This аction is before this court on petition of the director of the Lawyers Professional Responsibility Board for the discipline of respondent Paris DonRay Getty. The referee appointed by this court, after an evidentiary hearing on the director’s charges, found Getty guilty of multiple acts of misconduct and recommended sanctions of a reprimand, costs and a 60-day suspension. Getty challenges the refereе’s recommendations. We affirm the referee’s findings, but decline to order a suspension.
Respondent Paris DonRay Getty has been admitted to the practice of law in the State of Minnesota since May 5, 1978. He hаs been engaged in a general practice and, for the past several years, practiced from Lindstrom and Forest Lake, Minnesota. He has been associated with various lawyers, both in partnership arrangements and in employer-employee arrangements.
The first three counts of the director’s petition alleged that Getty violated professional standards by his behavior in the trial of a case in Pine County in January 1984. Getty’s client was suing in connection with the construction of a motel the plaintiff opened in Sturgeon Lake, Minnesota. Getty’s client brought suit against the contractor for negligently breaching his construction contract and against the Bank of Barnum and its officers for fraud, alleging their individual liability for the bank’s wrongful acts.
With regard to Getty’s conduct during the trial, the referee found by clear and convincing evidence that Getty had been late numerous times returning from recesses, that Getty scowled or grimaced at adverse rulings and threw pencils on the table, that he had turned to his clients and said “error” after adverse rulings, pointed his thumb at the bеnch while facing spectators, persisted unreasonably in arguing adverse rulings, moved for mistrial in the presence of the jury and distracted and annoyed other counsel, perhaps unintentionally, by his trips for water. The referee also found the lawsuit against one of the individual bank officers to be without merit.
On appeal, Getty challenges some of the above findings, in particular, that Getty was late more than twice, moved for mistrial “several” times, had inappropriate facial expressions or made untoward remarks to his client while court was in session. Getty also challenges the finding that he brought a frivolous claim.
The fourth cоunt against Getty alleges misconduct in a motion hearing before the Ramsey County District Court on April 10, 1985, in the judge’s chambers. After hearing argument on both sides, the court indicated that a ruling would go against Getty’s client. The referee found that Getty stated, “I knew how you were going to decide this case before I came to court.” and that, after further heated discussion, Getty told the judge that “you know you’re wrong, you’re shaking too much.” The judge tоld Getty to get out of his chambers and closed the door. Getty pounded on the door and said “you know you’re wrong.” Getty then returned to his clients in the courtroom and, while there, challenged a bailiff’s authority to evict him. Getty again returned to the judge’s chambers. He told the judge at this time that Getty’s clients would remember this affair when they voted. Getty does not specifically challenge these particular findings, but does argue that the referee’s account is incomplete and misleading.
The director’s fifth count is that Getty’s contacts with the relatives of a client Getty was representing in a criminal matter were improper. The refereе found that, in phone conversations with these relatives, Getty had overemphasized the seriousness of criminal charges against his client and
The sixth count concerns Getty’s representation of a client in Hennepin County in proceedings supplementary to the client’s divorce. After а referee’s order, the attorney for the client’s former husband filed a motion for review of the order on June 27, 1985, setting the hearing for 9:00 a.m. on August 7,1985. Getty prepared a counter-motion, which was filed July 24, 1985, and another countermotion and an order to show cause for not holding the husband in contempt, both filed August 2,1985. All of Getty’s motions were noticed to be heard at the August 7 hearing. On that date, a previous hearing ran late and the hearing in Getty’s matter did not begin until 9:45 a.m. The judge had the opposing motions before her, but not the order to show cause, though it was later found in the court’s file. The judge asked the opposing attorney to proceed, but hе was interrupted by Getty’s request that the order to show cause be heard. In the discussion that ensued, Getty repeatedly interrupted the court. The referee found that Getty should have known that his desire to argue the order to show cause was out of order and that his interruptions were discourteous and an attempt to usurp the court’s control of its hearing. On appeal, Getty challenges these findings.
The seventh and eighth counts of the director’s petition allege irregularities in Getty’s organization and use of his trust accounts. The referee found that Getty’s business and trust account journals failed to record trial balances or monthly reсonciliations of the trust account. Moreover, Getty had not properly instructed his bookkeeper or reviewed the trust account records to ensure they were properly kept. The referеe also found that Getty had written checks on trust accounts prior to receiving funds from the clients. These checks were written to meet filing deadlines and were sent on representations by the client that funds were forthcoming. Getty did deposit additional amounts to the trust funds to cover shortfalls. Finally, Getty’s trust account at the Security State Bank of Lindstrom earned interest from July 1, 1988, which was not paid to the Lawyers’ Trust Account Board. Getty agreed to determine the required interest and pay the sum to the board. On appeal, Getty challenges only the findings that he did not properly instruct his bookkeeper or review his trust account records.
After making his findings, the referee recommended that Getty be reprimanded, that he pay appropriate costs and that Getty be suspended from practice for 60 days. Respondent asks us to dismiss the petition outright whereas the director urges that, at a minimum, we adopt the referee’s recommendations as to discipline in toto. We do, in fact, adopt all the referee’s findings and his recommendations for discipline with thе exception of the 60-day suspension.
We give great weight to the referee’s findings and conclusions in disciplinary proceedings.
See In re Weyhrich,
Ordinarily, we place great weight on a referee’s recommendations, but final responsibility for discipline lies with this court.
In re Fling,
We are not oblivious to the facts of this case. Respondent was rude, loud and disrespectful to the court on, at least, three occasions. He must learn to show more restraint and more respect for the judicial system even while disagreeing strongly with it or its decisions. Lawyers must be encouraged to represent their clients vigorously and we are hesitant in anyway to interfere with an attorney’s ability to do so; yet, there is a line that should not be crossed and respondent has crossed it. Respondent must learn to be polite, but firm in his objections, to make any objections on the record to protect the same and to appeal any adverse rulings with which he disagrees. However, while we feel discipline of the respondent is mandated, we decline to put him out of business for 60 days, which could be tantamount to destroying his practice. Instead, we choose to issue him this strong reprimand and warning and grant him the opportunity to correct his conduct. We feel compelled to point out that respondent’s conduct as exhibited in the past will not be tolerated in the future.
Accordingly, this court imposes the following discipline on respondent:
1. Respondent is publicly reprimanded for his behavior.
2. Costs of $500 are imposed against respondent. He shall pay said sum to the Board of Professional Responsibility within 60 days of the release of this opinion.