Winter 2018 Gavel Winter 2018 Gavel - Page 37

An attorney was admonished for a violation of Rule 1.5(b) of the North Dakota Rules of Professional Conduct. The attorney’s explanation regarding the fees to be assessed to the client were found to be inadequate and did not inform the client of what charges would be incurred during the representation and when. The attorney’s communications, fee agreement, and billings did not sufficiently inform the client with regard to the charges to be incurred, what services they corresponded to, and when they were incurred. An attorney was admonished for violations of Rules 1.15(d), 3.4(c), and 5.3 of the North Dakota Rules of Professional Conduct. The attorney’s actions within the underlying matter resulted in failures to promptly deliver property to a third party, comply with the rules of a tribunal, and sufficiently supervise a nonlawyer assistant. The attorney came into possession of vehicle titles that were to be delivered to a third party through probate proceedings and failed to notify the third party of the attorney’s possession thereof, which resulted in non-prompt delivery. Further, the attorney was under court order to deliver the titles, which was not done, in violation of the attorney’s obligation under court rules. Finally, the attorney failed to sufficiently monitor the work of the attorney’s staff, which resulted in the nonlawyer assistant signing and serving certificates of service. MAIXNER INVESTIGATIVE SERVICES “Real” investigative experience gained from being employed for 37 years as a Special Agent with the North Dakota Bureau of Criminal Investigation Offering thorough and professional services that include: • Case review • Case investigation • Exceptional interviewing skills • Polygraph services DALE MAIXNER NDPI #550 701-721-7306 Minot, ND WINTER 2018 37