PROPOSED AMENDMENTS TO RULE 8.5 - ND RULES OF PROFESSIONAL CONDUCT
RULE 8.5 JURISDICTION
(a) A lawyer admitted to practice in this jurisdiction is subject to disciplinary action in this jurisdiction even though the conduct of the lawyer giving rise to the discipline may have occurred outside of this jurisdiction and even when that conduct may subject or has subjected the lawyer to discipline by another jurisdiction.
(b) Persons not licensed to practice law in this jurisdiction, but eligible to practice elsewhere who actually engage in this jurisdiction in the practice of law, are subject to the disciplinary authority of this jurisdiction.
In modern practice lawyers frequently act outside the territorial limits of the jurisdiction in which they are licensed to practice, either in another state or outside the United States. In doing so, they remain subject to the governing authority of the jurisdiction in which they are licensed to practice and may also become subject to the authority of the other jurisdiction. Their activity in another jurisdiction may also constitute the unauthorized practice of law in that jurisdiction. See Rule 5.5. When this jurisdiction exercises its authority over persons eligible to practice elsewhere but not here, although there is no license or certificate of admission against which to act the disciplinary authority may enter findings of violations of these rules and enter, as relief, prohibitions from applying for admission here, pro hac vice or otherwise, for a period, and report the action to the jurisdiction in which the person is eligible.
Lawyers not licensed here may lawfully practice here within the safe harbors identified in Rule 5.5 or when registered or admitted pro hac vice pursuant to applicable rules. Such lawyers are not, by virtue of that authorization or limited admission, licensed to practice law in this jurisdiction, but are nonetheless subject to discipline here.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 12/13/85 and 01/10/86: Minutes of the Joint Committee on Attorney Standards on 06/24/03, 09/25/03, 11/14/03, 04/16/04, and 08/06/04.