Proposed Amendments to North Dakota Rules

Proposed Amendments to North Dakota Rules - 20050353

Proposed Amendments to North Dakota Court Rules
Supreme Court Docket No. 20050353

Copies of the printed petition and rule amendment proposals may be requested from Penny Miller, Clerk of the Supreme Court at PMiller@ndcourts.gov.

Click here for information on filing comments on the proposed rules.

TABLE OF CONTENTS

I. Petition for adoption, amendment, or repeal of court rules

II. Summary of proposed amendments

III. Amendments to the North Dakota Rules of Professional Conduct proposed by Joint Committee on Attorney Standards:

PREAMBLE
SCOPE
RULE 1.0 TERMINOLOGY
RULE 1.1 COMPETENCE
RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER
RULE 1.3 DILIGENCE
RULE 1.4 COMMUNICATION
RULE 1.5 FEES
RULE 1.6 CONFIDENTIALITY OF INFORMATION
RULE 1.7 CONFLICT OF INTEREST: GENERAL RULE
RULE 1.8 CONFLICT OF INTEREST: PROHIBITED TRANSACTIONS
RULE 1.9 CONFLICT OF INTEREST: FORMER CLIENT
RULE 1.10 IMPUTED DISQUALIFICATION: GENERAL RULE
RULE 1.11 SUCCESSIVE GOVERNMENT AND PRIVATE EMPLOYMENT
RULE 1.12 FORMER JUDGE, ARBITRATOR, MEDIATOR, ADJUDICATIVE OFFICER, THIRD-PARTY NEUTRAL, AND LAW CLERK
RULE 1.13 ORGANIZATION AS CLIENT
RULE 1.14 CLIENT WITH LIMITED CAPACITY
RULE 1.15 SAFEKEEPING PROPERTY
RULE 1.16 DECLINING OR TERMINATING REPRESENTATION
RULE 1.17 SALE OF A LAW PRACTICE
RULE 1.18 DUTIES TO POTENTIAL CLIENT (New Rule)
RULE 2.1 ADVISER
RULE 2.2 INTERMEDIARY (Repealed)
RULE 2.2 EVALUATION FOR USE BY THIRD PERSONS (New Rule)
RULE 2.3 LAWYER SERVING AS THIRD-PARTY NEUTRAL (New Rule)
RULE 3.1 MERITORIOUS CLAIMS AND CONTENTIONS
RULE 3.2 EXPEDITING LITIGATION
RULE 3.3 CANDOR TOWARD THE TRIBUNAL
RULE 3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL
RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL
RULE 3.6 TRIAL PUBLICITY
RULE 3.7 LAWYER AS WITNESS
RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR
RULE 3.9 ADVOCATE IN NONADJUDICATIVE PROCEEDING
RULE 4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS RULE 4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
RULE 4.3 DEALING WITH UNREPRESENTED PERSONS
RULE 4.4 RESPECT FOR RIGHTS OF THIRD PERSONS
NEW RULE 4.5 INADVERTENT TRANSMISSION
RULE 5.1 RESPONSIBILITIES OF PARTNERS, MANAGERS, AND SUPERVISORY ATTORNEYS (New Title)
RULE 5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER
RULE 5.3 RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS
RULE 5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER
RULE 5.6 RESTRICTIONS ON RIGHT TO PRACTICE
RULE 5.7 RESPONSIBILITIES REGARDING LAW-RELATED SERVICES
RULE 6.1 PRO BONO PUBLICO SERVICES
RULE 6.2 APPOINTMENT BY A TRIBUNAL
RULE 6.3 MEMBERSHIP IN LEGAL SERVICES ORGANIZATION
RULE 6.4 REFORM ACTIVITIES AFFECTING CLIENT INTERESTS
RULE 8.1 BAR ADMISSION AND DISCIPLINARY MATTERS
RULE 8.2 JUDICIAL AND LEGAL OFFICIALS
RULE 8.3 REPORTING PROFESSIONAL MISCONDUCT
RULE 8.4 MISCONDUCT
RULE 8.5 JURISDICTION