Every attorney and counselor at law shall:
1. Maintain respect for courts of justice and judicial officers;
2. Counsel or maintain no claim that appears to the attorney to be unjust, nor any defense except one the attorney believes to be honestly debatable under the law;
3. Perform faithfully the attorney's responsibilities as an officer of the court and protector of individual rights;
4. Support the provision of legal services for indigent persons, public service, and public education about the law;
5. Work to make the legal system more accessible, responsive, and just;
6. Employ for purposes of maintaining the causes confided to the attorney, those means only as are consistent with truth and honor, and never seek to mislead the judge or jury by any artifice or false statement of fact or law; and
7. Never reject, from any consideration personal to the attorney, the cause of the defenseless or oppressed, or delay anyone's cause for profit or malice.
Notes of Decisions
In Re Disciplinary Action Against Garaas, 2002 ND 181 (N.D. 2002).
· cites it 20× “Any doubt whether violation of a duty of an attorney under N.D.C.C. § 27-13-01 was a sanctionable offense is dispelled by the Comment to N.”
City of Bismarck v. Schoppert, 469 N.W.2d 808 (N.D. 1991).
· cites it 4× “Schoppert's conduct comes perilously close to violating subsection 1 and subsection 5 of section 27-13-01, N.D. C.C., which read as follows: " 27-13-01.”
State v. Henderson, 156 N.W.2d 700 (N.D. 1968).
· cites it 12× “Section 27-13-01 of the North Dakota Century Code states in pertinent part: "Every attorney and counselor at law shall: * * * * * * "4.”
Disciplinary Bd. of the Supreme Court of State v. Lamont, 1997 ND 63 (N.D. 1997).
· cites it 6× “, requires an attorney display the utmost candor toward the tribunal; Rule 1.2(A)(3), N.D.R.L.D., authorizes discipline of an attorney who engages in conduct involving dishonesty, fraud, deceit, or misrepresentation; N.”
Grievance Comm'n v. Malloy, 248 N.W.2d 43 (N.D. 1976).
· cites it 6× “Upon this sole charge, the referee found that there was a conflict between DR 7-102(B)(1) on the one hand, and, on the other hand, Section 27-13-01, subsection 4, N.D. C.C.”
In Re Disciplinary Action Against Giese, 2003 ND 82 (N.D. 2003).
· cites it 2× “4(e), MISCONDUCT, RPC, which provides it is professional misconduct to engage in conduct enumerated in the North Dakota Century Code as a basis for revocation or suspension of a lawyer’s certificate of admission, through violation of § 27-13-01(2), NDCC, maintaining a defense to…”
Jacobson v. Garaas, 652 N.W.2d 918 (N.D. 2002).
· cites it 20× “Any doubt whether violation of a duty of an attorney under N.D.C.C. § 27-13-01 was a sanctionable offense is dispelled by the Comment to N.”
In Re Disciplinary Action Against Howe, 2001 ND 7 (N.D. 2001).
· cites it 2× “[¶ 23] In this case there are significant mitigating circumstances. Howe graduated from law school in 1958 and has had a clear disciplinary record for forty years.”
In re Lamont, 1997 ND 63 (N.D. 1997).
· cites it 6× “, authorizes discipline of an attorney who engages in conduct involving dishonesty, fraud, deceit, or misrepresentation; N.D.C.C. § 27-13-01(1) requires attorneys maintain respect for courts of justice and judicial officers; and N.”
Grievance Comm'n v. Pohlman, 248 N.W.2d 833 (N.D. 1976).
· cites it 2× ““Any acts committed by an attorney, contrary to accepted standards of honesty, justice, or morality, including but not limited to those outlined in Section 27-14-02, North Dakota Century Code, and the violation of the duties outlined in Section 27-13-01, North Dakota Century…”
Grievance Comm'n v. Howe, 257 N.W.2d 420 (N.D. 1977).
· cites it 2× “The preamble to the applicable 1965 rules provides in part: “Any acts committed by an attorney contrary to accepted standards of honesty, justice, or morality, including but not limited to those outlined in Section 27-14-02, North Dakota Century Code, and the violation of the…”
In Re Disciplinary Action Against McDonald, 2000 ND 87 (N.D. 2000).
· cites it 2× “" See also N.D.C.C. § 27-13-01(6) (requiring attorneys shall "never seek to mislead the judge or jury by any artifice or false statement of fact or law").”
— N.D. Cent. Code § 27-13-01(1) — 14 cases
In Re Disciplinary Action Against Garaas, 2002 ND 181 (N.D. 2002).
“Any doubt whether violation of a duty of an attorney under N.D.C.C. § 27-13-01 was a sanctionable offense is dispelled by the Comment to N.”
Disciplinary Bd. of the Supreme Court of State v. Lamont, 1997 ND 63 (N.D. 1997).
“, requires an attorney display the utmost candor toward the tribunal; Rule 1.2(A)(3), N.D.R.L.D., authorizes discipline of an attorney who engages in conduct involving dishonesty, fraud, deceit, or misrepresentation; N.”
In Re Disciplinary Action Against Howe, 2001 ND 7 (N.D. 2001).
“[¶ 23] In this case there are significant mitigating circumstances. Howe graduated from law school in 1958 and has had a clear disciplinary record for forty years.”
Jacobson v. Garaas, 652 N.W.2d 918 (N.D. 2002).
“Any doubt whether violation of a duty of an attorney under N.D.C.C. § 27-13-01 was a sanctionable offense is dispelled by the Comment to N.”
In re Lamont, 1997 ND 63 (N.D. 1997).
“, authorizes discipline of an attorney who engages in conduct involving dishonesty, fraud, deceit, or misrepresentation; N.D.C.C. § 27-13-01(1) requires attorneys maintain respect for courts of justice and judicial officers; and N.”
— N.D. Cent. Code § 27-13-01(2) — 2 cases
In Re Disciplinary Action Against Giese, 2003 ND 82 (N.D. 2003).
“4(e), MISCONDUCT, RPC, which provides it is professional misconduct to engage in conduct enumerated in the North Dakota Century Code as a basis for revocation or suspension of a lawyer’s certificate of admission, through violation of § 27-13-01(2), NDCC, maintaining a defense to…”
— N.D. Cent. Code § 27-13-01(4) — 1 case
State v. Henderson, 156 N.W.2d 700 (N.D. 1968).
“Section 27-13-01 of the North Dakota Century Code states in pertinent part: "Every attorney and counselor at law shall: * * * * * * "4.”
— N.D. Cent. Code § 27-13-01(6) — 6 cases
In Re Disciplinary Action Against Giese, 2003 ND 82 (N.D. 2003).
“4(e), MISCONDUCT, RPC, which provides it is professional misconduct to engage in conduct enumerated in the North Dakota Century Code as a basis for revocation or suspension of a lawyer’s certificate of admission, through violation of § 27-13-01(2), NDCC, maintaining a defense to…”
Disciplinary Bd. of the Supreme Court of State v. Lamont, 1997 ND 63 (N.D. 1997).
“, requires an attorney display the utmost candor toward the tribunal; Rule 1.2(A)(3), N.D.R.L.D., authorizes discipline of an attorney who engages in conduct involving dishonesty, fraud, deceit, or misrepresentation; N.”
In Re Disciplinary Action Against McDonald, 2000 ND 87 (N.D. 2000).
“" See also N.D.C.C. § 27-13-01(6) (requiring attorneys shall "never seek to mislead the judge or jury by any artifice or false statement of fact or law").”
In re Lamont, 1997 ND 63 (N.D. 1997).
“, authorizes discipline of an attorney who engages in conduct involving dishonesty, fraud, deceit, or misrepresentation; N.D.C.C. § 27-13-01(1) requires attorneys maintain respect for courts of justice and judicial officers; and N.”
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