A new Guess Who will be coming next issue !
LAWYER DISCIPLINE
Disciplinary Board of the Supreme Court of North Dakota , Petitioner , v . Nicole E . Foster , Respondent No . 20170150-20170151
A hearing panel of the Disciplinary Board recommended Nicole E . Foster be disbarred from the practice of law in North Dakota . The two matters involved in this disciplinary action arise out of the same circumstances as Supreme Court Nos . 20160403-20160434 , in which Foster was disbarred on May 1 .
Foster failed to be diligent in handling her clients ’ cases ; failed to make reasonable efforts to keep the clients reasonably informed about their respective matters and failed to adequately communicate with them ; collected unreasonable fees compared to the amount of work done for the clients ; and did not return a client file or unearned fees after she abandoned her representation of him .
After considering the aggravating and mitigating factors , the hearing panel concluded disbarment was the appropriate sanction . The Supreme Court adopted the hearing panel ’ s conclusion that Foster violated N . D . R . Prof . Conduct 1.3 , 1.4 , 1.5 , and 1.16 in these matters . The Court ordered that Foster be disbarred from the practice of law , that she pay $ 250 in costs of the disciplinary proceedings , that she pay restitution to the client protection fund , and that she pay $ 2,500 restitution to one client .
Disciplinary Board of the Supreme Court of the State of North Dakota , Petitioner , v . Jesse D . Matson , Respondent No . 20170101-20170121
The Supreme Court considered the report of a hearing panel of the Disciplinary Board recommending that Jesse D . Matson be disbarred from the practice of law in North Dakota ; that he pay the costs and expenses of the disciplinary proceeding ; and that he reimburse clients for violation of N . D . R . Prof . Conduct 1.1 , 1.3 , 1.4 , 1.5 , 1.16 , 3.2 , 3.3 , 8.4 , and N . D . R . Lawyer Discipline 6.3 .
Matson was admitted to practice law in North Dakota on October 10 , 2011 . On September 15 , 2015 , Matson was placed on interim suspension . See Disciplinary Board v . Matson , 2015 ND 222 , 869 N . W . 2d 128 . This matter involves 21 consolidated disciplinary actions in which Matson represented clients in civil and criminal matters . Matson collected advance fees from clients , did not deposit the fees in an identifiable interest bearing trust account , and did not maintain records regarding fees and work performed . He failed to perform the work to justify the fees or return unearned funds to clients failed to perform the work to justify the fees collected , and failed to return any unearned funds to clients . Matson misappropriated and converted client funds and property .
While practicing law , Matson submitted incomplete and poor quality paperwork ; failed to understand the requirements of hearings ; failed to be aware of pertinent statutes of limitations for claims ; failed to submit responses or objections to filed documents or requests by opposing counsel and submitted untimely responses ; failed to review documents provided by opposing parties ; failed to appear at hearings ; failed to monitor the status of proceedings ; failed to forward pertinent settlement documents ; failed to prepare for hearings ; failed to return communications from clients ; failed to provide updates on the status of ongoing matters ; failed to communicate and discuss the substance of settlement offers ; failed to expedite litigation ; and failed to provide requested information to clients . With regard to the matter involving an opposing party , Matson filed numerous documents serving no legitimate purpose , causing the attorney ’ s fees of the opposing party to needlessly increase .
Matson materially misrepresented facts when he told multiple clients he would or had completed work on their matters , but work had not been started or had not been completed . Matson also misrepresented facts when communicating with clients , courts , and opposing counsel .
Matson had no contact with clients after September 15 , 2015 . Matson abandoned his practice without good cause or notice to clients . He terminated representation of clients without being otherwise discharged from representation , and he did not return clients ’ files .
Matson failed to notify clients of his interim suspension from the practice of law as required by this Court ’ s order in Matson , 2015 ND 222 , 869 N . W . 2d 128 and N . D . Discipl . R . 6.3 . He failed to pay the costs and expenses ordered in Matson .
The Supreme Court accepted the findings of fact , conclusions of law , and recommendations of the hearing panel and ordered Matson disbarred from the practice of law in North Dakota effective immediately . It ordered Matson to pay the costs and expenses in the amount of $ 250 ; pay restitution to complaining clients as outlined in the opinion within 90 days of entry of the judgment ; and pay restitution to the North Dakota Client Protection Fund for any amounts paid now or in the future on his behalf within 90 days of entry of the judgment .
A new Guess Who will be coming next issue !
Congratulations to Robert G . Manly , who was drawn as the winner from the correct guesses for Guess Who in the Spring 2017 issue .
Last issue ’ s answers : ( L to R ) Bernie Reynolds , Wade Webb , Dan Dunn , Kim Brust , and Todd Webb .
If you have any pictures you would like to see featured in Guess Who , send them to tony @ sband . org .
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