reglab/statecodes huggingface dataset:
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 .0610 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The annual meeting of the board shall be held in October of
					 each year in connection with the annual meeting of the North Carolina State
					 Bar. The board by resolution may set regular meeting dates and places. Special
					 meetings of the board may be called at any time upon notice given by the
					 chairperson, the vice-chairperson, or any two members of the board. Notice of
					 meeting shall be given at least two days prior to the meeting by mail,
					 telegram, facsimile transmission, electronic mail or telephone. A quorum of the
					 board for conducting its official business shall be a majority of the members
					 serving at a particular time.
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 .0611 - ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall prepare at least annually a report of its
					 activities and shall present the same at the annual meeting of the
					 council.
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 .0612 - POWERS AND DUTIES OF THE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the powers and duties set forth elsewhere in
					 these rules, the board shall have the following powers and duties:
(1) to exercise general supervisory authority
				  over the administration of the lawyer assistance program consistent with these
				  rules;
(2) to implement programs to
				  investigate and evaluate reports that a lawyer's ability to practice law is
				  impaired because of substance abuse, depression, or other debilitating mental
				  condition; to confer with any lawyer who is the subject of such a report; and,
				  if the report is verified, to provide referrals and assistance to the impaired
				  lawyer;
(3) to adopt and amend
				  regulations consistent with these rules with the approval of the
				  council;
(4) to delegate authority
				  to the staff of the lawyer assistance program subject to the review of the
				  council;
(5) to delegate authority
				  to investigate, evaluate, and intervene with impaired lawyers to committees
				  composed of qualified volunteer lawyers and non-lawyers;
(6) to submit an annual budget for the lawyer
				  assistance program to the council for approval and to ensure that expenses of
				  the board do not exceed the annual budget approved by the council;
(7) to report annually on the activities and
				  operations of the board to the council and make any recommendations for changes
				  in the rules or methods of operation of the lawyer assistance
				  program;
(8) to implement programs
				  to investigate, evaluate, and intervene in cases referred to it by a
				  disciplinary body, and to report the results of the investigation and
				  evaluation to the referring body;
(9) to promote programs of education and
				  awareness for lawyers, law students, and judges about the causes and remedies
				  of lawyer impairment;
(10) to train
				  volunteer lawyers to provide peer support, assistance and monitoring for
				  impaired lawyers; and
(11) to
				  administer the PALS revolving loan fund or other similar fund that may be
				  established for the board's program to assist lawyers who are impaired because
				  of a debilitating mental condition.
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 .0613 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
The lawyer assistance program is an approved lawyers'
					 assistance program in accordance with the requirements of Rule 1.6(c) of the
					 Revised Rules of Professional Conduct. Except as noted herein and otherwise
					 required by law, information received during the course of investigating,
					 evaluating, and assisting an impaired lawyer shall be privileged and held in
					 the strictest confidence by the staff of the lawyer assistance program, the
					 members of the board, and the members of any committee of the board. If a
					 report of impaired condition is made by members of a lawyer's family, and there
					 is good cause shown, the board may, in its discretion, release information to
					 appropriate members of the lawyer's family if the board or its duly authorized
					 committee determines that such disclosure is in the best interest of the
					 impaired lawyer.
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 .0615 - REGIONAL CHAPTERS

Current through Register Vol. 39, No. 2, July 15, 2024
A committee may, under appropriate rules and regulations
					 promulgated by the board, establish regional chapters, composed of qualified
					 volunteer lawyers and non-lawyers. A regional chapter may perform any or all of
					 the duties and functions set forth in Section .0600 of this Subchapter to the
					 extent provided by the rules of the board.
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 .0616 - SUSPENSION FOR IMPAIRMENT, REINSTATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
If it appears that a lawyer's ability to practice law is
					 impaired by substance abuse and/or chemical addiction, the board, or its duly
					 authorized committee, may petition any superior court judge to issue an order,
					 pursuant to the court's inherent authority, suspending the lawyer's license to
					 practice law in this state for up to 180 days.
(a) The petition shall be supported by
				  affidavits of at least two persons setting out the evidence of the lawyer's
				  impairment.
(b) The petition shall
				  be signed by the executive director of the lawyer assistance program and the
				  executive director of the State Bar.
(c) The petition shall contain a request for
				  a protective order sealing the petition and all proceedings respecting
				  it.
(d) Except as set out in
				  27 NCAC
				  01D .0606(j) of this Rule,
				  the petition shall request the court to issue an order requiring the attorney
				  to appear in not less than 10 days and show cause why the attorney should not
				  be suspended from the practice of law. No order suspending an attorney's
				  license shall be entered without notice and a hearing, except as provided in
				  27 NCAC
				  01D .0606(j) of this
				  Rule.
(e) The order to show cause
				  shall be served upon the attorney, along with the State Bar's petition and
				  supporting affidavits, as provided in Rule 4 of the North Carolina Rules of
				  Civil Procedure.
(f) At the show
				  cause hearing, the State Bar shall have the burden of proving by clear, cogent,
				  and convincing evidence that the lawyer's ability to practice law is
				  impaired.
(g) If the court finds
				  that the attorney is impaired, the court may enter an order suspending the
				  attorney from the practice of law for up to 180 days. The order shall
				  specifically set forth the reasons for its issuance.
(h) At any time following entry of an order
				  suspending an attorney, the attorney may petition the court for an order
				  reinstating the attorney to the practice of law.
(i) A hearing on the reinstatement petition
				  will be held no later than 10 days from the filing of the petition, unless the
				  suspended lawyer agrees to a continuance. At the hearing, the suspended lawyer
				  will have the burden of establishing by clear, cogent, and convincing evidence
				  the following:
(1) the lawyer's ability to
				  practice law is no longer impaired;
(2) the lawyer's debilitating condition is
				  being treated and/or managed;
(3) it
				  is unlikely that the inability to practice law due to the impairment will
				  recur; and
(4) it is unlikely that
				  the interest of the public will be unduly threatened by the reinstatement of
				  the lawyer.
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 .0617 - CONSENSUAL INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
Notwithstanding the provisions of Rule .0616 of this
					 subchapter, the court may enter an order transferring the lawyer to inactive
					 status if the lawyer consents. The order may contain such other terms and
					 provisions as the parties agree to and which are necessary for the protection
					 of the public. A lawyer transferred to inactive status pursuant to this rule
					 may not petition for reinstatement pursuant to Rule .0902 of this subchapter.
					 The lawyer may apply to the court at any time for an order reinstating the
					 lawyer to active status.
Authority
					 G.S.
					 84-23;
					 84-28(i);
Readopted Eff. December 8, 1994;
Amended Eff. March 8, 2013;
					 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 .0618 - AGENTS OF THE STATE BAR

Current through Register Vol. 39, No. 2, July 15, 2024
All members of the board and its duly appointed committees
					 shall be deemed to be acting as agents of the State Bar when performing the
					 functions and duties set forth in this subchapter.
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 .0619 - JUDICIAL COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The Judicial Committee of the Lawyer Assistance Program
					 Board shall implement a program of intervention for members of the judiciary
					 with substance abuse problems affecting their professional conduct. The
					 committee shall consist of at least two members of the state's judiciary. The
					 committee will be governed by the rules of the Lawyer Assistance Program Board
					 where applicable.
					 27 NCAC
					 01D .0616 and
					 01D .0617 of this Subchapter are
					 not applicable to the committee.
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 .0620 - REHABILITATION CONTRACTS FOR LAWYERS IMPAIRED BY SUBSTANCE ABUSE

Current through Register Vol. 39, No. 2, July 15, 2024
The board, or its duly authorized committee, has the
					 authority to enter into rehabilitation contracts with lawyers suffering from
					 substance abuse including contracts that provide for alcohol and/or drug
					 testing. Such contracts may include the following conditions among
					 others:
(a) that upon receipt of a
				  report of a positive alcohol or drug test for a substance prohibited under the
				  contract, the contract may be amended to include additional provisions
				  considered to be in the best rehabilitative interest of the lawyer and the
				  public; and
(b) that the lawyer
				  stipulates to the admission of any alcohol and/or drug-testing results into
				  evidence in any
in camera
proceeding brought under this
				  Section without the necessity of further authentication.
Authority
					 G.S.
					 84-22;
					 84-23;
Adopted Eff.
					 March 7, 1996;
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 .0621 - EVALUATIONS FOR SUBSTANCE ABUSE, ALCOHOLISM, AND/OR OTHER CHEMICAL ADDICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice of Need for Evaluation. The Lawyer
				  Assistance Program Board, or its duly authorized committee, may demand that a
				  lawyer obtain a comprehensive evaluation of his or her condition by an approved
				  addiction specialist if the lawyer's ability to practice law is apparently
				  being impaired by substance abuse, alcoholism and/or other chemical addictions.
				  This authority may be exercised upon recommendation of the director of the
				  lawyer assistance program and the approval of at least three members of the
				  board or appropriate committee, which shall include at least one person with
				  professional expertise in chemical addiction. Written notice shall be provided
				  to the lawyer informing the lawyer that the board has determined that an
				  evaluation is necessary and demanding that the lawyer obtain the evaluation by
				  a date set forth in the written notice.
(b) Failure to Comply. If the lawyer does not
				  obtain an evaluation, the director of the lawyer assistance program shall
				  obtain the approval of the chairperson of the board, or the chairperson of the
				  appropriate committee of the board, to file a motion to compel an evaluation
				  pursuant to the authority set forth in
				  G.S.
				  84-28(i) and (j) and in
				  accordance with the procedure set forth in Rule 35 of the North Carolina Rules
				  of Civil Procedure. All pleadings in such a proceeding shall be filed under
				  seal and all hearings shall be held
in camera
. Written notice
				  of the motion to compel an examination shall be served upon the lawyer in
				  accordance with the North Carolina Rules of Civil Procedure at least ten days
				  before the hearing on the matter.
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 .0622 - GROUNDS FOR COMPELLING AN EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
An order compelling the lawyer to obtain a comprehensive
					 evaluation by an addiction specialist may be issued if the board establishes
					 that the evaluation will assist the lawyer and the lawyer assistance program to
					 assess the lawyer's condition and any risk that the condition may present to
					 the public, and to determine an appropriate treatment for the
					 lawyer.
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 .0623 - FAILURE TO COMPLY WITH AN ORDER COMPELLING AN EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
If a lawyer fails to comply with an order compelling a
					 comprehensive evaluation by an addiction specialist, the board, or its duly
					 authorized committee, may file a contempt proceeding to be held
in
					 camera
. If the lawyer fails to comply with a contempt order, the
					 lawyer shall be deemed to have waived confidentiality respecting communications
					 made by the lawyer to the board or its committee. The board, or its duly
					 authorized committee, may seek further relief and may file motions or
					 proceedings in open court.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0701 - PURPOSE AND IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the Fee Dispute Resolution Program is to
					 help clients and lawyers settle disputes over fees. The Fee Dispute Resolution
					 Program will attempt to assist lawyers and clients in resolving disputes
					 concerning legal fees and expenses. The State Bar will implement the Fee
					 Dispute Resolution Program under the auspices of the Grievance Committee (the
					 committee) as part of the Attorney Client Assistance Program (ACAP). It will be
					 offered to clients and lawyers at no cost.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: February 3, 2000;
					 May 4, 2000; March 8, 2007; March 11, 2010; September 25,
					 2019.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0702 - JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The committee
				  has jurisdiction over a disagreement arising out of a client-lawyer
				  relationship concerning the fees and expenses charged or incurred for legal
				  services provided by a lawyer licensed to practice law in North Carolina.
(b) The committee does not have
				  jurisdiction over the following:
(1) a
				  dispute concerning fees or expenses established by a court, federal or state
				  administrative agency, federal or state official, or private arbitrator or
				  arbitrator panel;
(2) a dispute
				  over fees or expenses that are or were the subject of litigation or arbitration
				  unless
(i) a court, arbitrator, or
				  arbitration panel directs the matter to the State Bar for resolution,
(ii) both parties to the dispute
				  agree to dismiss the litigation or arbitration without prejudice and pursue
				  resolution through the State Bar's Fee Dispute Resolution program; or
(iii) litigation was commenced
				  pursuant to 27 N.C. Admin. Code 1D §.0707(a);
(3) a dispute between a lawyer and a service
				  provider, such as a court reporter or an expert witness;
(4) a dispute over fees or expenses that are
				  the subject of a pending Client Security Fund claim, or a Client Security Fund
				  claim that has been fully paid.
(5)
				  a dispute between a lawyer and a person or entity with whom the lawyer had no
				  client-lawyer relationship; and
(6)
				  a dispute concerning a fee charged for services provided by the lawyer that do
				  not constitute the practice of law.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0703 - COORDINATOR OF FEE DISPUTE RESOLUTION

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary-treasurer of the North Carolina State Bar
					 will designate a member of the staff to serve as coordinator of the Fee Dispute
					 Resolution Program. The coordinator will develop forms, maintain records, and
					 provide statistics on the Fee Dispute Resolution Program. The coordinator will
					 also develop an annual report to the council. The coordinator may also serve as
					 a facilitator.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amended Eff. March 11, 2010; March 8, 2007; May
					 4, 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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0704 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Fee Dispute Resolution Program is a subcommittee of the
					 Grievance Committee, which maintains all information in the possession of the
					 Fee Dispute Resolution Program. Pursuant to N.C. Gen. Stat. §
										84-32.1, documents in the
					 possession of the Fee Dispute Resolution Program are confidential and are not
					 public records.
Authority
					 G.S.
					 84-23;
Adopted Eff. March 11,
					 2010;
Amendments Approved by the Supreme Court: September 25,
					 2019.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0705 - SELECTION OF FACILITATORS

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary-treasurer of the North Carolina State Bar
					 will designate members of the State Bar staff to serve as
					 facilitators.
Authority
					 G.S.
					 84-23;
Adopted Eff. May 4,
					 2000;
Amended 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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0706 - POWERS AND DUTIES OF THE VICE-CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The vice-chairperson of the Grievance Subcommittee
					 overseeing ACAP, or his or her designee, who must be a councilor, will:
(a) approve or disapprove any recommendation
				  that an impasse be declared in any fee dispute; and
(b) refer to the Grievance Committee all
				  cases in which it appears that
(i) a lawyer
				  might have demanded, charged, contracted to receive or received an illegal or
				  clearly excessive fee or a clearly excessive amount for expenses in violation
				  of Rule 1.5 of the Rules of Professional Conduct; or
(ii) a lawyer might have failed to refund an
				  unearned portion of a fee in violation of Rule 1.5 the Rules of Professional
				  Conduct, or
(iii) a lawyer might
				  have violated one or more Rules of Professional Conduct other than or in
				  addition to Rule 1.5.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0707 - PROCESSING REQUESTS FOR FEE DISPUTE RESOLUTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  request for resolution of a disputed fee must be submitted in writing to the
				  coordinator of the Fee Dispute Resolution Program addressed to the North
				  Carolina State Bar, PO Box 25908, Raleigh, NC 27611. A lawyer is required by
				  Rule of Professional Conduct 1.5 to notify in writing a client with whom the
				  lawyer has a dispute over a fee (i) of the existence of the Fee Dispute
				  Resolution Program and (ii) that if the client does not file a petition for fee
				  dispute resolution within 30 days after the client receives such notification,
				  the lawyer will be permitted by Rule of Professional Conduct 1.5 to file a
				  lawsuit to collect the disputed fee. A lawyer may file a lawsuit prior to
				  expiration of the required 30-day notice period or after the petition is filed
				  by the client only if such filing is necessary to preserve a claim. If a lawyer
				  does file a lawsuit pursuant to the preceding sentence, the lawyer must not
				  take steps to pursue the litigation until the fee dispute resolution process is
				  completed. A client may request fee dispute resolution at any time before
				  either party files a lawsuit. The petition for resolution of a disputed fee
				  must contain:
(1) the names and addresses of
				  the parties to the dispute;
(2) a
				  clear and brief statement of the facts giving rise to the dispute;
(3) a statement that, prior to requesting fee
				  dispute resolution, a reasonable attempt was made to resolve the dispute by
				  agreement;
(4) a statement that the
				  subject matter of the dispute has not been adjudicated and is not presently the
				  subject of litigation.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0708 - SETTLEMENT CONFERENCE PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  coordinator will assign the case to a facilitator.
(b) The State Bar will send a letter of
				  notice to the respondent lawyer by certified mail notifying the respondent that
				  the petition was filed and notifying the respondent of the obligation to
				  provide a written response to the letter of notice, signed by the respondent,
				  within 15 days of service of the letter of notice upon the respondent, and
				  enclosing copies of the petition and of any relevant materials provided by the
				  petitioner.
(c) Within 15 days
				  after the letter of notice is served upon the respondent, the respondent must
				  provide a written response to the petition signed by the respondent. The
				  facilitator may grant requests for extensions of time to respond. The response
				  must be a full and fair disclosure of all the facts and circumstances
				  pertaining to the dispute. The response shall include all documents necessary
				  to a full and fair understanding of the dispute. The response shall not include
				  documents that are not necessary to a full and fair understanding of the
				  dispute. The facilitator will provide a copy of the response to the petitioner
				  unless the respondent objects in writing.
(d) The facilitator will conduct an
				  investigation.
(e) The facilitator
				  will conduct a telephone settlement conference. The facilitator may conduct the
				  settlement conference by conference call or by telephone calls between the
				  facilitator and one party at a time, depending upon which method the
				  facilitator believes has the greater likelihood of success.
(f) The facilitator will explain the
				  following to the parties:
(1) the procedure
				  that will be followed;
(2) the
				  differences between a facilitated settlement conference and other forms of
				  conflict resolution;
(3) that the
				  settlement conference is not a trial;
(4) that the facilitator is not a
				  judge;
(5) that participation in
				  the settlement conference does not deprive the parties of any right they would
				  otherwise have to pursue resolution of the dispute through the court system if
				  they do not reach a settlement;
(6)
				  the circumstances under which the facilitator may communicate privately with
				  any party or with any other person;
(7) whether and under what conditions private
				  communications with the facilitator will be shared with the other party or held
				  in confidence during the conference; and
(8) that any agreement reached will be
				  reached by mutual consent.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0709 - RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
The coordinator of fee dispute resolution will keep a
					 record of each request for fee dispute resolution. The record must contain the
					 following information:
(1) the
				  petitioner's name;
(2) the date the
				  petition was received;
(3) the
				  respondent's name;
(4) the district
				  in which the respondent resides or maintains a place of business;
(5) what action was taken on the petition
				  and, if applicable, how the dispute was resolved; and
(6) the date the file was closed.
Authority
					 G.S.
					 84-23;
Adopted Eff. May 4,
					 2000;
Amendments Approved by the Supreme Court: March 11, 2010;
					 September 25, 2019.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0710 - REPEALED - DISTRICT BAR FEE DISPUTE RESOLUTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 84-23;
Adopted Eff. May 4,
					 2000;
Amended Eff. March 11, 2010;
Repealed Eff.
					 September 25, 2019.
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 .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION › Section 01D .0711 - DISTRICT BAR SETTLEMENT CONFERENCE PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 84-23;
Adopted Eff. March 11,
					 2010;
Repealed Eff. September 25,
					 2019.
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 .0900 - PROCEDURES FOR THE ADMINISTRATIVE COMMITTEE › Section 01D .0901 - TRANSFER TO INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Petition for
				  Transfer to Inactive Status
Any member who desires to be transferred to inactive status
					 shall file a petition with the secretary addressed to the council setting forth
					 fully
(1) the member's name and
				  current address;
(2) the date of
				  the member's admission to the North Carolina State Bar;
(3) the reasons why the member desires
				  transfer to inactive status;
(4)
				  that at the time of filing the petition the member is in good standing having
				  paid all membership fees, Client Security Fund assessments, late fees and costs
				  assessed by the North Carolina State Bar, as well as all past due fees, fines
				  and penalties owed to the Board of Continuing Legal Education and without any
				  grievances or disciplinary complaints pending against him or her;
(5) any other matters pertinent to the
				  petition.
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 .0900 - PROCEDURES FOR THE ADMINISTRATIVE COMMITTEE › Section 01D .0903 - SUSPENSION FOR FAILURE TO FULFILL OBLIGATIONS OF MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Procedure for Enforcement of Obligations
				  of Membership. Whenever a member of the North Carolina State Bar fails to
				  fulfill an obligation of membership in the State Bar, whether established by
				  the administrative rules of the State Bar or by statute, the member shall be
				  subject to administrative suspension from membership pursuant to the procedure
				  set forth in this rule; provided, however, that the procedures for the
				  investigation of and action upon alleged violations of the Rules of
				  Professional Conduct by a member are set forth in subchapter 01B of these rules
				  and that no aspect of any procedure set forth in this rule shall be applicable
				  to the State Bar's investigation of or action upon alleged violations of the
				  Rules of Professional Conduct by a member.
(1)
				  The following are examples of obligations of membership that will be enforced
				  by administrative suspension. This list is illustrative and not exclusive:
(A) Payment of the annual membership fee,
				  including any associated late fee as set forth in
				  G.S.
				  84-34;
(B) Payment of the annual Client Security
				  Fund assessment;
(C) Payment of the
				  costs of a disciplinary, disability, reinstatement, show cause, or other
				  proceeding of the State Bar as ordered by the chair of the Grievance Committee,
				  the Disciplinary Hearing Commission, the secretary, or the council;
(D) Filing of a pro hac vice registration
				  statement as required in Rule .0101 of subchapter 01H of these rules;
				  and
(E) Filing of an annual report
				  form and attending continuing legal education activities as required by
				  Sections .1500 and .1600 of subchapter 01D of these rules.
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 .0900 - PROCEDURES FOR THE ADMINISTRATIVE COMMITTEE › Section 01D .0904 - REINSTATEMENT FROM SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Compliance Within 30 Days of Service of Suspension Order.
A member who receives an order of suspension for failure to
					 comply with an obligation of membership may preclude the order from becoming
					 effective and shall not be required to file a formal reinstatement petition or
					 pay the reinstatement fee if the member shows within 30 days after service of
					 the suspension order that the member has done the following:
(1) fulfilled the obligations of membership
				  set forth in the order;
(2) paid
				  the administrative fees associated with the issuance of the suspension order,
				  including the costs of service;
(3)
				  paid any other delinquency shown on the financial records of the State Bar
				  including outstanding judicial district bar dues;
(4) signed and filed CLE annual report forms
				  as required by Rule .1522 of this subchapter;
(5) completed CLE hours as required by Rules
				  .1518 and .1522 of this subchapter; and
(6) filed any IOLTA certification required by
				  Rule .1319 of this subchapter.
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 .0900 - PROCEDURES FOR THE ADMINISTRATIVE COMMITTEE › Section 01D .0905 - PRO BONO PRACTICE BY OUT OF STATE LAWYERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  lawyer licensed to practice in another state but not North Carolina who desires
				  to provide legal services free of charge to indigent persons may file a
				  petition with the secretary addressed to the council setting forth:
(1) the petitioner's name and
				  address;
(2) the state(s) in which
				  the petitioner is or has been licensed and the date(s) when the petitioner was
				  licensed;
(3) the name of a member
				  who is employed by a nonprofit corporation qualified to render legal services
				  pursuant to
				  G.S.
				  84-5.1 and has agreed to supervise the
				  petitioner; and
(4) any other
				  matters pertinent to the petition as determined by the council.
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1001 - REINSTATEMENT HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Notice: Time and Place of Hearing:
(1) Time
				  and Place of Hearing. The chairperson of the Administrative Committee shall fix
				  the time and place of the hearing within 30 days after the member's request for
				  hearing is filed with the secretary. The hearing shall be held as soon as
				  practicable after the request for hearing is filed but in no event more than 90
				  days after such request is filed unless otherwise agreed by the member and the
				  chairperson of the committee.
(2)
				  Notice to Member. The notice of the hearing shall include the date, time and
				  place of the hearing and shall be served upon the member at least 10 days
				  before the hearing date.
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1002 - REVIEW AND ORDER OF COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Review
				  by Council of Recommendation of Hearing Panel.
(1) Record to Council:
(A) Compilation of Record. The member will
				  compile a record of the proceedings before the hearing panel, including a
				  legible copy of the complete transcript, all exhibits introduced into evidence
				  and all pleadings, motions and orders, unless the member and counsel agree in
				  writing to shorten the record. Any agreements regarding the record shall be
				  included in the record transmitted to the council.
(B) Transmission of Record to Council. The
				  member shall provide a copy of the record to the counsel not later than 90 days
				  after the hearing unless an extension is granted by the president of the State
				  Bar for good cause shown. The member will transmit a copy of the record to each
				  member of the council no later than 30 days before the council meeting at which
				  the petition is to be considered.
(C) Costs. The member shall bear all of the
				  costs of transcribing, copying, and transmitting the record to the members of
				  the council.
(D) Dismissal for
				  Failure to Comply. If the member fails to comply fully with any of the
				  provisions of this Rule, the counsel may file a motion the secretary to dismiss
				  the petition.
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1003 - REFERRAL FROM THE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
When the board refers a matter to the council for
					 determination after a hearing by the committee, the board shall transmit to the
					 committee:
(1) a notice of referral
				  from the board to the committee, clearly identifying the member whose license
				  is in question and the nature of the matter being referred;
(2) copies of all relevant written materials
				  accumulated or created by the board;
(3) copies of all written materials submitted
				  to the board by the member whose license is in questions;
(4) a written statement of the board's
				  findings and determinations in the matter that is being referred.
Authority
					 G.S.
					 84-23; Order of the NC Supreme Court, dated
					 October 7, 1987, 318 N.C. 711;
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1004 - TIME OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
A matter referred to the committee for hearing shall be
					 heard not less than 30 days and not more than 90 days after the date the notice
					 of referral is received from the board by the committee.
Authority
					 G.S.
					 84-23; Order of the NC Supreme Court, dated
					 October 7, 1987, 318 N.C. 711;
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1005 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Time
				  of Notice to Member - A member with respect to whom a matter has been referred
				  for hearing shall receive notice of the hearing at least 20 days prior to the
				  hearing.
(b) Service of Notice on
				  Member - The notice of hearing shall be served on the member by registered
				  mail.
(c) Content of Notice to
				  Member - The notice of the hearing shall include:
(1) notice of the date, time, and place of
				  the hearing;
(2) notice to the
				  member that he or she may submit for consideration written materials, including
				  a written statement of explanation, at any time prior to or during the
				  hearing;
(3) notice to the member
				  that he or she may personally appear and be heard during the hearing;
(4) notice to the member that he or she may
				  be represented by counsel at the hearing.
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1006 - THE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Nature
				  of Inquiry: Suspension - When the matter being heard involves the question of
				  whether a member's license shall be suspended for noncompliance, the purpose of
				  the hearing shall be to determine, as a matter of fact:
(1) whether the member was in compliance with
				  the requirements of the rules at the time the board made its
				  determination;
(2) if the member
				  was not in compliance, whether there is good cause why his or her license
				  should not be suspended.
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1007 - THE PANEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Assignment of
				  Matter to Panel - A matter referred by the board for hearing and determination
				  shall be assigned to a panel for hearing.
(b) Members of the Panel - A hearing panel
				  shall consist of three members of the committee.
(c) Designation of Members - The members of a
				  hearing panel shall be designated by the chairperson of the
				  committee.
(d) Designation of
				  Presiding Member - The chairperson of the committee shall designate one of the
				  three members of a panel to serve as the presiding member.
(e) Duties of Presiding Member - The
				  presiding member shall:
(1) timely schedule
				  the hearing;
(2) assure that proper
				  and timely notice of hearing is given to the member and the board;
(3) preside at the hearing and rule on any
				  question of procedure that may arise;
(4) preside at the deliberations of the
				  panel;
(5) sign the written
				  determinations and recommendations of the panel;
(6) report the panel's determinations and
				  recommendations to the committee.
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 .1000 - RULES GOVERNING REINSTATEMENT HEARINGS BEFORE THE ADMINISTRATIVE COMMITTEE › Section 01D .1008 - SUSPENSION HEARING: PROCESS FOR DETERMINING A MATTER INVOLVING THE QUESTION OF SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
When the matter before the panel is one involving the
					 question of whether a member shall be suspended for failing to comply with the
					 requirements of the rules, the panel shall proceed as follows:
(1) Examination for Basis for Noncompliance
				  Determination - The panel first shall examine the written information
				  transmitted by the board to the committee, and shall determine whether that
				  information provides a basis for the board's determination that the member had
				  failed to comply with the requirements of the rules at the time the board made
				  its determination.
(2) When There
				  Is No Basis for Noncompliance Determination - If the written information from
				  the board provides no basis for a determination of noncompliance, the panel
				  shall determine that the member is in compliance and shall report to the
				  committee a recommendation that the member not be suspended.
(3) When There Is Some Basis for
				  Noncompliance Determination - If the written information from the board
				  provides some basis for a determination of noncompliance, the panel then shall
				  consider all information submitted to the panel or to the board by the member
				  bearing on the issue of whether the member was in compliance with the
				  requirements of the rules at the time the board made its
				  determination.
(4) Assessing the
				  Information on the Issue of Compliance:
(a)
				  Based on all the information before it, the panel shall determine whether it is
				  persuaded that the member was not in compliance with the requirements of the
				  rules at the time the board made its determination.
(b) In assessing the information on
				  compliance, when the board's determination of noncompliance is based upon its
				  finding that credits essential to compliance were acquired in a course or
				  program that was not properly accredited or approved, the panel shall give that
				  finding and any rebuttal information from the member the consideration
				  described in Rule .1006(f) of this Section.