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In re Petition for Reinstatement of Carol Trombley, a Minnesota Attorney. Minn. Attorney Discipline
The attorney in this Minnesota attorney discipline case was suspended by the Minnesota Supreme Court in 2018, with the right to petition for reinstatement after 6 months, for dishonestly converting funds belonging to her stepfather after her mother's death. In 2019, she petitioned for reinstatement, and the case was heard by a panel of the Board of Professional Responsibility. The panel held that she had not shown the requisite moral change, and recommended that the petition be denied. The case was then heard by the Minnesota Supreme Court.
The high court held that the panel's decision was clearly erroneous, and reinstated the attorney, subject to two years' probation.
The lawyer had admitted that her conduct was dishonest, and that she had taken money that was not hers. The panel concluded, however, that the attorney "softened the factual circumstances leading to her suspension," and downplayed her misconduct. But the hight court pointed out that the language supporting this conclusion was in response to questioning as to why she had converted the money. The court pointed out that these explanations went to her state of mind at the time of the conduct, and not at the time of the reinstatement hearing.
After examining all of the facts of the case, the court agreed that the attorney had demonstrated a renewed commitment to the ethical practice of law. It pointed out testimony that she would avoid handling wills and powers of attorney, and that she was currently seeing a therapist.
No. A19-0413 (Minn. Aug. 5, 2020).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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