Disciplinary Board v. Crary

20010200 In the Matter of the Application for Disciplinary Action
Against Paul T. Crary, a Person Admitted to the Bar
of the State of North Dakota
----------------------------
Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
Paul T. Crary, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Respondent: Pro se
Petitioner: Loralyn Kay Hegland
Term: 11/2001   Argument: 11/21/2001  2:45pm
ND cite: 2002 ND 9
NW cite: 638 N.W.2d 23

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether there is clear and convincing evidence that Attorney Crary violated Rule 1.8(a), NDRPC, which pertains to commercial transactions with clients.
II. Whether there is clear and convincing evidence that Attorney Crary violated Rule 1.8(b), NDRPC, which pertains to a lawyer's use of information relating to the representation of a client to the disadvantage of the client for the purpose of furthering the lawyer's interests.
III. Whether there is clear and convincing evidence that Attorney Crary violated Rule 1.8(c), NDRPC, which prohibits a lawyer's preparation of an instrument that gives the lawyer's spouse a substantial testamentary gift from a client.
IV. Whether Attorney Crary should be disbarred; whether he should be ordered to pay restitution to Mary Harris, and whether he should be ordered to pay the costs of the disciplinary proceeding.

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Docket entries:
108/10/2001 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL (part of record)
208/30/2001 RECORD ON APPEAL
308/30/2001 EXCEPTIONS TO FINDINGS (letter dated August 28, 2001 from Paul Crary)
409/12/2001 MOT. EXT/TIME PETITIONER BRIEF (sua sponte)
509/12/2001 ACTION BY SUPREME COURT (MPT/sua sponte). Granted: 10/15/2001
609/12/2001 MOT. EXT/TIME RESPONDENT BRIEF (sua sponte)
709/12/2001 ACTION BY SUPREME COURT (MRP/sua sponte). Granted: 10/15/2001
809/26/2001 TRANSCRIPT DATED May 8, 2001
909/20/2001 DISK - TRA of May 8, 2001
1010/12/2001 PETITIONER BRIEF
1110/12/2001 PETITIONER APPENDIX
1210/12/2001 DISK - PTB
1310/15/2001 Letter from Paul T. Crary
1411/05/2001 Request for Radio/TV Coverage (Associated Press) (e-mail from Dale Wetzel) (Approved)
1511/08/2001 MOTION TO FILE BRIEF AND APPEAR AT ORAL ARGUMENT BY RESPONDENT
1611/14/2001 ACTION BY SUPREME COURT (MOT/to file brief and appear at oral argument). Denied
1711/20/2001 Faxed letter dated 11-20-01 from Paul T. Crary
1811/21/2001 APPEARANCES: Loralyn K. Hegland
1911/21/2001 ARGUED: Hegland (Vol. X; Page 178)
2011/21/2001 ORAL ARGUMENT WEBCAST
2101/15/2002 DISPOSITION: DISCIPLINE IMPOSED
2201/15/2002 UNANIMOUS OPINION: Per Curiam
2301/15/2002 Mr. Crary is disbarred for violation of N.D.R. Prof. Conduct 1.8(a), 1.8(b), 1.8(c).
2401/15/2002 Mr. Crary is to pay restitution to Mary Harris in an amount to be determined by the Disciplinary Bd
2501/15/2002 Mr. Crary is to pay the costs and expenses of the Disciplinary Board in an amount to be determined
2601/15/2002 to be determined by the disciplinary board
2701/15/2002 This matter is remanded for determination of restitution and costs
2801/17/2002 Judgment Mailed to Parties
2901/18/2002 Notice of Order of Disbarment sent to Editor, C. Hogan, Michie, US Supreme Court, US Court of
3001/18/2002 Appeals, Martindale-Hubbell, and e-mailed to all judges,clerks,ct.admin & admin. assistants
3101/28/2002 Copy of letter from Rick McGee, Chair of Disciplinary Board to Paul Jacobson & Paul Crary RE:
3201/21/2002 Assessment of Costs by Hearing Panel
3302/01/2002 Affidavit of Publication - Fargo Forum
3404/11/2002 Supplemental ROA (Entry Nos. 23-27), including Hearing Panel determination of Restitution and Costs
3504/11/2002 Amended Judgment after Remand
3604/15/2002 Amended Judgment mailed to parties
3704/22/2002 Request to transcribe judgment on restitution to Cass County
3804/22/2002 Affidavit of Identification for transcript of judgment on restitution
3904/22/2002 JUDGMENT TRANSCRIBED TO CASS COUNTY FOR RESTITUTION
4006/03/2002 Affidavit of Identification for transcript of judgment for costs
4106/03/2002 JUDGMENT TRANSCRIBED TO CASS COUNTY FOR COSTS
4206/06/2002 Notice of Filing Transcript and Docketing Judgment for restitution
4306/07/2002 Notice of filing transcript and docketing judgment (costs)
4408/28/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/22/2014