Board of Professional Responsibility, Wyoming State Bar v. Laurence W. Stinson, WSB No. 6-2918 , 394 P.3d 483 ( 2017 )

IN THE SUPREME COURT, STATE OF WYOMING
2017 WY 58
April Term, A.D. 2017
May 17, 2017
BOARD OF PROFESSIONAL
RESPONSIBILITY, WYOMING
STATE BAR,
Petitioner,
D-15-0007
v.
LAURENCE W. STINSON, WSB No.
6-2918,
Respondent.
ORDER REINSTATING ATTORNEY TO THE PRACTICE OF LAW
[¶1] This matter came before the Court upon an “Order Recommending the Grant of
Petition for Reinstatement of Laurence W. Stinson,” filed herein May 3, 2017, by the
Board of Professional Responsibility for the Wyoming State Bar. On February 24, 2016,
this Court suspended Respondent from the practice of law for a period of nine months,
with the suspension beginning on March 7, 2016. Board of Professional Responsibility,
Wyoming State Bar v. Stinson, 2016 WY 25, 370 P.3d 72 (Wyo. 2016). Now, after a
careful review of the Board of Professional Responsibility’s Order Recommending the
Grant of Petition for Reinstatement of Laurence W. Stinson and the file, this Court finds
that the recommendation for reinstatement should be approved, confirmed, and adopted
by the Court and that the Respondent, Laurence W. Stinson, should be reinstated to the
practice of law. It is, therefore,
[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s
Order Recommending the Grant of Petition for Reinstatement of Laurence W. Stinson,
which is attached hereto and incorporated herein, shall be, and the same hereby is,
approved, confirmed, and adopted by this Court; and it is further
[¶3] ADJUDGED AND ORDERED that the Respondent, Laurence W. Stinson, be,
and hereby is, reinstated to the practice of law in Wyoming, effective immediately; and it
is further
[¶4] ORDERED that this Order Reinstating Attorney to the Practice of Law, along
with the incorporated Order Recommending the Grant of Petition for Reinstatement of
Laurence W. Stinson, shall be published in the Wyoming Reporter and the Pacific
Reporter; and it is further
[¶5] ORDERED that the Clerk of this Court shall docket this Order Reinstating
Attorney to the Practice of Law, along with the incorporated Order Recommending the
Grant of Petition for Reinstatement of Laurence W. Stinson, as a matter coming regularly
before this Court as a public record; and it is further
[¶6] ORDERED that the Clerk of this Court transmit a copy of this Order Reinstating
Attorney to the Practice of Law to the members of the Board of Professional
Responsibility and to the clerks of the appropriate courts of the State of Wyoming.
[¶7] DATED this 17th day of May, 2017.
BY THE COURT: *†
/s/
E. JAMES BURKE
Chief Justice
*Justice Davis took no part in the consideration of this matter.
†
Justice Kautz would have denied reinstatement.
BEFORE THE SUPREME COURT
STATE OF WYOMING
D- 15--0007
IN THE SUPREME COURT
In the matter of the petition ) STATE OF WYOMING
FILED
for reinstatement of WSB No. 2014-102
LAURENCE W. STINSON, ) MAY 03 2017
WSB Attorney No. 6-2918 ) P 1CIA BENNUT, CLEpl<
C4A_Alk
CHIEF DEPUTY
ORDER RECOMMENDING THE GRANT OF
PETITION FOR REINSTATEMENT
OF LAURENCE W.STINSON, WSB #6-2918
THIS MATTER having come before the Board of Professional
Responsibility In the matter of the petition for reinstatement of Laurence W.
Stinson, WSB # 6-2918, the hearing having been held April 18, 2017 in
Cheyenne, Wyoming, and the Board being fully apprised in the premises,
hereby makes the following findings:
1. A reinstatement proceeding was initiated by the filing of a Petition
for Reinstatement. The nine month suspension of Laurence W. Stinson started
March 7, 2016. A Petition for Reinstatement was timely served on October
27, 2016 and filed by the Clerk of the Board of Professional Responsibility on
November 3, 2016. During the nine month suspension, Bar dues were kept
current, and CLE remained current. Bar Counsel did not stipulate to
reinstatement based on concerns of a continued internet presence and lack of
rehabilitation.
2. The parties stipulated and agreed that the former Disciplinary
Code of the Wyoming State Bar applies to Respondent's reinstatement
proceedings as the Disciplinary Code was in effect at the time the formal
charge in this matter was filed against Respondent in December, 2014. See,
Board of Professional Responsibility v. Fulton, 370 P.3d 65 (Wyo. 2016);
Reinstatement of Jones, 82 P.3d 1239 (Wyo. 2004).
3. Section 24(g) of the Disciplinary Code provides:
If Bar Counsel does not stipulate to reinstatement or if the
BPR or Court does not approve a stipulation for
reinstatement, a hearing shall be held by the BPR. At the
hearing, the suspended or disbarred attorney shall have the
burden of proving by clear and convincing evidence the
following:
(i) The respondent has been rehabilitated;
(ii) The respondent has substantially complied with all
requirements imposed by the Court;
(iii) The respondent has the character and fitness qualifications
to practice law in this state as outlined in Section IV of the
Wyoming Rules and Procedures Governing Admission to the Practice
of Law;
(iv) The respondent is competent to practice law in this state;
(v) The respondent's resumption of the practice of law shall not
be detrimental to the administration of justice and the public
interest.
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4. Specific Character and Fitness Requirements. Section IV of the
Wyoming Rules and Procedures Governing Admission to the Practice of Law
(the "Admission Rules"), incorporated by reference in Section 24(g) of the
Disciplinary Code, sets forth the character and fitness requirements for
admission to the Wyoming State Bar. Rule 401 provides in relevant part:
Rule 401. Character and Fitness Requirements.
(a) Duties of Applicant. Every applicant must produce
satisfactory evidence of good moral character and an adequate
knowledge of the standards and ideals of the profession and that
such person is otherwise fit to practice law within the State of
Wyoming. The applicant shall have the burden of proving that the
applicant is possessed of good moral character and is fit to
practice law. ***
(b) Purposes of Character and Fitness Screening. The
primary purposes of character and fitness screening before
admission to the Bar are to assure the protection of the public and
safeguard the justice system. The Committee shall not
recommend an applicant be admitted to practice law if the
Committee believes that such applicant would, if admitted to
practice law in Wyoming, be unable or unwilling to act in
accordance with the standards set forth in the Wyoming Rules of
Professional Conduct, and to act fairly, honestly, reasonably and
with unquestionable integrity in all matters in which he or she acts
as an attorney at law.
(1) Good moral character includes but is not limited to a
record of conduct manifesting the qualities of honesty, candor,
trustworthiness, observance of fiduciary responsibilities,
adherence to the law, and a respect for the rights of other
persons and the judicial process.
(2) Fitness to practice law includes but is not limited to a
record of conduct that establishes that the applicant meets the
essential eligibility requirements for the practice of law. The
essential eligibility requirements for the practice of law are:
(A) The ability to exercise good judgment and to conduct
oneself with a high degree of honesty, integrity and
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trustworthiness in financiai dealings, legal obligations,
professional relationships, and in one's professional
business;
(B) The ability to conduct oneself in a manner that
engenders respect for the law and adheres to the Wyoming
Rules of Professional Conduct;
(C) The ability to diligently, reliably, and timely perform
legal tasks and fulfill professional obligations to clients,
attorneys, courts and others;
(D) The ability to competently undertake fundamental
lawyering skills such as legal reasoning and analysis,
recollection of complex factual information and integration
of such information with complex legal theories, problem
solving, and recognition and reso!ution of ethical dilemmas;
and
(E) The ability to communicate comprehensibly with
clients, attorneys, courts, and others.
(c) Factors Considered. The following factors shall be
considered when determining an applicant's good moral character
and fitness to practice law:
(1) Unlawful conduct;
(2) Academic misconduct;
(3) Making or procuring any false or misleading statement
or omission of relevant information, including any false or
misleading statement or omission on the application for
admission to the Bar, or any amendment, or in any testimony
or sworn statement submitted to the Board or the Committee;
(4) Misconduct in employment;
(5) Acts involving dishonesty, fraud, deceit or
misrepresentation;
(6) Abuse of !egal process;
(7) Neglect of financial responsibilities;
(8) Neglect of professional obligations;
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(9) Violation of an order of a court;
(10) Conduct demonstrating an inability to meet one or
more essential eligibility requirements for the practice of law;
(11) Conduct that physically threatens or harms another
person;
(12) Denial of admission to the bar in this or another
jurisdiction on character and fitness grounds;
(13) Disciplinary action by the lawyer disciplinary agency
or other professional disciplinary agency of any jurisdiction;
and
(14) Any other conduct which reflects adversely upon the
good moral character or fitness of the applicant to practice law.
(d) Prior Conduct—Aggravating and Mitigating Factors. In
making the determination on character and fitness of each
applicant, the following factors should be considered in assigning
weight and significance to prior conduct of the applicant:
(1) The applicant's age at the time of the conduct;
(2) The recency of the conduct;
(3) The reliability of the information concerning the
conduct;
(4) The seriousness of the conduct;
(5) The factors or circumstances underlying the conduct;
(6) The cumulative effect of the conduct or information;
(7) The evidence of rehabilitation;
(8) The applicant's positive social contributions since the
conduct;
(9) The applicant's candor in the admissions process;
(10) The materiality of any omissions or
misrepresentations.
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(11) An applicant who affirmatively asserts rehabilitation
from prior conduct must produce evidence of rehabilitation
which may include, but is not limited to, the following:
(A) compliance with the specific conditions of any
disciplinary, judicial, administrative, or other order, where
applicable;
(B) good character and moral standing in the
community;
(C) good reputation for professional ability, where
applicable;
(D) lack of malice and ill feeling toward those who, by
duty, were compelled to bring about the disciplinary,
judicial, administrative, or other proceeding;
(E) personal assurances, supported by corroborating
evidence, of a desire and intention to conduct one's self in
an exemplary fashion in the future;
(F) restitution of funds or property, where applicable;
(G) positive action showing rehabilitation by occupation,
community service or civic service; and
(H) any other evidence which reflects rehabilitation of
the applicant.
5. Petitioner presented evidence that he had not practiced law during
the period of his suspension. While evidence was presented of a continued
internet presence, there was no evidence presented that such presence was
intended or resulted in the practice of law by the Petitioner.
6. Petitioner further presented evidence of development and
acceptance of the wrongful nature of his prior conduct and expressed remorse
and contrition for such conduct. In response, the evidence of prior misconduct
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was presented. The Board was persuaded by the Wyoming Supreme Court's
decision in the matter of the Petition for Reinstatement of Frank J. Jones, 82
P.3d 1239 at 1241:
While the Board is as concerned as Professor Burman about
the nature of that conduct and its implications, Mr. Jones
expressed, to some greater or lesser degree, contrition for
such conduct; and the Board is not persuaded that delaying
a reinstatement of Mr. Jones, awaiting the passage of more
time, will serve any useful purpose.
Further, the Wyoming Supreme Court went onto state:
In attempting to make a determination as to whether the
petitioner in this case has been rehabilitated, the Board was
persuaded that a useful definition of "rehabilitation" is found
in Avila v. The People of the State of Colorado, 53[sic] P.3d
230, 232 (Colo. PDJ 2002) quoted by petitioner in his
Memorandum in Support of Petition for Reinstatement:
Rehabilitation for purposes of attorney reinstatement and
readmission to the bar has been defined as "the
reestablishment of the reputation of a person by his or her
restoration to a useful and constructive place in society."
[citation omitted]
Based upon this definition and the evidence before it,
the Board concludes that Mr. Jones demonstrated his
rehabilitation.
The Board also concludes that it is not required to find or
conclude that there is, or must be demonstrated by
petitioner, an absolute certainty or guarantee that the
petitioner will never again engage in the kind of misconduct
which led to his disbarment. It is impossible for the Board
to reach such a conclusion. Further, such a burden places
the bar too high and would doom every petition for
reinstatement. For these propositions, the Board relies on
The Matter of McKeon, 201 Mont. 515, 656 P.2d 179(1982)
also cited and quoted in petitioner's Memorandum in
Support of Petition for Reinstatement. Rather, the Board
concludes that it must attempt to discern, from the evidence
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presented, whether the petitioner demonstrates current
moral and ethical behavior and fitness to reenter the
practice of law.
Id. at 1242.
Based on the foregoing, it hereby is the recommendation of a majority
of the Board of Professional Responsibility that Petitioner has met his burden
of proof, and that the Petition be granted to allow Mr. Stinson to be reinstated
as an attorney licensed practice law in the state of Wyoming.
DATED this cp3— day of C-2.4a.A_Li , 2017.
Studer, Chair
oard of Professional Responsibility
Wyoming State Bar
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