Summer 2019 Summer 2019 Gavel | Page 38

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. 38 THE GAVEL Missing GUESS WHO? Guess Who will return, but we NEED your photos. If you have any Guess Who photos, please submit them to [email protected].