Chapter 27 NCAC 01D

subchapter 01D – Rules of the standing committees of the north carolina state bar section .0100 – PROCEDURES for ruling on questions of legal ethics 27 NCAC 01D .0101 DEFINITIONS (a) "Assistant executive director" shall mean the assistant executive director of the Bar. (b) "Attor…

27 NCAC 01D .0102 REQUESTS FOR LEGAL ETHICS OPINIONS AND ETHICS ADVISORIES (GENERAL PROVISIONS) (a) Any attorney or citizen may request the Bar to rule on actual or contemplated professional conduct of an attorney in the form and manner provided hereinafter. The grant or denial o…

27 NCAC 01D .0103 ETHICS ADVISORIES (a) The executive director, assistant executive director, or designated staff counsel may honor or deny a request for an informal ethics advisory. Except as provided in Rule .0102(b), an attorney requesting an opinion concerning another attorne…

27 NCAC 01D .0104 LEGAL ETHICS OPINIONS AND DECISIONS (a) Requests for legal ethics opinions or ethics decisions shall be made in writing and submitted to the executive director or assistant executive director who, after determining that a request is in compliance with Rule .0102…

27 NCAC 01D .0105 Procedures for Meetings of the Ethics Committee (a) Consent Agenda. The agenda for a meeting of the committee shall include a consent agenda consisting of those proposed formal ethics opinions, proposed ethics decisions, and ethics advisories (collectively "prop…

SECTION .0200 - PROCEDURES FOR THE AUTHORIZED PRACTICE COMMITTEE 27 NCAC 01D .0201 General Provisions (a) The Authorized Practice Committee is a standing committee of the council. The committee is comprised of councilors and advisory members appointed by the president. All member…

27 NCAC 01D .0202 PROCEDURE The Authorized Practice Committee operates under the procedures set forth in these rules. History Note: Authority G.S. 84-37; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court: March 20, 2024.

27 NCAC 01D .0203 Definitions Subject to additional definitions contained in other provisions of this subchapter, the following words and phrases, when used in this subchapter, have the meanings set forth in this Rule, unless the context clearly indicates otherwise. (1) Chair - t…

27 NCAC 01D .0204 State Bar Council - Powers and Duties The Council of the North Carolina State Bar shall have the power and duty to supervise the conduct of the Authorized Practice Committee in accordance with the provisions of this subchapter. History Note: Authority G.S. 84-37…

27 NCAC 01D .0205 Chair of the Authorized Practice Committee - Powers and Duties (a) The chair shall have the power and duty: (1) to supervise the activities of the counsel related to the conduct of the committee; (2) to authorize the counsel to initiate investigations upon recei…

27 NCAC 01D .0206 Authorized Practice Committee - Powers and Duties The Authorized Practice Committee shall have the power and duty: (1) to direct the counsel to investigate any alleged unauthorized practice of law in this State by any person, firm, or corporation; (2) to recomme…

27 NCAC 01D .0207 Counsel - Powers and Duties The counsel shall have the power and duty: (1) to initiate an investigation concerning the alleged unauthorized practice of law upon receipt of a complaint or upon receiving information from any other source indicating the possible un…

27 NCAC 01D .0208 Suing for Injunctive Relief (a) If the Authorized Practice Committee recommends that the North Carolina State Bar seek injunctive relief to prevent the unauthorized practice of law, the chair will report the recommendation to the Executive Committee. (b) If the …

Section .0300 - Disaster Response Plan 27 NCAC 01D .0301 The Disaster Response Team (a) The disaster response team should be composed of the following: (1) the president of the State Bar, or if the president is unavailable, another officer of the State Bar; (2) the counsel or his…

27 NCAC 01D .0302 GENERAL POLICY AND OBJECTIVES (a) Rapid Response (1) It is essential that the State Bar establish an awareness and sensitivity to disaster situations. (2) The disaster response plan will be disseminated through the publications of the State Bar and continuing le…

27 NCAC 01D .0303 Report on Results (a) The coordinator will promptly convene a meeting of groups involved in the disaster to review the effectiveness of the plan in that particular disaster. (b) The coordinator shall prepare a written report concerning significant matters relati…

Section .0600 - Rules Governing the Lawyer Assistance Program 27 NCAC 01D .0601 Purpose The purpose of the lawyer assistance program is to: (1) protect the public by assisting lawyers and judges who are professionally impaired by reason of substance abuse, addiction, or debilitat…

27 NCAC 01D .0602 Authority The council of the North Carolina State Bar hereby establishes the Lawyer Assistance Program Board (the board) as a standing committee of the council. The board has the authority to establish policies governing the State Bar's lawyer assistance program…

27 NCAC 01D .0603 Operational Responsibility The board shall be responsible for operating the lawyer assistance program subject to the statutes governing the practice of law, the authority of the council, and the rules of the board. History Note: Authority G.S. 84-22; 84-23; Adop…

27 NCAC 01D .0604 Size of Board The board shall have nine members. Three of the members shall be councilors of the North Carolina State Bar at the time of appointment; three of the members shall be non-lawyers or lawyers with experience and training in the fields of mental health…

27 NCAC 01D .0605 Appointment of Members; When; Removal The initial members of the board shall be appointed at the next meeting of the council following the creation of the board. Thereafter, members shall be appointed or reappointed, as the case may be, at the first quarterly me…

27 NCAC 01D .0606 Term of Office and Succession The members of the board shall be divided into three classes of equal size to serve in the first instance for terms expiring one, two and three years, respectively, after the first quarterly meeting of the council following creation…

27 NCAC 01D .0607 Appointment of Chairperson The chairperson of the board shall be appointed by the council annually at the time of its appointment of board members. The chairperson may be re-appointed for an unlimited number of one-year terms. The chairperson shall preside at al…

27 NCAC 01D .0608 Appointment of Vice-Chairperson The vice-chairperson of the board shall be appointed by the council annually at the time of its appointment of board members. The vice-chairperson may be re-appointed for an unlimited number of one-year terms. The vice-chairperson…

27 NCAC 01D .0609 Source of Funds Funding for the program shall be provided from the general and appropriate special funds of the North Carolina State Bar and such other funds as may become available by grant or otherwise. History Note: Authority G.S. 84-22; 84-23; Adopted Eff. F…

27 NCAC 01D .0610 Meetings The annual meeting of the board shall be held in October of each year in connection with the annual meeting of the North Carolina State Bar. The board by resolution may set regular meeting dates and places. Special meetings of the board may be called at…

27 NCAC 01D .0611 Annual Report The board shall prepare at least annually a report of its activities and shall present the same at the annual meeting of the council. History Note: Authority G.S. 84-22; 84-23; Adopted Eff. February 3, 2000.

27 NCAC 01D .0612 Powers and Duties of the Board In addition to the powers and duties set forth elsewhere in these rules, the board shall have the following powers and duties: (1) to exercise general supervisory authority over the administration of the lawyer assistance program c…

27 NCAC 01D .0613 Confidentiality The lawyer assistance program is an approved lawyers' assistance program in accordance with the requirements of Rule 1.6(c) of the Revised Rules of Professional Conduct. Except as noted herein and otherwise required by law, information received d…

27 NCAC 01D .0614 Reserved History Note: Authority G.S. 84-22; 84-23; 84-28; Readopted Eff. December 8, 1994; Amended Eff. February 3, 2000; Repealed Eff. November 16, 2006.

27 NCAC 01D .0615 Regional Chapters A committee may, under appropriate rules and regulations promulgated by the board, establish regional chapters, composed of qualified volunteer lawyers and non-lawyers. A regional chapter may perform any or all of the duties and functions set f…

27 NCAC 01D .0616 Suspension for Impairment, Reinstatement If it appears that a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction, the board, or its duly authorized committee, may petition any superior court judge to issue an order, pursuan…

27 NCAC 01D .0617 CONSENSUAL INACTIVE STATUS Notwithstanding the provisions of Rule .0616 of this subchapter, the court may enter an order transferring the lawyer to inactive status if the lawyer consents. The order may contain such other terms and provisions as the parties agree…

27 NCAC 01D .0618 Agents of the State Bar All members of the board and its duly appointed committees shall be deemed to be acting as agents of the State Bar when performing the functions and duties set forth in this subchapter. History Note: Authority G.S. 84-22; 84-23; Readopted…

27 NCAC 01D .0619 Judicial Committee The Judicial Committee of the Lawyer Assistance Program Board shall implement a program of intervention for members of the judiciary with substance abuse problems affecting their professional conduct. The committee shall consist of at least tw…

27 NCAC 01D .0620 Rehabilitation Contracts for Lawyers Impaired by Substance Abuse The board, or its duly authorized committee, has the authority to enter into rehabilitation contracts with lawyers suffering from substance abuse including contracts that provide for alcohol and/or…

27 NCAC 01D .0621 Evaluations for Substance Abuse, Alcoholism, and/or other Chemical Addictions (a) Notice of Need for Evaluation. The Lawyer Assistance Program Board, or its duly authorized committee, may demand that a lawyer obtain a comprehensive evaluation of his or her condi…

27 NCAC 01D .0622 Grounds for Compelling an Evaluation An order compelling the lawyer to obtain a comprehensive evaluation by an addiction specialist may be issued if the board establishes that the evaluation will assist the lawyer and the lawyer assistance program to assess the …

27 NCAC 01D .0623 Failure to Comply with an Order Compelling an Evaluation If a lawyer fails to comply with an order compelling a comprehensive evaluation by an addiction specialist, the board, or its duly authorized committee, may file a contempt proceeding to be held in camera.…

SECTION .0700 - PROCEDURES FOR FEE DISPUTE RESOLUTION 27 ncac 01D .0701 PURPOSE AND IMPLEMENTATION The purpose of the Fee Dispute Resolution Program is to help clients and lawyers settle disputes over fees. The Fee Dispute Resolution Program will attempt to assist lawyers and cli…

27 ncac 01d .0702 JURISDICTION (a) The committee has jurisdiction over a disagreement arising out of a client-lawyer relationship concerning the fees and expenses charged or incurred for legal services provided by a lawyer licensed to practice law in North Carolina. (b) The commi…

27 NCAC 01D .0703 Coordinator of Fee Dispute Resolution The secretary-treasurer of the North Carolina State Bar will designate a member of the staff to serve as coordinator of the Fee Dispute Resolution Program. The coordinator will develop forms, maintain records, and provide st…

27 ncac 01D .0704 CONFIDENTIALITY The Fee Dispute Resolution Program is a subcommittee of the Grievance Committee, which maintains all information in the possession of the Fee Dispute Resolution Program. Pursuant to N.C. Gen. Stat. § 84-32.1, documents in the possession of the Fe…

27 NCAC 01D .0705 Selection of Facilitators The secretary-treasurer of the North Carolina State Bar will designate members of the State Bar staff to serve as facilitators. History Note: Authority G.S. 84-23; Adopted Eff. May 4, 2000; Amended Eff. March 11, 2010.

27 ncac 01d .0706 POWERS AND DUTIES OF THE VICE-CHAIRPERSON The vice-chairperson of the Grievance Subcommittee overseeing ACAP, or his or her designee, will: (a) approve or disapprove a respondent's request to withhold the respondent's response from the petitioner; and (b) refer …

27 ncac 01d .0707 PROCESSING REQUESTS FOR FEE DISPUTE RESOLUTION (a) A request for resolution of a disputed fee must be submitted in writing to the coordinator of the Fee Dispute Resolution Program addressed to the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. A lawy…

27 ncac 01d .0708 SETTLEMENT CONFERENCE PROCEDURE (a) The coordinator will assign the case to a facilitator. (b) The State Bar will serve a letter of notice upon the respondent lawyer. (1) The letter of notice shall be served by one of the following methods: (A) mailing a copy th…

27 ncac 01d .0709 RECORD KEEPING The coordinator of fee dispute resolution will keep a record of each request for fee dispute resolution. The record must contain the following information: (1) the petitioner's name; (2) the date the petition was received; (3) the respondent's nam…

27 ncac 01D .0710 district bar fee dispute resolution History Note: Authority G.S. 84-23; Adopted Eff. May 4, 2000; Amended Eff. March 11, 2010; Repealed Eff. September 25, 2019.

27 ncac 01D .0711 district bar settlement conference proceedings History Note: Authority G.S. 84-23; Adopted Eff. March 11, 2010; Repealed Eff. September 25, 2019.