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 .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE › Section 01D .0203 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Subject to additional definitions contained in other
					 provisions of this subchapter, the following words and phrases, when used in
					 this subchapter, have the meanings set forth in this Rule, unless the context
					 clearly indicates otherwise.
(1)
				  Appellate division - the appellate division of the General Court of
				  Justice.
(2) Chairperson of the
				  Authorized Practice Committee - the councilor appointed to serve as chairperson
				  of the Authorized Practice Committee of the State Bar.
(3) Complainant or the complaining witness -
				  any person who has complained of the conduct of any person, firm or corporation
				  as relates to alleged unauthorized practice of law.
(4) Complaint - a formal pleading filed in
				  the name of the North Carolina State Bar in the superior court against a
				  person, firm or corporation after a finding of probable cause.
(5) Council - the Council of the North
				  Carolina State Bar.
(6) Councilor -
				  a member of the Council of the North Carolina State Bar.
(7) Counsel - the counsel of the North
				  Carolina State Bar appointed by the council.
(8) Court or courts of this state - a court
				  authorized and established by the Constitution or laws of the state of North
				  Carolina.
(9) Defendant - any
				  person, firm or corporation against whom a complaint is filed after a finding
				  of probable cause.
(10)
				  Investigation - the gathering of information with respect to alleged
				  unauthorized practice of law.
(11)
				  Investigator - any person designated to assist in investigation of alleged
				  unauthorized practice of law.
(12)
				  Letter of notice - a communication to an accused individual or corporation
				  setting forth the substance of alleged conduct involving unauthorized practice
				  of law.
(13) Office of the counsel
				  - the office and staff maintained by the counsel of the North Carolina State
				  Bar.
(14) Office of the secretary -
				  the office and staff maintained by the secretary of the North Carolina State
				  Bar.
(15) Party - after a complaint
				  has been filed, the North Carolina State Bar as plaintiff and the accused
				  individual or corporation as defendant.
(16) Plaintiff - after a complaint has been
				  filed, the North Carolina State Bar.
(17) Preliminary Hearing - hearing by the
				  Authorized Practice Committee to determine whether probable cause
				  exists.
(18) Probable Cause - a
				  finding by the Authorized Practice Committee that there is reasonable cause to
				  believe that a person or corporation has engaged in the unauthorized practice
				  of law justifying legal action against such person or corporation.
(19) Secretary - the secretary of the North
				  Carolina State Bar.
(20) Supreme
				  Court - the Supreme Court of North Carolina.
Authority
					 G.S.
					 84-37;
Readopted Eff. December 8,
					 1994;
Amended October 6, 2004; February 3,
					 2000.