Disciplinary Board v. Leier | |||||||
| 960248 |
IN THE MATTER OF THE APPLICATION
FOR DISCIPLINARY ACTION AGAINST PATRICK F. LEIER, 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. Patrick F. Leier, Respondent | ||||||
| Nature of Action: | Disciplinary Proceedings (Civil) | ||||||
| Counsel: |
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| Term: | 04/1997 Argument: 04/08/1997 02:45pm | ||||||
| ND cite: | 1997 ND 79 | ||||||
| NW cite: |
562 N.W.2d 741
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 Add Docket 960248 RSS
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| 1 | 09/12/1996 | REPORT OF DISCIPLINARY BOARD w/ attached Findings & | ||
| 2 | 09/12/1996 | Recommendation of Hearing Body (Original - Entry No. 19 in ROA) | ||
| 3 | 09/12/1996 | (Consolidated w/ 960249 through 960257 & 960390. Make all | ||
| 4 | 09/12/1996 | entries, except disposition, in this case.) | ||
| 5 | 09/12/1996 | RECORD OF DISCIPLINARY BOARD | ||
| 6 | 10/01/1996 | OBJECTIONS TO FINDINGS (Disciplinary Counsel) | ||
| 7 | 10/22/1996 | MOTION FOR Stay | ||
| 8 | 10/23/1996 | ACTION BY SUPREME COURT (stay). GRANTED | ||
| 9 | 10/23/1996 | Stay granted insofar as it delays the briefing schedule | ||
| 10 | 10/23/1996 | pending resolution of addt'l disciplinary proceedings & | ||
| 11 | 10/23/1996 | upon their resolution, consolidate w/ these matters | ||
| 12 | 10/23/1997 | STAY PENDING resolution of further discipline. | ||
| 13 | 01/15/1997 | MOT. EXT/TIME PETITIONER & RESPONDENT BRIEFS | ||
| 14 | 01/15/1997 | (Sua Sponte) | ||
| 15 | 01/16/1997 | ACTION BY CLERK. GRANTED: 02/19/1997 | ||
| 16 | 01/16/1997 | Ojections to Findings filed in 960390 by Disciplinary Counsel | ||
| 17 | 02/20/1997 | Disciplinary Board Brief w/ attached Addendum | ||
| 18 | 02/20/1997 | Disciplinary Board Appendix | ||
| 19 | 02/20/1997 | RESPONDENT BRIEF (Patrick Leier) | ||
| 20 | 02/20/1997 | Respondent Appendix (Patrick Leier) | ||
| 21 | 03/03/1997 | Letter dated 2-28-97 from Fred E. Whisenand stating that if | ||
| 22 | 03/03/1997 | Respondent is agreeable to waive OA, Petitioner would like | ||
| 23 | 03/03/1997 | this matter submitted on briefs | ||
| 24 | 03/10/1997 | Letter dated 3-07-97 from Vivian E. Berg stating that because | ||
| 25 | 03/10/1997 | of the significance of the issues in these proceedings, | ||
| 26 | 03/10/1997 | OA is preferred | ||
| 27 | 04/08/1997 | Faxed letter dated 4-08-97 from Fred Whisenand to PM | ||
| 28 | 04/08/1997 | (copy made for GWV) | ||
| 29 | 04/08/1997 | Faxed letter dated 4-08-97 from Vivian Berg to PM re | ||
| 30 | 04/08/1997 | correction in brief (copies made and dist. to Justices) | ||
| 31 | 04/08/1997 | APPEARANCES: Vivian E. Berg, Disciplinary Counsel; No Appearance for Respondent | ||
| 32 | 04/08/1997 | ARGUED: Berg (Vol. V, pg. 92) | ||
| 33 | 04/22/1997 | DISPOSITION: DISCIPLINE IMPOSED | ||
| 34 | 04/22/1997 | UNANIMOUS OPINION: , Per Curiam | ||
| 35 | 04/22/1997 | Patrick Leier is DISBARRED for violations of DR1-102(A) (4) (conduct involving dishonesty); | ||
| 36 | 04/22/1997 | DR6-101(A) (3) (neglect of entrusted legal matters); DR1-101 (A) (failure to represent a client | ||
| 37 | 04/22/1997 | zealously); and DR2-110, 5-102, & 5-105 (prejudice and damage to a client during the course of a | ||
| 38 | 04/22/1997 | professional relationship); Rules of Professional Conduct 1.1 (failure to provide competent | ||
| 39 | 04/22/1997 | representation); 1.3 (failure to act with reasonable diligence and promptness in representing a | ||
| 40 | 04/22/1997 | client); 1.4 (failure to reasonably inform and explain matters to a client); 1.5 (charging | ||
| 41 | 04/22/1997 | unreasonable fees and failure to reasonably communicate about fees); 1.8 (a) (engaging | ||
| 42 | 04/22/1997 | in transactions not fair and reasonable to the client or without appropriate client notification | ||
| 43 | 04/22/1997 | and consent); 1.15(c) (failing to keep lawyer and client property separate during representation) | ||
| 44 | 04/22/1997 | 4.1 (making false statements to a third person in the course of representing a client); 5.5 | ||
| 45 | 04/22/1997 | (unauthorized practice of law); 8.1 (knowingly making false statements or failing to disclose | ||
| 46 | 04/22/1997 | necessary facts about disciplinary matters); and 1.15 (failure to safeguard client funds or to | ||
| 47 | 04/22/1997 | maintain full records and render an accounting to the client). | ||
| 48 | 04/22/1997 | Mr. Leier's conduct further violated NDPRLDD 1.2(a) (3) & (8) (conduct involving dishonesty, fraud, | ||
| 49 | 04/22/1997 | deceit, or misrep. and conduct that is prejudicial to the administration of justice); 6.3(A) (1) | ||
| 50 | 04/22/1997 | (failure to notify clients of suspension from the practice of law). | ||
| 51 | 04/22/1997 | Mr. Leier's emotional problems and mental disabilities were not mitigating factors in this case. | ||
| 52 | 04/22/1997 | Mr. Leier is ordered to pay the costs and expenses of the disciplinary proceedings in the | ||
| 53 | 04/22/1997 | amount of $1,351.30 and to pay restitution to wronged clients in accordance with the stipulations | ||
| 54 | 04/22/1997 | Order/Judgment Mailed to Parties | ||
| 55 | 05/21/1997 | Notice of Hearing - In the Matter of the Petition to Destroy Old Files w/ attach.and Cert. of Serv. | ||
| 56 | 06/30/1997 | JUDGEMENT TRANSCRIBED TO WILLIAMS COUNTY | ||
| 57 | 07/03/2004 | Notice of Filing Transcript and Docketing Judgment | ||
| 58 | 07/29/1997 | Copy of Order from William McLees dated 7-18-97 | ||
| 59 | 06/16/2004 | EXPUNGED - Nonpermanent record items destroyed |