reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0124 - NOTICE TO MEMBER OF ACTION AND DISMISSAL

Current through Register Vol. 39, No. 2, July 15, 2024
In every disciplinary case wherein the respondent has
					 received a letter of notice and the grievance has been dismissed, the
					 respondent will be notified of the dismissal by a letter by the chairperson of
					 the Grievance Committee. The chairperson will have discretion to give similar
					 notice to the respondent in cases wherein a letter of notice has not been
					 issued but the chairperson deems such notice to be
					 appropriate.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22,
					 2016.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0125 - NOTICE TO COMPLAINANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  of Discipline - If the Grievance Committee finds probable cause and imposes
				  discipline, the chairperson of the Grievance Committee will notify the
				  complainant of the action of the committee.
(b) Referral for Disciplinary Commission
				  Hearing - If the Grievance Committee finds probable cause and refers the matter
				  to the commission, the chairperson of the Grievance Committee will advise the
				  complainant that the grievance has been received and considered and has been
				  referred to the commission for hearing.
(c) Notice of Dismissal - If the Grievance
				  Committee finds that there is no probable cause to believe that misconduct
				  occurred and votes to dismiss a grievance, the chairperson of the Grievance
				  Committee will advise the complainant that the committee did not find probable
				  cause to justify imposing discipline and dismissed the grievance.
(d) Notice of Letter of Caution or Letter of
				  Warning - If final action on a grievance is taken by the Grievance Committee in
				  the form of a letter of caution or a letter of warning, the chairperson of the
				  Grievance Committee will so advise the complainant. The communication to the
				  complainant will explain that the letter of caution or letter of warning is not
				  a form of discipline.
(e) Referral
				  to Board of Continuing Legal Education - If a grievance is referred to the
				  Board of Continuing Legal Education, the chairperson of the Grievance Committee
				  will advise the complainant of that fact and the reason for the referral. If
				  the respondent successfully completes the prescribed training and the grievance
				  is dismissed, the chairperson of the Grievance Committee will advise the
				  complainant. If the respondent does not successfully complete the prescribed
				  course of training, the chairperson of the Grievance Committee will advise the
				  complainant that investigation of the original grievance has resumed.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22, 2016;
					 March 7, 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0126 - APPOINTMENT OF COUNSEL TO PROTECT CLIENTS' INTERESTS WHEN ATTORNEY DISAPPEARS, DIES, OR IS TRANSFERRED TO DISABILITY INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Appointment by Senior Resident Judge -
				  Whenever a member of the North Carolina State Bar has been transferred to
				  disability inactive status, disappears, or dies and no partner or other member
				  of the North Carolina State Bar capable of protecting the interests of the
				  attorney's clients is known to exist, the senior resident judge of the superior
				  court in the district of the member's most recent address on file with the
				  North Carolina State Bar, if it is in this state, will be requested by the
				  secretary to appoint an attorney or attorneys to inventory the files of the
				  member and to take action to protect the interests of the member and his or her
				  clients.
(b) Disclosure of Client
				  Information - Any member so appointed will not be permitted to disclose any
				  information contained in any files inventoried without the consent of the
				  client to whom such files relate except as necessary to carry out the order of
				  the court which appointed the attorney to make such inventory.
Authority
					 G.S.
					 84-23;
					 84-28(j);
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme
					 Court: September 22, 2016.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0127 - IMPOSITION OF DISCIPLINE; FINDINGS OF INCAPACITY OR DISABILITY; NOTICE TO COURTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Imposition of Discipline - Upon the final
				  determination of a disciplinary proceeding wherein discipline is imposed, one
				  of the following actions will be taken:
(1)
				  Admonition - An admonition will be prepared by the chairperson of the Grievance
				  Committee or the chairperson of the hearing panel depending upon the agency
				  ordering the admonition. The admonition will be served upon the defendant. The
				  admonition will not be recorded in the judgment docket of the North Carolina
				  State Bar. Where the admonition is imposed by the Grievance Committee, the
				  complainant will be notified that the defendant has been admonished, but will
				  not be entitled to a copy of the admonition. An order of admonition imposed by
				  the commission will be a public document.
(2) Reprimand - The chairperson of the
				  Grievance Committee or chairperson of the hearing panel depending upon the body
				  ordering the discipline, will file an order of reprimand with the secretary,
				  who will record the order on the judgment docket of the North Carolina State
				  Bar and will forward a copy to the complainant.
(3) Censure, suspension, or disbarment - The
				  chairperson of the hearing panel will file the censure, order of suspension, or
				  disbarment with the secretary, who will record the order on the judgment docket
				  of the North Carolina State Bar and will forward a copy to the complainant. The
				  secretary will also cause a certified copy of the order to be entered upon the
				  judgment docket of the superior court of the county of the defendant's last
				  known address and of any county where the defendant maintains an office. A copy
				  of the censure, order of suspension, or disbarment will also be sent to the
				  North Carolina Court of Appeals, the North Carolina Supreme Court, the United
				  States District Courts in North Carolina, the Fourth Circuit Court of Appeals,
				  and to the United States Supreme Court. Censures imposed by the Grievance
				  Committee will be filed by the panel chairperson with the secretary. Notice of
				  the censure will be given to the complainant and to the courts in the same
				  manner as censures imposed by the commission.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0130 - ADDRESS OF RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
Except where otherwise specified, any provision herein for
					 notice to a respondent, member, petitioner, or a defendant will be deemed
					 satisfied by appropriate correspondence addressed to that attorney by mail to
					 the last address maintained by the North Carolina State Bar.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22,
					 2016.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0131 - DISQUALIFICATION DUE TO INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
No member of the council or hearing commission will
					 participate in any disciplinary matter involving the member, any partner, or
					 associate in the practice of law of the member, or in which the member has a
					 personal interest.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22,
					 2016.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0132 - TRUST ACCOUNTS; AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Investigative Subpoena for Reasonable Cause - For reasonable cause, the
				  chairperson of the Grievance Committee is empowered to issue an investigative
				  subpoena to a member compelling the production of any records required to be
				  kept relative to the handling of client funds and property by the Rules of
				  Professional Conduct for inspection, copying, or audit by the counsel or any
				  auditor appointed by the counsel. For the purposes of this rule, circumstances
				  that constitute reasonable cause, include, but are not limited to:
(1) any sworn statement of grievance received
				  by the North Carolina State Bar alleging facts which, if true, would constitute
				  misconduct in the handling of a client's funds or property;
(2) any facts coming to the attention of the
				  North Carolina State Bar, whether through random review as contemplated by Rule
				  .0132(b) below or otherwise, which if true, would constitute a probable
				  violation of any provision of the Rules of Professional Conduct concerning the
				  handling of client funds or property;
(3) two or more grievances received by the
				  North Carolina State Bar over a twelve month period alleging facts which, if
				  true, would indicate misconduct for neglect of a client matter or failure to
				  communicate with a client;
(4) any
				  failure to respond to any notices issued by the North Carolina State Bar with
				  regard to a grievance or a fee dispute;
(5) any information received by the North
				  Carolina State Bar which, if true, would constitute a failure to file any
				  federal, state, or local tax return or pay an federal, state, or local tax
				  obligation; or
(6) any finding of
				  probable cause, indictment, or conviction relative to a criminal charge
				  involving moral turpitude. The grounds supporting the issuance of any such
				  subpoena will be set forth upon the face of the subpoena.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0133 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Allegations of
				  Misconduct or Alleged Disability - Except as otherwise provided in this rule
				  and G.S.
				  84-28(f), all proceedings
				  involving allegations of misconduct by or alleged disability of a member will
				  remain confidential until
(1) a complaint
				  against a member has been filed with the secretary after a finding by the
				  Grievance Committee that there is probable cause to believe that the member is
				  guilty of misconduct justifying disciplinary action or is disabled;
(2) the member requests that the matter be
				  made public prior to the filing of a complaint;
(3) the investigation is predicated upon
				  conviction of the member of or sentencing for a crime;
(4) a petition or action is filed in the
				  general courts of justice;
(5) the
				  member files an affidavit of surrender of license; or
(6) a member is transferred to disability
				  inactive status pursuant to Rule .0122(g). In such an instance, the order
				  transferring the member shall be public. Any other materials, including the
				  medical evidence supporting the order, shall be kept confidential unless and
				  until the member petitions for reinstatement pursuant to Rule .0122(c), unless
				  provided otherwise in the order.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0134 - DISCIPLINARY AMNESTY IN ILLICIT DRUG USE CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Information Concerning Illicit Drug Use - The North Carolina State Bar will not
				  treat as a grievance information that a member has used or is using illicit
				  drugs except as provided in Rules.0134(c), (d) and (e) below. The information
				  will be provided to director of the lawyer assistance program of the North
				  Carolina State Bar.
(b) Lawyer
				  Assistance Program - If the director of the lawyer assistance program concludes
				  after investigation that a member has used or is using an illicit drug and the
				  member participates and successfully complies with any course of treatment
				  prescribed by the lawyer assistance program, the member will not be disciplined
				  by the North Carolina State Bar for illicit drug use occurring prior to the
				  prescribed course of treatment.
(c)
				  Failure to Complete Treatment - If a member under Rule .0134(b) above fails to
				  cooperate with the Lawyer Assistance Program Board or fails to successfully
				  complete any treatment prescribed for the member's illicit drug use, the
				  director of the lawyer assistance program will report such failure to
				  participate in or complete the prescribed treatment to the chairperson of the
				  Grievance Committee. The chairperson of the Grievance Committee will then treat
				  the information originally received as a grievance.
(d) Crime Relating to Use or Possession of
				  Illicit Drugs - A member charged with a crime relating to the use or possession
				  of illicit drugs will not be entitled to amnesty from discipline by the North
				  Carolina State Bar relating to the illicit drug use or possession.
(e) Additional Misconduct - If the North
				  Carolina State Bar receives information that a member has used or is using
				  illicit drugs and that the member has violated some other provision of the
				  Revised Rules of Professional Conduct, the information regarding the member's
				  alleged illicit drug use will be referred to the director of lawyer assistance
				  program pursuant to Rule .0134(a) above. The information regarding the member's
				  alleged additional misconduct will be reported to the chairperson of the
				  Grievance Committee.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 22, 2016:
					 February 3, 2000; February 20, 1995.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0135 - NONCOMPLIANCE SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Noncompliant and Noncompliance Defined. Failure to respond fully and timely to
				  a letter of notice issued pursuant to N.C.A.C. 1B, .0112, failure to respond
				  fully and timely to any request from the State Bar for additional information
				  in any pending grievance investigation, failure to respond fully and timely to
				  any request from the State Bar to produce documents or other tangible or
				  electronic materials in connection with a grievance investigation, and/or
				  failure to respond fully and timely to a subpoena issued by the chair of the
				  Grievance Committee or issued by the secretary of the State Bar shall be
				  referred to herein as "noncompliant" or "noncompliance."
(b) Petition for Noncompliance Suspension. If
				  a respondent against whom a grievance file has been opened and who has been
				  served with a letter of notice or who has been served with a subpoena issued by
				  the chair of the Grievance Committee or issued by the secretary of the State
				  Bar is noncompliant, the State Bar may petition the chair of the Disciplinary
				  Hearing Commission (DHC) for an order requiring the respondent to show cause
				  why the chair should not enter an order suspending the respondent's law
				  license.
(c) Content of Petition
(1) The petition shall be a verified
				  petition, or shall be supported by an affidavit, demonstrating by clear,
				  cogent, and convincing evidence that the respondent is noncompliant.
(2) The petition shall set forth the efforts
				  made by the State Bar to obtain the respondent's compliance.
(3) Service of Petition
(A) The petition shall be served upon the
				  respondent by mailing a copy of the petition addressed to the last address the
				  respondent provided to the Membership Department of the State Bar pursuant to
				  N.C. Gen. Stat. §
												84-34 or addressed to any more
				  recent address that might be known to the State Bar representative who is
				  attempting service.
(B) Service of
				  the petition shall be complete upon mailing.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0201 - ORGANIZATION OF JUDICIAL DISTRICT GRIEVANCE COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Judicial Districts Eligible to Form
				  District Grievance Committees
(1) Membership
				  Requirements for Establishing a District Grievance Committee - Any judicial
				  district which has more than 100 licensed attorneys as determined by the North
				  Carolina State Bar's records may establish a judicial district grievance
				  committee (hereafter, "district grievance committee") pursuant to the rules and
				  regulations set out herein. A judicial district with fewer than 100 licensed
				  attorneys may establish a district grievance committee with consent of the
				  Council of the North Carolina State Bar.
(2) Multi-District Grievance Committees - One
				  or more judicial districts, including those with fewer than 100 licensed
				  attorneys, may also establish a multi-district grievance committee, as set out
				  in Rule .0201(b)(2) below. Such multi-district grievance committees shall be
				  subject to all of the rules and regulations set out herein and all references
				  to district grievance committees in these rules shall also apply to
				  multi-district grievance committees.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0202 - JURISDICTION AUTHORITY OF DISTRICT GRIEVANCE COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) District Grievance Committees are Subject
				  to the Rules of the North Carolina State Bar - The district grievance committee
				  shall be subject to the rules and regulations adopted by the Council of the
				  North Carolina State Bar.
(b)
				  Grievances Filed With District Grievance Committee - A district grievance
				  committee may investigate and consider grievances filed against attorneys who
				  live or maintain offices within the judicial district and which are filed in
				  the first instance with the chairperson of the district grievance committee.
				  The chairperson of the district grievance committee will immediately refer to
				  the State Bar any grievance filed locally in the first instance which
(1) alleges misconduct against a member of
				  the district grievance committee;
(2) alleges that any attorney has embezzled
				  or misapplied client funds; or
(3)
				  alleges any other serious violation of the Rules of Professional Conduct which
				  may be beyond the capacity of the district grievance committee to
				  investigate.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0203 - MEETINGS OF THE DISTRICT GRIEVANCE COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  of Meeting - The district grievance committee shall meet at the call of the
				  chairperson upon reasonable notice, as often as is necessary to dispatch its
				  business and not less than once every 60 days, provided the committee has
				  grievances pending.
(b)
				  Confidentiality - The district grievance committee shall meet in private.
				  Discussions of the committee, its records and its actions shall be
				  confidential. The names of the members of the committee shall not be
				  confidential.
(c) Quorum - A simple
				  majority of the district grievance committee must be present at any meeting in
				  order to constitute a quorum. The committee may take no action unless a quorum
				  is present. A majority vote in favor of a motion or any proposed action shall
				  be required for the motion to pass or the action to be taken.
(d) Appearances by Complainants and
				  Respondents - No complainant nor any attorney against whom a grievance has been
				  filed may appear before the district grievance committee, present argument to
				  or be present at the committee's deliberations.
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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0204 - PROCEDURE UPON INSTITUTION OF A GRIEVANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Receipt of Grievance - A grievance may be filed by any person against a member
				  of the North Carolina State Bar. Such grievance must be in writing and signed
				  by the complaining person. A district grievance committee may, however,
				  investigate matters which come to its attention during the investigation of a
				  grievance, whether or not such matters are included in the original written
				  grievance.
(b) Acknowledgment of
				  Receipt of Grievance from State Bar - The chairperson of the district grievance
				  committee shall send a letter to the complainant within 10 working days of
				  receipt of the grievance from the State Bar, acknowledging that a grievance
				  file has been set up. The acknowledgment letter shall include the name of the
				  district grievance committee member assigned to investigate the matter and
				  shall follow the format set out in Rule .0213 of this subchapter. A copy of the
				  letter shall be sent contemporaneously to the office of counsel of the State
				  Bar.
(c) Notice to State Bar of
				  Locally Filed Grievances
(1) Where a grievance
				  is filed in the first instance with the district grievance committee, the
				  chairperson of the district grievance committee shall notify the office of
				  counsel of the State Bar of the name of the complainant, respondent attorney,
				  file number and nature of the grievance within 10 working days of receipt of
				  the grievance.
(2) The chairperson
				  of the district grievance committee shall send a letter to the complainant
				  within 10 working days of receipt of the grievance, acknowledging that a
				  grievance file has been set up. The acknowledgment letter shall include the
				  name of the district grievance committee member assigned to investigate the
				  matter and shall follow the format set out in Rule .0213 of this
				  subchapter.
(3) Grievances filed
				  initially with the district grievance committee shall be assigned a local file
				  number which shall be used to refer to the grievance. The first two digits of
				  the file number shall indicate the year in which the grievance was filed,
				  followed by the number of the judicial district, the letters GR, and ending
				  with the number of the file. File numbers shall be assigned sequentially during
				  the calendar year, beginning with the number 1. For example, the first locally
				  filed grievance set up in the 10th judicial district in 1994 would bear the
				  following number: 9410GR001.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0205 - RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
The district grievance committee shall maintain records of
					 all grievances referred to it by the State Bar and all grievances initially
					 filed with the district grievance committee for at least one year. The district
					 grievance committee shall provide such reports and information as are requested
					 of it from time to time by the 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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0206 - MISCELLANEOUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Assistance and Questions - The office of
				  counsel, including the staff attorneys and the grievance coordinator, are
				  available to answer questions and provide assistance regarding any matters
				  before the district grievance committee.
(b) Missing Attorneys - Where a respondent
				  attorney is missing or cannot be located, the district grievance committee
				  shall promptly return the grievance file to the office of counsel for
				  appropriate action.
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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0207 - CONFLICTS OF INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  district grievance committee shall investigate or consider a grievance which
				  alleges misconduct by any current member of the committee. If a file is
				  referred to the committee by the State Bar or is initiated locally which
				  alleges misconduct by a member of the district grievance committee, the file
				  will be sent to the State Bar for investigation and handling within 10 working
				  days after receipt of the grievance.
(b) A member of a district grievance
				  committee shall not investigate or participate in deliberations concerning any
				  of the following matters:
(1) alleged
				  misconduct of an attorney who works in the same law firm or office with the
				  committee member;
(2) alleged
				  misconduct of a relative of the committee member;
(3) a grievance involving facts concerning
				  which the committee member or a partner or associate in the committee member's
				  law firm acted as an attorney.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0208 - LETTER TO COMPLAINANT WHERE LOCAL GRIEVANCE ALLEGES FEE DISPUTE ONLY

Current through Register Vol. 39, No. 2, July 15, 2024
John Smith
Anywhere, N.C.
Re: Your complaint against Jane Doe
Dear Mr. Smith:
The district grievance committee has received your
					 complaint against the above-listed attorney. Based upon our initial review of
					 the materials which you submitted, it appears that your complaint involves a
					 fee dispute. Accordingly, I would like to take this opportunity to notify you
					 of the North Carolina State Bar Fee Dispute Resolution Program. The program is
					 designed to provide citizens with a means of resolving disputes over attorney
					 fees at no cost to them and without going to court. A pamphlet which describes
					 the program in greater detail is enclosed, along with an application
					 form.
If you would like to participate in the fee dispute
					 resolution program, please complete and return the form to me within 20 days of
					 the date of this letter. If you decide to participate, no grievance file will
					 be opened and the district bar grievance committee will take no other action
					 against the attorney.
If you do not wish to participate in the fee dispute
					 resolution program, you may elect to have your complaint investigated by the
					 district grievance committee. If we do not hear from you within 20 days of the
					 date of this letter, we will assume that you do not wish to participate in fee
					 dispute resolution, and we will handle your complaint like any other grievance.
					 However, the district grievance committee has no authority to attempt to
					 resolve a fee dispute between an attorney and his or her client. Its sole
					 function is to investigate your complaint and make a recommendation to the
					 North Carolina State Bar regarding whether there is probable cause to believe
					 that the attorney has violated one or more provisions of the Rules of
					 Professional Conduct which govern attorneys in this state.
Thank you for your cooperation.
Sincerely yours,
Chairperson
District Bar Grievance Committee
cc: PERSONAL CONFIDENTIAL
Director of Investigations,
The N.C. State Bar
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. August 23,
					 2007.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0209 - LETTER TO COMPLAINANT WHERE LOCAL GRIEVANCE ALLEGES FEE DISPUTE AND OTHER VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
John Smith
Anywhere, N.C.
Re: Your complaint against Jane Doe
Dear Mr. Smith:
The district grievance committee has received your
					 complaint against the above-listed attorney. Based upon our initial review of
					 the materials which you submitted, it appears that your complaint involves a
					 fee dispute as well as other possible violations of the rules of ethics.
					 Accordingly, I would like to take this opportunity to notify you of the North
					 Carolina State Bar Fee Dispute Resolution Program. The program is designed to
					 provide citizens with a means of resolving disputes over attorney fees at no
					 cost to them and without going to court. A pamphlet which describes the program
					 in greater detail is enclosed, along with an application form.
If you would like to participate in the fee dispute
					 resolution program, please complete and return the form to me within 20 days of
					 the date of this letter. If you decide to participate, the fee dispute
					 resolution committee will handle those portions of your complaint which involve
					 an apparent fee dispute.
If you do not wish to participate in the fee dispute
					 resolution program, you may elect to have your entire complaint investigated by
					 the district grievance committee. If we do not hear from you within 20 days of
					 the date of this letter, we will assume that you do not wish to participate in
					 fee dispute resolution, and we will handle your entire complaint like any other
					 grievance. However, the district grievance committee has no authority to
					 attempt to resolve a fee dispute between an attorney and his or her client. Its
					 sole function is to investigate your complaint and make a recommendation to the
					 North Carolina State Bar regarding whether there is probable cause to believe
					 that the attorney has violated one or more provisions of the Rules of
					 Professional Conduct which govern attorneys in this state.
Thank you for your cooperation.
Sincerely yours,
Chairperson
District Bar Grievance Committee
cc: PERSONAL CONFIDENTIAL
Director of Investigations
The N.C. State Bar
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. August 23,
					 2007.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0210 - LETTER TO COMPLAINANT/RESPONDENT WHERE DISTRICT COMMITTEE RECOMMENDS FINDING OF NO PROBABLE CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
John Smith
Anywhere, N.C.
Re: Your complaint against Jane Doe
Our File No.
Dear Mr. Smith:
The district grievance committee has completed its
					 investigation of your grievance. Based upon its investigation, the committee
					 does not believe that there is probable cause to find that the attorney has
					 violated any provisions of the Rules of Professional Conduct. The committee
					 will forward a report with its recommendation to the North Carolina State Bar
					 Grievance Committee. The final decision regarding your grievance will be made
					 by the North Carolina State Bar Grievance Committee. You will be notified in
					 writing of the State Bar's decision.
If you have any questions or wish to communicate further
					 regarding your grievance, you may contact the North Carolina State Bar at the
					 following address:
The North Carolina State Bar
Grievance Committee
P.O. Box 25908
Raleigh, N.C. 27611
Neither I nor any member of the district grievance
					 committee can give you any advice regarding any legal rights you may have
					 regarding the matters set out in your grievance. You may pursue any questions
					 you have regarding your legal rights with an attorney of your choice.
Thank you very much for your cooperation.
Sincerely yours,
Chairperson
District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
Respondent Attorney
PERSONAL AND CONFIDENTIAL
Director of Investigations
The N.C. 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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0211 - LETTER TO RESPONDENT WHERE DISTRICT COMMITTEE RECOMMENDS FINDING OF PROBABLE CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
Ms. Jane Doe
Anywhere, N.C.
Re: Grievance of John Smith
Our File No.
Dear Ms. Doe:
The district grievance committee has completed its
					 investigation of Mr. Smith's grievance and has voted to recommend that the
					 North Carolina State Bar Grievance Committee find probable cause to believe
					 that you violated one or more provisions of the Rules of Professional Conduct.
					 Specifically, the [] district grievance committee found that there is probable
					 cause to believe that you may have violated [set out brief description of rule
					 allegedly violated and pertinent facts].
The final decision in this matter will be made by the North
					 Carolina State Bar Grievance Committee and you will be notified in writing of
					 the State Bar's decision. The complainant has been notified that the district
					 grievance committee has concluded its investigation and that the grievance has
					 been sent to the North Carolina State Bar for final resolution, but has not
					 been informed of the district committee's specific recommendation.
If you have any questions or wish to communicate further
					 regarding this grievance, you may contact the North Carolina State Bar at the
					 following address:
The North Carolina State Bar
Grievance Committee
P.O. Box 25908
Raleigh, N.C. 27611
Tel. 919-828-4620
Thank you very much for your cooperation.
Sincerely yours,
Chairperson
District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
Director of Investigations
The N.C. 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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0212 - LETTER TO COMPLAINANT WHERE DISTRICT COMMITTEE RECOMMENDS FINDING OF PROBABLE CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
John Smith
Anywhere, N.C.
Re: Your complaint against Jane Doe
Our File No.
Dear Mr. Smith:
The district grievance committee has completed its
					 investigation of your grievance and has forwarded its file to the North
					 Carolina State Bar Grievance Committee in Raleigh for final resolution. The
					 final decision in this matter will be made by the North Carolina State Bar
					 Grievance Committee and you will be notified in writing of the State Bar's
					 decision.
If you have any questions or wish to communicate further
					 regarding your grievance, you may contact the North Carolina State Bar at the
					 following address:
The North Carolina State Bar
Grievance Committee
P.O. Box 25908
Raleigh, N.C. 27611
Neither I nor any member of the district grievance
					 committee can give you any advice regarding any legal rights you may have
					 regarding the matters set out in your grievance. You may pursue any questions
					 you have regarding your legal rights with an attorney of your choice.
Thank you very much for your cooperation.
Sincerely yours,
Chairperson
District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
Respondent Attorney
PERSONAL AND CONFIDENTIAL
Director of Investigations
The N.C. 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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0213 - LETTER TO COMPLAINANT ACKNOWLEDGING GRIEVANCE

Current through Register Vol. 39, No. 2, July 15, 2024
John Smith
Anywhere, N.C.
Re: Your complaint against Jane Doe
Our File No. []
Dear Mr. Smith:
I am the chairperson of the [] district grievance
					 committee. Your grievance against [respondent attorney] [was received in my
					 office]\[has been forwarded to my office by the North Carolina State Bar] on
					 [date]. I have assigned [investigator's name], a member of the [] district
					 grievance committee, to investigate your grievance. []'s name, address and
					 telephone number are as follows: [].
Please be sure that you have provided all information and
					 materials which relate to or support your complaint to the [] district
					 grievance committee. If you have other information which you would like our
					 committee to consider, or if you wish to discuss your complaint, please contact
					 the investigating attorney by telephone or in writing as soon as
					 possible.
After []'s investigation is complete, the [] district
					 grievance committee will make a recommendation to the North Carolina State Bar
					 Grievance Committee regarding whether or not there is probable cause to believe
					 that [respondent attorney] violated one or more provisions of the Rules of
					 Professional Conduct. Your complaint and the results of our investigation will
					 be sent to the North Carolina State Bar at that time. The [] district grievance
					 committee's recommendation is not binding upon the North Carolina State Bar
					 Grievance Committee, which will make the final determination. You will be
					 notified in writing when the [] district grievance committee's investigation is
					 concluded.
Neither the investigating attorney nor any member of the []
					 district grievance committee can give you any legal advice or represent you
					 regarding any underlying legal matter in which you may be involved. You may
					 pursue any questions you have about your legal rights with an attorney of your
					 own choice.
Thank you very much for your cooperation.
Sincerely yours,
[] Chairperson
[] District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
Director of Investigations
The N.C. 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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0214 - LETTER TO INVESTIGATING ATTORNEY ASSIGNING GRIEVANCE

Current through Register Vol. 39, No. 2, July 15, 2024
James Roe
[] District Grievance Committee Member
Anywhere, N.C.
Re: Grievance of John Smith against Jane Doe
Our File No. []
Dear Mr. Roe:
Enclosed you will find a copy of the grievance which I
					 recently received regarding the above-captioned matter. Please investigate the
					 complaint and provide a written report with your recommendations by
					 [deadline].
Thank you very much.
Sincerely yours,
[] Chairperson
[] District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
Director of Investigations
The N.C. 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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0215 - LETTER TO COMPLAINANT FROM INVESTIGATING ATTORNEY

Current through Register Vol. 39, No. 2, July 15, 2024
John Smith
Anywhere, N.C.
Re: Your complaint against Jane Doe
Our File No. []
Dear Mr. Smith:
I am the member of the [] district grievance committee
					 assigned to investigate your grievance against [respondent attorney]. It is
					 part of my job to ensure that you have had a chance to explain your complaint
					 and that the [] district grievance committee has copies of all of the documents
					 which you believe relate to your complaint.
If you have other information or materials which you would
					 like the [] district grievance committee to consider, or if you would like to
					 discuss this matter, please contact me as soon as possible.
If you have already fully explained your complaint, you do
					 not need to take any additional action regarding your grievance. The []
					 district grievance committee will notify you in writing when its investigation
					 is complete. At that time, the matter will be forwarded to the North Carolina
					 State Bar Grievance Committee in Raleigh for its final decision. You will be
					 notified in writing of the North Carolina State Bar's decision.
Thank you very much for your cooperation.
Sincerely yours,
[] Investigating Member
[] District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
Chairperson, [] District Grievance
					 Committee
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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0216 - LETTER OF NOTICE TO RESPONDENT ATTORNEY

Current through Register Vol. 39, No. 2, July 15, 2024
Ms. Jane Doe
Anywhere, N.C.
Re: Grievance of John Smith
Our File No. []
Dear Ms. Doe:
Enclosed you will find a copy of a grievance which has been
					 filed against you by [complainant] and which was received in my office on
					 [date]. As chairperson of the [] district grievance committee, I have asked
					 [investigating attorney], a member of the committee, to investigate this
					 grievance.
Please file a written response with [investigating
					 attorney] within 15 days from receipt of this letter. Your response should
					 provide a full and fair disclosure of all of the facts and circumstances
					 relating to the matters set out in the grievance.
Thank you.
Sincerely yours,
[] Chairperson
[] District Grievance Committee
cc: PERSONAL AND CONFIDENTIAL
[] Investigating member
[] District Grievance Committee
PERSONAL AND CONFIDENTIAL
Director of Investigations
N.C. State Bar
PERSONAL AND CONFIDENTIAL
[] Complainant
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 B - DISCIPLINE AND DISABILITY RULES › Section .0200 - RULES GOVERNING JUDICIAL DISTRICT GRIEVANCE COMMITTEES › Section 01B .0217 - LETTER TRANSMITTING COMPLETED FILE TO NORTH CAROLINA STATE BAR

Current through Register Vol. 39, No. 2, July 15, 2024
Director of Investigations
N.C. State Bar
P.O. Box 25908
Raleigh, N.C. 27611
Re: Grievance of John Smith
File No. []
Dear Director:
The [] district grievance committee has completed its
					 investigation in the above-listed matter. Based upon our investigation, the
					 committee determined in its opinion that there is/is not probable cause to
					 believe that the respondent violated one or more provisions of the Rules of
					 Professional Conduct for the reasons set out in the enclosed report.
We are forwarding this matter for final determination by
					 the North Carolina State Bar Grievance Committee along with the following
					 materials:
1. The original grievance
				  of [complainant].
2. A copy of the
				  file of the investigating attorney.
3. The investigating attorney's report, which
				  includes a summary of the facts and the reason(s) for the committee's
				  decision.
Please let me know if you have any questions or if you need
					 any additional information. Thank you.
Sincerely yours,
[] Chairperson
[] District Grievance Committee
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.