Winter 2023 Gavel | Page 38

LAWYER DISCIPLINE

NOTICE OF ORDER DISBARRING ATTORNEY
Disciplinary Board of the Supreme Court of North Dakota , Petitioner v . Stephen J . Baird , Respondent No . 20220300
The North Dakota Supreme Court considered the report of a hearing panel of the Disciplinary Board recommending Stephen J . Baird be disbarred from the practice of law in North Dakota .
Baird failed to answer the complaint and was in default . He was retained to represent a client regarding immigration matters in 2017 . Baird was unprepared , failed to file documents , and failed to communicate with the client . Upon the client hiring new counsel , Baird failed to timely provide counsel with the client ’ s file . The hearing panel concluded Baird violated N . D . R . Prof . Conduct 1.3 , Diligence , by failing to act with reasonable diligence and promptness ; 1.4 , Communication , by failing to keep the client reasonably informed about the status of a matter and by failing to respond to reasonable requests for information ; and 1.16 ( e ), Declining or Terminating Representation , by failing to take reasonable steps to protect the client ’ s interests by making a timely transition of her cases to subsequent counsel as requested by the client and by failing to provide a complete copy of the client file to alternate counsel . After considering aggravating and mitigating factors , the hearing panel recommended the sanction of disbarment .
The Supreme Court accepted the hearing panel ’ s report and ordered Baird disbarred from the practice of law in North Dakota effective immediately . The Court ordered Baird to pay restitution to the client protection fund and comply with N . D . R . Lawyer Discipl . 6.3 regarding notice .
NOTICE OF ORDER DISBARRING ATTORNEY
Disciplinary Board of the Supreme Court of North Dakota , Petitioner v . Stephen J . Baird , Respondent Nos . 20210239 , 20210329 , & 20210330
The North Dakota Supreme Court considered the report of a hearing panel of the Disciplinary Board recommending Stephen J . Baird be disbarred from the practice of law in North Dakota , be assessed costs and expenses of the disciplinary proceedings , and refund advance fees paid by prior clients . the work and did not return the client ’ s file or unearned fees after temporarily abandoning and then terminating the representation . In the second complaint , the client paid Baird $ 2,000 to represent him in an application for asylum . In the third complaint , the client paid Baird $ 1,800 to represent him in obtaining a green card , work authorization , and travel permit . In all three matters , Baird failed to diligently complete the work , and failed to reasonably communicate with his clients .
The Supreme Court accepted the hearing panel ’ s report and ordered Baird disbarred from the practice of law in North Dakota effective immediately . The Court ordered Baird to refund the three clients ’ fees of $ 750 , $ 2,000 , and $ 1,800 ; pay $ 5,528.78 for the costs and expenses of the disciplinary proceedings ; pay restitution to the client protection fund ; and comply with N . D . R . Lawyer Discipl . 6.3 regarding notice .
NOTICE OF ORDER SUSPENDING ATTORNEY
Disciplinary Board of the Supreme Court of North Dakota , Petitioner v . Kristin A . Overboe , Respondent No . 20220352
The North Dakota Supreme Court considered the application of the disciplinary counsel ’ s office requesting Kristin A . Overboe be interim suspended from the practice of law in North Dakota until further order of the court , pending final disposition of the disciplinary proceedings predicated upon the complaint filed . The application stated the documents submitted establish grounds to believe Overboe has been experiencing a gradual , yet consistent , degeneration of her mental health . Further , the degeneration has reached a point where it is the belief of the Office of Disciplinary Counsel that Overboe can no longer competently represent her clients and poses an imminent threat to their interests and any potential future clients . In response , Overboe stated , “ I really don ’ t want to do this . I ’ m too tired . You guys can just suspend me .”
The Supreme Court ordered Kristin A . Overboe ’ s license to practice law is SUSPENDED effective immediately , and until further order of this Court , pending final disposition of the disciplinary proceedings predicated upon the complaint filed .
Baird was admitted to practice law in North Dakota in 2013 . In the three complaints considered , Baird represented clients in immigration matters .
In the first complaint , the client paid Baird $ 750 to represent the client to change his immigration status . Baird did not perform
38 THE GAVEL