The Doctrines And Procedures Underlying Small Claims

An attorney admitted in 2019 has been suspended for one year by the North Dakota Supreme Court

The hearing panel found Pilch was contacted to represent a client in a small claims court case. Pilch was unprepared for the representation, failed to be prompt in his representation, failed to inform the client of decisions to be made, failed to notify the client of the termination of his services, and failed to return the client’s property and papers.

The hearing panel concluded Pilch’s conduct violated N.D.R.Prof. Conduct 1.1, Competence, by being unprepared for the representation, specifically unprepared to conduct trial on July 21, 2021, and failed to understand the legal doctrines and procedures underlying small claims court actions; 1.2(a), Scope of Representation and Allocation of Authority Between Client and Lawyer, by failing to inform the client of the settlement offer; 1.3, Diligence, by failing to be prompt in his general representation and failing to 2 appear for trial on time; 1.4, Communication, by failing to inform the client of the decisions that needed to be made within the matter, failing to comply with reasonable requests for information, failing to consult with his client regarding means of representation, and generally failing to keep the client informed; and 1.16, Declining or Terminating Representation, by failing to notify the client of the termination of services and failing to return the client’s property and papers.

(Mike Frisch)