(a) A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal
profession in that jurisdiction.
(b) A lawyer admitted to practice in another jurisdiction and not in this jurisdiction who performs
legal services in this jurisdiction on a temporary basis does not engage in the unauthorized practice
of law in this jurisdiction when:
(1) the lawyer who is an employee of a client, acts on the client's behalf, or on behalf of the client's
commonly owned affiliates, except for work for which pro hac vice admission or registration under
Admission to Practice R.3 is required;
(2) the lawyer acts with respect to a matter that arises out of the lawyer's representation of a client
in a jurisdiction in which the lawyer is admitted to practice, except for work for which pro hac vice
admission or registration under Admission to Practice R.3 is required;
(3) with respect to matters for which registration or pro hac vice admission is available under
Admission to Practice R.3, the lawyer is authorized to represent a client or is preparing for a matter
in which the lawyer reasonably expects to be so authorized;
(4) with respect to matters, transactions or proceedings pending in or substantially related to this
jurisdiction and for which pro hac vice admission is not available under Admission to Practice R.3,
the lawyer is associated in the matter, transaction or proceeding with a lawyer admitted to practice
in this jurisdiction who actively participates in the representation of the client in the matter,
transaction or proceeding; or
(5) the lawyer performs a service that may be performed by a person without a license to practice law
or without other authorization from a federal, state or local governmental body.
(c) A lawyer admitted to practice in another United Statesjurisdiction or in a foreign jurisdiction but
not in this jurisdiction, who establishes an office or whose presence for performing legal services
is other than temporary in this jurisdiction does not engage in the unauthorized practice of law in this
(1) the lawyer who is an employee of a client, acts on the client's behalf, or on behalf of the client's
commonly owned affiliates, and the lawyer is eligible for and has complied with the lawyer
registration rules under Admission to Practice R.3,; and when the lawyer is a foreign lawyer and the
services require advice on the law of this or another U.S. jurisdiction or of the United States,
provided that the advice must be based upon the advice of a lawyer who is duly licensed and
authorized by this jurisdiction to provide the advice, or
(2) the lawyer renders services in this jurisdiction pursuant to other authority granted by federal law
or a law or Court rule of this jurisdiction.
(d) A lawyer who is not admitted to practice in this jurisdiction shall not represent or hold out to the
public that the lawyer is admitted to practice law in this jurisdiction. A lawyer who practices law in
this jurisdiction under paragraph(b) or (c) shall disclose in writing to the client that the lawyer is not
licensed in this jurisdiction.
(e) A lawyer shall not assist another person in the unauthorized practice of law.
(f) For purposes of paragraph ( c), the foreign lawyer must be a member in good standing of a
recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice
as lawyers or counselors at law or the equivalent and are subject to effective regulation and discipline
by a duly constituted professional body or a public authority.
 Paragraph (a) states the general rule that each state judiciary may regulate the legal profession
within the borders of the jurisdiction. A lawyer may regularly practice law only in a jurisdiction in
which the lawyer is admitted to practice. The practice of law in violation of lawyer-licensing
standards of another jurisdiction constitutes a violation of these Rules. This Rule does not restrict
the ability of lawyers authorized by federal statute or other federal law to represent the interests of
the United States or other persons in any jurisdiction.
 There are occasions when out-of state lawyers perform services in this state on a temporary basis
under circumstances that do not create a significant risk of harm to clients, the courts, or the public.
Paragraph (b) identifies five situations in which the out-of-state lawyer may perform services in this
state without fear of violating this Rule. By creating these five specific "safe harbors" for
multijurisdictional practice, this Rule does not address the question of whether other conduct
constitutes the unauthorized practice of law. The fact that conduct is not specifically included or
described in this Rule is not intended to imply that such conduct is the unauthorized practice of law.
Nothing in this Rule is intended to authorize a lawyer to establish an office or presence other than
temporary for performing legal services in this jurisdiction without being admitted to practice here.
In addition, nothing in this Rule is intended to authorize an out-of-state lawyer to solicit clients in
 Paragraph (b)(1) permits in-house corporate counsel and governmental lawyers to represent their
employers and their employers' commonly-owned affiliates on a temporary basis without being
admitted to the bar of this state. The safe harbor in this rule does not cover appearances in court or
other work for which pro hac vice admission or registration is required under Admission to Practice
 Paragraph (b) (2) is intended to provide broad protection to several kinds of work in this
jurisdiction that are related to the lawyer's work in the lawyer's home state, such as negotiations,
contracts, depositions and other forms of discovery, witness interviews, and meetings with clients
or other parties to a transaction. The Rule recognizes that it should be sufficient to rely on the
lawyer's jurisdiction of licensure as the jurisdiction with the primary responsibility to ensure the
lawyer has the requisite character and fitness to practice law. Also, the Rule recognizes that a client
should be able to have a single lawyer conduct all aspects of a transaction, even if the lawyer must
travel to other states. The safe harbor in this paragraph, however, does not cover transactions that
are pending in or substantially related to this state. For these state-related transactions, the
out-of-state lawyer is required to seek admission or to associate with a licensed North Dakota lawyer
as co-counsel in the representation of the client in the transaction. See paragraph (b)(4).
 Paragraph (b)(3) requires out-of-state lawyers to be admitted pro hac vice under Admission to
Practice R.3 to appear in all matters pending in a tribunal or administrative agency in this state. This
Rule provides a temporary safe harbor to a lawyer acting on a client's behalf in preparatory matters
before pro hac vice admission, so long as the lawyer reasonably expects to be so admitted. Such
preparatory work might include factual investigations and discovery in connection with litigation or
an administrative proceeding where the lawyer reasonably expects to be admitted pro hac vice.
 Paragraph (b)(4) requires the out-of-state lawyer to associate with a duly licensed local lawyer
for all transactions that are pending in or substantially related to this jurisdiction and for which pro
hac vice admission is not available. The Rule recognizes that association with a lawyer licensed in
this jurisdiction is likely to protect the interests of both clients and the public. The local lawyer may
not serve merely as a conduit for the out-of state lawyer, but must actively participate in and share
actual responsibility for the representation of the client in the matter. If the licensed lawyer's
involvement is merely pro forma, then both lawyers are subject to discipline under this Rule.
 Paragraph (b)(5) allows an out-of-state lawyer to perform services that a person who is not a
lawyer may perform without a law license or other authorization from a federal, state, or local
governmental body, e.g., in private alternative dispute resolution contexts, a non-lawyer may serve
as a mediator or arbitrator. In some administrative proceedings, a non-lawyer is permitted by law to
appear on behalf of a party. The Rule assumes that the public is adequately protected in these
instances by the over-arching provisions of Rule 8.5, which subjects all lawyers performing any
services in this jurisdiction to the Rules of Professional Conduct. If, for example, an out-of-state
lawyer performing as a neutral engages in conduct in violation of these Rules, the lawyer could be
disciplined for the misconduct, even if serving as the neutral was not the unauthorized practice of
law under this Rule. It should be noted that whereas an out-of-state lawyer who represents a client
in ADR proceedings pending in another jurisdiction would be covered by the safe harbor in this
Rule, an out-of-state lawyer who represents a client in an ADR proceeding in North Dakota must
register under Admission to Practice R.3. See paragraph (b)(3).
 Paragraph (c) creates two categories of allowable multijurisdictional practice for out-of state
lawyers who establish an office or other permanent presence in the state: 1) in-house counsel who
comply with registration rules, and 2) lawyers performing services pursuant to federal or state law
or court rule.
 Paragraph (c)(1) creates a safe harbor for in-house corporate counsel or other employed lawyers
who establish an office or other permanent presence in the state, provided they comply with the
registration rules under Admission to Practice R.3. If the out-of state lawyer is not eligible for
registration under Rule 3, this safe harbor would not apply and the lawyer must seek licensure in this
jurisdiction. Paragraph ( c)(1) also creates a safe harbor when legal services are performed by a
foreign lawyer and require advice on the law of other jurisdictions. To decrease any risk to the client,
when advising on the domestic law of a United States jurisdiction or on the law of the United States,
a foreign lawyer authorized to provide legal services under paragraph ( c)(1) must base the advice
on the advice of a lawyer licensed in this jurisdiction.
 Paragraph (c) (2) permits out-of-state-lawyers to provide legal services in this state when
authorized to do so by federal law or state law or court rule.
 Lawyers who are not licensed to practice law in this jurisdiction must not represent or hold
themselves out to the public as licensed to practice law in this jurisdiction. Paragraph (d) requires
out-of-state lawyers practicing law in North Dakota under one of the safe harbors in paragraphs (b)
and (c) to disclose in writing to their clients that they are not licensed in this state.
 Limiting the practice of law to members of the bar protects the public from unqualified persons
performing legal services. Paragraph (e) does not prohibit a lawyer from employing the services of
paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated
work and retains responsibility for it. See Rule 5.3. Lawyers may also provide professional advice
and instruction to nonlawyers whose employment requires knowledge of law; for example, claims
adjusters, employees of financial or commercial institutions, social workers, accountants and
employees of government agencies. Lawyers may assist independent nonlawyers authorized by law
to provide particular legal services, for example, paraprofessionals authorized to provide some kinds
of legal services. In addition, a lawyer may counsel nonlawyers who wish to represent themselves.
 Lawyers desiring to provide pro bono legal services on a temporary basis in a jurisdiction that
has been affected by a major disaster, but in which they are not otherwise authorized to practice law,
as well as lawyers from the affected jurisdiction who seek to practice law temporarily in another
jurisdiction, but in which they are not otherwise authorized to practice law, should consult
Admission to Practice R. 3.2.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee
on 11/08/85 and 01/31/86; Minutes of the Joint Committee on Attorney Standards on 06/24/03,
09/25/03, 11/14/03, 04/16/04, 08/06/04, 09/16/11, 12/09/11, 09/13/13, 12/06/13, 09/12/14; 02/26/16;