IN RE: Petition for DISCIPLINARY ACTION AGAINST William A. CUMMING (2026)

ORDER

The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent William A. Cumming has committed professional misconduct warranting public discipline—namely, falsely stating in an offer letter to an employee that he would be eligible to participate in a retirement plan, when respondent knew that was not true, and later continuing to mislead the employee into believing that there was such a retirement plan when there was not. See Minn. R. Prof. Conduct 8.4(c).

We referred the matter to a referee, and after conducting an evidentiary hearing, the referee made findings of fact, conclusions, and a recommendation for discipline. The referee found that respondent committed the alleged misconduct and that there was one aggravating factor. The referee recommended a 30-day suspension.

Respondent and the Director have entered into a stipulation for discipline. In it, they stipulate that the referee's findings of fact and conclusions are conclusive and waive their rights to briefing and oral argument before us pursuant to Rule 14(g), Rules on Lawyers Professional Responsibility (RLPR). The parties jointly recommend that the appropriate discipline is a 30-day suspension.

We have independently reviewed the file and approve the jointly recommended disposition.

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

IT IS HEREBY ORDERED THAT:

1. Respondent William A. Cumming is suspended from the practice of law for a minimum of 30 days, effective 14 days from the date of this order.

2. Respondent must comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and must pay $900 in costs pursuant to Rule 24(a), RLPR.

3. Respondent will be eligible for reinstatement to the practice of law following the expiration of the suspension period provided that, not less than 15 days before the end of the suspension period, respondent files with the Clerk of the Appellate Courts and serves upon the Director an affidavit establishing that he is current in continuing legal education requirements, has complied with Rules 24 and 26, RLPR, and has complied with any other conditions for reinstatement imposed by the court.¹

4. Within one year of the date of this order, respondent must file with the Clerk of the Appellate Courts and serve upon the Director proof of successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility. See Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination). Failure to timely file the required documentation will result in automatic suspension, as provided in Rule 18(e)(3), RLPR.

FOOTNOTES

1.   We note that the recent amendments to the Rules on Lawyers Professional Responsibility that will become effective November 1, 2026 do not apply to this case. See Order Promulgating Amendments to the Minnesota Rules on Lawyers Professional Responsibility, No. ADM10-8043, Order at 74–76 (Minn. filed Sept. 30, 2026). The current Rules on Lawyers Professional Responsibility apply to this case.

Gordon L. Moore, III, Associate Justice