North Dakota’s legal community, while small, faces the same AI ethics challenges as larger jurisdictions, with unique considerations for rural practice and a tight-knit bar. The State Bar Association of North Dakota has not yet issued formal AI-specific guidance, but attorneys must apply existing Rules of Professional Conduct to their use of generative AI tools. This page provides a framework for ethical AI integration in North Dakota legal practice.
Regulatory Body and Bar Information#
State Bar Association of North Dakota#
Type: Unified (mandatory membership)
Member Count: Approximately 2,400 active attorneys
Regulatory Authority: North Dakota Supreme Court
Disciplinary Body: Disciplinary Board of the Supreme Court
Website: sband.org
Current AI Guidance Status#
Guidance Status: No AI-specific guidance issued
Committee Monitoring: Ethics Committee
Approach: Application of existing ethics rules to emerging technology
Core Ethical Obligations for AI Use#
Competence (Rule 1.1)#
North Dakota’s competence rule requires attorneys to provide competent representation, including “the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”
Technical Competence Expectations:
- Understand how generative AI tools function and their limitations
- Recognize that AI can “hallucinate” non-existent cases or misstate holdings
- Stay informed about technological developments affecting legal practice
- Develop skills necessary to use AI tools effectively and safely
Verification Requirements:
- Independently verify all AI-generated legal citations
- Confirm case holdings and statutory interpretations against primary sources
- Check that AI outputs accurately reflect current North Dakota law
- Validate AI analysis for logical consistency and legal accuracy
Comment [8] to Rule 1.1 addresses technological competence: “A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”
Confidentiality (Rule 1.6)#
North Dakota’s confidentiality rule prohibits disclosure of information relating to client representation without informed consent. AI use raises significant confidentiality concerns:
Data Protection Obligations:
- Review AI platform terms of service before inputting client information
- Ensure the platform does not use client data for training purposes
- Verify adequate security measures protect inputted information
- Consider whether data is stored, retained, or shared with third parties
Informed Consent Considerations:
- Disclose AI use to clients when confidential information will be inputted
- Obtain consent before using AI systems that may retain client data
- Document AI-related consent in engagement letters or separate agreements
Communication (Rule 1.4)#
Attorneys must keep clients reasonably informed about their matters:
AI Disclosure Considerations:
- Inform clients when AI use materially affects the representation
- Explain the role of AI in research, drafting, or analysis when asked
- Discuss billing implications of AI-assisted work
- Address client concerns about AI use in their matters
Candor to the Tribunal (Rule 3.3)#
North Dakota attorneys have a duty of candor to courts:
Pre-Filing Verification:
- Confirm every cited case exists before including in court filings
- Verify quoted language matches original sources exactly
- Ensure cited authority remains good law through proper citation checking
- Review AI-generated legal arguments for accuracy and coherence
Correction Obligations:
- Promptly correct any AI-generated errors discovered after filing
- Notify the court of material inaccuracies in submitted documents
- Withdraw or correct citations that prove false or misleading
Fees (Rule 1.5)#
Attorneys must charge reasonable fees:
Ethical Billing for AI-Assisted Work:
- Bill only for time actually spent, not time saved
- Do not charge manual research rates for AI-assisted work
- Pass AI efficiency benefits along to clients appropriately
- Disclose AI-related costs in fee agreements
Prohibited Practices:
- Billing for hours not actually worked
- Charging clients for AI subscription costs without disclosure
- Failing to adjust fees to reflect AI-enhanced efficiency
Supervision (Rules 5.1, 5.2, and 5.3)#
North Dakota’s supervision rules apply to AI use:
Partner and Supervisory Responsibilities:
- Establish firm policies for AI use
- Train associates and staff on ethical AI practices
- Create verification protocols for AI-generated work product
- Ensure adequate review before filing or client delivery
Subordinate Lawyer Responsibilities:
- Follow firm AI policies and procedures
- Exercise independent judgment about AI ethics compliance
- Report concerns about improper AI use to supervisors
North Dakota Rules of Professional Conduct Implicated#
| Rule | Obligation | AI Application |
|---|---|---|
| Rule 1.1 | Competence | Understand AI capabilities/limitations; verify outputs |
| Rule 1.3 | Diligence | Don’t let AI use delay or harm client matters |
| Rule 1.4 | Communication | Disclose AI use when material to representation |
| Rule 1.6 | Confidentiality | Protect client data in AI systems |
| Rule 1.5 | Fees | Bill reasonably for AI-assisted work |
| Rule 3.3 | Candor | Verify all AI content before court submission |
| Rule 5.1 | Supervisory Duties | Establish AI policies; oversee compliance |
| Rule 5.3 | Nonlawyer Assistance | Supervise AI use by non-lawyer staff |
Special Considerations: Rural Practice in North Dakota#
AI Benefits for Rural Practitioners#
North Dakota’s vast geography and dispersed population create challenges that AI may help address:
Access to Resources:
- AI can provide research assistance comparable to large-firm resources
- Rural practitioners may benefit from AI-assisted drafting efficiency
- Technology can help bridge the resource gap between urban and rural practice
Solo and Small Firm Practice:
- Many North Dakota attorneys practice solo or in small firms
- AI can serve as a force multiplier for limited staff
- Cost-effective AI tools may improve access to justice in rural areas
Heightened Responsibilities in Rural Practice#
Generalist Practice Challenges:
- AI outputs in unfamiliar practice areas require especially careful review
- Verify AI-generated content against established treatises and practice guides
- Consider consulting specialists when AI addresses complex or novel issues
Limited Peer Review:
- Small firms may lack colleagues to review AI-assisted work
- Consider informal peer networks for quality assurance
- Join State Bar sections for practice area support
Technology Infrastructure:
- Rural areas may have limited internet connectivity
- Cloud-based AI tools require reliable internet access
- Consider offline verification resources as backup
Court Orders and Local Rules#
North Dakota State Courts#
As of 2025, North Dakota state courts have not issued specific orders regarding AI use. Attorneys should:
- Comply with existing signature and certification requirements
- Ensure AI-generated filings meet court formatting standards
- Be prepared to respond to judicial inquiries about AI use
- Monitor for updates from the Supreme Court or local rules
Federal Courts in North Dakota#
The U.S. District Court for the District of North Dakota has not issued AI-specific standing orders. Attorneys should:
- Follow Federal Rule of Civil Procedure 11 certification requirements
- Comply with any AI disclosure requirements in individual case orders
- Monitor the court’s website for updated guidance
Practical Compliance Steps for North Dakota Attorneys#
Before Using AI:
- Review AI platform terms of service and privacy policies
- Assess confidentiality protections and data handling practices
- Determine whether client consent is needed
- Establish written AI use policies for your practice
During AI Use: 5. Never input confidential information without adequate protections 6. Maintain professional judgment in all substantive decisions 7. Use AI as a starting point, not a final product 8. Document your process for quality assurance
After AI Generates Content: 9. Independently verify all citations in Westlaw, Lexis, or Fastcase 10. Confirm quoted language matches original sources exactly 11. Shepardize or KeyCite all cited authority 12. Review for accuracy, logic, and client-specific application
For Billing: 13. Bill only for time actually spent 14. Don’t charge for time saved through AI efficiency 15. Disclose AI-related costs to clients when appropriate
For Supervision (if applicable): 16. Train all lawyers and staff on AI policies 17. Require verification before any AI content is filed 18. Establish quality control checkpoints
State Bar Resources and CLE#
Continuing Legal Education#
North Dakota attorneys must complete 45 hours of CLE every three years, including:
- At least 3 hours in ethics
- At least 1 hour in mental health or substance abuse awareness
AI-Related CLE Opportunities:
- Technology competence programs
- Ethics in the digital age
- Law practice management
- Emerging issues in professional responsibility
Ethics Hotline#
The State Bar of North Dakota provides an ethics hotline for members:
- Informal guidance on ethics questions
- Confidential consultations on AI ethics issues
- Not binding but helpful for compliance planning
Malpractice Insurance Considerations#
North Dakota attorneys should review professional liability coverage:
Coverage Questions:
- Does the policy address AI-related claims?
- Are there exclusions for technology-related errors?
- Does AI use require disclosure to the insurer?
- What documentation supports defense of AI-related claims?
Risk Management:
- Document verification procedures for AI-generated content
- Maintain records of AI tools used and review processes
- Consider additional coverage if AI use is extensive
Frequently Asked Questions#
Has North Dakota issued AI ethics guidance for attorneys?
Can North Dakota attorneys use ChatGPT or similar AI for legal research?
What confidentiality protections are required for AI use?
How should North Dakota attorneys bill for AI-assisted work?
Are there special considerations for rural practitioners using AI?
Resources#
- State Bar Association of North Dakota
- North Dakota Rules of Professional Conduct
- North Dakota Supreme Court
- ABA Formal Opinion 512 - National guidance on attorney AI use
- AI Hallucinations in Courts - Sanctions cases and verification requirements
Questions About AI Ethics in North Dakota Legal Practice?
North Dakota's small but dedicated legal community faces the same AI ethics challenges as larger jurisdictions. Understanding how to apply the Rules of Professional Conduct to emerging AI technology is essential for ethical practice.
Consult a Legal Ethics Attorney