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The Disciplinary Board of the Supreme Court of the State of North Dakota has recently addressed violations of North Dakota Rules of Professional Conduct 1.5 (Fees) and 5.3 (Responsibilities for Non-lawyer assistants).
In Disciplinary Board v. Kellington, 2011 ND 241, ¶ 6, 809 N.W.2d 298, Kellington was suspended from the practice of law for ninety days, but the suspension was stayed and she was placed on probation for one year subject to the condition that she have no further disciplinary complaints during the period of probation. In May 2013, the Disciplinary Board filed an amended petition to revoke Kellington's probation and to discipline her. The hearing panel concluded Kellington violated several provisions of the North Dakota Rules of Professional Conduct, which included client fees and supervision of nonlawyer assistants.
On June 16, 2014, in Disciplinary Board v. Kellington, 2014 ND 168, 852 N.W.2d 395, the hearing panel concluded Kellington violated provisions of the North Dakota Rules of Professional Conduct and recommended Kellington be suspended from the practice of law for 60 days and pay costs and expenses of the proceeding.
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