PETITION FOR AMENDMENT OF RULE 13 AND PROMULGATION OF A NEW RULE 18, ADMISSION TO PRACTICE RULES
The State Bar Association of North Dakota petitions the North Dakota Supreme
Court to amend Rule 13 of the North Dakota Admission to Practice Rules by adding a new subsection F to Rule 13 as follows:
F. Professional liability insurance coverage information submitted under Rule 18 of these rules must be disclosed upon request.
The Association also petitions the Supreme Court to promulgate a new Rule 18 as
RULE 18. ANNUAL REPORTING OF PROFESSIONAL LIABILITY
A. Each licensed lawyer must certify when remitting the annual license
(1) whether the lawyer represents private clients;
(2) if the lawyer represents private clients, whether the lawyer is
currently covered by professional liability insurance;
(3) whether the lawyer intends to maintain such insurance during the
next twelve months: and
B. Each licensed lawyer must notify the State Board of Law Examiners
in writing within 30 days if the lawyer’s professional liability
coverage lapses, is no longer in effect, or terminates for any reason,
unless the policy is renewed or replaced without substantial
The members present at the General Assembly of the State Bar Association of
North Dakota held in Bismarck on June 14, 2007, passed a resolution authorizing the
submission of this petition to the Supreme Court. That resolution stated:
WHEREAS, the mission of the State Bar Association of North Dakota is to
promote justice and to serve the lawyers and the people of North Dakota; and
WHEREAS, the Executive Director of the Association and various members of the Board of Governors have been approached by various individuals, including
legislators, who have expressed a need for malpractice insurance disclosure; and
WHEREAS, a significant number of states have implemented mandatory
malpractice insurance disclosure rules; and
WHEREAS, the Board of Governors has reviewed and considered the mandatory
malpractice disclosure requirements by various jurisdictions throughout the United States;
WHEREAS, the Board has prepared a proposed rule dealing with mandatory malpractice insurance disclosure to be presented to the Supreme Court for its
consideration, which is attached to this resolution as Exhibit 1;
NOW THEREFORE, BE IT RESOLVED: the membership of the State Bar Association, assembled at the annual meeting on June 14, 2007, hereby approves the attached proposal for submission to the North Dakota Supreme Court, outlining the requirements for malpractice disclosure by all attorneys licensed to practice in the state of
North Dakota. [A copy of the proposed amendments set forth above was attached to the resolution.]
Therefore we, the President and Executive Director of the State Bar Association of
North Dakota, submit this petition on behalf of the members of the State Bar Association.
Dated this 13th day of July, 2007.
David L. Petersen President State Bar Association of N. Dak.
William A. Neumann Executive Director State Bar Association of N. Dak.