“THE COLDEST WINTER I EVER SPENT
WAS A SUMMER IN SAN FRANCISCO”
decline, or withdraw from a representation
in accordance with Rule 1.16. This
paragraph does not preclude legitimate
advice or advocacy consistent with these
rules.
D A N T R AY N O R
ABA Delegate
The clever quip regarding San Francisco
summers is often incorrectly attributed to
Mark Twain. Notwithstanding the unknown
origins of the quote, the city’s famously cold
summer weather welcomed lawyers attending
the American Bar Association’s (ABA)
Annual Meeting in August.
Despite the brisk weather outside, a hot
debate greeted delegates concerning changes
to the ABA Model Rules of Professional
Conduct. The debate to outlaw harassment
and discrimination caused bended ears
and filled email inboxes as those for and
against the changes lobbied their point of
view. The resulting rule change was a work
of compromise, incorporating an element
of intent and protecting the responsible
advocacy of lawyers.
Rule 8.4: Misconduct
It is professional misconduct for a
lawyer to:
(g) engage in conduct that the lawyer
knows or reasonably should know is
harassment or discrimination on the
basis of race, sex, religion, national
origin, ethnicity, disability, age, sexual
orientation, gender identity, marital status,
or socioeconomic status in conduct related
to the practice of law. This paragraph does
not limit the ability of a lawyer to accept,
24
THE GAVEL
The corollary in North Dakota is our
Professional Conduct Rule 8.4(f ) that
prohibits intentional bias or prejudice “that is
prejudicial to the administration of justice.”
North Dakota’s Delegation
Grows by One
The attendance of North Dakotans at the
annual meeting was reduced as budget cuts
in the judicial branch limited out-of-state
travel for those who might otherwise attend
meetings of the judicial division.
Attorney Andrew L. Askew
Despite the smaller attendance, North
Dakota’s representation in the House of
Delegates was the largest it has ever been.
I represent the members of SBAND in
the House of Delegates, Judge Jim Hill of
Bismarck serves as a delegate on behalf of
ABA members in the state, and Chief Justice
Gerald W. VandeWalle sits with North
Dakota’s delegation as a representative of
the Conference of Chief Justices. At the
annual meeting we were joined by Attorney
Andrew L. Askew as the Young Lawyer
Representative in the House of Delegates.
I was introduced to SBAND while working
as a summer associate in Bismarck after
my second year in law school. I was invited
to attend the SBAND Annual Meeting
for the first time and was able to learn
more about the various opportunities to be
involved in SBAND. After graduating law
school, I volunteered to serve on a variety of
committees and was selected to serve on the
SBAND/School of Law Joint Committee,
of which I currently serve. My involvement
with the ABA began in my second year of
law school when I served as the law school’s
ABA Representative. In 2016, I was selected
to serve as the Young Lawyers Division
(“YLD”) Delegate to the ABA House of
Delegates.
Askew practices law at the Pearce and
Durick Firm in Bismarck. He handles civil
and commercial litigation and government
relations. Askew is the son of North Dakota
attorney, Stuart Askew, and is originally from
Devils Lake.
What is the most unique experience
you’ve had as a result of your
involvement in the ABA, either as a
one of many lawyers in attendance or
as a Young Lawyers Delegate in the
House of Delegates?
Askew was kind enough to respond to
questions about his involvement as a young
lawyer in the ABA House of Delegates.
Attending the ABA House of Delegates
Annual Meeting as a delegate and having
the opportunity to observe some of the
intricacies of one of the world’s largest
voluntary professional organizations was
by far the most rewarding experience. In
What (or who) got you involved in
SBAND and, eventually, the ABA?