What work and file access did the committee allow a suspended lawyer after transferring clients' matters?

Plain-English summary

A suspended lawyer asked the committee about work on transferred files, legal work for a corporation he owned, landman and accounting work, business advice, and retention of file materials. The committee declined to decide whether communications with a transferee lawyer were privileged, calling that a legal rather than ethical question.

The committee allowed paid paralegal or other lay-assistant work on transferred files if supervised by the transferee attorney and consistent with Application of Christianson. It said the suspended lawyer could represent himself in a proceeding, but could not do legal work for his corporation because the corporation was another legal person.

It allowed customary landman work, accounting, and business consulting, while cautioning that the described oil and gas title and document work might constitute law practice. It also said the suspended lawyer needed to make clear to employers and others that he was not acting as an attorney during suspension.

On files, the committee said the entire file should go to the transferee attorney. The suspended lawyer could keep photocopies for purposes other than practicing law during the suspension, but had to protect their confidentiality. The PDF also encloses ABA Informal Opinion 1376; that attachment is not a North Dakota committee holding.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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 suspended lawyer act as a paralegal on transferred files?

A: Yes, under the transferee attorney's supervision and the cited Christianson guidelines.

Q: Could the lawyer do legal work for a corporation he owned?

A: No. The committee treated the corporation as a separate person, so that work would be legal work for another.

Q: Could the lawyer keep copies of transferred files?

A: The committee said the whole file should go to successor counsel, while copies could be kept for purposes other than law practice during the suspension if confidentiality was safeguarded.

Background and rules framework

The letter addresses permitted and prohibited activities during suspension, citing North Dakota cases on law practice and distinguishing the committee's ethics answers from questions of legal privilege.

Citations and references

Cases:

• Application of Christianson, 215 N.W.2d 920 (N.D. 1974), cited on lay-assistant and landman work.
• State v. Niska, 380 N.W.2d 646 (N.D. 1986), cited on potential law practice in landman tasks.
• Ranta v. McCarney, 391 N.W.2d 161 (N.D. 1986), cited on potential law practice in landman tasks.

Other opinions cited:

• ABA Informal Opinion 1376, enclosed for further guidance on files.

See also

• ND Ethics Op. 04-02: fees involving a suspended lawyer
• ND Ethics Op. 1990-06: client files and notice

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/92-07.pdf

Original opinion text

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