The State Bar Association of North Dakota Spring 2015 Gavel Magazine | Page 36

STATE BAR ASSOCIATION OF NORTH DAKOTA

ETHICS COMMITTEE OPINION NO. 15-01
This opinion is advisory only
QUESTION PRESENTED
Attorney was employed with a law firm from August 2013 until December 2014. Attorney signed a variety of fee
agreements on behalf of the firm. The fee agreements were between the law firm and the clients, but Attorney
signed most of them as an attorney. Attorney parted ways with the law firm in early January 2015. Attorney received
a cease and desist letter stating that he was not to contact any former clients and also to turn over any client contact
information in his possession. Thereafter, the firm sent a letter to all of Attorney’s former clients, giving them the
option to continue with the firm, hire Attorney, or retain another attorney. Four of these clients opted to continue
representation by Attorney. The Ethics Committee has been asked to render its opinion on: (1) Whether Attorney
automatically has an attorney-client relationship with the four former clients? (2) Whether Attorney can represent the
four former clients? (3) Whether Attorney can execute new fee agreements due to a different fee structure at his new
firm?

OPINION

Based on the facts presented below, Attorney
does not have an automatic attorney-client
relationship, but could represent the four
clients who chose to follow Attorney to his
new firm with the requirement that new fee
agreements be signed.
APPLICABLE NORTH DAKOTA
RULES OF PROFESSIONAL
CONDUCT
Rule 1.9, N.D.R. Prof. Conduct: Duties to
Former Client [4]

FACTS PRESENTED

Attorney performed various legal services
for law firm from August 2013 through
December 2014. During this time Attorney
signed fee YܙY[Y[