Disciplinary Board v. Bolinske

Docket No. 20190109
Oral Argument: Thursday, June 20, 2019 2:45 PM

Docket Info

Title
In the Matter of the Application for
Disciplinary Action Against Robert V.
Bolinske, Sr., a Person Admitted to the Bar
of the State of North Dakota
----------
Disciplinary Board of the Supreme Court
of the State of North Dakota, Petitioner
v.
Robert V. Bolinske, Sr., Respondent
Case Type
DISCIPLINARY PROCEEDING-Lawyer : DISCIPLINARY PROCEEDINGS (Civil)
Appeal From
Case No. 6176-W-1708
2019 ND 213

Highlight

A lawyer is publicly reprimanded, ordered to pay partial costs of the disciplinary proceedings, and ordered to refund money to a client for violating N.D.R. Prof. Conduct 1.16(e).
Fee agreement including both a contingent fee and a non-refundable fee is not per se unreasonable under N.D.R. Prof. Conduct 1.5(a).
Rule 1.15(e), N.D.R. Prof. Conduct, requires a lawyer in possession of property in which two or more persons claim an interest to keep the disputed property separate until the dispute is resolved. The lawyer does not violate the Rule if there is no evidence he had possession of the property when he became aware of the dispute.
A lawyer is required to refund any advanced payment of fees not earned.


Briefs

Filing Date Description
05/24/2019 PETITIONER BRIEF View
05/24/2019 RESPONDENT BRIEF View
06/17/2019 REPLY BRIEF (filed subject to the approval of the Court) View

Counsel

Party Type Name
PETITIONER DISCIPLINARY STAFF Kara Jean Erickson - 06287
RESPONDENT PRO SE Robert V Bolinske - 03266

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

Seq. # Filing Date Description Attachment
1 04/03/2019 REPORT OF DISCIPLINARY BOARD/HEARING BODY
2 04/05/2019 DISCIPLINARY BOARD SECRETARY SERVED REPORT
3 04/05/2019 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
4 04/05/2019 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
5 04/24/2019 MOTION FOR Extension of Time to File Exceptions
6 04/25/2019 ACTION BY CLERK - Granted : 05/06/2019
7 05/03/2019 EXCEPTIONS TO FINDINGS
8 05/03/2019 Paper Filed Document
9 05/15/2019 CERTIFICATE OF RECORD (ENTRY NOS. 1-48)
10 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
11 05/24/2019 SITTING WITH THE COURT : Goodman, Ronald E.
12 05/24/2019 PETITIONER BRIEF View
13 05/24/2019 PETITIONER APPENDIX
14 05/24/2019 RESPONDENT BRIEF View
15 05/24/2019 RESPONDENT APPENDIX (filed for whatever purpose the Court deems appropriate)
16 05/24/2019 AMENDED EXCEPTIONS TO FINDINGS (filed for whatever purpose the Court deems appropriate)
17 05/29/2019 SITTING WITH THE COURT : Graff, Benny A.
18 05/29/2019 Rec'd 6 copies of Petitioner's Brief and Appendix from CSD
19 05/29/2019 Rec'd 6 copies of Respondent's Brief and Appendix from CSD
20 05/30/2019 ANNOUNCED DISQUALIFICATION : Graff, Benny A.
21 05/30/2019 SITTING WITH THE COURT : Anderson, Norman G.
22 06/04/2019 ANNOUNCED DISQUALIFICATION : Goodman, Ronald E.
23 06/04/2019 SITTING WITH THE COURT : Nelson, David W.
24 06/10/2019 MOT. FOR LEAVE TO FILE AND FOR EXT/TIME REPLY BRIEF
25 06/10/2019 Paper Filed Document
26 06/10/2019 ACTION BY SUPREME COURT - Granted : 06/13/2019
27 06/12/2019 MOTION FOR EXTENSION OF REPLY BRIEF PAGE LIMIT
28 06/12/2019 Paper Filed Document
29 06/14/2019 ACTION BY SUPREME COURT (not more than 15 pages) - Granted
30 06/14/2019 Non-Compliant RYB rec'd; given until 6-17-19 at 12pm to revise (page limit)
31 06/17/2019 REPLY BRIEF (filed subject to the approval of the Court) View
32 06/20/2019 APPEARANCES: Kara Erickson and Ryan Heintz/Robert Bolinske Sr.
33 06/20/2019 ARGUED: Erickson/Bolinske
34 06/20/2019 ORAL ARGUMENT WEBCAST
35 06/20/2019 Exhibit 1 provided during oral argument
36 07/15/2019 MOTION TO FILE DOCUMENT AND BRIEF IN SUPPORT THEROF
37 07/15/2019 Paper Filed Document
38 07/17/2019 ACTION BY ACTING CHIEF JUSTICE CROTHERS
39 08/19/2019 DISPOSITION
40 08/19/2019 UNANIMOUS OPINION : Per Curiam View
41 08/19/2019 Reprimanded and ordered to pay partial costs and expenses of $3,300; 20190110 remanded
42 08/19/2019 Order sent to district court judges, clerks, etc.
43 08/21/2019 Judgment Sent to Parties
44 08/21/2019 COSTS AND EXPENSES DUE (delete when satisfied) : 10/21/2019
45 08/21/2019 Summary
46 08/21/2019 Notice of Discipline Sent to SBAND, Bismarck Tribune