ORDER PROMULGATING AMENDMENTS TO THE
MINNESOTA RULES OF PROFESSIONAL CONDUCT

On January 22, 2025, the Lawyers Professional Responsibility Board and the Director of the Office of Lawyers Professional Responsibility filed a joint petition proposing amendments to Rules 1.8 and 3.8 of the Minnesota Rules of Professional Conduct. By order filed on April 23, 2025, we established a period for the public to file written comments in response to the petition. See Order Establishing Public Comment Period on Proposed Amendments to the Minnesota Rules of Professional Conduct, ADM10-8005, Order at 2 (Minn. filed Apr. 23, 2025) (attaching petition).

Rule 1.8 of the Minnesota Rules of Professional Conduct addresses conflicts of interest for current clients, and it prohibits a lawyer from providing financial assistance to a client, subject to certain exceptions. Minn. R. Prof. Conduct 1.8(e). The proposed amendment to Rule 1.8 adds an exception to the financial-assistance prohibition that allows a lawyer representing an indigent pro bono client to give the client a modest gift for basic living expenses such as food, rent, transportation, medicine, and other basic living expenses. It also, however, prohibits such a lawyer from promising, assuring, or implying the availability of such gifts prior to retention or as an inducement to continue the client-lawyer relationship. And it also prohibits the attorney from seeking or accepting reimbursement from the client, a relative of the client, or anyone affiliated with
the client.

Rule 3.8 of the Minnesota Rules of Professional Conduct addresses special responsibilities for a prosecutor. The proposed amendment to Rule 3.8 adds language to clarify a prosecutor’s obligations regarding disclosure of exculpatory evidence. It does this, in part, by adding two paragraphs regarding a prosecutor’s obligations upon learning of “new, credible, and material evidence” that a person convicted of a crime did not commit the crime. Under proposed Rule 3.8(g), if such evidence creates a reasonable belief that the defendant did not commit the offense, the prosecutor must disclose the evidence and, in certain circumstances, must make reasonable efforts to cause an investigation of the matter. Under proposed Rule 3.8(h), if the prosecutor learns of “clear and convincing evidence” establishing that a defendant in the prosecutor’s jurisdiction was convicted of a crime the defendant did not commit, the prosecutor must “seek to remedy the conviction.”

Having carefully considered the petition and the public comments, we agree with the proposed amendments to Rules 1.8 and 3.8 of the Minnesota Rules of Professional Conduct.

The petition also included proposed amendments to the comments to Rule 1.8 of the Minnesota Rules of Professional Conduct. As with other rule amendments, comments are included with the rules for convenience and do not reflect court approval or adoption.

IT IS HEREBY ORDERED that the Minnesota Rules of Professional Conduct are amended as shown below. The amendments to Rule 1.8 of the Minnesota Rules of Professional Conduct are effective as of the date of this order. The amendments to Rule 3.8 of the Minnesota Rules of Professional Conduct are effective July 1, 2026.

Dated: May 14, 2026

BY THE COURT:

Natalie E. Hudson
Chief Justice

ORDER