October 10, 2016

STATE OF MINNESOTA 

IN SUPREME COURT 

Al6-1195 

In re Petition for Disciplinary Action against 

Adam Andrew Gillette, a Minnesota Attorney, 

Registration No. 0328352. 

ORDER 

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Om~EOF' 

Arra.I.AmCcuns 

The Director of the Office of Lawyers Professional Responsibility has filed a 

petition for disciplinary action alleging that respondent Adam Andrew Gillette committed 

professional misconduct warranting public discipline- namely, making multiple 

misrepresentations to a client and one misrepresentation to the client's acquaintance about 

the status of the client's matter; misleading the client into believing that the case had settled 

when, in fact, respondent had not pursued it; allowing the statute of limitations in the 

client's matter to lapse due to his neglect; and neglecting another client matter resulting in 

the expiration of the statute of limitations. See Minn. R. Prof. Conduct 1.1, 1.3, 1.4, 4.1, 

and 8.4( c). As mitigation of his passive misconduct. respondent produced evidence that 

he suffered from an untreated mental-health issue at the time of the misconduct for which 

he later sought treatment. Respondent also produced evidence that he is remorseful for his 

misconduct. 

Respondent wmves his rights under Rule 14, Rules on Lawyers Professional 

Responsibility (RLPR), and unconditionally admits the allegations in the petition. The 
parties jointly recommend that the appropriate discipline is a 60-day suspension and 2 years 

of supervised probation. 

The court has independently reviewed the file and approves the recommended 

disposition. 

Based upon all the tiles, records, and proceedings herein, 

IT IS HEREBY ORDERED THAT: 

l. Respondent Adam Andre\V Gillette is suspended from the practice oflaw for 

a minimum of 60 days. effective as of the date of this order. 

2. 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. 

3. Respondent shall be eligible for reinstatement to the practice of law 

following the expiration of the suspension period provided that, not less than 15 days before 

the end of the suspension period, respondent tiles with the Clerk of Appellate Courts and 

serves upon the Director an affidavit establishing that he is current in continuing legal 

education requirements. has complied with Rules 24 and 26. RLPR, and has complied with 

any other conditions for reinstatement imposed by the court. 

4. Within 1 year of the date of the filing of this order. respondent shall file with 

the Clerk of the Appellate Courts and serve upon the Director proof of successful 

completion of the written examination required for admission to the practice of law by the 

State Board of Law Examiners on the subject of professional responsibility. Failure to 

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timely file the required documentation shall result in automatic re-suspension, as provided 

in Rule 18( e)( 3 ), RLPR. 

5. Upon reinstatement to the practice of law. respondent shall be placed on 

probation for a period of 2 years, subject to the following conditions: 

(a) Respondent shall cooperate fully with the Director's Office in its 

efTorts to monitor compliance with this probation. Respondent shall 

promptly respond to the Director's correspondence by its due date. 

Respondent shall provide the Director with a current mailing address and 

shall immediately notify the Director of any change of address. Respondent 

shall cooperate with the Director's investigation of any allegations of 

unprofessional conduct that may come to the Director's attention. Upon the 

Director· s request. respondent shall provide authorization for release of 

information and documentation to verify respondent's compliance with the 

terms ofthis probation. 

(b) Respondent shall abide by the Minnesota Rules of Professional 

Conduct. 

(c) Respondent shall be supervised by a licensed Minnesota attorney, 

appointed by the Director. to monitor compliance with the terms of this 

probation. Within 14 days from the date of this order, respondent shall 

provide the Director with the names of four attorneys who have agreed to be 

nominated as respondent's supervisor. If, after diligent effort, respondent is 

unable to locate a supervisor acceptable to the Director. the Director shall 

seek to appoint a supervisor. Until a supervisor has signed a consent to 

supervise. respondent shall. on the first day of each month, provide the 

Director with an inventory of client files as described in paragraph (d) below. 

Respondent shall make active client files available to the Director upon 

request. 

(d) Respondent shall cooperate fully \Vith the supervisor's efforts to 

monitor compliance with this 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 

client files by the first day of each month during the probation. With respect 

to each active tile. the inventory shall disclose 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 such more frequent intervals as the 

Director may reasonably request. 

(e) Respondent shall initiate and maintain ofnce procedures that ensure 

that there are prompt responses to correspondence. telephone calls, and other 

important communications from clients, courts, and other persons interested 

in matters that respondent is handling, and that will ensure that respondent 

regularly revie\vs each and every file and completes legal matters on a timely 

basis. 

(f) Respondent shall initiate or continue current treatment by a licensed 

consulting psychologist or other mental-health professional acceptable to the 

Director and shall complete all therapy programs recommended by the 

therapist. Respondent shall provide the necessary authorizations to allow the 

Director to verify respondent's compliance with treatment. 

Dated: October 10. 2016 

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fi]Jcouft: 

David R. Stras 

Associate Justice