Lake City attorney gets reprimand from state court
Court charges indicate Daniel Trost used a trust account for a personal account.
ST. PAUL — In an order signed by Minnesota Supreme Court Associate Justice Natalie E. Hudson, the Director of the Office of Lawyers Professional Responsibility, has filed a petition for disciplinary action against Daniel R. Trost, a Lake City attorney.
The order, signed and filed Nov. 23, claims that Trost committed professional misconduct warranting public discipline. Trost, according to the filing, failed to maintain trust account books and records, used a trust account as a personal account, and failed to cooperate with a disciplinary investigation.
According to court records, on June 9, 2020, Trost's Alliance Bank trust account became overdrawn in the amount of $2,500, and Hudson received notice. She then asked for an explanation and records of the account. Eventually, one bank statement was sent to her, but other documents were not provided.
According to court documents, both Trost and the Office of Lawyers Professional Responsibility were invited to submit memoranda on the case regarding discipline to be imposed, but only the director of the Office of Lawyers Professional Responsibility did so.
Eventually, Trost sent a letter to the director stating he had not used clients' funds in the account, but had deposited earned fees and expenses.
"Please be advised that I have retired; I no longer practice law; I have no office address; I have no client matters pending; I do not hold myself out as an attorney nor do I offer legal advice," Trost wrote, according to court documents. "You can suspend me, disbar me or let me resign. It does not matter to me because, after 40 years of practice, I am done."
The order states that Trost is indefinitely suspended from the practice of law effective Dec. 7, and that he cannot petition for reinstatement for six months. After six months, Trost can petition for reinstatement conditioned upon successful completion of the written examination required by the State Board of Law Examiners on the subject of professional responsibility and satisfaction of continuing legal education requirements.