Second Strike Is Disbarment
The North Dakota Supreme Court disbarred an attorney who had previously been suspended and reinstated
Nemec was admitted to practice law in North Dakota on October 3, 2005. Nemec was placed on interim suspension effective December 19, 2007, until further order of the Court. Disciplinary Board v. Nemec, 2007 ND 204, 743 N.W.2d 129. Subsequently, Nemec was placed on suspension for a period of eighteen months, retroactive to December 19, 2007. Disciplinary Board v. Nemec, 2008 ND 216, 758 N.W.2d 660. Thereafter, Nemec was placed on suspension for a period of twenty-four months, retroactive to December 19, 2007, and to run concurrently with the eighteen-month suspension in Disciplinary Board v. Nemec, 2008 ND 216, 758 N.W.2d 660. Disciplinary Board v. Nemec, 2009 ND 58, 764 N.W.2d 190. On January 24, 2011, Nemec was reinstated to the practice of law in North Dakota with conditions. Disciplinary Board v. Nemec, 2011 ND 128, ¶ 13, 799 N.W.2d 370. On January 15, 2015, the conditions of reinstatement were lifted. Disciplinary Board v. Nemec, 2015 ND 15, 858 N.W.2d 326. Nemec did not pay her license fee in 2017, and she has not been licensed since December 31, 2016.
The hearing panel made the following findings and conclusions. Nemec represented a client in a divorce. The client paid Nemec a $4,500 retainer. Nemec was not diligent in proceeding with the case and failed to follow up to ensure the divorce was accomplished in a timely manner. Nemec failed to adequately communicate with the client, who experienced several delays obtaining information from Nemec.
By failing to pay the license fee for 2017, Nemec was not licensed after December 31, 2016. She knowingly allowed her license to expire without concluding the client’s matter. She also failed to communicate with the client for approximately one year and did not inform him her license expired. Her actions constituted abandonment of the client.
Nemec failed to perform services for the client. She caused the client potentially serious injury because he was not represented. His interests were not protected in the divorce, and he was not able to obtain a divorce in a timely manner. Nemec failed to return the client’s file or refund any portion of the client’s retainer or unearned fees.
She defaulted on the allegations.
The original suspension involved abandoning her practice
The Petition further alleges that Nemec abandoned the practice of law, moving to Montana in the days prior to the Thanksgiving Holiday 2007 but failed to notify, communicate with, or otherwise look after the interests of her clients, including Graner and Zahn.
(Mike Frisch)