In re Disciplinary Action Against Hummel, 839 N.W.2d 78

Director filed two disciplinary petitions against Hummel for misappropriation, trust account violations, and misrepresentation/failure to cooperate.
Referee found Hummel committed the alleged misconduct and recommended disbarment; the court imposed a temporary suspension pending resolution.
Misappropriation: Hummel, representing G.R., received estate funds and misappropriated over $10,000 through transfers and self-writings from the trust account in nine acts between April 15–22, 2011.
Trust account violations: Hummel’s trust account was overdrafted January 20, 2011; shortages were unexplained and records were incomplete; overdraft recurred April 22, 2011.
Misrepresentation and non-cooperation: Hummel sent a false explanation noting data loss and lack of accounting control; he stopped responding to Director inquiries and did not participate in the hearing.
Court held that the misconduct supports disbarment, rejecting mitigating factors and noting pattern over months with substantial harm.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether misappropriation warrants disbarment	Director contends misappropriation of funds justifies disbarment.	Hummel did not present mitigating factors to justify lesser discipline.	Disbarment is warranted.
Whether trust account violations support discipline	Director argues improper books/records and shortages justify disbarment.	Hummel failed to provide adequate records; no credible defense alleged.	Disbarment is warranted.
Whether misrepresentation and failure to cooperate justify discipline	Director asserts false statements and non-cooperation constitute misconduct.	Hummel did not cooperate; no mitigating explanation offered.	Disbarment is warranted.
Whether aggravating/mitigating factors affect sanction	Director relies on seriousness and lack of mitigating factors.	Hummel presented no mitigating factors; no aggravators found.	Disbarment remains the appropriate sanction.

In re Nathanson, 812 N.W.2d 70 (Minn. 2012) (conclusive factual findings when no transcript is ordered; weight of referee)
In re Fairbairn, 802 N.W.2d 734 (Minn. 2011) (misappropriation with consideration of aggravating/mitigating factors)
In re Lundeen, 811 N.W.2d 602 (Minn. 2012) (aggravating/mitigating factors; case-by-case discipline)
In re Rooney, 709 N.W.2d 263 (Minn. 2006) (mitigating factors such as restitution and community contributions considered)
In re Rebeau, 787 N.W.2d 168 (Minn. 2010) (purpose of discipline; protecting the public and system)
In re Ulanowski, 800 N.W.2d 785 (Minn. 2011) (weight given to referee's recommended discipline; ultimate authority retained)
In re Montez, 812 N.W.2d 58 (Minn. 2012) (misuse of funds; harms to public and profession)
In re Garcia, 792 N.W.2d 434 (Minn. 2010) (misappropriation context; seriousness of misconduct)
In re Varriano, 755 N.W.2d 282 (Minn. 2008) (failure to maintain books/records warrants discipline)
In re Brooks, 696 N.W.2d 84 (Minn. 2005) (failure to cooperate with disciplinary process warrants discipline)