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 .0100 - PROCEDURES FOR RULING ON QUESTIONS OF LEGAL ETHICS › Section 01D .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Assistant executive director" shall mean
				  the assistant executive director of the Bar.
(b) "Attorney" shall mean any active member
				  of the Bar.
(c) "Bar" shall mean
				  the North Carolina State Bar.
(d)
				  "Chairperson" shall mean the chairperson, or in his or her absence, the
				  vice-chairperson of the Ethics Committee of the Bar.
(e) "Committee" shall mean the Ethics
				  Committee of the Bar.
(f) "Council"
				  shall mean the council of the Bar.
(g) "Ethics advisory" shall mean legal ethics
				  opinion issued in writing by the executive director, the assistant executive
				  director, or a designated member of the Bar's staff counsel. All ethics
				  advisories shall be subsequently reviewed and approved, withdrawn or modified
				  by the committee. Ethics advisories shall be designated by the letters "EA",
				  numbered by year and order of issuance, and kept on file at the Bar.
(h) "Ethics decision" shall mean a written
				  ethics opinion issued by the council in response to a request for an ethics
				  opinion which, because of its special facts or for other reasons, does not
				  warrant issuance of a formal ethics opinion. Ethics decisions shall be
				  designated by the letters "ED," numbered by year and order of issuance, and
				  kept on file at the Bar.
(i)
				  "Executive director" shall mean the executive director of the Bar.
(j) "Formal ethics opinion" shall mean a
				  published opinion issued by the council to provide ethical guidance for
				  attorneys and to establish a principle of ethical conduct. A formal ethics
				  opinion adopted under the Revised Rules of Professional Conduct (effective July
				  24, 1997, and as comprehensively revised in 2003) shall be designated as a
				  "Formal Ethics Opinion" and numbers by year and order of issuance. Formal
				  ethics opinions adopted under the repealed Rules of Professional Conduct
				  (effective October 7, 1985 to July 23, 1997) are designated by the letters
				  "RPC" numbered serially. Formal ethics opinions adopted under the repealed Code
				  of Professional Conduct (effective January 1, 1974 to October 6, 1985) are
				  designated by the letters "CPR" and numbered serially. Formal ethics opinion
				  adopted under the repealed Rules of Professional Conduct and the repealed Code
				  of Professional Conduct are binding unless overruled by a provision of the
				  Bar's current code of ethics, a revision of the rule of ethics upon which the
				  opinion is based, or a subsequent formal ethics opinion on point.
(k) "Grievance Committee" shall mean the
				  Grievance Committee of the Bar.
(l)
				  "Informal ethics advisory" shall mean an informal ethics opinion communicated
				  orally or via electronic mail by the executive director, the assistant
				  executive director, or a designated member of the Bar's Legal staff counsel. A
				  written record documenting the name of the inquiring attorney, the date of the
				  informal ethics advisory, and the substance of the advice given shall be kept
				  on file at the Bar. An informal ethics advisory is not binding upon the Bar in
				  a subsequent disciplinary proceeding.
(m) "President" shall mean the president of
				  the Bar, or, in his or her absence, the presiding officer of the
				  council.
(n) "Published" shall mean
				  published for comment in the North Carolina State Bar Newsletter (prior to fall
				  1996), the North Carolina State Bar Journal (fall of 1996 and thereafter) or
				  other appropriate publications of the North Carolina State Bar.
(o) "Revised Rules of Professional Conduct"
				  shall mean the code of ethics of the Bar effective July 24, 1997, and as
				  comprehensively revised in 2003.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 5, 2004; March 5,
					 1998.