In re Disciplinary Action against Biersdorf

Natalie E. Hudson Associate Justice

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Daniel J. Biersdorf has committed professional misconduct warranting public discipline. We referred the matter to a referee, who made findings of fact and conclusions of law that respondent committed some of the misconduct alleged—namely, failing to know of an amendment to the Minnesota Rules of Civil Procedure requiring the filing of an action with the appropriate court within 1 year of commencement and failing to advise the client of the same, failing to act promptly when advised of a dismissal under the new rule, and failing to transfer a filing fee into a trust account after a firm check issued for the fee was never delivered for payment of the fee. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4(b), and 1.15(a). The referee found several aggravating factors and recommended that the appropriate discipline was a public reprimand.

Respondent and the Director have entered into a stipulation for discipline. In it, the parties waive briefing and oral argument to this court and stipulate that the referee's findings of fact and conclusions of law are conclusive. The parties jointly recommend that the appropriate discipline is a public reprimand.

This 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 Daniel J. Biersdorf is publicly reprimanded.

2. Respondent shall pay $900 in costs pursuant to Rule 24, RLPR.

Dated: March 4, 2021

BY THE COURT:

/s/

Natalie E. Hudson

Associate Justice