TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 22, 2016
RE: Rule 11.2, N.D.R.Ct., Withdrawal of Attorneys
The Board of Governors of the State Bar Association of North Dakota has requested that the committee consider a change to Rule 11.2. A letter from the board is attached.
The board proposes that a new subdivision be added to Rule 11.2 to make clear that withdrawal under the rule is not required in a civil case that has not been filed. In its letter, the board indicates that such a change is needed so that attorneys are not required to file cases for the sole purpose of requesting withdrawal for representation. The board states that an attorney seeking to withdraw in a case that had not been filed would still have an ethical obligation to inform the client in writing of the attorney's action.
Proposed amendments to Rule 11.2 consistent with the board's suggestions are attached.