Disciplinary Board of The Supreme Court of The State of North Dakota v. Seaworth12/6/1999
1999 ND ___
Application for disciplinary action.
REPRIMAND ORDERED.
[ ] Mary E. Seaworth appeals from an order reprimanding her for violating N.D.R. Prof. Conduct 1.3 and 1.4, and ordering her to pay $3,507.25, the costs and expenses of the disciplinary proceedings. We conclude there is clear and convincing evidence Seaworth violated N.D.R. Prof. Conduct 1.3. We further conclude there is not clear and convincing evidence Seaworth violated N.D.R. Prof. Conduct 1.4.
I.
[ ] A former client of Seaworth's, Beverly Motl, initiated this proceeding by a complaint against Seaworth, who has been a member of the North Dakota bar since April 16, 1984. Motl retained Seaworth in late 1992 to represent her regarding a workers compensation claim. Seaworth's representation of Motl lasted until May of 1995.
[ ] Motl's complaint alleged Seaworth did not inform her of a settlement offer from the North Dakota Workers Compensation Bureau. In addition, the petition for discipline alleged Seaworth had not diligently responded on Motl's behalf to communications from the Bureau.
[ ] Seaworth denied inadequately representing Motl. Seaworth argues she communicated all offers to Motl and told Ken Sorenson of the Bureau in telephone conversations the offers were not acceptable. Seaworth testified any notes she would have made regarding telephone conversations with the Bureau or Motl would have been on her time sheets, which were lost when her Grand Forks law office flooded in April of 1997. Further, Seaworth claims she was never authorized to accept offers on Motl's behalf.
[ ] Motl testified that not until May 6, 1994, was she notified of a January 14, 1993, offer of $7,382 from the Bureau. Motl testified that once she found out about the offer, she "wanted more" money to settle her case. Seaworth testified she told Sorenson over the telephone the $7,382 offer was not acceptable and Motl was going to pursue an additional claim against the Bureau for psychological damages.
[ ] During the investigation by the disciplinary board, Seaworth produced Motl's file, which had been damaged in the 1997 flood, and photos of the water-damaged file. Seaworth produced a letter, dated January 22, 1993, allegedly from Motl's file. The letter, also damaged by the flood, was addressed to Motl and notified her of the Bureau's offer. Seaworth testified she sent this letter, along with a copy of the Bureau's settlement offer, to Motl in January of 1993.
[ ] Seaworth testified she does not remember whether she responded to letters of August 2, 1993, or September 1, 1993, from the Bureau.
[ ] Seaworth testified an offer of $2,000 was made on November 29, 1993, but it was rejected by Motl. Seaworth claims Sorenson's November 29, 1993, letter was in response to a telephone conversation between the two in which she requested he set out the Bureau's current position. Accordingly, she claimed, the November 29, 1993, letter did not merit a response.
[ ] Regarding a January 19, 1994, letter, Seaworth claims she did not respond in writing, but talked to Sorenson about it several times on the telephone.
[ ] On March 15, 1994, Sorenson wrote to Seaworth, stating he had not received a response to his previous letters, copies of which he enclosed. Seaworth claims she had telephone conversations with Sorenson both before and after the March 15, 1994, letter.
[ ] On April 25, 1994, Sorenson sent a letter to Seaworth stating, "I have received no response to my numerous letters . . . . In order to continue the processing to this claim, it is necessary that you respond to my letter."
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