A Trail Of Harm
The North Dakota Supreme Court disbarred an attorney who was the subject of 32 client complaints
Foster admitted the following facts in the stipulation, conclusions, and recommendations. Foster was retained or appointed to represent clients in the above matters. She alleged that she experienced personal issues stemming from the death of her mother, including depression, alcohol abuse, and financial difficulty. She also stated she was in an abusive romantic relationship.
Foster knowingly failed to communicate with her clients, and clients had significant difficulty contacting her. She failed to make appearances on behalf of clients. Foster requested numerous continuances, often shortly before the scheduled appearances, even when continuances were not in her clients’ best interest. She was not diligent and did not expedite her clients’ matters.
Some clients were required to obtain new counsel to complete legal matters for which Foster was hired. Clients had difficulty obtaining copies of their files. Clients also had difficulty obtaining substitution of counsel after terminating Foster’s representation.
The Williston Herald had reported on the proceedings in May 2015
An attorney licensed to practice law here and in California is facing disciplinary action from the North Dakota Supreme Court.
The court has ordered the immediate suspension of Nicole E. Foster’s license to practice law, pending the final disposition of disciplinary proceedings that were initiated after eight different individuals sent written complaints that the court said showed a pattern of failing to represent her clients.
In the order issued Friday, the Disciplinary Board of the Supreme Court of North Dakota asserted that Foster poses a substantial threat of irreparable harm to the public due to the number and nature of complaints filed against her.
The complaints all allege that Foster failed to appear at hearings, requested continuances shortly before hearings, failed to file papers and failed to communicate with clients.
They also allege that Foster received retainers for which little or no work was done, and that no portion of the retainers have been refunded.
Some of the clients said they had to retain new attorneys to represent them. One complaint said that on April 8 it appeared Foster’s office was vacant and that there was a closed sign.
Foster failed to respond to four of the eight complaints against her, according to the order. She also submitted an affidavit in which she stated she doesn’t wish to practice law any more and wants to surrender her license.
Under North Dakota law, the court may enter an interim order at any stage of proceedings immediately suspending a lawyer or any other such action as it deems appropriate.
Foster stated in her affidavit that she supports the board’s application for an immediate interim suspension, and, as she is planning to move back to California as quickly as possible, she also supports the appointment of a professional trustee.
The trustee will examine whether there is any money left in the accounts to return to Foster’s clients. If there is not, clients can contact the State Bar Association’s Client Protection Fund, which has been set up to help reimburse clients harmed by fraudulent actions of their attorney.
The Dickinson Express tells the story of one of the client victims. (Mike Frisch)