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Disciplinary Board v. McKechnie

Docket No. 20020194
Oral Argument: Tuesday, October 29, 2002 9:30am

Docket Info

Title
In the Matter of the Application for
Disciplinary Action Against William E.
McKechnie, 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.
William E. McKechnie, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.
2003 ND 22656 N.W.2d 661
Oral Argument 10/29/2002

Highlight

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.

Briefs

Filing Date Description
09/13/2002 Disciplinary Counsel's Brief
09/16/2002 RESPONDENT BRIEF

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Loralyn Kay Hegland - 05169

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

Seq. # Filing Date Description Attachment
1 07/26/2002 REPORT OF HEARING PANEL (copy)
2 07/26/2002 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
3 07/31/2002 Transcript dated March 5, 2002
4 07/31/2002 DISK - TRA (3-5-02)
5 08/01/2002 Disciplinary Counsel's Objections to Report of Hearing Panel with Findings & Conclusions & to Order
6 08/01/2002 of Discipline
7 08/07/2002 CERTIFICATE OF RECORD (returned to hearing panel)
8 08/15/2002 Objections by Respondent William E. McKechnie to Report of Hearing Panel with Findings,Conclusions,
9 08/15/2002 and Order for Discipline
10 09/04/2002 Supplemental ROA (Entries 69-75)
11 09/13/2002 Disciplinary Counsel's Brief
12 09/13/2002 Disciplinary Counsel's APPENDIX
13 09/16/2002 RESPONDENT BRIEF
14 09/16/2002 DISK - RPB (e-mailed)
15 09/16/2002 Corrected page ii & iii of TOA & pages 15 & 16 for PTB
16 09/16/2002 DISK - PTB
17 09/25/2002 Request for Radio/TV Coverage - AP (e-mail dated 9-25-02 from Dale Wetzel) (APPROVED)
18 10/07/2002 Supplemental ROA (76-81)
19 10/29/2002 APPEARANCES: Loralyn K. Hegland; James S. Hill, William E. McKechnie
20 10/29/2002 ARGUED: Hegland; Hill (Vol. Y; Page 46)
21 10/29/2002 ORAL ARGUMENT WEBCAST
22 02/19/2003 DISPOSITION (Reprimanded)
23 02/19/2003 UNANIMOUS OPINION : Per Curiam View
24 02/19/2003 William E. McKechnie publicly reprimanded for violation of N.D.R.Prof.C. 1.4(b)
25 02/19/2003 "A lawyer shall explain matters related to the representation to the extent reasonably
26 02/19/2003 necessary to permit the client to make informed decision."
27 02/19/2003 William E. McKechnie is to pay the costs of the disciplinary proceedings in the amount of $5375.59
28 02/20/2003 Judgment Mailed to Parties
29 03/10/2003 Affidavit of Publication - Grand Forks Herald
30 03/25/2003 Affidavit of Identification
31 03/25/2003 JUDGMENT TRANSCRIBED TO Grand Forks Co.
32 03/31/2003 Notice of filing from Grand Forks County District Court
33 04/11/2003 Letter from Paul Jacobson to James Hill indicating that McKechnie may make payments of $300 per
34 04/11/2003 month commencing June 1, 2003
35 06/18/2003 Payment of $300 on costs and expenses of Disciplinary Board (receipt no. 14842)
36 06/18/2003 Acknowledgment of Partial Satisfaction of Judgment
37 09/11/2003 Payment of $600 on costs (for August & September)
38 09/18/2003 Acknowledgment of Partial Satisfaction of Judgment
39 12/02/2009 EXPUNGED - Nonpermanent record items destroyed