FREE ND Bar Ethics and Professional Responsibility Questions and Answers
Under the North Dakota Rules of Professional Conduct, an attorney is generally prohibited from revealing information relating to the representation of a client. Which of the following situations is an exception to this rule?
Under Rule 1.6(b) of the North Dakota Rules of Professional Conduct, an attorney may disclose confidential information if the attorney reasonably believes it is necessary to prevent the client from committing a future crime that could result in death or substantial bodily harm. Disclosing information to family members, potential employers, or merely in response to a subpoena without client consent is generally not permitted unless it falls under specific exceptions.
How should an attorney in North Dakota handle communication with a client about the status of their case?
Rule 1.4 of the North Dakota Rules of Professional Conduct requires attorneys to keep clients reasonably informed about the status of their case and to promptly respond to their requests for information. Regular updates on significant developments help ensure that clients are aware of the progress and any important decisions that need to be made.
An attorney has represented Client A for several years. Client B, who has a conflicting claim against Client A, approaches the attorney for representation. What should the attorney do?
Under Rule 1.7 of the North Dakota Rules of Professional Conduct, an attorney must avoid conflicts of interest. Representing Client B in a matter that conflicts with the interests of existing Client A creates an inherent conflict. Therefore, the attorney should decline to represent Client B and continue representing Client A, ensuring that the conflict does not impair the attorney's duty to either client.
What is an attorney's obligation regarding truthfulness in their representations to the court?
Under Rule 3.3 of the North Dakota Rules of Professional Conduct, attorneys have an obligation to be truthful and not make misleading statements to the court. This includes ensuring that evidence presented and statements made are accurate and honest, as misleading the court undermines the legal process and the attorney’s ethical obligations.
What is required for an attorney in North Dakota to ensure that their fees are considered reasonable?
Rule 1.5 of the North Dakota Rules of Professional Conduct requires that attorneys charge reasonable fees. To ensure transparency and reasonableness, it is important for attorneys to provide a written fee agreement to clients. This helps clarify the basis of the fees and avoids misunderstandings. While disclosure of additional costs and client consent for fee increases are good practices, the written agreement is a primary requirement.