BRAINERD — The city attorney representing four Northern Minnesota cities is suspended from practicing law for at least four months after a Minnesota Supreme Court order.
J. Brad Person of Breen & Person law firm in Brainerd faced the discipline. He also serves as city attorney for Baxter, Crosslake, and Jenkins in Crow Wing County and Hill City in Aitkin County.
According to the Sept. 28 order, Person committed professional misconduct warranting public discipline. Specifically in one case, the complaint alleged Person assisted a client in conduct he knew was fraudulent and made false and misleading statements.
The conduct stemmed from Person's representation of one of two trustees entitled to a family trust. As part of his services to the client, he helped her transfer ownership of a home left to the trust without the knowledge or consent of the other trustee, who is the client's daughter.
Person admitted to the allegations, and along with the Lawyers Professional Responsibility Board sought a lighter suspension. They said his actions were intended to protect a vulnerable client rather than motivated by personal gain.
The supreme court did not find this argument persuasive enough, however, and issued the 4-month suspension. Person will be also be on probation for a period of two years.
Person told the Brainerd Dispatch he was disappointed in the ruling and characterized what he did as the moral choice. But he said the court correctly points out sometimes the moral thing isn't the legal thing.
