Rule 3.1 of the North Dakota Admission to Practice Rules allows attorneys admitted to the practice of law for at least five of the past ten years in the courts of any state, district, or territory of the United States, including North Dakota, to volunteer to provide civil assistance to individuals who are unable to pay for that assistance in association with an approved legal services organization.
Attorneys may only practice as an unpaid volunteer. The organization must employ at least one North Dakota attorney admitted pursuant to another rule.
Eligibility
Attorneys must have been engaged in the active practice law for at least five of the past ten years immediately preceding the application.
Approved Legal Services Organization
An “approved legal services organization” is a non-profit legal services organization in which one of the organization’s primary purposes is the provision of legal assistance to indigents, free of charge, in civil matters. The organization is required to file a petition with the North Dakota Supreme Court for approval. The petition includes an explanation of:
- The structure of the organization and whether it accepts funds from its clients.
- The major sources of funds used by the organization.
- The criteria used to determine potential clients’ eligibility for services performed by the organization.
- The types of services performed by the organization.
- The names of all members of the North Dakota Bar who are employed by the organization or who regularly perform legal work for the organization.
- The existence and extent of malpractice insurance that will cover the attorney.
Practice
Attorneys cannot receive compensation from the approved legal services organization, from the client, or through a contingent fee agreement. Approved legal service organizations or a client may reimburse any attorney for actual expenses incurred while rendering services under these pro bono rules.
Attorneys are exempt from the North Dakota CLE requirements, but must fulfill the CLE requirements as may be directed by the approved legal services organization.
Application and Certification
Attorneys are required to file an application with the North Dakota Board of Law Examiners. The application includes:
- A certificate from the highest court or agency in the state, territory, or district documenting that the applicant is presently licensed to practiced law or has been licensed to practice law for at least five of the ten years immediately preceding the date of the application. The “active practice of law” means that an attorney has been engaged in the practice of law, which includes private practice, house counsel, public employment, or academic employment.
- A certificate from the attorney disciplinary authority in each jurisdiction where the attorney has been admitted to the bar that the attorney is not disbarred, suspended, or currently undergoing proceedings of disbarment or suspension in that jurisdiction.
- Employer Affidavit. A statement signed by an authorized representative of the approved legal services organization that the applicant is or will be an unpaid volunteer under the direct supervision of the organization.
- Attorney Affidavit. The attorney’s sworn statement that:
- The attorney has read and is familiar with the Rules of Professional Conduct, Rules of the Supreme Court, and the applicable statutes of North Dakota to the conduct of lawyers and will abide by those provisions.
- Submits to the jurisdiction of the North Dakota Supreme Court for disciplinary purposes, as defined by the North Dakota Supreme Court.
- If not presently licensed to practice law, the attorney has been engaged in the active practice of law for at least five of the ten years immediately preceding the application date.
- Is not under any restriction or probation in the practice of law in any jurisdiction where the applicant is licensed.
- Whether the applicant has ever been suspended or disbarred from a court in any jurisdiction.
There is no application fee.
Termination
The North Dakota Supreme Court or the approved legal services organization may withdraw the certification with or without cause.
Authorization terminates if the attorney ceases to be supervised as an unpaid volunteer by the organization. In such cases, an authorized representative of the organization must, within 10 days of the date of the supervision ceased, file a notification of cessation with the Clerk of the North Dakota Supreme Court and the North Dakota Board of Law Examiners specifying the date the supervision ceased.