In Re Petition for DISCIPLINARY ACTION AGAINST Linda A. BROST, a Minnesota Attorney, Registration No. 182692
850 N.W.2d 699
Minn.2014Background
- Brost is an attorney admitted in 1987 who was indefinitely suspended in 2009 for notarization fraud and related misconduct; the OLPR petitioned for disciplinary action based on theft by swindle and identity theft involving about $43,000 and on non-cooperation with the investigation.
- Brost allegedly stole $43,000 from client A.F. by cashing annuity payments and pretending to be A.F. to surrender an annuity.
- Brost pleaded guilty in July 2013 to theft by swindle and to identity theft; she was convicted of these felonies.
- Brost failed to respond to the disciplinary petition or to multiple OLPR requests for information, leading the court to deem the allegations admitted.
- The Director seeks disbarment, arguing that the misconduct (theft, identity theft) and noncooperation constitute serious professional misconduct under Minn. R. Prof. Conduct 8.4 and RLPR Rule 25.
- The court weighed the nature of the misconduct, cumulative weight, harm to the public and profession, and aggravating factors, and concluded disbarment is warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disbarment is appropriate for the misconduct | Director: misappropriation and identity theft with noncooperation merits disbarment | Brost: not addressed (nonresponse) | Disbarment warranted |
| Whether noncooperation alone supports severe discipline | Director: noncooperation increases severity | Brost: (no response) | Yes, noncooperation increases severity |
| Whether cumulative weight and aggravating factors justify disbarment | Director: multiple acts over time; selfish motive; prior discipline | Brost: (no response) | Disbarment supported by cumulative weight and aggravating factors |
Key Cases Cited
- In re Rebeau, 787 N.W.2d 168 (Minn. 2010) (disbarment appropriate for serious misconduct; aggravating/mitigating factors considered)
- In re Fru, 829 N.W.2d 379 (Minn. 2013) (discipline framework and factors guiding punishment)
- In re Jones, 834 N.W.2d 671 (Minn. 2013) (presumptive discipline for misappropriation; mitigating factors considered)