Attorney Standards Joint Committee Meeting

Scheduled on Friday, February 26, 2016 @ 10:00 AM

10:00 a.m. Call to Order

● Consideration of November 13, 2015, Meeting Minutes - meeting material (white), p.4-12 

 ● Lawyer Discipline Rule Amendments - meeting material (blue), pp.13-27

 ✭ Board of Governors comment regarding proposed amendments to Rule 6.3 (Notice of Status - Noncompliance), Rules for Lawyer Discipline, pp.13-14 

- Proposed amendments to Rule 6.3 (Note Section D), pp.15-16
- Excerpt: ABA Report on Lawyer Discipline System (Recommendation 12, 4^th para.), pp.17-18
- ABA Model Rule 27 (Note Section G), pp.19-20
 - Aakre v. Disciplinary Board, 2008 ND 209, pp.21-23

- Committee discussion and conclusions

✭ Supreme Court Referral - Proposed Amendments to Rule 3.2 (Service), Rules for Lawyer Discipline, pp.24-27

- Review proposed amendments; discussion and conclusions
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● ABA Ethics 20/20 Amendments Regarding Practice by Foreign Lawyers - Supreme Court Referral Back to Committee - meeting material (tan) pp.28-59

Comments by Chief Justice Gerald VandeWalle concerning ABA rules

✭ ND Rule 5.5 (Multijurisdictional Practice), Rules of Professional Conduct, pp.29-34
- ABA Model Rule 5.5 with amendments, pp.35-40

- Discussion and conclusions

✭ ND Rule 3, Admission to Practice Rules (Pro Hac Vice Admission and Registration), pp.41-45

- ABA Model Rule on Pro Hac Vice Admission (Note Section III regarding admission of foreign lawyers), pp.46-51
- ABA Model Rule on Registration of In-House Counsel with amendments), pp.52-59

- Discussion and conclusions

● Rule 1.18, ND Rules of Professional Conduct - Use of “Potential” Client - Supreme Court Referral Back to Committee - meeting material (salmon), pp.60-73

- Staff background on use of “potential client” in Rule 1.18 versus Model Rule use of “prospective client”

- ND Rule 1.18 with amendments recommended by Committee and adopted effective March 1, pp.61-64
- Related: ND Rule 7.3, Rules of Professional Conduct, with amendments recommended by Committee and adopted effective March 1, pp.65-70
- Model Rule 1.18, pp.71-73

- Discussion and conclusions

●Supreme Court Referral - Possible Amendments to Rule 1.2, Rules of Professional Conduct, to Include a Writing Requirement Regarding Limited Scope Representation, meeting material (yellow), pp.74-98

- In response to rule amendments proposed by Joint Procedure Committee related to limited scope representation - See Referral Letter and Accompanying Letter from Justice Dale Sandstrom, Chair, Joint Procedure Committee, pp.75-86

- Staff background regarding writing requirements in Rules of Professional Conduct
- ND Rule 1.2 (Scope of Representation .....), Note Paragraph ( c), and Comment [6], pp.87-89
- (For reference) - ABA Ethics Opinion 472, pp.90-98

- Discussion and conclusions

● Proposed Amendments to Admission to Practice Rules - Supreme Court Referral - meeting material (gray), pp.99-122

 - Overview of proposed amendments by Penny Miller, Secretary-Treasurer, Board of Law Examiners

 - Discussion and conclusions

● Licensure of Military Spouses - Supreme Court Referral- meeting material (green), pp.123-142

 - ABA Resolution 108 and Conference of Chief Justices Resolution 15, pp.124-127
  - Model Rule developed by Military Spouse JD Network, pp.128-129
 - Rules from other jurisdictions: Oklahoma (pp.130-132), North Carolina (pp.133-134 ), Colorado (pp.135-142)

 - Discussion and conclusions

2:00 p.m. Adjourn