The State Bar Association of North Dakota Spring 2015 Gavel Magazine | Page 37

represented when employed by his former
law firm. Absent conflicts not raised or
addressed in this opinion, the former clients
can retain Attorney to represent them and
Attorney can require the clients execute new
fee agreements in accordance with Attorney’s
new law firm’s policy.

This opinion was drafted by Ward K.
Johnson, III and was unanimously approved
by the Ethics Committee on the 24th day of
April, 2015.
This opinion is provided under Rule 1.2(B),

STATE BAR ASSOCIATION OF NORTH DAKOTA

North Dakota Rules for Lawyer Discipline,
which states: A lawyer who acts with good
faith and reasonable reliance on a written
opinion or advisory letter of the ethics
committee of the association is not subject to
sanction for violation of the North Dakota
Rules of Professional Conduct as to the
conduct that is the subject of the opinion or

ETHICS COMMITTEE OPINION NO. 15-02
This opinion is advisory only
QUESTION PRESENTED
Attorney has been granted a temporary law license for the state of North Dakota. As a requirement for the temporary
license, Attorney must affiliate with a licensed associate attorney. In this case, Attorney and Associate Attorney do not
work in the same firm. Attorney has a solo practice. Recently, Attorney met with a potential client regarding a family
law issue. During the interview, Potential Client disclosed he previously met with Associate Attorney, who declined
representation due to a conflict of interest. The Ethics Committee has been asked to render its opinion on whether
it is permissible for Attorney, practicing under a temporary license, to represent a client when Associate Attorney is
unable to do so because of a conflict of interest. Attorney also inquired whether he/she is able to represent Potential
Client if that case does not involve filing any pleadings with a North Dakota Court.

OPINION

Based upon the facts presented, and the
assumptions set forth below, Attorney
practicing under a temporary license
may not represent a client when his/her
designated Associate Attorney is unable to
represent that same client due to a conflict of
interest, absent informed consent. The same
is true for cases where no pleadings are filed
in a North Dakota Court on behalf of the
client.
APPLICABLE NORTH DAKOTA
RULES
Rule 6.1, N.D. A