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Appointments 

At its meeting on July 24, 2026, the council made the following appointments: 

Board of Legal Specialization – The council appointed N. Lucille Siler and reappointed Misty D. Shull to three-year terms on the board. The council appointed Barbara R. Morgenstern to serve a one-year term as chair and John C. Bircher III to serve a one-year term as vice-chair.  

North Carolina Dispute Resolution Commission – Pursuant to statute, President Frye reappointed Paul J. Ekster to a three-year term. 

North Carolina General Statutes Commission - Pursuant to statute, President Frye reappointed Joseph J. Kalo IV to a two-year term. 

IOLTA Board of Trustees - The council appointed Theodore “Ted” Edwards, Amy L. Funderburk, and Ralph W. Meekins to the statutorily re-constituted NC IOLTA Board of Trustees. These initial appointments are for one-year terms, expiring August 31, 2027. 

Upcoming Appointments: Submit Your Interest Form 

Anyone interested in being appointed to serve on any of the State Bar’s boards or commissions should complete the “Boards and Commissions Interest Form”. The deadline for completion of the interest form is October 5, 2026. Your information will be included in the agenda materials for the quarterly meeting of the council in October 2026.   

The council will make the following appointments at its October quarterly business meeting: 

Board of Legal Specialization (one appointment; three-year terms)—There is one appointment to be made by the State Bar Council. 

The Board of Legal Specialization, established by the North Carolina State Bar in 1983, certifies lawyers in 15 areas of law to enhance legal services and improve lawyer competency. The program identifies lawyers with special knowledge and proficiency, aiding the public in finding suitable legal services, and encourages continuing legal education among lawyers.

Board of Continuing Legal Education (three appointments; three-year terms)—There are three appointments to be made by the State Bar Council. Judge Ashleigh Parker, the current chair, and Paul Capua, the current vice-chair, are not eligible for reappointment. Tiffany G. Cox is eligible for reappointment.

The Board of Continuing Legal Education (CLE) is a nine-member board composed of North Carolina-licensed attorneys. The board establishes policy related to the execution of the CLE program’s mission and is responsible for oversight of the program.  

Board of Law Examiners (three appointments; three-year terms)—There are three appointments to be made by the State Bar Council. Roger A. Askew, the current chair, is not eligible for reappointment. Judge George R. Hicks III and Judge Ned W. Mangum are eligible for reappointment.

The 11 members of the North Carolina Board of Law Examiners are appointed by the State Bar Council. The board examines applicants and establishes rules and regulations for admission to the North Carolina State Bar. The board’s objective is to ensure that all persons seeking admission to practice law in North Carolina possess the requisite competency and qualifications of character and fitness. Board members review bar examination questions; conduct character and fitness and comity hearings; supervise the bar examinations; and grade the examinations. Additionally, the board engages in periodic review of methods used in the examination and grading process. A board member donates an average of 35-45 days to service each year.   

Client Security Fund Board of Trustees (one appointment; five-year term)—There is one appointment to be made by the State Bar Council. James K. Dorsett III, the current chair, is not eligible for reappointment.

The Client Security Fund was established by the North Carolina Supreme Court in 1984 to reimburse clients who have suffered financial loss as the result of dishonest conduct of lawyers engaged in the private practice of law in North Carolina. The fund is administered by a board of trustees composed of four North Carolina lawyers and one public member. The trustees are appointed by the North Carolina State Bar Council, and each serves a five-year term. 

Board of Paralegal Certification (four appointments; three-year terms)—There are four appointments to be made by the State Bar Council. Jennifer G. Smith-Sutphin (paralegal member), Shawana Almendarez (paralegal member), Daryl G. Davidson Sr. (lawyer member), and Robert Hasty (lawyer member) are eligible for reappointment. 

The Board of Paralegal Certification is a nine-member board composed of five North Carolina licensed attorneys (one of whom must be a paralegal educator) and four North Carolina certified paralegals. The board establishes policy related to the execution of the paralegal certification program and is responsible for the oversight of the operation of the program subject to the statutes governing the practice of law, the authority of the council, and the rules of the board. The paralegal certification program assists in the delivery of competent representation to the public by identifying individuals who are qualified by education and training and have demonstrated knowledge, skill, and proficiency to perform substantive legal work under the direction and supervision of a licensed lawyer. The board usually meets four times a year.   

Random Audits 

Lawyers selected for random audit are drawn from a randomized list of all active lawyers in the state. Based on the geographic plan for 2026, audits for the third quarter will be conducted in Alamance, Buncombe, Catawba, Craven, Durham, Guilford, Granville, Halifax, Iredell, Lee, Mecklenburg, Moore, New Hanover, Scotland, and Wake Counties. Lawyers will be contacted by Trust Account Compliance Department staff over the next several weeks to schedule their audit. The third quarter audit period ends October 16, 2026.  

Ethics Committee Action 

Council Actions 

At its meeting on July 24, 2026, the council adopted one new opinion, described below. 

Additionally, the council published proposed amendments to Rule 1.14, Client with Diminished Capacity. The amendments closely track recent amendments to Model Rule 1.14, Client with Decision-Making Limitations, in the Model Rules of Professional Conduct; the amendments to the text of the rule and accompanying comments offer expanded, updated guidance to lawyers on their professional responsibility when representing a client with decision-making limitations.  

Ethics Committee Actions 

At its meeting on July 23, 2026, the Ethics Committee considered a total of seven items, including the opinion and rule amendments noted above.  Three inquiries were returned to subcommittee for further study, including an inquiry addressing a lawyer’s professional responsibility after experiencing a data breach in a law practice and an inquiry exploring permissive administrative expenses charged to clients.  The committee published two proposed formal ethics opinion for comment, which can be found below.   

Ethics Opinion Adopted 

2026 FEO 3, Providing Client with Editable Electronic Copies of Documents 

The opinion rules that a lawyer may provide an editable, electronic copy of a document to a client under certain conditions, but that a lawyer is not required to provide an editable, electronic copy of a document to a client. 

Ethics Opinions Published for Comment 

Proposed 2025 FEO 3, Client Consent to Annual Rate Increase 

Proposed opinion clarifies when and how a lawyer may increase the billing rate for services during the representation. 

Proposed 2026 FEO 1, Closing Attorney’s Referral to Law Partner’s Title Insurance Agency  

The proposed opinion rules that a lawyer may not refer a client in a closing transaction to a title agency in which the lawyer’s law partner has a financial interest. 

The Ethics Committee welcomes comments on the proposed formal ethics opinions and proposed amendments to Rule 1.14. Comments may be submitted by email to comments@ncbar.gov. 

Grievance Committee Action

The Grievance Committee considered 434 files this quarter, 354 of which were dismissed (82%).  

In the 80 files considered at the July 23, 2026, meeting, the committee authorized the following dispositions: 

  • Referral of 25 files (involving 9 lawyers) to the DHC 

  • Dismissal of 5 files with Letters of Caution 

  • Dismissal of 19 files with Letters of Warning 

  • Censure in 1 file 

  • Reprimand in 1 file 

  • Admonitions in 3 files 

  • Deferral to Trust Accounting Compliance Program in 3 files 

  • Deferral to Lawyer Assistance Program in 1 file 

  • Continuation of 12 files 

  • Dismissal in 10 files 

Rule Amendments  

Amendments Adopted - Pending Supreme Court Approval 

At its meeting on July 24, 2026, the council voted to adopt the following rule amendments for transmission to the North Carolina Supreme Court for its approval. (For the complete text of the rule amendments, see the Summer 2026 edition of the Journal or visit the State Bar website: ncbar.gov.) 

Proposed Amendments to the Rules Governing Standing Committees and Boards 

The proposed amendments: 1) combine the existing Issues and Access to Justice Committees — along with their respective, similar missions — into a single, standing committee of the State Bar Council, 2) clarify Grievance Committee composition and quorum requirements, and 3) reflect that the full Grievance Committee, not the subcommittees, decides the disposition of grievance files. 

Proposed Amendments to the Procedures for the Administrative Committee 

The proposed amendment removes references to repealed rules and extends the time to meet membership obligations before a suspension takes effect.   

Proposed Amendments to the Rules Governing the Administration of the Continuing Legal Education Program 

The proposed amendments clarify exemption status for full-time employees of the North Carolina General Assembly, nonresidents, and senior lawyers and require PNA programs to set content annually and publish any changes by March 1 each year.  

Proposed Amendments to the Regulations for Organizations Practicing Law 

  • 27 NCAC 01E, Rule .0106, Reserved  

The proposed amendments update registration and compliance rules for professional law firms by requiring trade names to be recorded locally, removing disqualified shareholders from firm names, and mandating online filings instead of mailed submissions. They also clarify reinstatement and interstate status requirements, require certain out-of-state firms with a virtual presence in North Carolina to register, confirm exemptions for nonprofit firms and in-state–only lawyer groups, and remove form samples. The formatting of 27 NCAC 01E .0103 was also changed to better align with the formatting requirements of the Office of Administrative Hearings.   

Proposed Amendments to the Rules Governing Admission to the Practice of Law in the State of North Carolina 

The proposed rule amendment brings Rule .0503 into compliance with the USDOJ’s guidance on the federal Servicemembers Civil Relief Act (50 U.S.C. §4025a).  

Proposed Rule Amendments for Publication 

At its meeting on July 24, 2026, the council voted to publish for comment the following proposed rule amendments:  

Proposed Amendments to the Rules of the Standing Committees of the North Carolina State Bar 

The proposed amendments streamline suspension procedures for attorneys who fail to satisfy State Bar membership obligations, eliminate the show-cause step to align with CLE rules, and update the requirement for sponsors to submit a new program application for an on-demand course every three years. In addition, the changes authorize service of administrative orders by email and regular mail. The proposed amendment also aligns the rule with the two-year CLE reporting period. 

Proposed Amendments to the Rules Concerning Prepaid Legal Service Plans 

The proposed amendments authorize service by email and regular mail for notices and orders. The formatting was also changed to better align with the formatting requirements of the Office of Administrative Hearings. 

Proposed Amendments to the Discipline and Disability Rules  

The amendments update the service requirements for pleadings and orders filed with the Disciplinary Hearing Commission to resemble the electronic service capabilities in Rule 5 of the North Carolina Rules of Civil Procedure.  The amendments do not impact the requirement to serve pleadings that initiate proceedings before the DHC via Rule 4 of the Rules of Civil Procedure. 

Proposed Amendments to the Rules of Professional Conduct 

The amendments closely track recent amendments to Model Rule 1.14, Client with Decision-Making Limitations, in the Model Rules of Professional Conduct; the amendments to the text of the rule and accompanying comments offer expanded, updated guidance to lawyers on their professional responsibility when representing a client with decision-making limitations. 

The council welcomes your comments on these proposed rule amendments. Comments may be submitted by email to comments@ncbar.gov or by mail to Peter Bolac, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611.