North Dakota

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.

(b) A lawyer admitted to practice in another jurisdiction and not in this jurisdiction, who performs legal services in this jurisdiction on a temporary basis does not engage in the unauthorized practice of law in this jurisdiction when:

(1) the lawyer who is an employee of a client, acts on the client’s behalf, or on behalf of the client’s commonly owned affiliates, except for work for which pro hac vice admission or registration under Admission to Practice R.3 is required;

(2) the lawyer acts with respect to a matter that arises out of the lawyer’s representation of a client in a jurisdiction in which the lawyer is admitted to practice, except for work for which pro hac vice admission or registration under Admission to Practice R.3 is required;

(3) with respect to matters for which registration or pro hac vice admission is available under Admission to Practice R.3, the lawyer is authorized to represent a client or is preparing for a matter in which the lawyer reasonably expects to be so authorized;

(4) with respect to matters, transactions or proceedings pending in or substantially related to this jurisdiction and for which pro hac vice admission is not available under Admission to Practice R.3, the lawyer is associated in the matter, transaction or proceeding with a lawyer admitted to practice in this jurisdiction who actively participates in the representation of the client in the matter, transaction or proceeding; or

(5) the lawyer performs a service that may be performed by a person without a license to practice law or without other authorization from a federal, state or local governmental body.

(c) A lawyer admitted to practice in another jurisdiction but not in this jurisdiction, who establishes an office or whose presence is other than temporary in this jurisdiction does not engage in the unauthorized practice of law in this jurisdiction when:

(1) the lawyer who is an employee of a client, acts on the client’s behalf, or on behalf of the client’s commonly owned affiliates, and the lawyer is eligible for and has complied with the lawyer registration rules under Admission to Practice R.3, or

(2) the lawyer renders services in this jurisdiction pursuant to other authority granted by federal law or a law or Court rule of this jurisdiction.

(d) A lawyer who is not admitted to practice in this jurisdiction shall not represent or hold out to the public that the lawyer is admitted to practice law in this jurisdiction. A lawyer who practices law in this jurisdiction under paragraph(b) or (c) shall disclose in writing to the client that the lawyer is not licensed in this jurisdiction.

(e) A lawyer shall not assist another person in the unauthorized practice of law.

Comments to Rule 5.5

In-House Counsel Rule

Under Rule 5.5(c) corporate counsel and governmental attorneys are free to perform legal work for their employers while temporarily in the state under the safe harbor for in-house counsel in the North Dakota version of Model Rule 5.5, but in-house counsel who establish an office or other permanent presence in the state must comply with registration rules or become admitted to practice in the state.

Pro Hac Vice

Pro hac vice admission is governed by North Dakota Supreme Court Rules Admission to Practice Rule 3. Pro hac vice admission is required for all nonlicensed nonresident attorneys admitted and licensed to practice law in another state or the District of Columbia, who engage in the practice of law by appearing, either in person, by signing pleadings, or by being designated as counsel in actions filed in state courts, administrative agencies, or tribunals.

Admission on Motion

North Dakota’s Admission on Motion practice is governed by the Supreme Court Rules Admission to Practice Rule 7.

Contact

State Bar Association of North Dakota
504 North Washington Street
Bismarck, ND 58501
Phone (701) 255-1404
(800) 472-2685 (in state)
Email: info@sband.org