Disciplinary Board v. O'Donnell
, 2008 ND 76,
747 N.W.2d 504
Lawyer is suspended from the practice of law for two years, but the suspension is stayed for two years on conditions. Interim suspension is vacated.
Disciplinary Board v. Vela
, 2008 ND 42,
746 N.W.2d 1
Suspension of lawyer ordered
Disciplinary Board v. O'Donnell
, 2008 ND 17,
744 N.W.2d 724
Interim suspension of lawyer orderd.
Disciplinary Board v. Johnson
, 2007 ND 203,
743 N.W.2d 117
A lawyer may be disciplined for writing a letter to a third party containing false statements that have no substantial purpose other than to delay or to embarrass or burden the third party.
A lawyer may be disciplined for making false statements to the court.
Defiance of a disciplinary admonition may increase the sanction imposed on a lawyer.
Lawyer suspended from the practice of law for 60 days and ordered to pay the costs and expenses of the disciplinary proceeding.
Disciplinary Board v. Nemec
, 2007 ND 204,
743 N.W.2d 129
Interim suspension of lawyer ordered.
Sundby v. Disciplinary Board
, 2007 ND 185,
741 N.W.2d 728
Lawyer reinstatement ordered.
Disciplinary Board v. Light
, 2007 ND 170,
741 N.W.2d 215
Interim suspension of lawyer ordered.
Disciplinary Board v. Light
, 2007 ND 129,
737 N.W.2d 242
Interim suspension of lawyer ordered.
Disciplinary Board v. Sletten
, 2007 ND 105,
735 N.W.2d 409
Interim suspension of lawyer ordered.
Disciplinary Board v. Buresh
, 2007 ND 8,
726 N.W.2d 210
Disbarment is appropriate when a lawyer knowingly converts client property and causes injury or potential injury to a client; when a lawyer knowingly deceives a client with the intent to benefit the lawyer and causes serious or potentially serious
injury to a client; and when a lawyer engages in serious conduct a necessary element of which includes misrepresentation, extortion, misappropriation, or theft.
Under the North Dakota Standards Imposing Lawyer Sanctions, disbarment is allowed for one instance of stealing from a client or lying to a client for the lawyer's benefit.
A lawyer's conversion of a client's funds to his own use is impossible to condone and is one of the least excusable acts of misconduct for which a lawyer can be disciplined.
A lawyer may be disciplined for committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer. A criminal conviction is not a condition precedent to a discipline proceeding when the facts
themselves warrant discipline.
Disciplinary Board v. Stensland
, 2006 ND 251,
725 N.W.2d 191
Lawyer suspension ordered.
Petition of Edison
, 2006 ND 250,
724 N.W.2d 579
An attorney may be disciplined for knowingly serving an answer on behalf of a deceased client.
A knowing act does not require an evil intent or bad purpose, and an act may be done knowingly if it was done in the exercise of the performer's free will and not under coercion.
Disciplinary Board v. Overboe
, 2006 ND 249,
724 N.W.2d 576
Interim suspension of lawyer ordered.
Disciplinary Board v. Aakre
, 2006 ND 230,
723 N.W.2d 682
Suspension of lawyer ordered.
Disciplinary Board v. Bullis
, 2006 ND 228,
723 N.W.2d 667
Attorney suspended from practice of law for 90 days, ordered to complete six hours of non-self-study continuing legal education courses on conflicts of interest within the next two years in addition to the mandatory CLE requirements, and ordered to
pay costs and expenses of proceedings.
When a lawyer has conflicting responsibilities as the lawyer for various clients, those loyalties owed to the client are impaired.
An attorney representing multiple clients cannot by subjective or secret analysis eliminate one as a current client and decide that he is only representing another current client on a particular transaction.
Business transactions between an attorney and client are fraught with pitfalls and traps, and an attorney, with his superior knowledge and education, engages in business transactions with a client at the attorney's peril and is held to the highest
standards.
Ellis v. Disciplinary Board
, 2006 ND 194,
721 N.W.2d 693
Disciplinary proceedings against lawyers, including reinstatement proceedings, are reviewed de novo on the record.
After a lengthy suspension, a lawyer may be required to retake and pass the bar examination as a condition of reinstatement.
Disciplinary Board v. Balerud
, 2006 ND 164,
719 N.W.2d 329
Lawyer suspension ordered.
Disciplinary Board v. Korsmo
, 2006 ND 148,
718 N.W.2d 6
Lawyer suspension ordered.
Disciplinary Board v. Aakre
, 2006 ND 146,
718 N.W.2d 1
Interim suspension of lawyer ordered.
Disciplinary Board v. Chinquist
, 2006 ND 107,
714 N.W.2d 469
Lawyer suspended from practice of law for six months and one day and ordered to pay costs and expenses of proceeding for violating N.D.R. Prof. Conduct 1.5(a) and (b), 1.7(a), 1.8(a), and 1.15(a) and (f).
Having consensual sexual relations with a domestic relations client serves the attorney's own interests and creates an inherent conflict with the proper representation of the client.
Disciplinary Board v. Hellerud
, 2006 ND 105,
714 N.W.2d 38
Charging an unreasonable fee can subject an attorney to discipline.
Failing to communicate the basis, rate, and amount of fee within a reasonable time period can subject an attorney to discipline.
What attorneys charge for their services is generally a matter of agreement between the lawyer and the client.
A client's failure to complain does not prevent the Disciplinary Board from hearing a complaint. Nor does it prevent the Supreme Court from imposing sanctions.
Disciplinary Board v. Mertz
, 2006 ND 85,
712 N.W.2d 849
An attorney may attempt to compromise an infraction by proposing payment for the individual's injuries and agreeing not to file a potential suit against the individual in exchange for the individual dismissing the complaint.
When representing a client, an attorney may not use means that have no substantial purpose other than to embarrass or burden a third party.
Edin v. Disciplinary Board
, 2006 ND 73,
712 N.W.2d 598
Lawyer reinstatement ordered.
Disciplinary Board v. Giese
, 2006 ND 13,
709 N.W.2d 717
During a suspension, suspended attorneys may not hold themselves out as being authorized to practice law in this state.
Rule 6.3, N.D.R. Lawyer Discipl., requires full compliance with the rules for lawyer discipline, including timely notice to clients about a suspended attorney's status.
Disciplinary Board v. Buresh
, 2006 ND 3,
708 N.W.2d 857
Interim suspension of lawyer ordered.
Disciplinary Board v. McKechnie
, 2006 ND 2,
708 N.W.2d 310
Lawyer suspended.
Reciprocal Discipline of Edinger
, 2005 ND 207,
706 N.W.2d 790
Lawyer suspension ordered.
Hoffman v. Disciplinary Board
, 2005 ND 171,
704 N.W.2d 810
A petitioner has the burden of establishing qualifications for reinstatement to the bar by clear and convincing evidence.
A lawyer's speech outside of a courtroom setting may be limited more than that of a lay person.
Disciplinary Board v. Wilkes
, 2005 ND 168,
704 N.W.2d 809
Lawyer disbarred for felony convictions.
Disciplinary Board v. Hoffman
, 2005 ND 153,
703 N.W.2d 345
An isolated instance of ordinary negligence does not constitute lack of competence or diligence under the rules of professional conduct.
Disciplinary Board v. Korsmo
, 2005 ND 148,
703 N.W.2d 305
Interim suspension of lawyer ordered.
Disciplinary Board v. Ward
, 2005 ND 144,
701 N.W.2d 873
Lawyer reprimanded for violation of N.D.R. Prof. Conduct 1.15(f), ordered to pay restitution to former clients, and ordered to pay costs and attorney's fees associated with the disciplinary proceeding.
Disciplinary Board v. Sundby
, 2005 ND 135,
701 N.W.2d 863
Lawyer suspension ordered.
Disciplinary Board v. Vela
, 2005 ND 157,
704 N.W.2d 23
Lawyer suspension ordered.
Disciplinary Board v. Vela
, 2005 ND 119,
699 N.W.2d 839
Lawyer suspension ordered.
Disciplinary Board v. Edin
, 2005 ND 109,
697 N.W.2d 727
Lawyer suspended from the practice of law from the date of his interim suspension to the date this opinion is filed and ordered to pay the costs and attorney's fees for the disciplinary proceeding.
Disciplinary Board v. Christensen
, 2005 ND 87,
696 N.W.2d 495
Lawyer reprimanded and ordered to pay costs of disciplinary proceedings.
Disciplinary Board v. Schoppert
, 2005 ND 45,
693 N.W.2d 19
Lawyer disbarment ordered.
Disciplinary Board v. Peterson
, 2004 ND 205,
689 N.W.2d 364
Lawyer disbarred.
Disciplinary Board v. Madlom
, 2004 ND 206,
688 N.W.2d 923
Lawyer reprimanded and ordered to pay restitution and pay costs of disciplinary proceedings.
Disciplinary Board v. Secrest
, 2004 ND 180,
687 N.W.2d 251
Lawyer reprimanded and ordered to pay costs of disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b).
Judicial Conduct Commission v. Giese
, 2004 ND 172,
686 N.W.2d 382
Former municipal judge censured.
Judicial Conduct Commission v. McGuire
, 2004 ND 171,
685 N.W.2d 748
Clear and convincing evidence in a judicial disciplinary proceeding means evidence which leads to a firm belief or conviction that the allegations are true.
In judicial disciplinary proceedings, the party seeking discovery has to show a need for the information beyond mere relevance.
Extra-judicial conduct is not simply conduct arising geographically outside of the courtroom, but is conduct which arises from something outside of the events of the courtroom itself.
Suspending a judge from office without pay does not violate the constitutional directive that a judge's salary shall not be diminished during this term of office.
The purpose of discipline in judicial conduct cases is not to punish a judge, but is to preserve the integrity of the judicial system and public confidence in the system and, when necessary, safeguard the bench and public from those who are
unfit.
A respondent in a judicial disciplinary proceeding is not initially responsible for payment of the cost of a hearing transcript, but if the respondent is ultimately found to have committed misconduct, the cost of the hearing transcript may be
assessed against the respondent.
Disciplinary Board v. Peterson
, 2004 ND 101,
680 N.W.2d 238
Interim suspension of lawyer ordered.
Disciplinary Board v. Balerud
, 2004 ND 99,
679 N.W.2d 768
Lawyer placed on disability inactive status until further order of the Court.
Reciprocal Discipline of Chinquist
, 2004 ND 87,
679 N.W.2d 257
Lawyer suspension ordered.
Reciprocal Discipline of Schaefer
, 2004 ND 83,
678 N.W.2d 756
Lawyer disbarment ordered.
Matter of the Reciprocal Discipline of Johannson
, 2004 ND 84,
678 N.W.2d 755
Lawyer suspension ordered.
Matter of Edwardson
, 2004 ND 17,
673 N.W.2d 644
Lawyer Debra K. Edwardson transferred to incapacitated status.
Disciplinary Board v. Wilkes
, 2004 ND 18,
674 N.W.2d 1
Interim suspension of lawyer ordered.
Disciplinary Board v. Wilkes
, 2004 ND 13,
673 N.W.2d 614
Interim suspension of lawyer ordered.
Disciplinary Board v. McKechnie
, 2003 ND 170,
670 N.W.2d 864
An attorney is appropriately suspended from the practice of law when this Court finds clear and convincing evidence of an ethical violation.
An attorney's disciplinary record is properly considered as an aggravating factor when it has been determined an attorney violated an ethical duty.
Disciplinary Board v. Hoffman
, 2003 ND 161,
670 N.W.2d 500
An attorney is appropriately suspended from the practice of law for one year when the hearing panel has found clear and convincing evidence of professional conduct violations.
Prior discipline is relevant as an aggravating factor when the prior incidents establish a pattern of misconduct.
Disciplinary Board v. Edin
, 2003 ND 152,
669 N.W.2d 118
Interim suspension of lawyer ordered.
Matter of Fosaaen
, 2003 ND 126,
667 N.W.2d 278
Lawyer transferred to incapacitated status.
Disciplinary Board v. Giese
, 2003 ND 82,
662 N.W.2d 250
An attorney is suspended from the practice of law and ordered to pay costs and restitution for violating N.D.R. Prof. Conduct 1.8, 3.1, 3.2, and 8.4(e) and N.D.R. Lawyer Discipl. 1.2(a)(3).
The prohibition of transactions between an attorney and a client continues as long as the influence arising from the attorney-client relationship continues.
An attorney's prior advice to seek independent counsel for a prohibited transaction does not govern a subsequent variation of that transaction.
An attorney is an officer of the court and may be disciplined for conduct as a litigant in a civil action.
Disciplinary Board v. Query
, 2003 ND 74,
660 N.W.2d 573
Lawyer disbarred for conviction of a serious crime, and the effective date for disbarment is the date of the disbarment order.
Disciplinary Board v. Schoppert
, 2003 ND 54,
658 N.W.2d 767
Interim suspension of lawyer ordered.
Hegland v. McKechnie
, 2003 ND 37,
657 N.W.2d 287
The details of prior private discipline should not be alleged in a petition for public discipline.
Expert testimony about whether or not a rule of professional conduct has been violated is inappropriate in disciplinary proceedings.
Disciplinary Board v. McKechnie
, 2003 ND 22,
656 N.W.2d 661
A lawyer is publicly reprimanded and ordered to pay the costs of the disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b).
Details of prior private discipline should not be alleged in a petition for public discipline.
Expert testimony on the standard of care required in a legal malpractice action is not required to aid the trier of fact in determining whether an attorney's actions violate the rules of professional conduct.
An attorney-client relationship may arise when a putative client reasonably believes that a particular lawyer is representing him and the lawyer does not disabuse the individual of this belief.
An isolated instance of ordinary negligence does not constitute incompetent representation under the rules of professional conduct.
Disciplinary Board v. Lee
, 2003 ND 11,
655 N.W.2d 906
Lawyer suspended from the practice of law for one year.
Disciplinary Board v. Sundby
, 2002 ND 197,
654 N.W.2d 391
Interim suspension of lawyer ordered.
Disciplinary Board v. Asbridge
, 2002 ND 182,
653 N.W.2d 494
Lawyer suspended from the practice of law for 30 days.
Jacobson v. Garaas
, 2002 ND 181,
652 N.W.2d 918
A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him.
A lawyer's free speech rights are extremely limited in the courtroom during judicial proceedings. Sanctioning a lawyer for disruptive, belligerent, and disrespectful in-court statements does not violate his right to free speech.
Disciplinary Board v. Butz
, 2002 ND 155,
652 N.W.2d 358
Lawyer suspended from the practice of law for 30 days.
Disciplinary Board v. Keller
, 2002 ND 149,
652 N.W.2d 308
Attorney disbarred.
Disciplinary Board v. Edwardson
, 2002 ND 106,
647 N.W.2d 126
A lawyer who cannot comply with a discovery request without jeopardizing the client should withdraw from representation rather than violate the rules of professional conduct.
Lawyer suspended from the practice of law for 60 days.
Dvorak v. Disciplinary Board
, 2002 ND 100,
645 N.W.2d 223
Lawyer reinstated to the practice of law.
Judicial Conduct Commission v. Tessmann
, 2002 ND 15,
638 N.W.2d 883
Former municipal judge censured for violation of N.D. Code Jud. Conduct Canon 2, and prohibited from serving as a judge.
Disciplinary Board v. Swanson
, 2002 ND 6,
638 N.W.2d 240
Disbarment is an appropriate sanction when an attorney violates numerous rules of professional conduct involving a lack of diligence, and the attorney has a prior disciplinary history involving similar conduct.
Disciplinary Board v. Crary
, 2002 ND 9,
638 N.W.2d 23
A lawyer may not draft a will that includes a substantial testamentary gift to the lawyer or the lawyer's parent, child, sibling, or spouse, unless the client is related to the beneficiary.
Disbarment orderd.
Disciplinary Board v. Boulger
, 2001 ND 210,
637 N.W.2d 710
A lawyer commits an ethical violation when the lawyer drafts a will for an unrelated client giving the lawyer a contingent bequest of a substantial gift.
Disciplinary Board v. Dooley
, 2001 ND 198,
637 N.W.2d 1
Lawyer suspended from the practice of law for 30 days
Disciplinary Board v. Gronneberg
, 2001 ND 158,
634 N.W.2d 491
Lawyer suspended from the practice of law for one year following any application by him for licensure of an inactive attorney under Admission to Practice R. 7.
Disciplinary Board v. Howe
, 2001 ND 86,
626 N.W.2d 650
An attorney is appropriately suspended from the practice of law for 120 days when the hearing panel has found clear and convincing evidence of professional conduct violations involving lack of diligence, communication, and expediting litigation, as
well as a disciplinary history of five prior disciplinary sanctions.
Prior discipline is not remote, but is relevant as an aggravating factor when the prior incidents establish a pattern of misconduct.
Disciplinary counsel may reasonably bill attorney fees at $75 per hour, which may be assessed against the attorney whose misconduct warranted the imposition of discipline.
Disciplinary Board v. Keller
, 2001 ND 63,
624 N.W.2d 667
Interim suspension of lawyer ordered.
Disciplinary Board v. Hawkins
, 2001 ND 55,
623 N.W.2d 431
An attorney who is disciplined in another jurisdiction is also subject to reciprocal discipline in North Dakota if admitted to practice law in North Dakota, regardless of whether the attorney currently is licensed to practice law in North Dakota.
Reciprocal discipline shall be identical in this state, unless the proceedings in the jurisdiction initiating the discipline lack due process or proof of misconduct, or unless identical punishment would result in grave injustice or the misconduct
warrants substantially different discipline.
An attorney is not denied due process in disciplinary proceedings if there is adequate notice of the charges and an opportunity to be heard.
Imposing identical reciprocal discipline is not a grave injustice when an attorney is not licensed in North Dakota and does not intend to reapply for licensure.
Disciplinary Board v. Howe
, 2001 ND 7,
621 N.W.2d 361
A lawyer's conduct involving dishonesty, fraud, deceit, or misrepresentation generally results in suspension from the practice of law.
Disciplinary Board v. Keller
, 2000 ND 221,
620 N.W.2d 156
Once objections are filed by an attorney to a hearing panel's findings and recommendations, the appropriate procedure to address a claim of lack of notice of order for default is to move the Supreme Court to remand the matter to the Hearing Panel for
consideration of a motion to vacate.
Disciplinary Board v. Robb
, 2000 ND 194,
618 N.W.2d 721
Attorney ordered disbarred.
Disciplinary Action Against Robb
, 2000 ND 146,
615 N.W.2d 125
Disciplinary Counsel must prove each violation by clear and convincing evidence.
When an attorney commingles part of a client's share of settlement proceeds with the attorney's own property, the attorney violates the duty to safekeep client property.
Disciplinary Board v. Keller
, 2000 ND 141,
613 N.W.2d 511
Interim suspension of lawyer ordered.
Disciplinary Board v. Keller
, 2000 ND 138,
613 N.W.2d 510
Interim suspension of lawyer ordered.
Montgomery v. Disciplinary Board
, 2000 ND 127,
612 N.W.2d 278
A disbarred attorney applying for reinstatement must prove by clear and convincing evidence he currently has the requisite honesty and integrity to practice law.
In determining whether to reinstate a disbarred attorney, the court may consider the seriousness of the prior misconduct, the attorney's failure to acknowledge and take responsibility for his misconduct, evidence of malice or ill will toward those
involved in the disciplinary proceedings, and the attorney's failure to make full restitution to his clients.
Disciplinary Board v. Roybal
, 2000 ND 125,
612 N.W.2d 277
Attorney disbarred under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline
Disciplinary Board v. Stevenson
, 2000 ND 126,
612 N.W.2d 278
Attorney suspended from the practice of law for 60 days under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline.
Disciplinary Board v. Dvorak
, 2000 ND 98,
611 N.W.2d 147
Lawyer suspended for one year for attempting to unlawfully obstruct access to evidence, in violation of Rule 3.4, and for using means having no substantial purpose other than the embarrassment of a third person, in violation of Rule 4.4.
Supreme court has inherent authority to institute disciplinary proceedings on its own initiative.
Statements made in response to a guardian ad litem's questionnaire are privileged.
Disciplinary Board v. McDonald
, 2000 ND 87,
609 N.W.2d 418
Lawyer suspended for six months and a day for making a statement of fact and offering evidence which he knew was false to a court, in violation of N.D.R. Prof. Conduct 3.3(a).
A party waives the right to a judgment as a matter of law if the motion is made at the close of the opponent's case and the moving party then introduces evidence in its own behalf.
The Disciplinary Board, through its hearing bodies, may take judicial notice of state laws even if the law is not formally submitted and received in evidence or requested to be officially noticed.
Expiration of a time period in disciplinary proceedings does not alone establish a due process violation necessitating dismissal of charges.
Disciplinary Board v. Seaworth
, 1999 ND 229,
603 N.W.2d 176
Lawyer reprimanded for failing to timely respond, on client's behalf, to sixteen letters from the opposing party in violation of N.D.R. Prof. Conduct 1.3.
A client need not be prejudiced by his or her lawyer's failure to act with reasonable diligence and promptness for a violation of N.D.R. Prof. Conduct 1.3 to occur.
Disciplinary Board v. Boughey
, 1999 ND 205,
602 N.W.2d 268
Lawyer suspended for six months for failing to hold client's property separate from lawyer's property in violation of N.D.R. Prof. Conduct 1.15(a).
Costs and expenses of disciplinary proceeding, including reasonable attorney fees of disciplinary counsel, were properly assessed against disciplined lawyer.
Disciplinary Board v. Landon
, 1999 ND 202,
600 N.W.2d 856
Lawyer reprimanded for failing to timely respond, on his client's behalf, to a motion for summary judgment in violation of N.D.R. Prof. Conduct 1.3.
All expenses of disciplinary proceedings must be assessed against the lawyer in any case where discipline is imposed.
Disciplinary Board v. Dooley
, 1999 ND 184,
599 N.W.2d 619
The Workers Compensation Bureau subrogation statute does not regulate fees private attorneys may charge their injured clients.
An attorney's relationship with the Bureau under the subrogation statute is not an attorney-client relationship, but is a contractual relationship imposed by operation of law.
Lawyer reprimanded for failing to promptly return property to a client upon termination of representation in violation of N.D.R. Prof. Conduct 1.16(e).
Disciplinary Board v. Robb
, 1999 ND 161,
598 N.W.2d 808
Lawyer suspended from the practice of law for a period of 60 days.
Judicial Conduct Commission v. Hoffman
, 1999 ND 122,
595 N.W.2d 592
A former judge who resigned from office is subject to attorney discipline for conduct occurring while he was a judge.
Disciplinary Board v. Moe
, 1999 ND 110,
594 N.W.2d 317
Lawyer suspended from the practice of law for a period of 30 days.
Disciplinary Board v. Boughey
, 1999 ND 82,
611 N.W.2d 140
Interim suspension of lawyer ordered.
Disciplinary Board v. Bard
,
430 N.W.2d 62 (N.D. 1998)
Disciplinary Board v. Dvorak
, 1998 ND 134,
580 N.W.2d 586
A lawyer who has been disciplined in another jurisdiction has the
burden to demonstrate that identical, reciprocal discipline
should not be imposed in North Dakota.
A lawyer disciplined in another jurisdiction was not denied
adequate and fair notice of the disciplinary charges brought
against her there, when the charges were amended a month before
hearing, the lawyer was already on notice of the potential
additional charge, and the lawyer did not seek a continuance.
A lawyer disciplined in another jurisdiction is not denied due
process because that jurisdiction's Supreme Court uses the
clearly erroneous standard in reviewing the referee's findings.
Disciplinary Board v. Lee
, 1998 ND 90,
578 N.W.2d 89
Attorney suspended for six months for violation of Rules of
Professional Conduct.
Disciplinary Board v. Swanson
, 1998 ND 60,
575 N.W.2d 218
Report and conditional admission for purpose of discipline
rejected.
Interim suspension ordered.
Disciplinary Board v. Raymond
, 1997 ND 236,
571 N.W.2d 153
Lawyer's certificate of admission to practice law in North Dakota
suspended for six months.
Disciplinary Board v. Fisher
, 1997 ND 234,
571 N.W.2d 370
Lawyer suspended from the practice of law for 24 months. The
suspension is stayed on the condition lawyer commit no further
acts of theft.
Disciplinary Board v. Neset
, 1997 ND 215,
572 N.W.2d 808
Interim Suspension of lawyer ordered.
Disciplinary Board v. Neset
, 1998 ND 206,
586 N.W.2d 497
Interim Suspension of lawyer ordered.
Disciplinary Board v. Query
, 1997 ND 196,
568 N.W.2d 926
Interim suspension of lawyer ordered.
Disciplinary Board v. Fisher
, 1997 ND 181,
569 N.W.2d 256
Interim suspension ordered.
Montgomery v. Disciplinary Board
, 1997 ND 148,
566 N.W.2d 426
All evidence of misconduct, including pre-disbarment misconduct,
should be considered when determining whether a disbarred
attorney has the requisite honesty and integrity to be reinstated
to the bar.
The more culpable a disbarred attorney's prior misconduct, the
greater the burden upon the attorney to prove worthiness for
reinstatement.
Disciplinary Board v. Halvorson
, 1997 ND 129,
566 N.W.2d 406
Attorney suspended from practice of law for six months.
Haugen v. Disciplinary Board
, 1997 ND 130,
566 N.W.2d 789
Attorney returned to Active Status, under conditions.
Disciplinary Board v. Crain
, 1997 ND 131,
566 N.W.2d 404
Attorney ordered disbarred.
Disciplinary Board v. Schmidt
, 1997 ND 132,
566 N.W.2d 407
Attorney ordered disbarred.
Reinstatement of Heustis
, 1997 ND 127,
564 N.W.2d 658
Petitioner reinstated to Bar of State of North Dakota, with
five-years of supervised probation.
Disciplinary Board v. Schultz
, 1997 ND 117,
564 N.W.2d 307
Lawyer's certificate of admission to the bar suspended for 90
days because of the unlicensed practice of law and dishonest
conduct toward his employer.
Disciplinary Board v. Leier
, 1997 ND 79,
562 N.W.2d 741
The Supreme Court disbarred attorney Patrick F. Leier who, on
numerous occasions between 1985 and 1993, failed to diligently
represent clients' interests, mishandled client funds, and lied
to clients about the status of their cases.
When professional misconduct clearly justifies disbarment,
resignation is generally not a suitable alternative sanction.
Disciplinary Board v. Anseth
, 1997 ND 66,
562 N.W.2d 385
Attorney was publicly reprimanded for failure, upon termination
of his representation, to turn over case documents belonging to
the client and to inform the client about the incomplete status
of cases as required by NDRPC 1.16(e).
Toth v. Disciplinary Board
, 1997 ND 75,
562 N.W.2d 744
There was no clear and convincing evidence an assistant attorney
general committed a misrepresentation under the disciplinary
rules or violated a confidentiality clause in a settlement
agreement.
Disciplinary Board v. Lamont
, 1997 ND 63,
561 N.W.2d 650
An attorney is suspended from the practice of law for 60 days for
his deceptive and misleading testimony under oath.
Disciplinary Board v. Schmidt
, 1997 ND 29,
559 N.W.2d 232
Interim supension ordered.
Disciplinary Board v. Orvik
,
549 N.W.2d 671 (N.D. 1996)
Disciplinary Board v. Madlom
,
549 N.W.2d 196 (N.D. 1996)
Disciplinary Board v. Nassif
,
547 N.W.2d 541 (N.D. 1996)
Disciplinary Board v. LaQua
,
548 N.W.2d 372 (N.D. 1996)
Disciplinary Board v. Gray
,
544 N.W.2d 168 (N.D. 1996)
Disciplinary Board v. Neset
,
541 N.W.2d 684 (N.D. 1995)
Disciplinary Board v. Swanson
,
538 N.W.2d 778 (N.D. 1995)
Disciplinary Board v. Qualley
,
537 N.W.2d 658 (N.D. 1995)
Judicial Conduct Commission v. Grenz
,
534 N.W.2d 816 (N.D. 1995)
Disciplinary Board v. Rau
,
533 N.W.2d 691 (N.D. 1995)
Disciplinary Board v. Schubert-Madsen Consolw/ 950139 & 950140
,
533 N.W.2d 145 (N.D. 1995)
Disciplinary Board v. Dosch
,
527 N.W.2d 270 (N.D. 1995)
Disciplinary Board v. Bailey
,
527 N.W.2d 274 (N.D. 1995)
Disciplinary Board v. Schubert-Madsen
,
524 N.W.2d 91 (N.D. 1994)
Disciplinary Board v. Kinsey
,
524 N.W.2d 89 (N.D. 1994)
Disciplinary Board v. Nassif
,
519 N.W.2d 311 (N.D. 1994)
Disciplinary Board v. Voigt
,
519 N.W.2d 311 (N.D. 1994)
Disciplinary Board v. Bard
,
519 N.W.2d 286 (N.D. 1994)
Disciplinary Board v. Kinsey
,
516 N.W.2d 278 (N.D. 1994)
Disciplinary Board v. Larson
,
512 N.W.2d 454 (N.D. 1994)
Disciplinary Board v. Dosch
,
507 N.W.2d 61 (N.D. 1993)
Disciplinary Board v. Robb
,
506 N.W.2d 714 (N.D. 1993)
Disciplinary Board v. Schmidt
,
518 N.W.2d 689 (N.D. 1993)
Disciplinary Board v. Schmidt
,
505 N.W.2d 749 (N.D. 1993)
Disciplinary Board v. Becker
,
504 N.W.2d 303 (N.D. 1993)
Disciplinary Board v. Nassif
,
504 N.W.2d 311 (N.D. 1993)
Disciplinary Board v. Ellis
,
504 N.W.2d 559 (N.D. 1993)
Disciplinary Board v. Lochow
,
502 N.W.2d 252 (N.D. 1993)
Disciplinary Board v. Lashkowitz
,
502 N.W.2d 502 (N.D. 1993)
Disciplinary Board v. Keller
,
502 N.W.2d 504 (N.D. 1993)
Disciplinary Board v. Heustis
,
502 N.W.2d 99 (N.D. 1993)
Disciplinary Board v. Linnerooth
,
501 N.W.2d 733 (N.D. 1993)
Disciplinary Board v. Teevens
,
499 N.W.2d 887 (N.D. 1993)
Disciplinary Board v. Rau
,
496 N.W.2d 580 (N.D. 1993)
Disciplinary Board v. Baird
,
496 N.W.2d 552 (N.D. 1993)
Disciplinary Board v. Rorvig
,
495 N.W.2d 51 (N.D. 1993)
Disciplinary Board v. Anderson
,
491 N.W.2d 703 (N.D. 1992)
Disciplinary Board v. Jones
,
487 N.W.2d 599 (N.D. 1992)
Disciplinary Board v. Britton
,
485 N.W.2d 774 (N.D. 1992)
Disciplinary Board v. Heustis
,
484 N.W.2d 860 (N.D. 1992)
Disciplinary Board v. Whitesides Larson
,
485 N.W.2d 345 (N.D. 1992)
Disciplinary Board v. Kaiser
,
484 N.W.2d 102 (N.D. 1992)
Disciplinary Board v. Britton
,
484 N.W.2d 110 (N.D. 1992)
Disciplinary Board v. Anderson
,
482 N.W.2d 285 (N.D. 1992)
Disciplinary Board v. Johnson
,
481 N.W.2d 225 (N.D. 1992)
Disciplinary Board v. Jenson
,
477 N.W.2d 818 (N.D. 1991)
Judicial Conduct Commission v. Kerian
,
482 N.W.2d 842 (N.D. 1991)
Disciplinary Board v. Goetz
,
474 N.W.2d 29 (N.D. 1991)
Disciplinary Board v. Bailey
,
472 N.W.2d 472 (N.D. 1991)
Disciplinary Board v. Johnson
,
472 N.W.2d 914 (N.D. 1991)
Disciplinary Board v. Britton
,
466 N.W.2d 101 (N.D. 1991)
Judicial Conduct Commission v. Wilson
,
461 N.W.2d 105 (N.D. 1990)
Disciplinary Board v. Galloway
,
465 N.W.2d 155 (N.D. 1990)
Disciplinary Board v. Palda
,
456 N.W.2d 772 (N.D. 1990)
Disciplinary Board v. Britton
,
456 N.W.2d 772 (N.D. 1990)
Disciplinary Board v. Britton
,
456 N.W.2d 771 (N.D. 1990)
Disciplinary Board v. Whitesides Larson
,
450 N.W.2d 771 (N.D. 1990)
Disciplinary Board v. Peterson
,
446 N.W.2d 254 (N.D. 1989)
Disciplinary Board v. Williams
,
445 N.W.2d 660 (N.D. 1989)
Disciplinary Board v. Disselhorst
,
444 N.W.2d 334 (N.D. 1989)
Disciplinary Board v. Teevens, Montgomery and Johnson
,
418 N.W.2d 789 (N.D. 1988)
Disciplinary Board v. Ellis
,
439 N.W.2d 808 (N.D. 1988)
Disciplinary Board v. Ellis
,
418 N.W.2d 788 (N.D. 1988)
Disability Inactive Status of Haugen
,
417 N.W.2d 854 (N.D. 1988)
Disciplinary Board v. Overboe
,
417 N.W.2d 853 (N.D. 1988)
Discplinary Board v. Williams
,
417 N.W.2d 183 (N.D. 1987)
Disciplinary Board v. Kraemer
,
411 N.W.2d 71 (N.D. 1987)
Disciplinary Board v. Bailey
,
408 N.W.2d 737 (N.D. 1987)
Disciplinary Board v. Bailey
,
402 N.W.2d 926 (N.D. 1987)
Disciplinary Board v. Britton
,
406 N.W.2d 364 (N.D. 1987)
Disciplinary Board v. Overboe
,
403 N.W.2d 1 (N.D. 1987)
Disciplinary Board v. Garcia
,
404 N.W.2d 50 (N.D. 1987)
Matter of Schirado
,
396 N.W.2d 729 (N.D. 1986)
Disciplinary Action Against Bailey
,
392 N.W.2d 828 (N.D. 1986)
Disciplinary Board v. Palda
,
383 N.W.2d 849 (N.D. 1986)
Disability of Williams
,
378 N.W.2d 678 (N.D. 1985)
Disciplinary Action Against White
,
378 N.W.2d 678 (N.D. 1985)
Disciplinary Action Against Cieminski
,
374 N.W.2d 347 (N.D. 1985)
Disciplinary Action Against Montgomery
,
374 N.W.2d 607 (N.D. 1985)
Disciplinary Action Against Moug
,
370 N.W.2d 567 (N.D. 1985)
Disciplinary Action Against Kraemer
,
370 N.W.2d 513 (N.D. 1985)
Disciplinary Action Against Kraemer
,
353 N.W.2d 36 (N.D. 1985)
Disciplinary Action Against Garcia
,
366 N.W.2d 482 (N.D. 1985)
Disciplinary Action Against Ostfield
,
373 N.W.2d 392 (N.D. 1985)
Disciplinary Action Against Lewis
,
367 N.W.2d 148 (N.D. 1985)
Disciplinary Action Against Lewis
,
360 N.W.2d 686 (N.D. 1985)
Disciplinary Action Against Schirado
,
364 N.W.2d 50 (N.D. 1985)
Disciplinary Action Against Myhre
,
358 N.W.2d 791 (N.D. 1984)
Disciplinary Action Against Nelson
,
355 N.W.2d 348 (N.D. 1984)
Disciplinary Action Against Nelson
,
353 N.W.2d 35 (N.D. 1984)
Disciplinary Action Against Dronen
,
352 N.W.2d 628 (N.D. 1984)
Disciplinary Action Against Lince
,
351 N.W.2d 94 (N.D. 1984)
Disciplinary Board v. McKennett
,
349 N.W.2d 29 (N.D. 1984)
Disciplinary Action Against Larson
,
346 N.W.2d 285 (N.D. 1984)
Matter of Swanson
,
337 N.W.2d 434 (N.D. 1983)
Disability of Palda
,
334 N.W.2d 15 (N.D. 1983)
Discipline of Hatlie
,
329 N.W.2d 123 (N.D. 1983)
Disciplinary Action Against O'Neil
,
326 N.W.2d 879 (N.D. 1982)
Disciplinary Action Against Cieminski
,
326 N.W.2d 883 (N.D. 1982)
Disciplinary Action Against Goetz
,
316 N.W.2d 84 (N.D. 1982)
Disciplinary Action Against Ulland
,
310 N.W.2d 709 (N.D. 1981)
Disciplinary Board of the Supreme Court v. Amundson
,
297 N.W.2d 433 (N.D. 1980)
Disciplinary Action Against McMahon
,
298 N.W.2d 372 (N.D. 1980)
Disciplinary Action Against Lovell
,
292 N.W.2d 76 (N.D. 1980)
Matter of Maragos
,
285 N.W.2d 541 (N.D. 1979)
Disciplinary Action Against Lee
,
283 N.W.2d 179 (N.D. 1979)
Disciplinary Action Against Jaynes
,
278 N.W.2d 429 (N.D. 1979)
Disciplinary Board v. Jelliff
,
271 N.W.2d 588 (N.D. 1978)
Judicial Qualifications Commission v. Cieminski
,
270 N.W.2d 321 (N.D. 1978)
Disciplinary Action Against Jaynes
,
267 N.W.2d 782 (N.D. 1978)
Disciplinary Action Against McKinnon
,
264 N.W.2d 449 (N.D. 1978)
Disciplinary Action Against McKinnon
,
200 N.W.2d 62 (N.D. 1978)
Disciplinary Board v. Allen
,
262 N.W.2d 25 (N.D. 1978)
Disciplinary Action Against Maddock
,
265 N.W.2d 229 (N.D. 1977)
Matter of Howe
,
257 N.W.2d 420 (N.D. 1977)
Matter of Walton
,
251 N.W.2d 762 (N.D. 1977)
Grievance Comm'n v. Pohlman
,
248 N.W.2d 833 (N.D. 1976)
Grievance Comm'n v. Malloy
,
248 N.W.2d 43 (N.D. 1976)
Grievance Commission v. Garcia
,
243 N.W.2d 383 (N.D. 1976)
Disciplinary Action Against Ivers
,
236 N.W.2d 887 (N.D. 1975)
Disciplinary Action Against Fosaaen
,
234 N.W.2d 867 (N.D. 1975)
Grievance Commission v. Christianson
,
253 N.W.2d 410 (N.D. 1972)
Grievance Commission v. Christianson
,
215 N.W.2d 920 (N.D. 1972)
Disciplinary Action Against Lince
,
200 N.W.2d 56 (N.D. 1972)
Matter of Anderson
,
210 N.W.2d 422 (N.D. 1972)
Matter of Anderson
,
195 N.W.2d 345 (N.D. 1972)
Disciplinary Action Against Lyons
,
193 N.W.2d 462 (N.D. 1971)
Disciplinary Action Against George
,
182 N.W.2d 868 (N.D. 1971)
Disciplinary Action Against Peterson
,
178 N.W.2d 738 (N.D. 1970)
Disciplinary Action Against Christianson
,
175 N.W.2d 8 (N.D. 1970)
Disciplinary Action Against Bosch
,
175 N.W.2d 11 (N.D. 1970)
Disciplinary Action Against Peterson
,
175 N.W.2d 132 (N.D. 1970)
Disciplinary Action Against Ramage
,
166 N.W.2d 557 (N.D. 1969)