In Re Petition for DISCIPLINARY ACTION AGAINST Victor Harlan SMITH, a Minnesota Attorney, Registration No. 195911 ( 2014 )

OFFICE OF
APPELLATE COURTS
STATE OF MINNESOTA AUG 1 8 2014
IN SUPREME COURT
FILED
A13-2110
In re Petition for Disciplinary Action against
Victor Harlan Smith, a Minnesota Attorney,
Registration No. 195911.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a
petition for disciplinary action and supplementary petition for disciplinary action alleging
that respondent Victor Harlan Smith committed professional misconduct warranting
public discipline, namely, failing to file or timely file federal and state individual income
tax returns and state employer withholding tax returns, failure to timely pay state
individual income and employer withholding taxes, and failure to cooperate with the
Director, in violation of Minn. R. Prof. Conduct 8.1(b) and 8.4(d), and Rule 25, Rules on
Lawyers Professional Responsibility (RLPR).
Respondent unconditionally admits the allegations in the petition and
supplementary petition, waives his rights under Rule 14, RLPR, and has entered into a
stipulation with the Director in which they jointly recommend that the appropriate
discipline is suspension from the practice of law for a minimum of 90 days and
reinstatement by petition.
This court has independently reviewed the file and approves the jointly
recommended disposition.
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Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that:
1. Respondent Victor Harlan Smith is suspended from the practice of law with
no right to petition for reinstatement for a minimum of 90 days, effective 14 days from
the date of the filing of this order;
2. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d),
RLPR. Reinstatement is conditioned on successful completion of the professional
responsibility portion of the state bar examination and satisfaction of continuing legal
education requirements pursuant to Rule 18(e), RLPR; and
3. Respondent shall comply with Rule 26, RLPR (requiring notice of
suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs
pursuant to Rule 24, RLPR.
Dated: August 18, 2014
BY THE COURT:
Alan C. Page
Associate Justice
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