In re Disciplinary Action Against Garcia, 2010 Minn. LEXIS 804

Garcia, admitted in Minnesota in 1991, has a substantial misconduct history including prior suspensions and reprimands; he was suspended in 2009 pending disciplinary action and a referee recommended disbarment after finding misconduct across multiple matters.
The T.R. matter involved misappropriation of $27,000 client funds, with undisclosed disbursements and forged signatures, and false statements to conceal the misappropriation; the balance never reflected available funds.
In the A.S. matter, Garcia charged a $4,500 unreasonable fee and failed to refund despite a binding arbitration award; he did not repay the award or fund.
In the S.B. matter, Garcia cancelled a hearing and withdrew a petition without consulting the client or providing the client with documents or notices, leading to a demand for a refund of retainer.
Garcia admitted tax filing failures, including late employer withholding tax returns/payments for 2002–2004, with little evidence of full restitution.
The Board and this court found substantial aggravation with no mitigating factors and concluded disbarment was warranted; Garcia did not attend oral argument or timely file a brief, and the referee’s findings were upheld.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Garcia’s misappropriation warrants disbarment	Director emphasizes serious misappropriation and concealment	Garcia argues lack of mitigating factors	Disbarment warranted
Whether Garcia’s false statements and coercion justify discipline	Director asserts false affidavits and coercion occurred	Garcia disputes extent of false statements	Disbarment upheld for false statements and coercion
Whether failure to cooperate with the investigation supports discipline	Director contends Garcia impeded inquiry	Garcia disputes extent of noncooperation	Disbarment supported by failure to cooperate
Whether tax and fee arbitration violations justify discipline	Director cites late taxes and unreasonable fee/arbitration noncompliance	Garcia argues no mitigating force	Disbarment affirmed for tax and fee arbitration violations

In re Peters, 332 N.W.2d 10 (Minn. 1983) (disciplinary inquiry lacks criminal/civil character; due process flexible)
In re Rerat, 224 Minn. 124, 28 N.W.2d 168 (Minn. 1947) (discipline standards and due process considerations)
In re Gherity, 673 N.W.2d 474 (Minn. 2004) (charges must be clear; opportunity to prepare defense)
In re Koss (Koss I), 572 N.W.2d 276 (Minn. 1997) (reciprocal discipline and hearing opportunity considerations)