In re Disciplinary Action against O'Brien, 894 N.W.2d 162

Steven M. O’Brien represented D.F. in a 2012 suit, failed to communicate, missed a pretrial conference, withdrew days before trial, and left D.F. to proceed pro se; the case was dismissed with prejudice and D.F. was taxed costs.
D.F. complained to the Director; O’Brien largely failed to respond to investigative requests and did not answer the initial petition (allegations deemed admitted).
O’Brien served as successor trustee for M.J.’s revocable trust (beneficiary: Order of St. Benedict, St. John’s Abbey); he controlled the trust bank and brokerage accounts.
From Sept. 2014 to Mar./July 2015, O’Brien made numerous withdrawals and wire transfers totaling $328,420.45 from trust accounts and provided no accounting; the Director alleged misappropriation.
O’Brien filed an answer to the supplemental petition denying wrongful misappropriation, but his answer was later stricken for noncooperation; he did not appear at the referee hearing or file briefs on appeal.
The referee recommended disbarment; the court deemed the disciplinary allegations admitted and disbarred O’Brien, ordering compliance with RLPR Rule 26 and $900 costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Misappropriation of trust funds	Director: O’Brien misappropriated $328,420.45 from the M.J. trust while acting as trustee, breaching fiduciary duty	O’Brien: denied wrongful misappropriation in supplemental answer (later stricken); otherwise largely nonresponsive	Court: Allegations deemed admitted; misappropriation of trust funds established and is serious misconduct warranting disbarment
Neglect of client and withdrawal	Director: O’Brien neglected D.F., failed to communicate, missed pretrial, withdrew days before trial, failed to return file — causing dismissal with prejudice	O’Brien: no substantive defense; failed to respond to initial petition	Court: Misconduct admitted; client neglect and abandonment aggravated discipline
Failure to cooperate with disciplinary process	Director: O’Brien ignored investigative requests and discovery, violating rules and undermining system	O’Brien: minimal responses (e.g., affidavit about bar fee) but otherwise uncooperative	Court: Noncooperation established; weighed as aggravating factor supporting severe discipline
Appropriate discipline	Director: Disbarment appropriate given misappropriation, client harm, and noncooperation	O’Brien: did not meaningfully contest discipline on the merits	Held: Disbarment imposed; consistent with precedent involving misappropriation and fiduciary breaches

In re Isaacs, 451 N.W.2d 209 (Minn. 1990) (misappropriation of trust funds is serious misconduct)
In re Moe, 851 N.W.2d 868 (Minn. 2014) (disbarment for misappropriation from non-client beneficiary)
In re Grzybek, 567 N.W.2d 259 (Minn. 1997) (repeated client neglect and communication failures warrant severe discipline)
In re Engel, 538 N.W.2d 906 (Minn. 1995) (noncooperation with disciplinary proceedings can warrant suspension)
In re Fairbairn, 802 N.W.2d 734 (Minn. 2011) (misappropriation harms the public and justifies severe sanction)
In re Greenman, 860 N.W.2d 368 (Minn. 2015) (consider number of clients harmed and extent of injury in discipline analysis)
In re Albrecht, 779 N.W.2d 530 (Minn. 2010) (court is sole arbiter of discipline; consider consistency with similar cases)
In re Mayne, 783 N.W.2d 153 (Minn. 2010) (disbarment for misappropriation while acting in fiduciary capacity)
In re Amundson, 643 N.W.2d 280 (Minn. 2002) (disbarment for large-scale misappropriation by trustee)
In re Olson, 358 N.W.2d 662 (Minn. 1984) (disbarment where attorney abused power of attorney/trust relationship)