Spring 2020 Gavel 268650 SBAND Gavel Magazine_web | Page 38

LAWYER DISCIPLINE An attorney was admonished for violation of Rule 5.5(a) and Rule 5.5(d) of the North Dakota Rules of Professional Conduct. The attorney in question was found to be inappropriately holding out to the public that they were able to practice law within North Dakota. The lawyer was doing so without being admitted, licensed, or otherwise allowed to be practicing in North Dakota. Due to this improper holding out, the lawyer was admonished. A lawyer was admonished for violating Rule 1.3 and Rule 1.4 of the North Dakota Rules of Professional Conduct regarding diligence and communication. Clear and convincing evidence was present that the lawyer lacked diligence in his handling of estate planning matters. The lawyer met with the client regarding an estate plan, however, considerable time passed, and the lawyer did not begin the work. Clear and convincing evidence was also present that the lawyer also did not inform the client the work had not been started on the estate plan, so the client was unable to make informed decisions about the representation. NORTHERN PLAINS WEATHER SERVICES Dr. Matthew Bunkers of Northern Plains Weather Services is a certified consulting meteorologist (CCM) and forensic meteorologist with over 25 years of weather analysis and forecasting experience. He can provide reports, depositions, and testimony in the areas of weather and forecasting, severe summer and winter storms, flooding, applied climatology and meteorology, agriculture meteorology, and statistics. More information is provided at http://npweather.com, and you can contact Matt at [email protected] or 605.390.7243. 38 THE GAVEL A lawyer was admonished for violating Rule 4.3 of the North Dakota Rules of Professional Conduct by failing to communicate his role or scope of involvement relating to legal proceedings before a city regarding open counsel seats. It was noted the lawyer had the right to be an activist, but there was a blurring of the lines with respect to what capacity the lawyer was appearing in when statements were being made and positions being taken during city meetings when the lawyer had been consulted in various capacities.