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Disciplinary Board v. Allen

Docket No. 20170061
Oral Argument: Tuesday, May 30, 2017 9:30 AM

Docket Info

Title
In the Matter of the Application for
Disciplinary Action Against Gene W.
Allen, 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.
Gene W. Allen, Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No. 5757-NE-1412
2017 ND 199900 N.W.2d 240
Oral Argument 5/30/2017

Highlight

Although N.D.R. Prof. Conduct 1.8(l) exempts attorneys with familial relationships from the absolute ban against serving in the dual capacities of fiduciary and lawyer for the fiduciary, it does not relieve them from duties owed under the law and the rules of professional conduct.
The Supreme Court defers to a hearing panel's findings on the credibility of a witness.
Circumstantial evidence can establish clear and convincing evidence of a violation of the rules of professional conduct.
For violations of N.D.R. Prof. Conduct 1.7 (conflict of interest), 1.9 (duties to former client), and 8.4 (misconduct) while serving as his mother's attorney-in-fact and as the personal representative of her estate, a lawyer is suspended from the practice of law for six months and ordered to pay $15,360.77 for the costs and expenses of the proceedings.


Briefs

Filing Date Description
04/07/2017 RESPONDENT BRIEF
04/12/2017 PETITIONER BRIEF

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Kara Jean Erickson - 06287
RESPONDENT PRIVATE PRACTICE Gene W. Allen - 06887
PETITIONER DISCIPLINARY STAFF Ryan A. Heintz - 06951
RESPONDENT PRIVATE PRACTICE Ronald H McLean - 03260

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

Seq. # Filing Date Description Attachment
1 02/16/2017 REPORT OF DISCIPLINARY BOARD/HEARING BODY
2 02/18/2017 DISCIPLINARY BOARD SECRETARY SERVED REPORT
3 03/08/2017 CERTIFICATE OF RECORD (ENTRY NOS. 1-31)
4 03/08/2017 TRANSCRIPT DATED August 24-25, 2016 (part of record)
5 03/10/2017 EXCEPTIONS TO FINDINGS BY RESPONDENT
6 04/07/2017 Rec'd non-compliant brief PTB; sent back for corrections (word limit 32(7)(A))
7 04/07/2017 RESPONDENT'S APPENDIX
8 04/07/2017 E-FILED APPENDIX
9 04/07/2017 RESPONDENT BRIEF
10 04/07/2017 E-FILED BRIEF
11 04/07/2017 RESPONDENT APPENDIX
12 04/07/2017 E-FILED APPENDIX
13 04/12/2017 Rec'd compliant PTB; sent back for revision (over word limit 32(7)(a))
14 04/12/2017 PETITIONER BRIEF
15 04/12/2017 E-FILED BRIEF
16 04/12/2017 Rec'd $25 surcharge RPB & $214 for appendix being over page limit (receipt #25191)
17 04/13/2017 Rec'd 6 copies of PTB & RPB and 6 copies of both appendices
18 04/18/2017 NOTICE OF ORAL ARGUMENT SENT
19 05/30/2017 APPEARANCES: Kara J. Erickson; Ryan A. Heintz; Ronald H. McLean : 01/01/1900
20 05/30/2017 ARGUED: Ryan A. Heintz; Ronald H. McLean : 01/01/1900
21 05/30/2017 ORAL ARGUMENT WEBCAST : 01/01/1900
22 08/02/2017 DISPOSITION
23 08/02/2017 UNANIMOUS OPINION : Per Curiam View
24 08/02/2017 Judgment Sent to Parties
25 08/02/2017 Notice of Discipline Sent to SBAND, Golden Valley News
26 08/02/2017 Concurring, specially
27 08/02/2017 SUSPENSION ORDERED FOR SIX MONTHS, pay costs of $15,360.77
28 08/03/2017 SUMMARY
29 08/03/2017 Notice of Discipline Sent to SBAND, Golden Valley News
30 08/17/2017 PETITION FOR REHEARING (PDF)(filed subject to the approval of the Court)
31 08/17/2017 E-FILED BRIEF (PDF)
32 08/18/2017 Rec'd non-substantive corrections to PER (para #s, c.o.s.)
33 08/29/2017 ACTION BY SUPREME COURT - Denied
34 09/11/2017 Affidavit of Publication - Golden Valley News
35 09/14/2017 Rule 6.3 Notice of Compliance
36 09/29/2017 Receipt of $15,360.77 for costs and expenses (Rec. #25511)
37 02/28/2018 Affidavit of Compliance under N.D.R. Lawyer Discipl. 4.5
38 03/01/2018 ORDER OF REINSTATEMENT - EFFECTIVE 3/1/18
39 03/01/2018 Order Sent to Parties