IN SUPREME COURT
In re Petition for Reinstatement to the Practice of
Law of James W. Moen, Registration No. 160349.
O R D E R
March 28, 2005, we indefinitely suspended petitioner James W. Moen from the
practice of law, the suspension to run concurrently with petitionerís probation
for wire fraud and fraud and related activity in connection with
computers.† In re Moen, 694 N.W.2d 556 (
††††††††††† Petitioner and the Director of the Office of Lawyers Professional Responsibility have entered into a stipulation in which they stipulate that the panelís findings of fact are conclusive, waive briefing and oral argument, and jointly recommend that petitioner be reinstated to the practice of law under supervised probation for two years subject to the following conditions:
(a)†††††† Petitioner shall cooperate fully with the Directorís office in its efforts to monitor compliance with this probation and promptly respond to the Directorís correspondence by the due date.† Petitioner shall cooperate with the Directorís investigation of any allegations of unprofessional conduct which may come to the Directorís attention.† Upon the Directorís request, petitioner shall provide authorization for release of information and documentation to verify compliance with the terms of his probation.
(b)†††††† Petitioner shall abide by the Minnesota Rules of Professional Conduct.
shall be supervised by a licensed
(d)†††††† Petitioner shall cooperate fully with the supervisor in his or her efforts to monitor compliance with the probation.† Petitioner shall contact the supervisor and schedule a minimum of one in-person meeting per calendar quarter.† Petitioner shall submit to the supervisor an inventory of all active client files by the first day of each month during the probation.† With respect to each active file, the inventory shall disclose the client name, type of representation, date opened, most recent activity, next anticipated action, and anticipated closing date.† Petitionerís supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as may reasonably be requested by the Director.
(e)†††††† If petitioner successfully completes the first year of his supervised probation, the Director has the discretion to make the second year of probation unsupervised.
††††††††††† This court has independently reviewed the file and approves the jointly recommended disposition.†
††††††††††† Based upon all the files, records, and proceedings herein,
††††††††††† IT IS HEREBY ORDERED that, effective immediately, petitioner James W. Moen is reinstated to the practice of law and is placed on probation for a period of two years subject to the agreed-upon terms and conditions set forth above.† In the event the Director elects to make the second year of petitionerís probation unsupervised, the Director shall so notify this court.†
††††††††††† Dated:††† February 8, 2006
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† BY THE COURT:
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Helen M. Meyer
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Associate Justice