On Thursday, February 16, 2023, the State of Minnesota Supreme Court suspended attorney Timothy P Hill. The case is entitled “In the matter of Timothy P. Hill,” and was brought by the Director of the Office of Lawyers Professional Responsibility with case no. A22-1311.
The charges cited Minessota Rules of Professional Conduct 1.5(b)(3), 1.15(a), 1.15(c)(4), 1.15(c)(5), 1.16(d), 8.4(c) which state:
Misappropriating client funds in three matters.
Failing to safeguard client funds in three matters.
Failing to promptly refund unearned advance legal fees in one matter.
The Rules of Professional Conduct can be found here.
On a petition for disciplinary charges dated September 21, 2022, the respondent allegedly misappropriated the client’s funds while acting as the client’s attorney in a bankruptcy matter.
The filing states:
“On approximately October 15, 2019, R.N. and L.N. paid respondent a $1,835 flat fee, of which $1,500 was designated as advance legal fees and $335 as an advance filing fee. Respondent deposited the full $1,835 into his operating account on October 16, 2019. R.N. and L.N. terminated the representation on December 19, 2019, and requested a full refund of the funds paid. That same day, respondent refunded to R.N. and L.N. their unused $335 filing fee but made no refund of any portion of the $1,500 advance legal fees although he acknowledged the full flat fee was not earned at the termination of representation.”
The filing continues:
“After R.N. and L.N. filed a complaint with the Director’s Office, on April 2, 2020, the respondent offered R.N. and L.N. a refund of $750. R.N. and L.N. did not respond to the respondent’s April 2, 2020, offer. Respondent thereafter made no further attempt to return undisputedly unearned fees until May 13, 2021, when he refunded $750 to them, 18 months after R.N. and L.N.’s request for a refund and the termination of representation”
The filing further states:
“On approximately December 1, 2020, J.D. provided the respondent with a $75 filing fee advance. Respondent deposited the $75 payment from J.D. into his operating account, despite not having paid the filing fee on J.D.’s behalf. Respondent did not pay the $75 filing fee for J.D. until December 10, 2020.”
The director requested to the court that the respondent be found in violation of the Rules of Professional Conduct. In pursuant to the allegations, the parties have also entered into a stipulation for discipline. And based on the documentary evidence, factual allegations, and proceedings, the court granted the petition and suspended the respondent.
The Disposition states:
“Respondent Timothy P. Hill is indefinitely suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 12 months”
Mr. Hill attended the University of North Dakota School of Law. He practices in Fargo, North Dakota. He is licensed in North Dakota and in Minnesota, with license no. 0188451.
A copy of the original filing can be found here.
