Disciplinary Board v. Bolinske

Citations

• 2019 ND 213

Syllabus

A lawyer is publicly reprimanded, ordered to pay partial costs of the disciplinary proceedings, and ordered to refund money to a client for violating N.D.R. Prof. Conduct 1.16(e). Fee agreement including both a contingent fee and a non-refundable fee is not per se unreasonable under N.D.R. Prof. Conduct 1.5(a). Rule 1.15(e), N.D.R. Prof. Conduct, requires a lawyer in possession of property in which two or more persons claim an interest to keep the disputed property separate until the dispute is resolved. The lawyer does not violate the Rule if there is no evidence he had possession of the property when he became aware of the dispute. A lawyer is required to refund any advanced payment of fees not earned.