On Thursday, December 8, 2022, the Supreme Court of the State of North Dakota disbarred Fargo attorney Stephen J. Baird.
The case is styled Disciplinary Board of the Supreme Court of the State of North Dakota v. Stephen J. Baird, case no. 20220300.
The charges cited Baird’s violations of Rules 1.3, Diligence, by failing to act with reasonable diligence and promptness, 1.4, Communication, by failing to keep the client reasonably informed about the status of a matter, and 1.16(e), Declining or Terminating Representation, by failing to take reasonable steps to protect the client’s interests by making a timely transition of her cases to subsequent counsel as requested by the client and by failing to provide a complete copy of the client file to alternate counsel.
The North Dakota Rules of Professional Conduct can be found online here.
The following are as alleged and summarized from the filing:
Baird allegedly engaged in misconduct by his failure to diligently pursue the interest of his client on removal proceedings and the I-360 green card petition. It was further alleged that Baird failed to file other documents and did not communicate with the client. Baird was deemed in default for failure to answer the petition.
A hearing panel findings of fact, conclusions of law, and recommendations of disbarment were filed before the Court.
Also, on July 21, 2022, Baird was disbarred from the practice of law in North Dakota for knowingly failing to reasonably communicate with clients about their representations and misrepresenting facts to them. Bair also failed to take reasonable steps to protect clients’ interests and failed to return unearned fees.
The filing states:
‘The hearing panel concluded aggravating factors under N.D. Stds. Imposing Lawyer Sanctions 9.22 of a prior discipline history, a pattern of misconduct, and a vulnerable victim. The hearing panel concluded disbarment was the appropriate sanction.’
The filing continues:
‘The hearing panel concluded aggravating factors under N.D. Stds. Imposing Lawyer Sanctions 9.22 consisted of a prior discipline history, a pattern of misconduct, and the client being a vulnerable victim. The hearing panel concluded disbarment was the appropriate sanction.No mitigating factors were noted in the report.’
The filing additionally notes:
‘The findings of fact, conclusions of law, and recommendations were served and forwarded to this Court. Objections were due within 20 days of service of the findings of fact, conclusions of law, and recommendations. No objections were received, and the matter was submitted to the Court for consideration.’
With the foregoing facts and discussions, the Court ruled against Baird in relation to the above-cited rules of professional conduct.
The disposition reads:
“ORDERED, that the findings of fact, conclusions of law, and recommendations by the hearing panel are accepted.
IT IS FURTHER ORDERED, that Stephen J. Baird is DISBARRED from the practice of law in North Dakota effective immediately.
IT IS FURTHER ORDERED, that for any amounts already paid by the North Dakota Client Protection Fund on Baird’s behalf, he make restitution within 90 days of entry of the judgment in this matter. For any amounts relating to this matter paid in the future by the North Dakota Client Protection Fund, Baird made restitution to the Fund within 90 days of receiving notice payment was made.”
Prior to the disbarment, Mr. Stephen J. Baird practiced in Fargo, North Dakota. He attended Western Michigan University Cooley Law School, graduating in 2013. Baird had been licensed in North Dakota. His info can be found on LinkedIn.
A copy of the original filing can be found here.
