Chapter 27 NCAC 01D

27 NCAC 01D .1411 APPOINTMENT OF VICE-CHAIRPERSON The vice-chairperson of the board shall be appointed from the members of the board annually by the council. The term of the vice-chairperson shall be one year. The vice chairperson may be reappointed by the council thereafter duri…

27 NCAC 01D .1412 SOURCE OF FUNDS Funds for the program carried out by the board shall come from: (1) assessments of members of the State Bar as ordered by the Supreme Court, (2) voluntary contributions, (3) general trust accounts when a court determines that the owners of the fu…

27 NCAC 01D .1413 FISCAL RESPONSIBILITY All funds of the board shall be considered funds of the State Bar and shall be maintained, invested, and disbursed as follows: (1) Maintenance of Accounts; Audit - The State Bar shall maintain a separate account for funds of the board such …

27 NCAC 01D .1414 MEETINGS The annual meeting of the board shall be held in October of each year in connection with the annual meeting of the State Bar. The board by resolution may set other regular meeting dates and places. Special meetings of the board may be called at any time…

27 NCAC 01D .1415 ANNUAL REPORT The board shall prepare at least annually a report of its activities and shall present the same to the council at the annual meeting of the State Bar. History Note: Authority Orders of the NC Supreme Court, August 29, 1984, October 10, 1984; Readop…

27 NCAC 01D .1416 Appropriate Uses of the Client Security Fund (a) The board may use or employ the Fund for only the following purposes within the scope of the board's objectives as heretofore outlined: (1) to make reimbursements on approved applications as herein provided; (2) t…

27 NCAC 01D .1417 APPLICATIONS FOR REIMBURSEMENT (a) The board shall prepare a form of application for reimbursement which shall require the following minimum information, and such other information as the board may from time to time specify: (1) the name and address of the appli…

27 NCAC 01D .1418 PROCESSING APPLICATIONS (a) The board shall cause an investigation of all applications filed with the State Bar to determine whether the application is for a reimbursable loss and the extent, if any, to which the applicant should be paid from the Fund. (b) The c…

27 NCAC 01D .1419 SUBROGATION FOR REIMBURSEMENT (a) In the event reimbursement is made to an applicant, the State Bar shall be subrogated to the amount reimbursed and may bring an action against the attorney or the attorney's estate either in the name of the applicant or in the n…

27 NCAC 01D .1420 AUTHORITY RESERVED BY THE SUPREME COURT The Fund may be modified or abolished by the Supreme Court. In the event of abolition, all assets of the Fund shall be disbursed by order of the Supreme Court. History Note: Authority Orders of the NC Supreme Court, August…

SECTION .1500 – RULES GOVERNING THE ADMINISTRATION OF THE CONTINUING LEGAL EDUCATION PROGRAM 27 ncac 01D .1501 SCOPE, PURPOSE AND DEFINITIONS (a) Scope Except as provided herein, these rules shall apply to every active member licensed by the North Carolina State Bar. (b) Purpose …

27 NCAC 01D .1502 JURISDICTION: AUTHORITY The Council of the North Carolina State Bar hereby establishes the Board of Continuing Legal Education ( Board) as a standing committee of the Council, which Board shall have authority to establish regulations governing a continuing legal…

27 NCAC 01D .1503 OPERATIONAL RESPONSIBILITY The responsibility for operating the continuing legal education program shall rest 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. History N…

27 NCAC 01D .1504 SIZE OF BOARD The Board shall have nine members, all of whom must be lawyers in good standing and authorized to practice in the state of North Carolina. History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted…

27 NCAC 01D .1505 LAY PARTICIPATION The Board shall have no members who are not licensed lawyers. History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court June 14,…

27 NCAC 01D .1506 APPOINTMENT OF MEMBERS; WHEN; REMOVAL The members of the Board shall be appointed by the Council. Vacancies occurring by reason of death, resignation, or removal shall be filled by appointment of the Council at the next quarterly meeting following the event givi…

27 NCAC 01D .1507 TERM OF OFFICE Each member who is appointed to 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 appointment is made by the Council. History Note: Authority - Order of the North Carolina Su…

27 NCAC 01D .1508 STAGGERED TERMS Members of the Board shall be elected to staggered terms such that three members are appointed in each year. History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amen…

27 NCAC 01D .1509 SUCCESSION 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. Thereafter, no person may be reappointed without having been off the Board for at least three years.…

27 NCAC 01D .1510 APPOINTMENT OF CHAIRPERSON The chairperson of the Board shall be appointed from time to time as necessary by the Council. The term of such individual as chairperson shall be one year. The chairperson may be reappointed thereafter during his or her tenure on the …

27 NCAC 01D .1511 APPOINTMENT OF VICE-CHAIRPERSON The vice-chairperson of the Board shall be appointed from time to time as necessary by the Council. The term of such individual as vice-chairperson shall be one year. The vice-chairperson may be reappointed thereafter during tenur…

27 ncac 01D .1512 SOURCE OF FUNDS (a) Funding for the program carried out by the Board shall come from an annual CLE attendance fee and program application fees as provided below, as well as from duly assessed penalties for noncompliance and from reinstatement fees. (1) Annual CL…

27 NCAC 01D .1513 Fiscal Responsibility All funds of the Board shall be considered funds of the North Carolina State Bar and shall be administered and disbursed accordingly. (a) Maintenance of Accounts: Audit. The North Carolina State Bar shall maintain a separate account for fun…

27 NCAC 01D .1514 MEETINGS The Board shall meet at least annually. 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, the vice-chairperson, or any two members of the Board…

27 NCAC 01D .1515 ANNUAL REPORT The Board shall prepare at least annually a report of its activities and shall present the same to the Council prior to its annual meeting. History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopte…

27 NCAC 01D .1516 Powers, Duties, and Organization of the Board (a) The Board shall have the following powers and duties: (1) to exercise general supervisory authority over the administration of these rules; (2) to adopt and amend regulations consistent with these rules with the …

27 ncAc 01D .1517 EXEMPTIONS (a) Notification of Board. To qualify for an exemption, a member shall notify the Board of the exemption during the annual membership renewal process or in another manner as directed by the Board. All active members who are exempt are encouraged to at…

27 ncAc 01D .1518 CONTINUING LEGAL EDUCATION requirements (a) Reporting period. Except as provided in Paragraphs (1) and (2) below, the reporting period for the continuing legal education requirements shall be two years, beginning March 1 through the last day of February: (1) New…

27 ncAc 01d .1519 ACCREDITATION STANDARDS The Board shall approve continuing legal education programs that meet the following standards and provisions. (a) They shall have significant intellectual or practical content and the primary objective shall be to increase the participant…

27 ncAc 01d .1520 Requirements for Program Approval (a) Approval. CLE programs may be approved upon the application of a sponsor or an active member on an individual program basis. An application for such CLE program approval shall meet the following requirements: (1) The applica…

27 NCAC 01D .1521 NONCOMPLIANCE (a) Failure to Comply with Rules May Result in Suspension. A member who fails to meet the minimum requirements of these rules, including the payment of duly assessed penalties and fees, may be suspended from the practice of law in North Carolina. (…

27 ncac 01d .1522 Registered Sponsors (a) Registered Sponsor Status. Notwithstanding the requirements of Rule .1520(b), the following rules apply to registered sponsors: (1) Presumptive Approval of Programs. Once an organization is approved as a registered sponsor, the continuing…

27 ncac 01d .1523 Credit for Non-Traditional Programs and Activities (a) Law School Courses. Courses offered by an ABA accredited law school with respect to which academic credit may be earned may be approved programs. Computation of CLE credit for such courses shall be as prescr…

27 NCAC 01D .1524 COMPUTATION OF CREDIT (a) Computation Formula - Credit hours shall be computed by the following formula: Sum of the total minutes of actual instruction / 60 = Total Hours For example, actual instruction totaling 195 minutes would equal 3.25 hours toward CLE. (b)…

27 NCAC 01D .1525 Professionalism Requirement for New Members (PNA) (a) Content and Accreditation. The State Bar PNA program shall consist of 12 hours of training in subjects designated by the State Bar including, but not limited to, professional responsibility, professionalism, …

27 NCAC 01D .1526 Procedures to Effectuate Rule Changes (a) Subject to approval by the Council, the Board may adopt administrative policies and procedures to effectuate the rule changes approved by the Supreme Court on June 14, 2023, in order to: (1) create staggered initial repo…

27 NCAC 01D .1527 REGULATIONS The following regulations (Section .1600 of the Rules of the North Carolina State Bar) for the continuing legal education program are hereby adopted and shall remain in effect until revised or amended by the board with the approval of the council. Th…

SECTION .1600 – REGULATIONS GOVERNING THE ADMINITRATION OF THE CONTINUING LEGAL EDUCATION PROGRAM 27 ncac 01D .1601 RESERVED History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by…

27 ncac 01d .1602 RESERVED History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court: March 6, 1997; March 5, 1998; March 3, 1999; March 1, 2001; June 7, 2001; Marc…

27 NCAC 01D .1603 RESERVED History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court: April 5, 2018; September 25, 2019; Amendments Approved by the Supreme Court Ju…

27 Ncac 01D .1604 RESERVED History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court: March 6, 1997; March 3, 2005; March 2, 2006; March 6, 2008; March 6, 2014; Rul…

27 NCAC 01D .1605 RESERVED History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court: March 3, 1999; October 1, 2003; November 16, 2006; August 23, 2012; September …

27 NCAC. 01D .1606 RESERVED History Note: Authority - Order of the North Carolina Supreme Court, October 7, 1987, 318 N.C. 711; Readopted Eff. December 8, 1994; Amendments Approved by the Supreme Court: December 30, 1998; October 1, 2003; February 5, 2009; October 8, 2009; Novemb…

SECTION .1700 - THE PLAN OF LEGAL SPECIALIZATION 27 NCAC 01D .1701 PURPOSE The purpose of this plan of certified legal specialization is to assist in the delivery of legal services to the public by identifying to the public those lawyers who have demonstrated special knowledge, s…

27 NCAC 01D .1702 JURISDICTION: AUTHORITY 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 Legal Specialization (board) as a standing committee of the council, which board shall be t…

27 NCAC 01D .1703 OPERATIONAL RESPONSIBILITY The responsibility for operating the specialization 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. History Note: Authority G.S…

27 NCAC 01D .1704 SIZE OF BOARD The board shall have nine members, six of whom must be attorneys in good standing and authorized to practice law in the state of North Carolina. The lawyer members of the board shall be representative of the legal profession and shall include lawye…

27 NCAC 01D .1705 LAY PARTICIPATION The board shall have three members who are not licensed attorneys. History Note: Authority G.S. 84-23; Readopted Eff. December 8, 1994.

27 NCAC 01D .1706 APPOINTMENT OF MEMBERS; WHEN; REMOVAL The members of the board shall be appointed by the council. The first members of the board shall be appointed as of the quarterly meeting of the council following the creation of the board. Thereafter, members shall be appoi…

27 NCAC 01D .1707 TERM OF OFFICE Each member who is appointed to 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 appointment is made by the council. See, however, Rule .1708 of this Section. History Note: …