I. CLIENT-LAWYER RELATIONSHIP

Rule 1.1 Competence


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 1.2 Scope of Representation


2005-03
When an attorney finds out from his client (in confidence), following the settlement of a divorce, that the two parties have an unstated side agreement regarding distribution of the property, does the attorney have an obligation to provide such information to the other attorney or the court? Given the fact that the client was unwilling to have placed in the stipulation (already agreed to by the parties) the content of the side agreement and was unwilling to allow the attorney to advise the opposing counsel or the court of such a side agreement, is it appropriate for the attorney to immediately withdraw from the case since in the attorney’s view the stipulation signed by the parties contains inaccurate information?

06-05
Do the North Dakota Rules of Professional Conduct prohibit an attorney from representing criminal defendants in city court when a partner of the requesting attorney is on the city’s council?

06-01
Do the North Dakota Rules of Professional Conduct permit participation in a lawyer referral service in which participating lawyers receive referrals from a nonprofit corporation on the condition that the lawyers list themselves in a third-party directory and pay fees to a third party for each referral that results in an attorney-client engagement?

05-03
Under N.D.R.Prof.Conduct 3.3(d), does an attorney have further obligations to the court of the client after withdrawing representation?

06-08
Must a waiver of confidentiality be in writing acknowledging that an attorney working for the Commission on Legal Counsel for Indigents is required to disclose to the Commission financial information the attorney receives that may make the client ineligible?

06-07
Can three public defender offices opened by the Commission on Legal Counsel for Indigents be treated as separate law firms for purposes of imputing conflicts of interest?

1987-05
Representation by defense contract attorney at DUI administrative hearing.

1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

1993-09
Whether settlement offer from defendants which includes condition that plaintiffs waive their right to ask for attorney’s fees and costs under 42 U.S.C. 1988 creates a conflict of interest for the attorney and whether the attorney is foreclosed from rejecting the offer.

1992-07
Clarification of acts that may be performed by an attorney under suspension.

Rule 1.3 Diligence

Rule 1.4 Communication

09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

1997-12
A lawyer has an ethical obligation to release medical or psychological records to a client when communication concerning the records is necessary to proper representation of the client, or when the client requests the records from the lawyer. The only exception is when the lawyer reasonably believes the disclosure of certain information to the client would have a high probability of resulting in substantial harm to the client or others. The lawyer may withhold or delay the transmission of the information only to the extent reasonably necessary to avoid the harm.

1991-12
Request by state for inmate’s appointed attorney to limit disclosure of information in civil rights action against State Penitentiary.

2001-03
A lawyer providing law-related services such as a tax business is subject to the North Dakota Rules of Professional Conduct. Under its procedures, the committee will not address issues related to past practice. Targeted mailings are not prohibited by the Rules of Professional Conduct so long as those mailings are not false or misleading. No distinction can be made between a client’s file in electronic or paper format with respect to the ethical obligation to provide information requested by the client.

1993-09
Whether settlement offer from defendants which includes condition that plaintiffs waive their right to ask for attorney’s fees and costs under 42 U.S.C. 1988 creates a conflict of interest for the attorney and whether the attorney is foreclosed from rejecting the offer.

Rule 1.5 Fees


2005-02
Is it permissible to maintain a collaboration with out-of-state lawyers, and are referrals to an attorney-owned law related enterprise permissible under the North Dakota Rules of Professional Conduct?

09-05
Is it acceptable for a law firm to deposit credit card payments for advanced fees and costs into the firm’s merchant account” and “promptly” transfer into the client trust account to offset additional processing fees charged by the credit card company?

04-02
Is a lawyer’s fee splitting arrangements ethically maintained now that the referring lawyers are suspended and can the lawyer pay fees earned to a suspended lawyer?

1994-02
An attorney who has represented a client to obtain a divorce decree in which spousal support was awarded is not precluded by Rule 1.5 (d)(1) of the NDRPC from entering into a contingent fee contract with the client to collect arrearage in spousal support.

1992-08
May a former associate be required by a firm to pay a percentage of fees for services performed for clients of the law firm after the associate had left the firm?

1989-06
Referral fee or commission in real estate matter.

1987-11
Contingent fees and fee sharing.

2001-03
A lawyer providing law-related services such as a tax business is subject to the North Dakota Rules of Professional Conduct. Under its procedures, the committee will not address issues related to past practice. Targeted mailings are not prohibited by the Rules of Professional Conduct so long as those mailings are not false or misleading. No distinction can be made between a client’s file in electronic or paper format with respect to the ethical obligation to provide information requested by the client.

2000-11
An attorney may not enter into a contractual relationship with an out-of-state firm for the referral of cases that come to the out-of-state firm via the Internet. Under the proposed agreement the out-of-state firm was to receive 33 percent of any contingent, or 20 percent of any hourly fees the North Dakota attorney would earn from any case referred. The Committee found that the proposed agreement did not require a division of fees proportionate to the services performed by each attorney as required by Rule 1.5(e) N.D.R. Prof. Conduct, nor did the agreement require the out-of-state firm to assume joint responsibility for any representation arising from the referral as required in subsection (1) of paragraph (e). Consequently, the agreement violated the requirements of Rule 1.5 (e)(1), and the attorney could not enter the contractual relationship.

1993-01
Can attorney share legal fees with a person whose license to practice law has been suspended?

1993-15
The client must communicate the fact of discharge to his or her attorney, not the newly retained attorney. A new attorney taking on a case previously handled by another attorney must ensure that the client has terminated the former attorney. A retaining lien is not a per se violation of the Rules of Professional Conduct, however, the circumstances of each case must be assessed by the attorney to determine whether the ethical obligations of the attorney to protect the former client’s interest would require the attorney to forego the assertion of the retaining lien. An attorney should forgo the right to enforce a retaining lien on a client’s papers when the former client lacks the means to pay the lawyer’s fee or to provide adequate security and has an urgent need for the papers to defend a criminal prosecution or to assert or defend a similarly important personal liberty.

11-06
Can a North Dakota law firm enter into an agreement with an out-of-state law firm that manages a pre-paid legal services referral?

Rule 1.6 Confidentiality of Information


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.7 Conflict of Interest: General Rule


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.8 Conflict of Interest: Prohibited Transactions


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.9 Conflict of Interest: Former Client


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.10 Imputed Disqualification: General Rule


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.11 Successive Government and Private Employment


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.12 Former Judge, Arbitrator, Adjudicative Officer and Law Clerks


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.13 Organization as Client


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.14 Client Under a Disability


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.15 Safekeeping Property


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.16 Declining or Terminating Representation


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.17 Sale of A Law Practice


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.18 Governmental Entity as The Cliente


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

Rule 1.19 Files, Papers and Property Related to a Representation


09-03
Is an attorney obligated to share information regarding representation of a ward with the ward’s legal guardian in a criminal manner?

II. COUNSELOR

Rule 2.1 Advisor


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 2.2 Intermediary


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 2.3 Evaluation for Use by Third Persons


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

III. ADVOCATE

Rule 3.1 Meritorious Claims and Contentions


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.2 Expediting Litigation


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.3 Candor Toward the Tribunal


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.4 Fairness to Opposing Party and Counsel


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.5 Impartiality and Decorum of the Tribunal


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.6 Trial Publicity


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.7 Lawyer as Witness


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.8 Special Responsibilities of a Prosecutor


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 3.9 Advocate in Nonadjudicative Proceedings


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

IV. TRANSACTIONS WITH OTHERS

Rule 4.1 Truthfulness in Statements to Others


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 4.2 Communication with Person Represented by Counsel


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 4.3 Dealing with Unrepresented Person


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 4.4 Respect for Rights of Third Persons


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

V. LAW FIRMS AND ASSOCIATIONS

Rule 5.1 Responsibility for an Associated Lawyer's Compliance with Rules


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 5.2 Responsibilities of a Subordinate Lawyer


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 5.3 Responsibilities Regarding Nonlawyer Assistants


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 5.4 Professional Independence of a Lawyer


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 5.5 Unauthorized Practice of Law


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 5.6 Restrictions on Right To Practice Rule


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 5.7 Responsibilities Regarding Law-Related Services


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

VI. PUBLIC SERVICE

Rule 6.1 Pro Bono Public Service


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 6.2 Appointment by a Tribunal


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 6.3 Membership in Legal Services Organization


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 6.4 Law Reform Activities Affecting Client Interests


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

VII. INFORMATION ABOUT LEGAL SERVICES

Rule 7.1 Communications Concerning the Services of a Lawyer or Persons Professionally Associated with the Lawyer


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 7.2 Firm Names and Letterheads


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 7.3 Direct Contact with Prospective Clients


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 7.4 Requesting Attorney can identify himself as a family law 'specialist' in his advertising


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

VIII. MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 8.1 Bar Admission and Disciplinary Matters


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 8.2 Judicial and Legal Officials


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 8.3 Reporting Professional Misconduct


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 8.4 Misconduct


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?

Rule 8.5 Jurisdiction


1988-01
Scope of representation ethically required of an attorney when accepting the representation, either under contract or by private retention of a client in a DUI criminal matter?