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Disciplinary Board v. Hoffman

Docket No. 20120290
Oral Argument: Wednesday, November 28, 2012 10:00am

Docket Info

Title
In the Matter of the Application for Disciplinary
Action Against Michael R. Hoffman, A Member of
the Bar of the State of North Dakota
---------------------
Disciplinary Board of the
Supreme Court, Petitioner
v.
Michael R. Hoffman, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No. 5153-W-1103
2013 ND 137834 N.W.2d 636
Oral Argument 11/28/2012

Highlight

A lawyer is precluded from making an agreement to charge or collect an unreasonable fee.
Even though an agreement between a lawyer and client may designate a minimum fee as nonrefundable, a lawyer may still be required to refund unearned portions under the Rules of Professional Conduct.


Briefs

Filing Date Description
09/28/2012 PETITIONER BRIEF (Disciplinary Counsel)
09/28/2012 RESPONDENT BRIEF & Addendum

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Paul W Jacobson - 03631
RESPONDENT PRIVATE PRACTICE Thomas A. Dickson - 03800
RESPONDENT PRIVATE PRACTICE Not Licensed in ND - 00002
PETITIONER DISCIPLINARY STAFF Brent J Edison - 04181

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

Seq. # Filing Date Description Attachment
1 07/17/2012 HEARING PANEL'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
2 07/19/2012 HEARING PANEL'S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION SERVED ON PARTIES/COUNSEL
3 08/02/2012 Certificate of Record
4 08/08/2012 Updated Affidavit of Nancy Hollander
5 08/09/2012 LAWYERS OBJECTIONS TO REPORT
6 08/14/2012 Copy of Transcript dated 4-11-12 (Original is #37 in Record)
7 08/14/2012 DISK of TRA (CD)
8 09/06/2012 MOT. EXT/TIME RESPONDENT BRIEF
9 09/06/2012 ACTION BY CLERK - Granted : 09/21/2012
10 09/06/2012 MOT. EXT/TIME PETITIONER BRIEF
11 09/06/2012 E-FILED MOTION
12 09/06/2012 ACTION BY CLERK - Granted : 09/28/2012
13 09/21/2012 MOT. EXT/TIME RESPONDENT BRIEF
14 09/21/2012 ACTION BY CLERK - Granted : 09/28/2012
15 09/21/2012 MOT. EXT/TIME PETITIONER BRIEF (sua sponte)
16 09/21/2012 ACTION BY CLERK (sua sponte) - Granted : 09/28/2012
17 09/28/2012 PETITIONER BRIEF (Disciplinary Counsel)
18 09/28/2012 Petitioner's APPENDIX (Disciplinary Counsel)
19 09/28/2012 DISK - PTB (CD-ROM)
20 09/28/2012 RESPONDENT BRIEF & Addendum
21 09/28/2012 Respondent's APPENDIX
22 09/28/2012 DISK - RPB (e-mailed)
23 10/02/2012 Red covers for Respondent's Brief & Addendum
24 10/18/2012 NOTICE OF ORAL ARGUMENT SENT
25 11/28/2012 APPEARANCES: Paul W. Jacobson; Thomas A. Dickson; Nancy Hollander
26 11/28/2012 ARGUED: Paul W. Jacobson; Nancy Hollander
27 11/28/2012 ORAL ARGUMENT WEBCAST
28 07/23/2013 DISPOSITION
29 07/23/2013 UNANIMOUS OPINION View
30 07/23/2013 Ordered to refund $25,460 with interest at the legal rate from September 22, 2010, within 60 days
31 07/23/2013 and pay partial costs and expenses of disciplinary proceeding in the amount of $2,400
32 07/23/2013 Opinion sent to District Court Judges, Clerks, etc.
33 07/23/2013 Corrected Opinion Page (paragraph 33, line 1, "beached" changed to "breached")
34 07/24/2013 Summary
35 07/24/2013 Notice of Discipline sent to SBAND, The Bismarck Tribune
36 07/24/2013 Judgment Sent to Parties
37 08/09/2013 Affidavit of publication
38 09/05/2013 2nd Corrected/Substitute Opinion Page (Paragraph 14, Line 8-replaces "lawyers" with "lawyer's")
39 09/11/2013 MOTION TO STAY JUDGEMENT BY RESPONDENT
40 09/18/2013 ACTION BY SUPREME COURT - Granted
41 10/25/2013 Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court
42 12/23/2013 Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari
43 01/31/2014 Received $2,400.00 payment for costs and expenses (Receipt #22615)
44 05/15/2014 Acknowledgment of Satisfaction of Judgment
45 08/31/2021 EXPUNGED - Nonpermanent record items destroyed