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State Bar Association of North Dakota Ethics Opinions

Free plain-English summaries of legal ethics opinions issued by the State Bar Association of North Dakota, with full citations and source links on every page.

48 opinions · Updated June 29, 2026
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Can a North Dakota law firm pay an out-of-state firm a percentage of fees collected in exchange for being its exclusive referral firm for North Dakota clients?

No. The committee concluded the arrangement violates Rule 1.5(e) because the percentage paid to the out-of-state firm is for the referral alone, not in proportion to services performed and with no wri…

January 11, 2012

Did North Dakota's bar ethics committee uphold or withdraw its opinion limiting 'Super Lawyers' advertising?

The committee withdrew Ethics Opinion 08-02 and declined to issue a new opinion on advertising the 'Super Lawyers' designation. It explained that the New Jersey Supreme Court had vacated the opinion 0…

November 17, 2009

Can a firm pay a for-profit marketing company an annual fee to advertise its services to a company's employees at a reduced rate?

No. The committee concluded the arrangement violates Rule 7.2(d)(2): paying an annual fee to a for-profit 'lawyer referral service' to steer a select group of employees to the firm is giving something…

November 17, 2008

Can a North Dakota lawyer advertise being named a 'Super Lawyer'?

This opinion has been withdrawn and superseded by SBAND Opinion 09-08. As issued, the committee expressed concern that advertising a 'Super Lawyers' designation without explaining the entity behind it…

2008

Can a North Dakota lawyer pay a per-referral fee to join an internet lawyer referral service?

Paying a referral service for clients gives value for recommending the lawyer's services, which Rule 7.2(d) generally bars, but the committee concluded a lawyer may participate if the service is not-f…

March 22, 2006

Can a lawyer collect names of potential clients from seminar attendees and then contact those people to solicit business?

Handing out a form at a seminar that asks attendees to name people who might want the lawyer's services is not itself improper, but using those names to make in-person, telephone, or other real-time s…

September 1, 2005

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Legal ethics opinions from the State Bar Association of North Dakota interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.

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