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
[email protected]
701-721-7306 Minot, ND
WINTER 2018
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