Disciplinary Board v. Howe

20000211 IN THE MATTER OF THE APPLICATION FOR
DISCIPLINARY ACTION AGAINST BRUCE R.
HOWE, 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.
Bruce R. Howe, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Paul W. Jacobson
Respondent: Olson & Burns P.C.
Term: 11/2000   Argument: 11/02/2000  10:45am
ND cite: 2001 ND 7
NW cite: 621 N.W.2d 361


Issues: Appellant's Statement of the Issues:
Objections of Howe to Hearing Panel Recommendation
1. To the refusal of hearing panel to require expert opinion evidence to establish a standard of care and to establish Howe violated any Standard
2. To the finding that Howe had complete annuity policy information on either September 29 or October 6, 1995
3. To the hearing panel's determination that Howe did not deal with the nieces in a truthful and candid manner and that he engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, in Finding No. 18
4. To the determination that the three nieces were consistent and credible in their testimony and that he acted with the intent to deceive or defraud with regard to their making disclaimers and they would be responsible for administrative fees, in Finding No. 21
5. To the finding that he violated Rule 8.4(d), North Dakota Rules of Professional Conduct and Rule 4.1, North Dakota Rules of Professional Conduct, in Finding No. 24
6. To the determination that Howe be subject to discipline, specifically suspension for 30 days and payment of costs
7. To costs incurred by Disciplinary Counsel to the extent they are excessive and the majority of costs relate to groundless unsustainable claims
8. To any objection by Disciplinary Counsel as the determination to impose a thirty day suspension and imposition of costs is not arbitrary, unreasonable or capricious

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Docket entries:
107/26/2000 REPORT OF HEARING BODY (Part of Record-see Entry No. 48)
207/26/2000 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
307/28/2000 RECORD, which includes exhibits 1-33, A-B, Transcript of Deposition of Gregory C. Larson,
407/28/2000 dated 3-29-00 & Transcript of Hearing dated 4-5 & 6-00 (2 vols.)
507/28/2000 DISK of TRA dated 4-5 & 6-00 (submitted with ROA)
608/15/2000 Objection to Report (Disciplinary Counsel)
708/15/2000 Objections to Report of Hearing Body (Respondent)
809/14/2000 PETITIONER BRIEF
909/14/2000 APPELLANT APPENDIX
1009/14/2000 DISK - PTB
1109/14/2000 RESPONDENT BRIEF
1209/14/2000 Addendum to Respondent's Brief
1309/14/2000 APPELLEE APPENDIX
1409/15/2000 DISK - RPB
1511/02/2000 APPEARANCES: Paul W. Jacobson, Disciplinary Counsel; Gary H. Lee, Bruce R. Howe
1611/02/2000 ARGUED: Jacobson; Lee (Vol. X; page 78)
1701/30/2001 DISPOSITION: DISCIPLINE IMPOSED
1801/30/2001 SPLIT OPINION: , Per Curiam
1901/30/2001 (CONCUR & DISSENT): Maring, Mary Muehlen: CON/DIS
2001/30/2001 (JOIN CONCUR & DISSENT): VandeWalle, Gerald W.: JN/CON
2101/30/2001 Howe is suspended from the practice of law for a period of 6 months commencing March 1, 2001, for
2201/30/2001 violation of Rule 8.4(d), N.D.R. Prof. Conduct by violating N.D.C.C.  27-14-02(7) which provides
2301/30/2001 that it is ground for discipline for a lawyer to engage in conduct involving dishonesty, fraud,
2401/30/2001 deceit, or misrepresentation, and violation of Rule 4.1, N.D.R. Prof. Conduct,which provides that
2501/30/2001 in the course of representing a client a lawyer shall not make a false statement to a third person
2601/30/2001 of fact or law that a lawyer knows to be false.
2701/30/2001 Howe is further ordered to pay the costs and expenses of the disciplinary proceedings in the amount
2801/30/2001 $10,566.65, payable to the Secretary of the Disciplinary Board.
2901/31/2001 Notice of Order Suspending Attorney
3002/01/2001 Order/Judgment Mailed to Parties
3102/08/2001 Affidavit of Publication
3203/01/2001 Affidavit of Compliance with Rule 6.3, N.D.R.LawyerDiscipl.
3303/01/2001 Affidavit of Identification
3403/01/2001 JUDGMENT TRANSCRIBED TO Stark County
3503/07/2001 Notice of Filing Foreign Judgment in Stark County District Court
3604/02/2001 Payment of costs in the amount of $10,653.50 ($10,566.65 and $86.85 interest; 25 days @ $3.47/day)
3704/02/2001 (receipt number 13503)
3804/04/2001 Acknowledgement of Satisfaction of Judgment
3911/28/2001 Affidavit in compliance with Rule 4.5(B)
4005/14/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/25/2014