In In re Rothstein, 777 N.W.2d 31 (Minn. 2009), the Minnesota Supreme Court disbarred a lawyer for committing professional misconduct warranting public discipline, namely, misappropriation of funds from the law firm in which respondent was a partner and making false entries into the law firm's books to conceal the misappropriation.
The Minnesota Supreme Court has reviewed the file and agreed with the recommended disposition that the lawyer was in violation of Minn. R. Prof. Conduct 8.4(b) and (c) and committed a felony theft by swindling in an amount greater than $ 35,000, in violation of Minn. Stat. § 609.52 (2008).
The lawyer also waived his procedural rights under Rule 14, Rules on Lawyers Professional Responsibility (RLPR) and admitted the allegations of the amended petition. The lawyer and the Director jointly recommend that the appropriate discipline is disbarment. Having been disbarred by the Minnesota Supreme Court for violation of the Minnesota Rules of Professional Conduct, the lawyer was also subjected to reciprocal discipline in Wisconsin. See Office of Lawyer Regulation v. Rothstein 2010 WI 30.
This case teaches the importance of the lawyer’s professional behavior under Rule 8.4(b) and (c). Rule 8.4(b) and (c) that states a lawyer shall not commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects or gage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
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