Disciplinary Board v. Hoffman

20120290 In the Matter of the Application for Disciplinary
Action Against Michael R. Hoffman, A Member of
the Bar of the State of North Dakota
---------------------
Disciplinary Board of the
Supreme Court, Petitioner
v.
Michael R. Hoffman, Respondent

Nature of Action: Disciplinary Proceedings (Civil)
Counsel:
Petitioner: Paul W. Jacobson
Respondent: Thomas A. Dickson
Respondent: Lawyer not licensed in N.D.
Petitioner: Brent J. Edison
Term: 11/2012   Argument: 11/28/2012  10:00am
ND cite: 2013 ND 137
NW cite: 834 N.W.2d 636

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Issues: Respondent's Statement of the Issues:
ISSUE NO. 1
Hoffman's $30,000 nonrefundable minimum fee was reasonable under Rule 1.5(a) and earned under Rule 1.16(e).
ISSUE NO. 2
As a nonrefundable retainer, Hoffman properly placed the $30,000 in his operating account.
ISSUE NO. 3
Hoffman's due process rights are violated by relying on New York law and applying In the Matter of Cooperman to him retroactively or ex post facto.

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Docket entries:
107/17/2012 HEARING PANEL'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
207/19/2012 HEARING PANEL'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION SERVED ON PARTIES/COUNSEL
308/02/2012 Certificate of Record
408/08/2012 Updated Affidavit of Nancy Hollander
508/09/2012 LAWYERS OBJECTIONS TO REPORT
608/14/2012 Copy of Transcript dated 4-11-12 (Original is #37 in Record)
708/14/2012 DISK of TRA (CD)
809/06/2012 MOT. EXT/TIME RESPONDENT BRIEF
909/06/2012 ACTION BY CLERK. Granted: 09/21/2012
1009/06/2012 MOT. EXT/TIME PETITIONER BRIEF
1109/06/2012 E-FILED MOTION
1209/06/2012 ACTION BY CLERK. Granted: 09/28/2012
1309/21/2012 MOT. EXT/TIME RESPONDENT BRIEF
1409/21/2012 ACTION BY CLERK. Granted: 09/28/2012
1509/21/2012 MOT. EXT/TIME PETITIONER BRIEF (sua sponte)
1609/21/2012 ACTION BY CLERK (sua sponte). Granted: 09/28/2012
1709/28/2012 PETITIONER BRIEF (Disciplinary Counsel)
1809/28/2012 Petitioner's APPENDIX (Disciplinary Counsel)
1909/28/2012 DISK - PTB (CD-ROM)
2009/28/2012 RESPONDENT BRIEF & Addendum
2109/28/2012 Respondent's APPENDIX
2209/28/2012 DISK - RPB (e-mailed)
2310/02/2012 Red covers for Respondent's Brief & Addendum
2410/18/2012 NOTICE OF ORAL ARGUMENT SENT
2511/28/2012 APPEARANCES: Paul W. Jacobson; Thomas A. Dickson; Nancy Hollander
2611/28/2012 ARGUED: Paul W. Jacobson; Nancy Hollander
2711/28/2012 ORAL ARGUMENT WEBCAST
2807/23/2013 DISPOSITION: DISCIPLINE IMPOSED
2907/23/2013 UNANIMOUS OPINION: Per Curiam
3007/23/2013 Ordered to refund $25,460 with interest at the legal rate from September 22, 2010, within 60 days
3107/23/2013 and pay partial costs and expenses of disciplinary proceeding in the amount of $2,400
3207/23/2013 $25,400 with interest at legal rate from 9/22/2010: 09/21/2013
3307/23/2013 Opinion sent to District Court Judges, Clerks, etc.
3407/23/2013 Corrected Opinion Page (paragraph 33, line 1, "beached" changed to "breached")
3507/24/2013 Summary
3607/24/2013 Notice of Discipline sent to SBAND, The Bismarck Tribune
3707/24/2013 Judgment Sent to Parties
3808/09/2013 Affidavit of publication
3909/05/2013 2nd Corrected/Substitute Opinion Page (Paragraph 14, Line 8-replaces "lawyers" with "lawyer's")
4009/11/2013 MOTION TO STAY JUDGEMENT BY RESPONDENT
4109/18/2013 ACTION BY SUPREME COURT. Granted
4210/25/2013 Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court
4312/23/2013 Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari
4401/31/2014 Received $2,400.00 payment for costs and expenses (Receipt #22615)

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