How to sue your lawyer in North Dakota.

N.D.C.C. § 28-01-18(3) requires an action for the recovery of damages resulting from malpractice to be commenced within 2 years after the claim accrues. The North Dakota Supreme Court applies that period to legal malpractice; in Broten v. Carter, 2019 ND 268, the court stated that a client must commence a malpractice suit within 2 years after the claim accrued. In North Dakota, the statute of limitations for legal malpractice is 2 years from accrual.

When the claim accrues

North Dakota uses a discovery rule. In Larson v. Norkot Manufacturing, Inc. (N.D. 2001 and 2002), the Supreme Court held that the limitations period is tolled until the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence, and that it does not start until the client has incurred some damage. The question is whether you were told facts that would put a reasonable person on notice that a claim might exist. North Dakota's 2-year malpractice clock starts when you have been damaged and have enough facts to put a reasonable person on notice of the lawyer's possible negligence. The court added that when a client knew is ordinarily a question of fact, so summary judgment on that issue is rarely appropriate.

Continuous representation

The North Dakota Supreme Court recognized the continuous representation rule for legal malpractice in Wall v. Lewis, 393 N.W.2d 758 (N.D. 1986). The rule can pause the clock while the same lawyer keeps representing you on the matter. Do not stretch it: file as soon as you can.

No statute of repose

The 6-year outer limit in § 28-01-18(3) applies only to claims against physicians and licensed hospitals. We found no statute of repose for legal malpractice. Compare states on our deadline table.

In Larson v. Norkot, the North Dakota Supreme Court listed four elements: the existence of an attorney-client relationship, a duty by the attorney to the client, a breach of that duty, and damages to the client proximately caused by the breach. A North Dakota legal malpractice plaintiff must prove four elements: an attorney-client relationship, a duty, a breach, and damages proximately caused by the breach. For litigation mistakes, that usually means proving the case within a case. A disappointing result, or a reasonable judgment call that did not work, is not malpractice by itself. See what is not legal malpractice and the case within a case, explained.

Experts and filing requirements

North Dakota's expert-opinion statute, N.D.C.C. § 28-01-46, applies to claims against physicians, nurses, hospitals, and similar health care providers, not lawyers, so there is no certificate of merit step in a legal malpractice case. Plan on an expert witness anyway: in most cases someone qualified has to explain the standard of care and how it was breached. See our expert witness guide.

We did not find a North Dakota Supreme Court decision requiring a former criminal defendant to be exonerated, or to prove actual innocence, before suing defense counsel. A 2019 Houston Law Review survey reported that North Dakota's stated elements of legal malpractice do not include either requirement. That does not mean such a claim is easy: you still must prove the lawyer's error caused a worse outcome, and courts elsewhere often look hard at guilt.

North Dakota has not clearly adopted an exoneration or innocence rule for criminal malpractice, so the ordinary 2-year discovery-based deadline is the safest assumption. See criminal defense malpractice and ineffective assistance versus malpractice.

The State Bar Association of North Dakota (SBAND) offers Fee Arbitration for disputes over lawyers' fees and publishes its rules and forms on its public services page. We could not open the current rules, so confirm the details, such as whether the lawyer must participate and whether the result is binding, with SBAND before you file. See our guide to fee dispute arbitration.

If a lawyer stole your money, SBAND's Client Protection Fund exists to reimburse losses caused by the dishonest conduct of lawyers. North Dakota's Client Protection Fund covers losses from a lawyer's dishonest conduct, not negligence or ordinary fee disagreements. SBAND publishes the fund's rules and a claim form; we did not verify a per-claim cap. See our client protection fund guide.

The Disciplinary Board of the North Dakota Supreme Court, created in 1965, handles complaints about unethical conduct by North Dakota lawyers. You put your complaint in writing, sign and date it, and send it to the Office of Disciplinary Counsel in Bismarck with a description of the conduct, witness names, and copies of documents. You do not need a lawyer to file. The court says an investigation and decision can take several months.

After investigation, a district inquiry committee can dismiss, issue an admonition, impose consent probation, or send the matter to formal proceedings that can lead to public reprimand, suspension, or disbarment. Discipline does not compensate you. A North Dakota grievance does not pause the 2-year malpractice deadline, so file any lawsuit on its own schedule. See malpractice versus a bar complaint.

North Dakota does not require malpractice insurance, but Rule 1.15(j) of the North Dakota Rules of Professional Conduct requires each lawyer to certify annually whether they represent private clients, whether they are insured, and the insurer's name, and the information is disclosed to the public on request.

1. Mark the date you first had reason to suspect the lawyer. With only 2 years, that date matters most.
2. Get your client file. See how to get your case file.
3. Ask the court clerk whether the lawyer was insured. The certification is public on request, and knowing whether there is a policy helps any lawyer you consult judge whether a judgment could actually be collected.
4. Match the problem to the remedy: SBAND fee arbitration for a bill you think is too high, the Client Protection Fund for money a lawyer took, the Disciplinary Board for ethics violations, and a lawsuit for losses caused by negligence. You can use more than one at the same time.

If you think your lawyer's mistake cost you, a free case review takes about two minutes and can connect you with an independent attorney in North Dakota who handles legal malpractice claims.