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Keywords

attorneyhearing

attorneytrust

Related Cases

In re Application for Disciplinary Action Against Chinquist, 714 N.W.2d 469, 2006 ND 107

Facts

C. Charles Chinquist, an attorney in North Dakota, represented a woman in custody matters after she was incarcerated. During this representation, he accepted between $13,500 and $15,000 in cash payments without providing any billing statements or maintaining proper records. Additionally, he engaged in a sexual relationship with the woman while representing her, which raised concerns about conflicts of interest. Following a disciplinary hearing, it was determined that Chinquist violated several professional conduct rules.

Chinquist did not have a written fee agreement with the woman and did not send her statements of attorney fees and costs incurred during the course of the representation. The woman paid Chinquist between $13,500 and $15,000 in the form of money orders and cash delivered to Chinquist's home and office in a manila envelope, a Cracker Jack box, and an Altoids tin. The woman also gave Chinquist $5,000 to be applied to the account of another of Chinquist's clients in an unrelated criminal matter. Chinquist did not provide the woman with billing statements for any of the money she gave him during the course of the representation and did not place the funds in a trust account.

Issue

Did C. Charles Chinquist violate the North Dakota Rules of Professional Conduct by accepting large cash payments without proper accounting, engaging in a sexual relationship with a client during representation, and failing to disclose conflicts of interest?

Rule

The North Dakota Rules of Professional Conduct require attorneys to maintain proper records of client funds, communicate fees clearly, avoid conflicts of interest, and refrain from engaging in sexual relationships with clients during representation.

Analysis

The court found clear and convincing evidence that Chinquist violated multiple rules by accepting excessive cash payments without providing billing statements, failing to maintain records, and engaging in a sexual relationship with a client. The court emphasized that these actions not only breached professional conduct rules but also placed the client's interests at risk, particularly in a sensitive custody case. The court also noted that Chinquist's prior disciplinary history and the vulnerability of the client were aggravating factors in determining the appropriate sanction.

Conclusion

The Supreme Court of North Dakota ordered that C. Charles Chinquist be suspended from the practice of law for six months and one day, and he was required to pay the costs of the disciplinary proceedings.

Who won?

The Disciplinary Board prevailed in the case, as the court upheld the findings of misconduct and imposed a suspension on Chinquist for his violations of professional conduct rules.

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