Disciplinary Board v. Gray

Because I would impose the sanction recommended by the Disciplinary Board, I respectfully dissent. Sadly, the majority opinion places this Court in the position of being an apologist for “one of the least excusable acts for which a lawyer can be disciplined.” Matter of Walton, 251 N.W.2d 762, syllabus 1 (N.D.1977).

The Petersons were Gray’s clients before he brought Lochow into the joint representation for the probate of Robert Peterson’s estate. Shortly after Robert’s death, Gray and Lochow both persuaded Susan Peterson to transfer $75,000 to their trust account. Gray used the trust account…