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Disciplinary Board v. Giese

Docket No. 20020315
Oral Argument: Monday, February 24, 2003 10:45am

Docket Info

Title
In the Matter of Disciplinary Action
Against Bryan L. Giese, 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.
Bryan L. Giese, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No.
2003 ND 82662 N.W.2d 250
Oral Argument 2/24/2003

Highlight

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.


Briefs

Filing Date Description
12/31/2002 PETITIONER BRIEF (DB)
01/21/2003 RESPONDENT BRIEF

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Paul W Jacobson - 03631
RESPONDENT PRO SE Bryan L. Giese - 03665

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

Seq. # Filing Date Description Attachment
1 11/12/2002 REPORT OF Hearing Panel (Part of Record)
2 11/12/2002 REPORT OF HEARING BODY SERVED ON PARTIES/COUNSEL
3 11/14/2002 Original Transcript dated September 19, 2002
4 11/21/2002 2 copies of transcript dated September 19, 2002
5 11/21/2002 DISK of TRA
6 12/02/2002 RESPONDENT'S OBJECTIONS TO THE REPORT OF THE HEARING PANEL DATED NOVEMBER 5,6, & 8, 2002
7 12/02/2002 Certificate of Record
8 12/30/2002 MOT. EXT/TIME RESPONDENT BRIEF
9 12/30/2002 ACTION BY CHIEF DEPUTY CLERK (with understanding on February Term) - Granted : 01/20/2003
10 12/31/2002 PETITIONER BRIEF (DB)
11 12/31/2002 PETITIONER'S APPENDIX
12 01/07/2003 Corrected TOA & pages 21 & 30 for PTB
13 01/07/2003 DISK - PTB
14 01/21/2003 RESPONDENT BRIEF
15 01/21/2003 RESPONDENT'S APPENDIX
16 01/29/2003 Table of Contents for Respondent's Appendix, corrected TOC and pages 9,12,14,16,&24 for RPB
17 01/29/2003 DISK - (RPB)
18 02/10/2003 RESPONDENT'S MOTION FOR AMENDMENT OF TIME OR CONTINUANCE OF DATE SET FOR ORAL ARGUMENT
19 02/10/2003 ACTION BY CHIEF JUSTICE (OA rescheduled to Monday, Feb. 24 at 10:45 a.m.) - Granted
20 02/10/2003 NOTICE OF APPEARANCE (John Olson will be representing the Respondent in all future matters)
21 02/24/2003 APPEARANCES: Paul W. Jacobson; John M. Olson, Bryan L. Giese
22 02/24/2003 ARGUED: Jacobson; Olson (Vol. Y; Page 92)
23 02/24/2003 ORAL ARGUMENT WEBCAST
24 06/03/2003 DISPOSITION (Suspension)
25 06/03/2003 UNANIMOUS OPINION : Per Curiam View
26 06/03/2003 Bryan L. Giese is suspended from the practice of law for 90 days effective August 1, 2003
27 06/03/2003 for violation of N.D.R. Prof. Conduct 1.8, 3.1, 3.2, and 8.4(e), & N.D.R. Lawyer Discipl. 1.2(A)(3)
28 06/03/2003 Giese is further ordered to pay restitution of $1,824.24 to the estate of Alma Conitz
29 06/03/2003 Giese to pay the costs and expenses of the disciplinary proceeding in the amount of $2,714.68
30 06/04/2003 Judgment Mailed to Parties
31 06/19/2003 Notice of Publication (Bismarck Tribune)
32 07/18/2003 Affidavit of Identification
33 07/18/2003 JUDGMENT TRANSCRIBED TO Morton Co.
34 07/22/2003 Notice of Transcription from Morton County Court
35 08/06/2003 Payment of costs in the amount of $2,714.68; receipt #15180
36 08/08/2003 Acknowledgment of Satisfaction of Judgment
37 08/11/2003 Certified copy of Acknowledgment of Satisfaction of Judgment sent to Morton Co. Clerk of Court
38 09/15/2003 Affidavit of Bryan L. Giese & Notice of Status RE:Compliance with Rule 6.3 of N.D.R.Lawyer Discipl.
39 10/27/2003 Affidavit of Bryan Giese in support of reinstatement under N.D.R. Lawyer Discipl. 4.5(B)
40 10/28/2003 Copy of letter and check dated June 12, 2003, forwarding the Court ordered restitution
41 10/29/2003 ORDER OF REINSTATEMENT
42 10/29/2003 Order of Reinstatement Mailed to Bryan Giese, John Olson, Paul Jacobson, Richard H. McGee,
43 10/29/2003 Complainant, Mandan News, & SBAND and e-mailed to SCJD judges, clerks, & court administrator
44 01/19/2010 EXPUNGED - Nonpermanent record items destroyed