In Re Petition for DISCIPLINARY ACTION AGAINST Duane A. KENNEDY, a Minnesota Attorney, Registration No. 55128

OFFICE OF
APPELLATE COURTS

JUL 2 3 2015
STATE OF MINNESOTA

IN SUPREME COURT
FILED
A14-0570

In re Petition for Disciplinary Action against
Duane A. Kennedy, a Minnesota Attorney,
Registration No. 55128.

ORDER

By opinion filed on June 10, 2015, we suspended respondent Duane A. Kennedy

from the practice of law for a minimum of 30 days, effective 14 days from the date of the

filing of the order. Respondent has filed an affidavit seeking reinstatement in which he

states that he has fully complied with the terms of the suspension order, except for

successful completion of the professional responsibility portion of the state bar

examination. The Director of the Office of Lawyers Professional Responsibility does not

oppose the request.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that:

1. Respondent Duane A. Kennedy is conditionally reinstated to the practice of

law in the State of Minnesota, effective July 25, 2015, subject to his successful

completion of the professional responsibility portion of the state bar examination, and is

placed on disciplinary probation for 2 years subject to the following terms and

conditions:

1
 (a) Respondent shall cooperate fully with the Director's Office in its
efforts to monitor compliance with his 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 with the terms of this probation;

(b) Respondent shall abide by the Minnesota Rules of Professional
Conduct;

(c) Respondent shall be supervised by a licensed Minnesota attorney,
appointed by the Director, to monitor compliance with the terms of this
probation. Within 2 weeks from the date of the filing of this order,
respondent shall provide the Director with the names of four attorneys who
have agreed to be nominated as respondent's supervisor. If, after diligent
effort, respondent is unable to locate a supervisor acceptable to the
Director, the Director shall seek to appoint a supervisor. Until a supervisor
has signed a consent to supervise, respondent shall on the first day of each
month provide the Director with an inventory of client files as described in
paragraph (d) below. Respondent shall make active client files available to
the Director upon request; and

(d) Respondent shall cooperate fully with the supervisor's efforts to
monitor compliance with this probation. Respondent shall contact the
supervisor and schedule a minimum of one in-person meeting per calendar
quarter. Respondent shall submit to the supervisor an inventory of all
active client files by the first day of each month during the probation. With
respect to each active file, the inventory shall disclose the client name, type
of representation, date opened, most recent activity, next anticipated action,
and anticipated closing date. Respondent's supervisor shall file written
reports with the Director at least quarterly, or at such more frequent
intervals as the Director may reasonably request; and

2. By June 10, 2016, respondent shall comply with Rule 18(e)(3), Rules on

Lawyers Professional Responsibility (RLPR), by filing with the Clerk of Appellate

Courts and serving upon the Director proof of respondent's successful completion of the

2
professional responsibility portion of the state bar examination. Failure to do so shall

result in automatic re-suspension pending proof of successful completion of the

examination, pursuant to Rule 18(e)(3), RLPR.

Dated: July 23, 2015

BY THE COURT:

ell('‘.. ,Liele-
l 1
Alan C. Page
Associate Justice

3