reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0100 - BOARD OF LAW EXAMINERS › Section 01C .0101 - ELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board of
				  Law Examiners shall consist of 11 members. The members are appointed for
				  three-year terms to serve until expiration of the term, resignation, death, or
				  other cause for termination of members' service.
(b) The council, in making appointments to
				  the Board of Law Examiners, shall make appointments for no more than four
				  consecutive three-year terms, not counting any partial term which may have
				  previously been served.
(c) The
				  council shall appoint board members for three-year terms at its annual meeting
				  in October, with the term of service to begin on the following January 1.
				  Appointment of a board member to complete an unexpired term shall be conducted
				  at the next meeting of the council following the termination of service by the
				  member and the giving of notice of the vacancy.
(d) When vacancies occur for the Board of Law
				  Examiners, notice shall be published in the official publication of the North
				  Carolina State Bar giving the date by which any person desiring to make a
				  suggestion for someone to be considered as a possible member of the Board of
				  Law Examiners must submit the name to the North Carolina State Bar.
(e) In considering an appointment to the
				  Board of Law Examiners, the council may consult with current members of the
				  Board of Law Examiners and consider factors such as geography, practice area,
				  gender, and racial diversity.
(f)
				  No member of the council shall be a member of the Board of Law
				  Examiners.
(g) Any former Board of
				  Law Examiners member being considered for appointment as emeritus member shall
				  have served on the Board of Law Examiners for not less than five
				  years.
Authority
					 G.S.
					 84-24;
Readopted Eff. December 8,
					 1994;
Amended Eff. June 9,
					 2016.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0100 - BOARD OF LAW EXAMINERS › Section 01C .0102 - EXAMINATION OF APPLICANTS FOR LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
All applicants for admission to the Bar shall first obtain
					 a certificate or license from the Board of Law Examiners in accordance with the
					 rules and regulations of that board.
Authority
					 G.S.
					 84-24;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0100 - BOARD OF LAW EXAMINERS › Section 01C .0103 - ADMISSION TO PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receiving license to practice law from the Board of
					 Law Examiners, the applicant shall be admitted to the practice thereof by
					 taking the oath in the manner and form now provided by law.
Authority
					 G.S.
					 84-24;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0100 - BOARD OF LAW EXAMINERS › Section 01C .0104 - APPROVAL OF RULES AND REGULATIONS OF BOARD OF LAW EXAMINERS

Current through Register Vol. 39, No. 2, July 15, 2024
The council shall, as soon as possible, after the
					 presentation to it of rules and regulations for admission to the Bar, approve
					 or disapprove such rules and regulations. The rules and regulations approved
					 shall immediately be certified to the Supreme Court. Such rules and regulations
					 as may not be approved by the council shall be the subject of further study and
					 action, and for the purpose of study, the council and Board of Law Examiners
					 may sit in joint session. No action, however, shall be taken by the joint
					 meeting, but each shall act separately, and no rule or regulation shall be
					 certified to the Supreme Court until approved by the council.
Authority
					 G.S.
					 84-24;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0100 - BOARD OF LAW EXAMINERS › Section 01C .0105 - APPROVAL OF LAW SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
Every applicant for admission to the North Carolina State
					 Bar must meet the requirements set out in at least one of the numbered
					 paragraphs below:
(1) The applicant
				  holds an LL.B or J.D. degree from a law school that was approved by the
				  American Bar Association at the time the degree was conferred; or
(2) Prior to August 1995, the applicant
				  received an LL.B., J.D., LL.M., or S.J.D. degree from a law school that was
				  approved by the council of the N.C. State Bar at the time the degree was
				  conferred;
(3) Prior to August
				  2005, the applicant received an LL.M or S.J.D. degree from a law school that
				  was approved by the American Bar Association at the time the degree was
				  conferred.
(4) The applicant holds
				  an LL.B. or J.D. degree from a law school that was approved for licensure
				  purposes in another state of the United States or the District of Columbia and
				  was licensed in such state or district.
Authority
					 G.S.
					 84-24;
Adopted March 3,
					 1999;
Amendments Approved by the Supreme Court: September 22, 2016;
					 March 5, 2015; February 27, 2003.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0201 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this subchapter are adopted for the following
					 purposes: to support the development of experiential legal education programs
					 at North Carolina's law schools in order that the law schools may provide their
					 students with supervised practical training of varying kinds during the period
					 of their formal legal education; to enable law students to obtain supervised
					 practical training while serving as certified law students for government
					 agencies; and to assist law schools in providing substantial opportunities for
					 student participation and experiential education in pro bono
					 service.
Authority
					 G.S.
					 84-7.1;
					 84-23;
Readopted
					 Effective December 8, 1994;
Amendments Approved by the Supreme
					 Court: June 7, 2001; March 6, 2008; September 25, 2019; April 21,
					 2021.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply to the terms used in
					 this section:
(a) Clinical legal
				  education program - Experiential educational program that engages students in
				  "real world" legal matters through supervised practice experience. Under the
				  supervision of a faculty member or site supervisor who is accountable to the
				  law school, students assume the role of a lawyer either as a
				  protégé, lead counsel, or a member of a lawyer team.
(b) Eligible persons - Persons who are unable
				  financially to pay for legal advice or services as determined by a standard
				  established by a judge of the General Court of Justice, a legal services
				  organization, government entity, or a clinical legal education program.
				  "Eligible persons" may include minors who are not financially independent;
				  students enrolled in secondary and higher education schools who are not
				  financially independent; non-profit organizations serving low-income
				  communities; and other organizations financially unable to pay for legal advice
				  or services.
(c) Field placement -
				  Practical training opportunities that place students in legal practice settings
				  external to the law school. Students in a field placement represent clients or
				  perform other lawyering roles under the supervision of practicing lawyers or
				  other qualified legal professionals. Supervising attorneys provide direct
				  feedback and guidance to the students. Site supervisors have administrative
				  responsibility for the legal intern program at the field placement. Such
				  practical training opportunities include the following:
(1) Externships - Courses within a law
				  school's clinical legal education program in which the law school places
				  students in legal practice settings external to the law school. Faculty have
				  overall responsibility for assuring the educational value of the learning in
				  the field.
(2) Government
				  internships - Practical training opportunities in which students are placed in
				  government agencies. No law school credit is earned for such placements. A
				  government internship may be facilitated by the student's law school or
				  obtained by the student independently. Although not required, faculty oversight
				  is encouraged to ensure the educational value of the placement.
(3) Internships - Practical training
				  opportunities in which students are placed in legal practice settings external
				  to the law school. No law school credit is earned for such placements. An
				  internship may be facilitated by the student's law school or obtained by the
				  student independently. Some faculty oversight through the law school's clinical
				  legal education program is required.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0203 - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
To engage in activities permitted by these rules, a law
					 student must satisfy the following requirements:
(a) be enrolled as a J.D. or LL.M. student in
				  a law school approved by the Council of the North Carolina State Bar;
(b) be certified in writing by a
				  representative of his or her law school, authorized by the dean of the law
				  school to provide such certification, as being of good character with requisite
				  legal ability and legal education to perform as a certified law student, which
				  education shall include satisfaction of the prerequisites for participation in
				  the clinic, externship, or other student practice placement;
(c) be introduced by an attorney admitted to
				  practice in the tribunal or agency to every judicial official who will preside
				  over a matter in which the student will appear, and, pursuant to Rule .0206(c)
				  of this subchapter, obtain the tribunal's or agency's consent to appear subject
				  to any limitations imposed by the presiding judicial official; such
				  introductions do not have to occur in open court and the consent of the
				  judicial official may be oral or written;
(d) neither ask for nor receive any
				  compensation or remuneration of any kind from any eligible person to whom he or
				  she renders services, but this shall not prevent an attorney, legal services
				  organization, law school, or government agency from paying compensation to the
				  law student or charging or collecting a fee for legal services performed by
				  such law student; and
(e) attest in
				  writing that he or she has read the North Carolina Rules of Professional
				  Conduct and is familiar with the opinions interpretive thereof.
Authority
					 G.S.
					 84-7.1;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amendments Approved by the Supreme Court: June 7,
					 2001; March 6, 2008; September 25, 2019; April 21,
					 2021.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0204 - FORM AND DURATION OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of the written materials required by Rule
					 .0203(b) and (e) and Rule .0205(b), the North Carolina State Bar shall certify
					 that the law student may serve as a certified law student. The certification
					 shall be subject to the following limitations:
(a) Duration. The certification shall be
				  effective for 18 consecutive months or until the announcement of the results of
				  the first bar examination following the certified law student's graduation
				  whichever is earlier. If the certified law student passes the bar examination,
				  the certification shall remain in effect until the certified law student is
				  sworn-in by a court and admitted to the bar. For the duration of the
				  certification, the certification shall be transferrable from one student
				  practice placement or law school clinic to another student practice placement
				  or law school clinic, provided that (i) all student practice placements are
				  approved by the law school prior to the certified law student's graduation, and
				  (ii) the supervision and filing requirements in Rule .0205 of this subchapter
				  are at all times satisfied.
(b)
				  Withdrawal of Certification. The certification shall be withdrawn by the State
				  Bar, without hearing or a showing of cause, upon receipt of
(1) notice from a representative of the
				  certified law student's law school, authorized to act by the dean of the law
				  school, that the student has not graduated but is no longer enrolled;
(2) notice from a representative of the
				  certified law student's law school, authorized to act by the dean of the law
				  school, that the student is no longer in good standing at the law
				  school;
(3) notice from a
				  supervising attorney that the supervising attorney is no longer supervising the
				  certified law student and that no other qualified attorney has assumed the
				  supervision of the student; or
(4)
				  notice from a judge before whom the certified law student has appeared that the
				  certification should be withdrawn.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0205 - SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Supervision
				  Requirements. A supervising attorney shall:
(1) for a law school clinic, concurrently
				  supervise an unlimited number of certified law students if the supervising
				  attorney is a full-time, part-time, or adjunct member of a law school's faculty
				  or staff whose primary responsibility is supervising certified law students in
				  a law school clinic and, further provided, the number of certified law students
				  concurrently supervised is not so large as to compromise the effective and
				  beneficial practical training of the certified law students or the competent
				  representation of clients;
(2) for
				  a student practice placement, concurrently supervise no more than two certified
				  law students; however, a greater number of certified law students may be
				  concurrently supervised by a single supervising attorney if (i) an appropriate
				  faculty member of each certified law student's law school determines, in his or
				  her reasoned discretion, that the effective and beneficial practical training
				  of the certified law students will not be compromised, and (ii) the supervising
				  attorney determines that the competent representation of clients will not be
				  compromised;
(3) assume personal
				  and professional responsibility for any work undertaken by a certified law
				  student while under his or her supervision;
(4) assist and counsel with a certified law
				  student in the activities permitted by these rules and review such activities
				  with the certified law student, all to the extent required for the proper
				  practical training of the student and the competent representation of the
				  client;
(5) read, approve, and
				  personally sign any pleadings or other papers prepared by a certified law
				  student prior to the filing thereof, and read and approve any documents
				  prepared by a certified law student for execution by a client or third party
				  prior to the execution thereof; and
(6) for externships and internships (other
				  than placements at government agencies), ensure that any activities by the
				  certified law student that are authorized by Rule .0206 are limited to
				  representations of eligible persons.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0207 - USE OF STUDENT'S NAME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A certified
				  law student's name may properly
(1) be printed
				  or typed on briefs, pleadings, and other similar documents on which the
				  certified law student has worked with or under the direction of the supervising
				  attorney, provided the certified law student is clearly identified as a student
				  certified under these rules, and provided further that the certified law
				  student shall not sign his or her name to such briefs, pleadings, or other
				  similar documents;
(2) be signed to
				  letters written on the letterhead of the supervising attorney, legal aid
				  clinic, or government agency, provided there appears below the certified law
				  student's signature a clear identification that the student is certified under
				  these rules. An appropriate designation is "Certified Law Student under the
				  Supervision of [supervising attorney]", and
(3) be printed on a business card, provided
				  the name of the supervising attorney also appears on the business card and
				  there appears below the certified law student's name a clear statement that the
				  student is certified under these rules. An appropriate designation is
				  "Certified Law Student under the Supervision of [supervising
				  attorney]."
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter C - RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS › Section .0200 - RULES GOVERNING THE PRACTICAL TRAINING OF LAW STUDENTS › Section 01C .0208-.0210

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Repealed Eff. June 7,
					 2001.
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 .0102 - REQUESTS FOR LEGAL ETHICS OPINIONS AND ETHICS ADVISORIES (GENERAL PROVISIONS)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any attorney or citizen may request the
				  Bar to rule on actual or contemplated professional conduct of an attorney in
				  the form and manner provided hereinafter. The grant or denial of the request
				  rests with the discretion of the executive director, assistant executive
				  director, committee, or the council.
(b) Attorneys may initiate a request for an
				  ethics advisory either in writing, by telephone, or in person regarding conduct
				  which they contemplate and in good faith believe is either a routine matter or
				  requires urgent action in order to protect some legal right, privilege, or
				  interest. If the request is initiated verbally, the requesting attorney must
				  promptly confirm the request in writing.
(c) A request for an ethics advisory, ethics
				  decision, or legal ethics opinion shall present in detail to the executive
				  director or assistant executive director all operative facts upon which the
				  request is based. All requests for either a legal ethics opinion or an ethics
				  decision shall be made in writing.
(d) Any citizen may request either a legal
				  ethics opinion or an ethics decision through any councilor of the judicial
				  district of his or her residence or principal place of business except when the
				  request is regarding the propriety of said councilor's conduct, in which case
				  the citizen may make the request through another councilor in the district or a
				  councilor in an adjoining judicial district.
(e) Any attorney, including a councilor
				  acting pursuant to Paragraph (d) hereinabove, who requests either a legal
				  ethics opinion or an ethics decision concerning acts or contemplated
				  professional conduct of another attorney, shall state the name of that attorney
				  and identify all persons who the requesting attorney has reason to believe
				  would be substantially affected by the question or questions advanced. The
				  councilor shall exercise good faith in preparing the request on behalf of the
				  citizen.
(f) If an attorney
				  willfully fails to identify an attorney who the requesting attorney has reason
				  to believe would be substantially affected by the requested ethics advisory,
				  legal ethics opinion, or ethics decision, his or her willful failure may be
				  treated as misconduct. The requesting attorney shall receive no right, benefit,
				  or immunity under any opinion which has been issued under such circumstances,
				  and the opinion shall be reexamined de novo under the procedures delineated in
				  Rule .0104 of this Subchapter.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
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 .0105 - PROCEDURES FOR MEETINGS OF THE ETHICS COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Consent Agenda. The agenda for a meeting of the committee shall include a
				  consent agenda consisting of those proposed formal ethics opinions, proposed
				  ethics decisions, and ethics advisories (collectively "proposed opinions")
				  published, circulated, or mailed during the preceding quarter that the
				  chairperson, vice-chair, and staff counsel agree do not warrant discussion by
				  the full committee.
(b) Vote on
				  Consent Agenda. The consent agenda shall be considered at the beginning of the
				  meeting of the committee following the consideration of administrative matters.
				  Any committee member may make a non-debatable motion to remove an item from the
				  consent agenda for separate discussion and vote. The motion must receive an
				  affirmative vote of one-third of all of the duly appointed members of the
				  committee in order for an item to be removed from the consent agenda. The items
				  remaining upon the consent agenda shall be considered together upon a
				  non-debatable motion to approve the remaining items on the consent agenda. The
				  motion must pass by a vote of not less than a majority of the duly appointed
				  members of the committee pursuant to Rule .0104(f) of this Subchapter. All
				  items on a consent agenda so approved shall be transmitted to the council with
				  a recommendation to adopt.
Authority
					 G.S.
					 84-23;
Adopted Eff. March 11,
					 2010.
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0201 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the committee on the authorized practice of
					 law is to protect the public from being unlawfully advised and represented in
					 legal matters by unqualified persons.
Authority
					 G.S.
					 84-37;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 3,
					 2000.
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0202 - PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The procedure
				  to prevent and restrain the unauthorized practice of law shall be in accordance
				  with the provisions hereinafter set forth.
(b) District bars shall not conduct separate
				  proceedings into unauthorized practice of law matters but shall assist and
				  cooperate with the North Carolina State Bar in reporting and investigating
				  matters of alleged unauthorized practice of law.
Authority
					 G.S.
					 84-37;
Readopted Eff. December 8,
					 1994.
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0204 - STATE BAR COUNCIL - POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The Council of the North Carolina State Bar shall have the
					 power and duty:
(1) to supervise the
				  administration of the Authorized Practice Committee in accordance with the
				  provisions of this Subchapter;
(2)
				  to appoint a counsel. The counsel shall serve at the pleasure of the council.
				  The counsel shall be a member of the North Carolina State Bar but shall not be
				  permitted to engage in the private practice of law.
Authority
					 G.S.
					 84-37;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 3,
					 2000.
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0205 - CHAIRPERSON OF THE AUTHORIZED PRACTICE COMMITTEE - POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The chairperson of the Authorized
				  Practice Committee shall have the power and duty:
(1) to supervise the activities of the
				  counsel;
(2) to recommend to the
				  Authorized Practice Committee that an investigation be initiated;
(3) to recommend to the Authorized Practice
				  Committee that a complaint be dismissed;
(4) to direct a letter of notice to an
				  accused person or corporation or direct the counsel to issue letters of notice
				  in such cases or under such circumstances as the chairperson deems
				  appropriate;
(5) to notify the
				  accused and any complainant that a complaint has been dismissed;
(6) to call meetings of the Authorized
				  Practice Committee for the purpose of holding preliminary hearings;
(7) to issue subpoenas in the name of the
				  North Carolina State Bar or direct the secretary to issue such
				  subpoenas;
(8) to administer oaths
				  or affirmations to witnesses;
(9)
				  to file and verify complaints and petitions in the name of the North Carolina
				  State Bar.
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0206 - AUTHORIZED PRACTICE COMMITTEE - POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The Authorized Practice Committee shall have the power and
					 duty
(1) to direct the counsel to
				  investigate any alleged unauthorized practice of law by any person, firm, or
				  corporation in this State;
(2) to
				  hold preliminary hearings, find probable cause, and recommend to the Executive
				  Committee that a complaint for injunction be filed in the name of the State Bar
				  against the respondent;
(3) to
				  dismiss allegations of the unauthorized practice of law upon a finding of no
				  probable cause;
(4) to issue
				  letters of caution, which may include a demand to cease and desist, to
				  respondents in cases where the Committee concludes either that:
(a) there is probable cause established to
				  believe respondent has engaged in the unauthorized practice of law in North
				  Carolina, but
(i) respondent has agreed to
				  refrain from engaging in the conduct in the future;
(ii) respondent is unlikely to engage in the
				  conduct again; or
(iii) either
				  referral to a district attorney or complaint for injunction is not warranted
				  under the circumstances; or
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0207 - COUNSEL - POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The counsel shall have the power and duty:
(1) to initiate an investigation concerning
				  the alleged unauthorized practice of law;
(2) to direct a letter of notice to a
				  respondent when authorized by the chairperson of the Authorized Practice
				  Committee;
(3) to investigate all
				  matters involving alleged unauthorized practice of law whether initiated by the
				  filing of a complaint or otherwise;
(4) to recommend to the chairperson of the
				  Authorized Practice Committee that a matter be dismissed because the complaint
				  is frivolous or falls outside the council's jurisdiction; that a letter of
				  notice be issued; or that the matter be considered by the Authorized Practice
				  Committee to determine whether probable cause exists;
(5) to prosecute all unauthorized practice of
				  law proceedings before the Authorized Practice Committee and the
				  courts;
(6) to represent the State
				  Bar in any trial or other proceedings concerned with the alleged unauthorized
				  practice of law;
(7) to employ
				  assistant counsel, investigators, and other administrative personnel in such
				  numbers as the council may from time to time authorize;
(8) to maintain permanent records of all
				  matters processed and the disposition of such matters;
(9) to perform such other duties as the
				  council may from time to time direct.
Authority
					 G.S.
					 84-37;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 3,
					 2000.
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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0208 - SUING FOR INJUNCTIVE RELIEF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receiving a recommendation from the Authorized Practice Committee that a
				  complaint seeking injunctive relief be filed, the Executive Committee shall
				  review the matter at the same quarterly meeting and determine whether the
				  recommended action is necessary to protect the public interest and ought to be
				  prosecuted.
(b) If the Executive
				  Committee decides to follow the Authorized Practice Committee's recommendation,
				  it shall direct the counsel to prepare the necessary pleadings as soon as
				  practical for signature by the chairperson and filing with the appropriate
				  tribunal.
(c) If the Executive
				  Committee decides not to follow the Authorized Practice Committee's
				  recommendation, the matter shall go before the council at the same quarterly
				  meeting to determine whether the recommended action is necessary to protect the
				  public interest and ought to be prosecuted.
(d) If the council decides not to follow the
				  Authorized Practice Committee's recommendation, the matter shall be referred
				  back to the Authorized Practice Committee for alternative
				  disposition.
(e) If probable cause
				  exists to believe that a respondent is engaged in the unauthorized practice of
				  law and action is needed to protect the public interest before the next
				  quarterly meeting of the Authorized Practice Committee, the chairperson, with
				  the approval of the president, may file and verify a complaint or petition in
				  the name of the North Carolina State Bar.
Authority
					 G.S.
					 84-37;
Adopted Eff. February 3,
					 2000.
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 .0300 - DISASTER RESPONSE PLAN › Section 01D .0301 - THE DISASTER RESPONSE TEAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The disaster
				  response team should be composed of the following:
(1) the president of the State Bar, or if the
				  president is unavailable, another officer of the State Bar;
(2) the counsel or his or her
				  designee;
(3) the director of
				  communications or his or her designee;
(4) the president of the Young Lawyers
				  Division of the North Carolina Bar Association ("YLD") or his or her
				  designee;
(5) the chairperson of
				  the Client Assistance Committee; and
(6) other persons, such as the applicable
				  local bar president(s), appointed by the president as necessary or appropriate
				  for response in each individual situation.
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 .0300 - DISASTER RESPONSE PLAN › Section 01D .0302 - GENERAL POLICY AND OBJECTIVES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Rapid
				  Response
(1) It is essential that the State
				  Bar establish an awareness and sensitivity to disaster situations.
(2) The disaster response plan will be
				  disseminated through the publications of the State Bar and continuing legal
				  education programs.
(3) The
				  disaster response team shall be properly trained to respond to initial
				  inquiries and appear at the site.
(4) The disaster response team will provide
				  victims and/or their families with written materials when requested.
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 .0300 - DISASTER RESPONSE PLAN › Section 01D .0303 - REPORT ON RESULTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  coordinator will promptly convene a meeting of groups involved in the disaster
				  to review the effectiveness of the plan in that particular disaster.
(b) The coordinator shall prepare a written
				  report concerning significant matters relating to the disaster.
(c) The written report shall be submitted to
				  the Client Assistance Committee as well as other involved
				  organizations.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 3,
					 2000.
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 .0400 - RULES AND REGULATIONS RELATING TO THE APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN CERTAIN CRIMINAL CASES › Section 01D .0401-.0406

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 7A-459;
Readopted Eff. December
					 8, 1994;
Amended Eff. May 4, 2000;
Repealed Eff.
					 October 6, 2004.
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 .0500 - MODEL PLAN FOR APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN CERTAIN CRIMINAL CASES › Section 01D .0501-.0510

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 7A-459;
Readopted Eff. December
					 8, 1994;
Repealed Eff. October 6,
					 2004.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0601 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the lawyer assistance program is to:
(1) protect the public by assisting lawyers
				  and judges who are professionally impaired by reason of substance abuse,
				  addiction, or debilitating mental condition;
(2) assist impaired lawyers and judges in
				  recovery; and
(3) educate lawyers
				  and judges concerning the causes of and remedies for such impairment.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. February 3,
					 2000.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0602 - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The council of the North Carolina State Bar hereby
					 establishes the Lawyer Assistance Program Board (the board) as a standing
					 committee of the council. The board has the authority to establish policies
					 governing the State Bar's lawyer assistance program as needed to implement the
					 purposes of this program. The authority conveyed is not limited by, but is
					 fully coextensive with, the authority previously vested in the State Bar's
					 predecessor program, the Positive Action for Lawyers (PALS)
					 program.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. February 3,
					 2000.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0603 - OPERATIONAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall be responsible for operating the lawyer
					 assistance program subject to the statutes governing the practice of law, the
					 authority of the council, and the rules of the board.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0604 - SIZE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall have nine members. Three of the members
					 shall be councilors of the North Carolina State Bar at the time of appointment;
					 three of the members shall be non-lawyers or lawyers with experience and
					 training in the fields of mental health, substance abuse or addiction; and
					 three of the members shall be lawyers who are currently volunteers to the
					 lawyer assistance program. In addition, the board may have the dean of a law
					 school in North Carolina, or the dean's designee, appointed by the council as
					 an ex officio member. No member of the Grievance Committee shall be a member of
					 the board.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000;
Amended Eff. November 16,
					 2006.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0605 - APPOINTMENT OF MEMBERS; WHEN; REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The initial members of the board shall be appointed at the
					 next meeting of the council following the creation of the board. Thereafter,
					 members shall be appointed or reappointed, as the case may be, at the first
					 quarterly meeting of the council each calendar year, provided that a vacancy
					 occurring by reason of death, resignation, or removal shall be filled by
					 appointment of the council at the next quarterly meeting following the event
					 giving rise to the vacancy, and the person so appointed shall serve for the
					 balance of the vacated term. Any member of the board may be removed at any time
					 by an affirmative vote of a majority of the members of the council in session
					 at a regularly called meeting.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0606 - TERM OF OFFICE AND SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
The members of the board shall be divided into three
					 classes of equal size to serve in the first instance for terms expiring one,
					 two and three years, respectively, after the first quarterly meeting of the
					 council following creation of the board. Of the initial board, three members
					 (one councilor, one mental health, substance abuse or addiction professional,
					 and one lawyer-volunteer to the lawyer assistance program) shall be appointed
					 to terms of one year; three members (one councilor, one mental health,
					 substance abuse or addiction professional, and one lawyer-volunteer) shall be
					 appointed to terms of two years; and three members (one councilor, one mental
					 health, substance abuse or addiction professional, and one lawyer-volunteer)
					 shall be appointed to terms of three years. Thereafter, the successors in each
					 class of board members shall be appointed to serve for terms of three years. No
					 member shall serve more than two consecutive three-year terms, in addition to
					 service prior to the beginning of a full three-year term, without having been
					 off the board for at least three years. Members of the board serving ex officio
					 shall serve one-year terms and may serve up to three consecutive
					 terms.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000;
Amended Eff. November 16,
					 2006.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0607 - APPOINTMENT OF CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The chairperson of the board shall be appointed by the
					 council annually at the time of its appointment of board members. The
					 chairperson may be re-appointed for an unlimited number of one-year terms. The
					 chairperson shall preside at all meetings of the board, shall prepare and
					 present to the council the annual report of the board, and shall represent the
					 board in its dealings with the public. A vacancy occurring by reason of death,
					 resignation, or removal shall be filled by appointment of the council at the
					 next quarterly meeting following the event giving rise to the vacancy, and the
					 person so appointed shall serve for the balance of the vacated
					 term.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0608 - APPOINTMENT OF VICE-CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The vice-chairperson of the board shall be appointed by the
					 council annually at the time of its appointment of board members. The
					 vice-chairperson may be re-appointed for an unlimited number of one-year terms.
					 The vice-chairperson shall preside at and represent the board in the absence of
					 the chairperson and shall perform such other duties as may be assigned to him
					 or her by the chairperson or by the board. A vacancy occurring by reason of
					 death, resignation, or removal shall be filled by appointment of the council at
					 the next quarterly meeting following the event giving rise to the vacancy, and
					 the person so appointed shall serve for the balance of the vacated
					 term.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000.
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 .0600 - RULES GOVERNING THE LAWYER ASSISTANCE PROGRAM › Section 01D .0609 - SOURCE OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Funding for the program shall be provided from the general
					 and appropriate special funds of the North Carolina State Bar and such other
					 funds as may become available by grant or otherwise.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 February 3, 2000.