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Disciplinary Board v. Leier

Docket No. 19960248
Oral Argument: Tuesday, April 8, 1997 2:45pm

Docket Info

Title
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
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.

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Briefs

Filing Date Description
02/20/1997 Disciplinary Board Brief w/ attached Addendum
02/20/1997 RESPONDENT BRIEF (Patrick Leier)

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Vivian Elaine Berg - 03548

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
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
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