III . CONCLUSION A state ’ s attorney may handle a criminal case involving a former client , but only after conducting the proper analysis under N . D . R . Prof . Conduct 1.9 and ensuring certain ethical safeguards are in place . First , the attorney must consider whether the new case is “ the same or a substantially related matter ” in which the State ’ s interests are “ materially adverse to the interests of the former client .” N . D . R . Prof . Conduct l . 9 ( a ). If the answer is yes , then the attorney must not be involved in the new case unless the former client consents in writing . If the attorney decides it is appropriate to request consent , the attorney must exercise great caution . The attorney should fully disclose “ the existence , nature and implications of the conflict of interest and the many possible adverse consequences of consenting to such a prosecution .” TX Eth . Op , 538 ( June 2001 ).
Second , before undertaking the new case , the attorney must evaluate whether it is possible to meet the requirements of N . D . R . Prof . Conduct l . 9 ( b ). That is , the attorney must ensure he or she will not use information obtained during the prior representation to the former client ’ s disadvantage or reveal information relating to the representation , unless there is an applicable exception under the Rules of Professional Conduct .
Finally , the attorney should also avoid involvement in the new case if it would create an appearance of impropriety or erode public trust in the prosecutor ’ s office . Prosecutors have special responsibilities , including “ the responsibility of a minister of justice and not simply that of an advocate .” N . D . R . Prof . Conduct 3.8 , Comment I .
If the attorney concludes that prosecuting the new case would be inappropriate , then a different prosecutor in the office should be assigned . The attorney with the conflict should be screened out of any involvement in the case . If none of the other attorneys in the office can handle the case , or the state ’ s attorney is a solo practitioner , then the state ’ s attorney should appoint a special prosecutor to perform all prosecutorial duties with respect to the case .
UND SCHOOL OF LAW INTRODUCES FAMILY LAW CLINICAL PRACTICUM
By Ariana D . Meyers , Assistant Professor , University of North Dakota School of Law
The University of North Dakota School of Law is excited to announce the introduction of the Family Law Clinical Practicum to our curriculum for second-year and thirdyear law students . The practicum allows students the opportunity to develop their legal writing and advocacy skills , while gaining real-world experience with clients in a faculty-supported setting .
The practicum is a full-year course , with a focus on pedagogical learning in the fall semester and practical experience in the spring semester . The practicum grounds itself in development of practical skills necessary to move family law cases from initial client interview to judgment . Student attorneys are expected to conduct client and witness interviews , make court appearances , manage the client ’ s file , prepare written documents ( used both internally and filed with the court ), organize discovery , understand and apply the rules of civil procedure , and explain the process to and counsel the client . The types of cases the practicum will accept are divorce , custody , juvenile guardianships , domestic violence protection orders , and disorderly conduct restraining orders .
In the spring of 2020 , we received numerous applicants for the 2020-2021 academic year . The four students selected for the 2020-2021 academic year in the practicum are Joshua Breeze , Marisa Gunhouse , Mia Treuer , and Morgan Wentz . The faculty supervisor is Assistant Professor Ariana D . Meyers .
This opinion was drafted by Renata Olafson Selzer and was unanimously approved by the Ethics Committee on the 27th day of October 2020 .
This opinion is provided under Rule 1.2 ( B ), North Dakota Rules for Lawyer Discipline , which states :
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 .
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