(1) Counsel and substitute temporary counsel must be admitted to the practice of law in North
(2) With the exception of substitute temporary counsel, counsel may not engage in the private
practice of law.
B. Powers and Duties. Counsel shallhas the following powers and duties:
(1) Receive and screen all complaints to determine whether summary dismissal is appropriate;
(1) Upon referral by a district inquiry committee, investigate(2) Investigate all information about
a lawyer which, if true, would be grounds for discipline or transfer to disability inactive or
incapacitated status and prepare an investigative report and recommendations for the district inquiry
(3) In accordance with Rule 3.1C, dismiss a complaint;
(2)(4)AdviseProvide training and education to the board, hearing panels, and the district inquiry
committeescommittee on legal issues relating to lawyer discipline and disability;
(3)(5) Prosecute disciplinary, disability, and reinstatement proceedings before hearing panels and
(4)(6) Supervise staff needed for the performance of investigative and prosecutorial functions, as
authorized by the operations committee and within limits of funds available;
(5)(7)Promptly notify the complainant and the lawyer of the disposition of each matter;
(6)(8) Notify each jurisdiction in which a lawyer is admitted of a transfer to or from disability
inactive or incapacitated status, a reinstatement, or any public discipline imposed in this state;
(7)(9)When a lawyer is convicted in this state of a serious crime as defined in Rule 4.1C, forward
a certified copy of the judgment of conviction to the disciplinary agency in each jurisdiction in which
the lawyer is admitted; and
(10) Maintain permanent records of informal matters, subject to the expunction requirements of Rule
(8)(11) Provide regular reports on all complaints filed with the secretary to the district inquiry
committeescommittee and the board at their scheduled meetings.
C. Advisory Letter. At the direction of the inquiry committee under Rule 3.1C, counsel shall issue
an advisory letter in conjunction with dismissal of a complaint when:
(1) the respondent’s conduct constitutes a violation, but does not warrant an admonition or sanction
and it appears appropriate to caution the respondent concerning the respondent’s conduct; or
(2) the respondent’s conduct does not constitute a violation, but the respondent should be cautioned.
An advisory letter is not a sanction and is not a disciplinary action. An advisory letter may not be
introduced into evidence in any subsequent disciplinary proceeding.
D. Ex Parte Communications with Disciplinary Counsel
Members of the inquiry committee, hearing panel, the board, or the supreme court shall not
communicate ex parte with disciplinary counsel regarding a pending or impending investigation or
disciplinary matter except as explicitly provided for by law or for procedural, scheduling, or
administrative purposes, or emergencies that do not deal with substantive matters or issues on the
matters provided that:
(1) it is reasonable to believe that no party will gain a procedural or tactical advantage as a result of
the ex parte communication; and
(2)provision is promptly made to notify all other parties of the substance of the ex parte
communication and an opportunity to respond is allowed.
Rule 2.5 adopted effective January 1, 1995; amended on an emergency basis effective July 16, 1998;
adopted on a final basis effective September 8, 1998; amended effective July 1, 1999;
Section B was amended effective ____________ to establish new disciplinary counsel duties related
to receiving and screening all complaints to determine whether summary dismissal is appropriate,
investigation of all information and complaints, summary dismissal of a complaint under Rule 3.1C,
providing training and education, rather than advising, the disciplinary board, hearing panels, and
inquiry committee, and maintaining permanent records of informal matters.
New Section C was created effective ____________ to provide for the issuance to a respondent
lawyer of an advisory letter by disciplinary counsel if directed by the inquiry committee.
New Section D was created effective ____________ to prohibit, with certain exceptions, ex parte
communications between disciplinary counsel and members of the inquiry committee, hearing panel,
disciplinary board, or the supreme court.