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 .1700 - THE PLAN OF LEGAL SPECIALIZATION › Section 01D .1718 - PRIVILEGES CONFERRED AND LIMITATIONS IMPOSED

Current through Register Vol. 39, No. 2, July 15, 2024
The board in the implementation of this plan shall not
					 alter the following privileges and responsibilities of certified specialists
					 and other lawyers.
(1) No standard
				  shall be approved which shall in any way limit the right of a certified
				  specialist to practice in all fields of law. Subject to the Rules of
				  Professional Conduct, any lawyer, alone or in association with any other
				  lawyer, shall have the right to practice in all fields of law, even though he
				  or she is certified as a specialist in a particular field of law.
(2) No lawyer shall be required to be
				  certified as a specialist in order to practice in the field of law covered by
				  that specialty. Subject to the Rules of Professional Conduct, any lawyer, alone
				  or in association with any other lawyer, shall have the right to practice in
				  any field of law, or advertise his or her availability to practice in any field
				  of law consistent with the Rules of Professional Conduct, even though he or she
				  is not certified as a specialist in that field.
(3) All requirements for and all benefits to
				  be derived from certification as a specialist are individual and may not be
				  fulfilled by nor attributed to the law firm of which the specialist may be a
				  member.
(4) Participation in the
				  program shall be on a completely voluntary basis.
(5) A lawyer may be certified as a specialist
				  in no more than two fields of law.
(6) When a client is referred by another
				  lawyer to a lawyer who is a recognized specialist under this plan on a matter
				  within the specialist's field of law, such specialist shall not take advantage
				  of the referral to enlarge the scope of his or her representation and,
				  consonant with any requirements of the Rules of Professional Conduct, such
				  specialist shall not enlarge the scope of representation of a referred client
				  outside the area of the specialty field.
(7) Any lawyer certified as a specialist
				  under this plan shall be entitled to advertise that he or she is a "Board
				  Certified Specialist" in his or her specialty to the extent permitted by the
				  Rules of Professional Conduct.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: December 14,
					 2021.
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 .1722 - ESTABLISHMENT OF ADDITIONAL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
The board may establish, on its own initiative or upon the
					 specialty committee's recommendation, additional or more stringent standards
					 for certification than those provided in Rules .1720 and .1721 of this Section.
					 Additional standards or requirements established under this Rule need not be
					 the same for initial certification and continued certification as a specialist.
					 It is the intent of the plan that all requirements for certification or
					 recertification in any area of specialty shall be no more or less stringent
					 than the requirements in any other area of specialty.
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 .1700 - THE PLAN OF LEGAL SPECIALIZATION › Section 01D .1724 - RIGHT TO HEARING AND APPEAL TO COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer who is denied certification or continued
					 certification as a specialist or whose certification is suspended or revoked
					 shall have the right to a hearing before the board and, thereafter, the right
					 to appeal the ruling made thereon by the board to the council under such rules
					 and regulations as the board and council may prescribe. (See Section .1800 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 .1700 - THE PLAN OF LEGAL SPECIALIZATION › Section 01D .1725 - AREAS OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
There are hereby recognized the following
					 specialties:
(1) bankruptcy law
(a) consumer bankruptcy law
(b) business bankruptcy 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 .1700 - THE PLAN OF LEGAL SPECIALIZATION › Section 01D .1726 - CERTIFICATION STANDARDS OF THE SPECIALTIES OF BANKRUPTCY LAW, ESTATE PLANNING AND PROBATE LAW, REAL PROPERTY LAW, FAMILY LAW, AND CRIMINAL LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Previous decisions approving the certification standards
					 for the areas of specialty listed above are hereby
					 reaffirmed.
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 .1700 - THE PLAN OF LEGAL SPECIALIZATION › Section 01D .1727 - INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Petition for
				  Inactive Status. The board may transfer a certified specialist to inactive
				  status upon receipt of a petition, on a form approved by the board,
				  demonstrating that the petitioner satisfies the following conditions:
(1) Certified for five years or
				  more;
(2) Special circumstances
				  unique to the specialist constituting undue hardship or other reasonable basis
				  for exempting the specialist from the substantial involvement standard for
				  continued certification; including, but not limited to, marriage to active-duty
				  military personnel requiring frequent relocation, active duty in the military
				  reserves, disability lasting a total of six months or more over a 12-month
				  period of time, and illness of an immediate family member requiring leaves of
				  absence from work in excess of six months or more over a 12-month period of
				  time; and
(3) Discontinuation of
				  all representations of specialist certification in all communications about the
				  lawyer's practice.
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 .1800 - HEARING AND APPEAL RULES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1801 - INCOMPLETE APPLICATIONS; RECONSIDERATION OF APPLICATIONS REJECTED BY SPECIALTY COMMITTEE; AND RECONSIDERATION PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Incomplete Applications. The executive
				  director of the North Carolina State Bar Board of Legal Specialization (the
				  board) will review every application to determine if the application is
				  complete. An application is incomplete if it does not include complete answers
				  to every question on the application and copies of all documents requested on
				  the application. The applicant will be notified in writing if an application is
				  incomplete. The applicant must submit the information necessary to complete the
				  application within 21 days of the date of the notice. If the applicant fails to
				  provide the required information during the requisite time period, the
				  executive director will return the application to the applicant together with a
				  refund of the application fee less a fifty dollar ($50.00) administrative fee.
				  The decision of the executive director to reject an application as incomplete
				  is final unless the applicant shows good cause for an extension of time to
				  provide the required information. This provision does not apply to an
				  application with respect to which fewer than five completed peer review forms
				  have been timely filed with the board.
(b) Denial of Application by Specialty
				  Committee. The executive director shall refer all complete applications to the
				  specialty committee for review for compliance with the standards for
				  certification in the specialty area for which certification is sought.
After reviewing the applications, the specialty committee
					 shall recommend to the board the acceptance or rejection of the applications.
					 The specialty committee shall notify the board of its recommendations in
					 writing and the reason for any negative recommendation must be
					 specified.
(1) Notification to
				  Applicant of the Specialty Committee's Action. The executive director shall
				  promptly notify the applicant in writing of the specialty committee's
				  recommendation of rejection of the application and the board's intention to act
				  in accordance with the committee's recommendation. The notification must
				  specify the reason for the recommendation of rejection of the application and
				  shall inform the applicant of the right to petition pursuant to paragraph (c)
				  of this rule for reconsideration of the recommendation of the specialty
				  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 .1800 - HEARING AND APPEAL RULES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1804 - APPEAL TO THE COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Appealable Decisions. An appeal may be taken to the council from a decision of
				  the board which denies an applicant certification (i.e., when an applicant's
				  application has been rejected because it is not in compliance with the
				  standards for certification or when an applicant fails the written specialty
				  examination), denies an applicant continued certification as a specialist, or
				  suspends or revokes a specialist's certification. The rejection of an
				  application because it is incomplete shall not be appealable.
(b) Filing the Appeal. An appeal from a
				  decision of the board as described in Paragraph (a) may be taken by filing with
				  the executive director of the North Carolina State Bar (the State Bar) a
				  written notice of appeal not later than 21 days after the date of the notice of
				  the board's decision to the applicant who is denied certification or continued
				  certification or to a lawyer whose certification is suspended or
				  revoked.
(c) Appeal Procedure. The
				  appeal to the council shall be under such rules and regulations as the council
				  may prescribe.
(d) Scope of Review.
				  Review by the council shall be limited to whether the applicant was provided
				  with procedural rights and whether the board, or the reconsideration panel
				  where applicable, applied the correct procedural standards and State Bar rules
				  in rendering its decision. The applicant shall have the burden of making a
				  clear and convincing showing of arbitrary, capricious, or fraudulent denial of
				  procedural rights or misapplication of the procedural standards or State Bar
				  rules.
(e) Notice of the Council's
				  Decision. The applicant shall receive written notice of the council's
				  decision.
(f) Costs. The council
				  may tax the costs attributable to the proceeding against the
				  applicant.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22, 2016;
					 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 .1800 - HEARING AND APPEAL RULES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1805 - JUDICIAL REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Appeals - The
				  appellant or the board may appeal from an adverse ruling by the
				  council.
(b) Wake County Superior
				  Court - All appeals from the council shall lie to the Wake County Superior
				  Court. [See N.C. State Bar v. Du Mont, 304 N.C. 627, 286 S.E.2d 89
				  (1982).]
(c) Judicial Review
				  Procedures - Article 4 of G.S. 150B shall be complied with by all parties
				  relative to the procedures for judicial review of the council's
				  decision.
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 .1800 - HEARING AND APPEAL RULES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1806 - ADDITIONAL RULES PERTAINING TO HEARING AND APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Notices. Every notice required by these rules shall be deemed sufficient if
				  sent to the applicant at the address listed on the applicant's last application
				  to the board or the address in the official membership records of the State
				  Bar.
(b) Expenses Related to
				  Hearings and Appeals. In its discretion, the board may direct that the
				  necessary expenses incurred in any investigation, processing, and hearing of
				  any matter to the board or appeal to the council be paid by the board or appeal
				  to the council be paid by the board. However, all expenses related to travel to
				  any hearing or appeal for the applicant, his or her attorney, and witnesses
				  called by the applicant shall be paid by the applicant.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1901 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  applicant for certification in a specialty field must make a satisfactory
				  showing of the requisite number of hours of continuing legal education (CLE) in
				  the specialty field for each of the last three years prior to application in
				  accord with the standards adopted by the board in the field. In no event will
				  the number of hours be less than an average of 12 hours per year. The average
				  number of hours is computed by adding all hours of continuing legal education
				  credits in the field for three years and dividing by three.
(b) An applicant for continued certification
				  must make a satisfactory showing of the requisite number of hours of continuing
				  legal education (CLE) in the specialty field for each of the five years of
				  certification in accord with the standards adopted by the board in the field.
				  In no event will the number of hours be less than an average of 12 hours per
				  year. The average number of hours is computed by adding all hours of continuing
				  legal education credits in the field for the five years and dividing by
				  five.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1902 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicant - The
				  person applying for certification or continued certification of
				  specialization.
(b) Board - The
				  North Carolina State Bar Board of Legal Specialization.
(c) Committee - The specialty committee
				  appointed by the board in the applicant's specialty field.
(d) Sponsor - An organization offering
				  continuing legal education courses for attendance by attorneys.
(e) Accredited Sponsor - A sponsor which has
				  demonstrated to the satisfaction of the board that the continuing legal
				  education programs offered by it meet the accreditation standards on a
				  continuing basis warranting a presumption of accreditation.
(f) Accreditation - A determination by the
				  board that the continuing legal education activities further the professional
				  competence of the applicant and a certain number of hours of continuing legal
				  education credit should be awarded for participation in the continuing legal
				  education activity.
(g) Continuing
				  Legal Education (CLE) - Attendance at lecture-type instruction meeting the
				  standards in Rule .1903 of this Section or participation in alternative
				  activities described in Rule .1905 of this Section.
(h) Specialty Field - An area of the law as
				  defined by the board in which the board certifies specialists.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1903 - ACCREDITATION STANDARDS FOR LECTURE-TYPE CLE ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The CLE activity shall have significant
				  intellectual or practical content and the primary objective shall be to
				  increase the participant's professional competence in the applicant's specialty
				  field.
(b) The CLE activity shall
				  constitute an organized program of learning dealing with matters directly
				  related to the practice of law, professional responsibility, or ethical
				  obligations of lawyers in the applicant's specialty field.
(c) The CLE activity may be live; prerecorded
				  in audio or video format; simultaneously broadcast by telephone, satellite,
				  live web streaming (webcasting), or video conferencing; or online. A
				  prerecorded audio or video CLE activity must comply with the minimum
				  registration and verification of attendance requirements in Rule .1604(d) of
				  this chapter.
(d) Continuing legal
				  education materials are to be prepared and activities conducted by an
				  individual or group qualified by practical or academic experience in a setting
				  suitable to the educational activity of the program.
(e) Except when not suitable or readily
				  available because of the topic or the nature of the lecture, thorough, high
				  quality, and carefully prepared written materials shall be provided to all
				  attendees prior to or at the time the instruction is presented. Absence of
				  materials should be the exception and not the rule.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. September 24,
					 2015.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1904 - COMPUTATION OF HOURS OF INSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Hours
				  of CLE will be computed by adding the number of minutes of actual instruction,
				  dividing by 60 and rounding the results to the nearest one-tenth of an
				  hour.
(b) Only actual instruction
				  will be included in computing the total hours of actual instruction. The
				  following will be excluded:
(1) introductory
				  remarks;
(2) breaks;
(3) business meetings;
(4) keynote speeches or speeches in
				  connection with meals;
(5) question
				  and answer sessions in excess of 15 minutes per hour of instruction;
(6) programs of less than 60 minutes in
				  length.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1905 - ALTERNATIVES TO LECTURE-TYPE CLE COURSE INSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Teaching - Preparation and presentation of written materials at an accredited
				  CLE course will qualify for CLE credit at the rate of six hours of credit for
				  each hour of presentation as computed under Rule .1904 of this Subchapter. In
				  the case of joint preparation and/or presentation, each preparer and presenter
				  will receive a proportionate share of the total credit available. Repeat
				  presentations of substantially the same materials will qualify for one-half the
				  credit available for the initial presentation. Instruction at an academic
				  institution will qualify for three hours of CLE credit per semester hour taught
				  in the specialty field.
(b)
				  Publication - Publication of a scholarly article in the applicant's specialty
				  field will qualify for CLE credit in the discretion of the specialty committee,
				  subject to board approval, based on a review of the article, its content, and
				  its quality. No more than ten hours of credit will be given for a single
				  article.
(c) Self-study - An
				  individual may review video or audio tapes or manuscripts of lectures from
				  qualified CLE courses, which lectures would meet the accreditation standards in
				  Rule .1903 of this Subchapter and receive credit according to the computation
				  of hours in Rule .1904 of this Subchapter provided that no more than two hours
				  per year of self-study shall qualify to meet the CLE requirements for
				  certification or recertification.
(d) Advanced degrees - Attendance at courses
				  of instruction at a law school which can be credited toward the earning of an
				  advanced degree in the specialty field of the applicant will qualify for one
				  hour of CLE credit per semester hour taken if attained in the required period
				  prior to application for certification or recertification.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 5, 2009; March 7,
					 1996.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1906 - ACCREDITATION OF COURSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  courses offered by an accredited sponsor which relate to the specialty field as
				  defined by the board shall be accredited and credit for attendance shall be
				  given for the hours of instruction related to the specialty field of the
				  applicant as determined by the board.
(b) The applicant shall make a showing that
				  any course for which the applicant desires CLE credit offered by a sponsor not
				  on the accredited sponsor list meets the accreditation standards of Rule .1903
				  of this Section. The board will then determine the number of hours of credit
				  based upon the standards of Rule .1904 of this Section.
(c) An accredited sponsor may not represent
				  or advertise that a CLE course is approved or that the attendees will be given
				  CLE credit by the board unless such sponsor provides a brochure or other
				  appropriate information describing the topics, hours of instruction, and
				  instructors for its CLE offerings in a specialty field at least 30 days in
				  advance of the date of the course.
(d) An unaccredited sponsor desiring advance
				  accreditation of a course and the right to designate its accreditation for the
				  appropriate number of CLE credits in its solicitations shall submit a brochure
				  or other appropriate information describing the topics, hours of instruction,
				  location, and instructors for its CLE offerings at least 60 days prior to the
				  date of the course.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. October 1,
					 2003.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1907 - ACCREDITATION OF SPONSOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following is the list of accredited sponsors:
(1) North Carolina Bar Foundation;
(2) North Carolina Academy of Trial
				  Lawyers;
(3) Wake Forest University
				  Continuing Legal Education;
(4)
				  University of North Carolina at Chapel Hill Continuing Legal
				  Education;
(5) Duke University
				  School of Law Continuing Legal Education;
(6) Norman Adrian Wiggins School of Law
				  Continuing Legal Education;
(7)
				  Middle District Bankruptcy Seminar;
(8) UCB Estate Planning and Taxation
				  Seminar;
(9) any member of the
				  Association of Continuing Legal Education Administrators;
(10) University of Miami School of
				  Law;
(11) any of the following
				  groups: American Bar Association, American College of Probate Counsel, American
				  College of Trial Counsel, American patent Law Association, Association of
				  American Law Schools, Association of Life Insurance Counsel, Conference of
				  Chief Justices, Council on Legal Education for Professional Responsibility,
				  Inc., Federal Bar Association, Federal Communications Bar Association, Judge
				  Advocates Association, Maritime Law Association of the United States, National
				  Association of Attorneys General, National Association of Bar Executives,
				  National Association of Bar Presidents, National Association of Bar Counsel,
				  National Association of Women Lawyers, National Bar Association, National
				  Conference of Bar Examiners, National Conference of Commissioners on Uniform
				  State Laws, National Conference of Judicial Councils, National District
				  Attorneys Association, and National Legal Aid and Defender
				  Association.
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 .1900 - RULES CONCERNING THE ACCREDITATION OF CONTINUING LEGAL EDUCATION FOR THE PURPOSES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1908 - SHOWING BY APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Every applicant will list each type of CLE activity under
					 each of the following categories:
(1)
				  attendance at CLE instruction offered by an accredited sponsor. The course
				  name, sponsor, and number of hours of CLE shall be listed by the
				  applicant;
(2) attendance at CLE
				  instruction offered by a sponsor not on the accredited sponsor list or not
				  given advanced approval by the board under Rule .1906 of this Section. A fee of
				  five dollars ($5.00) per course will be charged for accrediting each course
				  listed by the applicant offered by a sponsor not on the accredited sponsor list
				  or not given advanced approval under Rule .1906(d) of this Section. The course
				  name, sponsor, and number of hours of CLE shall be listed by the
				  applicant;
(3) participation as an
				  instructor at a CLE course. The course name, sponsor, and number of hours of
				  instruction or preparation shall be stated by the applicant;
(4) publication of a scholarly article. A
				  copy of the publication shall accompany the application;
(5) self-study. A description of the
				  materials used, the dates of use, the number of hours claimed, and the source
				  from which they were obtained shall accompany the application.
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 .2000 - RULES OF THE BOARD OF LEGAL SPECIALIZATION FOR APPROVAL OF INDEPENDENT CERTIFYING ORGANIZATIONS › Section 01D .2001 - POLICY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
These guidelines for reviewing independent organizations
					 which certify lawyers as specialists are designed to thoroughly evaluate the
					 purpose and function of such certifying organizations and the procedures they
					 use in their certification processes. These guidelines are not meant to be
					 exclusive, but to provide a framework in which certifying organizations can be
					 evaluated. The aim of this evaluation is to provide consumers of legal services
					 a means of access to lawyers who are qualified in particular fields of
					 law.
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 .2000 - RULES OF THE BOARD OF LEGAL SPECIALIZATION FOR APPROVAL OF INDEPENDENT CERTIFYING ORGANIZATIONS › Section 01D .2002 - GENERAL PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
As contemplated in Rule 2.5 of the North Carolina Rules of
					 Professional Conduct, the North Carolina State Bar, through its Board of Legal
					 Specialization (the board), shall, upon the filing of a completed application
					 and the payment of any required fee, review the standards and procedures of any
					 organization which certifies lawyers as specialists and desires the approval of
					 the North Carolina State Bar. The board shall prepare an application form to be
					 used by certifying organizations and shall administer the application
					 process.
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 .2000 - RULES OF THE BOARD OF LEGAL SPECIALIZATION FOR APPROVAL OF INDEPENDENT CERTIFYING ORGANIZATIONS › Section 01D .2003 - FACTORS TO BE CONSIDERED IN REVIEWING CERTIFYING ORGANIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose of the Organization - The stated
				  purposes for the original formation of the organization and any subsequent
				  changes in those purposes shall be examined to determine whether the
				  organization is dedicated to the maintenance of professional
				  competence.
(b) Background of the
				  Organization - The length of time the organization has been in existence,
				  whether the organization is a successor of another, the requirements for
				  membership in the organization, the number of members which the organization
				  has, the business structure under which the organization operates, and the
				  professional qualifications of the individuals who direct the policies and
				  operations of the organization shall be examined to determine whether the
				  organization is a bona fide certifying organization.
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 .2000 - RULES OF THE BOARD OF LEGAL SPECIALIZATION FOR APPROVAL OF INDEPENDENT CERTIFYING ORGANIZATIONS › Section 01D .2005 - APPLICATION PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  organization may file an application seeking approval of the organization by
				  the board. Applications shall be on forms available from and approved by the
				  board. The application fee shall be one thousand dollars ($l,000.00).
(b) The organization which has been approved
				  shall provide its standards, definitions and/or certifying procedures to the
				  board in January of each year and must pay an annual administrative fee of one
				  hundred dollars ($100.00) to maintain its approved status.
(c) When the board determines that an
				  approved certifying organization has ceased to exist, has ceased to operate its
				  certification program in the manner described in its application, or has failed
				  to comply with the requirements of Rule .2005(b) above, its approved status
				  shall be revoked. After such a revocation, no North Carolina lawyer may
				  publicize a certification from the organization in question.
(d) The appeal procedures of the board shall
				  apply to any application by an organization for approval as a certifying
				  organization and any decision to revoke a certifying organization's approved
				  status.
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 .2000 - RULES OF THE BOARD OF LEGAL SPECIALIZATION FOR APPROVAL OF INDEPENDENT CERTIFYING ORGANIZATIONS › Section 01D .2006 - EFFECT OF APPROVAL OF A CERTIFYING ORGANIZATION BY THE BOARD OF LEGAL SPECIALIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
When an organization is approved as a certifying
					 organization by the board, any North Carolina lawyer certified as a specialist
					 by that organization may publicize that certification.
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 .2100 - CERTIFICATION STANDARDS FOR THE REAL PROPERTY LAW SPECIALTY › Section 01D .2101 - ESTABLISHMENT OF SPECIALTY FIELD

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar Board of Legal Specialization
					 (the board) hereby designates real property law, including the subspecialties
					 of real property-residential transactions and real property-business,
					 commercial, and industrial transactions as a field of law for which
					 certification of specialists under the North Carolina Plan of Legal
					 Specialization (see Section .1700 of this subchapter) is
					 permitted.
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 .2100 - CERTIFICATION STANDARDS FOR THE REAL PROPERTY LAW SPECIALTY › Section 01D .2102 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
The specialty of real property law is the practice of law
					 dealing with real property transactions, including title examination, property
					 transfers, financing, leases, and determination of property rights.
					 Subspecialties in the field are identified and defined as follows:
(1) Real Property Law-Residential
				  Transactions - The practice of law dealing with the acquisition, ownership,
				  leasing, financing, use, transfer and disposition, of residential real property
				  by individuals;
(2) Real Property
				  Law-Business, Commercial, and Industrial Transactions - The practice of law
				  dealing with the acquisition, ownership, leasing, management, financing,
				  development, use, transfer, and disposition of residential, business,
				  commercial, and industrial real property.
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 .2100 - CERTIFICATION STANDARDS FOR THE REAL PROPERTY LAW SPECIALTY › Section 01D .2103 - RECOGNITION AS A SPECIALIST IN REAL PROPERTY LAW

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer may qualify as a specialist by meeting the
					 standards set for one or both of the subspecialties. If a lawyer qualifies as a
					 specialist in real property law by meeting the standards set for the real
					 property law-residential transactions subspecialty, the lawyer shall be
					 entitled to represent that he or she is a "Board Certified Specialist in Real
					 Property Law-Residential Transactions." If a lawyer qualifies as a specialist
					 in real property law by meeting the standards set for the real property
					 law-business, commercial, and industrial transactions, the lawyer shall be
					 entitled to represent that he or she is a "Board Certified Specialist in Real
					 Property Law-Business, Commercial, and Industrial Transactions." If a lawyer
					 qualifies as a specialist in real property law by meeting the standards set for
					 both the real property law-residential transactions subspecialty and the real
					 property law-business, commercial, and industrial transactions subspecialty,
					 the lawyer shall be entitled to represent that he or she is a "Board Certified
					 Specialist in Real Property Law-Residential, Business, Commercial and
					 Industrial Transactions."
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 .2100 - CERTIFICATION STANDARDS FOR THE REAL PROPERTY LAW SPECIALTY › Section 01D .2104 - APPLICABILITY OF PROVISIONS OF THE NORTH CAROLINA PLAN OF LEGAL SPECIALIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Certification and continued certification of specialists in
					 real property law shall be governed by the provisions of the North Carolina
					 Plan of Legal Specialization (see Section .1700 of this subchapter) as
					 supplemented by these standards for certification.
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 .2100 - CERTIFICATION STANDARDS FOR THE REAL PROPERTY LAW SPECIALTY › Section 01D .2105 - STANDARDS FOR CERTIFICATION AS A SPECIALIST IN REAL PROPERTY LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for certification as a specialist in real
					 property law shall meet the minimum standards set forth in Rule .1720 of this
					 subchapter. In addition, each applicant shall meet the following standards for
					 certification in real property law:
(1) Licensure and Practice - An applicant
				  shall be licensed and in good standing to practice law in North Carolina as of
				  the date of application. An applicant shall continue to be licensed and in good
				  standing to practice law in North Carolina during the period of
				  certification.
(2) Substantial
				  Involvement - An applicant shall affirm to the board that the applicant has
				  experience through substantial involvement in the practice of real property
				  law.
(a) Substantial involvement shall mean
				  during the five years preceding the application, the applicant has devoted an
				  average of at least 500 hours a year to the practice of real property law, but
				  not less than 400 hours in any one year.
(b) Practice shall mean substantive legal
				  work done primarily for the purpose of legal advice or representation, or a
				  practice equivalent.
(c) Practice
				  equivalent means service as a law professor concentrating in the teaching of
				  real property law. Teaching may be substituted for one year of experience to
				  meet the five-year requirement.
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 .2100 - CERTIFICATION STANDARDS FOR THE REAL PROPERTY LAW SPECIALTY › Section 01D .2107 - APPLICABILITY OF OTHER REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The specific standards set forth herein for certification
					 of specialists in real property law are subject to any general requirement,
					 standard, or procedure adopted by the board applicable to all applicants for
					 certification or continued certification.
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 .2200 - CERTIFICATION STANDARDS FOR THE BANKRUPTCY LAW SPECIALTY › Section 01D .2201 - ESTABLISHMENT OF SPECIALTY FIELD

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar Board of Legal Specialization
					 (the board) hereby designates bankruptcy law, including the subspecialties of
					 consumer bankruptcy law and business bankruptcy law, as a field of law for
					 which certification of specialists under the Plan of Legal Specialization (see
					 Section .1700 of this subchapter) is permitted.
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 .2200 - CERTIFICATION STANDARDS FOR THE BANKRUPTCY LAW SPECIALTY › Section 01D .2202 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
The specialty of bankruptcy law is the practice of law
					 dealing with all laws and procedures involving the rights, obligations, and
					 remedies between debtors and creditors in potential or pending federal
					 bankruptcy cases and state insolvency actions. Subspecialties in the field are
					 identified and defined as follows:
(1)
				  Consumer Bankruptcy Law - The practice of law dealing with consumer bankruptcy
				  and the representation of interested parties in contested matters or adversary
				  proceedings in individual filings of Chapter 7, Chapter 12, or Chapter
				  13;
(2) Business Bankruptcy Law -
				  The practice of law dealing with business bankruptcy and the representation of
				  interested parties in contested matters or adversary proceedings in bankruptcy
				  cases filed on behalf of debtors who are or have been engaged in business prior
				  to an entity filing Chapter 7, Chapter 9, Chapter 11, or Chapter 12.
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 .2200 - CERTIFICATION STANDARDS FOR THE BANKRUPTCY LAW SPECIALTY › Section 01D .2203 - RECOGNITION AS A SPECIALIST IN BANKRUPTCY LAW

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer may qualify as a specialist by meeting the
					 standards set for one or both of the subspecialties. If a lawyer qualifies as a
					 specialist in bankruptcy law by meeting the standards set for the consumer
					 bankruptcy law subspecialty, the lawyer shall be entitled to represent that he
					 or she is a "Board Certified Specialist in Consumer Bankruptcy Law." If a
					 lawyer qualifies as a specialist in bankruptcy law by meeting the standards set
					 for the business bankruptcy law subspecialty, the lawyer shall be entitled to
					 represent that he or she is a "Board Certified Specialist in Business
					 Bankruptcy Law." If a lawyer qualifies as a specialist in bankruptcy law by
					 meeting the standards set for both the consumer bankruptcy law and the business
					 bankruptcy law subspecialties, the lawyer shall be entitled to represent that
					 he or she is a "Board Certified Specialist in Business and Consumer Bankruptcy
					 Law."
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 .2200 - CERTIFICATION STANDARDS FOR THE BANKRUPTCY LAW SPECIALTY › Section 01D .2204 - APPLICABILITY OF PROVISIONS OF THE NORTH CAROLINA PLAN OF LEGAL SPECIALIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Certification and continued certification of specialists in
					 bankruptcy law shall be governed by the provisions of the Plan of Legal
					 Specialization (see Section .1700 of this subchapter) as supplemented by these
					 standards for certification.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.