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 .0106 - GRIEVANCE COMMITTEE: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The Grievance Committee will have the power and duty
(1) to direct the counsel to investigate any
				  alleged misconduct or disability of a member of the North Carolina State Bar
				  coming to its attention;
(2) to
				  hold preliminary hearings, find probable cause and direct that complaints be
				  filed;
(3) to dismiss grievances
				  upon a finding of no probable cause;
(4) to issue a letter of caution to a
				  respondent in cases wherein misconduct is not established but the activities of
				  the respondent are unprofessional or not in accord with accepted professional
				  practice. The letter of caution will recommend that the respondent be more
				  professional in his or her practice in one or more ways which are to be
				  specifically identified;
(5) to
				  issue a letter of warning to a respondent in cases wherein no probable cause is
				  found but it is determined by the Grievance Committee that the conduct of the
				  respondent is an unintentional, minor, or technical violation of the Rules of
				  Professional Conduct. The letter of warning will advise the attorney that he or
				  she may be subject to discipline if such conduct is continued or repeated. The
				  warning will specify in one or more ways the conduct or practice for which the
				  respondent is being warned. A copy of the letter of warning will be maintained
				  in the office of the counsel for three years subject to the confidentiality
				  provisions of Rule .0129 of this subchapter;
(6) to issue an admonition in cases wherein
				  the defendant has committed a minor violation of the Rules of Professional
				  Conduct;
(7) to issue a reprimand
				  wherein the defendant has violated one or more provisions of the Rules of
				  Professional Conduct, and has caused harm or potential harm to a client, the
				  administration of justice, the profession, or a member of the public, but the
				  misconduct does not require a censure;
(8) to issue a censure in cases wherein the
				  defendant has violated one or more provisions of the Rules of Professional
				  Conduct and has caused significant harm or potential significant harm to a
				  client, the administration of justice, the profession, or a member of the
				  public, but the misconduct does not require suspension of the defendant's
				  license;
(9) to direct that a
				  petition be filed seeking a determination whether a member of the North
				  Carolina State Bar is disabled;
(10) to include in any order of admonition,
				  reprimand, or censure a provision requiring the defendant to complete a
				  reasonable amount of continuing legal education in addition to the minimum
				  amount required by the North Carolina Supreme Court;
(11) in its discretion, to refer grievances
				  primarily attributable to unsound law office management to a program of law
				  office management training approved by the State Bar in accordance with Rule
				  .0112(i) of this subchapter.
(12)
				  in its discretion, to refer grievances primarily attributable to the
				  respondent's substance abuse or mental health problem to the Lawyer Assistance
				  Program in accordance with Rule .0112(j) of this subchapter.
(13) in its discretion to refer grievances
				  primarily attributable to the respondent's failure to employ sound trust
				  accounting techniques to the trust account supervisory program in accordance
				  with Rule .0112(k) of this subchapter.
(14) to operate the Attorney Client
				  Assistance Program (ACAP). Functions of ACAP can include without limitation:
(a) assisting clients and attorneys in
				  resolving issues arising in the client/attorney relationship that might be
				  resolved without the need to open grievance files; and
(b) operating the Fee Dispute Resolution
				  Program.