Disciplinary Board v. Kellington
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
Theresa L. Kellington, Respondent
|Nature of Action:||Disciplinary Proceedings (Civil)|
|Term:||06/2014  Argument: 06/17/2014|
|ND cite:||2014 ND 168|
852 N.W.2d 395
Listen to recording of oral argument in MP3 format
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:
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).
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).
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.
|Add Docket 20140080 RSS|
|1||03/06/2014 REPORT OF DISCIPLINARY BOARD/HEARING PANEL|
|2||03/07/2014 DISCIPLINARY BOARD SECRETARY SERVED REPORT|
|3||03/07/2014 THIS CASE CONSOLIDATED W/ 20140081. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE.|
|4||03/18/2014 CERTIFICATE OF RECORD (ENTRY NOS.1-13) (transferred from 20110261)|
|5||03/18/2014 Supplemental Certificate of Record (Entry No. 14) (transferred from 20110261)|
|6||03/18/2014 CERTIFICATE OF RECORD (ENTRY NOS.15-32)|
|7||03/18/2014 TRANSCRIPT DATED June 19, 2013 (No. 35 in Record)|
|8||03/26/2014 Respondent's Objections to Hearing Panel's Report|
|9||03/27/2014 Received original Respondent's Objections|
|10||04/28/2014 PETITIONER BRIEF|
|11||04/28/2014 Petitioner's APPENDIX|
|12||04/25/2014 RESPONDENT BRIEF|
|13||04/25/2014 E-FILED BRIEF|
|14||04/25/2014 Respondent's APPENDIX|
|15||04/25/2014 E-FILED APPENDIX|
|16||04/28/2014 Rec'd $25 surcharge RPB (receipt # 22758)|
|17||04/28/2014 Rec' $248.00 for additional Appendix pages (receipt #22758)|
|18||05/01/2014 Corrected Petitioner's Brief (N.W. Reporter citations)|
|19||05/01/2014 DISK - Petitioner's Brief|
|20||05/06/2014 received 7 copies of Respondent's Brief and 6 copies of Respondent's Appendix from CSD|
|21||05/20/2014 NOTICE OF ORAL ARGUMENT SENT|
|22||05/27/2014 LETTER TO L.COLE RETURNED "MOVED, LEFT NO ADDRESS, UNABLE TO FORWARD"|
|23||06/17/2014 APPEARANCES: Brent Edison/Ronald McLean and Theresa Kellington|
|24||06/17/2014 ARGUED: Edison/McLean|
|25||06/17/2014 ORAL ARGUMENT WEBCAST|
|26||08/28/2014 DISPOSITION: DISCIPLINE IMPOSED|
|27||08/28/2014 SPLIT OPINION: Per Curiam,|
|28||08/28/2014 CONCURRING IN PART AND DISSENTING IN PART: Crothers, Daniel John: CON/DIS|
|29||08/28/2014 30 day suspension commencing October 1, 2014|
|30||08/28/2014 Costs assessed in the amount of $4,965.95|
|31||08/29/2014 Judgment Sent to Parties|
|32||09/09/2014 Mail to Complainant Returned, No Forwarding Add. Sent to email provided by DC|
|34||09/09/2014 Notice of discipline sent to SBAND, Bismarck Tribune|
|35||09/30/2014 Affidavit of Publication - Bismarck Tribune|
|36||10/10/2014 Affidavit of Theresa L. Kellington (N.D.R. Lawyer Discipl. 6.3)|
|37||10/30/2014 Costs paid in the amount of $4,965.95, Rec. No. 8212|
|38||11/12/2014 Affidavit of Theresa L. Kellington (N.D.R. Lawyer Discipl. 4.5(B))|
|39||11/13/2014 ORDER OF REINSTATEMENT - EFFECTIVE 10/31/14|
|40||11/14/2014 SATISFACTION OF JUDGMENT|
|41||12/02/2014 Amended Order of Reinstatement|