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Conduct do not define “advertising,” and our Rule 7.1 is significantly different from New York’s Rule; thus this portion of the New York opinion appears to provide us with minimal guidance. North Dakota and New York have similar Rules 8.4(c). On this score, the New York committee reasoned: “Rule 8.4(c) provides that a lawyer or law firm shall not ‘engage in conduct involving dishonesty, fraud, deceit or misrepresentation.’ Even as to testimonials from former clients – which are not subject to Rule 7.1(e)(4)’s requirement of informed consent – a coerced rating, or one written by the lawyer, would constitute not only an advertisement subject to Rule 7.1(a) but also conduct involving deceit and misrepresentation in violation of Rule 8.4(c), attempting to pass off the lawyer’s words and opinions as the former client’s.”13 The New York committee concluded, “A lawyer may give clients a $50 credit on their legal bills if they rate the lawyer on an internet website such as Avvo that allows clients to evaluate their lawyers, provided the credit against the lawyer’s bill is not contingent on the content of the rating, the client is not coerced or compelled to rate the lawyer, and the ratings and reviews are done by the clients and not by the lawyer.”14 1. N.Y. State Bar Assn. Ethics Op. 1052 (3/25/15) and N.C. State Bar Formal Ethics Op. 3 (4/17/15). 2. See N.D.R. Lawyer Discipl. 1.2(B) “A lawyer who acts with good faith and reasonable reliance on a written opinion or advisory letter of the ethics committee of the association is not subject to sanction for violation of the North Dakota Rules of Professional Conduct as to the conduct that is the subject of the opinion or advisory letter.” 3. N.Y. State Bar Assn. Ethics Op. 1052 at ¶ 2. 4. Id. 5. Id. at ¶ 5. 6. N.D.R.Prof. Conduct 7.2(c). 7. N.Y. State Bar Assn. Ethics Op. 1052 at ¶ 6. 8. Id. 9. Id. at ¶ 7. 10. Id. at ¶ 8. 11. Id. at ¶ 9. 12. Id. at ¶ 10. 13. Id. at ¶ 12. 14. Id. at ¶ 14. When a lawyer needs a lawyer. Accepting clients and referrals in professional discipline matters, legal malpractice defense and civil litigation. Providing ethics advice and consultation services. Former Disciplinary Counsel for North Dakota • 11 years with Office of Disciplinary Counsel • Practice before Inquiry Committees, the Disciplinary Board, Judicial Conduct Commission and North Dakota Supreme Court. Experienced Litigator • 30+ years experience • Jury trials in North Dakota, Minnesota and U.S. District Court • 60+ appeals argued before North Dakota Supreme Court Brent J. Edison Licensed in North Dakota and Minnesota vogellaw.com With offices in Fargo, Bismarck, Grand Forks, ND, and Moorhead and Minneapolis, MN SPRING 2016 25