reglab/statecodes huggingface dataset:
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 .0113 - DENIAL; RE-APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
No new application or petition for reconsideration of a
					 previous application from an applicant who has been denied a certificate of
					 registration as a foreign legal consultant shall be considered by the Bar
					 within a period of three years next after the date of such denial unless, for
					 good cause shown, permission for reapplication or petition for a
					 reconsideration is granted by the Bar.
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 G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this plan for certification of paralegals
					 (plan) is to assist in the delivery of legal services to the public by
					 identifying individuals who are qualified by education and training and have
					 demonstrated knowledge, skill, and proficiency to perform substantive legal
					 work under the direction and supervision of a licensed lawyer, and including
					 any individual who may be otherwise authorized by applicable state or federal
					 law to provide legal services directly to the public; and to improve the
					 competency of those individuals by establishing mandatory continuing legal
					 education and other requirements of certification.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0102 - JURISDICTION: AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Council of the North Carolina State Bar (the council)
					 with the approval of the Supreme Court of North Carolina hereby establishes the
					 Board of Paralegal Certification (board), which board shall have jurisdiction
					 over the certification of paralegals in North Carolina.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0103 - OPERATIONAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The responsibility for operating the paralegal
					 certification program rests with the board, subject to the statutes governing
					 the practice of law, the authority of the council and the rules of governance
					 of the board.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0104 - SIZE AND COMPOSITION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall have nine members, five of whom must be
					 lawyers in good standing and authorized to practice law in the state of North
					 Carolina. One of the members who is a lawyer shall be a program director at a
					 qualified paralegal studies program. Four members of the board shall be
					 paralegals certified under the plan, provided, however, that the paralegals
					 appointed to the inaugural board shall be exempt from this requirement during
					 their initial and successive terms but each such member shall be eligible,
					 during the shorter of such initial term or the alternative qualification
					 period, for certification by the board upon the board's determination that the
					 member meets the requirements for certification in Rule
					 .0119(b).
Authority
					 G.S.
					 84-23;
Adopted Eff. October 6,
					 2004;
Amended Eff. March 2,
					 2006.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0105 - APPOINTMENT OF MEMBERS; WHEN; REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Appointment. The council shall appoint the members of the board, provided,
				  however, after the appointment of the initial members of the board, each
				  paralegal member appointed for an initial term shall be selected by the council
				  from two nominees determined by a vote by mail or online of all active
				  certified paralegals in an election conducted by the board.
(b) Procedure for Nomination of Candidates
				  for Paralegal Members.
(1) Composition of
				  Nominating Committee. At least 60 days prior to a meeting of the council at
				  which one or more paralegal members of the board are subject to appointment for
				  a full three year term, the board shall appoint a nominating committee
				  comprised of certified paralegals as follows:
(i) A representative selected by the North
				  Carolina Paralegal Association;
(ii) A representative selected by the North
				  Carolina Bar Association Paralegal Division;
(iii) A representative selected by the North
				  Carolina Advocates for Justice Legal Assistants Division;
(iv) Three representatives from three local
				  or regional paralegal organizations to be selected by the board; and
(v) An independent paralegal (not employed by
				  a law firm, government entity, or legal department) to be selected by the
				  board.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0106 - TERM OF OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
Subject to Rule .0107 of this Subchapter, each member of
					 the board shall serve for a term of three years beginning as of the first day
					 of the month following the date on which the council appoints the
					 member.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0107 - STAGGERED TERMS

Current through Register Vol. 39, No. 2, July 15, 2024
The members of the board shall be appointed to staggered
					 terms such that three members are appointed in each year. Of the initial board,
					 three members (one lawyer and two paralegals) shall be appointed to terms of
					 one year; three members (two lawyers and one paralegal) shall be appointed to
					 terms of two years; and three members (two lawyers and one paralegal) shall be
					 appointed to terms of three years. Thereafter, three members (lawyers or
					 paralegals as necessary to fill expired terms) shall be appointed in each year
					 for full three year terms.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0108 - SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
Each member of the board shall be entitled to serve for one
					 full three-year term and to succeed himself or herself for one additional
					 three-year term. Each certified paralegal member shall be eligible for
					 reappointment by the council at the end of his or her term without appointment
					 of a nominating committee or vote of all active paralegals as would be
					 otherwise required by Rule .0105 of this subchapter. Thereafter, no person may
					 be reappointed without having been off of the board for at least three
					 years.
Authority
					 G.S.
					 84-23;
Adopted Eff. October 6,
					 2004;
Amended Eff. March 6,
					 2014.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0109 - APPOINTMENT OF CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The council shall appoint the chairperson of the board from
					 among the lawyer members of the board. The term of the chairperson shall be one
					 year. The chairperson may be reappointed thereafter during his or her tenure on
					 the board. The chairperson shall preside at all meetings of the board, shall
					 prepare and present to the council the annual report of the board, and
					 generally shall represent the board in its dealings with the public.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0110 - APPOINTMENT OF VICE-CHAIRPERSON

Current through Register Vol. 39, No. 2, July 15, 2024
The council shall appoint the vice-chairperson of the board
					 from among the members of the board. The term of the vice-chairperson shall be
					 one year. The vice-chairperson may be reappointed thereafter during his or her
					 tenure on the board. The vice-chairperson shall preside at and represent the
					 board in the absence of the chairperson and shall perform such other duties as
					 may be assigned to him or her by the chairperson or by the
					 board.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0111 - SOURCE OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Funding for the program carried out by the board shall come
					 from such application fees, examination fees, annual fees or recertification
					 fees as the board, with the approval of the council, may
					 establish.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0112 - FISCAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
All funds of the board shall be considered funds of the
					 North Carolina State Bar and shall be administered and disbursed
					 accordingly.
(1) Maintenance of
				  Accounts: Audit - The North Carolina State Bar shall maintain a separate
				  account for funds of the board such that such funds and expenditures there from
				  can be readily identified. The accounts of the board shall be audited on an
				  annual basis in connection with the audits of the North Carolina State
				  Bar.
(2) Investment Criteria - The
				  funds of the board shall be handled, invested and reinvested in accordance with
				  investment policies adopted by the council for the handling of dues, rents and
				  other revenues received by the North Carolina State Bar in carrying out its
				  official duties.
(3) Disbursement -
				  Disbursement of funds of the board shall be made by or under the direction of
				  the secretary-treasurer of the North Carolina State Bar.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0113 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The board by resolution may set regular meeting dates and
					 places. Special meetings of the board may be called at any time upon notice
					 given by the chairperson. Notice of meeting shall be given at least one day
					 prior to the meeting by mail, electronic mail, telegram, facsimile
					 transmission, or telephone. A quorum of the board for conducting its official
					 business shall be five or more of the members serving at the time of the
					 meeting.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0114 - ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
The board shall prepare a report of its activities for the
					 preceding year and shall present the same at the annual meeting of the
					 council.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0115 - POWERS AND DUTIES OF THE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Subject to the general jurisdiction of the council and the
					 North Carolina Supreme Court, the board shall have jurisdiction of all matters
					 pertaining to certification of paralegals and shall have the power and
					 duty
(1) to administer the plan of
				  certification for paralegals;
(2)
				  to appoint, supervise, act on the recommendations of, and consult with
				  committees as appointed by the board or the chairperson;
(3) to certify paralegals or deny, suspend or
				  revoke the certification of paralegals;
(4) to establish and publish procedures,
				  rules, regulations, and bylaws to implement this plan;
(5) to propose and request the council to
				  make amendments to this plan whenever appropriate;
(6) to cooperate with other boards or
				  agencies in enforcing standards of professional conduct;
(7) to evaluate and approve continuing legal
				  education courses for the purpose of meeting the continuing legal education
				  requirements established by the board for the certification of
				  paralegals;
(8) to cooperate with
				  other organizations, boards and agencies engaged in the recognition, education
				  or regulation of paralegals; and
(9) to set fees, with the approval of the
				  council, and to, in appropriate circumstances, waive such fees.
Authority
					 G.S.
					 84-23;
Adopted Eff. October 6,
					 2004;
Amended Eff. March 2,
					 2006.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0116 - RETAINED JURISDICTION OF THE COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
The council retains jurisdiction with respect to the
					 following matters:
(1) amending this
				  plan;
(2) hearing appeals taken
				  from actions of the board;
(3)
				  establishing or approving fees to be charged in connection with the
				  plan;
(4) regulating the conduct of
				  lawyers in the supervision of paralegals; and
(5) determining whether to pursue injunctive
				  relief as authorized by
				  G. S.
				  84-37 against persons acting in violation of
				  this plan.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0117 - CONFERRED AND LIMITATIONS IMPOSED

Current through Register Vol. 39, No. 2, July 15, 2024
The board in the implementation of this plan shall not
					 alter the following privileges and responsibilities of lawyers and their
					 non-lawyer assistants.
(1) No rule
				  shall be adopted which shall in any way limit the right of a lawyer to delegate
				  tasks to a non-lawyer assistant or to employ any person to assist him or her in
				  the practice of law.
(2) No person
				  shall be required to be certified as a paralegal to be employed by a lawyer to
				  assist the lawyer in the practice of law.
(3) All requirements for and all benefits to
				  be derived from certification as a paralegal are individual and may not be
				  fulfilled by nor attributed to the law firm or other organization or entity
				  employing the paralegal.
(4) Any
				  person certified as a paralegal under this plan shall be entitled to represent
				  that he or she is a "North Carolina Certified Paralegal (NCCP)", a "North
				  Carolina State Bar Certified Paralegal (NCSB/CP)" or a "Paralegal Certified by
				  the North Carolina State Bar Board of Paralegal Certification."
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0119 - STANDARDS FOR CERTIFICATION OF PARALEGALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  qualify for certification as a paralegal, an applicant must pay any required
				  fee, and comply with the following standards:
(1) Education. The applicant must have earned
				  one of the following:
(A) an associate's,
				  bachelor's, or master's degree from a qualified paralegal studies
				  program;
(B) a certificate from a
				  qualified paralegal studies program and an associate's or bachelor's degree in
				  any discipline from any institution of post-secondary education that is
				  accredited by an accrediting body recognized by the United States Department of
				  Education (an accredited US institution) or an equivalent degree from a foreign
				  educational institution if the degree is determined to be equivalent to a
				  degree from an accredited US institution by an organization that is a member of
				  the National Association of Credential Evaluation Services (NACES) or the
				  Association of International Credentials Evaluators (AICE); or
(C) a juris doctorate degree from a law
				  school accredited by the American Bar Association.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0120 - STANDARDS FOR CONTINUED CERTIFICATION OF PARALEGALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The period of certification as a paralegal shall be one year. During such
				  period the board may require evidence from the paralegal of his or her
				  continued qualification for certification as a paralegal, and the paralegal
				  must consent to inquiry by the board regarding the paralegal's continued
				  competence and qualification to be certified. Application for and approval of
				  continued certification shall be required annually prior to the end of each
				  certification period. To qualify for continued certification as a paralegal, an
				  applicant must demonstrate participation in not less than six hours of credit
				  in board approved continuing legal education, or its equivalent, during the
				  year within which the application for continued certification is
				  made.
(b) Upon written request of
				  the paralegal, the board may for good cause shown waive strict compliance by
				  such paralegal with the criteria relating to continuing legal education, as
				  those requirements are set forth in Rule .0120(a).
(c) A late fee of twenty-five dollars
				  ($25.00) will be charged to any certified paralegal who fails to file the
				  renewal application within 45 days of the due date; provided, however, a
				  renewal application will not be accepted more than 90 days after the due date.
				  Failure to renew shall result in lapse of certification.
Authority
					 G.S.
					 84-23;
Eff. October 6,
					 2004;
Amended Eff. October 8,
					 2009.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0121 - LAPSE, SUSPENSION OR REVOCATION OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The board may suspend or revoke its certification of a paralegal, after hearing
				  before the board on appropriate notice, upon a finding that
(1) the certification was made contrary to
				  the rules and regulations of the board;
(2) the individual certified as a paralegal
				  made a false representation, omission or misstatement of material fact to the
				  board;
(3) the individual certified
				  as a paralegal failed to abide by all rules and regulations promulgated by the
				  board;
(4) the individual certified
				  as a paralegal failed to pay the fees required;
(5) the individual certified as a paralegal
				  no longer meets the standards established by the board for the certification of
				  paralegals;
(6) the individual is
				  not eligible for certification on account of one or more of the grounds set
				  forth in Rule .0119(c); or
(7) the
				  individual violated the confidentiality agreement relative to the questions on
				  the certification examination.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0100 - THE PLAN FOR CERTIFICATION OF PARALEGALS › Section 01G .0123 - INACTIVE STATUS UPON DEMONSTRATION OF HARDSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Inactive Status. The board shall transfer a certified paralegal to inactive
				  status upon receipt of a petition, on a form approved by the board,
				  demonstrating hardship as defined in Paragraph (b) of this Rule and upon
				  payment of any fees owed to the board at the time of the petition unless waived
				  by the board.
(1) The period of inactive
				  status shall be one year from the designated renewal date.
(2) On or before the expiration of inactive
				  status, a paralegal on inactive status must file a petition for (continued)
				  inactive status or seek reinstatement to active status by filing a renewal
				  application pursuant to Rule .0120 of this Subchapter. Failure to petition for
				  continued inactive status or renewal shall result in lapse of
				  certification.
(3) A paralegal may
				  be inactive for not more than a total of five consecutive years.
(4) During a period of inactive status, a
				  paralegal is not required to pay the renewal fee or to complete continuing
				  legal education.
(5) During a
				  period of inactive status, a paralegal shall not be entitled to represent that
				  he or she is a North Carolina certified paralegal or to use any of the
				  designations set forth in Rule .0117(4) of this Subchapter.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0200 - RULES GOVERNING CONTINUING PARALEGAL EDUCATION › Section 01G .0201 - CONTINUING PARALEGAL EDUCATION (CPE)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each active
				  certified paralegal subject to these rules shall complete 6 hours of approved
				  continuing education during each year of certification.
(b) Of the 6 hours, at least 1 hour shall be
				  devoted to the areas of professional responsibility or professionalism or any
				  combination thereof.
(1) A professional
				  responsibility course or segment of a course shall be devoted to (1) the
				  substance, the underlying rationale, and the practical application of the Rules
				  of Professional Conduct; (2) the professional obligations of the lawyer to the
				  client, the court, the public, and other lawyers, and the paralegal's role in
				  assisting the lawyer to fulfill those obligations; (3) the effects of substance
				  abuse and chemical dependency, or debilitating mental condition on a lawyer's
				  or a paralegal's professional responsibilities; or (4) the effects of stress on
				  a paralegal's professional responsibilities.
(2) A professionalism course or segment of a
				  course shall be devoted to the identification and examination of, and the
				  encouragement of adherence to, non-mandatory aspirational standards of
				  professional conduct that transcend the requirements of the Rules of
				  Professional Conduct. Such courses address principles of competence and
				  dedication to the service of clients, civility, improvement of the justice
				  system, advancement of the rule of law, and service to the community.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0200 - RULES GOVERNING CONTINUING PARALEGAL EDUCATION › Section 01G .0203 - GENERAL COURSE APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Approval - Continuing education activities, not otherwise approved or
				  accredited by the North Carolina State Bar Board of Continuing Legal Education,
				  may be approved upon the written application of a sponsor, or of a certified
				  paralegal on an individual program basis. An application for continuing
				  paralegal education (CPE) approval shall meet the following requirements:
(1) If advance approval is requested by a
				  sponsor, the application and supporting documentation (
i.e.
,
				  the agenda with timeline, speaker information and a description of the written
				  materials) shall be submitted at least 45 days prior to the date on which the
				  course or program is scheduled. If advance approval is requested by a certified
				  paralegal, the application need not include a complete set of supporting
				  documentation.
(2) If more than
				  five certified paralegals request approval of a particular program, either in
				  advance of the date on which the course or program is scheduled or subsequent
				  to that date, the program will not be accredited unless the sponsor applies for
				  approval of the program and pays the accreditation fee set forth in Rule
				  .0204.
(3) In all other cases, the
				  application and supporting documentation shall be submitted not later than 45
				  days after the date the course or program was presented.
(4) The application shall be submitted on a
				  form furnished by the Board of Paralegal Certification.
(5) The application shall contain all
				  information requested on the form.
(6) The application shall be accompanied by a
				  course outline or brochure that describes the content, identifies the teachers,
				  lists the time devoted to each topic and shows each date and location at which
				  the program will be offered.
(7)
				  The application shall include a detailed calculation of the total continuing
				  paralegal education (CPE) hours and the hours of professional responsibility
				  for the program.
(8) If the sponsor
				  has not received notice of accreditation within 15 days prior to the scheduled
				  date of the program, the sponsor should contact the Board of Paralegal
				  Certification via telephone or e-mail.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0200 - RULES GOVERNING CONTINUING PARALEGAL EDUCATION › Section 01G .0204 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Accredited Program Fee - Sponsors seeking accreditation for
					 a particular program (whether or not the sponsor itself is accredited by the
					 North Carolina State Bar Board of Continuing Legal Education), that has not
					 already been approved or accredited by the North Carolina State Bar Board of
					 Continuing Legal Education, shall pay a non-refundable fee of $75. However, no
					 fee shall be charged for any program that is offered without charge to
					 attendees. All programs must be approved in accordance with Rule .0203(1). An
					 accredited program may be advertised by the sponsor in accordance with Rule
					 .0203(2).
Authority
					 G.S.
					 84-23;
Eff. August 18,
					 2005;
Amended Eff. June 9,
					 2016.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter G › Section .0200 - RULES GOVERNING CONTINUING PARALEGAL EDUCATION › Section 01G .0205 - COMPUTATION OF HOURS OF INSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Hours
				  of continuing paralegal education (CPE) will be computed by adding the number
				  of minutes of actual instruction, dividing by 60 and rounding the results to
				  the nearest one-tenth of an hour.
(b) Only actual instruction will be included
				  in computing the total hours. The following will be excluded:
(1) introductory remarks;
(2) breaks;
(3) business meetings.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter H - REGISTRATION OF ATTORNEYS APPEARING PRO HAC VICE › Section 01H .0101 - REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever an out-of-state attorney (the
				admittee) is admitted to practice pro hac vice pursuant to
				G.S.
				84-4.1, it shall be the responsibility of the
				member of the North Carolina State Bar who is associated in the matter (the
				responsible attorney) to file with the secretary a complete registration
				statement verified by the admittee. This registration statement must be
				submitted within 30 days of the court's order admitting the admittee upon a
				form approved by the Council of the North Carolina State Bar.
(b) Failure of the responsible attorney to
				file the registration statement in a timely fashion shall be grounds for
				administrative suspension from the practice of law in North Carolina pursuant
				to the procedures set forth in Rule .0903 of subchapter D of these
				rules.
(c) Whenever it appears that
				a registration statement required by paragraph (a) above has not been filed in
				a timely fashion, notice of such apparent failure shall be sent by the
				secretary to the court in which the admittee was admitted pro hac vice for such
				action as the court deems appropriate.
Authority
				  G.S.
				  84-23;
Adopted Eff. March 2,
				  2006.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.02 - SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subject to paragraphs (c) and (d), a
				lawyer shall abide by a client's decisions concerning the objectives of
				representation and, as required by Rule 1.4, shall consult with the client as
				to the means by which they are to be pursued. A lawyer may take such action on
				behalf of the client as is impliedly authorized to carry out the
				representation.
(1) A lawyer shall abide by a
				client's decision whether to settle a matter. In a criminal case, the lawyer
				shall abide by the client's decision, after consultation with the lawyer, as to
				a plea to be entered, whether to waive jury trial and whether the client will
				testify.
(2) A lawyer does not
				violate this rule by acceding to reasonable requests of opposing counsel that
				do not prejudice the rights of a client, by being punctual in fulfilling all
				professional commitments, by avoiding offensive tactics, or by treating with
				courtesy and consideration all persons involved in the legal process.
(3) In the representation of a client, a
				lawyer may exercise his or her professional judgment to waive or fail to assert
				a right or position of the client.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.04 - COMMUNICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A lawyer shall:
(1) promptly inform the client of any
				decision or circumstance with respect to which the client's informed consent,
				as defined in Rule 1.0(f), is required by these Rules;
(2) reasonably consult with the client about
				the means by which the client's objectives are to be accomplished;
(3) keep the client reasonably informed about
				the status of the matter;
(4)
				promptly comply with reasonable requests for information; and
(5) consult with the client about any
				relevant limitation on the lawyer's conduct when the lawyer knows that the
				client expects assistance not permitted by the Rules of Professional Conduct or
				other law.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.05 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A lawyer shall not make an agreement for,
				charge, or collect an illegal or clearly excessive fee or charge or collect a
				clearly excessive amount for expenses. The factors to be considered in
				determining whether a fee is clearly excessive include the following:
(1) the time and labor required, the novelty
				and difficulty of the questions involved, and the skill requisite to perform
				the legal service properly;
(2) the
				likelihood, if apparent to the client, that the acceptance of the particular
				employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the
				locality for similar legal services;
(4) the amount involved and the results
				obtained;
(5) the time limitations
				imposed by the client or by the circumstances;
(6) the nature and length of the professional
				relationship with the client;
(7)
				the experience, reputation, and ability of the lawyer or lawyers performing the
				services; and
(8) whether the fee
				is fixed or contingent.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.06 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer shall not reveal information acquired during the professional
				relationship with a client unless the client gives informed consent, the
				disclosure is impliedly authorized in order to carry out the representation or
				the disclosure is permitted by paragraph (b).
(b) A lawyer may reveal information protected
				from disclosure by paragraph (a) to the extent the lawyer reasonably believes
				necessary:
(1) to comply with the Rules of
				Professional Conduct, the law or court order;
(2) to prevent the commission of a crime by
				the client;
(3) to prevent
				reasonably certain death or bodily harm;
(4) to prevent, mitigate, or rectify the
				consequences of a client's criminal or fraudulent act in the commission of
				which the lawyer's services were used;
(5) to secure legal advice about the lawyer's
				compliance with these Rules;
(6) to
				establish a claim or defense on behalf of the lawyer in a controversy between
				the lawyer and the client; to establish a defense to a criminal charge or civil
				claim against the lawyer based upon conduct in which the client was involved;
				or to respond to allegations in any proceeding concerning the lawyer's
				representation of the client;
(7)
				to comply with the rules of a lawyers' or judges' assistance program approved
				by the North Carolina State Bar or the North Carolina Supreme Court;
				or
(8) to detect and resolve
				conflicts of interest arising from the lawyer's change of employment or from
				changes in the composition or ownership of a firm, but only if the revealed
				information would not compromise the attorney-client privilege or otherwise
				prejudice the client.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.07 - CONFLICT OF INTEREST: CURRENT CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				as provided in paragraph (b), a lawyer shall not represent a client if the
				representation involves a concurrent conflict of interest. A concurrent
				conflict of interest exists if:
(1) the
				representation of one client will be directly adverse to another client; or
(2) the representation of one or
				more clients may be materially limited by the lawyer's responsibilities to
				another client, a former client, or a third person, or by a personal interest
				of the lawyer.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.08 - CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer shall not enter into a business transaction with a client or knowingly
				acquire an ownership, possessory, security or other pecuniary interest directly
				adverse to a client unless:
(1) the
				transaction and terms on which the lawyer acquires the interest are fair and
				reasonable to the client and are fully disclosed and transmitted in writing in
				a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the
				desirability of seeking and is given a reasonable opportunity to seek the
				advice of independent legal counsel on the transaction; and
(3) the client gives informed consent, in a
				writing signed by the client, to the essential terms of the transaction and the
				lawyer's role in the transaction, including whether the lawyer is representing
				the client in the transaction.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.09 - DUTIES TO FORMER CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				lawyer who has formerly represented a client in a matter shall not thereafter
				represent another person in the same or a substantially related matter in which
				that person's interests are materially adverse to the interests of the former
				client unless the former client gives informed consent, confirmed in
				writing.
(b) A lawyer shall not
				knowingly represent a person in the same or a substantially related matter in
				which a firm with which the lawyer formerly was associated had previously
				represented a client
(1) whose interests are
				materially adverse to that person; and
(2) about whom the lawyer had acquired
				information protected by Rules 1.6 and 1.9(c) that is material to the matter;
unless the former client gives informed consent, confirmed in
				  writing.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.10 - IMPUTATION OF CONFLICTS OF INTEREST: GENERAL RULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) While
				lawyers are associated in a firm, none of them shall knowingly represent a
				client when any one of them practicing alone would be prohibited from doing so
				by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of
				the prohibited lawyer, including a prohibition under Rule 6.6, and the
				prohibition does not present a significant risk of materially limiting the
				representation of the client by the remaining lawyers in the firm.
(b) When a lawyer has terminated an
				association with a firm, the firm is not prohibited from thereafter
				representing a person with interests materially adverse to those of a client
				represented by the formerly associated lawyer and not currently represented by
				the firm, unless:
(1) the matter is the same
				or substantially related to that in which the formerly associated lawyer
				represented the client; and
(2) any
				lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c)
				that is material to the matter.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.11 - SPECIAL CONFLICTS OF INTEREST FOR FORMER AND CURRENT GOVERNMENT OFFICERS AND EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as law may otherwise expressly
				permit, a lawyer who has formerly served as a public officer or employee of the
				government:
(1) is subject to Rule 1.9(c);
				and
(2) shall not otherwise
				represent a client in connection with a matter in which the lawyer participated
				personally and substantially as a public officer or employee, unless the
				appropriate government agency gives its informed consent, confirmed in writing,
				to the representation.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.12 - FORMER JUDGE, ARBITRATOR, MEDIATOR OR OTHER THIRD-PARTY NEUTRAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as stated in paragraph (d), a
				lawyer shall not represent anyone in connection with a matter in which the
				lawyer participated personally and substantially as a judge or other
				adjudicative officer or law clerk to such a person or as an arbitrator,
				mediator or other third-party neutral, unless all parties to the proceeding
				give informed consent, confirmed in writing.
(b) A lawyer shall not negotiate for
				employment with any person who is involved as a party or as lawyer for a party
				in a matter in which the lawyer is participating personally and substantially
				as a judge or other adjudicative officer or as an arbitrator, mediator or other
				third-party neutral. A lawyer serving as a law clerk to a judge or other
				adjudicative officer may negotiate for employment with a party or lawyer
				involved in a matter in which the clerk is participating personally and
				substantially, but only after the lawyer has notified the judge or other
				adjudicative officer.
(c) If a
				lawyer is disqualified by paragraph (a), no lawyer in a firm with which that
				lawyer is associated may knowingly undertake or continue representation in the
				matter unless:
(1) the disqualified lawyer is
				timely screened from any participation in the matter; and
(2) written notice is promptly given to the
				parties and any appropriate tribunal to enable them to ascertain compliance
				with the provisions of this rule.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.15-3 - RECORDS AND ACCOUNTINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Check
				Format. All general trust accounts, dedicated trust accounts, and fiduciary
				accounts must use business-size checks that contain an Auxiliary On-Us field in
				the MICR line of the check.
(b)
				Minimum Records for Accounts at Banks. The minimum records required for general
				trust accounts, dedicated trust accounts, and fiduciary accounts maintained at
				a bank shall consist of the following:
(1) all
				records listing the source and date of receipt of any funds deposited in the
				account including, but not limited to, bank receipts, deposit slips and wire
				and electronic transfer confirmations, and, in the case of a general trust
				account, all records also listing the name of the client or other person to
				whom the funds belong;
(2) all
				canceled checks or other items drawn on the account, or digital images thereof
				furnished by the bank, showing the amount, date, and recipient of the
				disbursement, and, in the case of a general trust account, the client name,
				file number, or other identifying information of the client from whose balance
				each item is drawn, provided, that:
(A)
				digital images must be legible reproductions of the front and back of the
				original items with no more than six images per page and no images smaller than
				1-3/16 x 3 inches; and
(B) the bank
				must maintain, for at least six years, the capacity to reproduce electronically
				additional or enlarged images of the original items or records related thereto
				upon request within a reasonable time.
(3) all instructions or authorizations to
				transfer, disburse, or withdraw funds from the trust account (including
				electronic transfers or debits), or a written or electronic record of any such
				transfer, disbursement, or withdrawal showing the amount, date, and recipient
				of the transfer or disbursement, and, in the case of a general trust account,
				also showing the name of the client or other person to whom the funds
				belong;
(4) all bank statements and
				other documents received from the bank with respect to the trust account,
				including, but not limited to notices of return or dishonor of any item drawn
				on the account against insufficient funds;
(5) in the case of a general trust account, a
				ledger containing a record of receipts and disbursements for each person or
				entity from whom and for whom funds are received and showing the current
				balance of funds held in the trust account for each such person or entity;
				and
(6) any other records required
				by law to be maintained for the trust account.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.15-4 - TRUST ACCOUNT MANAGEMENT IN A MULTI-MEMBER FIRM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Trust Account Oversight Officer (TAOO).
				Lawyers in a law firm of two or more lawyers may designate a partner in the
				firm to serve as the trust account oversight officer (TAOO) for any general
				trust account into which more than one firm lawyer deposits trust funds. The
				TAOO and the partners of the firm, or those with comparable managerial
				authority (managing lawyers), shall agree in writing that the TAOO will oversee
				the administration of any such trust account in conformity with the
				requirements of Rule 1.15, including, specifically, the requirements of this
				Rule 1.15-4. More than one partner may be designated as a TAOO for a law
				firm.
(b) Limitations on
				Delegation. Designation of a TAOO does not relieve any lawyer in the law firm
				of responsibility for the following:
(1)
				oversight of the administration of any dedicated trust account or fiduciary
				account that is associated with a legal matter for which the lawyer is primary
				legal counsel or with the lawyer's performance of professional fiduciary
				services; and
(2) review of the
				disbursement sheets or statements of costs and receipts, client ledgers, and
				trust account balances for those legal matters for which the lawyer is primary
				legal counsel.