North Dakota Probate – Limited Legal Representation

North Dakota Probate - Limited Legal Representation

North Dakota Probate;

Limited Legal Representation

Rule 11(e) of the North Dakota Rules of Civil Procedure identifies two general types of limited legal representation services which may be provided by North Dakota attorneys with respect to North Dakota Probate – Limited Legal Representation – and other civil actions – on behalf of a party who has previously entered into a written limited representation agreement with the North Dakota attorney:

  1. Preparation of North Dakota Probate Court documents for a Self Represented Party – without the provision of any other legal services;

and

  1. A Limited Appearance representation – which requires the North Dakota attorney to prepare, file, and serve some, but not all, of the North Dakota Probate Court documents which may be required with respect to a particular probate matter.

North Dakota Probate – Limited Legal Representation

Therefore, a party having North Dakota mineral rights or other real property interests which are subject to a North Dakota probate court proceeding:

  • may retain a North Dakota attorney on a limited basis to prepare some, or all, of the probate documents which may be required in the North Dakota Probate Court proceeding,

but

  • otherwise act as a self represented – or pro se, party.

North Dakota Probate – Limited Legal Representation – Self Represented Parties – Rule 11(e)(1)

Rule 11(e)(1) of the North Dakota Rules of Civil Procedure identifies the circumstances under which a North Dakota attorney can prepare North Dakota Probate Court documents on behalf of a self represented party without providing any additional legal services, as follows:

An attorney who complies with Rule 1.2 of the N.D. Rules of Prof. Conduct, may prepare

  • pleadings,
  • briefs, and
  • other documents

to be filed with the court by a self-represented party . . . Any filing prepared under this paragraph must be signed by the party designated as “self-represented.”

Certain of the requirements of Rule 1.2 of the N.D. Rules of Professional Conduct are identified below.

North Dakota Probate – Limited Legal Representation – Attorney Preparation of North Dakota Probate Court Documents

 Rule 11(e)(1) of the North Dakota Rules of Civil Procedure identifies that:

The attorney’s preparation of pleadings, briefs, or other documents

  • does not constitute an appearance by the attorney in the case

and

  • no notice under Rule 11(e)(2) is required.

The official explanatory comments to Rule 11(e) of the North Dakota Rules of Civil Procedure identify that:

Subdivision (e) was amended, effective August 1, 2016, to add new paragraphs (1) and (2)

  • providing additional details on the services an attorney may perform while assisting a self-represented party on a limited basis

and

  • indicating when notice of these services must be provided to other parties, and the court.

Limited Appearance by an Attorney on Behalf of a Party – Rule 11(e)(2)

Rule 11(e)(2) of the North Dakota Rules of Civil Procedure identifies that a North Dakota attorney can make a limited appearance on behalf of a party with respect to a North Dakota Probate Court proceeding, by providing in part as follows:

An attorney who:

  • complies with Rule 1.2 of the N.D. Rules of Prof. Conduct,
  • may make a “limited appearance” on behalf of an otherwise self-represented party involved in a proceeding to which these rules apply.

Certain of the requirements of Rule 1.2 of the N.D. Rules of Professional Conduct – relating to North Dakota Probate – Limited Legal Representation- are identified below.

North Dakota Probate – Limited Legal Representation – Service of a Notice of Limited Appearance

Rule 11(e)(2) of the North Dakota Rules of Civil Procedure identifies that service of a Notice of Limited Appearance document on all of the interested parties in the North Dakota Probate Court proceeding is required, by providing in part as follows:

An attorney who:

  • makes a limited appearance on behalf of an otherwise self-represented party,
  • must serve a notice of limited appearance on each party involved in the matter.

North Dakota Probate – Limited Legal Representation – Contents of the Notice of Limited Appearance

 Rule 11(e)(2) of the North Dakota Rules of Civil Procedure identifies that the Notice of Limited Appearance must specifically identify the documents which will be:

  • prepared by,
  • filed by,

and

  • served by,

the North Dakota attorney retained under a limited representation agreement, by providing in part as follows:

The notice must state precisely the scope of the limited appearance.

North Dakota Probate – Limited Legal Representation – Service of an Amended Notice of Limited Appearance

 Rule 11(e)(2) of the North Dakota Rules of Civil Procedure also identifies that an Amended Notice of Limited Appearance must be served upon all of the interested parties in the North Dakota Probate Court proceeding if legal services are provided to the client beyond those identified on the original Notice of Limited Appearance, by providing in part as follows:

An attorney who:

  • seeks to act beyond the stated scope of the limited appearance,
  • must serve an amended notice of limited appearance.

North Dakota Probate – Limited Legal Representation – Filing of the Notice of Limited Appearance

Rule 11(e)(2) of the North Dakota Rules of Civil Procedure imposes a duty on the party who retained a North Dakota attorney on a limited basis to prepare some, or all, of the probate documents which may be required in the North Dakota Probate Court proceeding – to file with the North Dakota Probate Court:

  • the original Notice of Limited Appearance,

and

  • any Amended Notice of Limited Appearance,

by providing in part as follows:

If the action is filed:

  • the party who received assistance of an attorney on a limited basis, 
  • must file the notice of limited appearance with the court.

Filing and Service of a Certificate of Completion of Limited Appearance

1. Rule 11(e)(2) of the North Dakota Rules of Civil Procedure

Rule 11(e)(2) of the North Dakota Rules of Civil Procedure identifies that the North Dakota attorney who was retained on a limited basis to prepare some, or all, of the probate documents with respect to a North Dakota Probate Court proceeding is required to:

  • file with the North Dakota Probate Court a Certificate of Completion of Limited Appearance,

and

  • serve the Certificate of Completion of Limited Appearance upon all interested parties,

by providing in part as follows:

Upon completion of the limited appearance,

  • the attorney must file and serve
  • a “Certificate of Completion of Limited Appearance”,
  • as required byD.R.Ct. 11.2(d).

The abbreviation N.D.R.Ct. is a reference to the North Dakota Rules of Court.

2. Rule 11.2(d) of the North Dakota Rules of Court

Rule 11.2(d) of the North Dakota Rules of Court identifies the filing and service requirements with respect to a Certificate of Completion of Limited Appearance, by providing in part as follows:

Upon completion of the limited appearance:

  • the attorney must within 14 days,
  • file a “Certificate of Completion of Limited Appearance” with the court.

Copies of the certificate must be: 

  • provided to the client,

and

  • served upon opposing counsel or opposing party if unrepresented.

Effect of Filing and Serving a Certificate of Completion of Limited Appearance

Rule 11.2(d) of the North Dakota Rules of Court identifies the legal effect of the filing and proper service of a Certificate of Completion of Limited Appearance, by providing in part as follows:

After the filing, the attorney has no further obligation to represent the client.

The filing of the Certificate: 

  • is considered to be the attorney’s withdrawal of appearance, 

and 

  • does not require court approval.

The official explanatory comments to Rule 11.2(d) of the North Dakota Rules of Court identify that:

Subdivision (d) was amended, effective August 1, 2016,

  • to clarify the attorney’s responsibilities upon completing a limited appearance

and

  • to clarify that court approval is not required when the attorney completes the limited appearance, and withdraws.

North Dakota Probate – Limited Legal Representation

Written Consent to Limited Representation After Consultation

Rule 1.2(c) of the North Dakota Rules of Professional Conduct identifies the requirements for limited legal representation in North Dakota Probate Court proceedings – and other civil actions – by providing as follows:

(c)      A lawyer may limit the scope of the representation 

  • if the client consents in writing 
  • after consultation.

The official explanatory comments to Rule 1.2(c) of the North Dakota Rules of Professional Conduct identify in part that:

[6]     The scope of services to be provided by a lawyer may be limited

  • by agreement with the client

or

  • by the terms under which the lawyer’s services are made available to the client.

Paragraph (c) allows the lawyer to limit the scope of representation if the client consents.

A limited representation may be appropriate because the client has limited objectives for the representation.

In addition, terms upon which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client’s objectives.

North Dakota Probate – Limited Legal Representation – Method of Filing

North Dakota Probate Court Documents

Rule 3.5 of the North Dakota Rules of Rules of Court identifies the manner in which North Dakota Probate Court documents:

  • must be filed by North Dakota attorneys,

and by

  • may be filed by self-represented parties.

Probate Court Document Filing by Attorneys

Rule 3.5(a) of the North Dakota Rules of Rules of Court identifies that attorneys must file all North Dakota Probate Court documents through an e-filing system, by providing in part as follows:

(1)     Documents filed electronically in the district courts must be submitted through the Odyssey® electronic filing system.

(2)     . . . All documents in civil, non-juvenile, cases must be filed electronically.

Probate Court Document Filing by Self Represented Parties

Rule 3.5(a) of the North Dakota Rules of Rules of Court identifies that self-represented parties may file North Dakota Probate Court documents either:

  • by means of paper documents,

or

  • through an e-filing system,

by providing in part as follows:

Self-represented litigants . . .

  • are exempt from the electronic filing requirement

and

  • may file paper documents in person, by mail, or by third party commercial carrier.

Self-represented litigants . . . who wish to file documents by electronic means must use the Odyssey® system.

Benefits of E-filing North Dakota Probate Documents

Retaining a North Dakota attorney to e-file North Dakota Probate Court documents through the Odyssey® electronic filing system has the benefit of providing a quicker court filing process than can be achieved with the filing of paper documents.

Nevertheless, certain minor cost savings may be achievable by self-represented parties filing some, or all, of their North Dakota probate court documents by means of paper documents filed with the probate court through the U.S. Mail system.

Conclusion;

North Dakota Probate – Limited Legal Representation

Certain parties who enter into a written limited representation agreement with a North Dakota attorney may be able to satisfy the documentation requirements of a North Dakota Probate Court proceeding without the benefit of complete representation of such parties by the North Dakota attorney throughout the process.

However, unless the parties are well versed in the requirements of the North Dakota Probate Court proceeding at issue, the cost savings achievable may be somewhat limited.

Gary C. Dahle has represented clients from the countries of Canada, Norway, and Sweden, and the states of Alabama, Arizona, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Tennessee, Texas, Virginia, Washington, and Wisconsin in the United States, with respect to North Dakota mineral rights and probate issues in various North Dakota Counties.

http://www.legis.nd.gov/general-information/north-dakota-century-code

North Dakota attorney Gary C. Dahle offers limited representation legal services with respect to North Dakota Probate Court matters.

Topics of Interest – North Dakota Ancillary Probate

Topics of Interest – North Dakota Intestate Succession.

Topics of Interest – North Dakota Inheritance Laws

Topics of Interest – North Dakota Intestate Estate

Topics of Interest – North Dakota Foreign Personal Representative

Topics of Interest – North Dakota Subsequent Administration

Topics of Interest – North Dakota Mineral Rights.

Topics of Interest – North Dakota Transfer on Death Deeds

Topics of Interest – North Dakota Affidavits of Heirship

Topics of Interest – North Dakota Informal Probate

Topics of Interest – North Dakota Formal Probate

Topics of Interest – North Dakota Probate Settlements

Topics of Interest – Probating a Will Copy in North Dakota

Topics of Interest – North Dakota Probate Closing

Topics of Interest – Newly Discovered North Dakota Property

Topics of Interest – North Dakota Joint Tenancy

Topics of Interest – North Dakota Mineral Rights Purchase Offers

Related issues – see Minnesota Probate.

Copyright 2017 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390   Fax:     763-780-1735      gary@dahlelaw.com

http://www.legis.nd.gov/general-information/north-dakota-century-code

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