November 25, 2015 STATE OF MINNESOTA

IN SUPREME COURT A15-1316
In rePetition for DisciplinaryAction against John NwabuwaneAkwuba, aMinnesotaAttorney, Registration No. 0280446.
ORDER 

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OAU: ·OF API'B.lA1ECCDtTa

On November 13, 2015, the court issued an order disciplining respondent John Nwabuwane Akwuba. On November 16, 2015, respondent filed a letter requesting that the court clarify and, if appropriate, amend its November 13 order to conform to the parties' stipulation for discipline. Specifically, Respondent's letter requests that two changes be made to the conditions ofprobation in paragraph 6 oftheNovember 13 order. Respondent further indicatesthatthe Directordoes not objectto those changes. First, respondent requests that paragraphs 6(c) and 6(d) be amended to specifythat
an attorney with the Director's office, rather than an attorney nominated by respondent, supervise respondent's probation. The requested amendment is reasonable and will be granted. Second, respondent requests thatthe order be amended to specify that the Director has the authority to unilaterallyterminatehis probation. An attorney's public probation is imposed pursuant to the court's authority as the sole arbiter ofthe appropriate discipline.Accordingly, although the Director may request that respondent's public probation be terminated early, the courtmakes the final decision on the request. Basedupon all the files, records, and proceedings herein, ITIS HEREBYORDEREDTHAT: 1. Respondent John Nwabuwane Akwuba is suspended from the practice of law for aminimum of60 days, effective November27, 2015. 2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspensionto clients, opposing counsel, andtribunals). 3. Respondent shall pay $900 in costs pursuantto Rule 24, RLPR. 4. Respondent shall be eligible for reinstatement to the practice of law following the expiration ofthe suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk ofAppellate 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 compliedwith any otherconditions for reinstatement imposedby the court. 5. Within 1 year ofthe date ofthe filing ofthis order, respondent shall file with the Clerk of Appellate Courts and serve upon the Director proof of successful completion ofthe professionalresponsibilityportion ofthe state barexamination. Failure to timely file the required documentation shall result in automatic re-suspension, as providedin Rule 18(e)(3), RLPR. 6. Upon reinstatement to the practice of law, respondent shall be subject to probation for 2 years, subjectto the following conditions:
2(a) Respondent shall cooperate fully with the Director's Office in its efforts 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 withthe terms ofthisprobation; (b) Respondent shall abide by the Minnesota Rules of Professional Conduct; (c) Respondent shall be supervised by an attorney with the Director's Officeto monitorrespondent's compliance with the terms ofthis probation; (d) Respondent shall maintain law office and trust account books and records in compliance with Minn. R. Prof. Conduct 1.15 and Appendix 1. These books and records include the following: client subsidiary ledger, checkbook register, monthly trial balances, monthly trust account reconciliation, bank statements, canceled checks, duplicate deposit slips and bank reports ofinterest, service charges, and interest payments to the Minnesota IOLTA Program. Such books and records shall be made available to the Director within 30 days from the date ofthe filing ofthis order and thereafter shall be made available to the Director at such intervals as he deems necessary to determine compliance; and (e) If after 1 year the Director, in his sole discretion, determines that probation is no longer necessaryto ensure thatrespondent is compliantwith his obligations under Minn. R. Prof. Conduct 1.15 and Appendix 1, the Director may requestthat probation be terminated by filing a stipulation for termination ofprobation.

37. To the extent ofany inconsistency with the court's order ofNovember 13, 2015, the terms ofthis order shall control.
Dated: November25, 2015

4 BYTHE COURT:

David R. Stras Associate Justice