reglab/statecodes huggingface dataset:
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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0301 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following words and phrases when used in this
					 subchapter shall have the meanings given to them in this rule:
(a) Counsel - the counsel of the North
				  Carolina State Bar appointed by the Council of the North Carolina State
				  Bar.
(b) Plan Owner - the person or
				  entity not authorized to engage in the practice of law that operates or is
				  seeking to operate a plan in accordance with these Rules.
(c) Prepaid Legal Services Plan or Plan - any
				  arrangement by which a person or entity, not authorized to engage in the
				  practice of law, in exchange for any valuable consideration, offers to arrange
				  the provision of specified legal services that are paid for in advance of any
				  immediate need for the specified legal services ("covered services"). In
				  addition to covered services, a plan may arrange the provision of specified
				  legal services at fees that are less than what a non-member of the plan would
				  normally pay. The North Carolina legal services arranged by a plan must be
				  provided by a North Carolina licensed attorney who is not an employee,
				  director, or owner of the plan. A plan does not include the sale of an
				  identified, limited legal service, such as drafting a will, for a fixed,
				  one-time fee.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Adopted by
					 the Supreme Court: February 5, 2002;
Amendments Approved by the
					 Supreme Court: August 23, 2007; September 25, 2020;
Rule was
					 transferred from
					 27 NCAC
					 01E .0303 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0302 - STATE BAR JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar retains jurisdiction over
					 North Carolina licensed attorneys who participate in plans, whose conduct is
					 subject to the rules and regulations of the State Bar.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0311 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0303 - ROLE OF AUTHORIZED PRACTICE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The Authorized Practice Committee ("committee"), as a duly
					 authorized standing committee of the North Carolina State Bar Council, shall
					 oversee the registration of plans in accordance with these rules. The committee
					 shall also establish reasonable deadlines, rules and procedures regarding the
					 initial and annual registrations, amendments to registrations, and the
					 revocation of registrations of plans.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; October 7, 2010; September 25, 2020;
Rule was transferred
					 from 27
					 NCAC 01E .0304(c) on
					 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0304 - INDEX OF REGISTERED PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
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;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0309 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0305 - REGISTRATION REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A plan shall be registered with the North Carolina State
					 Bar before operating in North Carolina. Registration shall be evidenced by a
					 certificate of registration issued by the State Bar. No plan may operate in any
					 manner that violates the North Carolina statutes regarding the unauthorized
					 practice of law. No plan may operate in North Carolina unless at least one
					 licensed North Carolina attorney has agreed to provide the legal services
					 arranged by the plan at all times during the operation of the plan. No licensed
					 North Carolina attorney shall participate in a plan in this state unless the
					 plan has registered with the State Bar and has complied with the rules set
					 forth below.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. December 8, 1994;
Amendments Approved by the Supreme Court:
					 August 23, 2007; September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0302 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0306 - REGISTRATION FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The initial and annual registration fees for each plan
					 shall be determined by the council and shall be
					 non-refundable.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; March 8, 2012; September 25, 2020;
Rule was transferred
					 from 27
					 NCAC 01E .0308 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0307 - REGISTRATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
To register a plan, the plan owner shall complete the
					 initial registration statement form contained in Rule .0310 and file it with
					 the secretary of the North Carolina State Bar.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; October 7, 2010; September 25, 2020;
Rule was transferred
					 from 27
					 NCAC 01E .0304(a) on
					 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0308 - INITIAL REGISTRATION DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Counsel shall review the plan's initial registration
					 statement. If the plan satisfies the requirements for registration, the
					 secretary shall issue a certificate of registration to the plan owner. If the
					 plan does not satisfy the requirements for registration, counsel shall inform
					 the plan owner that the plan will not be registered and shall explain the
					 deficiencies. Upon notice that the plan will not be registered, the plan owner
					 may resubmit one amended initial registration statement or request a hearing
					 before the committee pursuant to Rule .0317 below. Counsel shall provide a
					 report to the committee each quarter identifying the plans that submitted
					 initial registration statements and whether each plan was
					 registered.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Adopted by
					 the Supreme Court: August 23, 2007;
Amendments Approved by the
					 Supreme Court: October 7, 2010; September 25, 2020;
Rule was
					 transferred from
					 27 NCAC
					 01E .0305 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0309 - REGISTRATION DOES NOT CONSTITUTE APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The registration of any plan under these rules shall not be
					 construed to indicate approval, disapproval, or an endorsement of the plan by
					 the North Carolina State Bar. Any plan that advertises or otherwise represents
					 that it is registered with the State Bar shall include a clear and conspicuous
					 statement within the advertisement or communication that registration with the
					 State Bar does not constitute approval or an endorsement of the plan by the
					 State Bar.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court:
					 February 5, 2002; August 23, 2007; September 25, 2020;
Rule was
					 transferred from
					 27 NCAC
					 01E .0301 and
					 01E .0310 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0310 - INITIAL REGISTRATION STATEMENT FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Initial Registration Statement Form for Prepaid Legal
					 Services Plan
Any person or entity seeking to operate a prepaid legal
					 services plan shall register the plan with the North Carolina State Bar on the
					 initial registration statement form provided by the State Bar. Each plan must
					 be registered prior to its operation in North Carolina.
The plan owner shall complete this form and file it with
					 the secretary of the State Bar. The plan owner must provide complete responses
					 to each of the following items. The plan will not be registered if any item is
					 left incomplete.
1. Name of Plan:
a. Owner of Plan
i. Name:
ii. Title:
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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0311 - ANNUAL REGISTRATION RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
After its initial registration, a plan may continue to
					 operate so long as it timely files the proscribed registration renewal form and
					 its operation is consistent with its registration statement. The plan owner
					 shall file the registration renewal form contained in Rule .0312 with the
					 secretary of the North Carolina State Bar and pay the annual registration fee
					 on or before December 1 of each year. If a plan fails to file the registration
					 renewal form and pay the annual registration fee by December 1, counsel may
					 request the committee at its next quarterly meeting to instruct the secretary
					 of the State Bar to serve upon the plan owner a notice to show cause why the
					 plan's registration should not be revoked as provided in Rule
					 .0316.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0307 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0312 - REGISTRATION RENEWAL FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Registration Renewal Form for Prepaid Legal Services
					 Plan
Each prepaid legal services plan registered to operate in
					 North Carolina shall renew its registration each year. If a plan fails to file
					 the registration renewal form and pay the annual registration fee by December
					 1, counsel may request the Authorized Practice Committee at its next quarterly
					 meeting to instruct the secretary of the State Bar to serve upon the plan's
					 owner a notice to show cause why the plan's registration should not be
					 revoked.
1. Current Registration
				  Information
a. Plan Name:
b. Plan Number:
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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0313 - REGISTRATION AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A plan
				  owner shall file an amendment to its registration statement ("registration
				  amendment") to document any change in the information provided in its initial
				  registration statement or in its last registration renewal form. A plan owner
				  shall file the registration amendment form contained in Rule .0315 with the
				  secretary of the North Carolina State Bar prior to any change that requires the
				  plan owner to file an amendment. An amendment to a plan shall not be
				  implemented until the registration amendment is registered in accordance with
				  Rule .0314.
(b) A plan owner shall
				  not be required to file a registration amendment form each time there is a
				  change in licensed North Carolina attorneys who have agreed to provide the
				  legal services arranged by the plan. A plan owner shall provide a current list
				  of licensed North Carolina attorneys who agree to provide the legal services
				  arranged by the plan with each registration renewal form as set forth in Rule
				  .0312.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Readopted
					 Eff. Dec 8, 1994;
Amendments Approved by the Supreme Court: August
					 23, 2007; September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0306 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0314 - DETERMINATION OF REGISTRATION AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Counsel shall review a plan's registration amendment. If
					 counsel determines that the plan will continue to satisfy the requirements for
					 registration, counsel shall inform the plan owner that the plan's registration
					 amendment will be registered. If counsel determines that the plan will not
					 continue to satisfy the requirements for registration, counsel shall inform the
					 plan owner that the registration amendment will not be registered and shall
					 explain the deficiencies. Counsel shall provide a report to the committee each
					 quarter identifying the plans that submitted registration amendments and
					 whether each registration amendment was registered.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Adopted by
					 the Supreme Court: 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0315 - REGISTRATION AMENDMENT FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Registration Amendment Form for Prepaid Legal Services
					 Plan
A prepaid legal services plan shall file a registration
					 amendment form with the secretary of the North Carolina State Bar no later than
					 30 days after a change in the information provided by the plan in its initial
					 registration statement or in its last registration renewal form. Changes to the
					 operation of the plan or to the governing documents of the plan that are
					 inconsistent with the information contained in the plan's initial registration
					 statement or in the plan's last registration renewal form may not be
					 implemented until they are registered with the State Bar.
The plan owner shall provide complete responses to items 2
					 - 5 if he or she would like to amend the plan's current registration
					 information. There is no need to complete items 2 - 5 if they have not changed.
					 The plan owner shall provide complete responses to item 1 and items 6 -
					 11.
1. Current Registration
				  Information
a. Plan Name:
b. Plan Number:
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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0316 - REVOCATION OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever it appears that a plan:
(1) no longer meets the definition of a
				  prepaid legal services plan;
(2) is
				  marketed or operates in a manner that is not consistent with the
				  representations made in the initial registration statement, the registration
				  amendment form, or with the most recent registration renewal form filed with
				  the North Carolina State Bar;
(3) is
				  marketed or operates in a manner that constitutes the unauthorized practice of
				  law;
(4) is marketed or operates in
				  a manner that violates state or federal laws or regulations, including the
				  rules and regulations of the State Bar; or
(5) has failed to pay the annual registration
				  fee, the committee may instruct the secretary of the State Bar to serve upon
				  the plan owner a notice to show cause why the plan's registration should not be
				  revoked. The notice shall specify the plan's apparent deficiency and allow the
				  plan owner to file with the secretary a written response within 30 days of
				  service. If the plan owner fails to file a timely written response, the
				  secretary shall issue an order revoking the plan's registration and shall serve
				  the order upon the plan owner. If a timely written response is filed, the
				  secretary shall schedule a hearing, in accordance with Rule .0317 below, before
				  the committee and shall so notify the plan owner. The secretary may waive such
				  hearing based upon a stipulation by the plan owner and counsel that the plan's
				  apparent deficiency has been cured. All notices to show cause and orders
				  required to be served herein shall be served:
(1) by certified mail at the address last
				  provided to the State Bar by the plan owner;
(2) in accordance with any other provisions
				  of Rule 4 of the North Carolina Rules of Civil Procedure; or
(3) by a State Bar investigator or by any
				  person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to
				  serve process. The State Bar shall not register the registration renewal form
				  of any plan for which the secretary has issued a notice to show cause under
				  this section, but the plan may continue to operate under the prior registration
				  statement until resolution of the show cause notice by the
				  council.
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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0317 - HEARING BEFORE THE AUTHORIZED PRACTICE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
The chair of the Authorized Practice Committee shall
					 preside at any hearing concerning the registration of a prepaid legal services
					 plan. The chair shall cause a record of the proceedings to be made. Strict
					 compliance with the North Carolina Rules of Evidence is not required, but the
					 North Carolina Rules of Evidence may be used to guide the committee in the
					 conduct of an orderly hearing. The counsel shall represent the State Bar and
					 may offer witnesses and documentary evidence, may cross-examine adverse
					 witnesses, and may argue the State Bar's position. The plan owner may appear
					 and may be represented by counsel, may offer witnesses and documentary
					 evidence, may cross-examine adverse witnesses, and may argue the plan owner's
					 position. The burden of proof shall be upon the plan owner to establish that
					 the plan meets the definition of a prepaid legal services plan, that all
					 registration fees have been paid, and that the plan has operated and does
					 operate in a manner consistent with all applicable law, with these rules, and
					 with all representations made in its then current registration statement. If
					 the plan owner meets its burden of proof, the initial registration statement,
					 the registration amendment form, or the registration renewal form in question
					 shall be registered. If the plan owner fails to meet its burden of proof, the
					 committee shall recommend to the council that the plan's initial registration
					 statement, registration amendment form, or registration renewal form be denied
					 or revoked.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Adopted by
					 the Supreme Court: August 23, 2007;
Amendments Approved by the
					 Supreme Court: September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0313 on 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 .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS › Section 01E .0318 - ACTION BY THE COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the recommendation of the Authorized Practice
					 Committee, the council may enter an order denying or revoking the registration
					 of a plan. The order shall be effective when entered by the council. A copy of
					 the order shall be served upon the plan owner as prescribed in Rule .0316
					 above.
Authority
					 G.S.
					 84-23;
					 84-23.1;
Adopted by
					 the Supreme Court: August 23, 2007;
Amendments Approved by the
					 Supreme Court: September 25, 2020;
Rule was transferred from
					 27 NCAC
					 01E .0314 on 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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0401 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Subject to these rules, the North Carolina State Bar will
					 administer a voluntary binding arbitration program for resolution of disputed
					 issues between lawyers arising out of the dissolution of law firms or disputes
					 within law firms. The purpose of this arbitration procedure is to provide a
					 mechanism for resolving economic disputes between lawyers arising out of the
					 operation or dissolution of law firms.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0402 - SUBMISSION TO ARBITRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The program is voluntary. The procedure shall be instituted
					 by a written submission to arbitration agreement, executed by all the parties
					 to the dispute, in a form and manner as provided by the executive director of
					 the North Carolina State Bar.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0403 - JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
The procedure may be used for the resolution of any dispute
					 if all of the following conditions are met:
(1) the disputed issues submitted to
				  arbitration hereunder shall be solely between or among lawyers who are members
				  of the same law firm;
(2) the
				  dispute arises out of an economic relationship between or among lawyers
				  concerning the operation, dissolution, or proposed dissolution of the law firm
				  of which they are members;
(3) at
				  least one of the parties to such dispute resides or maintains an office for the
				  practice of law in the state of North Carolina and is a member of the North
				  Carolina State Bar;
(4) all parties
				  agree in a written submission to arbitration agreement to submit the issues in
				  dispute to binding arbitration under these rules and procedures.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0404 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar is the administrator of the
					 arbitration program, through its executive director and his designees, to carry
					 out all administrative functions, including those specified in Rules .0406
					 through .0410 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 E - REGULATIONS FOR ORGANIZATIONS PRACTICING LAW › Section .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0405 - UNIFORM ARBITRATION ACT

Current through Register Vol. 39, No. 2, July 15, 2024
Except as modified herein, all arbitration procedures will
					 be governed by Article 45A of Chapter 1 of the General Statutes of North
					 Carolina (Uniform Arbitration Act). Said Uniform Arbitration Act and any
					 amendments thereto are hereby incorporated by reference and constitute a part
					 of these rules.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0406 - LIST OF ARBITRATORS

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar shall establish a list of
					 arbitrators, consisting of attorneys or retired judges, who have been members
					 of the North Carolina State Bar for at least 10 years and who have indicated a
					 willingness to serve. The parties shall, in their submission to arbitration
					 agreement, elect to have one or three arbitrators. The administrator shall
					 thereafter provide each party with the list of arbitrators.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0407 - SELECTION OF ARBITRATORS

Current through Register Vol. 39, No. 2, July 15, 2024
If three arbitrators are to be selected, then
(1) each party to the dispute shall, within
				  10 days after receipt of notice from the administrator, select one arbitrator
				  on the approved list who shall be contacted by the administrator concerning his
				  or her ability to serve and dates of availability. The two arbitrators so
				  chosen shall execute an oath and appointment of arbitrator certificate provided
				  by the administrator. Within 15 days after certification, the two arbitrators
				  shall choose a third from the administrator's approved list, who shall also
				  execute an oath and appointment certificate. Failure of the two arbitrators to
				  choose a third within the allotted time shall constitute a consent to have the
				  third arbitrator chosen by the administrator;
(2) if the opposing parties cannot, because
				  of the number of parties involved, settle upon two arbitrators who are to
				  choose the third as set forth above, then the administrator shall notify the
				  parties and appoint all three arbitrators from the approved list.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0408 - FEES AND EXPENSES

Current through Register Vol. 39, No. 2, July 15, 2024
All expenses and the arbitrator(s') fees shall be paid by
					 the parties. Arbitrator(s') compensation shall be at the same rate paid to
					 retired judges who are assigned to temporary active service as provided in
					 G.S.
					 7A-52 or any successor statutory provision.
					 The administrator may require from each party an escrow deposit covering
					 anticipated fees and expenses.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0409 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
It is the policy of the North Carolina State Bar to protect
					 the confidentiality of all arbitration proceedings. The parties, the
					 arbitrators, and the North Carolina State Bar shall keep all proceedings
					 confidential, except that any final award shall be enforceable under Chapter 1,
					 Article 45A.
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 .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES › Section 01E .0410 - AUTHORITY TO ADOPT AMENDMENTS AND REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar may, from time to time, adopt
					 and amend procedures and regulations consistent with these rules and amend or
					 supplement these rules or otherwise regulate the arbitration
					 procedure.
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 F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0101 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All applications for certification as a foreign legal
					 consultant must be made on forms supplied by the North Carolina State Bar and
					 must be complete in every detail. Every supporting document required by the
					 application form must be submitted with each application. The application form
					 may be obtained by writing or by telephoning the Bar's
					 offices.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0102 - APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  application for certification as a foreign legal consultant form requires an
				  applicant to supply full and complete information under oath relating to the
				  applicant's background, including family history, past and current residences,
				  education, military service, past and present employment, citizenship, credit
				  status, involvement in disciplinary, civil, or criminal proceedings, substance
				  abuse, mental treatment and bar admission and discipline history.
(b) Every applicant must submit as part of
				  the application:
(1) A certificate from the
				  authority that has final jurisdiction regarding matters of professional
				  discipline in the foreign country or jurisdiction in which the applicant is
				  admitted to practice law, or the equivalent thereof. This certificate must be
				  signed by a responsible official or one of the members of the executive body of
				  the authority, imprinted with the official seal of the authority, if any, and
				  must certify:
(A) The authority's jurisdiction
				  in such matters;
(B) The
				  applicant's admission to practice law, or the equivalent thereof, in the
				  foreign country, the date of admission and the applicant's standing as an
				  attorney or the equivalent thereof; and
(C) Whether any charge or complaint has ever
				  been filed with the authority against the applicant and if so, the substance of
				  and adjudication or resolution of each charge or complaint.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0103 - REQUIREMENTS FOR APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
As a prerequisite to being certified as a foreign legal
					 consultant, an applicant shall:
(1)
				  Possess the qualifications of character and general fitness requisite for an
				  attorney and counselor at law and be of good moral character and entitled to
				  the high regard and confidence of the public and have satisfied the
				  requirements of Rule .0104 of this Section at the time the certificate is
				  issued;
(2) Have been admitted to
				  practice as an attorney, or the equivalent thereof, in a foreign country for at
				  least five years as of the date of application for a certificate of
				  registration;
(3) Certify in
				  writing that he or she intends to practice in the State as a foreign legal
				  consultant and intends to maintain an office in the State for this
				  practice;
(4) Be at least 21 years
				  of age;
(5) Have been actively and
				  substantially engaged in the practice of law or a profession or occupation that
				  requires admission to the practice of law, or the equivalent thereof, in the
				  foreign country in which the applicant holds a license for at least five of the
				  seven years immediately preceding the date of application for a certificate of
				  registration and is in good standing as an attorney, or the equivalent thereof,
				  in that country;
(6) Have filed an
				  application as prescribed in Rule .0102 of this Section;
(7) Be at all times in good professional
				  standing and entitled to practice in every state or territory of the U.S. or in
				  the District of Columbia, in which the applicant has been licensed to practice
				  law, and in every foreign country in which the applicant is admitted to the
				  practice of law or the equivalent thereof and is not under any pending charges
				  of misconduct. The applicant may be inactive and in good standing in any
				  foreign country or in any state or territory of the U.S. or in the District of
				  Columbia; and
(8) Satisfy the Bar
				  that the foreign country in which the applicant is licensed will admit North
				  Carolina attorneys to practice as foreign legal consultants or the equivalent
				  thereof.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0104 - BURDEN OF PROVING MORAL CHARACTER AND GENERAL FITNESS

Current through Register Vol. 39, No. 2, July 15, 2024
Every applicant shall have the burden of proving that the
					 applicant possesses the qualifications of character and general fitness
					 requisite for an attorney and counselor-at-law and is possessed of good moral
					 character and is entitled to the high regard and confidence of the
					 public.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0105 - FAILURE TO DISCLOSE

Current through Register Vol. 39, No. 2, July 15, 2024
No one shall be issued a certificate of registration as a
					 foreign legal consultant in this state:
(1) Who fails to disclose fully to the Bar,
				  whether requested to do so or not, the facts relating to any disciplinary
				  proceedings or charges as to the applicant's professional conduct, whether same
				  have been terminated or not, in this or any other state, or any federal court
				  or other jurisdiction or foreign country, or
(2) Who fails to disclose fully to the Bar,
				  whether requested to do so or not, any and all facts relating to any civil or
				  criminal proceedings, charges or investigations involving the applicant,
				  whether the same have been terminated or not in this or any other state, or any
				  federal court or other jurisdiction or foreign country.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0106 - INVESTIGATION BY COUNSEL

Current through Register Vol. 39, No. 2, July 15, 2024
The counsel will conduct any necessary investigation
					 regarding the application and will advise the Administrative Committee of the
					 North Carolina State Bar of the findings of any such
					 investigation.
Authority
					 G.S.
					 84A-1 to
					 84A-8;
Adopted Eff.
					 March 7, 1996;
Amended Eff. February 3,
					 2000.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0107 - RECOMMENDATION OF ADMINISTRATIVE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of all completed application forms, attachments, filing fees and
				  information required by the Bar, and completion of the Bar's investigation, the
				  committee shall make a written recommendation to the council respecting whether
				  an applicant for certification as a foreign legal consultant has met the
				  requirements of
				  G.S.
				  84A-1 and these rules. Prior to making a
				  written recommendation, the committee may request further information from the
				  applicant or other sources and may require the applicant to appear before it
				  upon reasonable notice. The committee's written recommendation shall include a
				  statement of the reason(s) for the committee's decision.
(b) A copy of the committee's recommendation
				  shall be served upon the applicant pursuant to Rule 4 of the N.C. Rules of
				  Civil Procedure.
Authority
					 G.S.
					 84A-1 to
					 84A-8;
Adopted Eff.
					 March 7, 1996;
Amended Eff. February 3,
					 2000.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0108 - APPEAL FROM COMMITTEE DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  applicant will have 30 days from the date of service of the committee's
				  recommendation in which to serve a written request for a hearing upon the
				  secretary pursuant to Rule 4 of the N.C. Rules of Civil Procedure.
(b) If the applicant does not request a
				  hearing in a timely fashion, the committee will forward its recommendation to
				  the council. The council will consider the application and the recommendation
				  of the committee and will make a final written recommendation to the N.C.
				  Supreme Court, as set out in
				  27 NCAC
				  01F .0110(f) of this
				  Subchapter.
Authority
					 G.S.
					 84A-1 to
					 84A-8;
Adopted Eff.
					 March 7, 1996;
Amended Eff. February 3,
					 2000.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0109 - HEARING PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Notice, Time - Place of Hearing
(1) The chair
				  of the committee shall fix the time and place of hearing within 30 days after
				  the applicant's request for a hearing is served upon the secretary. The hearing
				  shall be held as soon as practicable after the request is filed.
(2) The notice of the hearing shall include
				  the date, time and place of the hearing and shall be served upon the applicant
				  at least 10 days before the hearing date.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0110 - REVIEW AND ORDER OF COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Review
				  by Council. The applicant shall compile a record of the proceedings before the
				  hearing panel, including a legible copy of the complete transcript, all
				  exhibits introduced into evidence at the hearing, all pleadings and all motions
				  and orders, unless the applicant and counsel agree in writing to shorten the
				  record. Any agreement regarding the record shall be included in the record
				  transmitted to the council.
(b)
				  Transmission of Record to Council. The applicant shall provide a copy of the
				  record to the counsel not later than 90 days after the hearing unless an
				  extension is granted by the president of the N.C. State Bar for good cause
				  shown. The applicant shall transmit a copy of the record to each member of the
				  council, at the applicant's expense, no later than 30 days before the council
				  meeting at which the application is to be considered.
(c) Costs. The applicant shall bear all of
				  the costs of transcribing, copying, and transmitting the record to the members
				  of the council.
(d) Dismissal for
				  Failure to Apply. If the applicant fails to comply fully with any provisions of
				  this Rule, the counsel may file a motion with the secretary to dismiss the
				  application.
(e) Appearance before
				  the Council. In his or her discretion, the president of the State Bar may
				  permit the counsel for the State Bar and the applicant to present oral or
				  written argument but the council will not consider additional evidence not in
				  the record transmitted from the hearing panel absent a showing that the ends of
				  justice so require or that undue hardship will result if the additional
				  evidence is not presented.
(f)
				  Order by Council. The council will review the recommendation of the hearing
				  panel and the record and will determine whether the applicant has met all of
				  the requirements of Rules .0102 - .0104 of this Section. The council will make
				  a written recommendation to the N.C. Supreme Court regarding whether the
				  application should be granted. The council's recommendation will contain a
				  statement of the reasons for the recommendation and shall attach to it the
				  application.
(g) Costs. The council
				  may tax the costs attributable to the proceeding against the
				  applicant.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0111 - APPLICATION FEES; REFUNDS; RETURNED CHECKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  application and every reapplication for certification as a foreign legal
				  consultant shall be accompanied by a fee of two hundred dollars ($200.00) paid
				  in U.S. currency.
(b) No part of
				  the fee will be refunded.
(c)
				  Failure to pay the application fees required by these Rules shall cause the
				  application to be deemed not filed. If the check payable for the application
				  fee is not honored upon presentment for any reason other than error of the
				  bank, the application will be deemed not filed. All checks presented to the Bar
				  for any fees which are not honored upon presentment will be returned to the
				  applicant, who shall pay the Bar in cash, cashier's check, certified check or
				  money order any fees payable to the Bar, along with a twenty dollar ($20.00)
				  additional fee for processing the dishonored check.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS › Section .0100 - FOREIGN LEGAL CONSULTANTS › Section 01F .0112 - PERMANENT RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
All information furnished to the Bar by an applicant shall
					 be deemed material, and all such information shall be and become a permanent
					 record of the Bar. Records, papers and other documents containing information
					 collected or compiled by the North Carolina State Bar and its members or
					 employees as a result of any investigation, application, inquiry or interview
					 conducted in connection with an application for certificate of registration are
					 not public records within the meaning of G.S. 132.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.