LAWYER DISCIPLINE
Discipline Summaries
NOTICE OF ORDER REPRIMANDING ATTORNEY
In the Matter of the Application for Disciplinary Action Against Joel A . Flom , 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 . Joel A . Flom , Respondent
No . 6531-SE-2005
Joel A . Flom was retained to represent a client through its insurer . The client also retained independent counsel to represent its interests and assist with voluminous discovery requests . Although independent counsel requested to be copied on communications , Flom did not do so for all communications . Flom did not notify the client or independent counsel of mediation or consult them during mediation . He did not consult them about settlement following mediation . Flom consulted only the insurer , because the insurance contract allowed it to settle the matter within policy limits . Flom did not advise the client of this contractual provision , and neither independent counsel nor the client authorized the settlement . The matter was settled January 23 , 2020 , but Flom did not notify independent counsel that the discovery responses were not necessary until March 6 , 2020 , when the client contacted Flom to provide discovery .
Flom admitted his conduct in handling the client ’ s case was due to negligence ; the client was potentially harmed because discovery costs could have been reduced had it been informed of settlement in January rather than March ; and that his conduct violated N . D . R . Prof . Conduct 1.2 and N . D . R . Prof . Conduct 1.4 . Flom consented to a reprimand by the hearing panel and to pay costs and expenses in the amount of $ 250 .
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