November 17, 2016 STATE OF MINNESOTA

IN SUPREME COURT
A16-0671

Inre Petitionfor Reinstatement of Carol Lynn O'Gara, a Minnesota Attorney, Registration No. 0230790

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ORDER 

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The court indefinitely suspended petitionerCarolLynn O'Gara from the practice of
law for a minimum of90 days, effective as ofApril 3, 2008. 

### In re 0 'Gara, 746 N.W.2d 130, 131 (Minn. 2008) (order). Petitioner applied for reinstatement in April 2016, and a hearing was held before a panel ofthe Lawyers Professional Responsibility Board. The panel found that petitionerproved by clear and convincing evidence that she is morally fit

to resume the practice of law. 

### See In re Mose, 843 N.W.2d 570, 574-75 (Minn. 2014) (providing that the burden is on the attorney to establish by clear and convincing evidence
the moral fitness to resume the practice oflaw). The panel recommends that petitionerbe
reinstated tothe practice oflaw and placed on supervised probation for a period of2 years. Petitionerandthe Directorofthe Office ofLawyersProfessional Responsibility agree with
the panel's recommendation.
Basedupon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that petitioner Carol Lynn O'Gara is reinstated to the practice oflaw and placed on probation for a period of2 years, to terminate 2 years afterpetitioner's reinstatement or 2 years after petitioner resumes the private practice of law,
whichever is later, and subject to the following terms and conditions: (a) Petitioner shall cooperate fully with the Director's Office in its effcn1s to monitorcompliancewiththis probation. Petitioner shall promptlyrespond to the Director's correspondence by the due date. Petitioner shall cooperate withthe Director'sinvestigationofany allegations ofunprofessional conduct that may come to the Director's attention. Upon the Director's request, petitioner shall authorize the release of information and documentation to verify compliance with the terms ofthis probation. (b) Petitioner shall abide by the Minnesota Rules of Professional Conduct. (c) Petitioner shall continuehercurrent mental healthtreatmentprogram, under which she is now seen on an as-needed basis, and shall follow all recommendations of her treating professional, which includes taking medications as prescribed. (d) If petitioner engages in the practice of law other than as a solo practitioner, she shall do so subject to supervision, until the end of the probationary period, by a licensed Minnesota attorney, who may be employed by the same entity as petitioner. The attorney shall be appointed by the Director to monitor petitioner's compliance with the terms of this probation. Petitioner shall notify the Director as soon as practicable ofher intentionto engage inthe practice oflaw otherthan as a solo practitioner. At the same time that petitioner notifies the Director ofher intention to engage inthe practice oflaw otherthan as a solopractitioner, petitionershallprovide the Director with the names of two attorneys who have agreed to be nominated as petitioner's supervisor. If, after diligent effort. petitioner is unable to locate a supervisor acceptable to the Director, the Director will locate the supervisor. Petitioner shall cooperate fully with the supervisor in his orher efforts to monitor compliance with this probation. The supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as the Director mayreasonably request. (e) Petitioner shall not engage in solo practice during the probationary period unless petitioner demonstrates to the satisfaction ofthe Director that she cannot find otheremployment as an attorney. Ifpetitionerengages in the practice of law as a solo practitioner at any time during the probationary period, she shall be subject to the following conditions for 2 years or until the end ofthe probationary period, whichever occurs sooner:

2(i) Petitioner shall notify the Director at least 30 days before engaging in the practice oflaw as a solo practitioner. (ii) Petitioner shall be supervised by a licensed Minnesota attorney, appointedbythe Directorto monitorpetitioner's compliance with the terms of this probation. At the same time that petitioner notifiesthe Directorofher intentionto open a solo practice, petitioner shall provide to the Director the names ofat least two attorneys who have agreedtobe nominated as her supervisor. If, afterdiligenteffort, petitioner is unable to locate a supervisor acceptable to the Director, the Director will locate the supervisor. Petitioner shall make active client files available to the Director upon request. (iii) Petitioner shall cooperate fully with the supervisorin his orher efforts to monitor compliance with this probation. Petitioner shall contact the supervisor weekly, either in person or by telephone, and shall schedule a minimum of one in-person meeting per month. Petitioner shall submit to the supervisor an inventory of all active client files at least l week before each in-person meeting. With respectto each active client file, the inventory shall disclosethe client name, type ofrepresentation, date opened, most recent activity, next anticipated action, and anticipatedclosingdate. At least quarterly, the supervisor shall review a random sample of petitioner's open files. The supervisor shall file written reports with the Director at least quarterly, or at such more frequent intervals as may reasonably be requested by the Director. (iv) Petitioner shall initiate and maintain office procedures that ensure (1) that there are prompt responses to correspondence, telephone calls, and other important communications from clients, courts, and otherpersons interested in matters she is handling; and (2) that petitioner regularly revie\vs all files and completes legal matters on a timely basis. (v) At the same time that petitioner notifies the Director of her intention to engage in the solopractice of**law~** petitioner shall provide to the Director a written plan outlining office procedures designed to ensure that petitioner complies with the requirements of this probation. Petitioner shall also provide the Director with an updated business plan, and shall provide the updated business plan and office procedures plan to her supervisor, once appointed. (vi) Petitioner shall maintainlaw office andtrust accountbooks and records in compliancewithMinn. R. Prof. Conduct 1.15. Thesebooks

3and records shall include the following: client subsidiary ledger, checkbook register, monthly trial balances, monthly trust account reconciliation, bank statements, cancelled checks, duplicate deposit slips and bankreports ofinterest earned, service charges, and interest payments to the Lawyers Trust Account Board. Such books and records shall be made available to the Director at such intervals as the Director deems necessaryto determine compliance. (vii) Petitioner shall apply for malpractice insurance with coverage, limits, and an insurance company approved by the Director. Petitioner shall not be required to purchase malpractice insurance if she can demonstrate to the Director that it is unavailable or unduly expensive. Dated: November 17, 2016



### 4 BY THE COURT:

# ()~I.e;/;- David R. Stras Associate Justice