STATE OF MINNESOTA November 17, 2016

IN SUPREME COURT 

A16-0671 

In re Petition for Reinstatement of 

Carol Lynn O'Gara, a Minnesota Attorney, 

Registration No. 0230790. 

ORDER 

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The court indefinitely suspended petitioner Carol Lynn O'Gara from the practice of 

law for a minimum of 90 days, effective as of April 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 of the Lawyers Professional Responsibility Board. The 

panel found that petitioner proved 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 of law). The panel recommends that petitioner be 

reinstated to the practice of law and placed on supervised probation for a period of 2 years. 

Petitioner and the Director of the Office of Lawyers Professional Responsibility agree with 

the panel's recommendation. 

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

IT IS HEREBY ORDERED that petitioner Carol Lynn O'Gara is reinstated to the 

practice of law and placed on probation for a period of 2 years, to terminate 2 years after 
petitioner'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 monitor compliance with this probation. Petitioner shall promptly respond 

to the Director's correspondence by the due date. Petitioner 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, 

petitioner shall authorize the release of information and documentation to 

verify compliance with the terms of this probation. 

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

Conduct. 

(c) Petitioner shall continue her current mental health treatment program, 

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 of her 

intention to engage in the practice of law other than as a solo practitioner. At 

the same time that petitioner notifies the Director of her intention to engage 

in the practice of law other than as a solo practitioner, petitioner shall provide 

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 or her 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 may reasonably request. 

(e) Petitioner shall not engage in solo practice during the probationary 

period unless petitioner demonstrates to the satisfaction of the Director that 

she cannot find other employment as an attorney. If petitioner engages 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 of the probationary period, whichever occurs sooner: 

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(i) Petitioner shall notify the Director at least 30 days before 

engaging in the practice of law as a solo practitioner. 

(ii) Petitioner shall be supervised by a licensed Minnesota 

attorney, appointed by the Director to monitor petitioner's compliance 

with the terms of this probation. At the same time that petitioner 

notifies the Director of her intention to open a solo practice, petitioner 

shall provide to the Director the names of at least two attorneys who 

have agreed to be nominated as her supervisor. If, after diligent effort, 

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 supervisor in his or her 

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 

respect to each active client file, the inventory shall disclose the client 

name, type of representation, date opened, most recent activity, next 

anticipated action, and anticipated closing date. 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 other persons 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 solo practice 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 maintain law office and trust account books and 

records in compliance with Minn. R. Prof. Conduct 1.15. These books 

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and 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 bank reports of interest 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 necessary to 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 

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BY THE COURT: 

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

Associate Justice