In Re Petition for DISCIPLINARY ACTION AGAINST Lynne A. TORGERSON, a Minnesota Attorney, Registration No. 208322
2015 Minn. LEXIS 580
Minn.2015Background
- Lynne A. Torgerson, admitted 1990, faced a disciplinary petition alleging misconduct across five client matters and one disciplinary complaint she filed against another attorney.
- Misconduct findings included: making false statements about judges and opposing counsel; disobeying a judge’s instruction to remain available during jury deliberations (leading to a mistrial and contempt fine); belligerent, yelling calls to court staff; disruptive courtroom interruptions; and a retainer term making a flat fee effectively nonrefundable after 24 hours.
- In separate matters she sent hostile emails accusing a prosecutor of protecting a pedophile and filed false allegations in a disciplinary complaint about that prosecutor’s conduct.
- The referee found violations of multiple MRPC rules (including Rules 1.5(b), 3.4(c), 3.5(h), 4.1, 4.4(a), 8.1(a), 8.2(a), 8.4(c), and 8.4(d)) and recommended a public reprimand.
- The Minnesota Supreme Court sustained the referee’s factual findings (deferential review), rejected two of the referee’s mitigating credits (lack of prior discipline and post-hoc correction of the retainer), and imposed a 60-day suspension, conditions for reinstatement, costs, and probation upon reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Torgerson made knowingly false statements and accusations of judicial bias | Director: Statements were knowingly false or made with reckless disregard and violated Rule 8.2(a) and related rules | Torgerson: Statements reflected sincere belief / good-faith disagreement with court conduct | Court: Referee’s findings not clearly erroneous; statements objectively unreasonable and reckless — violation sustained |
| Whether Torgerson disobeyed court order to remain available during jury deliberations | Director: Failure to stay near courthouse and refusal to return when asked disrupted tribunal and led to mistrial | Torgerson: No obligation to return; she was legitimately delayed | Court: Clear disobedience of judge’s plain instruction; conduct violated Rules 3.4(c), 3.5(h), 8.4(d) |
| Whether retainer language rendering flat fee nonrefundable complied with Rule 1.5(b)(3) | Director: Agreement improperly forfeited unearned fees and circumvented Rule 1.5(b)(3) | Torgerson: Characterized fee as flat/earned under agreement | Court: Agreement violated Rule 1.5(b)(3); 24-hour forfeiture does not render fee "fully earned" |
| Appropriate sanction given misconduct, aggravators, and mitigators | Director: Severe discipline (indefinite suspension with minimum 6 months) | Torgerson: No discipline or minimal sanction; challenged referee findings and claimed mitigation | Court: Multiple serious violations over time; two referee mitigators rejected; 60-day suspension appropriate with conditions |
Key Cases Cited
- In re Aitken, 787 N.W.2d 152 (Minn. 2010) (burden and standard for proving attorney misconduct)
- In re Wentzell, 656 N.W.2d 402 (Minn. 2003) (deference to referee’s credibility-based findings)
- In re Graham, 453 N.W.2d 313 (Minn. 1990) (60-day suspension for reckless accusations of judicial conspiracy)
- In re Ulanowski, 800 N.W.2d 785 (Minn. 2011) (discussing mitigation and attorney conduct standards)
- In re Jensen, 468 N.W.2d 541 (Minn. 1991) (expectation of civility and respect for bench)
- In re Lundeen, 811 N.W.2d 602 (Minn. 2012) (misrepresentations warrant severe discipline)
- In re Getty, 401 N.W.2d 668 (Minn. 1987) (discipline for failure to show restraint and respect in court)
- In re Rebeau, 787 N.W.2d 168 (Minn. 2010) (lack of prior discipline is not a mitigating factor)
- In re Albrecht, 779 N.W.2d 530 (Minn. 2010) (mere compliance with rules post-misconduct is not mitigating)