Disciplinary Board v. Chinquist
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| 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
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Disciplinary Board of the Supreme
Court of the State of North Dakota, Petitioner
v.
C. Charles Chinquist, Respondent
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Nature of Action: |
Disciplinary Proceedings (Civil)
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| Counsel: |
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| Term: |
01/2006 Argument: 01/11/2006 10:45am
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| ND cite: |
2006 ND 107
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| NW cite: |
714 N.W.2d 469
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| 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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| 1 | | 10/17/2005 | |
REPORT OF DISCIPLINARY BOARD (part of Record) |
| 2 | | 10/17/2005 | |
REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL |
| 3 | | 10/17/2005 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 10/19/2005 | |
CERTIFICATE - includes tra dated 8-17-05 w/ attached Exhibits DC 1-13, R 14-21, & DC 22 (entry #15) |
| 5 | | 10/20/2005 | |
DISK of tra dtd 8-17-05 (Entry #15 in Certificate) |
| 6 | | 10/26/2005 | |
Disciplinary Counsel's Objections to Report of the Hearing Panel |
| 7 | | 11/07/2005 | |
Respondent's Objections to Report of Hearing Panel |
| 8 | | 11/09/2005 | |
Supplemental Certificate dated 11-9-05 (Entry No. 18) |
| 9 | | 11/28/2005 | |
MOT. EXT/TIME PETITIONER BRIEF (faxed letter from Brent J. Edison dated 11-28-05) |
| 10 | | 11/28/2005 | |
E-FILED MOTION (MPT) |
| 11 | | 11/28/2005 | |
ACTION BY CLERK. Granted: 12/15/2005 |
| 12 | | 11/28/2005 | |
MOT. EXT/TIME RESPONDENT BRIEF (part of Mot/Ext/Time/Pet/Brief) |
| 13 | | 11/28/2005 | |
ACTION BY CLERK. Granted: 12/15/2005 |
| 14 | | 12/14/2005 | |
2nd Supplemental Certificate (Entry No. 19) |
| 15 | | 12/15/2005 | |
PETITIONER BRIEF |
| 16 | | 12/15/2005 | |
PETITIONER'S APPENDIX |
| 17 | | 12/15/2005 | |
DISK of PTB |
| 18 | | 12/16/2005 | |
RESPONDENT BRIEF |
| 19 | | 12/16/2005 | |
RESPONDENT'S APPENDIX |
| 20 | | 12/16/2005 | |
DISK of RPB |
| 21 | | 12/23/2005 | |
SITTING WITH THE COURT: Anderson, Zane |
| 22 | | 01/11/2006 | |
APPEARANCES: Brent J. Edison; C. Charles Chinquist |
| 23 | | 01/11/2006 | |
ARGUED: Edison; Chinquist |
| 24 | | 01/11/2006 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 05/16/2006 | |
DISPOSITION: DISCIPLINE IMPOSED |
| 26 | | 05/16/2006 | |
UNANIMOUS OPINION: Per Curiam |
| 27 | | 05/16/2006 | |
Chinquist is suspended from the practice of law for six months and one day beginning July 1, 2006 |
| 28 | | 05/16/2006 | |
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) |
| 29 | | 05/16/2006 | |
Chinquist must pay the costs and expenses of the disciplinary proceeding in the amount of $5,289.45 |
| 30 | | 05/16/2006 | |
Chinquinst must comply with the reinstatement provisions of N.D.R.Lawyer Discipl. 4.5 |
| 31 | | 05/16/2006 | |
Chinquist must comply with the notice of status provisions of N.D.R.Lawyer Discipl. 6.3 |
| 32 | | 05/16/2006 | |
Summary |
| 33 | | 05/16/2006 | |
Summary sent to Judges and Clerks |
| 34 | | 05/17/2006 | |
Summary sent to Editor, SBAND, & Publishers |
| 35 | | 05/19/2006 | |
Judgment Mailed to Parties |
| 36 | | 06/02/2006 | |
Affidavit of Publication -- Fargo Forum |
| 37 | | 06/19/2006 | |
Affidavit of Identification |
| 38 | | 06/19/2006 | |
JUDGMENT TRANSCRIBED TO Cass Co. |
| 39 | | 06/28/2006 | |
Notice of Filing Transcript and Docketing Judgment |
| 40 | | 06/15/2012 | |
EXPUNGED - Nonpermanent record items destroyed |