Minnesota

Warning: The following opinion is provided for purposes of discussion only. We have not Shepardized™ this opinion, and do not know the subsequent disposition of this case nor whether the effect of the opinion has been overruled or superceded by other law.

In re the Petition for Disciplinary Action
against John H. McLoone IV,
609 N.W.2d 616 (Minn. 04/28/2000)

C4-00-622

SUPREME COURT OF MINNESOTA

609 N.W.2d 616

April 28, 2000, Decided

DISPOSITION: [*1] Respondent John H. McLoone, IV, publicly reprimanded, and that he pay $ 900 in costs pursuant to Rule 24, RLPR.

JUDGES: Alan C. Page, Associate Justice.

OPINIONBY: Alan C. Page

OPINION: ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent John H. McLoone, IV, has committed professional misconduct warranting public discipline, as described herein. An attorney in respondent's firm represented a person in the sale of property by contract for deed. The contract for deed provided that the contract could not be assigned without the client's consent. Shortly after the contract for deed was recorded, respondent secured an assignment of the contract for deed from the other party to the contract without obtaining the client's consent. Respondent obtained the assignment to secure the other party's obligation to respondent's firm for unpaid legal fees from a prior matter. As a result of the transfer, the property lost its homestead exemption. Neither respondent nor the other party in the contract paid the taxes on the property. Ultimately, cancellation proceedings were brought. Respondent's conduct violated Rules 1.6(a)(2) and (3), 1.8(b), 1.9(a) and (b), and 1.10(a), Minnesota Rules of Professional Conduct.

Respondent admits [*2] his conduct violated the Rules of Professional Conduct, waives his rights pursuant to Rule 14, Rules on Lawyers Professional Responsibility (RLPR), and has entered into a stipulation with the Director wherein they jointly recommend that the appropriate discipline is a public reprimand and payment of $ 900 in costs pursuant to Rule 24, RLPR.

This court has independently reviewed the file and approves the jointly recommended disposition.

IT IS HEREBY ORDERED that respondent John H. McLoone, IV, is publicly reprimanded, and that he pay $ 900 in costs pursuant to Rule 24, RLPR.

Dated: April 28, 2000

BY THE COURT:

Alan C. Page

Associate Justice

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