To do this, both the employee and the supervisor must get to the heart of the matter and understand the reason behind the sub-standard performance. First, it states the problem, and explains the gravity and implications of the problem.Second, it outlines the corrective action that is being taken.
Heard, considered, and decided by the court en banc. Cleary, Director of the Office of Lawyers Professional Responsibility, Patrick R. Following a ten-day contested hearing in November and December of 1997, the referee concluded that Moeller had engaged in a pattern of dishonesty, fraud, deceit and misrepresentation in violation of Minn. In support of this conclusion, the referee made findings of fact which may be summarized as follows:1) In six workers' compensation matters, Moeller had his clients sign settlement stipulations that falsely recited that Moeller had retainer agreements with the clients for a maximum contingent fee of $13,000, when in fact, the retainers were for $6,500.1 After the clients signed the stipulations, Moeller then had them sign new retainer agreements providing for a $13,000 maximum contingent fee, which he backdated to a date prior to the client's settlement stipulation.
From February 1990 to April 1997, Moeller practiced as the sole proprietor of David G. It was during this period of time that the conduct underlying this disciplinary action occurred. Conduct 3.3(a)(1) and (4), 3.4(b), 4.1, 8.1(a)(1),(c)(1) and (d).
Be sure that you are applying disciplinary action in a fair and consistent manner.
If Mary is not disciplined for returning from her lunch break 10 minutes late, then you would be hard pressed to write-up another employee for this same violation.
The alleged violations include backdating client retainer agreements and failing to explain and/or misrepresenting the dates of the agreements to judges and/or opposing counsel, altering a settlement stipulation after it was signed by opposing counsel, directing the forgery of a client's name on a retainer agreement, counseling a client to stage an accident, testifying falsely, and making false statements to a former law partner regarding an attorney lien and to the Director regarding matters under investigation. Conduct 3.3(a)(1) and (a)(4), 3.4(b), 4.1, 8.1(a)(1), 8.4(c) and (d).