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PUBLIC DISCIPLINE: JUNE 2012 – PRESENT - Minnesota CLE

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<strong>PUBLIC</strong> <strong>DISCIPLINE</strong>: <strong>JUNE</strong> <strong>2012</strong> <strong>–</strong> <strong>PRESENT</strong><br />

REINSTATEMENT GRANTED<br />

1. Barbara Ann Nimis, 816 N.W.2d 479 (June 19, <strong>2012</strong>)<br />

a. Attorney suspended May 3, <strong>2012</strong> for a minimum of 30 days. Attorney<br />

has complied with the terms of the suspension order, except for<br />

successful completion of the MPRE<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion of the MPRE by May 3, 2013.<br />

2. Stephen Vincent Grigsby, 822 N.W.2d 291 (Oct. 23, <strong>2012</strong>)<br />

a. Attorney suspended July 11, <strong>2012</strong> for 60 days. Attorney has complied with<br />

the terms of the suspension order, except for successful completion of the<br />

MPRE.<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion of the MPRE by July lt 2013.<br />

3. Alfred Aaron Griffin, 823 N.W.2d 161 (Nov. 5, <strong>2012</strong>)<br />

a. Attorney suspended August 1, <strong>2012</strong> for 60 days. Attorney has complied with<br />

the terms of the suspension order, except for successful completion of the<br />

MPRE.<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion<br />

of the MPRE by August 1, 2013.<br />

4. David Lawrence McCormick, 822 N.W.2d 646 (Nov. 5, <strong>2012</strong>)<br />

a. Attorney suspended August 22, <strong>2012</strong> for 60 days. Attorney has complied with<br />

the terms of the suspension order, except for successful completion of the<br />

MPRE.<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion of the MPRE by August 22, 2013.<br />

5. Pattie Jo Jensen 826 N.W.2d 775 (Feb. 25, 2013)<br />

a. Attorney suspended January 10, 2013, for 60 days. Attorney has complied<br />

with the terms of the suspension order, except for successful completion of the<br />

MPRE.<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion<br />

of the MPRE by January 10, 2014.<br />

REINSTATEMENT & PROBATION<br />

1. Douglas A. Ruhland, 818 N.W.2d 522 (Aug. 6, <strong>2012</strong>)<br />

a. Attorney suspended June 19, <strong>2012</strong> for the 30 days. Attorney has filed an


affidavit stating compliance with terms of suspension order, except for successful<br />

completion oftheMPRE.<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion of the MPRE by June 19, 2013 and placed on probation for a period<br />

of 2 years.<br />

2. Vincent Francis Waters, 823 N.W.2d 452 (Dec. 12, <strong>2012</strong>)<br />

a. Attorney suspended July 27, <strong>2012</strong> for a minimum of 30 days. Attorney has<br />

complied with the terms of the suspension order, except for successful<br />

completion oftheMPRE.<br />

b. Conditionally reinstated to the practice of law subject to the successful<br />

completion of the MPRE by July 27, 2013 and placed on disciplinary probation<br />

for 3 years.<br />

3. Willie Herman Davis, Jr., 824 N.W.2d 634 (Dec. 20, <strong>2012</strong>)<br />

a. Attorney indefinitely suspended on September 18, <strong>2012</strong>. Attorney has<br />

complied with the terms of the suspension order.<br />

b. Reinstated and placed on unsupervised probation until October 17, 2014.<br />

4. Anthony D. Crosby,_ N.W.2d _(Jan. 24, 2013)<br />

a. Attorney suspended in April 1998. Attorney has complied with the terms of<br />

the suspension order.<br />

b. Reinstated and placed on probation for 2 years.<br />

5. Robert H. Aitken, III, 825 N.W.2d 747 (Jan. 30, 2013)<br />

a. Attorney suspended on July 29, 2010 for a minimum of 90 days. Attorney<br />

has complied with the terms of the suspension order.<br />

b. Reinstated and placed on probation for 2 years.<br />

6. Jon Elton Stanek, 826 N.W.2d 202 (Feb. 12, 2013)<br />

a. Attorney suspended on November 26, <strong>2012</strong> for a minimum of 30 days.<br />

Attorney has complied with the terms of the suspension order.<br />

b. Conditionally reinstated to the practice of law subject to successful completion<br />

of the MPRE and placed on probation for 2 years.<br />

7. John D. Ellenbecker, 828 N.W.2d 740 (Apr. 10, 2013)<br />

a. Attorney suspended on December 17, <strong>2012</strong> for a minimum of 90 days.<br />

Attorney has complied with the terms of the suspension order.<br />

b. Conditionally reinstated to the practice of law subject to successful completion<br />

of the MPRE and placed on probation for 2 years.<br />

8. Amanda Lyn Koble, 829 N.W.2d 607 (May 1, 2013)<br />

a. Attorney suspended on March 13, 2013 for 30 day. Attorney has complied<br />

with the terms of the suspension order.<br />

b. Conditionally reinstated subject to successful completion of MPRE.


<strong>PUBLIC</strong> REPRIMAND<br />

1. Vincent Francis Waters, 823 N.W.2d 452 (Dec. 12, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.3, 1.4(a)(3), 1.4(a)(S), 3.2, 3.4(c), 8.4(d)<br />

b. Conduct<br />

i. Neglected a client matter, failed to communicate with a client, failed to<br />

expedite litigation, and failed to provide clients, opposing counsel, and<br />

tribunals with timely notice of suspension.<br />

c. Discipline Imposed -<br />

i. Public reprimand<br />

2. Patrick Christopher Burns, 825 N.W.2d 715 (Jan. 29, 2013)<br />

a. Rules Violated -<br />

i. 1.1, 1.3, 1.4, 1.15(c)(3), 1.16(d), 3.4(a), 4.4(a), 5.3(b), 8.4(d)<br />

b. Conduct<br />

i. Failed to timely remit client's funds, failed to maintain complete and accurate<br />

billing records, charged two client's funds, failed to maintain complete and<br />

accurate billing records, charged two clients' credit cards without<br />

authorization and after representation had been terminated, charged one<br />

client duplicate fees, failed to comply with the notice requirements for<br />

serving a subpoena, obtained evidence in violation of the rights of another,<br />

failed to diligently take remedial action to mitigate known neglect caused by<br />

an associate over whom<br />

respondent had direct supervisory authority, failed to diligently pursue a<br />

client matter or respond to a client's communications, and failed to supervise<br />

non- lawyer staff.<br />

c. Discipline Imposed -<br />

i. Public reprimand<br />

ii. Stipulated<br />

3. Jacqueline Elise Kalk, 829 N.W.2d 366 (Apr. 22, 2013)<br />

a. Rules Violated -<br />

i. Rules 8.4(c), (d)<br />

b. Conduct<br />

i. Made a false statement to a court in an affidavit<br />

c. Discipline Imposed -<br />

i. Public Reprimand<br />

<strong>PUBLIC</strong> REPRIMAND & PROBATION<br />

1. Randall Edward Gottschalk, 818 N.W.2d 520 (Aug. 1, <strong>2012</strong>)


a. Rules Violatedi.<br />

1.S(a), 4.1, 8.4(c)<br />

b. Conducti.<br />

Made false and/or fraudulent entries on billing records in multiple matters<br />

and making misrepresentations to lawyers at the law firm in which he was<br />

employed to conceal his conduct.<br />

c. Discipline Imposed -<br />

i. Stipulated<br />

ii. Public reprimand and 2 years of probation<br />

2. Matthew Thompson Nielsen, 822N.W.2d1(Oct.23, <strong>2012</strong>)<br />

a. Rules Violatedi.<br />

1.5, 1.6(a), 1.16(d), 4.1, 8.4(c)<br />

b. Conducti.<br />

Disclosed confidential information and failed to take action to correct the<br />

disclosure, failed to communicate with a client, made misrepresentations<br />

to that client, and failed to provide successor counsel with documents<br />

after respondent withdrew from representation<br />

c. Discipline Imposed -<br />

i. Public reprimand and 2 years of probation<br />

3. Susan A. Yager, 822 N.W.2d 661(Nov.14, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.1, 1.3, 1.4, 4.2, 4.4(a), 8.4(d)<br />

b. Conduct-<br />

!. Called a witness and examined a co-defendant who respondent knew was<br />

represented by counsel without the consent of his counsel during a<br />

contested omnibus hearing, neglect of a client matter, non-communication,<br />

and lack of competence in a matter<br />

c. Discipline Imposed -<br />

i. Public reprimand and 2 years of probation<br />

4. Philip Martin Kleinsmith, 827 N.W.2d 764 (Mar. 13, 2013)<br />

a. Rules Violated -<br />

i. 1.1, 1.3, 1.4, 1.15, 1.16, 5.3, 8.4(d) -Arizona Rules<br />

b. Conducti.<br />

Incompetence in several lawsuits, failed to appear at hearings in a matter,<br />

billed a client for corrective action taken for his failure to appear, failed<br />

to communicate with a client before filing a motion to withdraw as<br />

counsel<br />

c. Discipline Imposed -<br />

i. Public reprimand and 1-year unsupervised probation


ii. Reciprocal Discipline (Arizona) - Stipulated<br />

5. Amber Julie Ahola, 829 N.W.2d 366 (Apr. 22, 2013)<br />

a. Rules Violated -<br />

i. 4.1, 8.4(b), (c), and (d)<br />

b. Conduct<br />

i. Lied to law enforcement officials when questioned about a fugitive's<br />

presence in her home and harbored a criminal fugitive<br />

c. Discipline Imposed -<br />

i. Public Reprimand and 2 years probation<br />

6. Jordan Edward Gall,_ N.W.2d _(May 16, 2013)<br />

a. Rules Violated -<br />

i. 8.4(c), 8.4(d)<br />

b. Conduct<br />

i. Failed to comply with the terms of his conditional admission consent<br />

agreement and made false statements to the Board of Law Examiners<br />

in quarterly self-monitoring reports<br />

c. Discipline Imposed -<br />

i. Public Reprimand and 2 years probation<br />

SUSPENSION<br />

1. Douglas A. Ruhland, 815N.W.2d158 (June 21, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.4(a)(3), 1.4(a)(4), 1.7(a)(2), 1.16(a)(l)<br />

b. Conducti.<br />

Failure to respond to a client's request for communication; failure to<br />

keep the client reasonable informed about the status of the<br />

representation; continued to represent a client after a conflict of interest<br />

arose<br />

c. Discipline Imposed -<br />

i. 30 day suspension<br />

ii. 2 year period of probation upon reinstatement<br />

2. Stephen Vincent Grigsby, 815 N.W.2d 836(July11, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.2(a), 3.3(a)(l), 5.5(a), 8.4(c), 8.4(d)<br />

b. Conducti.<br />

Practiced law while suspended by drafting and filing a brief for a former<br />

client and exceeded the client's implicit authority by falsely signing the<br />

former client's name to the brief<br />

c. Discipline Imposed -


i. 60 day suspension<br />

3. Vincent Francis Waters, 817 N.W.2d 662 (July 27, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.2(a), 1.4, 1.3, 1.15(b), 1.15(c), 1.15(c)(4), 8.4(c)<br />

b. Conducti.<br />

Failed to keep his clients reasonably informed regarding the status of their<br />

matter, negotiated a settlement without his clients' knowledge or consent;<br />

failed to comply with his clients' reasonable requests for information; failed<br />

to notify his clients of receipt of settlement funds; failed to promptly pay his<br />

clients the settlement funds for which they were entitled; used trust account<br />

funds without his clients' knowledge or consent to refund monies due to<br />

another client; made false statements and material omission to his client<br />

and provided them with an invoice containing false statements with the<br />

intent to mislead his clients; failed to place another client's estimated costs<br />

into his trust account; misrepresented the source of the refund that he made<br />

to that client<br />

c. Discipline Imposedi.<br />

30 day min.<br />

4. Alfred Aaron Griffin, 818 N.W.2d 521(Aug.1, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 5.S(a), 8.l(b), 8.4(d), Rule 12(b) (Rules of MN State Board of<br />

Continuing Legal Education), Rule 2(H) (Rules of the Supreme Court<br />

on Lawyer Registration), Rule 25 (Rules on Lawyers Professional<br />

Responsibility)<br />

b. Conduct-<br />

!. Engaged in the unauthorized practice of law while on involuntary<br />

restricted status for failing to comply with continuing legal education<br />

requirements and while he was suspended for the nonpayment of attorney<br />

registration fees and failing to cooperate with the Director's investigation<br />

c. Discipline Imposed -<br />

i. 60 day suspension<br />

5. David Lawrence McCormick, 819 N.W.2d 442 (Aug. 22, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 4.2, 8.4(d)<br />

b. Conducti.<br />

While representing a defendant in a homicide case, instructed an<br />

investigator to interview an anticipated witness in the case without<br />

first seeking and obtaining permission from the witness' attorney<br />

c. Discipline Imposed -


i. 60 day suspension<br />

6. Douglas E. Mackenzie,_ N.W.2d _(Sept. 18, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 12(c)(1), RLPR<br />

b. Conducti.<br />

Respondent cannot be found in this state to respond to the petition<br />

for disciplinary action<br />

c. Discipline Imposed -<br />

i. 1year suspension<br />

7. Willie Herman Davis, Jr.,_ N.W.2d _(Sept. 18, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 18e(3), RLPR<br />

b. Conducti.<br />

Failure to file proof of successful completion of the MPRE<br />

c. Discipline Imposed -<br />

i. Indefinite suspension<br />

8. John 0. Murrin, III, 821N.W.2d195 (Sept. 19, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 3.2, 8.4(d)<br />

b. Conducti.<br />

Repeatedly filed voluminous and frivolous pleadings in three separate<br />

court actions<br />

c. Discipline Imposed -<br />

i. 6 month suspension<br />

9. Timothy Paul Miller,_ N.W.2d_ (Oct. 3, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. Rule 30, RLPR<br />

b. Conducti.<br />

Failure to pay court-ordered child support<br />

c. Discipline Imposed -<br />

i. Administrative suspension<br />

10. Rachel Lauren Toberman, 822 N.W.2d 809 (Oct. 23, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.4(a)(3), 1.4(a)(4), 1.7(a)(l), 1.7(a)(2), 1.16(d), 4.1, 7.1, 8.l(a), 8.4(c), Rule 25,<br />

RLPR<br />

b. Conducti.<br />

Engaged in a conflict of interest, made false statements to clients, failed to<br />

communicate with clients, failed to return client file, failed to cooperate with<br />

a disciplinary investigation, made false statements in the course of a


disciplinary investigation<br />

c. Discipline Imposed -<br />

i. Indefinite suspension for a minimum of 9 months<br />

11. Kenneth M. Bottema, 823 N.W.2d 626 (Oct. 23, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 12(c)(l), RLPR<br />

b. Conducti.<br />

Cannot be found in state<br />

c. DisciplineImposedi.<br />

Suspension (allegations deemed admitted after one year if respondent<br />

doesn't move court for vacation)<br />

12. Elizabeth Megan Carroll Trimble, 822 N.W.2d 291 (Oct. 25, <strong>2012</strong>)<br />

a. RulesViolatedi.<br />

1.3, 1.4, 1.16(d), 3.2, 3.4(c), 8.l(b), 8.4(c), 8.4(d), Rule 25, RLPR<br />

b. Conducti.<br />

Neglected client matter, failed to appear in court, failed to communicate<br />

with a client, misappropriated advanced expenses, and failed to cooperate<br />

with a disciplinary investigation<br />

c. Discipline Imposed -<br />

i. Indefinite suspension (no right to petition for 2 years)<br />

13. Shana Gail Buchana,_ N.W.2d _ (Oct. 26, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i.<br />

b. Conducti.<br />

Based on respondent's default, allegations were deemed admitted<br />

c. Discipline Imposed -<br />

i. Temporary suspension<br />

14. Theresa A. Freeman, 822 N.W.2d 663 (Nov.14, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.3, 1.4, 1.15(b), 1.15(c)(4), 1.16(d), 8.l(a), 8.l(b), 8.4(c), Rule 25, RLPR<br />

b. Conducti.<br />

Neglected multiple client matters, failed to communicate with multiple<br />

clients, failed to return client property, failed to return unused or unearned<br />

portions of client funds to multiple clients, failed to put client funds in trust<br />

when a client disputed whether respondent was entitled to the funds,<br />

misrepresented to multiple clients and the Director, and failed to cooperate<br />

with multiple disciplinary investigations<br />

c. Discipline Imposed -<br />

i. Indefinite suspension (no right to petition for 6 months)


15. Jon Elton Stanek, 822 N.W.2d 809 (Nov. 28, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 3.4(c), 8.l(a), 8.l(b), 8.4(c), 8.4(d), Rule 25, RLPR<br />

b. Conducti.<br />

Failed to comply with the terms of a consent agreement for conditional<br />

admission to the practice of law in <strong>Minnesota</strong> and made false statements<br />

to the Director during the disciplinary investigation<br />

c. Discipline Imposed -<br />

i. Stipulated<br />

ii. 30 day suspension<br />

16. Harvey N. Jones,_ N.W.2d _(Nov. 27, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.3, 1.15(a), 1.15(c)(3), 1.15(c)(4), 8.l(b), 8.4(c), Rule 25 (RLPR)<br />

b. Conducti.<br />

Referee recommended respondent be disbarred -interim<br />

suspension pursuant to Rule 16(e) (RLPR)<br />

c. Discipline Imposed -<br />

i. Temporary suspension<br />

17. John D. Ellenbecker, 825 N.W.2d 117 (Dec. 14, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 1.3, 1.4(a)(3), 1.4(a)(4), 1.15(c)(3), 1.15(h), 8.l(b), Rule 25, RLPR<br />

b. Conduct<br />

i. Engaged in a pattern of neglect and inadequate communication with clients,<br />

misused his trust account, failed to maintain the required trust account<br />

books and records, and failed to cooperate with the Director's investigation<br />

c. Discipline Imposed -<br />

i. 90 day suspension<br />

ii. 2 years supervised probation<br />

18. Trent William Mahler, 823 N.W.2d 453 (Dec. 17, <strong>2012</strong>)<br />

a. RulesViolatedi.<br />

1.3, 1.4, 1.15(a), 1.15(c) - North Dakota Rules of Professional Conduct<br />

b. Conduct<br />

i. Mishandled client funds, neglected clients, and charged fees in excess<br />

of those agreed upon<br />

c. Discipline Imposed -<br />

i. Indefinite suspension (minimum of 3 years)<br />

19. Timothy Thomas Nipper, 825N.W.2d119 (Jan. 10, 2013)<br />

a. Rules Violated -<br />

i. 1.3, 1.4(a)(3), l.4(a)(4), 1.15(c)(4), 1.16(d), 8.4(d), 8.4(b), 8.4(d)


. Conduct<br />

i. Plead guilty to six criminal offenses, including disorderly conduct, violation<br />

of a domestic abuse no contact order, and DWI, over a five-year period,<br />

violated the conditions of probation and no-contact orders, neglected a<br />

client matter, failed to communicate with a client, and failed to return client<br />

property.<br />

c. DisciplineImposedi.<br />

90 day suspension<br />

ii. 4 years probation<br />

20. Thomas P. Lowe, 824 N.W.2d 634 (Jan.10, 2013)<br />

a. Rules Violated -<br />

i. 1.S(a), 1.S(b), 1.7(a)(2), 1.8(j)<br />

b. Conduct<br />

i. Engaged in a sexual relationship with a vulnerable client and billed client for<br />

meetings in which they engaged in sexual relations<br />

c. DisciplineImposedi.<br />

Indefinite suspension (minimum of 15 months)<br />

21. Patti Jo Jensen, 824 N.W.2d 635 (Jan. 10, 2013)<br />

a. Rules Violated -<br />

i. Rules 1.3, 1.4-North Dakota Rules of Professional Conduct<br />

b. Conduct<br />

i. Failed to act with diligence, and failed to communicate with a client<br />

c. DisciplineImposedi.<br />

30 day suspension<br />

22. Jill Eleanor Clark, _N.W.2d_ (Jan. 16, 2013)<br />

a. Rules Violated -<br />

i. -<br />

b. Conduct<br />

i. On December 20, <strong>2012</strong>, referee found that Clark was disabled based on<br />

serious mental health issues, she cannot competently represent clients, and<br />

recommended that Clark be transferred to disability inactive status. On<br />

January 4, 2013, the Court issued an order to show cause, requiring the<br />

parties to file memoranda of law showing cause, if any, why Clark should<br />

not be temporarily suspended until the court issues its decision on the<br />

referee's findings and recommendations. The Director filed a memorandum,<br />

however, Clark did not.<br />

c. Discipline Imposed -<br />

i. Temporary suspension (until court issues decision on referee's finding of<br />

disability)


23. Samuel A. Mccloud, 826 N.W.2d 529 (Feb. 8, 2013)<br />

a. Rules Violated -<br />

i. 8.4(b) and 8.4(c)<br />

b. Conduct<br />

i. Intentionally concealed his income from a taxing authority and filed a<br />

materially false federal income tax return, which resulted in a federal<br />

conviction.<br />

c. Discipline Imposedi.<br />

Indefinite suspension for a minimum of 2 years (effective July 5, 2011 when<br />

respondent started his prison sentence).<br />

24. Louis Andrew Stockman, 826 N.W.2d 530 (Feb. 8, 2013)<br />

a. RulesViolatedi.<br />

1.1, 1.3, 1.4, 3.2, 3.4(c), 3.4(d), 4.1, 5.l(a), 5.l(c)(2), 5.5(a), 5.5(b)(2), 7.t 8.l(a),<br />

8.4(c), 8.4(d), Rule 26, RLPR, and the Feb. 17, <strong>2012</strong> suspension order<br />

b. Conduct<br />

1. Neglect and non-communication in two client matters, failed to respond to<br />

communications from opposing counset made a false statement to opposing<br />

counsel, failed to properly supervise another lawyer in his law firm, failed to<br />

comply with and made false statements regarding his compliance with the<br />

notice requirements for a previous suspension from the practice of law,<br />

displayed signage and utilized law firm and other designations falsely<br />

implying that respondent continued to be licensed to practice law while he<br />

was suspended, engaged in the unauthorized practice of law, and contracted<br />

for legal advertising in various telephone directories that would be<br />

distributed during the period of his suspension.<br />

c. DisciplineImposedi.<br />

Indefinite suspension for a minimum of 6 months<br />

25. Peter Daniel Plunkett, 826 N.W.2d 539 (Feb. 14, 2013)<br />

a. Rules Violated -<br />

i. 8.4(a) and 8.4(c)<br />

b. Conduct<br />

i. Directed and participated in a scheme to alter bail bond files after the fact in<br />

anticipation of a market conduct examination by the Colorado Department of<br />

Insurance in order to misrepresent that the files of a bail bond business were<br />

in compliance with Colorado law.<br />

c. DisciplineImposedi.<br />

Indefinite suspension for a minimum of 6 months<br />

ii. Stipulated<br />

26. Tucker Joseph Hummel,_ N.W.2d _(Mar. 8, 2013)<br />

a. Rules Violated -<br />

i. 1.4, l.15(c)(3), l.15(h), 8.l(a), 8.l(b), 8.4(c), Rule 25, RLPR.<br />

b. Conduct-


i. Referee recommended respondent be disbarred -interim<br />

suspension pursuant to Rule 16(e) (RLPR)<br />

c. Discipline Imposed -<br />

i. Temporary suspension<br />

27. Amanda Lyn Koble, 827 N.W.2d 765 (Mar. 13, 2013)<br />

a. Rules Violated -<br />

i. 1.16(d), 8.4(a), 8.4(c), 8.4(d)<br />

b. Conducti.<br />

Improperly attempted to withdraw from representation of a client and<br />

misappropriating fees belonging to her firm<br />

c. Discipline Imposed -<br />

i. 30 day suspension<br />

87. Travis D. Stottler, _ N.W.2d _(Mar. 13, 2013)<br />

a. Rules Violated -<br />

i. -<br />

b. Conducti.<br />

In September 2011, the Director filed a petition alleging that Stottler failed<br />

to diligently pursue a client matter, failed to communicate with the client and<br />

her successor counset failed to cooperate with the Director's investigation,<br />

and continued practicing after being placed on involuntary <strong>CLE</strong>-restricted<br />

status. On October 14, 2011, the Court suspended Stottler under Rule 12(c),<br />

RLPR. On February 8, 2013, the Director field a supplementary petition<br />

alleging that Stottler misappropriated client funds, failed to communicate with<br />

two clients, made misrepresentations to two clients, neglected a client matter,<br />

failed to return unearned fees, and practiced law while on <strong>CLE</strong>- restricted<br />

status. The Director also filed an application for continued suspension under<br />

Rule 12(c), RLPR.<br />

c. Discipline Imposed -<br />

i. Suspension continued for 1year<br />

28. James Carl Duchon, 827 N.W.2d 765 (Mar. 19, 2013)<br />

a. RulesViolatedi.<br />

8.l(b), 8.4(d), Rule 25 (RLPR)<br />

b. Conduct<br />

i. Failed to complied with the terms of private probation and failed to<br />

cooperate with the Director<br />

c. Discipline Imposed -<br />

i. Indefinite suspension<br />

29. Vicki M. Ahl, 828N.W.2d109 (Mar. 21, 2013)<br />

a. Rules Violated -<br />

i. 1.15(c)(4), 8.4(d), 8.4(c)<br />

b. Conduct


i. Violated fiduciary duties as trustee of a trust she established on behalf of a<br />

client by failing to make distributions to beneficiaries required by the terms of<br />

the trust and depleted trust assets by charging excessive and unreasonable<br />

fees, and misrepresented to counsel for the beneficiaries that time records were<br />

made contemporaneously with the performance of work described therein<br />

c. Discipline Imposedi.<br />

Indefinite suspension for a minimum of 2 years<br />

30. Joseph Awah Fru, 829 N.W.2d 379 (Apr. 24, 2013)<br />

a. Rules Violated -<br />

i<br />

b. Conduct<br />

i. Engaged in a pattern of client neglect, incompetence, and noncommunication;<br />

disobeyed court rules; failed to properly handle client funds; engaged in the<br />

unauthorized practice of law; and failed to cooperate with the disciplinary<br />

process<br />

c. Discipline Imposed -<br />

i. Indefinite suspension for a minimum 2 years<br />

31. Tedman John Heim,_ N.W.2d _(Apr. 29, 2013)<br />

a. Rules Violated -<br />

i. 1.4(a), 1.15(a), (c)(3), (c)(4), (h), (o), 3.3(a), 4.1, 8.4(b), (c), and (d)<br />

b. Conduct<br />

i. Forged a client's signature on a settlement check; misappropriated $50,000 in<br />

client funds; failed to deposit client funds into trust account in two matters;<br />

failed to keep required trust account books and records, false statements to a<br />

client, former law partner, opposing counsel, and a court to conceal his<br />

misappropriation; and unauthorized use of a law firm credit card<br />

c. Discipline Imposed -<br />

i. Temporary suspension<br />

32. Peter James Nickitas, _ N.W.2d _(May 7, 2013)<br />

a. Rules Violated -<br />

i. 1.7(a)(2), 3.1, 4.4(a), 8.4(d)<br />

b. Conduct<br />

i. Undertook representation despite conflict of interest, engaged in inappropriate<br />

conduct toward opposing counsel, and brought a claim in bad faith for an<br />

improper purpose<br />

c. Discipline Imposed -<br />

i. 30 day suspension<br />

ii. 2 years unsupervised probation<br />

33. Matthew David McCollister, _ N.W.2d _(May 16, 2013)


a. Rules Violated - i.<br />

1.5(e), 8.4(c)<br />

b. Conduct<br />

i. Referred potential clients to a lawyer outside his firm and received payment of<br />

referral fees on some of those matters without remitting the fees to his firm<br />

c. Discipline Imposed -<br />

i. 30 day suspension<br />

34. Susanne Marie Glasser,_ N.W.2d _(June 5, 2013)<br />

a. RulesViolatedi.<br />

8.4(b<br />

b. Conduct<br />

i. Convicted of two misdemeanor crimes of dishonesty<br />

c. Discipline Imposed<br />

i. 30 day suspension<br />

ii. Supervised probation for 5 years<br />

DISBARMENT<br />

1. William A. Jacobs, 814 N.W.2d 358 (June 11, <strong>2012</strong>)<br />

a. Rules Violated -<br />

i. 8.4(b) - commission of a criminal act that reflects adversely on the<br />

lawyer's honesty, trustworthiness, or fitness as a lawyer<br />

b. Conducti.<br />

Convicted of three counts of second-degree criminal sexual conduct and<br />

three counts of possession of pornographic works involving a minor child<br />

c. DisciplineImposedi.<br />

Disbarred<br />

2. Alan Martin McDonagh, 825 N.W.2d 714 (Jan. 24, 2013)<br />

a. Rules Violated -<br />

i. 1.5, 1.15(a), 1.15(c), 1.15(d), 8.4(c) - North Dakota Rules of Professional Conduct<br />

b. Conduct<br />

i. Used client funds to pay law firm expenses, failed to place clients' funds in<br />

trust, forged another attorney's signature, and kept funds that were owed to his<br />

business partner<br />

c. Discipline Imposed -<br />

i. Disbarred (Stipulated)<br />

3. Brian Louis Pitera, 827 N.W.2d 207 (Mar. 6, 2013)<br />

a. Rules Violated -<br />

i. 8.4(b), 1.3, l.4(b), 1.5(a), 3.2, 3.4(c), 8.l(b), 8.4(d), Rule 25, RLPR,<br />

b. Conduct


i. Convicted of first-degree felony assault, neglected client matter, failed to<br />

return an unearned fee, failed to pay a law-related judgment, and failed to<br />

cooperate in the disciplinary process.<br />

c. Discipline Imposed -<br />

i. Disbarred<br />

4. John Morris, Jr., 827 N.W.2d 427 (Mar. 13, 2013)<br />

a. Rules Violated -<br />

i. 8.4(b), 8.4(c)<br />

b. Conduct<br />

i. Convicted of 12 felony counts for his participation in a fraudulent scheme that<br />

resulted in the receipt of over $3.5 million<br />

c. Discipline Imposed -<br />

i. Disbarred<br />

5. Terry M. Fitzpatrick Walcott, _ N.W.2d _ (May 16, 2013)<br />

a. Rules Violated -<br />

i. 4-l.5(f)(5), 4-1.15, 4-8.4(c) - Florida Rules of Professional Conduct<br />

ii. 5-1.l(a)(l), 5-1.l(b), 5-1.l(e), 5-1.l(f), 5-l.2(b)-Florida Rules Regulating Trust<br />

Accounts<br />

b. Conduct<br />

i. Misappropriation of client funds and other trust account violations<br />

c. Discipline Imposed -<br />

i. Disbarred<br />

ii. Reciprocal Discipline (Florida)<br />

6. Barry V. Voss,_ N.W.2d _(May 22, 2013)<br />

a. Rules Violated -<br />

i. 1.3, 1.4, 1.S(a), 1.5(b), l.15(c)(3), l.15(c)(4), l.16(d), 3.2, 3.4, 4.1, 8.4(c), 8.4(d)<br />

b. Conduct<br />

i. Misappropriated client funds, misused his trust account, neglected client<br />

matters, failed to timely file and pay employer withholding taxes and pay a<br />

law-related judgment against him, and failed to cooperate with the disciplinary<br />

investigation<br />

c. Discipline Imposed -<br />

i. Disbarred

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