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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


North Dakota Rules of Professional Conduct

PREAMBLE, SCOPE AND TERMINOLOGY

PREAMBLE: A LAWYER'S RESPONSIBILITIES

A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As intermediary between clients, a lawyer seeks to reconcile their divergent interests. A lawyer acts as evaluator by examining a client’s legal affairs and reporting about them to the client or to others.

In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

As a public citizen, a lawyer should seek improvement of the law, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore devote professional time and civic influence in their behalf. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.

A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an upright person while earning a satisfactory living. The Rules of Professional Conduct prescribe terms for resolving such conflicts. Within the framework of these Rules many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules.

The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession’s independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

The legal profession’s relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

SCOPE

The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms “shall” or “shall not”. These define proper conduct for purposes of professional discipline. Others, generally cast in the term “may”, are permissive and define areas under the Rules in which the lawyer has professional discretion. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer’s professional role. Many of the Comments use the term “should”. Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

The Rules presuppose a larger legal context shaping the lawyer’s role. That context includes court rules and statutes relating to matters of licensure, laws defining special obligations of lawyers and substantive and procedural law in general. Compliance with the Rules, as with all law in an open society depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

Furthermore, for purposes of determining the lawyer’s authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that may attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

The Rules are designed only to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies; they are not designed to be a basis for civil liability. Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer’s conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

These Rules are not intended to govern or affect judicial application of either the attorney-client or work product privilege. Those privileges were developed to promote compliance with law and fairness in litigation. In reliance on the attorney-client privilege, clients are entitled to expect that communications within the scope of the privilege will be protected against compelled disclosure. The attorney-client privilege is that of the client and not of the lawyer. The fact that in exceptional situations the lawyer under the Rules has a limited discretion or duty to disclose a client confidence does not vitiate the proposition that, as a general matter, the client has a reasonable expectation that information relating to the client will not be voluntarily disclosed and that disclosure of such information may be judicially compelled only in accordance with recognized exceptions to the attorney-client and work product privileges.

The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.

TERMS

Certain terms used in these Rules have special significance. This section is intended to provide guidance in the interpretation of these terms. The section does not provide precise definitions, and the words included here may vary in meaning within the context of a particular Rule. Unless the context dictates otherwise, however, the meaning suggested by this section should be applied.

“Belief” or “believes” denotes that the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from the person’s conduct in the circumstances.

“Consult” or “consultation” denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.

“Firm” or “law firm” denotes a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization and lawyers employed in a legal services organization. See Comment, Rule 1.10.

“Fraud” or “fraudulent” denotes conduct having a purpose to deceive and not merely negligent misrepresentation or negligent failure to apprise another of relevant information.

“Knowingly”, “known”, or “knows” denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from the person’s conduct in the circumstances.

“Legal Assistant” (or paralegal) means a person who assists lawyers in the delivery of legal services, and who through formal education, training, or experience, has knowledge and expertise regarding the legal system and substantive and procedural law which qualifies the person to do work of a legal nature under the direct supervision of a licensed lawyer.

“Reasonable” or “reasonably” when used to describe conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

“Reasonable belief” or “reasonably believes” when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

“Reasonably should know” when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

“Tribunal” includes all courts and all other adjudicatory bodies.

CLIENT-LAWYER RELATIONSHIP

Rule 1.1 Competence

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

[Comment][Narrative][Other Jurisdictions]

Rule 1.2 Scope of Representation

(a) A lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to paragraphs (c), (d) and (e), and, where appropriate, consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client’s decision whether to accept an offer or settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

(c) A lawyer may limit the objectives of the representation if the client consents after consultation.

(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

(e) When a lawyer knows that a client expects assistance not permitted by these rules or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct.

[Comment][Narrative][Other Jurisdictions]

Rule 1.3 Diligence

A lawyer shall act with reasonable diligence and promptness in representing a client.

[Comment][Narrative][Other Jurisdictions]

Rule 1.4 Communication

(a) A lawyer shall make reasonable efforts to keep a client reasonably informed about the status of a matter. A lawyer shall promptly comply with a client’s reasonable requests for information.

(b) A lawyer shall explain matters related to the representation to the extent reasonably necessary to permit the client to make informed decisions.

[Comment][Narrative][Other Jurisdictions]

Rule 1.5 Fees

(a) A lawyer’s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and

(8) whether the fee is fixed or contingent.

(b) When the lawyer has not regularly represented the client, the basis, rate, or amount of the fee shall be communicated to the client before or within a reasonable time after commencing the representation.

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

(d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or

(2) a contingent fee for representing a defendant in a criminal case.

(e) A division of fee between lawyers who are not in the same firm may be made only if:

(1) The division of fee is in proportion to the services performed by each lawyer or each lawyer, by written agreement, assumes joint responsibility for the representation;

(2) After consultation, the client does not object to the participation of all the lawyers involved; and

(3) The total fee is reasonable.

(f) A lawyer may charge for work performed by a legal assistant.

(g) A lawyer may not split legal fees with a legal assistant nor pay a legal assistant for the referral of legal business. A lawyer may compensate a legal assistant based on the quantity and quality of the legal assistant’s work and value of that work to a law practice. The legal assistant’s compensation may not be contingent, by advance agreement, upon the outcome of a case or upon the profitability of the lawyer’s practice.

[Comment][Narrative][Other Jurisdictions]

Rule 1.6 Confidentiality of Information

A lawyer shall not reveal, or use to the disadvantage of a client, information relating to the representation of the client unless required or permitted to do so by this rule. When such information is authorized by this rule to be revealed or used, the revelation or use shall be no greater than the lawyer reasonably believes necessary to the purpose. Such revelation or use is:

(a) required to the extent the lawyer believes necessary to prevent the client from committing an act that the lawyer believes is likely to result in imminent death or imminent substantial bodily harm;

(b) permitted when the client consents after consultation;

(c) permitted when impliedly authorized in order to carry out the representation;

(d) permitted to the extent the lawyer reasonably believes necessary to prevent the client from committing a criminal or fraudulent act that the lawyer reasonably believes is likely to result in non-imminent death, non-imminent substantial bodily harm, or substantial injury or harm to the financial interests or property of another;

(e) permitted to the extent the lawyer reasonably believes necessary to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;

(f) permitted, except as limited by Rule 3.3(c), to prevent or to rectify the consequences of a client’s criminal or fraudulent act in the furtherance of which the lawyer’s services had been used without the lawyer’s knowledge;

(g) permitted to comply with law or court order; and

(h) permitted when information has become generally known.

[Comment][Narrative][Other Jurisdictions]

Rule 1.7 Conflict of Interest

(a) A lawyer shall not represent a client if the lawyer’s ability to consider, recommend, or carry out a course of action on behalf of the client will be adversely affected by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests.

(b) A lawyer shall not represent a client when the lawyer’s own interests are likely to adversely affect the representation.

(c) A lawyer shall not represent a client if the representation of that client might be adversely affected by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests, unless:

(1) The lawyer reasonably believes the representation will not be adversely affected; and

(2) The client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.

(d) Except as required or permitted by Rule 1.6, a lawyer shall not use information relating to representation of a client to the disadvantage of a client unless a client who would be disadvantaged consents after consultation.

(e) As used in Rules 1.7 through 1.12, the term “matter” includes any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party.

[Comment][Narrative][Other Jurisdictions]

Rule 1.8 Conflict of Interest: Prohibited Transactions

(a) Except for standard commercial transactions involving products or services that the client generally markets to others, a lawyer shall not enter into a business, financial or property transaction with a client unless:

(1) The transaction is fair and reasonable to the client; and

(2) After consultation, including advice to seek independent counsel, the client consents to the transaction.

(b) Except as permitted or required in Rules 1.6 and 3.3, a lawyer shall not use information relating to representation of a client to the disadvantage of the client for purposes of furthering either the lawyer’s or another person’s interest unless after consultation, including advice to seek independent counsel, the client consents.

(c) A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, unless the client is related to the donee.

(d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:

(1) A lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter;

(2) A lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client; and

(3) A lawyer may guarantee a loan reasonably needed to enable the client to withstand delay in litigation that would otherwise put substantial pressure on the client to settle a case because of financial hardship rather than on the merits, provided the client remains ultimately liable for repayment of the loan without regard to the outcome of the litigation and, further provided, that no promise of financial assistance was made to the client by the lawyer or by another in the lawyer’s behalf, prior to the employment of that lawyer by the client.

(f) A lawyer shall not accept compensation for representing a client from one other than the client unless:

(1) there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship;

(2) information relating to representation of a client is protected as required by Rule 1.6; and

(3) after consultation, the client consents.

(g) A lawyer who represents two or more clients, other than in class actions, shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty pleas, unless, after consultation, including disclosure of the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement, each client consents.

(h) A lawyer shall not settle a claim for the lawyer’s liability for malpractice with an unrepresented client or former client unless, after consultation, including advice to seek independent counsel, the client or former client consents.

(i) A lawyer shall not make an agreement prospectively limiting the lawyer’s liability to the client for malpractice except in an emergency where:

(1) referral to or consultation or association with another lawyer has been found to be impractical; or

(2) the lawyer’s advice to a client to seek consultation or association with another lawyer is unequivocally rejected; and

(3) the immediate services of a lawyer who has advised the client that the lawyer does not have the ordinary skill required to give competent representation in the matter are unequivocally requested.

(j) A part-time prosecutor or judge permitted by law to engage in the practice of law in addition to the part-time service shall not in that practice represent a client if the representation will or probably will require any pleading or appearance on the client’s behalf:

(1) If the lawyer is a part-time prosecutor and the client is charged or expects to be charged with crime, in the jurisdiction in which the lawyer holds the prosecutorial appointment; and

(2) If the lawyer is a part-time judge, in:

(i) the court in which the judge holds appointment; or

(ii) any court from which appeals may be brought to the court in which the judge holds appointment.

[Comment][Narrative][Other Jurisdictions]

Rule 1.9 Conflict of Interest: Former Client

 

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 1.10 Imputed Disqualification

(a)

(b)

(c)

(d)

[Comment][Narrative][Other Jurisdictions]

Rule 1.11 Successive Government and Private Employment

(a)

(b)

(c)

(d)

(e)

(f)

[Comment][Narrative][Other Jurisdiction]

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

(a)

(b)

(c)

(d)

[Comment][Narrative][Other Jurisdictions]

Rule 1.13 Organization as Client

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 1.14 Client Under a Disability

 

[Comment][Narrative][Other Jurisdictions]

Rule 1.15 Safekeeping Property

(a)

(b)

(c)

(d)

(e)

(f)

(g)

[Comment][Narrative][Other Jurisdictions]

Rule 1.16 Declining or Terminating Representation

(a)

(b)

(c)

(d)

(e)

[Comment][Narrative][Other Jurisdictions]

Rule 1.17 Sale of Law Practice

 

(a)

(b)

(c)

(d)

(e)

[Comment][Narrative][Other Jurisdictions]

Rule 1.18 Government Entity as Client

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 1.19 Files, Papers, and Property Related to a Representation

(a)

(b)

(c)

(d)

(e)

(f)

[Comment][Narrative][Other Jurisdictions]

COUNSELOR

Rule 2.1 Advisor

 

[Comment][Narrative][Other Jurisdictions]

Rule 2.2 Intermediary

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 2.3 Evaluation for Use by Third Persons

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

ADVOCATE

Rule 3.1 Meritorious Claims and Contentions

 

[Comment][Narrative][Other Jurisdictions]

Rule 3.2 Expediting Litigation

 

[Comment][Narrative][Other Jurisdictions]

Rule 3.3 Candor Toward the Tribunal

(a)

(b)

(c)

(d)

(e)

(f)

[Comment][Narrative][Other Jurisdictions]

Rule 3.4 Fairness to Opposing Party and Counsel

(a)

(b)

(c)

(d)

(e)

(f)

[Comment][Narrative][Other Jurisdictions]

Rule 3.5 Impartiality and Decorum of the Tribunal

 

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 3.6 Trial Publicity

 

[Comment][Narrative][Other Jurisdictions]

Rule 3.7 Lawyer as Witness

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 3.8 Special Responsibilities of a Prosecutor

 

(a)

(b)

(c)

(d)

(e)

[Comment][Narrative][Other Jurisdictions]

Rule 3.9 Advocate in Nonadjudicative Proceedings

 

[Comment][Narrative][Other Jurisdictions]

TRANSACTIONS WITH PERSONS OTHER THAN CLIENT

Rule 4.1 Truthfulness in Statements to Others

 

[Comment][Narrative][Other Jurisdictions]

Rule 4.2 Communication with Person Represented by Counsel

 

[Comment][Narrative][Other Jurisdictions]

Rule 4.3 Dealing with Unrepresented Person

 

[Comment][Narrative][Other Jurisdictions]

Rule 4.4 Respect for the Rights of Third Persons

 

[Comment][Narrative][Other Jurisdictions]

LAW FIRMS AND ASSOCIATIONS

Rule 5.1 Responsibility for an Associated Partners Compliance with Rules

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 5.2 Responsibilities of a Subordinate Lawyer

 

[Comment][Narrative][Other Jurisdictions]

Rule 5.3 Responsibilities Regarding Nonlawyer Assistants

 

(a)

(b)

(c)

(d)

[Comment][Narrative][Other Jurisdictions]

Rule 5.4 Professional Independence of a Lawyer

(a)

(b)

(c)

(d)

[Comment][Narrative][Other Jurisdictions]

Rule 5.5 Unauthorized Practice of Law

 

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 5.6 Restrictions on Right to Practice

 

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 5.7 Responsibilities Regarding Law-Related Services

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

PUBLIC SERVICE

Rule 6.1 Pro Bono Publico Service

 

[Comment][Narrative][Other Jurisdictions]

Rule 6.2 Appointment by a Tribunal

 

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 6.3 Membership in Legal Services Organization

 

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 6.4 Law Reform Activities Affecting Client Interests

 

[Comment][Narrative][Other Jurisdictions]

INFORMATION REGARDING LEGAL SERVICES

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

 

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 7.2 Advertising

(a)

(b)

(c)

(d)

[Comment][Narrative][Other Jurisdictions]

Rule 7.3 Direct Contact with Prospective Clients

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 7.4 Communication of Fields of Practice

 

(a)

(b)

(c)

[Comment][Narrative][Other Jurisdictions]

Rule 7.5 Firm Names and Letterheads

(a)

(b)

(c)

(d)

(e)

[Comment][Narrative][Other Jurisdictions]

MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 8.1 Bar Admission and Disciplinary Matters

 

(a)

(b)

[Comment][Narrative]

Rule 8.2 Judicial and Legal Officials

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 8.3 Reporting Professional Misconduct

(a)

(b)

(c)

[Comment][Narrative]

Rule 8.4 Misconduct

 

(a)

(b)

(c)

(d)

(e)

[Comment][Narrative][Other Jurisdictions]

Rule 8.5 Jurisdiction

(a)

(b)

[Comment][Narrative][Other Jurisdictions]

Rule 9.1 Title and Citation

These rules are titled, “North Dakota Rules of Professional Conduct,” and may be cited as “N.D.R. Prof. Conduct.”