Disciplinary Board v. Chinquist

20050359 In the Matter of the Application
for Disciplinary Action Against
C. Charles Chinquist, 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.
C. Charles Chinquist, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Respondent: Pro se
Petitioner: Brent J. Edison
Term: 01/2006   Argument: 01/11/2006  10:45am
ND cite: 2006 ND 107
NW cite: 714 N.W.2d 469

Listen to recording of oral argument in MP3 format

Issues: Petitioner's Statement of the Issues:
1. The Hearing Panel erred in determining Chinquist's inappropriate sexual relationship with his client "did not rise to the level of a conflict of interest. ."
2. The Hearing panel erred in examining the client's "motive" for engaging in a sexual relationship and in citing as a mitigating factor "actions by the client to encourage Chinquist to violate the Rules of Professional Conduct."


Respondent's Statement of the Issues:
1. The Hearing Panel erred in determining "Chinquist violated Rule 1.5(a) of the N.D.R. Prof. Conduct entitled `Fees' by accepting large, suspicious cash payments from DuBord that were excessive and bore no apparent relationship to the work being performed."
2. The Hearing Panel erred in determining "Chinquist violated Rule 1.5(b) of the N.D.R. Prof. Conduct entitled `Fees' by not communicating to his client before or within a reasonable time after commencing representation the rate or amount of the fees to be charged."
3. The hearing Panel erred in determining that Chinquist violated Rule 1.8(a) of the N.D.R. Prof. Conduct by accepting $5,000 from DuBord for Chinquist's representation of Michael Gianakos.
4. The Hearing Panel was unreasonable in recommending that Respondent Chinquist pay costs and expenses of the disciplinary proceeding in the amount of $5,289.45 under the particular facts, circumstance, and course of the proceedings below.

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Docket entries:
110/17/2005 REPORT OF DISCIPLINARY BOARD (part of Record)
210/17/2005 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
310/17/2005 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
410/19/2005 CERTIFICATE - includes tra dated 8-17-05 w/ attached Exhibits DC 1-13, R 14-21, & DC 22 (entry #15)
510/20/2005 DISK of tra dtd 8-17-05 (Entry #15 in Certificate)
610/26/2005 Disciplinary Counsel's Objections to Report of the Hearing Panel
711/07/2005 Respondent's Objections to Report of Hearing Panel
811/09/2005 Supplemental Certificate dated 11-9-05 (Entry No. 18)
911/28/2005 MOT. EXT/TIME PETITIONER BRIEF (faxed letter from Brent J. Edison dated 11-28-05)
1011/28/2005 E-FILED MOTION (MPT)
1111/28/2005 ACTION BY CLERK. Granted: 12/15/2005
1211/28/2005 MOT. EXT/TIME RESPONDENT BRIEF (part of Mot/Ext/Time/Pet/Brief)
1311/28/2005 ACTION BY CLERK. Granted: 12/15/2005
1412/14/2005 2nd Supplemental Certificate (Entry No. 19)
1512/15/2005 PETITIONER BRIEF
1612/15/2005 PETITIONER'S APPENDIX
1712/15/2005 DISK of PTB
1812/16/2005 RESPONDENT BRIEF
1912/16/2005 RESPONDENT'S APPENDIX
2012/16/2005 DISK of RPB
2112/23/2005 SITTING WITH THE COURT: Anderson, Zane
2201/11/2006 APPEARANCES: Brent J. Edison; C. Charles Chinquist
2301/11/2006 ARGUED: Edison; Chinquist
2401/11/2006 ORAL ARGUMENT WEBCAST
2505/16/2006 DISPOSITION: DISCIPLINE IMPOSED
2605/16/2006 UNANIMOUS OPINION: Per Curiam
2705/16/2006 Chinquist is suspended from the practice of law for six months and one day beginning July 1, 2006
2805/16/2006 for violation of N.D.R.Prof.Conduct 1.5(a) and (b), 1.7(a), 1.8(a), and 1.15(a) and (f)
2905/16/2006 Chinquist must pay the costs and expenses of the disciplinary proceeding in the amount of $5,289.45
3005/16/2006 Chinquinst must comply with the reinstatement provisions of N.D.R.Lawyer Discipl. 4.5
3105/16/2006 Chinquist must comply with the notice of status provisions of N.D.R.Lawyer Discipl. 6.3
3205/16/2006 Summary
3305/16/2006 Summary sent to Judges and Clerks
3405/17/2006 Summary sent to Editor, SBAND, & Publishers
3505/19/2006 Judgment Mailed to Parties
3606/02/2006 Affidavit of Publication -- Fargo Forum
3706/19/2006 Affidavit of Identification
3806/19/2006 JUDGMENT TRANSCRIBED TO Cass Co.
3906/28/2006 Notice of Filing Transcript and Docketing Judgment
4006/15/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/22/2014