SBAND PRESIDENT
STRIVING TO CONTINUE
SBAND'S MEMBER FOCUS
and unearned fees are properly segregated),
CLIO (a legal practice management and
A U B R E Y F I E B E L K O R N - Z U G E R client intake software), and free access to
Casemaker (an online research tool).
SBAND President
On Sept. 23, 55 attorneys were admitted
to the North Dakota State Bar. It was a
chance for the admitted and their families
to celebrate years of hard work, sacrifice,
and dedication. The new attorneys were
greeted and congratulated by Governor
Doug Burgum, Attorney General Wayne
Stenehjem, UND School of Law Dean
Michael McGinniss, and members of the
State Board of Law Examiners.
The State Bar Association of North Dakota
(SBAND) also had the opportunity to
welcome these new members and extend
our heartfelt congratulations on this
accomplishment. As I told the new attorneys,
we are excited to have them join SBAND
and eagerly await the contribution of their
skills, energy, and talents to continue to
improve our association. We hope many of
these new attorneys will join our sections,
committees, and task forces, as well as attend
our social events and annual meeting.
In turn, SBAND has programs, resources,
and services available to help all our
members. Included in these are the ability
to seek an ethics opinion to help address
difficult ethical dilemmas, as well as the
Member Assistance Program, which provides
attorneys and their family members free,
confidential, and professional counseling
services. SBAND also offers members
access to Law Pay (a vendor that processes
client payments and helps ensure earned
4
THE GAVEL
We are always looking for new practice
management tools. Most recently, SBAND
added Smith.ai as a new service for
our members. Smith.ai provides virtual
receptionist services, including telephone
answering and client intake. Plans vary and
include low-cost options that help small law
firms and solo practitioners better manage
their practices. SBAND hopes members
find this service useful and that it provides
flexibility and assistance to new and growing
law firms.
While we strive to maintain and expand the
services we offer to our members, SBAND
also continues to consider its structure and
address the legal challenge it faces. To that
end, on Aug. 30, the U.S. Court of Appeals
for the Eighth Circuit issued its decision
in Fleck v. SBAND. On remand from the
U.S. Supreme Court, the Eighth Circuit
considered whether the Janus v. American
Federation of State, County, and Municipal
Employees (decided by the U.S. Supreme
Court in 2018) impacted the Eighth
Circuit’s earlier decision which had affirmed
summary judgment in favor of SBAND.
The Eighth Circuit considered two primary
issues: (1) whether the plaintiff ’s First
Amendment right to freedom of association
is violated by SBAND’s integrated
membership; and (2) whether SBAND’s
revised Keller1 procedures adequately protect
First Amendment rights.
With respect to the first issue, the Eighth
Circuit did not decide how Janus impacted
a freedom of association claim raised by a
member of an integrated bar. Instead, the
Court determined the plaintiff had forfeited
this issue by previously conceding the
claim was foreclosed by Keller and by not
developing an evidentiary record.
On the second issue, the Eighth Circuit
determined SBAND’s revised license fee
statement and procedures properly advise
attorneys of the Keller policy and allow
members to determine whether to pay the
“Keller-deduction” related to SBAND’s non-
germane expenditures. As the Eighth Circuit
explained, if a member decides to take the
Keller deduction, the member simply writes
a check for less than the full license fee
amount. Deciding both issues in favor of
SBAND, the Eighth Circuit again affirmed
the district court’s grant of summary
judgment.
SBAND is encouraged by the Eighth
Circuit’s decision but remains mindful of
the manner in which it operates. SBAND’s
primary focus has been, and will continue
to be, regulating the legal profession and
improving the quality of legal services. If
you have any suggestions for how SBAND
can better meet those goals, please do not
hesitate to contact me or SBAND Executive
Director Tony Weiler.
1
The United States Supreme Court in Keller v. State Bar of
California, 496 U.S. 1 (1990), held that an integrated bar
can, consistent with the First Amendment, use a member’s
compulsory fees to fund activities germane to regulating the
legal profession and improving the quality of legal services.