The Rules of Professional Conduct do not prohibit attorneys from
purchasing claims from non-clients. We understand “non-client” to
mean a person who is not a prospective client (also known as putative
client), current client, or former client. Rules 1.6, 1.7, 1.8, and 1.9
apply only to prospective clients, current clients, or former clients. If
the person is not a prospective client, current client, or former client,
then Rules 1.6, 1.7, 1.8, and 1.9 do not prohibit the transaction.
This conclusion is supported by a decision made by District of
Columbia’s Ethics Committee. D.C. Ethics Op. 319 (2003)
(available at http://www.dcbar.org/bar-resources/legal-ethics/opinions/
opinion319.cfm). North Dakota Rule of Professional Conduct 1.8
is the same as D.C. Rule of Professional Conduct 1.8, as they are
both modeled after the American Bar Association Model Rule.
Compare N.D.R.Prof.Conduct 1.8 with D.C.R. Prof ’l Conduct 1.8.
The North Dakota Rules of Professional Conduct are based in part
on the ABA's Model Rules of Professional Conduct, so Courts may
consider other authorities' interpretation and anal