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 213932 N.W.2d 368
Oral Argument
6/20/2019
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.
(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 - Denied | |
| 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 | Summary | |
| 45 | 08/21/2019 | Notice of Discipline Sent to SBAND, Bismarck Tribune | |
| 46 | 09/03/2019 | AFFIDAVIT OF PUBLICATION | |
| 47 | 10/07/2019 | Corrected Opinion Page - Corrects Paragraph 39, Line 2 and replaces (I) with (i) | |
| 48 | 11/25/2019 | Affidavit of Identifiation | |
| 49 | 11/25/2019 | JUDGMENT TRANSCRIBED TO BURLEIGH COUNTY | |
| 50 | 11/27/2019 | Notice of Filing Foreign Judgment | |
| 51 | 01/22/2020 | MOTION TO VACATE JUDGMENT - RspDue : 02/10/2020 | |
| 52 | 01/23/2020 | Paper Filed Document | |
| 53 | 01/24/2020 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
| 54 | 02/10/2020 | Response Filed to Motion to Vacate Judgment | |
| 55 | 02/18/2020 | ACTION BY SUPREME COURT - Denied | |
| 56 | 02/19/2020 | Order/Judgment Sent to Parties |