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Disciplinary Board of The Supreme Court of The State of North Dakota v. Seaworth

12/6/1999

ith reasonable diligence in representing a client, and causes injury or potential injury to a client." An admonition is ordinarily appropriate "when a lawyer is negligent and does not act with reasonable diligence in representing a client, and causes little or no actual or potential injury to a client." N.D. Stds. Imposing Lawyer Sanctions 4.44.


[ ] Under N.D. Stds. Imposing Lawyer Sanctions 3.0(d), this Court "should consider . . . the existence of aggravating or mitigating factors" when prescribing a sanction after a finding of lawyer misconduct. Rule 9.22(a), N.D. Stds. Imposing Lawyer Sanctions, provides whether a lawyer has had prior disciplinary offenses is a factor that may be considered in aggravation. Seaworth has been disciplined twice before for violations of N.D.R. Prof. Conduct. Accordingly, we conclude a reprimand is appropriate in this case.


III.


[ ] We agree with the disciplinary board's conclusion Seaworth violated N.D.R. Prof. Conduct 1.3. We do not agree with the disciplinary board's conclusion Seaworth violated N.D.R. Prof. Conduct 1.4. We therefore order Seaworth be reprimanded for violating N.D.R. Prof. Conduct 1.3, and pay $3,507.25 in costs and expenses to the Secretary of the Disciplinary Board.


[ ] Bruce B. Haskell, D.J., and Richard W. Grosz, D.J., sitting in place of VandeWalle, C.J., and Kapsner, J., disqualified.




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