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Minnesota Lawyers Board Too Lenient?
KSTP-5 News Minneapolis, MN - October 10, 2004

When you hire a lawyer, you expect he or she will do the job you pay them for. But what happens if the lawyer messes up or commits a crime?

You can file a complaint, but in Minnesota, it's very likely that complaint will go nowhere. 5 EYEWITNESS NEWS found only about one-in-ten complaints result in public discipline.

A national legal reform group called HALT says Minnesota is still one of the more lenient states when it comes to lawyer discipline. It gives Minnesota a grade of "B-" for quick response to complaints. But when it comes to adequacy of discipline it gives MN a "D," and questions whether a convicted sex offender should keep his license to practice law.

Paul Friederichs said he found stacks of discs containing child pornography in his former law partner's desk.

"I've never seen anything sicker," Friederichs said. "Down here is the drawer where he had the discs and the condoms."

He said he had just fired William C. Flynn for sending perverted e-mail jokes to their receptionist. When he found the child porn, he said he called police.

Based on a plea, Flynn was convicted of possession of child porn, sentenced to 45 days in jail, and forced to register as a sex offender. However, he did not lose his license to practice law.

"The lawyer's board suspended him for five years," Friederichs said. "I think they should have disbarred him."

5 EYEWITNESS NEWS asked the Office of Lawyer's Professional Responsibility why it did not disbar Flynn. Director Ken Jorgensen said the office uses "prior decisions... as a guide."

Jorgensen pointed to one attorney who was disbarred because he "solicited minors" to create porn. Jorgensen said he considered that conduct "more egregious than Flynn's" possession of child porn.

"Sadly, every time someone downloads or views child pornography it's like you're re-victimizing that child," said Alison Feigh of the Jacob Wetterling Foundation, an organization that works to protect children against sexual exploitation.

"A lawyer is a position that is asked to uphold the highest standards of justice. And it sounds from what I've heard of the case, these kids were not given justice."

HALT issued its attorney discipline report cards in 2002. While other states have since made reforms, HALT attorney Suzanne Mishkin said the Flynn case shows Minnesota continues to be lenient.

"Unfortunately most of the sanctions that are rendered are not harsh enough, Mishkin said. "When a lawyer like William Flynn violates his ethical duties that's unconscionable. That's something the Minnesota board needs to weed out."

The lawyer's board disagrees with the assessments by HALT, saying Flynn's punishment was not too lenient and calling Flynn's discipline appropriate.

Flynn's attorney, William Wernz, said he feels the discipline was too harsh. Flynn himself did not wish to comment.