On Thursday, February 20, 2025, the Director of the Minnesota Office of Lawyers Professional Responsibility filed a petition for disciplinary action against Attorney William A. Cumming. Cumming, who practices employee benefits law in Minneapolis, is accused of engaging in unprofessional conduct that warrants public discipline.
The case is entitled “In the Matter of William A. Cumming.”
According to the petition, Cumming extended an employment offer to an attorney identified as J.R. on April 26, 2017. The offer included details about the firm’s retirement plan, suggesting that J.R. would be eligible to participate in a 401(k) plan after one year of employment. However, it has been alleged that Cumming was aware that his firm did not actually have an active retirement plan or 401(k) in place at that time. A draft of such a plan existed but had never been implemented.
Despite this knowledge, Cumming’s offer letter misrepresented the availability of retirement benefits. After J.R. became eligible to participate in the retirement plan on July 1, 2018, he sought information regarding the firm’s 401(k) plan on multiple occasions. Cumming responded to J.R.’s inquiries by stating that he would provide the necessary documents, despite knowing that no such plan existed at the firm.
Subsequent emails from J.R. requesting information about the retirement plan went unanswered. Cumming’s failure to respond to J.R.’s repeated requests, which continued until May 2023, led to allegations that he knowingly misled J.R. about the existence of the retirement plan.
The petition cites violations of Rule 8.4(c) of the Minnesota Rules of Professional Conduct, which prohibits attorneys from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
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, Mr. Cumming is a business attorney in Minneapolis, Minnesota. He acquired his law license in Minnesota in 1986.
A copy of the original filing can be found here.
