Disciplinary Board v. Howe
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| 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
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Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
Bruce R. Howe, Respondent
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Nature of Action: |
Disciplinary Proceedings (Civil)
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| Counsel: |
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| Term: |
11/2000 Argument: 11/02/2000 10:45am
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| ND cite: |
2001 ND 7
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| NW cite: |
621 N.W.2d 361
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| 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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 Add Docket 20000211 RSS
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| 1 | | 07/26/2000 | |
REPORT OF HEARING BODY (Part of Record-see Entry No. 48) |
| 2 | | 07/26/2000 | |
REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL |
| 3 | | 07/28/2000 | |
RECORD, which includes exhibits 1-33, A-B, Transcript of Deposition of Gregory C. Larson, |
| 4 | | 07/28/2000 | |
dated 3-29-00 & Transcript of Hearing dated 4-5 & 6-00 (2 vols.) |
| 5 | | 07/28/2000 | |
DISK of TRA dated 4-5 & 6-00 (submitted with ROA) |
| 6 | | 08/15/2000 | |
Objection to Report (Disciplinary Counsel) |
| 7 | | 08/15/2000 | |
Objections to Report of Hearing Body (Respondent) |
| 8 | | 09/14/2000 | |
PETITIONER BRIEF |
| 9 | | 09/14/2000 | |
APPELLANT APPENDIX |
| 10 | | 09/14/2000 | |
DISK - PTB |
| 11 | | 09/14/2000 | |
RESPONDENT BRIEF |
| 12 | | 09/14/2000 | |
Addendum to Respondent's Brief |
| 13 | | 09/14/2000 | |
APPELLEE APPENDIX |
| 14 | | 09/15/2000 | |
DISK - RPB |
| 15 | | 11/02/2000 | |
APPEARANCES: Paul W. Jacobson, Disciplinary Counsel; Gary H. Lee, Bruce R. Howe |
| 16 | | 11/02/2000 | |
ARGUED: Jacobson; Lee (Vol. X; page 78) |
| 17 | | 01/30/2001 | |
DISPOSITION: DISCIPLINE IMPOSED |
| 18 | | 01/30/2001 | |
SPLIT OPINION: , Per Curiam |
| 19 | | 01/30/2001 | |
(CONCUR & DISSENT): Maring, Mary Muehlen: CON/DIS |
| 20 | | 01/30/2001 | |
(JOIN CONCUR & DISSENT): VandeWalle, Gerald W.: JN/CON |
| 21 | | 01/30/2001 | |
Howe is suspended from the practice of law for a period of 6 months commencing March 1, 2001, for |
| 22 | | 01/30/2001 | |
violation of Rule 8.4(d), N.D.R. Prof. Conduct by violating N.D.C.C. 27-14-02(7) which provides |
| 23 | | 01/30/2001 | |
that it is ground for discipline for a lawyer to engage in conduct involving dishonesty, fraud, |
| 24 | | 01/30/2001 | |
deceit, or misrepresentation, and violation of Rule 4.1, N.D.R. Prof. Conduct,which provides that |
| 25 | | 01/30/2001 | |
in the course of representing a client a lawyer shall not make a false statement to a third person |
| 26 | | 01/30/2001 | |
of fact or law that a lawyer knows to be false. |
| 27 | | 01/30/2001 | |
Howe is further ordered to pay the costs and expenses of the disciplinary proceedings in the amount |
| 28 | | 01/30/2001 | |
$10,566.65, payable to the Secretary of the Disciplinary Board. |
| 29 | | 01/31/2001 | |
Notice of Order Suspending Attorney |
| 30 | | 02/01/2001 | |
Order/Judgment Mailed to Parties |
| 31 | | 02/08/2001 | |
Affidavit of Publication |
| 32 | | 03/01/2001 | |
Affidavit of Compliance with Rule 6.3, N.D.R.LawyerDiscipl. |
| 33 | | 03/01/2001 | |
Affidavit of Identification |
| 34 | | 03/01/2001 | |
JUDGMENT TRANSCRIBED TO Stark County |
| 35 | | 03/07/2001 | |
Notice of Filing Foreign Judgment in Stark County District Court |
| 36 | | 04/02/2001 | |
Payment of costs in the amount of $10,653.50 ($10,566.65 and $86.85 interest; 25 days @ $3.47/day) |
| 37 | | 04/02/2001 | |
(receipt number 13503) |
| 38 | | 04/04/2001 | |
Acknowledgement of Satisfaction of Judgment |
| 39 | | 11/28/2001 | |
Affidavit in compliance with Rule 4.5(B) |
| 40 | | 05/14/2007 | |
EXPUNGED - Nonpermanent record items destroyed |