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 .3000 - CERTIFICATION STANDARDS FOR THE APPELLATE PRACTICE SPECIALTY › Section 01D .3002 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
The specialty of appellate practice is the practice of law
					 relating to appeals to the Appellate Division of the North Carolina General
					 Courts of Justice, as well as appeals to appellate-level courts of any state or
					 territory of the United States, the Supreme Court of the United States, the
					 United States Courts of Appeals, the United States Court of Appeals for the
					 Armed Forces and the United States Courts of Criminal Appeals for the armed
					 forces, and any tribal appellate court for a federally recognized Indian tribe
					 (hereafter referred to as a "state or federal appellate court" or collectively
					 as "state and federal appellate courts").
Authority
					 G.S.
					 84-23;
Eff. March 10,
					 2011.
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 .3000 - CERTIFICATION STANDARDS FOR THE APPELLATE PRACTICE SPECIALTY › Section 01D .3003 - RECOGNITION AS A SPECIALIST IN APPELLATE PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
If a lawyer qualifies as a specialist in appellate practice
					 by meeting the standards for the specialty, the lawyer shall be entitled to
					 represent that he or she is a "Board Certified Specialist in Appellate
					 Practice." Any lawyer who is entitled to represent that he or she is a "Board
					 Certified Specialist in Criminal Appellate Practice" (having been certified as
					 such under the standards set forth in Section .2500 of this Subchapter) at the
					 time of the adoption of these standards shall also be entitled to represent
					 that he or she is a "Board Certified Specialist in Appellate Practice" and
					 shall thereafter meet the standards for continued certification under Rule
					 .3006 of this Section in lieu of the standards for continued certification
					 under Rule .2506 of Section .2500 of this Subchapter.
Authority
					 G.S.
					 84-23;
Eff. March 10,
					 2011.
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 .3000 - CERTIFICATION STANDARDS FOR THE APPELLATE PRACTICE SPECIALTY › Section 01D .3004 - 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
					 appellate practice 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;
Eff. March 10,
					 2011.
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 .3000 - CERTIFICATION STANDARDS FOR THE APPELLATE PRACTICE SPECIALTY › Section 01D .3007 - 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 appellate practice are subject to any general requirement,
					 standard, or procedure, adopted by the board, that applies to all applicants
					 for certification or continued certification.
Authority
					 G.S.
					 84-23;
Eff. March 10,
					 2011.
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 .3000 - CERTIFICATION STANDARDS FOR THE APPELLATE PRACTICE SPECIALTY › Section 01D .3008 - ADVISORY MEMBERS OF THE APPELLATE PRACTICE SPECIALTY COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The board may appoint former chief justices of the North
					 Carolina Supreme Court to serve as advisory members of the Appellate Practice
					 Specialty Committee. Notwithstanding any other provision in The Plan of Legal
					 Specialization (Section .1700 of this Subchapter) or this Section .3000, the
					 board may waive the requirements of Rule .3005(d) and (e) above if an advisory
					 committee member has served at least one year on the North Carolina Supreme
					 Court and may permit the advisory member to file an application to become a
					 board certified specialist in appellate practice upon compliance with all other
					 required standards for certification in the specialty. Advisory members shall
					 hold office for an initial term of three years and shall thereafter serve at
					 the discretion of the board.
Authority
					 G.S.
					 84-23;
Eff. March 10,
					 2011.
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 .3100 - CERTIFICATION STANDARDS FOR THE TRADEMARK LAW SPECIALTY › Section 01D .3101 - 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 trademark law as a specialty 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;
Eff. March 8,
					 2013.
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 .3100 - CERTIFICATION STANDARDS FOR THE TRADEMARK LAW SPECIALTY › Section 01D .3102 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
The specialty of trademark law is the practice of law
					 devoted to commercial symbols, and typically includes the following: advising
					 clients regarding creating and selecting trademarks; conducting and/or
					 analyzing trademark searches; prosecuting trademark applications; enforcing and
					 protecting trademark rights; and counseling clients on matters involving
					 trademarks. Practitioners regularly practice before the United States Patent
					 and Trademark Office (USPTO), the Trademark Trial and Appeal Board (TTAB), the
					 Trademark Division of the NC Secretary of State's Office, and the North
					 Carolina and/or federal courts.
Authority
					 G.S.
					 84-23;
Eff. March 8,
					 2013.
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 .3100 - CERTIFICATION STANDARDS FOR THE TRADEMARK LAW SPECIALTY › Section 01D .3103 - RECOGNITION AS A SPECIALIST IN TRADEMARK LAW

Current through Register Vol. 39, No. 2, July 15, 2024
If a lawyer qualifies as a specialist in trademark law by
					 meeting the standards set for the specialty, the lawyer shall be entitled to
					 represent that he or she is a "Board Certified Specialist in Trademark
					 Law."
Authority
					 G.S.
					 84-23;
Eff. March 8,
					 2013.
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 .3100 - CERTIFICATION STANDARDS FOR THE TRADEMARK LAW SPECIALTY › Section 01D .3104 - 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
					 trademark 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;
Eff. March 8,
					 2013.
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 .3100 - CERTIFICATION STANDARDS FOR THE TRADEMARK LAW SPECIALTY › Section 01D .3105 - STANDARDS FOR CERTIFICATION AS A SPECIALIST IN TRADEMARK LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for certification as a specialist in
					 trademark law shall meet the minimum standards set forth in Rule .1720 of this
					 subchapter. In addition, each applicant shall meet following standards for
					 certification in trademark law:
(a)
				  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.
(b) Substantial Involvement - An applicant
				  shall affirm to the board that the applicant has experience through substantial
				  involvement in trademark law.
(1) Substantial
				  involvement shall mean that during the five years immediately preceding the
				  application, the applicant devoted an average of at least 500 hours a year to
				  the practice of trademark law, but not less than 400 hours in any one
				  year.
(2) Practice shall mean
				  substantive legal work in trademark law done primarily for the purpose of legal
				  advice or representation or a practice equivalent.
(3) "Practice equivalent" shall mean:
(A) Service as a law professor concentrating
				  in the teaching of trademark law which may be substituted for up to two years
				  of experience to meet the five-year requirement set forth in Rule
				  .3105(b)(1).
(B) Service as a
				  trademark examiner at the USPTO or a functionally equivalent trademark office
				  for any state or foreign government which may be substituted for up to two
				  years of experience to meet the five-year requirement set forth in Rule
				  .3105(b)(1).
(C) Service as an
				  administrative law judge for the TTAB which may be substituted for up to three
				  years of experience to meet the five-year requirement set forth in Rule
				  .3105(b)(1).
(4) The
				  board may, in its discretion, require an applicant to provide additional
				  information as evidence of substantial involvement in trademark law, including
				  information regarding the applicant's participation, during his or her legal
				  career, in the following: portfolio management, prosecution of trademark
				  applications, search and clearance of trademarks, licensing, due diligence,
				  domain name selection and dispute resolution, TTAB litigation, state court
				  trademark litigation, federal court trademark litigation, trademark dispute
				  resolution, and international trademark 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 .3100 - CERTIFICATION STANDARDS FOR THE TRADEMARK LAW SPECIALTY › Section 01D .3107 - 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 trademark 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;
Eff. March 8,
					 2013.
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 .3200 - CERIFICATION STANDARDS FOR THE UTILITIES LAW SPECIALITY › Section 01D .3201 - 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 utilities law as a specialty 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;
Eff. June 9,
					 2016.
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 .3200 - CERIFICATION STANDARDS FOR THE UTILITIES LAW SPECIALITY › Section 01D .3202 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
The specialty of utilities law is the practice of law
					 focusing on the North Carolina Public Utilities Act (Chapter 62 of the North
					 Carolina General Statutes) and practice before the North Carolina Utilities
					 Commission (the Commission) and related state and federal regulatory
					 bodies.
Authority
					 G.S.
					 84-23;
Eff. June 9,
					 2016.
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 .3200 - CERIFICATION STANDARDS FOR THE UTILITIES LAW SPECIALITY › Section 01D .3203 - RECOGNITION AS A SPECIALIST IN UTILITIES LAW

Current through Register Vol. 39, No. 2, July 15, 2024
If a lawyer qualifies as a specialist in utilities law by
					 meeting the standards set for the specialty, the lawyer shall be entitled to
					 represent that he or she is a "Board Certified Specialist in Utilities
					 Law."
Authority
					 G.S.
					 84-23;
Eff. June 9,
					 2016.
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 .3200 - CERIFICATION STANDARDS FOR THE UTILITIES LAW SPECIALITY › Section 01D .3204 - 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
					 utilities 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;
Eff. June 9,
					 2016.
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 .3200 - CERIFICATION STANDARDS FOR THE UTILITIES LAW SPECIALITY › Section 01D .3205 - STANDARDS FOR CERTIFICATION AS A SPECIALIST IN UTILITIES LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for certification as a specialist in
					 utilities 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 utilities law:
(a)
				  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.
(b) Substantial Involvement - An applicant
				  shall affirm to the board that the applicant has experience through substantial
				  involvement in utilities law.
(1) Substantial
				  involvement shall mean that during the five years immediately preceding the
				  application, the applicant devoted an average of at least 500 hours a year to
				  the practice of utilities law but not less than 400 hours in any one
				  year.
(2) Practice shall mean
				  substantive legal work in utilities law done primarily for the purpose of
				  providing legal advice or representation, including the activities described in
				  Paragraph (3), or a practice equivalent as described in Paragraph
				  (4).
(3) Substantive legal work in
				  utilities law includes, but is not limited to, practice before or
				  representation in matters relative to the Commission, Federal Energy Regulatory
				  Commission (FERC), Federal Communications Commission (FCC), Nuclear Regulatory
				  Commission (NRC), Pipeline and Hazardous Materials Safety Administration
				  (PHMSA), North Carolina Department of Environment and Natural Resources
				  (NCDENR), North American Electric Reliability Corporation, utilities
				  commissions of other states, and related state and federal regulatory bodies as
				  well as participation in committee work of organizations or continuing legal
				  education programs that are focused on subject matter involved in practice
				  before the Commission or related state and federal regulatory bodies.
(4) "Practice equivalent" shall mean:
(A) Each year of service as a commissioner on
				  the Commission during the five years prior to application may be substituted
				  for a year of the experience necessary to meet the five-year requirement set
				  forth in Rule .3205(b)(1).
(B) Each
				  year of service on the legal staff of the Commission or of the Public Staff
				  during the five years prior to application may be substituted for a year of the
				  experience necessary to meet the five-year requirement set forth in Rule
				  .3205(b)(1).
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 .3200 - CERIFICATION STANDARDS FOR THE UTILITIES LAW SPECIALITY › Section 01D .3207 - 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 utilities 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;
Eff. June 9,
					 2016.
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 .3300 - CERTIFICATION STANDARDS FOR THE PRIVACY AND INFORMATION SECURITY LAW › Section 01D .3301 - 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 privacy and information security law as a
					 specialty 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;
Adopted by the Supreme
					 Court September 28, 2017.
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 .3300 - CERTIFICATION STANDARDS FOR THE PRIVACY AND INFORMATION SECURITY LAW › Section 01D .3302 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
The specialty of privacy and information security law
					 encompasses the laws that regulate the collection, storage, sharing,
					 monetization, security, disposal, and permissible uses of personal or
					 confidential information about individuals, businesses, and organizations, and
					 the security of information regarding individuals and the information systems
					 of businesses and organizations. The specialty also includes legal requirements
					 and risks related to cyber incidents, such as external intrusions into computer
					 systems, and cyber threats, such as governmental information sharing
					 programs.
Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court September 28, 2017.
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 .3300 - CERTIFICATION STANDARDS FOR THE PRIVACY AND INFORMATION SECURITY LAW › Section 01D .3303 - RECOGNITION AS A SPECIALIST IN PRIVACY AND INFORMATION SECURITY LAW

Current through Register Vol. 39, No. 2, July 15, 2024
If a lawyer qualifies as a specialist in privacy and
					 information security law by meeting the standards set for the specialty, the
					 lawyer shall be entitled to represent that he or she is a "Board Certified
					 Specialist in Privacy and Information Security Law."
Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court September 28, 2017.
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 .3300 - CERTIFICATION STANDARDS FOR THE PRIVACY AND INFORMATION SECURITY LAW › Section 01D .3304 - 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
					 privacy and information security 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;
Adopted by the Supreme
					 Court September 28, 2017.
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 .3300 - CERTIFICATION STANDARDS FOR THE PRIVACY AND INFORMATION SECURITY LAW › Section 01D .3307 - 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 privacy and information security 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;
Adopted by the Supreme
					 Court September 28, 2017.
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 .3400 - CERTIFICATION STANDARDS FOR THE CHILD WELFARE LAW SPECIALTY › Section 01D .3401 - 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 child welfare law as a specialty 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;
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 .3400 - CERTIFICATION STANDARDS FOR THE CHILD WELFARE LAW SPECIALTY › Section 01D .3402 - DEFINITION OF SPECIALTY

Current through Register Vol. 39, No. 2, July 15, 2024
Child welfare law is a unique area of law that requires
					 knowledge of substantive and procedural rights provided for in the North
					 Carolina General Statutes, Chapter 7B. The cases are complex and multi-faceted
					 both in the issues they present and the number of type of court hearings
					 required by federal and state law. The substantive area includes abuse,
					 neglect, dependency, and termination of parental rights. Knowledge of
					 additional substantive areas is also required; such as child custody, the
					 Uniform Child Custody Jurisdiction Enforcement Act, the Interstate Compact on
					 the Placement of Children, the Indian Child Welfare Act, adoptions, and
					 education law. The cases revolve around children and families that are
					 experiencing significant issues resulting in the government's intervention to
					 protect children's safety while also protecting parents' constitutional rights
					 to parent their children. Child welfare differs from family law/domestic
					 relations in that different laws and procedures apply and the government
					 through a county department of social services is involved.
Authority
					 G.S.
					 84-23;
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 .3400 - CERTIFICATION STANDARDS FOR THE CHILD WELFARE LAW SPECIALTY › Section 01D .3403 - RECOGNITION AS A SPECIALIST IN CHILD WELFARE LAW

Current through Register Vol. 39, No. 2, July 15, 2024
If a lawyer qualifies as a specialist in child welfare law
					 by meeting the standards set for the specialty, the lawyer shall be entitled to
					 represent that he or she is a "Board Certified Specialist in Child Welfare
					 Law."
Authority
					 G.S.
					 84-23;
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 .3400 - CERTIFICATION STANDARDS FOR THE CHILD WELFARE LAW SPECIALTY › Section 01D .3404 - APPLICABILITY OF PROVISIONS OF THE NORTH CAROLINA PLAN OF LEGAL SPECIALIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 84-23;
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 .3400 - CERTIFICATION STANDARDS FOR THE CHILD WELFARE LAW SPECIALTY › Section 01D .3406 - STANDARDS FOR CONTINUED CERTIFICATION AS A SPECIALIST

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Substantial Involvement - The specialist must demonstrate that, for each of the
				  five years preceding application for continuing certification, he or she has
				  had substantial involvement in the specialty as defined in Rule .3405(b) of
				  this subchapter.
(b) Continuing
				  Legal Education - The specialist must earn no less than 60 hours of accredited
				  CLE credits in child welfare law and related fields during the five years
				  preceding application for continuing certification. Of the 60 hours of CLE, at
				  least 42 hours shall be in child welfare/juvenile law, and the balance of 18
				  hours may be in related field CLE. A list of the topics that qualify as
				  related-field CLE and technical CE shall be maintained by the board on its
				  official website.
(c) Peer Review -
				  The applicant must provide, as references, the names of at least six lawyers or
				  judges, all of whom are licensed and currently in good standing to practice law
				  in North Carolina. References must be familiar with the competence and
				  qualification of the applicant as a specialist. For an application to be
				  considered, completed peer reference forms must be received from at least three
				  of the references. All other requirements relative to peer review set forth in
				  Rule .3405(d) of this subchapter apply to this standard.
(d) Time for Application - Application for
				  continued certification shall be made not more than 180 days, nor less than 90
				  days, prior to the expiration of the prior period of certification.
(e) Lapse of Certification - Failure of a
				  specialist to apply for continued certification in a timely fashion will result
				  in a lapse of certification. Following such a lapse, recertification will
				  require compliance with all requirements of Rule .3405 of this subchapter,
				  including the examination.
(f)
				  Suspension or Revocation of Certification - If an applicant's certification was
				  suspended or revoked during a period of certification, the application shall be
				  treated as if it were for initial certification under Rule .3405 of this
				  subchapter.
Authority
					 G.S.
					 84-23;
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 E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0100 - REGULATIONS FOR PROFESSIONAL CORPORATIONS AND PROFESSIONAL LIMITED LIABILITY COMPANIES PRACTICING LAW › Section 01E .0101 - AUTHORITY, SCOPE, AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  "Authority" Chapter 55B of the General Statutes of North Carolina, being "the
				  Professional Corporation Act," particularly Section
				  55B-12, and Chapter 57C, being
				  the "North Carolina Limited Liability Company Act," particularly Section
				  57C-2-01(c),
				  authorizes the Council of the North Carolina State Bar (the council) to adopt
				  regulations for professional corporations and professional limited liability
				  companies practicing law. These regulations are adopted by the council pursuant
				  to that authority.
(b) "Statutory
				  Law" These regulations only supplement the basic statutory law governing
				  professional corporations (Chapter 55B) and professional limited liability
				  companies (Chapter 57C) and shall be interpreted in harmony with those statutes
				  and with other statutes and laws governing corporations and limited liability
				  companies generally.
(c)
				  "Definitions" All terms used in these regulations shall have the meanings set
				  forth below or shall be as defined in the Professional Corporation Act or the
				  North Carolina Limited Liability Company Act as appropriate.
(1) "Council" shall mean the Council of the
				  North Carolina State Bar.
(2)
				  "Licensee" shall mean any natural person who is duly licensed to practice law
				  in North Carolina.
(3)
				  "Professional limited liability company or companies" shall mean any
				  professional limited liability company or companies organized for the purpose
				  of practicing law in North Carolina.
(4) "Professional corporations" shall mean
				  any professional corporation or corporations organized for the purpose of
				  practicing law in North Carolina.
(5) "Secretary" shall mean the secretary of
				  the North Carolina State Bar.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0100 - REGULATIONS FOR PROFESSIONAL CORPORATIONS AND PROFESSIONAL LIMITED LIABILITY COMPANIES PRACTICING LAW › Section 01E .0102 - NAME OF PROFESSIONAL CORPORATION OR PROFESSIONAL LIMITED LIABILITY COMPANY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Name of Professional Corporation" The
				  name of every professional corporation shall contain the surname of one or more
				  of its shareholders or of one or more persons who were associated with its
				  immediate corporate, individual, partnership, or professional limited liability
				  company predecessor in the practice of law and shall not contain any other
				  name, word, or character (other than punctuation marks and conjunctions) except
				  as required or permitted by Rules .0102(a)(1), (2) and (5) in this Rule. The
				  following additional requirements shall apply to the name of a professional
				  corporation:
(1) "Corporate Designation" The
				  name of a professional corporation shall end with the following words:
(A) "Professional Association" or the
				  abbreviation "P.A."; or
(B)
				  "Professional Corporation" or the abbreviation "P.C."
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0100 - REGULATIONS FOR PROFESSIONAL CORPORATIONS AND PROFESSIONAL LIMITED LIABILITY COMPANIES PRACTICING LAW › Section 01E .0103 - REGISTRATION WITH THE NORTH CAROLINA STATE BAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Registration of Professional Corporation - At least one of the incorporators of
				  a professional corporation shall be an attorney at law duly licensed to
				  practice in North Carolina. The incorporators shall comply with the following
				  requirements for registration of a professional corporation with the North
				  Carolina State Bar:
(1) Filing with State Bar
				  - Prior to filing the articles of incorporation with the secretary of state,
				  the incorporators of a professional corporation shall file the following with
				  the secretary of the North Carolina State Bar:
(A) the original articles of
				  incorporation;
(B) an additional
				  executed copy of the articles of incorporation;
(C) a conformed copy of the articles of
				  incorporation;
(D) a registration
				  fee of fifty dollars;
(E) an
				  application for certificate of registration for a professional corporation
				  (Form PC-1; see Section .0106(a) of this subchapter) verified by all
				  incorporators, setting forth
(i) the name and
				  address of each person who will be an original shareholder or an employee who
				  will practice law for the corporation in North Carolina;
(ii) the name and address of at least one
				  person who is an incorporator;
(iii) the name and address of at least one
				  person who will be an original director; and
(iv) the name and address of at least one
				  person who will be an original officer, and stating that all such persons are
				  duly licensed to practice law in North Carolina. The application shall also
(a) set forth the name, address, and license
				  information of each original shareholder who is not licensed to practice law in
				  North Carolina but who shall perform services on behalf of the corporation in
				  another jurisdiction in which the corporation maintains an office;
				  and
(b) certify that all such
				  persons are duly licensed to practice law in the appropriate jurisdiction. The
				  application shall include a representation that the corporation will be
				  conducted in compliance with the Professional Corporation Act and these
				  regulations; and
(F) a certification for professional
				  corporation by the Council of the North Carolina State Bar (Form PC-2; see Rule
				  .0106(b) of this subchapter), a copy of which shall be attached to the
				  original, the executed copy, and the conformed copy of the articles of
				  incorporation, to be executed by the secretary in accordance with Rule
				  .0103(a)(2) below.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0100 - REGULATIONS FOR PROFESSIONAL CORPORATIONS AND PROFESSIONAL LIMITED LIABILITY COMPANIES PRACTICING LAW › Section 01E .0105 - GENERAL AND ADMINISTRATIVE PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  "Administration of Regulations" These regulations shall be administered by the
				  secretary, subject to the review and supervision of the council. The council
				  may from time to time appoint such standing or special committees as it may
				  deem proper to deal with any matter affecting the administration of these
				  regulations. It shall be the duty of the secretary to bring to the attention of
				  the council or its appropriate committee any violation of the law or of these
				  regulations.
(b) "Appeal to
				  Council" If the secretary shall decline to execute any certificate required by
				  Rule .0103(a)(2), Rule .0103(b)(2), or Rule .0104(g) of this subchapter, or to
				  renew the same when properly requested, or shall refuse to take any other
				  action requested in writing by a professional corporation or a professional
				  limited liability company, the aggrieved party may request in writing that the
				  council review such action. Upon receipt of such a request, the council shall
				  provide a formal hearing for the aggrieved party through a committee of its
				  members.
(c) "Articles of
				  Amendment, Merger, and Dissolution" A copy of the following documents, duly
				  certified by the secretary of state, shall be filed with the secretary within
				  10 days after filing with the secretary of state:
(1) all amendments to the articles of
				  incorporation of a professional corporation or to the articles of organization
				  of a professional limited liability company;
(2) all articles of merger to which a
				  professional corporation or a professional limited liability company is a
				  party;
(3) all articles of
				  dissolution dissolving a professional corporation or a professional limited
				  liability company;
(4) any other
				  documents filed with the secretary of state changing the corporate structure of
				  a professional corporation or the organizational structure of a professional
				  limited liability company.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0100 - REGULATIONS FOR PROFESSIONAL CORPORATIONS AND PROFESSIONAL LIMITED LIABILITY COMPANIES PRACTICING LAW › Section 01E .0106 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Form PC" 1:
Application for Certificate of Registration for a
					 Professional Corporation
The undersigned, being all of the incorporators of _______,
					 a professional corporation to be incorporated under the laws of the state of
					 North Carolina for the purpose of practicing law, hereby certify to the Council
					 of the North Carolina State Bar:
1. At
				  least one person who is an incorporator, at least one person who will be an
				  original officer, and at least one person who will be an original director, and
				  all persons who, to the best knowledge and belief of the undersigned, will be
				  original shareholders and employees who will practice law for said professional
				  corporation are duly licensed to practice law in the state of North Carolina.
				  The names and addresses of such persons are:
Name and Position Address
(incorporator, officer, director, shareholder,
					 employee)
2. Each original
				  shareholder who is not licensed to practice law in North Carolina but who will
				  perform services on behalf of the corporation in another jurisdiction in which
				  the corporation maintains an office is duly licensed to practice law in that
				  jurisdiction. The name, address, and license information of each such person
				  are:
Name, Address, Jurisdiction of Licensure, License
					 Number
3. The jurisdictions
				  other than North Carolina in which the corporation will maintain an office are:
Name of Jurisdiction and Address of Office(s)
4. The undersigned represent that
				  the professional corporation will be conducted in compliance with the
				  Professional Corporations Act and with the North Carolina State Bar's
				  Regulations for Professional Corporations and Professional Limited Liability
				  Companies Practicing Law.
5.
				  Application is hereby made for a Certificate of Registration to be effective
				  upon the effective date of the professional corporation's articles of
				  incorporation after said articles are filed with the secretary of
				  state.
6. Attached hereto is the
				  registration fee of $50.
This the _______ day of _______, 19___.
Incorporator
Incorporator
Incorporator
[Signatures of all incorporators.]
NORTH CAROLINA
_______ COUNTY
I hereby certify that _______, _______, _______, _______,
					 and _______, being all of the incorporators of _______, a professional
					 corporation, personally appeared before me this day and stated that they have
					 read the foregoing Application for Certificate of Registration for a
					 Professional Corporation and that the statements contained therein are
					 true.
Witness my hand and notarial seal, this _______ day of
					 _______, 19____.
Notary Public
My commission expires:
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0200 - REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS › Section 01E .0201 - REGISTRATION REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
No law firm or professional organization that (1) maintains
					 offices in North Carolina and one or more other jurisdictions, or (2) files for
					 a certificate of authority to transact business in North Carolina from the
					 North Carolina Secretary of State, may do business in North Carolina without
					 first obtaining a certificate of registration from the North Carolina State Bar
					 provided, however, that no law firm or professional organization shall be
					 required to obtain a certificate of registration if all attorneys associated
					 with the law firm or professional organization, or any law firm or professional
					 organization that is in partnership with said law firm or professional
					 organization, are licensed to practice law in North Carolina.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. March 6, 2014; March 5,
					 1998.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0200 - REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS › Section 01E .0202 - CONDITIONS OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary of the North Carolina State Bar shall issue
					 such a certificate upon satisfaction of the following conditions
					 precedent:
(1) There shall be filed
				  with the secretary of the North Carolina State Bar a registration statement
				  disclosing:
(a) all names used to identify the
				  filing law firm or professional organization;
(b) addresses of all offices maintained by
				  the filing law firm or professional organization;
(c) the name and address of any law firm or
				  professional organization with which the filing law firm or professional
				  organization is in partnership and the name and address of such
				  partnership;
(d) the name and
				  address of each attorney who is a partner, shareholder, member or employee of
				  the filing law firm or professional organization or who is a partner,
				  shareholder, member or employee of a law firm or professional organization with
				  which the filing law firm or professional organization is in
				  partnership;
(e) the relationship
				  of each attorney identified in Rule .0202(1)(d) of this Rule to the filing law
				  firm or professional organization;
(f) the states to which each attorney
				  identified in Rule .0202(1)(d) of this Rule is admitted to practice
				  law.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0200 - REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS › Section 01E .0203 - REGISTRATION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
There shall be submitted with each registration statement
					 and supporting documentation a registration fee as an administrative cost which
					 shall be in an amount determined by the council.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. September 25,
					 2020.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0200 - REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS › Section 01E .0204 - CERTIFICATE OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
A certificate of registration shall remain effective until
					 January 1 following the date of filing and may be renewed annually by the
					 secretary of the North Carolina State Bar upon the filing of an updated
					 registration statement which satisfies the requirements set forth above and the
					 submission of the registration fee.
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 E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0200 - REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS › Section 01E .0205 - EFFECT OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule shall not be construed to confer the right to
					 practice law in North Carolina upon any lawyer not licensed to practice law in
					 North Carolina.
Authority
					 G.S.
					 84-16;
					 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 E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0200 - REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS › Section 01E .0206 - NON-RENEWAL OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
If a law firm or professional organization registered under
					 these rules no longer meets the criteria for registration, it shall notify the
					 State Bar in writing. If such written notice is not received by the State Bar
					 on or before December 31 of the year in which registration is no longer
					 required, the registration fee for the next calendar year, as set forth in Rule
					 .0203 of this Subchapter, shall be owed.
The North Carolina State Bar shall maintain an index of the
					 plans registered pursuant to these rules. All documents filed pursuant to these
					 rules shall be available for public inspection during regular business
					 hours.
Authority
					 G.S.
					 84-23;
Eff. October 1,
					 2003.