Differences On Flat Fee Ethics Draw Lesser Sanction In North Dakota

A Minnesota 12-month suspension for handling of a flat fee was reduced to a reprimand as reciprocal discipline in North Dakota

Viva la difference

On August 9, 2023, the Disciplinary Board and Hill entered into a “Stipulation of Consent to Discipline.” The Disciplinary Board, Disciplinary Counsel, and Hill agreed that based on the differences in North Dakota’s practice, rule language, and the factors considered for the purposes of imposing sanctions, the misconduct at issue would warrant substantially different discipline within this state.

With regard to handling a flat fee agreement, the practice in North Dakota at the time of the underlying representations differed from Minnesota. Rule 1.5, N.D.R. Prof. Conduct was amended, effective July 1, 2023, to reflect practice of flat fee agreements and this Court’s decision in Disciplinary Board v. Hoffman, 2013 ND 137, 834 N.W.2d 636 regarding this issue. The Court agrees that not all conduct considered misconduct in Minnesota would be misconduct in North Dakota. Additionally, the Court agrees that the misconduct at issue would warrant substantially different discipline in North Dakota.

(Mike Frisch)