July 12, 2010
The United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a federal court action seeking an injunction to prevent North Dakota disciplinary counsel from prosecuting a bar complaint against the plaintiff. The suit was filed by an attorney who is licensed in North Dakota and is a tribal attorney of the Three Affiliated Tribes. After representing five tribe members in wrongful discharge actions, he sought a 30% contingent fee. He was charged in a bar petition with "unilaterally altering initial written agreements establishing a 10% contingent fee." A client complained that:
This man does not deserve a lawyer license, and does not deserve to represent anyone in court because of his tactics.
The court here rejected the contention that the Three Affiliated Tribes had exclusive authority to regulate attorney conduct on the reservation.
Hat tip to the North Dakota Supreme Court web page. (Mike Frisch)
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