North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0128 - OBLIGATIONS OF DISBARRED OR SUSPENDED ATTORNEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Client
				  Notification - A disbarred or suspended member of the North Carolina State Bar
				  will promptly notify by certified mail, return receipt requested, all clients
				  being represented in pending matters of the disbarment or suspension, the
				  reasons for the disbarment or suspension, and consequent inability of the
				  member to act as an attorney after the effective date of disbarment or
				  suspension and will advise such clients to seek legal advice elsewhere. The
				  written notice must be received by the client before a disbarred or suspended
				  attorney enters into any agreement with or on behalf of any client to settle,
				  compromise or resolve any claim, dispute or lawsuit of the client. The
				  disbarred or suspended attorney will take reasonable steps to avoid foreseeable
				  prejudice to the rights of his or her clients, including promptly delivering
				  all file materials and property to which the clients are entitled to the
				  clients or the clients' substituted attorney. No disbarred or suspended
				  attorney will transfer active client files containing confidential information
				  or property to another attorney, nor may another attorney receive such files or
				  property, without prior written permission from the client.
(b) Withdrawal - The disbarred or suspended
				  member will withdraw from all pending administrative or litigation matters
				  before the effective date of the suspension or disbarment and will follow all
				  applicable laws and disciplinary rules regarding the manner of
				  withdrawal.
(c) Effective Date - In
				  cases not governed by Rule .0121 of this subchapter, orders imposing suspension
				  or disbarment will be effective 30 days after being served upon the defendant.
				  In such cases, after entry of the disbarment or suspension order, the disbarred
				  or suspended attorney will not accept any new retainer or engage as attorney
				  for another in any new case or legal matter of any nature. However, between the
				  entry date of the order and its effective date, the member may complete, on
				  behalf of any client, matters which were pending on the entry date and which
				  can be completed before the effective date of the order.
(d) Affidavit Showing Compliance with Order -
				  Within 10 days after the effective date of the disbarment or suspension order,
				  the disbarred or suspended attorney will file with the secretary an affidavit
				  showing that he or she has fully complied with the provisions of the order,
				  with the provisions of this Section, and with the provisions of all other
				  state, federal, and administrative jurisdictions to which he or she is admitted
				  to practice. The affidavit will also set forth the residence or other address
				  of the disbarred or suspended member to which communications may thereafter be
				  directed.
(e) Records of Compliance
				  - The disbarred or suspended member will keep and maintain records of the
				  various steps taken under this Section so that, upon any subsequent proceeding,
				  proof of compliance with this Section and with the disbarment or suspension
				  order will be available. Proof of compliance with this section will be a
				  condition precedent to consideration of any petition for
				  reinstatement.
(f) Contempt - A
				  suspended or disbarred attorney who fails to comply with Rules .0128(a) - (e)
				  above may be subject to an action for contempt instituted by the appropriate
				  authority. Failure to comply with the requirements of Rule .0128(a) above will
				  be grounds for appointment of counsel pursuant to Rule .0126 of this
				  subchapter.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22, 2016;
					 March 6, 1997.