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STATE OF MINNESOTA
IN SUPREME COURT
C7-99-1627
In Re Petition for Disciplinary Action against
Richard N. Indritz, an Attorney at Law of the
State of Minnesota.
O R D E R
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary
action alleging that respondent Richard N. Indritz has committed professional misconduct
warranting public discipline, namely, respondent neglected two client matters, failed to appear at a
hearing regarding a motion to compel discovery, practiced law while suspended on two separate
occasions for failure to pay his attorney registration fee, failed to cooperate with the Director's
investigation and made misrepresentations to the Director, in violation of Rules 1.1, 1.3, 1.4,
1.15(b)(4), 3.2, 3.3(a), 3.4(d), 4.1, 5.5(a), 8.1(a) and 8.4(c) and (d), Minnesota Rules of
Professional Conduct.
Respondent withdraws his answer and admits the allegations of the petition, except those stated in
paragraph 6, which the Director has withdrawn along with the related Rule violations alleged in
paragraph 7. Respondent 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 6-month suspension from the practice of law from
the date of this order, followed by 2 years of supervised probation subject to the following
conditions:
1. The reinstatement hearing provided for in Rule 18(a) through (d), RLPR is
waived.
2. Respondent shall undergo psychological counseling and attend a minimum of
twelve individual counseling or psychiatric sessions during the period from February
1, 2000 through the end of his suspension.
3. Respondent shall regularly attend meetings of a support group for lawyers
suffering from depression.
4. Respondent shall pass the professional responsibility portion of the state bar
examination within one year of the date of this Court's order.
5. Respondent shall comply with the client notification requirements of Rule 26,
RLPR.
6. Respondent shall pay $900 in costs pursuant to Rule 24(a), RLPR.
7. Respondent shall be reinstated to the practice of law following the expiration of
his suspension provided that respondent files, no earlier than 15 days before the
expiration of the suspension period, an affidavit with the Clerk of Appellate Courts
and the Director's office establishing that:
a. Respondent has complied with the counseling requirements
stated above including the dates of the counseling sessions and the
identity of the doctor or other mental health professional conducting
the sessions. In support of his affidavit, respondent shall attach an
affidavit from his treating doctor or other mental health professional
reciting respondent's course of treatment, stating whether
respondent's psychological problems are likely to recur, stating
whether respondent is psychologically fit to practice law, and
recommending any necessary additional treatment;
b. Respondent has regularly attended meetings of a depression
support group, including his dates of attendance; and
c. Respondent is current with Continuing Legal Education, has fully
complied with Rules 24 and 26, RLPR, and has satisfactorily
completed all conditions imposed by the Court.
8. Upon respondent's reinstatement to the practice of law, respondent shall be
placed on supervised probation for a period of 2 years, subject to the following
terms:
a. During his probation, respondent shall be prohibited from
engaging in the solo practice of law or assuming sole responsibility
for the representation of clients. Respondent may work as an
employee or associate of a licensed attorney, as an independent
contractor for one or more attorneys, as an employee of a
governmental agency or governmental entity or as in-house counsel,
provided he is supervised by another attorney;
b. Respondent shall cooperate fully with the Director's office in its
efforts to monitor compliance with his probation and promptly
respond to the Director's correspondence by the due date.
Respondent shall cooperate with the Director's investigation of any
allegations of unprofessional conduct which may come to the
Director's attention. Upon the Director's request, respondent shall
provide authorization for release of information and documentation
to verify compliance with the terms of this probation;
c. Respondent shall abide by the Minnesota Rules of Professional
Conduct;
d. Respondent shall be supervised by a licensed Minnesota
attorney, appointed by the Director to monitor compliance with the
terms of this probation. Respondent shall provide to the Director
the names of four attorneys who have agreed to be nominated as
respondent's supervisor within 2 weeks from the date of the Court's
reinstatement order. If, after diligent effort, respondent is unable to
locate a supervisor acceptable to the Director, the Director will
seek to appoint a supervisor. Until a supervisor has signed a
consent to supervise, the respondent shall on the first day of each
month provide the Director with an inventory of active files
described in paragraph (e) below. Respondent shall make active
client files available to the Director upon request;
e. Respondent shall cooperate fully with the supervisor's efforts to
monitor compliance with his probation. Respondent shall contact
the supervisor and schedule a minimum of one in-person meeting
per calendar quarter. Respondent shall submit to the supervisor an
inventory of all active files or matters by the first day of each month
during the probation. With respect to each active file, the inventory
shall disclose the name of the attorney with primary responsibility
for representing the client, the client name, type of representation,
date opened, most recent activity, next anticipated action, and
anticipated closing date. Respondent's supervisor shall file written
reports with the Director at least quarterly, or at more frequent
intervals as the Director may reasonably request;
f. Respondent shall initiate and maintain office procedures which
ensure that he promptly responds to correspondence, telephone
calls, and other important communications from clients, courts and
other persons interested in matters which respondent is handling,
and which will ensure that respondent regularly reviews each and
every file and completes legal matters on a timely basis; and
g. Respondent shall continue any treatment or programs
recommended by his treating doctor or mental health professional,
as may be described in the affidavit submitted by that professional
prior to respondent's reinstatement.
This court has independently reviewed the file and approves the jointly-recommended disposition.
IT IS HEREBY ORDERED that respondent Richard N. Indritz is suspended from the practice of
law for 6 months effective from the date of this order and placed on supervised probation for 2
years following completion of the suspension subject to conditions. Respondent shall pay $900 in
costs pursuant to Rule 24, Rules on Lawyers Professional Responsibility.
Dated: February 29. 2000
BY THE COURT:
/s/Alan C. Page
Associate Justice
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