reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.16 - DECLINING OR TERMINATING REPRESENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Except as stated in paragraph (c), a lawyer shall not represent a client or,
				where representation has commenced, shall withdraw from the representation of a
				client if:
(1) the representation will result
				in violation of law or the Rules of Professional Conduct;
(2) the lawyer's physical or mental condition
				materially impairs the lawyer's ability to represent the client; or
(3) the lawyer is discharged.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.17 - SALE OF A LAW PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer or a law firm may sell or purchase a law practice,
				  or an area of law practice, including good will, if the following conditions
				  are satisfied:
(a) The seller ceases
				to engage in the private practice of law, or in the area of practice that has
				been sold, from an office that is within a one-hundred (100) mile radius of the
				purchased law practice, except the seller may continue to practice law with the
				purchaser and may provide legal representation at no charge to indigent persons
				or to members of the seller's family;
(b) The entire practice, or the entire area
				of practice, is sold to one or more lawyers or law firms;
(c) Written notice is sent to each of the
				seller's clients regarding:
(1) the proposed
				sale, including the identity of the purchaser;
(2) the client's right to retain other
				counsel and to take possession of the client's files prior to the sale or at
				any time thereafter; and
(3) the
				fact that the client's consent to the transfer of the client's files and legal
				representation to the purchaser will be presumed if the client does not take
				any action or does not otherwise object within thirty (30) days of receipt of
				the notice.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.19 - SEXUAL RELATIONS WITH CLIENTS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer shall not have sexual relations with a current client of the
				lawyer.
(b) Paragraph (a) shall not
				apply if a consensual sexual relationship existed between the lawyer and the
				client before the legal representation commenced.
(c) A lawyer shall not require or demand
				sexual relations with a client incident to or as a condition of any
				professional representation.
(d)
				For purposes of this rule, "sexual relations" means:
(1) Sexual intercourse; or
(2) Any touching of the sexual or other
				intimate parts of a person or causing such person to touch the sexual or other
				intimate parts of the lawyer for the purpose of arousing or gratifying the
				sexual desire of either party.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0200 - COUNSELOR › Section 02 RULE 2.03 - EVALUATION FOR USE BY THIRD PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer may undertake an evaluation of a matter affecting a client for the use
				of someone other than the client if:
(1) the
				lawyer reasonably believes that making the evaluation is compatible with other
				aspects of the lawyer's relationship with the client; and
(2) the client so requests or the client
				consents after consultation
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.01 - MERITORIOUS CLAIMS AND CONTENTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer shall not bring or defend a proceeding, or assert or
				  controvert an issue therein, unless there is a basis in law and fact for doing
				  so that is not frivolous, which includes a good faith argument for an
				  extension, modification or reversal of existing law. A lawyer for the defendant
				  in a criminal proceeding, or the respondent in a proceeding that could result
				  in incarceration, may nevertheless so defend the proceeding as to require that
				  every element of the case be established.
Comment
[1] The
				advocate has a duty to use legal procedure for the fullest benefit of the
				client's cause, but also a duty not to abuse legal procedure. The law, both
				procedural and substantive, establishes the limits within which an advocate may
				proceed. However, the law is not always clear and never is static. Accordingly,
				in determining the proper scope of advocacy, account must be taken of the law's
				ambiguities and potential for change.
[2] The filing of an action or defense or
				similar action taken for a client is not frivolous merely because the facts
				have not first been fully substantiated or because the lawyer expects to
				develop vital evidence only by discovery. What is required of lawyers, however,
				is that they inform themselves about the facts of their clients' cases and the
				applicable law and determine that they can make good faith arguments in support
				of their clients' positions. Such action is not frivolous even though the
				lawyer believes that the client's position ultimately will not prevail. The
				action is frivolous, however, if the lawyer is unable either to make a good
				faith argument on the merits of the action taken or to support the action taken
				by a good faith argument for an extension, modification or reversal of existing
				law.
[3] The lawyer's obligations
				under this Rule are subordinate to federal or state constitutional law that
				entitles a defendant in a criminal matter to the assistance of counsel in
				presenting a claim that otherwise would be prohibited by this Rule.
Authority
				  G.S.
				  84-23;
Eff. July 24,
				  1997;
Amended Eff. February 27,
				  2003.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.02 - EXPEDITING LITIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer shall make reasonable efforts to expedite litigation
				  consistent with the interests of the client.
Comment
[1] Dilatory
				practices bring the administration of justice into disrepute. Although there
				will be occasions when a lawyer may properly seek a postponement for personal
				reasons, it is not proper for a lawyer to routinely fail to expedite litigation
				solely for the convenience of the advocates. Nor will a failure to expedite be
				reasonable if done for the purpose of frustrating an opposing party's attempt
				to obtain rightful redress or repose. It is not a justification that similar
				conduct is often tolerated by the bench and bar. The question is whether a
				competent lawyer acting in good faith would regard the course of action as
				having some substantial purpose other than delay. Realizing financial or other
				benefit from otherwise improper delay in litigation is not a legitimate
				interest of the client.
Authority
				  G.S.
				  84-23;
Eff. July 24,
				  1997;
Amended Eff. February 27,
				  2003.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.03 - CANDOR TOWARD THE TRIBUNAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer shall not knowingly:
(1) make a false
				statement of material fact or law to a tribunal or fail to correct a false
				statement of material fact or law previously made to the tribunal by the
				lawyer;
(2) fail to disclose to the
				tribunal legal authority in the controlling jurisdiction known to the lawyer to
				be directly adverse to the position of the client and not disclosed by opposing
				counsel; or
(3) offer evidence that
				the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness
				called by the lawyer, has offered material evidence and the lawyer comes to
				know of its falsity, the lawyer shall take reasonable remedial measures,
				including, if necessary, disclosure to the tribunal. A lawyer may refuse to
				offer evidence, other than the testimony of a defendant in a criminal matter,
				that the lawyer reasonably believes is false.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.04 - FAIRNESS TO OPPOSING PARTY AND COUNSEL

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer shall not:
(1) unlawfully obstruct another party's
				access to evidence or unlawfully alter, destroy or conceal a document or other
				material having potential evidentiary value. A lawyer shall not counsel or
				assist another person to do any such act;
(2) falsify evidence, counsel or assist a
				witness to testify falsely, counsel or assist a witness to hide or leave the
				jurisdiction for the purpose of being unavailable as a witness, or offer an
				inducement to a witness that is prohibited by law;
(3) knowingly disobey or advise a client or
				any other person to disobey an obligation under the rules of a tribunal, except
				a lawyer acting in good faith may take appropriate steps to test the validity
				of such an obligation;
(4) in
				pretrial procedure,
(a) make a frivolous
				discovery request,
(b) fail to make
				a reasonably diligent effort to comply with a legally proper discovery request
				by an opposing party, or
(c) fail
				to disclose evidence or information that the lawyer knew, or reasonably should
				have known, was subject to disclosure under applicable law, rules of procedure
				or evidence, or court opinions;
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.05 - IMPARTIALITY AND DECORUM OF THE TRIBUNAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer representing a party in a matter pending before a tribunal shall not:
(1) seek to influence a judge, juror, member
				of the jury venire, or other official by means prohibited by law;
(2) communicate ex parte with a juror or
				member of the jury venire except as permitted by law;
(3) unless authorized to do so by law or
				court order, communicate ex parte with the judge or other official regarding a
				matter pending before the judge or official;
(4) engage in conduct intended to disrupt a
				tribunal, including:
(A) failing to comply
				with known local customs of courtesy or practice of the bar or a particular
tribunal without giving opposing counsel timely notice of the
				  intent not to comply;
(B)
				engaging in undignified or discourteous conduct that is degrading to a
				tribunal; or
(C) intentionally or
				habitually violating any established rule of procedure or evidence;
				or
(5) communicate with
				a juror or prospective juror after discharge of the jury if:
(A) the communication is prohibited by law or
				court order;
(B) the juror has made
				known to the lawyer a desire not to communicate; or
(C) the communication involves
				misrepresentation, coercion, duress or harassment.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.06 - TRIAL PUBLICITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer who is participating or has participated in the investigation or
				litigation of a matter shall not make an extrajudicial statement that the
				lawyer knows or reasonably should know will be disseminated by means of public
				communication and will have a substantial likelihood of materially prejudicing
				an adjudicative proceeding in the matter.
(b) Notwithstanding paragraph (a), a lawyer
				may state:
(1) the claim, offense or defense
				involved and, except when prohibited by law, the identity of the persons
				involved;
(2) the information
				contained in a public record;
(3)
				that an investigation of a matter is in progress;
(4) the scheduling or result of any step in
				litigation;
(5) a request for
				assistance in obtaining evidence and information necessary thereto;
(6) a warning of danger concerning the
				behavior of a person involved, when there is reason to believe that there
				exists the likelihood of substantial harm to an individual or to the public
				interest; and
(7) in a criminal
				case, in addition to subparagraphs (1) through (6):
(A) the identity, residence, occupation and
				family status of the accused;
(B)
				if the accused has not been apprehended, information necessary to aid in
				apprehension of that person;
(C)
				the fact, time and place of arrest; and
(D) the identity of investigating and
				arresting officers or agencies and the length of the investigation.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.07 - LAWYER AS WITNESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer shall not act as advocate at a trial in which the lawyer is likely to be
				a necessary witness unless:
(1) the testimony
				relates to an uncontested issue;
(2) the testimony relates to the nature and
				value of legal services rendered in the case; or
(3) disqualification of the lawyer would work
				substantial hardship on the client.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0300 - ADVOCATE › Section 02 RULE 3.08 - SPECIAL RESPONSIBILITIES OF A PROSECUTOR

Current through Register Vol. 39, No. 2, July 15, 2024
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that
				the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that
				the accused has been advised of the right to, and the procedure for obtaining,
				counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented
				accused a waiver of important pretrial rights, such as the right to a
				preliminary hearing;
(d) after
				reasonably diligent inquiry, make timely disclosure to the defense of all
				evidence or information required to be disclosed by applicable law, rules of
				procedure, or court opinions including all evidence or information known to the
				prosecutor that tends to negate the guilt of the accused or mitigates the
				offense, and, in connection with sentencing, disclose to the defense and to the
				tribunal all unprivileged mitigating information known to the prosecutor,
				except when the prosecutor is relieved of this responsibility by a protective
				order of the tribunal;
(e) not
				subpoena a lawyer in a grand jury or other criminal proceeding to present
				evidence about a past or present client, or participate in the application for
				the issuance of a search warrant to a lawyer for the seizure of information of
				a past or present client in connection with an investigation of someone other
				than the lawyer, unless:
(1) the information
				sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the
				successful completion of an ongoing investigation or prosecution; and
(3) there is no other feasible alternative to
				obtain the information;
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0400 - TRANSACTIONS WITH PERSON OTHER THAN CLIENTS › Section 02 RULE 4.01 - TRUTHFULNESS IN STATEMENTS TO OTHERS

Current through Register Vol. 39, No. 2, July 15, 2024
In the course of representing a client a lawyer shall not
				  knowingly make a false statement of material fact or law to a third
				  person.
Comment
Misrepresentation
[1] A lawyer is required to be truthful when
				dealing with others on a client's behalf, but generally has no affirmative duty
				to inform an opposing party of relevant facts. A misrepresentation can occur if
				the lawyer incorporates or affirms a statement of another person that the
				lawyer knows is false. Misrepresentations can also occur by partially true but
				misleading statements or omissions that are the equivalent of affirmative false
				statements. For dishonest conduct that does not amount to a false statement or
				for misrepresentations by a lawyer other than in the course of representing a
				client, see Rule 8.4.
Statements of Fact
[2] This Rule refers to statements of fact.
				Whether a particular statement should be regarded as one of fact can depend on
				the circumstances. Under generally accepted conventions in negotiation, certain
				types of statements ordinarily are not taken as statements of material fact.
				Estimates of price or value placed on the subject of a transaction and a
				party's intentions as to an acceptable settlement of a claim are ordinarily in
				this category, and so is the existence of an undisclosed principal except where
				nondisclosure of the principal would constitute fraud. Lawyers should be
				mindful of their obligations under applicable law to avoid criminal and
				tortuous misrepresentation.
Crime or Fraud by Client
[3] Under Rule 1.2(d), a lawyer is prohibited
				from counseling or assisting a client in conduct that the lawyer knows is
				criminal or fraudulent. Ordinarily, a lawyer can avoid assisting a client's
				crime or fraud by withdrawing from the representation. Sometimes it may be
				necessary for the lawyer to give notice of the fact of withdrawal and to
				disaffirm an opinion, document, affirmation or the like. In extreme cases,
				substantive law may require a lawyer to disclose information relating to the
				representation to avoid being deemed to have assisted the client's crime or
				fraud. Rule 1.6(b)(1) permits a lawyer to disclose information when required by
				law. Similarly, Rule 1.6(b)(4) permits a lawyer to disclose information when
				necessary to prevent, mitigate, or rectify the consequences of a client's
				criminal or fraudulent act in the commission of which the lawyer's services
				were used.
Authority
				  G.S.
				  84-23;
Eff. July 24,
				  1997;
Amended Eff. February 27,
				  2003.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0400 - TRANSACTIONS WITH PERSON OTHER THAN CLIENTS › Section 02 RULE 4.03 - DEALING WITH UNREPRESENTED PERSON

Current through Register Vol. 39, No. 2, July 15, 2024
In dealing on behalf of a client with a person who is not
				  represented by counsel, a lawyer shall not:
(1) give legal advice to the person, other
				than the advice to secure counsel, if the lawyer knows or reasonably should
				know that the interests of such person are or have a reasonable possibility of
				being in conflict with the interests of the client; and
(2) state or imply that the lawyer is
				disinterested. When the lawyer knows or reasonably should know that the
				unrepresented person misunderstands the lawyer's role in the matter, the lawyer
				shall make reasonable efforts to correct the misunderstanding.
Comment
[1] An
				unrepresented person, particularly one not experienced in dealing with legal
				matters, might assume that a lawyer is disinterested in loyalties or is a
				disinterested authority on the law even when the lawyer represents a client. To
				avoid a misunderstanding, a lawyer will typically need to identify the lawyer's
				client and, where necessary, explain that the client has interests opposed to
				those of the unrepresented person. For misunderstandings that sometimes arise
				when a lawyer for an organization deals with an unrepresented constituent, see
				Rule 1.13(d).
[2] The Rule
				distinguishes between situations involving unrepresented persons whose
				interests may be adverse to those of the lawyer's client and those in which the
				person's interests are not in conflict with the client's. In the former
				situation, the possibility that the lawyer will compromise the unrepresented
				person's interests is so great that the Rule prohibits the giving of any
				advice, apart from the advice to obtain counsel. This Rule does not prohibit a
				lawyer from negotiating the terms of a transaction or settling a dispute with
				an unrepresented person. So long as the lawyer has explained that the lawyer
				represents an adverse party and is not representing the person, the lawyer may
				inform the person of the terms on which the lawyer's client will enter into an
				agreement or settle a matter, prepare documents that require the person's
				signature and explain the lawyer's own view of the meaning of the document or
				the lawyer's view of the underlying legal obligations.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 5.02 - RESPONSIBILITIES OF A SUBORDINATE LAWYER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
			 lawyer is bound by the Rules of Professional Conduct notwithstanding that the
			 lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate the
			 Rules of Professional Conduct if that lawyer acts in accordance with a
			 supervisory lawyer's reasonable resolution of an arguable question of
			 professional duty.
Comment
[1] Although a
			 lawyer is not relieved of responsibility for a violation by the fact that the
			 lawyer acted at the direction of a supervisor, that fact may be relevant in
			 determining whether a lawyer had the knowledge required to render conduct a
			 violation of the Rules. For example, if a subordinate filed a frivolous
			 pleading at the direction of a supervisor, the subordinate would not be guilty
			 of a professional violation unless the subordinate knew of the document's
			 frivolous character.
[2] When
			 lawyers in a supervisor-subordinate relationship encounter a matter involving
			 professional judgment as to ethical duty, the supervisor may assume
			 responsibility for making the judgment. Otherwise a consistent course of action
			 or position could not be taken. If the question can reasonably be answered only
			 one way, the duty of both lawyers is clear and they are equally responsible for
			 fulfilling it. However, if the question is reasonably arguable, someone has to
			 decide upon the course of action. That authority ordinarily reposes in the
			 supervisor, and a subordinate may be guided accordingly. For example, if a
			 question arises whether the interests of two clients conflict under Rule 1.7,
			 the supervisor's reasonable resolution of the question should protect the
			 subordinate professionally if the resolution is subsequently
			 challenged.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 5.04 - PROFESSIONAL INDEPENDENCE OF A LAWYER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
			 lawyer or law firm shall not share legal fees with a nonlawyer, except that:
(1) an agreement by a lawyer with the
			 lawyer's firm, principal, or associate may provide for the payment of money,
			 over a reasonable period of time after the lawyer's death, to the lawyer's
			 estate or to one or more specified persons;
(2) a lawyer who purchases the practice of a
			 deceased, disabled, or disappeared lawyer may, pursuant to the provisions of
			 Rule 1.17, pay to the estate or other representative of that lawyer the
			 agreed-upon purchase price;
(3) a
			 lawyer who undertakes to complete unfinished legal business of a deceased
			 lawyer or a disbarred lawyer may pay to the estate of the deceased lawyer or to
			 the disbarred lawyer that portion of the total compensation that fairly
			 represents the services rendered by the deceased lawyer or the disbarred
			 lawyer;
(4) a lawyer or law firm
			 may include nonlawyer employees in a compensation or retirement plan even
			 though the plan is based in whole or in part on a profit-sharing
			 arrangement;
(5) a lawyer may share
			 court-awarded legal fees with a nonprofit organization that employed, retained
			 or recommended employment of the lawyer in the matter; and
(6) a lawyer or law firm may pay a portion of
			 a legal fee to a credit card processor, group advertising provider, or online
			 marketing platform if the amount paid is for payment processing or for
			 administrative or marketing services, and there is no interference with the
			 lawyer's independent professional judgment or with the client-lawyer
			 relationship.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 5.05 - UNAUTHORIZED PRACTICE OF LAW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A lawyer shall
			 not practice law in a jurisdiction where doing so violates the regulation of
			 the legal profession in that jurisdiction.
(b) A lawyer who is not admitted to practice
			 in this jurisdiction shall not:
(1) except as
			 authorized by these rules or other law, establish an office or other systematic
			 and continuous presence in this jurisdiction for the practice of law;
			 or
(2) hold out to the public or
			 otherwise represent that the lawyer is admitted to practice law in this
			 jurisdiction.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 5.06 - RESTRICTIONS ON RIGHT TO PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer shall not participate in offering or making:
(a) a partnership, shareholders, operating,
			 employment, or other similar type of agreement that restricts the right of a
			 lawyer to practice after termination of the relationship, except an agreement
			 concerning benefits upon retirement; or
(b) an agreement in which a restriction on
			 the lawyer's right to practice is part of the settlement of a client
			 controversy.
Comment
[1] An
			 agreement restricting the right of lawyers to practice after leaving a firm not
			 only limits their professional autonomy but also limits the freedom of clients
			 to choose a lawyer. Paragraph (a) prohibits such agreements except for
			 restrictions incident to provisions concerning retirement benefits for service
			 with the firm.
[2] Paragraph (b)
			 prohibits a lawyer from agreeing not to represent other persons in connection
			 with settling a claim on behalf of a client.
[3] This Rule does not prohibit restrictions
			 that may be included in the terms of the sale of a law practice pursuant to
			 Rule 1.17. The Rule also does not prohibit restrictions on a lawyer's right to
			 practice that are included in a plea agreement or other settlement of a
			 criminal matter or the resolution of a disciplinary proceeding where the
			 accused is a lawyer.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 5.07 - RESPONSIBILITIES REGARDING LAW-RELATED SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
			 lawyer shall be subject to the Rules of Professional Conduct with respect to
			 the provision of law-related services, as defined in paragraph (b), if the
			 law-related services are provided:
(1) by the
			 lawyer in circumstances that are not distinct from the lawyer's provision of
			 legal services to clients; or
(2)
			 by a separate entity controlled by the lawyer individually or with others if
			 the lawyer fails to take reasonable measures to assure that a person obtaining
			 the law-related services knows that the services of the separate entity are not
			 legal services and that the protections of the client-lawyer relationship do
			 not exist.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 6.01 - VOLUNTARY PRO BONO PUBLICO SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
Every lawyer has a professional responsibility to provide legal
				services to those unable to pay. A lawyer should aspire to render at least 50
				hours of pro bono publico legal services per year. In fulfilling this
				responsibility, the lawyer should:
(a)
			 provide a substantial majority of the 50 hours of legal services without fee or
			 expectation of fee to:
(1) persons of limited
			 means;
(2) charitable, religious,
			 civic, community, governmental and educational organizations in matters that
			 are designed primarily to address the needs of persons of limited means;
			 or
(3) individuals, groups or
			 organizations seeking to secure or protect civil rights, civil liberties or
			 public rights, or charitable, religious, civic, community, governmental and
			 educational organizations in matters in furtherance of their organizational
			 purposes, where the payment of standard legal fees would significantly deplete
			 the organization's economic resources or would be otherwise
			 inappropriate.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 6.03 - MEMBERSHIP IN LEGAL SERVICES ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer may serve as a director, officer or member of a legal
				services organization, apart from the law firm in which the lawyer practices,
				notwithstanding that the organization serves persons having interests adverse
				to a client of the lawyer. The lawyer shall not knowingly participate in a
				decision or action of the organization:
(1) if participating in the decision or
			 action would be incompatible with the lawyer's obligations to a client under
			 Rule 1.7; or
(2) where the decision
			 or action could have a material adverse effect on the representation of a
			 client of the organization whose interests are adverse to a client of the
			 lawyer.
Comment
[1] Lawyers
			 should be encouraged to support and participate in legal service organizations.
			 A lawyer who is an officer or a member of such an organization does not thereby
			 have a client-lawyer relationship with persons served by the organization.
			 However, there is potential conflict between the interests of such persons and
			 the interests of the lawyer's clients. If the possibility of such conflict
			 disqualified a lawyer from serving on the board of a legal services
			 organization, the profession's involvement in such organizations would be
			 severely curtailed.
[2] It may be
			 necessary in appropriate cases to reassure a client of the organization that
			 the representation will not be affected by conflicting loyalties of a member of
			 the board. Established, written policies in this respect can enhance the
			 credibility of such assurances.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 6.04 - LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer may serve as a director, officer or member of an
				organization involved in reform of the law or its administration
				notwithstanding that the reform may affect the interests of a client of the
				lawyer. When the lawyer knows that the interests of a client may be materially
				benefited by a decision in which the lawyer participates, the lawyer shall
				disclose that fact but need not identify the client.
Comment
[1] Lawyers
			 involved in organizations seeking law reform generally do not have a
			 client-lawyer relationship with the organization. Otherwise, it might follow
			 that a lawyer could not be involved in a bar association law reform program
			 that might indirectly affect a client.
See also
Rule 1.2(b).
			 For example, a lawyer concentrating in antitrust litigation might be regarded
			 as disqualified from participating in drafting revisions of rules governing
			 that subject. In determining the nature and scope of participation in such
			 activities, a lawyer should be mindful of obligations to clients under other
			 Rules, particularly Rule 1.7. A lawyer is professionally obligated to protect
			 the integrity of the program by making an appropriate disclosure within the
			 organization when the lawyer knows a private client might be materially
			 benefited.
Authority
				G.S.
				84-23;
Eff. July 24,
				1997;
Amended Eff. February 27,
				2003.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 6.05 - LIMITED LEGAL SERVICES PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
			 lawyer who, under the auspices of a program sponsored by a nonprofit
			 organization or court, provides short-term limited legal services to a client
			 without expectation by either the lawyer or the client that the lawyer will
			 provide continuing representation in the matter:
(1) is subject to Rules 1.7 and 1.9(a) only
			 if the lawyer knows that the representation of the client involves a conflict
			 of interest; and
(2) is subject to
			 Rule 1.10 only if the lawyer knows that another lawyer associated with the
			 lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the
			 matter.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section 02 RULE 6.06 - ACTION AS A PUBLIC OFFICIAL

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer who holds public office shall not:
(a) use his or her public position to obtain,
			 or attempt to obtain, a special advantage in legislative matters for himself or
			 herself or for a client under circumstances where the lawyer knows, or it is
			 obvious, that such action is not in the public interest;
(b) use his or her public position to
			 influence, or attempt to influence, a tribunal to act in favor of himself or
			 herself or his or her client; or
(c) accept anything of value from any person
			 when the lawyer knows or it is obvious that the offer is for the purpose of
			 influencing the lawyer's action as a public official.
Comment
[1] Lawyers
			 often serve as legislators or as holders of other public offices. This is
			 highly desirable, as lawyers are uniquely qualified to make significant
			 contributions to the improvement of the legal system. A lawyer who is a public
			 officer, whether full or part time, should not engage in activities in which
			 the lawyer's personal or professional interests are or foreseeably may be in
			 conflict with his or her official duties.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0700 - INFORMATION ABOUT LEGAL SERVICES › Section 02 RULE 7.02 - COMMUNICATIONS CONCERNING A LAWYER'S SERVICES: SPECIFIC RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A lawyer may communicate information
				regarding the lawyer's services through any media.
(b) A lawyer shall not compensate, give, or
				promise anything of value to a person for recommending the lawyer's services
				except that a lawyer may
(1) pay the
				reasonable costs of advertisements or communications permitted by this
				Rule;
(2) pay the usual charges of
				an intermediary organization that complies with Rule 7.4, or a prepaid legal
				services plan that complies with 27 N.C. Admin. Code 1E.0301 et seq.;
(3) pay for a law practice in accordance with
				Rule 1.17; and
(4) give nominal
				gifts as an expression of appreciation that are neither intended nor reasonably
				expected to be a form of compensation for recommending a lawyer's
				services.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0700 - INFORMATION ABOUT LEGAL SERVICES › Section 02 RULE 7.03 - DIRECT CONTACT WITH POTENTIAL CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				"Solicitation" or "solicit" denotes a communication initiated by the lawyer
				that is directed to a specific person and that offers to provide, or can
				reasonably be understood as offering to provide, legal services.
(b) A lawyer shall not solicit professional
				employment by live person-to-person contact when a significant motive for the
				lawyer's doing so is the lawyer's or law firm's pecuniary gain, unless the
				contact is with a:
(1) lawyer;
(2) person who has a family, close personal,
				or prior business or professional relationship with the lawyer or law firm;
				or
(3) person who routinely uses
				for business purposes the type of legal services offered by the
				lawyer.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0700 - INFORMATION ABOUT LEGAL SERVICES › Section 02 RULE 7.04 - INTERMEDIARY ORGANIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				intermediary organization is a lawyer referral service, lawyer advertising
				cooperative, lawyer matching service, online marketing platform, or other
				similar organization that engages in referring consumers of legal services to
				lawyers or facilitating the creation of lawyer-client relationships between
				consumers of legal services and lawyers willing to provide assistance. A
				tribunal or similar government agency that appoints or assigns lawyers to
				represent parties before the tribunal or government agency is not an
				intermediary organization under this Rule.
(b) Before and while participating in an
				intermediary organization, the lawyer shall make reasonable efforts to ensure
				that the intermediary organization's conduct complies with the professional
				obligations of the lawyer, including the following conditions:
(1) The intermediary organization does not
				direct or regulate the lawyer's professional judgment in rendering legal
				services to the client;
(2) The
				intermediary organization, including its agents and employees, does not engage
				in improper solicitation pursuant to Rule 7.3;
(3) The intermediary organization makes the
				criteria for inclusion available to prospective clients, including any payment
				made or arranged by the lawyer(s) participating in the service and any fee
				charged to the client for use of the service, at the outset of the client's
				interaction with the intermediary organization;
(4) The function of the referral arrangement
				between lawyer and intermediary organization is fully disclosed to the client
				at the outset of the client's interaction with the lawyer;
(5) The intermediary organization does not
				require the lawyer to pay more than a reasonable sum representing a
				proportional share of the organization's administrative and advertising costs,
				including sums paid in accordance with Rule 5.4(a)(6); and
(6) The intermediary organization is not
				owned or directed by the lawyer, a law firm with which the lawyer is
				associated, or a lawyer with whom the lawyer is associated in a firm.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0700 - INFORMATION ABOUT LEGAL SERVICES › Section 02 RULE 7.05 - RESERVED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  84-23;
Adopted by Supreme Court:
				  July 24, 1997;
Amendments Approved by the Supreme Court: March 1,
				  2003; September 22, 2016;
Repealed by Supreme Court: April 21,
				  2021.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0800 - MAINTAINING THE INTEGRITY OF THE PROFESSION › Section 02 RULE 8.01 - BAR ADMISSION AND DISCIPLINARY MATTERS

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant for admission to the bar, or a lawyer in
				  connection with a bar admission application or in connection with a
				  disciplinary matter, shall not:
(1)
				knowingly make a false statement of material fact; or
(2) fail to disclose a fact necessary to
				correct a misapprehension known by the person to have arisen in the matter, or
				knowingly fail to respond to a lawful demand for information from an admissions
				or disciplinary authority, except that this rule does not require disclosure of
				information otherwise protected by Rule 1.6.
Comment
[1] The duty
				imposed by this Rule extends to persons seeking admission to the bar as well as
				to lawyers. Hence, if a person makes a material false statement in connection
				with an application for admission, it may be the basis for subsequent
				disciplinary action if the person is admitted, and in any event may be relevant
				in a subsequent admission application. The duty imposed by this Rule applies to
				a lawyer's own admission or discipline as well as that of others. Thus, it is a
				separate professional offense for a lawyer to knowingly make a
				misrepresentation or omission in connection with a disciplinary investigation
				of the lawyer's own conduct. Paragraph (b) of this Rule also requires
				correction of any prior misstatement in the matter that the applicant or lawyer
				may have made and affirmative clarification of any misunderstanding on the part
				of the admissions or disciplinary authority of which the person involved
				becomes aware. It should also be noted that N.C.G.S. §
										84-28(b)(3)
				defines failure to answer a formal inquiry of the North Carolina State Bar as
				misconduct for which discipline is appropriate.
[2] This Rule is subject to the provisions of
				the fifth amendment of the United States Constitution and corresponding
				provisions of the North Carolina Constitution. A person relying on such a
				provision in response to a question, however, should do so openly and not use
				the right of nondisclosure as a justification for failure to comply with this
				Rule.
[3] A lawyer representing an
				applicant for admission to the bar, or representing a lawyer who is the subject
				of a disciplinary inquiry or proceeding, is governed by the rules applicable to
				the client-lawyer relationship, including Rule 1.6 and, in some cases, Rule
				3.3.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0800 - MAINTAINING THE INTEGRITY OF THE PROFESSION › Section 02 RULE 8.02 - JUDICIAL AND LEGAL OFFICIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer shall not make a statement that the lawyer knows to be false or with
				reckless disregard as to its truth or falsity concerning the qualifications or
				integrity of a judge, or other adjudicatory officer or of a candidate for
				election or appointment to judicial office.
(b) A lawyer who is a candidate for judicial
				office shall comply with the applicable provisions of the Code of Judicial
				Conduct.
Comment
[1]
				Assessments by lawyers are relied on in evaluating the professional or personal
				fitness of persons being considered for election or appointment to judicial
				office. Expressing honest and candid opinions on such matters contributes to
				improving the administration of justice. Conversely, false statements by a
				lawyer can unfairly undermine public confidence in the administration of
				justice.
[2] When a lawyer seeks
				judicial office, the lawyer should be bound by applicable limitations on
				political activity.
[3] To maintain
				the fair and independent administration of justice, lawyers are encouraged to
				continue traditional efforts to defend judges and courts unjustly criticized.
				Adjudicatory officials, not being wholly free to defend themselves, are
				entitled to receive the support of the bar against such unjust
				criticism.
[4] While a lawyer as a
				citizen has a right to criticize such officials publicly, the lawyer should be
				certain of the merit of the complaint, use appropriate language, and avoid
				petty criticisms, for unrestrained and intemperate statements tend to lessen
				public confidence in our legal system. Criticisms motivated by reasons other
				than a desire to improve the legal system are not justified.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0800 - MAINTAINING THE INTEGRITY OF THE PROFESSION › Section 02 RULE 8.03 - REPORTING PROFESSIONAL MISCONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer who knows that another lawyer has committed a violation of the Rules of
				Professional Conduct that raises a substantial question as to that lawyer's
				honesty, trustworthiness or fitness as a lawyer in other respects, shall inform
				the North Carolina State Bar or the court having jurisdiction over the
				matter.
(b) A lawyer who knows that
				a judge has committed a violation of applicable rules of judicial conduct that
				raises a substantial question as to the judge's fitness for office shall inform
				the North Carolina Judicial Standards Commission or other appropriate
				authority.
(c) This Rule does not
				require disclosure of information otherwise protected by Rule 1.6.
(d) A lawyer who is disciplined in any state
				or federal court for a violation of the Rules of Professional Conduct in effect
				in such state or federal court shall inform the secretary of the North Carolina
				State Bar of such action in writing no later than 30 days after entry of the
				order of discipline.
(e) A lawyer
				who is serving as a mediator and who is subject to the North Carolina Supreme
				Court Standards of Professional Conduct for Mediators (the Standards) is not
				required to disclose information learned during a mediation if the Standards do
				not allow disclosure. If disclosure is allowed by the Standards, the lawyer is
				required to report professional misconduct consistent with the duty to report
				set forth in paragraph (a).
Authority
				  G.S.
				  84-23;
Eff. July 24,
				  1997;
Amended Eff. June 9, 2016; October 7, 2010; March 1,
				  2003.