In re Disciplinary Action Against Lundeen, 2012 Minn. LEXIS 79

Director filed a petition for disciplinary action against Lundeen on May 16, 2011 alleging multiple counts including misappropriation of client funds and failure to cooperate; Lundeen failed to answer.
A supplementary petition (May 31, 2011) added two counts; no answer filed; the court deemed admitted the allegations after a summary relief order dated June 30, 2011.
A second supplementary petition (November 3, 2011) added four more counts; no answer filed; a petition for temporary suspension followed (November 14, 2011) and admitted allegations led to temporary suspension on December 1, 2011.
Lundeen was admitted to practice in Minnesota in 1997 and had prior admonishments in 2001 and 2010 for related misconduct, including failure to handle client matters diligently and for a law-related debt.
The Director seeks disbarment; the admitted facts describe eight misconduct matters across multiple clients, including misappropriation of funds, neglect, false statements, and noncooperation.
The court disbarred Lundeen, ordering notice per RLPR Rule 26 and costs of $900.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Lundeen’s misappropriation and related misconduct warrant disbarment?	Lundeen misappropriated client funds and engaged in dishonesty, warranting disbarment.	Lundeen did not contest the admissions; no separate argument presented due to deemed admissions.	Yes; misappropriation with other misconduct supports disbarment.
Does Lundeen’s noncooperation justify discipline beyond admission of counts?	Lundeen failed to respond to investigations and notices, worsening severity.	No responsive defense due to lack of filing; mitigating arguments not raised.	Yes; noncooperation is an aggravating factor supporting disbarment.
Is disbarment the appropriate discipline given aggravating factors and prior discipline?	Cumulative serious misconduct and prior discipline justify disbarment.	Not applicable; no mitigating circumstances were raised due to nonresponse.	Disbarment is appropriate.

In re Grzybek, 567 N.W.2d 259 (Minn.1997) (disbarment considerations; misappropriation plus other misconduct)
In re Wentzel, 711 N.W.2d 516 (Minn.2006) (misappropriation with other misconduct)
In re Day, 710 N.W.2d 789 (Minn.2006) (sanctions for multiple misconduct including misappropriation and neglect)
In re Swokowski, 796 N.W.2d 317 (Minn.2011) (disbarment for misappropriation and neglect with disciplinary noncooperation)
In re Grzybek, 567 N.W.2d 259 (Minn.1997) (listed again for aggravating factors and sanction framework)
In re Ulanowski, 800 N.W.2d 785 (Minn.2011) (dishonesty and integrity issues supporting severe discipline)
In re Overboe, 745 N.W.2d 852 (Minn.2008) (prior misconduct as aggravating factor in disbarment decision)