LAWYER DISCIPLINE
A lawyer was admonished for violating Rule 4.2 of the
North Dakota Rules of Professional Conduct regarding
communication with a person represented by counsel. The lawyer
engaged in inappropriate contact when the lawyer sent discovery
requests directly to the opposing party, who was represented by
counsel. No identified exceptions under Rule 4.2 applied to the
circumstances.
A lawyer was admonished for violating Rule 1.2 (c), Rule
1.3, and Rule 1.4 of the North Dakota Rules of Professional
Conduct regarding the scope of representation, diligence,
and communication. It was determined that both subjective
and objective evidence was presented that an attorney-client
relationship had been formed between the lawyer and the client.
The lawyer had met with the client five times and provided
guidance, but did not obtain client consent for a limited scope
of representation. The lawyer also lacked diligence and adequate
communication because the representation was not appropriately
limited in its scope.
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THE GAVEL
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