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3.
3 ES RAMASAMY
MBA, 2011
TANCET MBA / TANCET MBA (M.Com)
HEORAS AMMA
ES RAMASAMY
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tancet mba es ramasamy pdf download
tancet mba es ramasamy pdf download
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Category:Medical education in India
Category:University of Delhi2d 182 (2006) (citation omitted) (quoting In re Care and Treatment of Hoover, 468 N.W.2d 370, 372 (Minn.App.1991)). "Judicial discretion is abused when discretion is exercised on grounds clearly untenable or to an extent clearly unreasonable." Id. (citation omitted).
1. Notice
Based on the record before us, we conclude that respondent failed to provide a sufficient explanation for the delay in the filing of the motion. Respondent cites the need to secure legal counsel, the difficulties of retaining legal counsel for services related to the issuance of the disciplinary complaint, and the need to draft the disciplinary complaint and prepare for the hearing as reasons for the delay. The general rule, however, is that an attorney has a duty to initiate disciplinary proceedings and notify the attorney's client of the disciplinary matter. See Minn. R. Prof. Conduct 4.1 (providing that "[a] lawyer shall initiate the disciplinary process... when there are *352 reasonable grounds for doing so"); see also In re Callahan, 593 N.W.2d 757, 761 (Minn.1999) (requiring that an attorney seeking disciplinary sanctions be both diligent and responsible in the conduct of the proceedings).
Given the necessity of the retainer agreement, respondent's pursuit of the matter, which involved three separate law firms and over a three-month period, cannot be characterized as minimal. Rather, the record indicates that respondent consulted with an attorney regarding the matter and had an obligation to initiate the disciplinary process. See In re Garrett, 888 N.W.2d at 384 (observing that the attorney in that case made repeated attempts to resolve the problem with the complainant, even securing a restraining order, and that the attorney then filed the motion to dismiss under a mistake of law). Respondent's actions here are more akin to those of the attorney in Garrett than of the attorneys in In re McGarity, 753 N.W.2d 704, 707-08 (Minn.2008).
We also agree with the referee that the delay in filing the motion to dismiss was unreasonable. As the disciplinary complaint
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