In re Disciplinary Action Against O'Brien, 809 N.W.2d 463

O'Brien represented D.M. in two matters: an appeal of a harassment restraining order and an appeal of a conciliation court judgment.
He failed to file a merits brief in the first matter, leading to dismissal, and did not inform D.M. of the dismissal.
In the conciliation matter, O'Brien did not conduct any requested discovery, despite assurances to D.M..
D.M. repeatedly sought the return of his client files; O'Brien delivered only a partial set and failed to document delivery attempts.
The Director investigated, requested a response, and charged misconduct; O'Brien failed to timely respond to notices and orders, and his answer was struck.
The referee deemed the petition admitted, found serious misconduct, and recommended indefinite suspension with a minimum of 90 days.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did O'Brien's neglect and poor communication amount to professional misconduct?	O'Brien violated multiple rules while neglecting matters and failing to inform.	O'Brien did not submit a brief or argument; no contrary position presented to challenge findings.	Yes; misconduct established under multiple rules.
Was failure to cooperate with the disciplinary investigation misconduct?	O'Brien's noncooperation undermined disciplinary process and violated Rule 25 RLPR and 8.1(b).	No direct argument presented due to lack of brief from O'Brien.	Yes; constitutes misconduct and supports aggravation.
Is indefinite suspension with a minimum of 90 days an appropriate sanction?	Discipline should reflect serious neglect and noncooperation, with suspension.	No reply; no counter-arguments offered.	Yes; appropriate sanction given nature and aggravation.

In re Albrecht, 779 N.W.2d 530 ( Minn. 2010) (indefinite suspension for significant misconduct)
In re Garcia, 792 N.W.2d 434 ( Minn. 2010) (upholds referee findings when no brief challenges are filed)
In re Campbell, 603 N.W.2d 128 ( Minn. 1999) (neglect and noncooperation can warrant indefinite suspension)
In re Crandall, 699 N.W.2d 769 ( Minn. 2005) (indefinite suspension for neglect and lack of cooperation)
In re Ek, 643 N.W.2d 611 ( Minn. 2002) (indefinite suspension for neglect and failure to communicate)
In re Redburn, 746 N.W.2d 330 ( Minn. 2008) (neglect harms public confidence)
In re Letourneau, 792 N.W.2d 444 ( Minn. 2011) (noncooperation undermines integrity of disciplinary system)
In re Cutting, 671 N.W.2d 173 ( Minn. 2003) (neglect constitutes serious misconduct warranting suspension)
In re Frickson, 653 N.W.2d 184 ( Minn. 2002) (noncooperation with discipline investigation serious)
In re Keate, 488 N.W.2d 229 ( Minn. 1992) (public confidence harmed by neglect)