A Minot-based attorney has been disbarred by the North Dakota Supreme Court following a recommendation of the disciplinary board for violating a number of rules of professional conduct.

The Supreme Court’s order was released on Thursday, Jan. 29, ordering that David Spencer was disbarred for a period of five years. Spencer was also ordered to pay $250 in costs and expenses of the disciplinary proceeding and reimburse the North Dakota Client Protection Fund for any payments made to clients on his behalf.

According to court documents, Spencer was admitted to practice law in North Dakota on Sept. 26, 2014, and operated as The Spencer Law Firm from an office located at 12 Main St. S. in Minot, and primarily practiced in Minot, Watford City and Williston. The North Dakota Court System website lists Spencer’s principal address as 52986 Chamberlain Road, Marcellus, Michigan.

According to the Supreme Court’s order, Spencer had previously been suspended on Feb. 12, 2024, for 30 days and placed on probation for a two year period. This suspension stemmed from reports from Ward County Courthouse security officers and Assistant Ward County State’s Attorneys, who observed the odor of alcohol on Spencer when he appeared for hearings on Jan. 25 and 26, 2023. Spencer declined to have a test for alcohol be conducted or to sign an affidavit attesting he was not under the influence.

On Oct. 29, 2024, the Office of Disciplinary Counsel moved to revoke Spencer’s probation and impose further discipline after it was determined he had failed to comply with various conditions of his probation, and four separate district courts determined he had not provided adequate representation, which negatively affected his clients. Spencer was subsequently suspended for six months and one day

On Jan. 29, a disciplinary hearing panel concluded Spencer had further violation of North Dakota rules of professional conduct by failing to act with reasonable diligence and promptness to keep the client reasonably informed about the status of a matter and by failing to respond to reasonable requests for information; making a false statement of face or law to a tribunal; and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

Spencer may not be reinstated until at least five years from the effective date of his disbarment.