In re Petition for Disciplinary Action against Philip Jay Elbert, a Minnesota Attorney, Registration No. 293891. ( 2015 )

STATE OF MINNESOTA
April 1, 2015
IN SUPREME COURT Omc.:OF
APPB.I!AJECn,rD"'r«:
A15-0350
In re Petition for Disciplinary Action against
Philip Jay Elbert, a Minnesota Attorney,
Registration No. 293891.
ORDER
The Director of the Office of Lawyers Professional Responsibility filed a petition
for disciplinary action alleging that respondent Philip Jay Elbert committed professional
misconduct warranting public discipline, namely, failing to maintain custody over and
disseminating confidential materials obtained during discovery in a criminal proceeding,
in violation of Minn. R. Prof. Conduct 3.4(c) and 8.4(d).
Respondent now waives his procedural rights under Rule 14, Rules on Lawyers
Professional Responsibility (RLPR), and unconditionally admits the allegations of the
petition. In a stipulation for discipline, the parties jointly recommend that the appropriate
discipline is a 30-day suspension.
The 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:
1. Respondent Philip Jay Elbert is suspended from the practice of law for a
minimum of 30 days, effective 14 days from the date of the filing of this order;
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2. Respondent shall comply with Rule 26, RLPR (requiring notice of
suspension to clients, opposing counsel, and tribunals);
3. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR;
4. Respondent shall be eligible for reinstatement to the practice of law
following the expiration of the suspension period provided that, not less than 15 days
before the end of the suspension period, respondent files with the Clerk of Appellate
Courts and serves upon the Director an affidavit establishing that he is current in
continuing legal education requirements, has complied ~ith Rules 24 and 26, RLPR, and
has complied with any other conditions for reinstatement imposed by the court; and
5. Within l year of the date of the filing of this order, respondent shall file
with the Clerk of Appellate Courts and serve upon the Director proof of successful
completion of the professional responsibility portion of the state bar examination. Failure
to timely file the required documentation shall result in automatic re-suspension, as
provided in Rule 18(eX3), RLPR.
Dated: April I, 2015
BY THE COURT:
Associate Justice
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