In re Petition for Disciplinary Action Against David L. Ludescher, a Minnesota Attorney, Registration No. 194347. ...
Syllabus
1. The attorney discipline referee did not err by concluding that the juvenile court's orders purporting to grant the attorney's client temporary custody (both physical and legal) of the client's child were unenforceable. 2. The attorney discipline referee did not err by concluding that the transaction set-aside provision in Minnesota Statutes section 524.5-417(e) (2022) did not apply to the termination of the attorney's on-going attorney-client relationship with a client who became subject to a conservatorship. 3. The attorney discipline referee did not misinterpret Minnesota Rule of Professional Conduct 1.6 by determining that the attorney violated the rules of professional misconduct when the attorney failed to disclose his incapacitated client's file to the conservator. 4. Suspension from the practice of law for a minimum of 60 days followed by a 2-year term of supervised probation is the appropriate discipline for this attorney's misconduct. Suspended.
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