Spring 2022 Gavel-FINAL | Page 38

LAWYER DISCIPLINE

Discipline Summaries
NOTICE OF ORDER REPRIMANDING ATTORNEY
In the Matter of the Application for Disciplinary Action Against Rodney E . Pagel , 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 . Rodney E . Pagel , Respondent No . 6628-SE-2103
Rodney E . Pagel was retained to represent a client in a divorce . He and his client ’ s professional relationship developed into an emotional attachment . Pagel admitted he violated N . D . R . Prof . Conduct 1.7 ( b ) as a result of a failure to maintain an effective and professional fiduciary relationship with his client , particularly when his own interests in his relationship with the client were likely to affect the representation . Pagel , disciplinary counsel , and the hearing panel acknowledged aggravating factors of a selfish motive , a vulnerable client , and Pagel ’ s substantial experience in the practice of law . They acknowledged mitigating factors of no previous disciplinary history , a timely effort to rectify the consequences of his misconduct , cooperation in the proceedings , a good reputation as a divorce lawyer , and remorse . Pagel consented to a reprimand by the hearing panel and was placed on probation for one year with a requirement that he have no similar issues with conflicts of interest . He also agreed to pay costs and expenses in the amount of $ 250 .
NOTICE OF ORDER REPRIMANDING ATTORNEY
In the Matter of the Application for Disciplinary Action Against Ashley L . Lies , 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 . Ashley L . Lies , Respondent No . 6616-NE-2102
Ashley L . Lies was retained to represent a client regarding a civil matter , which was settled . Lies admitted she was negligent when she brought a second petition in the same matter by not having the legal knowledge necessary regarding claim preclusion and related concepts and by not understanding the terms of the settlement agreement . Because of her conduct , her client and the opposing parties incurred unnecessary legal expenses to resolve the second petition , which were paid by a trust and depleted trust assets . Lies admitted her conduct was negligent and violated N . D . R . Prof . Conduct 1.1 .
Lies , disciplinary counsel , and the hearing panel acknowledged mitigating factors that Lies has no prior discipline history or a dishonest or selfish motive . She was experiencing personal problems and mental health issues at the time of the representation . She was cooperative with the disciplinary process and has shown remorse . Lies consented to a reprimand by the hearing panel , was required to complete three hours of continuing legal education related to civil litigation with an attempt to focus on the issues of collateral , estoppel , and res judicata within 90 days , and was required to pay costs and expenses in the amount of $ 250 .
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