North Carolina Administrative Code

27 NCAC 01E .0103 REGISTRATION WITH THE NORTH CAROLINA STATE BAR (a) Registration of Professional Corporation - At least one of the incorporators of a professional corporation shall be an attorney at law duly licensed to practice in North Carolina. The incorporators shall comply …

27 NCAC 01E .0104 MANAGEMENT AND FINANCIAL MATTERS (a) "Management" At least one director and one officer of a professional corporation and at least one manager of a professional limited liability company shall be active members in good standing with the North Carolina State Bar.…

27 NCAC 01E .0105 GENERAL AND ADMINISTRATIVE PROVISIONS (a) "Administration of Regulations" These regulations shall be administered by the secretary, subject to the review and supervision of the council. The council may from time to time appoint such standing or special committee…

27 NCAC 01E .0106 FORMS (a) "Form PC" 1: Application for Certificate of Registration for a Professional Corporation The undersigned, being all of the incorporators of _______, a professional corporation to be incorporated under the laws of the state of North Carolina for the purp…

section .0200 – REGISTRATION OF INTERSTATE AND INTERNATIONAL LAW FIRMS 27 NCAC 01E .0201 Registration Requirement No law firm or professional organization that (1) maintains offices in North Carolina and one or more other jurisdictions, or (2) files for a certificate of authority…

27 NCAC 01E .0202 CONDITIONS OF REGISTRATION The secretary of the North Carolina State Bar shall issue such a certificate upon satisfaction of the following conditions precedent: (1) There shall be filed with the secretary of the North Carolina State Bar a registration statement …

27 NCAC 01E .0203 REGISTRATION FEE There shall be submitted with each registration statement and supporting documentation a registration fee as an administrative cost which shall be in an amount determined by the council. History Note: Authority G.S. 84-23; Readopted Eff. Decembe…

27 NCAC 01E .0204 CERTIFICATE OF REGISTRATION A certificate of registration shall remain effective until January 1 following the date of filing and may be renewed annually by the secretary of the North Carolina State Bar upon the filing of an updated registration statement which …

27 NCAC 01E .0205 EFFECT OF REGISTRATION This Rule shall not be construed to confer the right to practice law in North Carolina upon any lawyer not licensed to practice law in North Carolina. History Note: Authority G.S. 84-16; 84-23; Readopted Eff. December 8, 1994.

27 NCAC 01E .0206 Non-renewal of Registration If a law firm or professional organization registered under these rules no longer meets the criteria for registration, it shall notify the State Bar in writing. If such written notice is not received by the State Bar on or before Dece…

SECTION .0300 - RULES CONCERNING PREPAID LEGAL SERVICES PLANS 27 NCAC 01E .0301 definitions The following words and phrases when used in this subchapter shall have the meanings given to them in this rule: (a) Counsel – the counsel of the North Carolina State Bar appointed by the …

27 NCAC 01E .0302 state bar jurisdiction The North Carolina State Bar retains jurisdiction over North Carolina licensed attorneys who participate in plans, whose conduct is subject to the rules and regulations of the State Bar. History Note: Authority G.S. 84-23; 84-23.1; Readopt…

27 NCAC 01E .0303 role of authorized practice committee The Authorized Practice Committee ("committee"), as a duly authorized standing committee of the North Carolina State Bar Council, shall oversee the registration of plans in accordance with these rules. The committee shall al…

27 NCAC 01E .0304 index of registered plans The North Carolina State Bar shall maintain an index of the plans registered pursuant to these rules. All documents filed pursuant to these rules shall be available for public inspection during regular business hours. History Note: Auth…

27 NCAC 01E .0305 Registration requirement A plan shall be registered with the North Carolina State Bar before operating in North Carolina. Registration shall be evidenced by a certificate of registration issued by the State Bar. No plan may operate in any manner that violates th…

27 NCAC 01E .0306 registration fees The initial and annual registration fees for each plan shall be determined by the council and shall be non-refundable. History Note: Authority G.S. 84-23; 84-23.1; Readopted Eff. Dec 8, 1994; Amendments Approved by the Supreme Court: August 23,…

27 NCAC 01E .0307 Registration procedures To register a plan, the plan owner shall complete the initial registration statement form contained in Rule .0310 and file it with the secretary of the North Carolina State Bar. History Note: Authority G.S. 84-23; 84-23.1; Readopted Eff. …

27 NCAC 01E .0308 initial Registration determination Counsel shall review the plan's initial registration statement. If the plan satisfies the requirements for registration, the secretary shall issue a certificate of registration to the plan owner. If the plan does not satisfy th…

27 NCAC 01E .0309 registration does not constitute approval The registration of any plan under these rules shall not be construed to indicate approval, disapproval, or an endorsement of the plan by the North Carolina State Bar. Any plan that advertises or otherwise represents tha…

27 NCAC 01E .0310 Initial Registration statement form Initial Registration Statement Form for Prepaid Legal Services Plan Any person or entity seeking to operate a prepaid legal services plan shall register the plan with the North Carolina State Bar on the initial registration st…

27 NCAC 01E .0311 annual registration renewal After its initial registration, a plan may continue to operate so long as it timely files the proscribed registration renewal form and its operation is consistent with its registration statement. The plan owner shall file the registra…

27 NCAC 01E .0312 registration renewal form Registration Renewal Form for Prepaid Legal Services Plan Each prepaid legal services plan registered to operate in North Carolina shall renew its registration each year. If a plan fails to file the registration renewal form and pay the…

27 NCAC 01E .0313 registration amendments (a) A plan owner shall file an amendment to its registration statement ("registration amendment") to document any change in the information provided in its initial registration statement or in its last registration renewal form. A plan ow…

27 NCAC 01E .0314 determination of registration amendments Counsel shall review a plan's registration amendment. If counsel determines that the plan will continue to satisfy the requirements for registration, counsel shall inform the plan owner that the plan's registration amendm…

27 NCAC 01E .0315 registration amendment form Registration Amendment Form for Prepaid Legal Services Plan A prepaid legal services plan shall file a registration amendment form with the secretary of the North Carolina State Bar no later than 30 days after a change in the informat…

27 NCAC 01E .0316 revocation of registration Whenever it appears that a plan: (1) no longer meets the definition of a prepaid legal services plan; (2) is marketed or operates in a manner that is not consistent with the representations made in the initial registration statement, t…

27 NCAC 01E .0317 hearing before the authorized practice committee The chair of the Authorized Practice Committee shall preside at any hearing concerning the registration of a prepaid legal services plan. The chair shall cause a record of the proceedings to be made. Strict compli…

27 NCAC 01E .0318 action by the council Upon the recommendation of the Authorized Practice Committee, the council may enter an order denying or revoking the registration of a plan. The order shall be effective when entered by the council. A copy of the order shall be served upon …

SECTION .0400 - RULES FOR ARBITRATION OF INTERNAL LAW FIRM DISPUTES 27 NCAC 01E .0401 PURPOSE Subject to these rules, the North Carolina State Bar will administer a voluntary binding arbitration program for resolution of disputed issues between lawyers arising out of the dissolut…

27 NCAC 01E .0402 SUBMISSION TO ARBITRATION The program is voluntary. The procedure shall be instituted by a written submission to arbitration agreement, executed by all the parties to the dispute, in a form and manner as provided by the executive director of the North Carolina S…

27 NCAC 01E .0403 JURISDICTION The procedure may be used for the resolution of any dispute if all of the following conditions are met: (1) the disputed issues submitted to arbitration hereunder shall be solely between or among lawyers who are members of the same law firm; (2) the…

27 NCAC 01E .0404 ADMINISTRATION The North Carolina State Bar is the administrator of the arbitration program, through its executive director and his designees, to carry out all administrative functions, including those specified in Rules .0406 through .0410 of this subchapter. H…

27 NCAC 01E .0405 UNIFORM ARBITRATION ACT Except as modified herein, all arbitration procedures will be governed by Article 45A of Chapter 1 of the General Statutes of North Carolina (Uniform Arbitration Act). Said Uniform Arbitration Act and any amendments thereto are hereby inc…

27 NCAC 01E .0406 LIST OF ARBITRATORS The North Carolina State Bar shall establish a list of arbitrators, consisting of attorneys or retired judges, who have been members of the North Carolina State Bar for at least 10 years and who have indicated a willingness to serve. The part…

27 NCAC 01E .0407 SELECTION OF ARBITRATORS If three arbitrators are to be selected, then (1) each party to the dispute shall, within 10 days after receipt of notice from the administrator, select one arbitrator on the approved list who shall be contacted by the administrator conc…

27 NCAC 01E .0408 FEES AND EXPENSES All expenses and the arbitrator(s') fees shall be paid by the parties. Arbitrator(s') compensation shall be at the same rate paid to retired judges who are assigned to temporary active service as provided in G.S. 7A-52 or any successor statutor…

27 NCAC 01E .0409 CONFIDENTIALITY It is the policy of the North Carolina State Bar to protect the confidentiality of all arbitration proceedings. The parties, the arbitrators, and the North Carolina State Bar shall keep all proceedings confidential, except that any final award sh…

27 NCAC 01E .0410 AUTHORITY TO ADOPT AMENDMENTS AND REGULATIONS The North Carolina State Bar may, from time to time, adopt and amend procedures and regulations consistent with these rules and amend or supplement these rules or otherwise regulate the arbitration procedure. History…

SUBCHAPTER 1F - REGULATIONS FOR FOREIGN LEGAL CONSULTANTS SECTION .0100 - FOREIGN LEGAL CONSULTANTS 27 NCAC 01F .0101 APPLICATIONS All applications for certification as a foreign legal consultant must be made on forms supplied by the North Carolina State Bar and must be complete …

27 NCAC 01F .0102 APPLICATION FORM (a) The application for certification as a foreign legal consultant form requires an applicant to supply full and complete information under oath relating to the applicant's background, including family history, past and current residences, educ…

27 NCAC 01F .0103 REQUIREMENTS FOR APPLICANTS As a prerequisite to being certified as a foreign legal consultant, an applicant shall: (1) Possess the qualifications of character and general fitness requisite for an attorney and counselor at law and be of good moral character and …

27 NCAC 01F .0104 BURDEN OF PROVING MORAL CHARACTER AND GENERAL FITNESS Every applicant shall have the burden of proving that the applicant possesses the qualifications of character and general fitness requisite for an attorney and counselor-at-law and is possessed of good moral …

27 NCAC 01F .0105 FAILURE TO DISCLOSE No one shall be issued a certificate of registration as a foreign legal consultant in this state: (1) Who fails to disclose fully to the Bar, whether requested to do so or not, the facts relating to any disciplinary proceedings or charges as …

27 NCAC 01F .0106 Investigation by Counsel The counsel will conduct any necessary investigation regarding the application and will advise the Administrative Committee of the North Carolina State Bar of the findings of any such investigation. History Note: Authority G.S. 84A-1 to …

27 NCAC 01F .0107 Recommendation of Administrative Committee (a) Upon receipt of all completed application forms, attachments, filing fees and information required by the Bar, and completion of the Bar's investigation, the committee shall make a written recommendation to the coun…

27 NCAC 01F .0108 Appeal from Committee Decision (a) The applicant will have 30 days from the date of service of the committee's recommendation in which to serve a written request for a hearing upon the secretary pursuant to Rule 4 of the N.C. Rules of Civil Procedure. (b) If the…

27 NCAC 01F .0109 Hearing Procedure (a) Notice, Time & Place of Hearing (1) The chair of the committee shall fix the time and place of hearing within 30 days after the applicant's request for a hearing is served upon the secretary. The hearing shall be held as soon as practicable…

27 NCAC 01F .0110 REVIEW AND ORDER OF COUNCIL (a) Review by Council. The applicant shall compile a record of the proceedings before the hearing panel, including a legible copy of the complete transcript, all exhibits introduced into evidence at the hearing, all pleadings and all …

27 NCAC 01F .0111 APPLICATION FEES; REFUNDS; RETURNED CHECKS (a) Every application and every reapplication for certification as a foreign legal consultant shall be accompanied by a fee of two hundred dollars ($200.00) paid in U.S. currency. (b) No part of the fee will be refunded…

27 NCAC 01F .0112 PERMANENT RECORD All information furnished to the Bar by an applicant shall be deemed material, and all such information shall be and become a permanent record of the Bar. Records, papers and other documents containing information collected or compiled by the No…