Matter of Discipline of Bleeker

466 N.W.2d 858, 1991 S.D. LEXIS 37, 1991 WL 34766

Opinions

BERNDT, Circuit Judge.

Complaints were filed with the Disciplinary Board of the State of South Dakota (Board) concerning attorney Douglas R. Bleeker’s (Bleeker) conduct of the affairs of the Althen Estate and the Knickrehm Trust.

In the Althen Estate, Board found that Bleeker failed to keep proper records of its assets in violation of Disciplinary Rule 6-101 (Failing to Act Competently) of the Code of Professional Responsibility

Footnotes

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* and Rule 1.1 (Competence) of the South Dakota Rules of Professional Conduct (SDCL 16-18, Appx.); commingled client funds with those of his own and failed to keep the funds of his client’s safe and identifiable in violation of Disciplinary Rule 9-102 (Preserving Identity of Funds and Property of a Client) and Rule 1.15 (Fees); and, was guilty of constructive fraud as found by Davison County’s circuit court in violation of Disciplinary Rule 1-102(A)(4) (Misconduct involving dishonesty, fraud, deceit, or misrepresentation) and Rule 8.4(c).

In the Knickrehm Trust, Board found that Bleeker failed to keep proper records of the assets in violation of Disciplinary Rule 6-101 and Rule 1.1.

Following the institution of formal disciplinary proceedings this court appointed a referee who submitted detailed findings of fact which supported those of Board. The referee also adopted Board’s recommendations. Bleeker, who acceded to Board’s findings and recommendations, did not take exception to the referee’s recommendations.

We adopt the referee’s findings, conclusions and recommendations and order the following sanctions:

1. That Bleeker be suspended from the practice of law for a term of six months.

2. That Bleeker cease doing any investing for anyone other than his immediate family from this day forward so long as he is licensed to practice law in South Dakota.

3. That Bleeker’s present trust company clients be zeroed out, and an accounting be submitted to each client with the client’s written approval of the accounting subsequently submitted to the Disciplinary Board with copies to the Supreme Court showing that this matter has been completed and that the clients are satisfied. Bleeker will not be reinstated until this requirement is met.

4. That Bleeker is prohibited from acting as a trustee either inter vivos or testamentary or as an executor except in a case of his immediate family so long as he is licensed to practice law in South Dakota.

5. That Bleeker secure and pay for an annual accounting of his regular clients’ trust account by a certified public accountant with a written report submitted to the Disciplinary Board for the next five years.

6. That Bleeker refrain from acting as a financial or investment advisor except within his immediate family so long as he is licensed to practice law in South Dakota.

7. That Bleeker reimburse the Disciplinary Board for the cost of the due process hearing transcript and court reporter and the expenses of the investigator.

8. That Bleeker be given 30 days to wind up business pursuant to SDCL 16-19-77.

9. That Bleeker comply with the notice provisions of SDCL 16-19-78 to 80.

MILLER, C.J., SABERS, J., and GROSSHANS, Circuit Judge, concur. HENDERSON, J., concurs specially. BERNDT, Circuit Judge, for WUEST, J., disqualified. GROSSHANS, Circuit Judge, for MORGAN, Retired Justice, disqualified. AMUNDSON, J., not having been a member of the Court at the time this action was submitted to the Court, did not participate.

On December 15, 1987, this court, by order, approved the repeal of the Code of Professional Responsibility and its reenactment as the South Dakota Rules of Professional Conduct.