Amendments to Terms
ND Rules of Professional Conduct
Amended Effective March 1, 1997
Certain terms used in these Rules have special significance. This section is intended to provide guidance in the interpretation of these terms. The section does not provide precise definitions, and the words included here may vary in meaning within the context of a particular Rule. Unless the context dictates otherwise, however, the meaning suggested by this section should be applied.
"Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from the person's conduct in the circumstances.
"Consult" or "consultation" denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.
"Firm" or "law firm" denotes a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization and lawyers employed in a legal services organization. See Comment, Rule 1.10.
"Fraud" or "fraudulent" denotes conduct having a purpose to deceive and not merely negligent misrepresentation or negligent failure to apprise another of relevant information.
"Knowingly", "known", or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from the person's conduct in the circumstances.
"Legal Assistant" (or paralegal) means a person who assists lawyers in the delivery of legal services, and who through formal education, training, or experience, has knowledge and expertise regarding the legal system and substantive and procedural law which qualifies the person to do work of a legal nature under the direct supervision of a licensed lawyer.
"Reasonable" or "reasonably" when used to describe conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
"Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.
"Reasonably should know" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
"Tribunal" includes all courts and all other adjudicatory bodies.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 01/10/86 and 01/31/86; Minutes of the Joint Committee on Attorney Standards Meetings of 06/13/95, 09/15/95, 12/01/95, 06/11/96.