On Monday, May 13, 2024, the Office of Lawyers Professional Responsibility filed a disciplinary petition against attorney Tricia Dwyer with the Minnesota Supreme Court.
The case is entitled “In the Matter of Tricia Dwyer.”
The petition outlines two counts of alleged misconduct by Dwyer during representations of two separate clients in late 2021. In the first count, Dwyer is accused of improperly limiting the scope of her representation for a client, identified as C.V., in a family law case without obtaining informed consent. She also failed to notify C.V. of court hearings and did not properly notify her client or provide accounting when withdrawing earned fees from her trust account, according to the petition.
Additionally, the petition claims Dwyer attempted to withdraw from representation just before a hearing for an order of protection on short notice and without protecting her client’s interests. When C.V. disputed billing statements and requested the return of unearned fees, Dwyer allegedly failed to properly respond or refund the disputed amounts for months.
In the second count of misconduct, the petition states that after an initial paid consultation for a client referred to as D.R., Dwyer sent a billing statement and asked for an additional retainer fee. It is alleged that D.R. twice contested the fees by email and phone, but the concerns went unaddressed over the following month, Dwyer failed to address the dispute as required.
If found guilty of violating rules of professional conduct, Dwyer could face an array of disciplinary sanctions from the Minnesota Supreme Court. Her prior discipline history from 2019 involving limitations on the scope of representation is also noted in the petition.
The petition states:
“WHEREFORE, the Director respectfully prays for an order of this Court imposing appropriate discipline, awarding costs and disbursements pursuant to the Rules on Lawyers Professional Responsibility, and for such other, further or different relief as may be just and proper.”
According to avvo.com, Ms. Dwyer is a family attorney in Minneapolis, Minnesota. She attended the University of Missouri – Kansas City School of Law, graduating in 1986. She acquired her law license in Minnesota in the same year.
A copy of the original filing can be found here.