In North Dakota pro bono attorneys are governed by 3.1. It enables attorneys from other states or not in active practice to provide legal services to non-profits or indigent individuals in North Dakota.
Applications by Attorneys
Attorneys seeking to be a North Dakota pro bono attorney or assist with a legal organization must file an application to work for a legal organization with the clerk of the Supreme Court of North Dakota. They must include with the application:
- Proof of a being barred in another state
- Proof they have not been disciplined nor are facing discipline within the past 15 years or the foreseeable future
- Proof of being up to date with CLE requirements
- An affidavit from their employer that they have obtained the position
- An affidavit signed by the attorney that they have read the North Dakota rules on professional conduct, and understands they must report any disciplinary actions against them to the North Dakota courts.
Applicants will have their authorization terminate by the court if they no longer work for the legal services organization and must submit a notification to the Clerk of the North Dakota Supreme Court and the bar within 10-14 days.
Practice and Restrictions
Attorneys may practice law for their legal organizations or for North Dakota pro bono matters only while employed by such organization or client. Attorneys must also adhere to the following:
- Can not use any other title to describe their ability to represent entities or clients other than that they are a pro bono attorney for a limited amount of time or if they are a registered legal services attorney
- Attorneys cannot claim they are a member of the North Dakota bar
- Make certain their employer has indicated that they, the attorney will:
- Work without compensation
- Work solely for the employer
- Will be supervised by a North Dakota barred attorney, who will be liable for the non-barred attorneys conduct.
- Has read the North Dakota rules of professional responsibility
- That they are in good standing in their licensed jurisdictions