|Filed June 26, 1991|
File No. 910148
ORDER OF PUBLIC REPRIMAND
In the Matter of the Application for Disciplinary Action Against Colin A. Bailey, A Member of the Bar of the State of North Dakota
Disciplinary Board of the Supreme Court of the State of North Dakota, Petitioner
Colin A. Bailey, Respondent
A Hearing Panel of the Disciplinary Board found Mr. Bailey had received a. previous public reprimand and found this an aggravating circumstance. The Panel also found violations of Rule 1.3, Rules of Professional Conduct; Rule 1.4(a), Rules of Professional Conduct; and Rule 1.2(3), NDPRLDD, as alleged.
On May 7, 1991, the Disciplinary Board of the Supreme Court unanimously adopted the recommendations of the Hearing Panel that Respondent Bailey receive a public reprimand and that he be assessed costs and expenses of the proceeding and referred it to the Supreme Court.
On June 12, 1991, Respondent Bailey and Disciplinary Board Counsel Berg entered into a Stipulation which was filed in the Supreme Court that the Supreme Court issue an Order of Public Reprimand to Colin A. Bailey and assess costs in the amount of $1,053.92.
The Supreme Court considered the matter, and
ORDERED, that the Report of the Hearing Panel and the Stipulation be accepted, and that Colin A. Bailey be publicly reprimanded for failing to act with reasonable diligence in representing a client, for failing to make reasonable efforts to keep a client informed and for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation by advising a client that a case was progressing when Bailey had taken no action and that he had previously received a public reprimand for similar misconduct;
IT IS FURTHER ORDERED, that Colin A. Bailey be assessed the costs and expenses of this proceeding in the amount of $1,053.92 payable to the Disciplinary Board of the Supreme Court within 30 days of receipt of this Order.
Dated at Bismarck, North Dakota, this 26th day of June, 1991.
Ralph J. Erickstad, Chief Justice
Gerald W. VandeWalle, Justice
H.F. Gierke III, Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice
Luella Dunn, Clerk