May a lawyer advertise to find people injured similarly to a client who might serve as witnesses?

Short answer The committee allowed an advertisement seeking witnesses who may have been injured on the defendant's premises in a manner similar to the client, so long as the ad was not misleading, unfair, or deceptive.
Bar
SBAND
Issued
January 21, 1987

Apply this to your situation

This page answers the general question as of 1987. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under North Dakota Rule for Lawyer Discipline 1.2(B), a lawyer who acts in good faith and in reasonable reliance on a written opinion of the association's ethics committee is not subject to sanction for the conduct the opinion addresses. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A lawyer representing an injured client asked whether it was ethically permissible to advertise to find other people who might have been injured on the defendant's premises in a similar way. The accompanying request explained that the lawyer wanted to identify people who could testify for the client and raised a concern about the line between seeking witnesses and solicitation.

The committee answered that the lawyer could run an ad to locate witnesses, on the condition that the ad itself was not misleading, unfair, or deceptive. It did not prescribe ad wording or make a broader ruling on client solicitation.

Currency note

This opinion was issued in 1987, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.

Common questions

Q: Could the lawyer place an ad to locate similarly injured witnesses?

A: Yes. The committee permitted the ad if it was not misleading, unfair, or deceptive.

Q: Did the committee approve specific wording for the ad?

A: No. Its answer states the condition for the ad but does not provide or approve particular wording.

Background and rules framework

The request sought guidance because the lawyer wanted potential witnesses and saw a possible solicitation issue. The committee answered with a condition about the ad's content, without citing a numbered professional-conduct rule.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

What do the rules say today, for your facts?

This opinion is from 1987. Ezel checks the current North Dakota Rules of Professional Conduct against your situation and cites the rules it relies on.

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