The State Bar Association of North Dakota Fall 2013 Gavel Magazine | Page 11

MELVIN WEBSTER: PIONEERING THE
USE OF RULE 3.1 TO GIVE BACK

MELVIN
WEBSTER
RULE 3.1

by University of North Dakota School of Law students Magdaleno Gutierrez, Brittany Wollin, Austin Lafferty

UND School of Law students Magdaleno Gutierrez, Brittany Wollin, Austin Lafferty wrote this piece as
part of UND School of Law’s Professional Writing & Communication class. This article was a
joint project between the law school and SBAND.

When Melvin Webster retired from his
legal practice, he did not envision returning to work. But Webster’s desire to give
back to his community made him search
for a way to remain involved. Rule 3.1 of
the North Dakota Admission to Practice
Rules gave Webster that opportunity.
Rule 3.1 became effective on March 15,
2009. The Rule authorizes a lawyer to
volunteer to provide civil legal assistance,
under the supervision of an approved
legal services organization, to individuals
who are unable to pay for such services.
On September 20 of this year Webster
became the first lawyer authorized to
practice under the Rule.
Applying for Authorization Under Rule
3.1
A lawyer seeking authorization to
practice under the Rule must file an
application with the State Board of Law
Examiners, certifying that the lawyer is
either presently licensed to practice law or
has been licensed for at least five of the 10
years preceding the application and that
he is not been disbarred or suspended
from the practice of law. Certification
must come from each jurisdiction in
which the applicant has been admitted to
the bar. The application must also include

The Gavel Fall 2013

a signed statement by an authorized representative of the approved legal services
organization that the applicant will be
an unpaid volunteer, working under the
supervision of the organization, and a
sworn statement by the applicant that
he understands the standards applied to
lawyers practicing in North Dakota.
An Overwhelming Workload
Rule 3.1 allows lawyers to give back
to the community by volunteering their
services to bolster the limited resources
of important legal services organizations.
One such organization is Legal Services of
North Dakota. Due to funding cuts, Legal
Services is facing an ongoing struggle to
staff its multiple locations across North
Dakota. In key cities such as Grand Forks,
for example, the Legal Services’ office
stands vacant. So, in August, Legal Services became an “approved legal services
organization” under the Rule.
Jim Fitzsimmons, the executive director of Legal Services, sees Rule 3.1 as
providing retired lawyers the opportunity to contribute their legal experience
and expertise to organizations in need.
Fitzsimmons states the Rule was aimed
mainly toward retired lawyers, although it

allows any lawyer who has been licensed
for at least five years to practice under the
limited circumstances of the Rule. By providing retired lawyers an easier avenue to
volunteer their valuable knowledge, Rule
3.1 encourages them to lend their time
and skills to legal services organizations in
need of assistance.
A Lifetime of Experience
Webster was born and raised in North
Dakota. After working on his family
farm, and later as a teacher, he decided
to pursue a law degree at the University
of North Dakota School of Law. Webster
views his experiences on the farm and as
a teacher as instrumental in shaping the
way he sees the legal profession. He believes working hard is the way to improve
one’s lot in life and help better others’
lives.
When he retired in 2010, Webster
decided not to maintain his license as a
practicing lawyer, explaining: “Either you
are an active attorney . . . or you quit, and
I decided to quit.” After retiring, Webster
felt he owed something back to the community. He found volunteering with Legal
Services was his way to give back. Webster
worked as a legal intern for Legal Services
for two summers during law school, focusing primarily on guardianship matters.
His work with Legal Services provided the
stepping-stone for his legal career. Now,
Webster’s volunteer work with the organization will again include guardianship
cases, bringing him full circle back to the
work that launched his career as a lawyer.
A Restricted Practice
Lawyers authorized to practice under
Rule 3.1 are indivisibly linked to a specific
legal services organization. The lawyer’s
authorization to practice under the Rule
expires when the lawyer “ceases to be
supervised” by the organization. In this
instance, Fitzsimmons clarified Legal Services’ supervision would cease when
continued on pg. 30

9