The Lawyers Professional Responsibility Board filed with this court a petition alleging that the respondent Walter D. Weyh-rich had been guilty of professional misconduct beginning in 1977 and continuing through October 1981. We assigned the petition to a referee for hearing pursuant to Minnesota Rules on Lawyers Professional Responsibility. Subsequently, the referee submitted his findings to this court. Because the record shows a continuing pattern of gross neglect in the handling of client matters, we disbar the respondent.
Respondent was admitted to the practice of law in 1972 and since that time has been in the private practice of law in Minnesota. In February of 1981, the Director of Lawyers Professional Responsibility issued an amended complaint, charging the respondent with neglect in several matters. That complaint also charged respondent with failure to cooperate with the Lawyers Professional Responsibility Board. Following receipt of that complaint, respondent admitted its allegations in a written stipulation. The complaint and stipulation were submitted to a panel of the Lawyers Professional Responsibility Board on March 6, 1981, and the stipulation was approved by the panel. In the stipulation, respondent agreed to abide by the Code of Professional Responsibility; to initiate and maintain office systems and procedures sufficient to ensure that he promptly respond to communications from clients, courts and other persons interested in the matters he was handling and to ensure regular review of each file he was handling; and to decline any legal work that he could not handle in a professional and timely manner. Moreover, respondent agreed to be placed on supervision for 2 years by a supervisor acceptable to the Director of Lawyers Professional Responsibility; to cooperate fully with the supervisor in demonstrating respondent’s continuing compliance with the terms and conditions of the stipulation; and to make periodic reports to the supervisor concerning the status of all matters then being handled by respondent. Finally, respondent agreed that the supervisor furnish to the Director reports as requested by the Director concerning respondent’s compliance with the terms and conditions of the stipulation.
Thereafter, upon further investigation the Director discovered additional complaints of unprofessional conduct in violation of the March 1981 stipulation. The Director then filed the present petition with this court. On July 29,1982, after yet more investigation, the Director filed a supplemental petition, alleging five additional counts of unprofessional conduct.
On October 29, 1981, this court immediately suspended respondent from the practice of law. We also referred the matter for hearing before a referee. After a hearing, the referee filed his findings and conclusions with this court on February 22, 1988. Since no transcript of the proceeding before the referee was ordered by the petitioner or by the respondent within 5 days of the referee’s filing of the findings with this court, those findings and conclusions are conclusive. Minn.R.Law.Prof.Resp. 14(d);
In re Nelson,
After entering into the March 6, 1981 stipulation, respondent failed to implement effective office systems and procedures to ensure his prompt attention to telephone calls and correspondence from clients, courts and others. Moreover, he failed to arrange for another supervising attorney to monitor his practice. He failed to cooperate with the Director’s office regarding new complaints of unprofessional conduct and neglect of client affairs. Between April and September of 1981, respondent failed to make written or oral reply to several letters by the Director seeking to establish supervision as required by the March stipulation. During the same time, the Director received additional complaints of unprofessional conduct. When the Director sought a reply from respondent to these complaints, he received no answer.
1. Wolfson Matter. Weyhrich was retained by Jerald Barton Wolfson to represent him in an attorney disciplinary proceeding. Weyhrich neglected the case after the referee’s hearing and failed to cooperate with the Director’s investigation of the matter. Admittedly, respondent was having some difficulty in contacting his client but he failed to notify the Director of that difficulty. Respondent neither filed a brief nor notified this court of his intention not to file a brief on behalf of Wolfson. Although he was notified of oral argument for September 11,1981, respondent failed to notify the court or the Director’s office that he would not appear for the argument. He did not appear for the argument, nor did he file a notice of withdrawal or otherwise withdraw from the representation of Wolf-son. Several months later, Wolfson applied to this court to vacate the findings of the referee and alleged neglect on the part of his attorney, respondent Weyhrich.
2. Chase Matter. Harold Chase engaged respondent to represent him in a federal age discrimination suit against his former employer, the Western Union Telegraph Company, in United States District Court. Respondent was notified of a pretrial conference scheduled for August 20, 1980, but. he did not notify his client about the pretrial conference. Moreover, he failed to notify either opposing counsel or the court that he would not be attending the conference. In fact, he did not attend the pretrial conference although he was aware that failure to attend a pretrial conference frequently results in a dismissal of the case. Subsequently, the clerk of the United States District Court sent respondent notice of the magistrate’s recommendation for dismissal. Later, the clerk sent respondent notice of the United States District Court’s order of dismissal of the case. Respondent took no steps to object to or appeal the dismissal. Thereafter, Chase called the respondent on séveral occasions. Respondent continually assured Chase the case was progressing but needed discovery. At no time did respondent inform Chase that the case had been dismissed. Finally, Chase contacted another attorney to represent him. She found out that the suit had been dismissed earlier in the year because respondent had failed to appear at a pretrial conference. Respondent never did file a notice of withdrawal or in any other manner withdraw from representing Chase in this suit. Chase, now represented by new counsel, sued respondent in a legal malpractice action alleging respondent’s neglect in his case resulting in dismissal. Respondent neither filed an answer nor requested án extension of time within which to file an answer, although he was aware that his failure to file would result in a default judgment. Default judgment was docketed against respondent in the amount of $246,431. Respondent failed to notify his malpractice insurance carrier of the action against him until after the January 28,1982 default hearing. Until the time of the hearing before the referee in this proceeding, respondent had taken no meaningful action to secure coverage from his malpractice insurance carrier. 1
4. Smith Matter. Respondent Weyhrich was retained by Russell and Jane Smith who had been joined as third-party defendants in litigation in Crow Wing County District Court in a suit challenging an easement that had been granted by the Smiths to another party. Respondent received a notice of the deposition of his client Russell Smith scheduled to take place in Brainerd, Minnesota, in December 1979. Respondent assured the attorney for the opposite party that he and his client would appear for the deposition as scheduled in Brainerd. However, he failed to notify his client of the deposition, to notify opposing counsel he would not attend the deposition and to make any effort to reschedule it. Neither respondent nor his client appeared at the deposition. Upon application, the district court awarded judgment in the amount of $385 against respondent and Smith for their failure to appear at the deposition. None of this judgment has been paid. On three different occasions, the clerk of Crow Wing County District Court sent respondent a notice of the Smith trial on a given date in January 1980. Moreover, the day before the scheduled trial the clerk of court called respondent, advising him of the trial date. Respondent failed to notify his client of the trial. Neither respondent nor his client appeared for the trial on the date scheduled. Respondent did not notify opposing counsel or the court that he would not appear. The court ordered a default judgment against the client in the amount of $2,500.
5.Dill worth Matter.
Respondent represented Arthur and Laura Dillworth in a suit against Claude, Inc. He commenced the action by service of summons and complaint on an attorney representing Claude, Inc. Claude, Inc. counterclaimed for abuse of process because of improper service of the complaint. At a special term motion hearing, respondent represented to the court that a memorandum supporting respondent’s claim of proper service was being prepared and would be provided to the court and counsel. No memorandum was ever provided to either. Respondent did request and receive a continuance of the trial of the case to a week certain trial setting. As that date approached, respondent was unable to locate his client, but he failed to notify the court or counsel prior to the trial date that he was unable to proceed. In addition, he failed to file a notice of withdrawal or to otherwise withdraw
6. Mortenson Matter. Respondent represented one of the parties in a marriage dissolution matter which was set for trial before a judge on a date certain. Respondent failed to notify the court or opposing counsel that he would not appear. He did not appear for trial of that matter and failed to notify his client of the trial setting.
7. Lack of Cooperation. The Director of Lawyers Professional Responsibility, in several letters from December 31,1981 to June 15, 1982, requested Weyhrich’s response to the Chase, Wu and Dillworth charges of unprofessional conduct. Although it is undisputed that respondent received the Director’s letters, respondent did not respond.
The foregoing shows repeated gross neglect of client matters over a 4-year period, all in violation of Minn.Code Prof.Resp. DR 1 — 102(A)(5), (6); DR 6-101(A); and DR 7-101(A)(l), (2)(3). Respondent’s failure to communicate with his clients and, in essence, his abandonment of his practice violated Minn.Code Prof.Resp. DR 1-102(A)(5), (6). ' Respondent’s failure to appear in court for representation of his clients violated Minn.Code Prof.Resp. DR 1-102(A)(5), (6) and DR 6-101(A). Respondent’s bad-faith litigation violated Minn.Code Prof.Resp. DR 1-102(A)(5), (6) and DR 7-102(A). Finally, respondent’s repeated failure to cooperate with the Director of Lawyers Professional Responsibility violated Minn.Code Prof. Resp. DR 1-102(A)(5), (6) and this court’s holding in
In re Cartwright,
In similar cases of serious and egregious misconduct inflicting great harm upon clients and the public interest, this court has imposed the sanction of disbarment.
In re Serstock,
Respondent candidly admits he is not presently competent to engage in the practice of law and, in essence, admits the facts as found by the referee. However, he urges this court to continue indefinitely his suspension from the practice of law because of alleged disability that caused his misconduct. Respondent urges us to impose the sanction of indefinite suspension as we have done in other cases.
See, e.g, In re Peters,
The referee concluded that respondent had failed to meet the Johnson standards as modified for psychological disability. Respondent failed to demonstrate by clear and convincing evidence that he was, in fact, affected by psychological disorders at the time of the misconduct. He failed to prove any causal relationship between any alleged psychological problems and the misconduct. No proof was offered that he is recovering from the disorders. Moreover, there is no evidence that any sort of recovery had arrested the misconduct or that the misconduct is not apt to recur. At the hearing before this court, his counsel indicated that since the time of the referee’s hearing respondent has placed himself under counselling by a psychologist. However, no evidence was presented either to the referee or to this court that would indicate that he is recovering from any psychological problems or that he had a psychological problem which contributed to or caused the misconduct with which he is charged or that there is any prospect of recovery so that the conduct is not apt to recur. In each of the cited cases where the sanction of indefinite suspension was imposed, the misconduct was either isolated, less severe, resulted from proven disability, or ceased after stipulation or probation. Here, respondent’s conduct has been continuing. It was more egregious. There is no proven disability, nor did it cease after respondent had stipulated his conduct and been placed on probation.
The purpose of an attorney disciplinary proceeding is to protect the public and the court and to serve as a deterrent against future misconduct.
In re Serstock,
Accordingly, respondent, Walter D. Weyhrich, is disbarred from practicing law in the State of Minnesota.
Notes
. At the hearing in this court, counsel for respondent indicated that a pending lawsuit had now been instituted to try to resolve the question of coverage under the malpractice policy.