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Your search for: “civil criminal threat” returned 134 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: April 21, 2023Opinion clarifies a lawyer’s professional responsibility when closing and/or selling a law practice and when handling aged client files.
- 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: January 21, 2022Opinion rules that a lawyer may not take possession of photographs portraying a minor engaged in sexual activity.
- 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: July 16, 2021Opinion discusses the permissibility of various types of communications between lawyers and judges.
- Adopted: April 16, 2021Opinion addresses conflicts of interest, communication, funding issues, and accountings in contemporaneous closings for residential real property.
- Adopted: January 15, 2021Opinion discusses a lawyer’s professional responsibility to inform clients about relevant, potential fraudulent attempts to improperly acquire clie...
- 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: 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: 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: July 28, 2017Opinion rules that a lawyer is prohibited from disbursing settlement funds pursuant to the client’s directive if the funds are subject to a perfect...
- Adopted: January 27, 2017Opinion rules that lawyer may not disclose financial information obtained during the representation of a former client to assist the sheriff with t...
- 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: 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: July 17, 2015Opinion rules that a private lawyer may supervise an investigation involving misrepresentation if done in pursuit of a public interest and certain ...
- 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: 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: 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 rules that a lawyer may send a subpoena for medical records to an entity covered by HIPAA without providing the assurances necessary for th...
- Adopted: April 25, 2014Opinion encourages government lawyers to engage in pro bono representation unless prohibited by law from doing so.
- 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: 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: 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: 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 criminal defense lawyer accused of ineffective assistance of counsel by a former client may share confidential client informat...
- 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: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- 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 lawyer must use reasonable care to prevent the disclosure of confidential client information hidden in metadata when transmitt...
- 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 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 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: 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: 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: 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: 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: October 20, 2006Opinion rules that if warranted by exigent circumstances, a lawyer may allow a paralegal to sign his name to court documents so long as it does not...
- Adopted: July 21, 2006Opinion rules that a lawyer must use reasonable care under the circumstances to protect from disclosure a client's confidential health information ...
- 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 absent consent to disclose from the parent, a lawyer may not reveal confidences received from a parent seeking representation of...
- 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: July 14, 2005Opinion rules that a lawyer may not threaten to report an opposing party or a witness to immigration officials to gain an advantage in civil settle...
- 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: 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: 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: 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, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (N....
- 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: 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 lawyer with knowledge that a former client is defrauding a bankruptcy court may reveal the confidences of the former client to...
- 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: July 23, 1999Opinion rules that whether the lawyer for a residential real estate closing must obtain the cancellation of record of a prior deed of trust depends...
- Adopted: April 23, 1999Opinion provides guidelines for a lawyer representing a client with a civil claim that also constitutes a crime.
- 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: April 23, 1999Opinion rules that lawyers in different field offices of Legal Services of North Carolina may represent clients with materially adverse interests p...
- Adopted: January 15, 1999Opinion rules that a lawyer representing a minor owes the duty of confidentiality to the minor and may only disclose confidential information to th...
- 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: 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, after a corporation files a Chapter 7 bankruptcy petition and at the request of the bankruptcy trustee, a lawyer who previously...
- 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 15, 1998Opinion examines the restrictions on a lawyer's public comments about a pending civil proceeding in which the lawyer is participating.
- 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: 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...
- 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: July 26, 1996Opinion rules that a lawyer representing a client on a good faith claim for social security disability benefits may withhold evidence of an adverse...
- 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: 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 prior to rendering legal services to a client, a lawyer may not obtain a confession of judgment from a client to secure a fee.
- Adopted: July 21, 1995Opinion rules that it is prejudicial to the administration of justice for a prosecutor to offer special treatment to individuals charged with traff...
- 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: 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 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 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 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 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 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 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 rules that a lawyer may not acquire a proprietary interest in the subject matter of domestic litigation by obtaining a client's authorizati...
- 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 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 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 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 sum of money paid to a lawyer in advance to secure payment of a fee which is yet to be earned and to which the lawyer is not e...
- 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: January 15, 1993Opinion rules that a lawyer may not include language in an employment agreement that divests the client of her exclusive authority to settle a civi...
- 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 an attorney may not donate a client's funds to a charity without the client's consent.
- 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: October 23, 1992Opinion rules that a lawyer who formerly represented an estate may not subsequently defend the former personal representative against a claim broug...
- 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: January 17, 1992Opinion rules that a lawyer may not agree to bear the costs of federal class action litigation.
- 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 an assistant district attorney may prosecute cases while serving on the school board.
- Adopted: January 18, 1991Opinion rules that an attorney serving on a hospital ethics committee is not automatically disqualified from representing interests adverse to the ...
- 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 clarifies two lines of authority in prior ethics opinions. Where an attorney serves on a governing body, such as a county commission, the a...
- 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 an attorney may not condition settlement of a civil dispute on an agreement not to report lawyer misconduct.
- 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 disclose confidential information to his or her liability insurer to defend against a claim but not for the sole pu...
- Adopted: October 20, 1989Opinion rules that a lawyer may advance his client's fine.
- 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 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 serving as an escrow agent may not disburse in a manner not contemplated by the escrow agreement unless all parties ...
- Adopted: July 14, 1989Opinion rules that attorney may represent the school board while serving as a county commissioner with certain restrictions.
- 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 describes circumstances under which a lawyer who has been appointed to represent an indigent person may accept payment directly from the cl...
- 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: 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: January 16, 1987Opinion rules that a law firm may not simultaneously represent shareholders in a derivative action and the corporation's landlord on a claim for ba...
- Adopted: January 17, 1986Opinion rules that a lawyer may charge a contingent fee to recover child support payments.
- 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: September 27, 1979Opinion: The partners and associates of an attorney who serves on a governing board such as a city council or board of county commissioners are no...
- Adopted: April 15, 1977Inquiry: By CPR 17, issued in July, 1974, we called attention to G.S. 58-135.1 which became effective July 1, 1974, prohibiting lawyers and others ...
- Adopted: October 21, 1976Inquiry: A lawyer is trustee in a deed of trust conveying real estate as security for a loan made to a borrower by bank. The bank advises the trust...
