Could a firm maintain a North Dakota office if a lawyer licensed there handled all North Dakota work?

Plain-English summary

A firm asked about maintaining an office in North Dakota. The committee said it perceived no ethical problem under the state's Rules of Professional Responsibility, given the stated fact that every matter handled in North Dakota would be handled by a lawyer licensed to practice there.

The committee separately pointed to Rule 5.4 of the Model Code of Professional Responsibility and North Dakota Century Code §10-31-13.1 concerning professional corporations, as well as other applicable law. It did not give a broader approval for work by lawyers lacking a North Dakota license.

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 Treat this page as historical context, not current guidance.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: What fact controlled the committee's answer about the office?

A: All work done in North Dakota would be handled by an attorney licensed to practice in the state.

Q: Did the committee discuss professional-corporation law?

A: Yes. It referred to Rule 5.4 and North Dakota Century Code §10-31-13.1 regarding professional corporations.

Background and rules framework

The opinion addresses the stated office arrangement under North Dakota's then-applicable professional-responsibility rules. It identifies Rule 5.4 and a professional-corporations statute without deciding their application to a different set of facts.

Citations and references

Rules of Professional Conduct:

• Rule 5.4 of the Model Code of Professional Responsibility, cited by the committee for the firm's compliance.

Statutes:

• North Dakota Century Code §10-31-13.1, cited regarding professional corporations.

See also

• Alaska Ethics Op. 2010-1: Out-of-State Lawyer's Immigration Office
• Nebraska Ethics Op. 11-06: Out-of-State Lawyer in Nebraska Arbitration

Source

• Landing page: https://www.sband.org/page/ethics_opinions
• Original PDF: https://web.archive.org/web/20250000000000id_/https://www.sband.org/resource/resmgr/docs/for_lawyers/87-12.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

December 29, 1987

Re: Ethics Opinion

The Ethics Committee of the State Bar Association of North Dakota considered your letter of October 21, 1987 at its December 29, 1987 meeting.

We do not perceive any ethical problems under the North Dakota Rules of Professional Responsibility in your firm maintaining an office in the State of North Dakota, given the fact that all work done in the State of North Dakota would be handled by an attorney licensed to practice in this state.

You should be careful to comply with Rule 5.4 of the Model Code of Professional Responsibility and §10-31-13.1 of the North Dakota Century Code regarding professional corporations and any other applicable state or federal laws.

I hope this is responsive to your request.

Sincerely,

Patrick J. Ward

PJW:gb