Rule 3.2: Provision of Legal Services Following Determination of Major Disaster
A. Determination of existence of major disaster. For purposes of this Rule, the Supreme Court
shall determine when an emergency affecting the justice system, as a result of a natural or other
major disaster, has occurred in:
1. this jurisdiction and whether the emergency caused by the major disaster affects
the entirety or only a part of this jurisdiction, or
2. another jurisdiction but only after such a determination and its geographical scope have been made by the highest court of that jurisdiction. The authority to engage in
the temporary practice of law in this jurisdiction under Section C extends only to
lawyers who principally practice in the area of the other jurisdiction determined to
have suffered a major disaster causing an emergency affecting the justice system and
the provision of legal services.
B. Temporary practice in this jurisdiction following major disaster. Following the determination
under Section A of an emergency affecting the justice system in this jurisdiction, or a determination
that persons displaced by a major disaster in another jurisdiction and residing in this jurisdiction are
in need of pro bono services and the assistance of lawyers from outside of this jurisdiction is required
to help provide such assistance, a lawyer authorized to practice law in another United States
jurisdiction, and not disbarred, suspended from practice or otherwise restricted from practice in any
jurisdiction, may provide legal services in this jurisdiction on a temporary basis. The legal services
must be provided on a pro bono basis without compensation, expectation of compensation or other
direct or indirect pecuniary gain to the lawyer. The legal services must be assigned and supervised
through the State Bar Association of North Dakota, a pro bono program or legal services program, or through another organization specifically designated by the Supreme Court.
C. Temporary practice in this jurisdiction following major disaster in another jurisdiction.
Following the determination of a major disaster in another United States jurisdiction, a lawyer who
is authorized to practice law and who principally practices in that affected jurisdiction, and who is
not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction, may
provide legal services in this jurisdiction on a temporary basis. Those legal services must arise out
of and be reasonably related to that lawyer's practice of law in the jurisdiction, or area of such other
jurisdiction, where the major disaster occurred.
D. Duration of authority for temporary practice. The authority to practice law in this jurisdiction
granted under Section B ends when the Supreme Court determines the conditions caused by the
major disaster in this jurisdiction have ended except that a lawyer then representing clients in this
jurisdiction is authorized to continue the provision of legal services for such time as is reasonably
necessary to complete the representation, but the lawyer shall not thereafter accept new clients. The
authority to practice law in this jurisdiction granted under Section C ends60 days after the Supreme
Court declares that the conditions caused by the major disaster in the affected jurisdiction have
ended.
E. Court appearances. The authority granted by this Rule does not include appearances in court
except:
1. under Admission to Practice R.3, Section A, and, if such authority is granted, the
fee imposed under Admission to Practice R. 3, Section A(1)(a)(4) is waived; or
2. if the Supreme Court, in any determination made under Section A, grants blanket
permission to appear in all or designated courts of this jurisdiction to lawyers
providing legal services under Section B. If such an authorization is included, the fee
imposed under Admission to Practice R. 3, Section A(1)(a)(4) is waived.
F. Disciplinary authority and registration requirement. Lawyers providing legal services in this
jurisdiction under Section B or C are subject to the Supreme Court's disciplinary authority as
provided in N.D.R. Prof. Conduct 8.5. Lawyers providing legal services in this jurisdiction under
Section B or C shall, within 30 days from the commencement of the provision of legal services, file
a registration statement with the State Board of Law Examiners in a form prescribed by the Board.
Any lawyer who provides legal services under this Rule is not engaged in the unlawful practice of
law in this jurisdiction.
G. Notification to clients. Lawyers authorized to practice law in another United States jurisdiction
who provide legal services under this Rule shall inform clients in this jurisdiction of the jurisdiction
in which they are authorized to practice law, any limits of that authorization, and that they are not
authorized to practice law in this jurisdiction except as permitted by this Rule. They shall not state
or imply to any person that they are otherwise authorized to practice law in this jurisdiction.
Comment
[1] A major disaster in this or another jurisdiction may cause an emergency affecting the
justice system with respect to the provision of legal services for a sustained period of time interfering
with the ability of lawyers admitted and practicing in the affected jurisdiction to continue to represent
clients until the disaster has ended. When this happens, lawyers from the affected jurisdiction may
need to provide legal services to their clients, on a temporary basis, from an office outside their home
jurisdiction. In addition, lawyers in an unaffected jurisdiction may be willing to serve residents of
the affected jurisdiction who have unmet legal needs as a result of the disaster or, though
independent of the disaster, whose legal needs temporarily are unmet because of disruption to the
practices of local lawyers. Lawyers from unaffected jurisdictions may offer to provide these legal
services either by traveling to the affected jurisdiction or from their own offices or both, provided
the legal services are provided on a pro bono basis through an authorized not-for-profit entity or
another organization specifically designated by the Supreme Court. A major disaster includes, for
example, a hurricane, earthquake, flood, wildfire, tornado, public health emergency or an event
caused by terrorists or acts of war.
[2] Under Section A(1), the Supreme Court determines whether a major disaster causing an
emergency affecting the justice system has occurred in this jurisdiction, or in a part of this
jurisdiction, for purposes of triggering Section B of this Rule. The Supreme Court may, for example,
determine that the entirety of this jurisdiction has suffered a disruption in the provision of legal
services or that only certain areas have suffered such an event. The authority granted under Section B extends only to lawyers authorized to practice law and not disbarred, suspended from practice or
otherwise restricted from practice in any other manner in any other jurisdiction.
[3] Section B permits lawyers authorized to practice law in an unaffected jurisdiction, and
not disbarred, suspended from practice or otherwise restricted from practicing law in any other
manner in any other jurisdiction, to provide pro bono legal services to residents of the affected
jurisdiction following determination of an emergency caused by a major disaster, notwithstanding
that they are not otherwise authorized to practice law in the affected jurisdiction. Other restrictions
on a lawyer's license to practice law that would prohibit that lawyer from providing legal services
under this Rule include probation, inactive status, disability inactive status or a non-disciplinary
administrative suspension for failure to complete continuing legal education or other requirements.
Lawyers on probation may be subject to monitoring and specific limitations on their practices.
Lawyers on inactive status, despite being characterized in many jurisdictions as being in good
standing, and lawyers on disability inactive status are not permitted to practice law. Public
protection warrants exclusion of these lawyers from the authority to provide legal services as defined
in this Rule. Lawyers permitted to provide legal services under this Rule must do so without fee or
other compensation, or expectation thereof. Their service must be provided through an established
not-for-profit organization that is authorized to provide legal services either in its own name or that
provides representation of clients through employed or cooperating lawyers. Alternatively, this court
may instead designate another specific organization through which these legal services may be
rendered. Under Section B, an emeritus lawyer from another United State jurisdiction may provide
pro bono legal services on a temporary basis in this jurisdiction provided that the emeritus lawyer
is authorized to provide pro bono legal services in that jurisdiction under that jurisdiction's emeritus
or pro bono practice rule. Lawyers may also be authorized to provide legal services in this
jurisdiction on a temporary basis under N.D.R. Prof. 5.5(b).
[4] Lawyers authorized to practice law in another jurisdiction, who principally practice in the
area of the other jurisdiction determined by the Supreme Court to have suffered a major disaster, and
whose practices are disrupted by a major disaster there, and who are not disbarred, suspended from
practice or otherwise restricted from practicing law in any other manner in any other jurisdiction, are
authorized under Section C to provide legal services on a temporary basis in this jurisdiction. Those
legal services must arise out of and be reasonably related to the lawyer's practice of law in the
affected jurisdiction. For purposes of this Rule, the determination of a major disaster in another
jurisdiction should first be made by the highest court of appellate jurisdiction in that jurisdiction.
[5] Emergency conditions created by major disasters end, and when they do, the authority
provided under Sections B and C also ends with appropriate notice to enable lawyers to plan and to
complete pending legal matters. Under Section D, the Supreme Court determines when those
conditions end for purposes of this Rule. The authority granted under Section B ends upon such
determination except that lawyers assisting residents of this jurisdiction under Section B may
continue to do so for such longer period as is reasonably necessary to complete the representation.
The authority provided under Section C ends 60 days after the Supreme Court makes the
determination with regard to an affected jurisdiction.
[6] Sections B and C do not authorize lawyers to appear in the courts of this jurisdiction.
Court appearances are subject to pro hac vice admission requirements under Admission to Practice
R. 3, Section A. The Supreme Court may, in a determination made under Section E(2), include
authorization for lawyers who provide legal services in this jurisdiction under Section B to appear
in all or designated courts of this jurisdiction without need for pro hac vice admission. If such an
authorization is included, the admission fee imposed under Admission to Practice R.3, Section
(1)(a)(4) is waived. A lawyer who has appeared in the courts of this jurisdiction under Section E may
continue to appear in any such matter notwithstanding a declaration under Section D that the
conditions created by major disaster have ended. Withdrawal from a court appearance is subject to
N.D.R. Prof. Conduct 1.16.
[7] Authorization to practice law as a foreign legal consultant or in-house counsel in a United
States jurisdiction offers lawyers a limited scope of permitted practice and may therefore restrict that
person's ability to provide legal services under this Rule.
[8] The ABA National Lawyer Regulatory Data Bank is available to help determine whether
any lawyer seeking to practice in this jurisdiction under Section B or C of this Rule is disbarred,
suspended from practice or otherwise subject to a public disciplinary sanction that would restrict the
lawyer's ability to practice law in any other jurisdiction.
Reference: Minutes of the Joint Committee on Attorney Standards on 09/16/11, 12/09/11,
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