Disciplinary Board v. Kellington

20140080 In the Matter of the Application for
Disciplinary Action Against Theresa L.
Kellington, a Member of the Bar of the
State of North Dakota
------------------------
Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
Theresa L. Kellington, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Brent J. Edison
Respondent: Ronald H. McLean
Respondent: Ian McLean
Term: 06/2014   Argument: 06/17/2014
ND cite: 2014 ND 168
NW cite: 852 N.W.2d 395

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the fundamental fairness of the proceeding was destroyed because the hearing panel's report was not submitted within sixty days of the close of the hearing record.
2. Whether clear and convincing evidence established that Theresa L. Kellington ("Kellington") charged an unreasonable fee, in violation of Rule 1.5(a), N.D.R. Prof. Conduct.
3. Whether clear and convincing evidence established that Kellington failed to adequately supervise non-lawyer assistants, in violation of Rule 5.3, N.D.R. Prof. Conduct.
4. Whether it was appropriate for the Hearing Panel to refuse to allow a family law lawyer to provide expert testimony concerning the fees generated by high-conflict clients.
5. Whether Kellington's disciplinary history and probationary status warrant a 60-day suspension.

Appellee's Statement of the Issues:
[1]Whether the hearing panel erred in determining disciplinary counsel established by clear and convincing evidence that Theresa Kellington violated N.D. R. Prof. Conduct 1.5(a).
[2]Whether the hearing panel erred in determining disciplinary counsel established by clear and convincing evidence that Theresa Kellington violated N.D. R. Prof. Conduct 5.3(a), (b), and (c).
[3]Whether the hearing panel erred in recommending Theresa Kellington be suspended from the practice of law for a period of 60 days and that she pay the costs of the disciplinary proceeding in the amount of $4,965.05.

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Docket entries:
103/06/2014 REPORT OF DISCIPLINARY BOARD/HEARING PANEL
203/07/2014 DISCIPLINARY BOARD SECRETARY SERVED REPORT
303/07/2014 THIS CASE CONSOLIDATED W/ 20140081. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE.
403/18/2014 CERTIFICATE OF RECORD (ENTRY NOS.1-13) (transferred from 20110261)
503/18/2014 Supplemental Certificate of Record (Entry No. 14) (transferred from 20110261)
603/18/2014 CERTIFICATE OF RECORD (ENTRY NOS.15-32)
703/18/2014 TRANSCRIPT DATED June 19, 2013 (No. 35 in Record)
803/26/2014 Respondent's Objections to Hearing Panel's Report
903/27/2014 Received original Respondent's Objections
1004/28/2014 PETITIONER BRIEF
1104/28/2014 Petitioner's APPENDIX
1204/25/2014 RESPONDENT BRIEF
1304/25/2014 E-FILED BRIEF
1404/25/2014 Respondent's APPENDIX
1504/25/2014 E-FILED APPENDIX
1604/28/2014 Rec'd $25 surcharge RPB (receipt # 22758)
1704/28/2014 Rec' $248.00 for additional Appendix pages (receipt #22758)
1805/01/2014 Corrected Petitioner's Brief (N.W. Reporter citations)
1905/01/2014 DISK - Petitioner's Brief
2005/06/2014 received 7 copies of Respondent's Brief and 6 copies of Respondent's Appendix from CSD
2105/20/2014 NOTICE OF ORAL ARGUMENT SENT
2205/27/2014 LETTER TO L.COLE RETURNED "MOVED, LEFT NO ADDRESS, UNABLE TO FORWARD"
2306/17/2014 APPEARANCES: Brent Edison/Ronald McLean and Theresa Kellington
2406/17/2014 ARGUED: Edison/McLean
2506/17/2014 ORAL ARGUMENT WEBCAST
2608/28/2014 DISPOSITION: DISCIPLINE IMPOSED
2708/28/2014 SPLIT OPINION: Per Curiam,
2808/28/2014 CONCURRING IN PART AND DISSENTING IN PART: Crothers, Daniel John: CON/DIS
2908/28/2014 30 day suspension commencing October 1, 2014
3008/28/2014 Costs assessed in the amount of $4,965.95
3108/29/2014 Judgment Sent to Parties
3209/09/2014 Mail to Complainant Returned, No Forwarding Add. Sent to email provided by DC
3309/09/2014 Summary
3409/09/2014 Notice of discipline sent to SBAND, Bismarck Tribune
3509/30/2014 Affidavit of Publication - Bismarck Tribune
3610/10/2014 Affidavit of Theresa L. Kellington (N.D.R. Lawyer Discipl. 6.3)
3710/30/2014 Costs paid in the amount of $4,965.95, Rec. No. 8212
3811/12/2014 Affidavit of Theresa L. Kellington (N.D.R. Lawyer Discipl. 4.5(B))
3911/13/2014 ORDER OF REINSTATEMENT - EFFECTIVE 10/31/14
4011/14/2014 SATISFACTION OF JUDGMENT
4112/02/2014 Amended Order of Reinstatement

Generated from Supreme Court Docket on 10/18/2017