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 .1700 - THE PLAN OF LEGAL SPECIALIZATION › Section 01D .1723 - REVOCATION OR SUSPENSION OF CERTIFICATION AS A SPECIALIST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Automatic Revocation or Suspension of
				  Specialty Certification Following Professional Discipline. The board shall
				  revoke its certification of a lawyer as a specialist if the lawyer is disbarred
				  or receives a disciplinary suspension, any part of which is or subsequently
				  becomes active, from the Disciplinary Hearing Commission of the North Carolina
				  State Bar, a North Carolina court of law, or, if the lawyer is licensed in
				  another jurisdiction in the United States, from a court of law or the
				  regulatory authority of that jurisdiction. The board shall suspend its
				  certification of a lawyer as a specialist if the lawyer receives a disciplinary
				  suspension, all of which is stayed. If a stayed disciplinary suspension ends
				  without becoming active, the lawyer may be reinstated as a specialist if the
				  lawyer applies for recertification and satisfies all of the requirements for
				  recertification as set forth in the recertification standards for the relevant
				  specialty. During a suspension from specialty certification, application for
				  recertification shall be deferred until the end of the suspension. This
				  provision, and any amendment thereto, shall apply to discipline received on or
				  after the effective date of the provision or the amendment as
				  appropriate.
(b) Discretionary
				  Revocation or Suspension. The board may revoke its certification of a lawyer as
				  a specialist if the specialty is terminated or may suspend or revoke such
				  certification if it is determined, upon the board's own initiative or upon
				  recommendation of the appropriate specialty committee and after hearing before
				  the board as provided in Rule .1802 and Rule .1803, that
(1) the certification of the lawyer as a
				  specialist was made contrary to the rules and regulations of the
				  board;
(2) the lawyer certified as
				  a specialist made a false representation, omission or misstatement of material
				  fact to the board or appropriate specialty committee;
(3) the lawyer certified as a specialist has
				  failed to abide by all rules and regulations promulgated by the
				  board;
(4) the lawyer certified as
				  a specialist has failed to pay the fees required;
(5) the lawyer certified as a specialist no
				  longer meets the standards established by the board for the certification of
				  specialists;
(6) the lawyer
				  certified as a specialist received public discipline from the North Carolina
				  State Bar on or after the effective date of this provision, other than
				  suspension or disbarment from practice and the board finds that the conduct for
				  which the professional discipline was received reflects adversely on the
				  specialization program and the lawyer's qualification as a specialist;
				  or
(7) the lawyer certified as a
				  specialist was sanctioned or received public discipline on or after the
				  effective date of this provision from any state or federal court or, if the
				  lawyer is licensed in another jurisdiction, from the regulatory authority of
				  that jurisdiction in the United States, and the board finds that the conduct
				  for which the sanctions or professional discipline was received reflects
				  adversely on the specialization program and the lawyer's qualification as a
				  specialist.