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Your search for: “Defendant moves for Withdrawal of counsel at trial” returned 283 results
- Adopted: July 25, 2025Opinion affirms prohibition on lawyers participating in a settlement agreement that includes a limitation on a party’s or counsel’s ability to repo...
- Adopted: April 25, 2025Opinion sets out the requirements of the notice that must be sent to affected clients when a lawyer leaves a law firm.
- Adopted: November 01, 2024Opinion discusses a lawyer’s professional responsibility when using artificial intelligence in a law practice.
- Adopted: July 21, 2023Opinion rules that a confidentiality clause contained in a settlement agreement that restricts a lawyer’s ability to practice law violates Rule 5.6.
- Adopted: April 21, 2023Opinion clarifies a lawyer’s professional responsibility when closing and/or selling a law practice and when handling aged client files.
- Adopted: October 21, 2022Opinion rules that a lawyer may call as an expert witness a public adjuster who will collect a statutorily authorized contingency fee paid by the c...
- Adopted: July 22, 2022Opinion rules that a privately retained lawyer may provide limited representation to a criminal defendant who has been appointed counsel if the lim...
- Adopted: April 22, 2022Opinion rules that an attorney appointed by the court as the guardian ad litem and the attorney advocate in an abuse, neglect, and dependency proce...
- Adopted: January 21, 2022Opinion rules that a closing lawyer representing the buyer in a residential real estate transaction may not charge a fee for services performed tha...
- Adopted: January 21, 2022Opinion rules that a lawyer may not take possession of photographs portraying a minor engaged in sexual activity.
- Adopted: July 16, 2021Opinion discusses the permissibility of various types of communications between lawyers and judges.
- Adopted: July 16, 2021Opinion discusses a lawyer’s professional responsibility to safeguard entrusted funds by identifying and avoiding purported transactions involving ...
- Adopted: July 16, 2021Opinion rules that a lawyer is not permitted to include confidential information in a response to a client’s negative online review but is not barr...
- Adopted: April 16, 2021Opinion addresses conflicts of interest, communication, funding issues, and accountings in contemporaneous closings for residential real property.
- Adopted: January 15, 2021Opinion rules that a lawyer may not advance a client’s portion of settlement proceeds while a matter is pending or litigation is contemplated but m...
- Adopted: January 15, 2021Opinion discusses a lawyer’s professional responsibility to inform clients about relevant, potential fraudulent attempts to improperly acquire clie...
- Adopted: October 23, 2020Opinion rules that a solo practitioner/owner of a PLLC is not prohibited from representing the PLLC and testifying in a dispute with a former client.
- Adopted: October 23, 2020Opinion rules that a lawyer may not invest in a fund that provides litigation financing if the lawyer’s practice accepts clients who obtain litigat...
- Adopted: January 24, 2020Opinion rules that a lawyer may agree to an “attorney eyes only” disclosure restriction.
- Adopted: October 25, 2019Opinion rules that a lawyer may receive virtual currency as a flat fee for legal services, provided the fee is not clearly excessive and the terms ...
- Adopted: October 25, 2019Opinion rules that a lawyer may advertise the lawyer’s inclusion in a list or membership in an organization that bestows a laudatory designation on...
- Adopted: July 19, 2019Opinion reviews a lawyer’s professional responsibilities when seeking access to a person’s profile, pages, and posts on a social network to investi...
- Adopted: April 26, 2019Opinion rules that an ongoing sexual relationship between opposing counsel creates a conflict of interest in violation of Rule 1.7(a).
- Adopted: April 26, 2019Opinion rules that a lawyer may not agree to terms in an ERISA plan agreement that usurp client’s authority as to the representation.
- Adopted: July 27, 2018Opinion rules that, with certain conditions, a lawyer may include in a client’s fee agreement a provision allowing the lawyer’s purchase of litigat...
- Adopted: July 27, 2018Opinion rules that a lawyer has a duty to disclose to a tribunal adverse legal authority that is controlling as to that tribunal if the legal autho...
- Adopted: October 27, 2017Opinion rules that an agreement between law firms engaged in merger negotiations not to solicit or hire lawyers from the other firm for a relativel...
- Adopted: January 27, 2017Opinion rules that a lawyer may not negotiate for employment with another firm if the firm represents a party adverse to the lawyer’s client unless...
- Adopted: July 22, 2016Opinion rules that, when advancing claims on behalf of a criminal defendant who filed a pro se Motion for Appropriate Relief, subsequently appointe...
- Adopted: October 23, 2015Opinion provides that in post-conviction or appellate proceedings, a discharged lawyer may discuss a former client’s case and turn over the former ...
- Adopted: October 23, 2015Opinion rules that when funds are stolen from a lawyer’s trust account by a third party who is not employed or supervised by the lawyer, and the la...
- Adopted: July 18, 2015Opinion rules that a closing lawyer shall not record and disburse when a seller has delivered the deed to the lawyer but the buyer instructs the la...
- Adopted: July 17, 2015Opinion analyzes a lawyer’s professional responsibilities when she discovers that she made an error that may adversely impact the client’s case.
- Adopted: July 17, 2015Opinion rules a lawyer must advise a civil litigation client about the legal ramifications of the client’s postings on social media as necessary to...
- Adopted: April 17, 2015Opinion rules that a lawyer may not prepare pleadings and other filings for an unrepresented opposing party in a civil proceeding currently pending...
- Adopted: April 17, 2015Opinion rules that when the original debt is $100,000 or more, a lawyer for a lender may prepare and provide to an unrepresented borrower, owner, o...
- Adopted: January 23, 2015Opinion rules that a lawyer who handles adoptions as part of her or his law practice and also owns a financial interest in a for-profit adoption ag...
- Adopted: January 23, 2015Opinion rules that common representation in a commercial real estate loan closing is, in most instances, a “nonconsentable” conflict meaning that a...
- Adopted: October 24, 2014Opinion rules that if, after providing an incarcerated criminal client with a summary/explanation of the discovery materials in the client’s file, ...
- Adopted: July 25, 2014Opinion analyzes the responsibilities of the partners and supervisory lawyers in a firm when another firm lawyer has a mental impairment.
- Adopted: July 25, 2014Opinion rules that, in a worker’s compensation case, when a client terminates representation, the subsequently hired lawyer may disclose the settle...
- Adopted: April 25, 2014Opinion rules that a lawyer may not represent both the trustee and the secured creditor in a contested foreclosure proceeding.
- Adopted: January 24, 2014Opinion rules that records relative to a client’s matter that would be helpful to subsequent legal counsel must be provided to the client upon the ...
- Adopted: October 25, 2013Opinion provides that consent from the lawyer for a represented person must be obtained before copying that person on electronic communications; ...
- Adopted: October 25, 2013Opinion provides guidance to lawyers who work for a public interest law organization that provides legal and non-legal services to its clientele an...
- 2013 Formal Ethics Opinion 1 - Release/Dismissal Agreement Offered by Prosecutor to Convicted PersonAdopted: October 15, 2013Opinion rules that, subject to conditions, a prosecutor may enter into an agreement to consent to vacating a conviction upon the convicted person’s...
- Adopted: July 19, 2013Opinion rules that a state prosecutor does not violate the Rules of Professional Conduct by asking the court to enter an order for arrest when a de...
- Adopted: July 19, 2013Opinion rules that a lawyer/trustee must explain his role in a foreclosure proceeding to any unrepresented party that is an unsophisticated consume...
- Adopted: July 19, 2013Opinion rules that a law firm may not share a fee from a tax appeal with a nonlawyer tax representative unless such nonlawyer representatives are l...
- Adopted: July 19, 2013Opinion rules that the partners and managerial lawyers remaining in a firm are responsible for the safekeeping and proper disposition of both the a...
- Adopted: January 25, 2013Opinion rules that whether a lawyer is a “necessary witness” and thereby disqualified from acting as a client’s advocate at a trial is an issue lef...
- Adopted: January 25, 2013Opinion holds that a lawyer asked to represent a child in a contested custody or visitation case should decline the appointment unless the order of...
- Adopted: January 25, 2013Opinion rules that a lawyer-mediator may not draft a business contract for pro se parties to mediation.
- Adopted: January 25, 2013Opinion rules that a lawyer who represented an organization while employed with another firm must be screened from participation in any matter, or ...
- Adopted: October 26, 2012Opinion rules that a lawyer representing an employer must evaluate whether email messages an employee sent to and received from the employee’s lawy...
- Adopted: April 27, 2012Opinion rules that a lawyer may not agree to procure title insurance exclusively from a particular title insurance agency on every transaction refe...
- Adopted: January 27, 2012Opinion rules that a criminal defense lawyer accused of ineffective assistance of counsel by a former client may share confidential client informat...
- Adopted: January 27, 2012Opinion rules that a criminal defense lawyer or a prosecutor may not interview an unrepresented child who is the alleged victim in a criminal case ...
- Adopted: January 27, 2012Opinion rules that a law firm may use online banking to manage its trust accounts provided the firm’s managing lawyers are regularly educated on th...
- Adopted: October 21, 2011Opinion rules that a lawyer must notify the court when a clerk of court mistakenly dismisses a client’s charges.
- Adopted: October 21, 2011Opinion rules that, pursuant to the North Carolina Public Records Act, a lawyer may communicate with a government official for the purpose of ident...
- Adopted: July 15, 2011Opinion provides guidelines for the use of live chat support services on law firm websites.
- Adopted: April 22, 2011Opinion rules that a criminal defense lawyer may advise an undocumented alien that deportation may result in avoidance of a criminal conviction and...
- Adopted: April 22, 2011Opinion provides guidelines for the application of the prohibition in Rule 3.7 on a lawyer serving as both advocate and witness when the lawyer is ...
- Adopted: April 22, 2011Opinion sets forth the factors to be taken into consideration when determining whether a former client’s delay in objecting to a conflict constitut...
- Adopted: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- Adopted: January 21, 2011Opinion rules that a hiring law firm may ask an incoming law school graduate to provide sufficient information as to his prior legal experience so ...
- Adopted: January 21, 2011Opinion rules that a lawyer may receive a fee or commission in exchange for providing financial services and products to a legal client so long as ...
- Adopted: July 23, 2010Opinion rules that a website may include a case summary section showcasing successful verdicts and settlements if the section contains factually ac...
- Adopted: April 16, 2010Opinion rules that a lawyer retained by an insurance carrier to represent an insured whose whereabouts are unknown and with whom the lawyer has no ...
- Adopted: April 16, 2010Opinion rules that the lawyer for a child support enforcement program that brings an action for child support on behalf of the government does not ...
- Adopted: January 15, 2010Opinion rules that a prosecutor must dismiss a DWI charge when the prosecutor fails to appeal a court order suppressing evidence from the traffic s...
- Adopted: January 15, 2010Opinion rules that a lawyer may prepare an affidavit and confession of judgment for an unrepresented adverse party provided the lawyer explains who...
- Adopted: January 15, 2010Opinion rules that a lawyer must use reasonable care to prevent the disclosure of confidential client information hidden in metadata when transmitt...
- Adopted: October 23, 2009Opinion rules that it is not an ethical violation when a lawyer fails to attribute or obtain consent when incorporating into his own brief, contrac...
- Adopted: July 24, 2009Opinion rules that, unless affected clients expressly consent to the disclosure of their confidential information, a lawyer may allow a title insur...
- Adopted: April 24, 2009Opinion rules a closing lawyer who reasonably believes that a title company engaged in the unauthorized practice of law when preparing a deed must ...
- Adopted: January 23, 2009Opinion rules that a lawyer appointed to represent a parent at the trial of a juvenile case may file a notice of appeal to preserve the client's ri...
- Adopted: January 23, 2009Opinion rules that, provided the agreement does not constitute the criminal offense of compounding a crime and is not otherwise illegal, and does n...
- Adopted: January 23, 2009Opinion rules that a lawyer who represented the trustee or served as the trustee in a foreclosure proceeding at which the lender acquired the subje...
- Adopted: January 23, 2009Opinion rules a lawyer may assist a pro se litigant by drafting pleadings and giving advice without making an appearance in the proceeding and with...
- Adopted: January 22, 2009Opinion rules that a lawyer may serve the opposing party with discovery requests that require the party to reveal her citizenship status, but the l...
- Adopted: October 24, 2008Opinion surveys prior ethics opinions on legal fees, sets forth the ethical requirements for the different types of fees paid in advance, authorize...
- Adopted: October 24, 2008Opinion rules that a provision in a law firm employment agreement for dividing legal fees received after a lawyer's departure from a firm must be r...
- Adopted: July 18, 2008Opinion rules that a lawyer may issue a subpoena in compliance with Rule 45 of the Rules of Civil Procedure which authorizes a subpoena for the pro...
- Adopted: July 18, 2008Opinion rules that client files may be stored on a website accessible by clients via the internet provided the confidentiality of all client inform...
- Adopted: July 18, 2008Opinion rules that a lawyer may hire a nonlawyer independent contractor to organize and speak at educational seminars so long as the nonlawyer does...
- Adopted: April 25, 2008Opinion holds that a lawyer is not prohibited from advising a school board sitting in an adjudicative capacity in a disciplinary or employment proc...
- Adopted: January 25, 2008Opinion rules that a lawyer who serves on a city council or board of county commissioners may represent a criminal defendant in a criminal proceedi...
- Adopted: January 25, 2008Opinion rules a lawyer may advertise the lawyer's inclusion in the list of lawyers in North Carolina Super Lawyers and other similar publications a...
- Adopted: January 25, 2008Opinion rules that, to insure honest billing predicated on hourly charges, the lawyer must establish a reasonable hourly rate for his services and ...
- Adopted: October 19, 2007Opinion rules that a lawyer may not take possession of a client's contraband if possession is itself a crime and, unless there is an exception allo...
- Adopted: October 19, 2007Opinion rules that a lawyer owes no ethical duty to the heirs of an estate that he represents in a wrongful death action except as set forth in Rul...
- Adopted: July 13, 2007Opinion rules that a lawyer may not charge a client for filing and presenting a motion to withdraw unless withdrawal advances the client's objectiv...
- Adopted: July 13, 2007Opinion rules that a law firm may not continue to use a former member's surname in the law firm name if the member continues the practice of law wi...
- Adopted: April 20, 2007Opinion rules that a partnership, shareholders, or other similar agreement may include a repurchase or buy-out provision that takes into account th...
- Adopted: January 19, 2007Opinion rules that, when representation is terminated by a client, a lawyer who advances the cost of a deposition and transcript may not condition ...
- Adopted: July 21, 2006Opinion explores the extent to which a lawyer may communicate with employees or officials of a represented government entity.
- Adopted: July 21, 2006Opinion rules that if the lawyer concludes that pursuit of a lawsuit filed against a defendant is frivolous, but the GAL for the minor client insis...
- Adopted: April 21, 2006Opinion rules that the county tax attorney may not bid at a tax foreclosure sale of real property.
- Adopted: January 20, 2006Opinion explores a lawyer's obligation to return legal fees when a third party is the payor.
- Adopted: January 20, 2006Opinion rules that a lawyer for a publicly traded company does not violate the Rules of Professional Conduct if the lawyer "reports out" confidenti...
- Adopted: October 21, 2005Opinion rules that a lawyer may not appear before a judge who is a family member without consent from all parties and, although consent is not requ...
- Adopted: July 14, 2005Opinion rules that the lawyer for the buyer of residential real estate may prepare the deed without creating a client-lawyer relationship with the ...
- Adopted: January 21, 2005Opinion rules that a solicitation letter to prospective members of a class action must contain the words "This is an advertisement for legal servic...
- Adopted: January 21, 2005Opinion explores the role of a lawyer who is appointed guardian-ad-litem for respondent parent with diminished capacity.
- Adopted: October 21, 2004Opinion rules that an insurance defense lawyer may give the insured and the insurance carrier an evaluation of a pending case, including settlement...
- Adopted: October 21, 2004Opinion rules that if a current representation requires cross-examination of a former client using confidential information gained in the prior rep...
- Adopted: October 21, 2004Opinion rules that a trade name for a law firm that implies an affiliation with a financial planning company is misleading and prohibited.
- Adopted: July 16, 2004Opinion rules that a lawyer may ask questions of a deponent that were recommended by another lawyer, although the deponent is the defendant in the ...
- Adopted: April 23, 2004Opinion rules that a lawyer may represent both the lender and the trustee on a deed of trust in a dispute with the borrower if the conditions on co...
- Adopted: January 16, 2004Opinion rules that an attorney may file a time-barred claim on behalf of a client, even when the defendant is unavailable and can only be served by...
- Adopted: January 16, 2004Opinion rules that an attorney may only provide a judge with additional authority post-hearing if the communication is permitted by the rules of th...
- Adopted: January 16, 2004Opinion rules that a lawyer may participate in a settlement agreement that contains a provision limiting or prohibiting disclosure of information o...
- Adopted: October 24, 2003Opinion rules that a lawyer must report a violation of the Rules of Professional Conduct as required by Rule 8.3(a) even if the lawyer's unethical ...
- Adopted: October 24, 2003Opinion rules that a lawyer may advertise that he is a member of an organization with a self-laudatory title, provided it is a legitimate, disinter...
- Adopted: July 25, 2003Opinion rules that a lawyer may not proffer evidence gained during a private investigator's verbal communication with an opposing party known to be...
- Adopted: July 25, 2003Opinion rules that neither a defense lawyer nor a prosecutor may participate in the misrepresentation of a criminal defendant's prior record level ...
- Adopted: April 18, 2003Opinion rules that a lawyer may collect a contingent fee and/or a court-awarded attorney fee if consistent with the fee agreement with the client b...
- Adopted: April 18, 2003Opinion rules that a lawyer must withdraw from joint representation of a general contractor and a surety if a position advanced on behalf of the ge...
- Adopted: January 24, 2003Opinion rules that a lawyer who is appointed the guardian ad litem for a minor plaintiff in a tort action and is represented in this capacity by le...
- Adopted: January 24, 2003Opinion rules that the lawyer for the plaintiff may not prepare the answer to a complaint for an unrepresented adverse party to file pro se.
- Adopted: January 24, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (...
- Adopted: October 18, 2002Opinion rules that whether electronic mail should be retained as a part of a client's file is a legal decision to be made by the lawyer.
- Adopted: July 19, 2002Opinion rules that a lawyer may represent a party suing a public body or non-profit organization, although the lawyer's partner or associate serves...
- Adopted: April 19, 2002Opinion rules that a lawyer may not communicate ex parte with a judge in reliance upon the communication being "permitted by law" unless there is ...
- Adopted: April 19, 2002Opinion rules that a lawyer may participate in a non-profit organization that promotes a cooperative method for resolving family law disputes altho...
- Adopted: October 19, 2001Opinion rules that a closing lawyer may not counsel or assist a client to affix excess excise tax stamps on an instrument for registration with the...
- Adopted: July 27, 2001Opinion rules that a lawyer may have a non-lawyer employee deliver a message to a court holding calendar call, if the lawyer is unable to attend du...
- Adopted: January 18, 2001Opinion rules that a lawyer who was formerly in-house legal counsel for a corporation must obtain the permission of a court prior to disclosing con...
- Adopted: January 18, 2001Opinion rules that a lawyer may sign a statement acknowledging a finance company's interest in a client's recovery subject to certain conditions.
- Adopted: July 21, 2000Opinion rules that a government lawyer working on a fraud investigation may instruct an investigator to interview employees of the target organizat...
- Adopted: July 19, 2000Opinion rules that a television advertisement for legal services that implies that an insurance company will settle a claim more quickly because th...
- Adopted: April 14, 2000Opinion rules that, in the absence of a full explanation, advertising a lawyer's or a law firm's record in obtaining favorable verdicts is misleadi...
- Adopted: April 14, 2000Opinion rules that a lawyer may not participate in the presentation of a consent judgment to a court if the lawyer knows that the consent judgment ...
- Adopted: January 21, 2000Opinion rules that when an insured fails to cooperate with the defense, as required by the insurance contract, the insurance defense lawyer may fol...
- Adopted: January 21, 2000Opinion rules that when a lawyer appears with a debtor at a meeting of creditors in a bankruptcy proceeding as a favor to the debtor's lawyer, the ...
- Adopted: January 21, 2000Opinion rules that an insurance defense lawyer may not submit billing information to an independent audit company at the insurance carrier's reques...
- Adopted: October 22, 1999Opinion rules that a lawyer who represents the buyer in a real estate closing, and subsequently records the deed, may not withhold the funds for th...
- Adopted: July 23, 1999Opinion restricts informal written communications with a judge or judicial official relative to a pending matter.
- Adopted: April 23, 1999Opinion rules that a defense lawyer may suggest that the records custodian of plaintiff's medical record deliver the medical record to the lawyer's...
- Adopted: April 23, 1999Opinion rules that, subject to a statute prohibiting the withholding of the information, a lawyer's duty to disclose confidential client informatio...
- Adopted: January 15, 1999Opinion rules that a lawyer may not comply with an insurance carrier's billing requirements and guidelines if they interfere with the lawyer's abil...
- Adopted: January 15, 1999Opinion rules that a lawyer may represent a person who is resisting an incompetency petition although the person may suffer from a mental disabilit...
- Adopted: January 15, 1999Opinion rules that a lawyer may participate in the solicitation of funds from third parties to pay the legal fees of a client provided there is dis...
- Adopted: July 16, 1998Opinion sets forth the disclosures a lawyer must make to the judge prior to engaging in an ex parte communication.
- Adopted: April 17, 1998Opinion provides that flat fees may be collected at the beginning of a representation, treated as presently owed to the lawyer, and deposited into ...
- Adopted: April 16, 1998Opinion rules that a defense lawyer may remain silent while the prosecutor presents an inaccurate driving record to the court provided the lawyer a...
- Adopted: April 16, 1998Opinion rules that a lawyer may not participate in a closing or sign a preliminary title opinion if, after reasonable inquiry, the lawyer believes ...
- Adopted: January 16, 1998Opinion rules that a prosecutor may instruct a law enforcement officer to send an undercover officer into the prison cell of a represented criminal...
- Adopted: January 16, 1998Opinion rules that a lawyer must give the opposing counsel a copy of a proposed order simultaneously with the lawyer's submission of the proposed o...
- Adopted: January 16, 1998Opinion rules that a lawyer may interview an unrepresented former employee of an adverse represented organization about the subject of the represen...
- Adopted: January 16, 1998Opinion rules that, after a corporation files a Chapter 7 bankruptcy petition and at the request of the bankruptcy trustee, a lawyer who previously...
- Adopted: January 15, 1998Opinion examines the restrictions on a lawyer's public comments about a pending civil proceeding in which the lawyer is participating.
- Adopted: January 15, 1998Opinion rules that a lawyer may explain the effect of service of process to a client but may not advise a client to evade service of process.
- Adopted: October 24, 1997Opinion rules that a lawyer may engage in an ex parte communication with a judge regarding a scheduling or administrative matter only if necessitat...
- Adopted: October 24, 1997Opinion rules that a lawyer may appear in court before a judge the lawyer represents in a personal matter provided there is disclosure of the repre...
- Adopted: July 18, 1997Opinion rules that a lawyer in receipt of materials that appear on their face to be subject to the attorney-client privilege or otherwise confident...
- Adopted: April 04, 1997Opinion rules that a lawyer may not communicate with a child who is represented by a GAL and an attorney advocate unless the lawyer obtains the con...
- RPC 210 - Representation of Multiple Parties to the Closing of a Residential Real Estate TransactionAdopted: April 04, 1997Opinion examines the circumstances in which it is acceptable for a lawyer to represent the buyer, the seller, and the lender in the closing of a re...
- Adopted: January 24, 1997Opinion rules that it is prejudicial to the administration of justice for a prosecutor to threaten to use his discretion to schedule a criminal tri...
- Adopted: January 24, 1997Opinion rules that a deputy attorney general who is representing the state on the appeal of a death sentence should send a copy to the defense lawy...
- Adopted: January 24, 1997Opinion rules that a lawyer may not issue a subpoena containing misrepresentations as to the pendency of an action, the date or location of a heari...
- Adopted: October 18, 1996Opinion rules that a lawyer may not communicate with the judge before whom a proceeding is pending to request an ex parte order unless opposing cou...
- Adopted: October 18, 1996Opinion rules that a lawyer may not collect a contingent fee on the reimbursement paid to the client's medical insurance provider in addition to a ...
- Adopted: January 12, 1996Opinion rules that when a lawyer's reasonable attempts to locate a client are unsuccessful, the client's disappearance constitutes a constructive d...
- Adopted: January 12, 1996Opinion holds that the lawyer for a defendant in criminal and civil actions arising out of the same event may seek the cooperation of a crime victi...
- Adopted: January 11, 1996Withdrawn October 24, 1997 Editor's Note: This opinion was originally published as RPC 218 (Revised) and adopted on January 11, 1996. Following th...
- Adopted: October 20, 1995Opinion rules that absent a court order or law requiring delivery of physical evidence of a crime to the authorities, a lawyer for a criminal defen...
- Adopted: October 20, 1995Opinion rules that a lawyer may represent a defendant in an action to abate the nuisance of a fence even though his paralegal may be called as a wi...
- Adopted: October 20, 1995Opinion rules that a lawyer should seek the court's permission to listen to a tape recording of a telephone conversation of his or her client made ...
- Adopted: October 20, 1995Opinion rules that a lawyer may represent an insured in a bad faith action against his insurer for failure to pay a liability claim brought by a cl...
- Adopted: October 20, 1995Opinion rules that a lawyer may communicate with a custodian of public records, pursuant to the North Carolina Public Records Act, for the purpose ...
- Adopted: July 21, 1995Opinion rules that a lawyer should avoid offensive trial tactics and treat others with courtesy by attempting to ascertain the reason for the oppos...
- Adopted: July 21, 1995Opinion rules that a lawyer may contact an opposing lawyer who failed to file an answer on time in order to remind the other lawyer of the error an...
- Adopted: July 21, 1995Opinion rules that a lawyer may not send a jury questionnaire directly to prospective members of the jury but, if the questionnaire is sent out by ...
- Adopted: July 21, 1995Opinion rules that an attorney may communicate in writing with the members of an elected body that is represented by a lawyer in a matter if the pu...
- Adopted: April 14, 1995Opinion rules that District Attorney may not communicate or cause another to communicate with represented defendant without the defense lawyer's co...
- Adopted: January 13, 1995Opinion explores the ethical responsibilities of stand-by defense counsel who are instructed to take over the defense in a capital murder case with...
- Adopted: January 13, 1995Opinion rules that in a letter to an unrepresented prospective defendant in a personal injury action, the plaintiff's lawyer may not give legal adv...
- Adopted: January 13, 1995Opinion rules that a prosecutor must notify defense counsel, jail officials, or other appropriate persons to avoid the unnecessary detention of a c...
- Adopted: January 13, 1995Opinion addresses the ethical responsibilities of a lawyer appointed to represent a criminal defendant in a capital case who, in good faith, believ...
- Adopted: January 13, 1995Opinion rules that the attorney for the plaintiffs in a personal injury action arising out of a motor vehicle accident may interview the unrepresen...
- Adopted: January 13, 1995Opinion rules that a lawyer may not listen to an illegal tape recording made by his client nor may he use the information on the illegal tape recor...
- Adopted: January 13, 1995Opinion rules that the lawyers remaining with a firm may contact by phone or in person clients whose legal matters were handled exclusively by a la...
- Adopted: January 13, 1995Opinion explores the circumstances under which a lawyer who is also a real estate salesperson may close real estate transactions brokered by the re...
- Adopted: January 13, 1995Opinion rules that a lawyer may ethically exercise his or her discretion to decide whether to reveal confidential information concerning child abus...
- Adopted: October 21, 1994Opinion rules that a lawyer may not permit a legal assistant to examine or represent a witness at a deposition.
- Adopted: October 21, 1994Opinion rules that a lawyer for an opposing party may communicate directly with the pathologist who performed an autopsy on the plaintiff's deceden...
- Adopted: October 21, 1994Opinion rules that a lawyer is required to disclose to an adverse party with whom the lawyer is negotiating a settlement that the lawyer's client h...
- Adopted: October 21, 1994Opinion rules that the members of a district attorney's staff may not give legal advice about pleas to lesser included infractions to an unrepresen...
- Adopted: October 21, 1994Opinion examines a lawyer's obligation to deliver the file to the client upon the termination of the representation when the lawyer represents mult...
- Adopted: July 21, 1994Opinion rules that a lawyer may not seek to disqualify another lawyer from representing the opposing party by instructing a client to consult with ...
- Adopted: July 21, 1994Opinion rules that an attorney may not communicate with the opposing party's nonparty treating physician about the physician's treatment of the opp...
- Adopted: July 21, 1994Opinion rules that an attorney may represent the insured, his liability insurer, and the same insurer relative to underinsured motorist coverage ca...
- Adopted: July 21, 1994Opinion rules that a lawyer may not passively listen while the opposing party's nonparty treating physician comments on his or her treatment of the...
- Adopted: July 21, 1994Opinion rules that a lawyer may not offer or enter into a settlement agreement that contains a provision barring the lawyer who represents the sett...
- Adopted: April 15, 1994Opinion rules that an attorney retained by an insurance carrier to defend an insured has no ethical obligation to represent the insured on a compul...
- Adopted: April 15, 1994Opinion rules that a lawyer who represents a client on a criminal charge may not lend the client the money necessary to post bond.
- Adopted: April 15, 1994Opinion rules that an attorney may seek the appointment of an independent guardian ad litem for a child whose guardian has an obvious conflict of i...
- Adopted: January 14, 1994Opinion rules that an attorney may not participate in the resolution of a civil dispute involving allegations against a psychotherapist of sexual i...
- Adopted: October 29, 1993Opinion rules that an attorney may provide a confession of judgment to an unrepresented adverse party for execution by that party so long as the la...
- Adopted: July 09, 1993Opinion discusses when an attorney who is a full-time employee of an insurance company may represent the insurance company, the insured, or others ...
- Adopted: April 16, 1993Opinion rules that a lawyer may not communicate with an adverse corporate party's house counsel, who appears in the case as a corporate manager, wi...
- Adopted: April 16, 1993Opinion rules that a lawyer may seek the appointment of a guardian for a client the lawyer believes to be incompetent over the client's objection.
- Adopted: January 15, 1993Opinion rules that prosecutors and defense attorneys may negotiate plea agreements in which appellate and postconviction rights are waived, except ...
- Adopted: January 15, 1993Opinion rules that the prosecutor and the defense attorney must see that all material terms of a negotiated plea are disclosed in response to direc...
- Adopted: January 15, 1993Opinion rules that an attorney may not donate a client's funds to a charity without the client's consent.
- Adopted: January 15, 1993Opinion rules that in cases of multiple representation a lawyer who has been discharged by one client must deliver to that client as part of that c...
- Adopted: January 15, 1993Opinion rules that a lawyer for a party adverse to the government may freely communicate with government officials concerning the matter until noti...
- Adopted: October 23, 1992Opinion finds no disqualifying conflict of interest where an attorney is retained by an insurer to represent an insured during the pendency of a de...
- Adopted: July 17, 1992Opinion rules that a lawyer employed to represent a county in appellate matters may also sue the county's department of social services.
- Adopted: July 17, 1992Opinion rules that, for the purpose of the Rules of Professional Conduct, a lawyer may, but need not necessarily, disclose confidential information...
- Adopted: April 17, 1992Opinion rules that deliberate release of settlement proceeds without satisfying conditions precedent is dishonest and unethical.
- Adopted: January 17, 1992Opinion rules that a member of the attorney general's staff may not consult ex parte with a trial court judge if it is likely that that lawyer will...
- Adopted: January 17, 1992Opinion rules that a lawyer may not agree to bear the costs of federal class action litigation.
- Adopted: January 17, 1992Opinion rules that a lawyer may represent parents and an independent guardian ad litem for their child concerning related tort claims under certain...
- Adopted: October 18, 1991Opinion rules that an attorney employed by an insurer to defend in the name of the defendant pursuant to underinsured motorist coverage may not com...
- Adopted: October 18, 1991Opinion rules that an attorney may acquiesce in a client's communication with an opposing party who is represented without the other attorney's con...
- Adopted: October 18, 1991Opinion rules that a borrower's lawyer may render a legal opinion to the lender.
- Adopted: October 18, 1991Opinion rules that an attorney should not waive the statute of limitations without the client's consent.
- Adopted: July 12, 1991Opinion rules that attorneys may give legal advice and drafting assistance to persons wishing to proceed pro se without appearing as counsel of rec...
- Adopted: July 12, 1991Opinion discusses circumstances under which a refund of a prepaid fee is required.
- Adopted: July 12, 1991Opinion rules that a lawyer may disclose information concerning advice given to a client at a closing in regard to the significance of the client's...
- Adopted: July 12, 1991Opinion rules that an attorney retained by a liability insurer to defend its insured may not advise insured or insurer regarding the plaintiff's of...
- Adopted: July 12, 1991Opinion rules that an attorney retained by an insurer to defend its insured may not advise insurer or insured regarding the plaintiff's offer to li...
- Adopted: April 12, 1991Opinion rules that a public defender may represent criminal defendants while serving on the school board.
- Adopted: April 12, 1991Opinion rules that the borrower's lawyer may render a legal opinion to the lender.
- Adopted: April 12, 1991Opinion rules that a lawyer and her client may agree to employ alternative dispute resolution procedures to resolve disputes between themselves.
- Adopted: January 18, 1991Opinion rules that a lawyer for the insured and the insurer may not enter voluntary dismissal of the insured's counterclaim without the insured's c...
- Adopted: January 17, 1991Opinion rules that an "of counsel" relationship may exist between lawyers practicing in different towns if the professional relationship is close, ...
- Adopted: January 17, 1991Opinion rules that an attorney employed by the insurer to represent the insured and its own interests may not send the insurer a letter on behalf o...
- Adopted: January 17, 1991Opinion rules that an attorney representing both the insurer and the insured need not surrender to the insured copies of all correspondence concern...
- Adopted: October 17, 1990Opinion rules that counsel for a condominium association may represent the association against a unit owner.
- Adopted: October 17, 1990Opinion rules that a lawyer who has as trustee initiated a foreclosure proceeding may resign as trustee after the foreclosure is contested and act ...
- Adopted: October 17, 1990Opinion construes the term "professional relationship" and explores the circumstances under which solicitation of persons or organizations with who...
- Adopted: July 13, 1990Opinion concerns several situations in which an attorney who represents a criminal defendant wishes to interview other individuals who are represen...
- Adopted: July 13, 1990Opinion rules that a defense attorney may interview a child who is the prosecuting witness in a molestation case without the knowledge or consent o...
- Adopted: April 13, 1990Opinion rules that a lawyer wishing to interview a witness who is not a party, but who is represented by counsel, must obtain the consent of the wi...
- Adopted: January 12, 1990Opinion rules that a lawyer who advances the cost of obtaining medical records before deciding whether to accept a case may not condition the relea...
- Adopted: January 12, 1990Opinion rules that an attorney may not condition settlement of a civil dispute on an agreement not to report lawyer misconduct.
- Adopted: January 12, 1990The responsibilities and limitations of the lawyer acting as trustee arise primarily from the lawyer's fiduciary relationship in serving as trustee...
- Adopted: October 20, 1989Opinion rules that a firm which employs a paralegal is not disqualified from representing an interest adverse to that of a party represented by the...
- Adopted: October 20, 1989Opinion rules that an attorney hired by the Bureau of Indian Affairs to prosecute criminal charges before a Tribal Court may represent defendants i...
- Adopted: October 20, 1989Opinion rules that a lawyer may advance his client's fine.
- Adopted: October 20, 1989Opinion rules that a lawyer may disclose confidential information to his or her liability insurer to defend against a claim but not for the sole pu...
- Adopted: July 14, 1989Opinion rules that another member of a lawyer's firm may substitute for the lawyer in defending a criminal case if there is no prejudice to the cli...
- Adopted: July 14, 1989Opinion rules that an attorney generally may interview a rank and file employee of an adverse corporate party without the knowledge or consent of t...
- Adopted: July 14, 1989Opinion rules that subject to general conflict of interest rules, a lawyer may represent police officers who are referred by a professional organiz...
- Adopted: July 14, 1989Opinion rules that an attorney may disclose client confidences necessary to protect her reputation where a claim alleging malpractice is brought by...
- Adopted: April 17, 1989Opinion rules that for the purposes of a real estate transaction, an attorney may, with proper notice to the borrower, represent only the lender, a...
- Adopted: April 14, 1989Opinion rules that a lawyer may represent a plaintiff against an insurance company's insured while defending other persons insured by the company i...
- Adopted: January 13, 1989Opinion describes circumstances under which a lawyer who has been appointed to represent an indigent person may accept payment directly from the cl...
- Adopted: January 13, 1989Opinion rules that a lawyer who represents a criminal defendant whose possession property was seized may not without consent seek the property as a...
- Adopted: January 13, 1989Opinion rules that a lawyer may sue a municipality although his partner serves as a member of its governing body.
- Adopted: January 13, 1989Opinion rules that for the purposes of a real estate transaction, an attorney may, with proper notice to the borrower, represent only the lender, a...
- Adopted: October 28, 1988Opinion outlines professional responsibilities of lawyers involved in a law firm dissolution.
- Adopted: July 15, 1988Opinion rules that an attorney may not communicate settlement demands directly to an insurance company which has employed counsel to represent its ...
- Adopted: April 15, 1988Opinion rules that a law firm which has received money representing the refund of an appeal bond to a client owing substantial fees to the firm may...
- Adopted: April 15, 1988Opinion rules that attorneys in North Carolina may use attorney placement services which place independent contracting attorneys with other attorne...
- Adopted: January 15, 1988Opinion rules that an attorney may be designated as "of counsel" to a North Carolina law firm so long as the attorney is licensed in North Carolina...
- Adopted: January 15, 1988Opinion rules that an attorney who learns through a privileged communication of his client's alias and prior criminal record may not permit his cli...
- Adopted: October 23, 1987Opinion rules that a North Carolina firm may not list a lawyer licensed elsewhere, but not in North Carolina, as "of counsel" or as a "consulting a...
- Adopted: July 24, 1987Opinion rules that a lawyer may represent clients in a medical malpractice action even though one of the potential defendants or a witness and agen...
- Adopted: July 24, 1987Opinion rules that a law firm may ethically represent the estates of both a husband and a wife in an action arising out of a private airplane crash...
- Adopted: July 24, 1987Opinion rules that a law firm in North Carolina may not list on its letterhead a "corresponding" attorney in another location.
- Adopted: April 17, 1987Opinion rules that in the absence of consent from the heirs, a lawyer may not represent the administratrix officially and personally where her inte...
- Adopted: April 17, 1987Opinion rules that a lawyer may send a demand letter to the adverse party without identifying the client by name.
- Adopted: January 16, 1987Opinion rules that a lawyer employed by an insurer to represent an uninsured motorist must not withdraw after settlement until he obtains permissio...
- Adopted: October 24, 1986Opinion rules that attorney may interview person with an adverse interest who is unrepresented and make a demand or propose a settlement.
- Adopted: October 24, 1986Opinion rules that a lawyer appointed conservator of a deceased lawyer's files should comply with the instructions of the court and seek to preserv...
- Adopted: October 24, 1986Opinion rules that a lawyer may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- Adopted: July 25, 1986Opinion states that house counsel for a mortgage bank may not represent other lenders and borrowers while serving as house counsel.
- Adopted: April 18, 1986Opinion rules that lawyers may not solicit corporate clients.
- Adopted: April 18, 1986Opinion rules that lawyer may act as Trustee after having represented the seller.
- Adopted: February 05, 1982Inquiry: Does an attorney who has represented an indigent criminal defendant upon appeal from a conviction in Superior Court, and who has, in the ...
- Adopted: October 14, 1981Inquiry: B Company executed a note secured by deed of trust to T for S & L, a savings and loan association. T was and is executive vice presid...
- Adopted: July 15, 1981The attorney for the plaintiff in a domestic case may not make available to the defendant a form waiving the right to answer and other rights, nor ...
- Adopted: January 18, 1980Inquiry: Law firm does insurance defense work on a regular basis for certain insurance companies such that there is always at least one active file...
- Adopted: October 27, 1977Inquiry: Attorney A represents the husband-plaintiff in a simple, uncontested divorce action based on one year's separation. Defendant-wife accepts...
- Adopted: July 15, 1977Inquiry: Is it ethical for the attorney representing the plaintiff in a divorce action, with the plaintiff's consent, to: 1. Send to the defendant...
- Adopted: April 15, 1977Over a period of several years, a number of inquiries have been made to the Council centering around the role of the lawyer in the usual residentia...
- Adopted: January 18, 1974An attorney generally does not need the consent of the adverse party to talk to witnesses.
