FAQs
Frequently Asked Questions
Make a selection by clicking on a topic below.
Admission to the North Carolina State Bar
Q: How can I become a member of the North Carolina State Bar?
Admission to the North Carolina State Bar is the responsibility of the North Carolina Board of Law Examiners. An application and information about admission may be obtained by calling the board at (919) 828-4886 or writing to the board at P.O. Box 2946, Raleigh, NC 27601 or 1 Exchange Plaza, Suite 700, Raleigh NC 27601.
Q: I just received my letter from the Board of Law Examiners, notifying me that I have passed the bar exam. What must I do before I begin practicing law?
You must take the oath of office and be sworn in as an attorney by any state district or superior court judge in open court before you may begin practicing law.
Q: Where do I get an oath of office form?
The Board of Law Examiners supplies the oath forms to bar applicants. If you lose your form, you may obtain another copy by contacting the North Carolina State Bar or the Board of Law Examiners (919.828.4886).
You can also download an oath form from the Forms section of this website by selecting Forms from the main menu and then selecting Membership & Fees from the drop down menu.
Q: What documents must I take to the admission ceremony?
Ordinarily, new lawyers must take an original and two copies of the oath of office and his or her law license to the ceremony.
Q: What if I want to get sworn in after I am admitted but before I receive my law license in the mail?
If the judge will accept some other evidence of admission, that is fine. You should check with the judge ahead of time, however, to find out what proof or evidence the judge will accept.
Q: When can I get sworn in?
The bigger counties, such as Wake, Mecklenburg, Forsyth, and Guilford, usually schedule mass swearing-in sessions at the courthouse in March and August of each year, after the bar results come out. You can check with the trial court administrator or clerk of court to find out if there is such a ceremony planned in your area. If there is no group ceremony planned, or if you can't wait until one is held, you can arrange a private swearing in ceremony by calling the judge's chambers and scheduling an appointment.
Q: Do I have to bring a North Carolina attorney with me to introduce me to the court at the admissions ceremony?
This is not required by statute, but is often done as a matter of custom. If you don't know a North Carolina attorney who can introduce you, you may introduce yourself to the court.
Q: May I wait a year or longer to be sworn in after I pass the bar?
Yes. Once you have passed the bar examination, you may be sworn in at any time thereafter. North Carolina has no deadline by which successful bar applicants must take the oath of office. However, you may not practice law in North Carolina until you are sworn in.
Q: If I wait to get sworn in will I still have to pay the annual membership dues to the North Carolina State Bar?
Yes. Even though you are not sworn in, after you pass the bar exam, you will be an active member of the North Carolina State Bar and required to pay annual dues and complete the annual mandatory CLE requirements. See the FAQs for "Membership" and "Continuing Legal Education" for more information on these requirements and how to petition to become an inactive member of the State Bar.
Q: May I be sworn in by telephone?
No. You must take the oath of office in person in open court.
Q: Can I get admitted to practice in the federal courts before I get sworn in to practice in the North Carolina state courts?
No. The federal courts in North Carolina require new lawyers to be admitted to the North Carolina courts before being admitted to practice in the federal courts. You should contact the clerk of the federal court where you wish to be admitted to find out how to apply for admission in the federal system.
Q: What is the Client Security Fund?
The Client Security Fund was established by the North Carolina Supreme Court by order dated August 29, 1984. The fund is administered by a board of trustees appointed by the North Carolina State Bar Council. Its purpose is to reimburse, in whole or in part in appropriate cases and subject to the provisions and limitations of the Supreme Court's orders and State Bar rules, clients who have suffered financial loss as the result of dishonest conduct of lawyers engaged in the private practice of law in North Carolina.
Q: Where are the rules governing the administration of the Client Security Fund?
Q: Is a lawyer required to pay the Client Security Fund Assessment to maintain his or her active status with the State Bar?
Yes.
Q: What losses are reimbursable?
Reimbursable losses are losses of money or property that satisfy the following conditions:
(1) the dishonest conduct occurred on or after January 1, 1985;
(2) the loss was caused by dishonest conduct of an attorney acting as attorney for the applicant or in a fiduciary capacity for the benefit of the applicant customary to the private practice of law in the matter in which the loss arose; and
(3) the applicant has exhausted all viable means to collect the applicant's losses otherwise than from the fund. See 27 NCAC 1D, Rule .1401(b)(7).
Q: What losses are not reimbursable?
Certain losses are specifically declared by the rules to be non-reimbursable. See 27 NCAC 1D, Rule .1401(b)(8). They are:
(1) losses of a spouse, parent, grandparent, child, brother, sister, partner, associate, or employee of the attorney causing the loss;
(2) losses covered by any bond, security agreement, or insurance contract, to the extent covered;
(3) losses of any business entity with which the attorney or any person described in (1) above is an officer, director, shareholder, partner, joint venturer, promoter, or employee;
(4) losses for which reimbursement has otherwise been received from or paid by or on behalf of the attorney who committed the dishonest conduct; and
(5) losses in investment transactions in which there was neither a contemporaneous attorney/client relationship between the attorney and the applicant nor a contemporaneous fiduciary relationship between the attorney and the applicant.
Q: How much is reimbursed?
The fund only reimburses the actual amount embezzled or misappropriated by the attorney. It does not reimburse any related additional losses or damages, such as interest, fees paid to another attorney to represent the applicant against the attorney or before the Client Security Fund Board, penalties for late payment of taxes, and the like.
Q: Does the Client Security Fund Board pay all claims in full?
Any reimbursement by the fund is within the sole discretion of the board and not a matter of right. For any amount to be paid, the claim must first be shown to be one that is a reimbursable loss. Further, in deciding whether to pay any or all of a claim, the board may consider such things as the financial condition of the fund, any negligence of the applicant that contributed to the loss, the comparative hardship the applicant suffered because of the loss, the total amount of reimbursable losses in previous years for which complete reimbursement has not yet been made, the total assets of the fund, and the amount of insurance or other sources of funds available to compensate an applicant for a reimbursable loss.
Q: Are there dollar limits on reimbursements?
Yes. The fund does not reimburse otherwise reimbursable losses sustained by any one applicant as a result of dishonest conduct of one attorney in an amount exceeding $100,000.00.
Q: How are applications processed?
When a written application is filed, it is investigated by an investigator employed by the fund. When the investigation is complete, the application is placed on the agenda of a quarterly meeting of the Client Security Fund Board. A copy of the application is sent to the attorney who is alleged to have committed dishonest conduct. When the board meets, it may request testimony from the applicant or others having knowledge of the facts, and the attorney will be given an opportunity to be heard if requested. The application, investigation, reports, and hearing are confidential unless and until the board authorizes reimbursement or the attorney requests that the matter be made public. However, relevant information may be provided by the board to disciplinary committees of the North Carolina State Bar or anyone else to whom the council of the North Carolina State Bar authorizes release of information.
Continuing Legal Education (CLE)
For further explanation of legal ethics, please see
How the State Bar Rules on Questions of Legal Ethics
Q: How do I get a question of legal ethics answered?
If the question relates to your own prospective conduct, you may telephone the State Bar at (919) 828-4620. There are three lawyers on the staff who answer ethics questions. If the question relates to the conduct of another lawyer, you must write to the State Bar for a response and send a copy of the letter to the lawyer whose conduct is at issue. This will give the other lawyer an opportunity to comment upon the inquiry. If the question relates to past conduct (your own or that of another lawyer), the staff may decline to answer. Also, inquiries that involve novel or controversial questions of legal ethics will not be answered over the telephone. You will be asked to put the question in writing and mail it to the Ethics Committee for its consideration at its next quarterly meeting.
Q: If I get an opinion over the phone from a State Bar staff lawyer, may I rely upon the advice I receive? Is the opinion binding on the State Bar?
Opinions given over the phone are informal. Oral ethics opinions provide feedback and guidance to lawyers who are trying to deal with difficult ethical dilemmas. Although an oral opinion is not a formal ethics ruling because it cannot be reviewed and approved by the Ethics Committee, you may rely upon the advice you receive. If a grievance is subsequently filed against you, the fact that you sought the informal opinion of the State Bar and acted accordingly will be evidence of a good faith effort to comply with the Revised Rules of Professional Conduct.
Q: If I seek ethics advice, either over the telephone or via email, is the information provided and the advice received confidential?
Yes. The Bar's program for providing informal ethics advisories to inquiring attorneys is a desigated lawyers' assistance program and information received by designated staff counsel from an attorney seeking an informal ethics advisory shall be confidential information pursuant to Rule 1.6(c) of the Rules of Professional Conduct. Such information may only be disclosed as allowed by Rule 1.6(b), and as necessary to respond to a false or misleading statement made about an informal ethics advisory. In addition, if an attorney's response to a grievance proceeding relies in whole or in part upon the receipt of an informal ethics advisory, confidential information may be disclosed to Bar counsel, the Grievance Committee, or other appropriate disciplinary authority.
Q: When is an ethics question sent to the full Ethics Committee for a response?
Only written inquiries are sent to the Ethics Committee. If your inquiry involves the conduct of another lawyer, you will be asked to reduce the inquiry to writing for submission to the full committee. Questions involving matters of first impression or controversy are always sent to the full committee.
Q: Where do I find the rules for the procedures of the Ethics Committee for ruling on questions of legal ethics?
Q: How do I comment on a proposed ethics opinion published in the State Bar Journal or on this website?
Send a letter to the Ethics Committee at PO Box 25908, Raleigh, NC 27611, or e-mail Alice Mine. All letters of comment received prior to the next meeting of the Ethics Committee are provided to the members of the committee for consideration. Letters of comment should be sent as soon as possible after the publication of the proposed opinion to facilitate their inclusion in the materials mailed to the members of the Ethics Committee prior to the meeting.
Q: May I attend a meeting of the Ethics Committee? If so, may I comment on an ethics inquiry or a proposed opinion?
All meetings of the Ethics Committee are public. The committee meets on a quarterly basis in conjunction with the State Bar Council's quarterly meetings in January, April, July, and October. Call the State Bar for the date and location of each meeting. At the meeting of the committee, if you are recognized by the chairperson, you will be given the floor to comment briefly on a proposed opinion or new inquiry.
Q: If I send a written inquiry to the Ethics Committee, will it be kept confidential?
No. Your inquiry will become part of the records of the State Bar. As a state agency, most records of the State Bar are public. You may want to put your inquiry in a hypothetical format to avoid improper disclosure of confidential client information.
Q: Are there any limitations on the types of ethics inquiries that I may submit to the Bar?
Yes. An opinion will not be provided if the material facts of the inquiry are in dispute or the inquiry requires an interpretation of law rather than legal ethics. A written inquiry that discloses a possible violation of the Revised Rules of Professional Conduct may be referred to the Grievance Committee of the State Bar for investigation. If an oral inquiry discloses a possible violation of the Revised Rules, the caller may be encouraged to report the matter to the State Bar. Inquiries relative to a conflict of interest that is the subject of a motion to disqualify pending before a tribunal will not be answered unless the tribunal requests the opinion of the State Bar.
Q: Are the formal ethics opinions of the State Bar binding upon the members of the North Carolina State Bar?
While ethics opinions do not themselves have the force of law, they are regarded as definitive interpretations of the Revised Rules of Professional Conduct by the North Carolina State Bar Council. As such, ethics opinions are often the basis upon which decisions are made by the Grievance Committee in regard to matters of alleged professional misconduct and by the Disciplinary Hearing Commission in regard to formal charges of professional misconduct. As final decisions of the North Carolina State Bar Council, ethics opinions are appealable under the terms of the Administrative Procedures Act to the Superior Court of Wake County.
North Carolina lawyers should regard the State Bar's ethics opinions as binding as a matter of professionalism. Although there is often disagreement as to conclusions reached by the Ethics Committee and the council, a lawyer who values his or her reputation as a true professional would never intentionally disregard an ethics opinion. Rather, such a lawyer should avail himself or herself of existing procedures to seek reconsideration of an opinion with which he or she disagrees.
Q: When does a proposed ethics opinion become a final opinion of the State Bar Council?
An ethics opinion is not final until it is approved by the State Bar Council. This usually occurs upon motion of the Ethics Committee at the quarterly meeting immediately following the publication of the proposed opinion. Proposed ethics opinions are published in the State Bar Journal after every quarterly meeting of the State Bar Council. If written comments or requests to be heard are received about a proposed opinion, it is reconsidered by the Ethics Committee at its next quarterly meeting. The committee may decide to revise the proposed opinion and republish it in the Journal for further comment or it may decide that the proposed opinion is the proper response to the inquiry and request that the council approve the opinion as published. A proposed opinion may go through the reconsideration process several times.
Q: When is a lawyer required to participate in the State Bar's fee dispute resolution program?
Rule 1.5(f) of the Revised Rules of Professional Conduct requires a lawyer with a dispute with a client over a legal fee to notify the client of the North Carolina State Bar's program of fee dispute resolution at least 30 days prior to initiating a legal proceeding to collect the disputed fee.
Q: When is a legal fee in "dispute?"
A fee is in dispute if the client questions or objects to the amount billed. Also, if a client fails to pay the bill, it is assumed that the fee is disputed unless the client affirms the obligation in writing or verbally. If a client pays by a check that is subsequently returned for insufficient funds, it is assumed that the client has affirmed the obligation and the lawyer is not required to notify the client of the fee dispute resolution program.
Q: What are the notification requirements to a client relative to the fee dispute resolution program prior to initiating suit to collect a legal fee?
The client must be notified of the right to participate in the fee dispute resolution program at least 30 days before filing suit against the client to collect the fee. See Rule 1.5(f) of the Revised Rules of Professional Conduct. A sample notice letter may be found on the Forms page of this website.
Q: May a lawyer notify a client of the fee dispute resolution program even though she does not intend to sue the client to collect the fee?
Yes. Although a lawyer does not ultimately intend to sue a client to collect a fee if the client fails to pay, a lawyer may nevertheless seek the client's participation in the fee dispute resolution program in an effort to collect the fee or some portion thereof.
Q: Where do I find the rules governing the procedures of the Grievance Committee of the State Bar and the Disciplinary Hearing Commission?
Q: Where do I find the rules governing the procedures of local grievance committees?
Q: If I get a letter of notice that a grievance has been filed against me, can I get more time to respond?
Yes, you can usually get more time to respond. To request additional time, call the North Carolina State Bar at (919) 828-4620 and ask to speak to the staff lawyer assigned to your grievance. The lawyer has authority to give you additional time to respond if the circumstances so warrant.
Q: I just received notice that a grievance has been filed against me with the State Bar. Who can I talk to about the complaint?
If you have a question about a complaint that has been filed against you, call the State Bar at (919) 828-4620 and ask to speak to the staff attorney assigned to the complaint. If you don't know the staff attorney's name, the receptionist will assist you.
Q: If I get a letter of notice of a grievance, does it mean that the State Bar believes everything that the complainant said about me?
No. A letter of notice is a communication to a respondent setting forth the substance of the complaint that has been filed with the State Bar. A letter of notice is not a pleading or an accusation by the State Bar against you. However, you must respond to the letter of notice in a timely fashion. Failure to respond may be an independent basis for discipline. See 27 NCAC 1B, Rule .0112(c).
Q: Do I need a lawyer to prepare my response to a grievance?
No, generally you do not need a lawyer to prepare your response. However, there are several lawyers who regularly handle matters before the Grievance Committee of the State Bar and the Disciplinary Hearing Commission. You may contact the State Bar to obtain the names of these lawyers.
Q: As a part of my defense against a grievance, may I testify before the Grievance Committee of the State Bar?
No. The proceedings of the Grievance Committee are closed to the public. The committee decides all matters on the written submissions and does not take testimony.
Q: Why do I have to answer this letter of notice that a grievance has been filed against me?
As a member of the North Carolina State Bar, you must comply with the rules of the State Bar. Rule .0112(c) of the Discipline and Disability Rules (27 NCAC 1B, Section .0100) states that a lawyer must respond to a letter of notice within 15 days and the response must be "a full and fair disclosure of all the facts and circumstances pertaining to the alleged misconduct."
Q: How long will it take the State Bar Grievance Committee to rule on a grievance?
The time it takes the Grievance Committee to rule on a grievance depends upon the complexity of the case. Some grievances are decided by the entire Committee, which meets once a quarter, in January, April, July and October. Grievances which do not appear to have merit are considered on a rolling basis throughout the quarter by the Chairman and, in some cases, another Committee member.
Q: Why are some grievances sent to local grievance committees for investigation and not others?
Not all judicial districts have local grievance committees. Also, whether a file is sent to a local grievance committee depends upon the nature of the complaint and the caseload of the local committee. Grievances involving allegations of criminal misconduct or financial wrongdoing are never sent to the local grievance committees.
Q: If I am required by Rule 8.3 of the Revised Rules of Professional Conduct to report another lawyer for a possible violation of the Revised Rules, will the accused lawyer be told that I reported him or her?
You may request that your identity be held in confidence and, generally, the State Bar is able to comply with this request. However, the State Bar may reveal the identity of a reporting lawyer to the accused lawyer if such disclosure is required by law, by considerations of due process, or where identification of the reporting lawyer is essential to the preparation of the lawyer's defense to the grievance or formal disciplinary complaint. See 27 NCAC 1B, Rule .0111(d).
Because of the State Bar's confidentiality rules, a lawyer who reports alleged misconduct of another member of the bar but who is not identified as the complaining party is not advised of the progress of the investigation or outcome of the complaint, unless the State Bar actually takes some public action in the matter.
Q: Can I be disciplined for violation of a formal ethics opinion of the State Bar?
In disciplinary matters, lawyers are not charged with violations of ethics opinions. Rather, they are charged with violations of the Revised Rules of Professional Conduct. Ethics opinions do not themselves have the force of law. However, they are regarded as definitive interpretations of the Revised Rules of Professional Conduct by the council of the North Carolina State Bar. As such, ethics opinions are often the basis upon which decisions are made by the Grievance Committee in regard to matters of alleged professional misconduct and by the Disciplinary Hearing Commission in regard to formal charges of professional misconduct.
A. All active members of the North Carolina State Bar who maintain general client trust accounts in North Carolina must ensure that all their general client trust accounts are established as interest-bearing IOLTA accounts. Lawyers must certify annually when paying their NC State Bar Dues—either on the Dues Notice form or electronically—that all general client trust accounts maintained by the lawyer/law firm are IOLTA accounts. Lawyers must be in compliance with this requirement no later than June 30.
Lawyers must also inform NC IOLTA when opening or closing IOLTA accounts. The NC IOLTA Status Update Form should be used for this purpose. It should also be used to report employment or address changes.
Q. Does maintaining my general client trust accounts as interest-bearing IOLTA accounts affect my trust account practices?
A. No. Maintaining general client trust accounts as interest-bearing IOLTA accounts does not affect a lawyer's trust account practices. The depository bank will calculate and remit all accumulated interest, less any service charges, directly to NC IOLTA. The principal balance of the account will never be affected. Of course, lawyers still retain complete discretion to determine whether a trust deposit is of sufficient size or duration to justify placement in a separate (dedicated) interest bearing account.
For assistance with trust account guidelines, refer to the State Bar's Trust Account Handbook. To download the State Bar's NSF Notification Form, click here.
Q. How are service charges on IOLTA accounts handled?
A. The IOLTA program pays normal service charges on all IOLTA accounts. Banks have been instructed to deduct such charges from accumulated interest due IOLTA. IOLTA does not pay for service charges resulting from NSF notification, stop payment charges, or check printing charges. However, IOLTA will pay a one time check printing charge if, in order to establish an IOLTA account, a lawyer must obtain a new trust account number or change banks.
Q. What are the tax consequences of IOLTA participation?
A. According to the Internal Revenue Service, maintaining IOLTA accounts imposes no tax consequences to the client or the lawyer. See Revenue Ruling 81-209. Each IOLTA account bears the tax identification number of the NC IOLTA Board of Trustees to ensure that all accumulated interest is reported as income of the IOLTA program. If your bank needs IOLTA's tax id number, please contact the IOLTA office.
Q. How are clients informed about IOLTA?
A. In 1988, the North Carolina Supreme Court approved the posting of a Client Notice Certificate in order to inform clients about the IOLTA program. NC IOLTA provides Client Notices to attorneys at no charge.
Q. Does maintaining IOLTA accounts deprive clients of any funds to which they are entitled?
A. No. Trust moneys of the type placed in IOLTA accounts (nominal in amount or expected to be held for a short duration) have traditionally been deposited in lawyers' pooled trust accounts. Prior to the establishing of IOLTA programs, such accounts did not earn interest. The North Carolina State Bar now requires general trust accounts to earn interest, which is remitted to NC IOLTA for funding law-related charitable purposes.
Of course, lawyers still retain complete discretion to determine whether a trust deposit is of sufficient size or duration to justify placement in a separate (dedicated) interest bearing account.
Q. What if I want to open my general trust account at a bank that does not currently have IOLTA accounts?
A. A list of North Carolina banks that currently have IOLTA accounts is maintained by NC IOLTA. If you and/or your banker need assistance to establish an IOLTA account at a bank that is not listed, please contact the IOLTA office at 919-828-0477 or see this page.
A. The North Carolina State Bar and the North Carolina Supreme Court allows IOLTA funds to be used, after administrative expenses, to fund grants under the following four categories:
1. providing civil legal aid to indigents;
2. enhancement and improvement of grievance and disciplinary procedures for lawyers;
3. development and maintenance of a fund for student loans for legal education on the basis of need; and
4. such other programs designed to improve the administration of justice as may be proposed by the IOLTA Board of Trustees and approved by the North Carolina Supreme Court.
IOLTA funds are not used for the Client Security Fund that reimburses clients who have suffered financial loss as the result of dishonest conduct of lawyers engaged in the private practice of law in North Carolina.
IOLTA administration costs are paid from program income and have consistently been under ten percent of income since its inception.
Q. Where can I find rules governing NC IOLTA?
A. See 27 NCAC 1D, Sections .1301-.1316 and Rule 1.15-4 of the Revised Rules of Professional Conduct.
For more information about IOLTA, please contact our office. We are here to serve you.
Evelyn Pursley, Executive Director
Claire Mills, Accounts Manager
Sonja Puryear, Administrative Assistant
IOLTA
208 Fayetteville Street
Post Office Box 2687
Raleigh, North Carolina 27602
(919) 828-0477
(888) 828-1718 fax
iolta@ncbar.gov
Q: What information is available about a North Carolina lawyer's legal malpractice insurance coverage?
All North Carolina lawyers are required to inform the State Bar as to whether they maintain legal malpractice insurance. Get more information about this requirement or legal malpractice insurance generally. To find out whether a particular lawyer is in private practice and whether he or she maintains legal malpractice insurance, go to the NC State Bar Member Directory.
Q: Where do I find the rules relating to membership in the North Carolina State Bar?
See 27 NCAC 1A, Section .0200 and 27 NCAC 1D, Sections .0900 and .1000
Q: Is my membership in the North Carolina State Bar mandatory?
Yes, to be entitled to practice law in North Carolina, you must be an active member of the North Carolina State Bar in good standing.
Q: What am I required to do to remain an active member of the North Carolina State Bar?
Pay the annual dues assessment and the assessment for the Client Security Fund, fulfill the CLE requirements, comply with the Revised Rules of Professional Conduct, and maintain membership in the district (local) bar where you work or reside.
Q: How much are the mandatory annual dues and when are they due?
For 2007, the annual dues are $310.00. This amount was established by the council of the North Carolina State Bar pursuant to the authority granted to the council by the General Assembly in NCGS §84-34.
A dues notice for the subsequent calendar year is mailed to every active member of the State Bar on or before December 1 of each year, followed by additional reminders. The dues notice, together with the dues payment, must be returned to the State Bar on or before June 30 of the year for which the dues are owed.Q: What if I do not pay the dues by June 30?
You will owe a late fee of $30.00. Continued failure to pay the dues may result in your suspension from membership in the State Bar. See 27 NCAC 1D, Rule .0903.
If you are suspended, you will have to file a petition with the membership department of the State Bar entitled "Petition for Suspended Attorney to Become Active" (available on the Forms page). You will also have to pay a reinstatement fee of $125.00 (if you were suspended by the CLE Department, the reinstatement fee is $250.00) together with all dues, fees, and fines owed to the State Bar at the time you were suspended. In addition, you will have to complete all of the continuing legal education requirements owed at the time you were suspended.Q: How much is the Client Security Fund assessment and when is it due?
The Client Security Fund assessment is set by the North Carolina Supreme Court depending upon the needs of the fund. For 2007, the Supreme Court ordered an assessment of $25.00. The assessment must be paid at the same time as the annual dues on or before June 30.
The dues notice mailed to all active members of the State Bar in December includes notice of the Client Security Fund assessment.Q: What if I do not pay the Client Security Fund assessment by June 30?
Continued failure to pay the assessment may result in your suspension from active membership in the State Bar.
Q: When I become a member of the North Carolina State Bar by passing the examination of the Board of Law Examiners, when will I owe dues for the first time?
The calendar year following the year of your admission to the State Bar. See NCGS §84-34 and 27 NCAC 1A, Rule .0203(c).
Q: When I become a member of the North Carolina State Bar by comity after the first of a calendar year, when will I owe dues for the first time?
You will owe dues for the year in which you are admitted regardless of when during the year you are admitted. The bar is prohibited by law from prorating the dues. You will be sent a dues notice. See NCGS §84-34 and 27 NCAC 1A, Rule .0203(c).
Q: If I obtain an exemption from the continuing legal education requirements, am I exempt from the obligation to pay the State Bar dues and/or the Client Security Fund assessment?
No.
Q: What if I no longer practice North Carolina law and I no longer want to pay the dues or the Client Security Fund assessment?
You must petition to become an inactive member of the State Bar to be relieved of the duty to pay dues or the Client Security Fund assessment. You must complete and file a petition with the membership department of the State Bar entitled "Petition for Transfer to Inactive Status to the Council of the North Carolina State Bar" (available on the Forms page). See 27 NCAC 1D, Rule .0901.
Q: How do I retire or resign from the North Carolina State Bar?
You must petition to become an inactive member of the State Bar. See the answer to the preceding question.
Q: Is there a fee for becoming an inactive member of the State Bar?
No. But you must pay all fees, fines, penalties, and assessments owed to the State Bar at the time that you petition for inactive status.
Q: How do I return to active membership in the State Bar after obtaining inactive membership status?
You must petition to be reinstated as an active member of the State Bar. You must complete and file a petition with the membership department of the State Bar entitled "Petition for Inactive Attorney to Become Active" (available on the Forms page).The reinstatement application must be accompanied by a fee of $125.00 and the dues for the year in which you seek reinstatement. See 27 NCAC 1D, Rule .0902.
If you have been inactive for two or more years and became inactive on or after January 1, 1996, you will have to complete 15 hours of continuing legal education prior to reinstatement. See 27 NCAC 1D, Rule .0902(b)(4).
Q: How do I obtain a certificate of good standing?
Mail a written request and a check (no cash/credit card payments) in the amount of $5.00 (per certificate) to: The North Carolina State Bar, Attn: Membership, PO Box 25908, Raleigh, NC 27611. Include in the body of your letter: what you are requesting, name of the attorney, Bar #, and where you would like the certificate mailed. NOTE: Make sure you need it from the State Bar and not the highest court. If you do need it from the highest court, contact the Supreme Court Clerk’s Office at 919-733-3723.
Q: How do I obtain a copy of my bar application?
For a copy of your bar application, you need to mail a written request with a check (no cash/credit card payments) in the amount of $10.00 (per copy) to: The North Carolina State Bar, Attn: Membership, PO Box 25908, Raleigh, NC 27611. Include in the body of your letter: what you are requesting, your name, Bar #, and where you would like the copy of the application mailed. (Requests accepted from the attorney only.)
Q: Am I required to be a member of a district (local) bar?
Yes. Every active member of the State Bar must be a member of the judicial district bar where he/she resides or works.
Q: What if I reside and practice in two different judicial districts?
You can choose between the districts. You must notify the State Bar in writing if you elect to be a member of the district bar that is different from your address on record with the State Bar. You may email, mail, or fax an informal notice to the North Carolina State Bar. Email can be sent to bmclamb@ncbar.gov; mail can be sent to Attn: Membership Dept., PO Box 25908, Raleigh, NC 27611; a fax can be sent to the attention of the membership department at (919) 821-9168.
Q: What if I do not reside or maintain an office in North Carolina?
You are not required to belong to a district bar or pay district bar dues.
Q: Are judicial district bar dues mandatory?
Yes. (NCGS §84-18).
Q: What if I move to a different district after paying the district bar dues?
If you move and join a district bar after the beginning of its fiscal year, you are exempt from paying the dues for that fiscal year only if you demonstrate that you paid district bar dues to the other district bar AND the fiscal year runs conterminously with the fiscal year of the new district bar for a period of 3 months or more.
Q: How do I change my name in the North Carolina State Bar records?
In order to change your name in, you will need to send notification in writing that states the following five things:
1) Previous name
2) Bar number
3) New name
4) Reason for change (i.e.: marriage, divorce, etc.)
5) Date the legal name change became effective
Please mail your signed request to: The North Carolina State Bar, Attn: Membership, PO Box 25908, Raleigh, NC 27611 or e-mail your request to bmclamb@ncbar.gov . Any contact information changes should be included with this request. An updated bar card will be mailed. (Name change requests can only be made by the attorney themselves.)
Q: How do I change my address, telephone, fax, email information in the North Carolina State Bar records?
| You can use the Member Access section of this website. You must be a registered user to use this tool. If you are not a registered user, follow the instructions on the first page of the Member Access section. |
Or you may mail or fax an informal request to the North Carolina State Bar. Mail can be sent to Attn: Membership Dept., PO Box 25908, Raleigh, NC 27611; a fax can be sent to the attention of the membership department at (919) 821-9168.
Q: Where do I find the rules of the North Carolina State Bar relating to professional organizations?
Q: What professional organizations are required to register with the State Bar?
Professional associations and professional limited liability companies organized for the practice of law are required to register with the State Bar. See NCGS §55B-12 and §57C-2-01(c).
Q: How do I register a professional organization with the State Bar?
Prior to filing the organization's articles with the Secretary of State, you must file the articles along with an application for registration with the membership department of the North Carolina State Bar, and pay a registration fee of $50.00. See 27 NCAC 1E, Rule .0100. The application forms are entitled "Application for Certificate of Registration for a Professional Corporation" and "Application for Certificate of Registration for a Professional Limited Liability Company". See the Forms page of this website.
Q: After a professional organization is registered with the State Bar, how is the registration maintained?
In June of each year, a renewal certificate of registration will be mailed to the address of the profession organization as it appears in the records of the State Bar. The renewal certificate must be completed and returned to the State Bar together with a renewal fee of $25.00.
Q: Where do I find the rules of the State Bar for interstate and international law firms?
Q: Are all interstate and international law firms required to register with the North Carolina State Bar?
Any law firm or professional organization that maintains offices in North Carolina and one or more other jurisdictions must obtain a certificate of registration as an interstate or international law firm from the State Bar unless all of the lawyers associated with the law firm or professional organization are licensed to practice law in North Carolina.
Q: How do I register an interstate or international law firm with the State Bar?
You must file a registration statement with the membership department of the State Bar and pay a $500 registration fee. The information that must be contained in the statement is set forth in Rule .0202 of 27 NCAC 1E, Section .0200. The registration form may be found on the Forms page of this website. Mail the registration statement and your check to: Membership Department, North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. Certificates of registration are renewed annually.
Q: May I operate a law firm under a trade name?
Yes, provided there is a determination by the State Bar that the name is not potentially misleading and the trade name is registered with the membership department of the State Bar. See Rule 7.5(a) of the Revised Rules of Professional Conduct. The trade name registration form may be found in the "Forms" section of this website. Mail the registration form to: Membership Department, North Carolina State Bar, PO Box 25908, Raleigh, NC 27611.
Click here for a complete list of registered trade names (as of May 2005).
Q: Where do I find the rules of the North Carolina State Bar relating to pro hac vice registration requirements?
Q: Which North Carolina General Statute sets forth the requirements for pro hac vice admission in North Carolina?
G.S. 84-4.1
Q: Who is required to file a registration form?
The North Carolina lawyer (and member of the North Carolina State Bar) who acts as the out-of-state lawyer’s sponsor in the motion for admission pro hac vice.
Q: When must the sponsoring North Carolina lawyer file a registration form?
A pro hac vice registration form must be filed by the responsible North Carolina lawyer within 30 days of the entry of the pro hac vice admission order.
Q: Where can I find a copy of the required registration form?
You can click here to download the registration form.
Q: What must be included with the registration form?
Along with the registration form, the sponsoring lawyer must send copies of the pro hac vice motion and order, evidence of payment of the $25.00 fee to the clerk of court (with the filing of the motion), or a check for $25.00, and a statement of tax reporting from the out-of-state attorney.
Q: What is a statement of tax reporting?
The out-of-state lawyer should provide the following signed statement (original or photocopy will be acceptable): “Regarding the matters identified in items 3 & 4 of the Pro Hac Vice Registration Statement, I, [out-of-state attorney’s name], verify that I will report any income earned to the North Carolina Department of Revenue if required to do so by law.”
Q: How do I pay the fees associated with a pro hac vice motion?
When filing a pro hac vice motion with a district or superior court of the North Carolina General Courts of Justice, a fee of $225.00 should be collected by the Clerk of Court. The clerk will remit $25.00 of this fee to the Administrative Office of the Courts for ultimate transmission to the State Bar in satisfaction of the payment required by G.S. 84-4.1(7). Payment to the Clerk may be documented with a receipt or by providing the check number and date of the check.
If the fee is not paid to a Clerk of Court (because the clerk fails to collect it or the matter is filed in an administrative tribunal), a $25 check or money order, payable to the North Carolina State Bar, should be mailed to the State Bar with the registration form. A $200 check or money order, payable to the Administrative Office of the Courts, should be mailed to P.O. Box 2448, Raleigh, NC 27602, Attention: Kesha Howell. Please enclose a letter to the AOC with the case number and the name of the body before which the attorney will appear. No other paperwork should be mailed to the AOC.Q: Is registration required for pro hac vice admission to a federal court?
No.
Q: Is registration required for pro hac vice admission to the NC Court of Appeals?
Yes.
Q: Is registration required for pro hac vice admission to the NC Supreme Court?
Yes.
Q: Do I need to notify the State Bar when the case concludes?
Yes.
Q: Does an out-of-state lawyer have to be admitted PHV to take a deposition in North Carolina for a case that is filed in a state where the lawyer is licensed?
Additional Information—Review the Guidelines for Attorneys Licensed in Other Jurisdictions but Seeking to Work in North CarolinaNo, assuming that a subpoena from a North Carolina court does not have to be issued to compel the witness to appear. Rule 5.5(c)(2)(B) of the North Carolina Rules of Professional Conduct provides that a lawyer admitted to practice in another jurisdiction, but not in North Carolina, does not engage in the unauthorized practice of law in North Carolina if the lawyer acts with respect to a matter that arises out of or is otherwise reasonably related to the lawyer’s representation of a client in a jurisdiction in which the lawyer is admitted to practice.
If a subpoena from a North Carolina court is necessary to compel the witness to appear, the out-of-state lawyer should contact the clerk of court for the North Carolina judicial district in which the deposition will take place for instructions on how to obtain a subpoena. If a court action must be filed, it will be necessary to comply with NCGS 84-4.1 and a motion for admission PHV must be filed. If a PHV order is granted, the sponsoring North Carolina lawyer must register with the State Bar.
Publications (Ordering the Lawyer's Handbook and Journal)
Q: How do I purchase a copy of the Lawyer's Handbook?
You can send a check or money order in the amount of $10.68 payable to the North Carolina State Bar. Please enclose a note with your name and address and what publication you are requesting. The address is: North Carolina State Bar, Attn: Handbook, PO Box 25908, Raleigh, NC 27611.
Q: How often is the Lawyer's Handbook published?
The Lawyer's Handbook is published annually, usually in April.
Q: What is contained in the Lawyer's Handbook?
The Lawyer's Handbook contains the most referenced provisions of the Administrative Rules, Rules of Professional Conduct, Ethics Opinions, Index to Ethics Opinions, and Trust Accounting and IOLTA FAQs.
Q: How do I subscribe to the North Carolina State Bar Journal?
You can send a check or money order in the amount of $10.68 payable to the North Carolina State Bar. Please enclose a note with your name and address and what publication you are requesting. Mail to: North Carolina State Bar, Attn: Membership, PO Box 25908, Raleigh, NC 27611.
Q: How often is the Journal published?
The Journal is published quarterly—each March, June, September, and December.
Q: What if I want to subscribe to the Journal mid-year?
Mid-year subscriptions are charged on a prorated basis. Please contact the Membership Department at (919) 828-4620 for more information.Q: How much does it cost to purchase an individual copy of the Journal?
Individual copies of the Journal may be purchased at the rate of $5.34 for each issue. Please enclose a note with your name and address and what publication you are requesting. Mail to: North Carolina State Bar, Attn: Publications, PO Box 25908, Raleigh, NC 27611.
Q: What is the practice of law?There is no precise definition of the practice of law in the statutes or caselaw. Two North Carolina statutes provide examples of the activities that constitute the practice of law. See NCGS §84-2.1 and §84-4. Note that NCGS §84-2.1 states that the list of particular acts set forth in the statute is not exclusive. Q: Who may practice law in North Carolina?Only active members of the North Carolina State Bar may engage in the practice of law in North Carolina. Any person other than an active member of the North Carolina State Bar who engages in the practice of law for another commits the unauthorized practice of law in violation of Chapter 84 of the North Carolina General Statutes, unless the acts are performed under the direction and active supervision of a licensed North Carolina attorney. It is a class 1 criminal misdemeanor to engage in the unauthorized practice of law. Q: May a non-lawyer perform acts constituting the practice of law for him or herself?Yes. An individual may represent him or herself on any legal matter. A person commits the unauthorized practice of law only by performing acts constituting the practice of law for another person or entity. Q: May a non-lawyer do legal work for a relative, friend, or another person, if the non-lawyer does not charge any money or fees for such work?No. It is a violation of North Carolina's unauthorized practice of law statutes for a non-lawyer to practice law regardless of the relationship with the individual for whom the services are provided or that no fees are charged. Q: May a non-lawyer assist or represent another person in negotiations or settlement discussions on a legal claim, such as an automobile or personal injury matter?No. Even if no lawsuit has been filed, assisting another person with settlement negotiations on a legal claim constitutes the unauthorized practice of law. Q: May a paralegal assist or represent another person or provide legal services directly to the public?No. A paralegal or other non-lawyer may only perform work constituting the practice of law if it is under the supervision and at the direction of a licensed North Carolina attorney. Attorneys may hire or contract with paralegals or other non-lawyers to perform such services provided that the non-lawyers are properly supervised. See Rule 5.3 of the Revised Rules of Professional Conduct. Q: May a corporation (including nonprofit corporations) provide legal representation to third parties?Generally, no. NCGS §84-5 prohibits corporations from practicing law for others. However, the statute does not prohibit legal corporations, authorized to practice under Chapter 55 of the NC General Statutes, from practicing law. Q: May a non-lawyer do legal work for a corporation?Generally, an owner, officer, or employee of a corporation may do legal work for the corporation if the corporation has a primary interest in the transaction at issue. See State v. Pledger, 257 N.C. 634, 127 S.E. 2d 337 (1962). However, a corporation may not appear pro se and a non-lawyer may not file or appear in court proceedings, except small claims actions, on behalf of the corporation. See, LexisNexis, Division of Reed Elsevier, Inc. v. Travishan Corporation, 155 N.C.App. 205, 573 S.E.2d 547 (2002). Q: May a lawyer licensed in another state practice law in North Carolina?Generally no. NCGS §84-4.1 sets forth the limited circumstances under which an out-of-state attorney may practice law in North Carolina. All the requirements set forth in NCGS §84-4.1 must be satisfied before a lawyer licensed in another state may practice law in North Carolina. Also, non-resident attorneys cannot habitually practice in North Carolina, regardless of whether they satisfy the conditions set forth in NCGS §84-4.1 in an individual case. See State v. Hunter, 290 N.C. 556, 227 S.E. 2d 535 (1976). As of March 2003, Rule 5.5 of the North Carolina Rules of Professional Conduct also provides additional guidance on the limitations on activities in North Carolina by out-of-state attorneys. Q: May non-lawyers sell or distribute standard legal kits, forms, or books to the public?Generally yes. Generalized legal statements and opinions, not tailored to any specific or particular situation, do not constitute the unauthorized practice of law. However, if a non-lawyer attempts to meet with a person, discuss the person's particular situation, or assist the person in filling out a form legal document, the non-lawyer is committing the unauthorized practice of law. Q: How are the prohibitions on the unauthorized practice of law enforced?The North Carolina State Bar has the authority by statute to investigate allegations of unauthorized practice of law as well as the District Attorney. The State Bar may seek injunctive relief. District attorneys may prosecute charges of unauthorized practice of law as a class 1 criminal misdemeanor. Q: How does the State Bar process complaints relative to the unauthorized practice of law?The Authorized Practice Committee of the North Carolina State Bar investigates complaints of unauthorized practice of law. The procedures for the committee are found at 27 NCAC 1D, Section .0200. Q: How do I file an unauthorized practice of law complaint with the State Bar?All complaints regarding the unauthorized practice of law in North Carolina must be in writing. There is no special form required to file a complaint. Complaints should be mailed to the North Carolina State Bar, ATTN: Authorized Practice Committee, PO Box 25908, Raleigh, NC 27611. Q: What do I include with an unauthorized practice of law complaint?Include a written summary of the circumstances constituting and surrounding the potential unauthorized practice of law. Also, include all documents or materials available that would establish a potential unauthorized practice of law violation. Make sure you include the name, address, and phone number of the person alleged to have committed the unauthorized practice of law and the names of any material witnesses to such acts, if available. Q: When is a decision on a complaint likely to be rendered?The Authorized Practice Committee meets once a quarter in January, April, July, and October. The committee considers all complaints filed during the preceding quarter for which the investigation has been completed. Whether an investigation is completed during the quarter in which it is filed depends upon many factors including: (1) when the complaint was received;
(2) the complexity of the investigation; and
(3) the ability to locate the accused individual, material witnesses, and relevant evidence.
Q: May I attend a meeting of the Authorized Practice Committee?
Yes, all meetings of the committee are public. Q: Who should I contact at the State Bar to discuss matters relating to the unauthorized practice of law?You may contact David Johnson at the North Carolina State Bar at (919) 828-4620.
THE NORTH CAROLINA STATE BAR
208 Fayetteville Street • PO Box 25908 • Raleigh, NC 27611-5908 • 919.828.4620
Copyright© North Carolina State Bar. All rights reserved.