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.
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Is maternity leave a physical condition that requires a lawyer to withdraw from cases, and what must a lawyer do to cover her matters during a 7-month leave?
No. The committee concluded that maternity leave is not a physical condition that materially impairs a lawyer's ability to represent clients and so does not require withdrawal under Rule 1.16(a)(2). B…
Can a lawyer with offices in two communities sell one office's practice and keep practicing in the same fields and the same geographic area?
No. The committee concluded that Rule 1.17 does not permit a lawyer who has offices in more than one North Dakota community to sell the practice associated with one office and continue practicing in t…
After serving a summons and complaint, can a lawyer simply withdraw when the client stops paying and communicating, or must the lawyer file the case and move for leave to withdraw?
The lawyer must file the case, pay the filing fee, and move for leave to withdraw. The committee concluded that serving a summons and complaint is an appearance, and under North Dakota Rule of Court 1…
Must a lawyer who represents adoptive parents and can see confidential genetic-parent information in the court file disclose it to the adoptive-parent client on request?
No. The committee concluded a lawyer for adoptive parents is statutorily obligated under N.D.C.C. 14-15-16 to keep the genetic parents' identifying information confidential unless that statute's discl…
Is it ethical for a North Dakota lawyer to practice collaborative law, where the lawyer agrees to withdraw if the parties cannot settle and litigation becomes necessary?
Yes. The committee concluded that collaborative law is a permissible limited-scope representation under Rule 1.2(c), so long as the client gives informed consent after being told the process's advanta…
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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.