Disciplinary Board v. Crary
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| 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
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Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
Paul T. Crary, Respondent
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Nature of Action: |
Disciplinary Proceedings (Civil)
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| Counsel: |
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| Term: |
11/2001 Argument: 11/21/2001 02:45pm
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| ND cite: |
2002 ND 9
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| NW cite: |
638 N.W.2d 23
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 08/10/2001 | |
REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL (part of record) |
| 2 | | 08/30/2001 | |
RECORD ON APPEAL |
| 3 | | 08/30/2001 | |
EXCEPTIONS TO FINDINGS (letter dated August 28, 2001 from Paul Crary) |
| 4 | | 09/12/2001 | |
MOT. EXT/TIME PETITIONER BRIEF (sua sponte) |
| 5 | | 09/12/2001 | |
ACTION BY SUPREME COURT (MPT/sua sponte). Granted: 10/15/2001 |
| 6 | | 09/12/2001 | |
MOT. EXT/TIME RESPONDENT BRIEF (sua sponte) |
| 7 | | 09/12/2001 | |
ACTION BY SUPREME COURT (MRP/sua sponte). Granted: 10/15/2001 |
| 8 | | 09/26/2001 | |
TRANSCRIPT DATED May 8, 2001 |
| 9 | | 09/20/2001 | |
DISK - TRA of May 8, 2001 |
| 10 | | 10/12/2001 | |
PETITIONER BRIEF |
| 11 | | 10/12/2001 | |
PETITIONER APPENDIX |
| 12 | | 10/12/2001 | |
DISK - PTB |
| 13 | | 10/15/2001 | |
Letter from Paul T. Crary |
| 14 | | 11/05/2001 | |
Request for Radio/TV Coverage (Associated Press) (e-mail from Dale Wetzel) (Approved) |
| 15 | | 11/08/2001 | |
MOTION TO FILE BRIEF AND APPEAR AT ORAL ARGUMENT BY RESPONDENT |
| 16 | | 11/14/2001 | |
ACTION BY SUPREME COURT (MOT/to file brief and appear at oral argument). Denied |
| 17 | | 11/20/2001 | |
Faxed letter dated 11-20-01 from Paul T. Crary |
| 18 | | 11/21/2001 | |
APPEARANCES: Loralyn K. Hegland |
| 19 | | 11/21/2001 | |
ARGUED: Hegland (Vol. X; Page 178) |
| 20 | | 11/21/2001 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 01/15/2002 | |
DISPOSITION: DISCIPLINE IMPOSED |
| 22 | | 01/15/2002 | |
UNANIMOUS OPINION: Per Curiam |
| 23 | | 01/15/2002 | |
Mr. Crary is disbarred for violation of N.D.R. Prof. Conduct 1.8(a), 1.8(b), 1.8(c). |
| 24 | | 01/15/2002 | |
Mr. Crary is to pay restitution to Mary Harris in an amount to be determined by the Disciplinary Bd |
| 25 | | 01/15/2002 | |
Mr. Crary is to pay the costs and expenses of the Disciplinary Board in an amount to be determined |
| 26 | | 01/15/2002 | |
to be determined by the disciplinary board |
| 27 | | 01/15/2002 | |
This matter is remanded for determination of restitution and costs |
| 28 | | 01/17/2002 | |
Judgment Mailed to Parties |
| 29 | | 01/18/2002 | |
Notice of Order of Disbarment sent to Editor, C. Hogan, Michie, US Supreme Court, US Court of |
| 30 | | 01/18/2002 | |
Appeals, Martindale-Hubbell, and e-mailed to all judges,clerks,ct.admin & admin. assistants |
| 31 | | 01/28/2002 | |
Copy of letter from Rick McGee, Chair of Disciplinary Board to Paul Jacobson & Paul Crary RE: |
| 32 | | 01/21/2002 | |
Assessment of Costs by Hearing Panel |
| 33 | | 02/01/2002 | |
Affidavit of Publication - Fargo Forum |
| 34 | | 04/11/2002 | |
Supplemental ROA (Entry Nos. 23-27), including Hearing Panel determination of Restitution and Costs |
| 35 | | 04/11/2002 | |
Amended Judgment after Remand |
| 36 | | 04/15/2002 | |
Amended Judgment mailed to parties |
| 37 | | 04/22/2002 | |
Request to transcribe judgment on restitution to Cass County |
| 38 | | 04/22/2002 | |
Affidavit of Identification for transcript of judgment on restitution |
| 39 | | 04/22/2002 | |
JUDGMENT TRANSCRIBED TO CASS COUNTY FOR RESTITUTION |
| 40 | | 06/03/2002 | |
Affidavit of Identification for transcript of judgment for costs |
| 41 | | 06/03/2002 | |
JUDGMENT TRANSCRIBED TO CASS COUNTY FOR COSTS |
| 42 | | 06/06/2002 | |
Notice of Filing Transcript and Docketing Judgment for restitution |
| 43 | | 06/07/2002 | |
Notice of filing transcript and docketing judgment (costs) |
| 44 | | 08/28/2007 | |
EXPUNGED - Nonpermanent record items destroyed |