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
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