Professional Responsibility Keyed to Hazard
In re Himmel
Facts
Casey, an attorney, converted the portion of a personal injury settlement check that belonged to his client, Forsberg. Forsberg then retained Himmel (Defendant) to collect her money. In return for Forsberg’s agreeing not to file any criminal, civil, or attorney discipline action against him, Casey agreed to a settlement but failed to pay the amount negotiated by Himmel (Defendant). Defendant then brought suit for breach, which resulted in a judgment against Casey. The administrator of the disciplinary commission (Plaintiff) then filed a disciplinary complaint against Defendant for failure to report Casey’s misconduct. The hearing board recommended a private reprimand, and the review board recommended that the complaint be dismissed. The Plaintiff sought review in the state supreme court.
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