North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .0100 - PROCEDURES FOR RULING ON QUESTIONS OF LEGAL ETHICS › Section 01D .0104 - LEGAL ETHICS OPINIONS AND DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Requests for legal ethics opinions or ethics decisions shall be made in writing
				  and submitted to the executive director or assistant executive director who,
				  after determining that a request is in compliance with Rule .0102 of this
				  Subchapter, shall transmit the request to the chairperson of the
				  committee.
(b) If a legal ethics
				  opinion or ethics decision is requested concerning contemplated or actual
				  conduct of another attorney, the chairperson shall notify that attorney and
				  provide him or her with the opportunity to be heard, along with the person who
				  requested the opinion, under such guidelines as may be established by the
				  committee. The chairperson shall notify any additional person or group he or
				  she deems appropriate and provide them an opportunity to be heard.
(c) Upon initial consideration of the
				  request, by vote of a majority of the members of the committee present at the
				  meeting, the committee shall prepare a written proposed response to the inquiry
				  and shall determine whether to issue the response as a proposed ethics decision
				  or a proposed formal ethics opinion. Prior to the next regularly scheduled
				  meeting of the committee, all proposed formal ethics opinions shall be
				  published and all proposed ethics decisions shall be circulated to the members
				  of the council.
(d) Prior to the
				  next regularly scheduled meeting of the committee, any interested person or
				  group may submit a written request to reconsider a proposed formal ethics
				  opinion or a proposed ethics decision and may ask to be heard by the committee.
				  The committee, under such guidelines as it may adopt, may allow or deny such
				  request.
(e) Upon reconsideration
				  of a proposed formal ethics opinion or proposed ethics decision, the committee
				  may, by vote of not less than a majority of the duly appointed members of the
				  committee, revise the proposed formal ethics opinion or proposed ethics
				  decision. Prior to the next regularly scheduled meeting of the committee, all
				  revised proposed formal ethics opinions shall be published and all revised
				  proposed ethics decisions shall be circulated to the members of the
				  council.
(f) Upon completion of the
				  process, the committee shall determine, by a vote of not less than a majority
				  of the duly appointed members of the committee, whether to transmit a proposed
				  formal ethics opinion or proposed ethics decision to the council with a
				  recommendation to adopt.
(g) Any
				  interested person or group may request to be heard by the council prior to a
				  vote on the adoption of a proposed formal ethics opinion or ethics decision.
				  Whether permitted to appear before the council or not, the person or group has
				  the right to file a written brief with the council under such rules as may be
				  established by the council.
(h) The
				  council's action on a proposed formal ethics opinion or ethics decision shall
				  be determined by a vote of the majority of the council present and voting.
				  Notice of such action shall be provided to interested persons by the method
				  deemed most appropriate by the chairperson.
(i) A formal ethics opinion or ethics
				  decision may be reconsidered or withdrawn by the council pursuant to rules
				  which it may establish from time to time.
(j) To vote, a member of the committee must
				  be physically present at a meeting.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 5, 2004; March 8,
					 1998.