Disciplinary Board v. Nassif | |||||||
| 950399 |
IN THE MATTER OF THE APPLICATION
FOR DISCIPLINARY ACTION AGAINST DELAYNE G. NASSIF, A MEMBER OF THE BAR OF THE STATE OF NORTH DAKOTA - - - - - - - - - - - Disciplinary Board, Petitioner v. Delayne G. Nassif, Respondent | ||||||
| Nature of Action: | Disciplinary Proceedings (Civil) | ||||||
| Counsel: |
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| NW cite: |
547 N.W.2d 541
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| 1 | 12/15/1995 | REPORTS OF DISCIPLINARY BOARD (Originals are Nos. 31 and 37 in the Records of Disciplinary Board) | ||
| 2 | 12/15/1995 | RECORD OF DISCIPLINARY BOARD (INCLUDES ORIGINAL & 2 COPIES | ||
| 3 | 12/15/1995 | OF TRANS. DATED 4-21-95 & EXHIBITS 1,2,3,4,5,6,7A,8, | ||
| 4 | 12/15/1995 | 9, 10,11,12,13,14,15,16,17,18,19,20,21,22,24 & 25 | ||
| 5 | 12/15/1995 | Consolidate w/ 950400 & 403. Make all docket entries in this case | ||
| 6 | 01/02/1996 | MOTION TO separate files (entitled "Objection to Consolidation") | ||
| 7 | 01/05/1996 | ACTION BY CHIEF JUSTICE (Obj. to Consolidate). Denied | ||
| 8 | 02/13/1996 | DISCIPLINARY BOARD BRIEF | ||
| 9 | 02/13/1996 | DISCIPLINARY BOARD APPENDIX (MISSING PAGES 67 & 68) | ||
| 10 | 02/20/1996 | Letter from Vivian Berg dated 2-16-96 RE: pages 67 & 68 | ||
| 11 | 02/20/1996 | of the Appendix are not missing documents, the numbers | ||
| 12 | 02/20/1996 | were just "skipped" due to removal of an exhibit. | ||
| 13 | 02/22/1996 | Objection to Finding of the Report of Disciplinary Board | ||
| 14 | 02/22/1996 | (Objection is filed subject to an objection by DB counsel) | ||
| 15 | 02/22/1996 | REQ. EXT/TIME RESPONDENT BRIEF & "Statement" | ||
| 16 | 02/22/1996 | ACTION BY CHIEF JUSTICE. GRANTED: 03/14/1996 | ||
| 17 | 03/15/1996 | Waiver of Brief and Restatement of Favorable Evidence (dist. | ||
| 18 | 03/15/1996 | to Court 3/15/96) | ||
| 19 | 03/20/1996 | MOTION TO WAIVE OA (letter dated 3-19-96 from | ||
| 20 | 03/20/1996 | Vivian Berg) NOTE: Ms. Berg is willing to waive OA | ||
| 21 | 03/20/1996 | unless Mr. Nassif is permitted to argue | ||
| 22 | 03/26/1996 | ACTION BY SUPREME COURT (Court requires Ms. Berg's presence at OA). Denied | ||
| 23 | 04/03/1996 | Waiver of OA and Statement Addendum (Mr. Nassif) | ||
| 24 | 04/03/1996 | (copies dist. to Justices, legal staff, & Vivian Berg) | ||
| 25 | 04/09/1996 | APPEARANCES: Vivian E. Berg, Disciplinary Counsel; No | ||
| 26 | 04/09/1996 | Appearance for Respondent | ||
| 27 | 04/09/1996 | ARGUED: Berg (Vol. U, pg. 222) | ||
| 28 | 05/14/1996 | DISPOSITION: DISCIPLINE IMPOSED | ||
| 29 | 05/14/1996 | UNANIMOUS OPINION: , Per Curiam | ||
| 30 | 05/14/1996 | ACTION BY SUPREME COURT-Nassif, a currently. GRANTED | ||
| 31 | 05/14/1996 | suspended member of the Bar, is DISBARRED for violations | ||
| 32 | 05/14/1996 | of of Rules 1.1 (competent representation), 1.3 | ||
| 33 | 05/14/1996 | (reasonable diligence and promptness in representing | ||
| 34 | 05/14/1996 | clients), 1.5 (lawyer's fees must be reasonable, the basis | ||
| 35 | 05/14/1996 | rate and amount be communicated to the client, and | ||
| 36 | 05/14/1996 | contingent fee agreements be in writing), 1.15 (client | ||
| 37 | 05/14/1996 | funds be deposited in a trust account and not commingled | ||
| 38 | 05/14/1996 | with other funds, complete records be kept of client | ||
| 39 | 05/14/1996 | funds, prompt delivery of funds to the client, and provide | ||
| 40 | 05/14/1996 | an accounting), 5.3 (lawyer to properly supervise | ||
| 41 | 05/14/1996 | non-lawyer assistants to ensure compliance with ethical | ||
| 42 | 05/14/1996 | obligations)n 5.4 (lawyer prohibited from sharing fees | ||
| 43 | 05/14/1996 | with a non-lawyer), and 5.5 (lawyer prohibited from | ||
| 44 | 05/14/1996 | assisting non-lawyer in unauthorized practice of law) | ||
| 45 | 05/14/1996 | NASSIF also required to pay costs and expenses of the | ||
| 46 | 05/14/1996 | disciplinary proceedings in the amount of $6854.35 | ||
| 47 | 05/14/1996 | NASSIF also to pay restitution to Kathleen Anderson in the | ||
| 48 | 05/14/1996 | amount of $500 and to Joe Marek in the amount of $600. | ||
| 49 | 05/20/1996 | Summary of Opinion prepared by Central Legal Staff (forwarded | ||
| 50 | 05/20/1996 | to Newspaper, SBAND, judges & clerks, etc.) | ||
| 51 | 07/15/1996 | Affidavit of Identification | ||
| 52 | 07/15/1996 | Transcript of judgment | ||
| 53 | 07/15/1996 | JUDGMENT TRANSCRIBED TO Cass County District Court | ||
| 54 | 09/17/1998 | Check in the mount of $9,569 ($8,746.87 for nos. 950399-400 & 950403; $822.46 for 920374) | ||
| 55 | 09/17/1998 | from Northern Title; receipt no. 11181 | ||
| 56 | 09/28/1998 | Satisfaction of Judgment for costs & restitution | ||
| 57 | 08/27/2002 | EXPUNGED - Nonpermanent record items destroyed |