The State Bar Association of North Dakota Summer 2015 Gavel Magazine | Page 38

these Rules or other law.” Although Rule
1.4(a)(4), N.D.R.Prof.Conduct requires
an attorney to “promptly comply with the
client’s reasonable requests for information”,
the statutory limitations of N.D.C.C. §1415-16 make such confidential information
requests unreasonable.

CONCLUSION

An attorney of an adoptive parent who is
asked to provide confidential information
about genetic parents to his client must
follow the procedures of N.D.C.C. §14-1516 on behalf of an adoptive parent client
prior to such disclosure. The provisions
of that statute “supersede any other law
regarding public hearings and records.”
N.D.C.C. §14-15-16(1). An attorney
cannot violate the statutory right of a genetic
parent to remain anonymous by disclosing
confidential information already made
available to that attorney on the electronic
court filing system—only the adoptive
agency is legally authorized to disclose such
information pursuant to a court order or
the provision of the consent of each genetic
parent.
This opinion was drafted by Robin Gordon
and was unanimously approved by the Ethics
Committee on the 28th day of July, 2015.
This opinion is provided under Rule 1.2(b),
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
advisory letter.

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