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In Re Halbrock - Trial File

The Office of Lawyers Professional Responsibility petitioned the Supreme Court for disciplinary action in regard to Timothy B. Halbrock.
Publisher: NITA
Case File :Softbound
$38.00
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In Stock
ISBN: 9781601561916
Publisher: NITA
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The Office of Lawyers Professional Responsibility petitioned the Supreme Court for disciplinary action in regard to Timothy B. Halbrock. The Supreme Court assigned a referee to hear the matter and make recommendations concerning appropriate discipline. The referee recommended that Halbrock be suspended, not disbarred, and a three-year stay of the discipline be granted. The Office of Lawyers Professional Responsibility appealed the referee’s finding and the matter went before the Supreme Court. Briefs were filed in support of and in opposition to the referee’s recommendation on behalf of the Office of Lawyers Professional Responsibility. The Supreme Court heard oral arguments, issued a unanimous opinion reversing the referee’s decision and remanded the matter to the District Court for a non-jury trial before the court.

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Table of Contents

CONTENTS

Directions for Determining Dates, Ages, and Applicable Law

Procedural and Factual History
Introduction
Issues Raised
Allegations
Other Facts
The Disciplinary Hearing before the Referee
The Parties
      Disciplined Attorney
      Office of Lawyers Professional Responsibility
      Expert Medical Witnesses
           Carey Pope, PhD
           Jay Wagner, PhD

The Facts
      Detailed Timeline of Significant Dates
      Correspondence
           Letter from Power Mitey to Timothy Halbrock
          Letter from Timothy Halbrock to Power Mitey
          Letter from St. Helens Worldwide Technology to Timothy Halbrock
          Letter from Timothy Halbrock to St. Helens
          E-mail from Power Mitey to Timothy Halbrock
          E-mail from Power Mitey to Timothy Halbrock
          E-mail from Timothy Halbrock to Power Mitey
          E-mail from S. Osborn to Timothy Halbrock
          Letter from IRS to Osborn, Lewis, Halbrock & Albert
          Letter from Power Mitey to Osborn, Lewis, Halbrock & Albert
          E-mail from S. Osborn to Timothy Halbrock
          E-mail from Timothy Halbrock to Power Mitey
          Letter from Power Mitey to Osborn, Lewis, Halbrock & Albert
          Termination Letter from S. Osborn to Timothy Halbrock
          Letter from S. Osborn to Power Mitey [copy]
          Letter from S. Osborn to J. R. Wilbury [copy]
          Letter from Timothy Halbrock to Bob Halbrock [copy]
          Letter from Timothy Halbrock to Power Mitey
          Letter from S. Osborn to Power Mitey
          Letter from Jay Smith to Casino Royale Resort and Casino
          Authorization for Release of Information from Halbrock
          Letter (and attachments) from Casino Royale to Jay Smith
          Statement of Account for Timothy Halbrock
          Metropolitan News Advertisements
          Letter from Jay Smith to Nita Gaming Control Board
          Authorization for Release of Information from Halbrock
          Letter from Nita Gaming Control Board to Jay Smith
          Letter from Jay Smith to Ms. Ramirez, IRS

Pleadings
      Petition for Disciplinary Action
      Transcript of Timothy B. Halbrock Disciplinary Hearing
           Hearing Proceedings

      Referee’s Findings of Fact, Conclusions of Law, Recommendation for Discipline, and Memorandum
      Request for Briefing and Hearing
      Order for Briefing
      Appellant’s Brief
      Respondent’s Brief
      Supreme Court Opinion

Appendices
      Appendix A: Directions

            General
            Suggested Time Schedules
            Court Trial
            Order of Presentation
            Expert Witnesses
            Negotiation and Mediation

      Appendix B: Applicable Nita Rules of Professional Conduct

      Appendix C: Memo to Senior Partner for Appellant—Office of Lawyers Professional Responsibility

      Appendix D: Memo to Senior Partner for Respondent—Halbrock

      Appendix E: Cases Cited

Exhibits List [Exhibits located on CD]

Exhibit 1: Letter from Power Mitey to Timothy Halbrock

Exhibit 2: Letter from Timothy Halbrock to Power Mitey

Exhibit 3: Letter from St. Helens Worldwide Technology to Timothy Halbrock

Exhibit 4: Letter from Timothy Halbrock to St. Helens

Exhibit 5: E-mail from Power Mitey to Timothy Halbrock

Exhibit 6: E-mail from Power Mitey to Timothy Halbrock

Exhibit 7: E-mail from Timothy Halbrock to Power Mitey

Exhibit 8: E-mail from S. Osborn to Timothy Halbrock

Exhibit 9: Letter from IRS to Osborn, Lewis, Halbrock & Albert

Exhibit 10: Letter from Power Mitey to Osborn, Lewis, Halbrock & Albert

Exhibit 11: E-mail from S. Osborn to Timothy Halbrock

Exhibit 12: E-mail from Timothy Halbrock to Power Mitey

Exhibit 13: Letter from Power Mitey to Osborn, Lewis, Halbrock & Albert

Exhibit 14: Termination Letter from S. Osborn to Timothy Halbrock

Exhibit 15: Letter from S. Osborn to Power Mitey [copy]

Exhibit 16: Letter from S. Osborn to J. R. Wilbury [copy]

Exhibit 17: Letter from Timothy Halbrock to Bob Halbrock [copy]

Exhibit 18: Letter from Timothy Halbrock to Power Mitey

Exhibit 19: Letter from S. Osborn to Power Mitey

Exhibit 20: Letter from Jay Smith to Casino Royale Resort and Casino

Authorization for Release of Information from Halbrock

Exhibit 21: Letter (and attachments) from Casino Royale to Jay Smith

Statement of Account for Timothy Halbrock

Metropolitan News Advertisements

Exhibit 22: Letter from Jay Smith to Nita Gaming Control Board

Authorization for Release of Information from Halbrock

Exhibit 23: Letter from Nita Gaming Control Board to Jay Smith

Exhibit 24: Letter from Jay Smith to Ms. Ramirez, IRS