In re Disciplinary Action Against Ulanowski
2011 Minn. LEXIS 458
Minn.2011Background
- Director seeks disciplinary action against Minnesota attorney Lawrence W. Ulanowski for misconduct in five matters over ~three years; referee found multiple MRPC violations and some improper conduct during investigation.
- Ulanowski represented K.H. and E.H. in a dissolution; filed a pro se suit against K.H. on alleged property interests, with false statements.
- J.I. matter: Ulanowski overbilled, demanded a large retainer, and withdrew shortly before trial with told conditions.
- J.N. matter: warned of criminal charges to coerce payment in a civil dispute; issued a threatening communication.
- V.S. matter: frivolous claims leading to sanctions; failure to return original documents timely and to inform of settlement offers.
- Personal Marital Dissolution matter: repeated untimely motions and court-rule violations resulting in sanctions; other matters show a pattern across cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the referee’s findings on K.H. are clearly erroneous | Ulanowski contends errors in the facts. | Director argues findings supported by record. | No clear error; MRPC violations found. |
| Whether Ulanowski properly withdrew from J.I. representation | Withdrawal was justified by fees and case complexity. | Withdrawal violated Rule 1.16(d). | Violation established. |
| Whether the threat to prosecute J.N. violated MRPC | Threats were permissible advocacy. | Threats aimed to coerce payment. | Violation of Rule 8.4(d) established. |
| Whether conduct during disciplinary investigation violated MRPC | Responses and cooperation were adequate. | Non-response and misrepresentation occurred. | Violations proven; cooperation deficient. |
| Whether the K.A.R. matter’s Rule 4.4(a) finding was proper | Conduct harassed without substantial purpose. | No clear factual basis for Rule 4.4(a). | Rule 4.4(a) violation not clearly erroneous; overall sanctions remain. |
Key Cases Cited
- In re Coleman, 793 N.W.2d 296 (Minn. 2011) (review of referee findings; de novo on MRPC application)
- In re Aitken, 787 N.W.2d 152 (Minn. 2010) (suspension for forgery, false statements, and noncooperation)
- In re Winter, 770 N.W.2d 463 (Minn. 2009) (knowingly false statements to tribunal; disciplinary sanctions)
- In re Selmer, 568 N.W.2d 702 (Minn. 1997) (pattern of frivolous and harassing litigation; sanctions up to 12 months)
- In re Jensen, 542 N.W.2d 627 (Minn. 1996) (misconduct with frivolous claims and failure to follow procedures; longer suspension)