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Your search for: “confidentiality AND advice” returned 161 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: October 27, 2023Opinion rules that a lawyer may provide services to multiple clients simultaneously and explores various billing structures for overlapping services.
- 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: 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: 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: 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: 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: 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: February 01, 2016Opinion encourages lawyers to become mentors to law students and new lawyers (“protégés”) who are not employees of the mentor’s firm, and examines ...
- 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 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 that a private lawyer may supervise an investigation involving misrepresentation if done in pursuit of a public interest and certain ...
- 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: 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: 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 a lawyer who provides free brief consultations to members of a nonprofit organization must screen for conflicts prior to conduct...
- 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.
- Adopted: October 25, 2013Opinion rules that, with certain disclosures, a lawyer may participate in an online group legal advertising service that gives a participating lawy...
- 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 law firm may send a nonlawyer field representative to meet with a prospective client and obtain a representation contract if a...
- 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: January 25, 2013Opinion rules that a lawyer-mediator may not draft a business contract for pro se parties to mediation.
- 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 a lawyer may not participate as a network lawyer for a company providing litigation or administrative support services for clients wi...
- Adopted: October 26, 2012Opinion rules that a lawyer may ask a former client for a recommendation to be posted on the lawyer’s profile on a professional networking website ...
- 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 must obtain client consent, confirmed in writing, before outsourcing its transcription and typing needs to a company lo...
- Adopted: January 27, 2012Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential ...
- 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: 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: July 15, 2011Opinion provides guidelines for the use of live chat support services on law firm websites.
- 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: 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 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: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- Adopted: July 23, 2010Opinion rules that a lawyer who consults with both parties to a dispute relative to the lawyer's prospective service as a mediator may not subseque...
- 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 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 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 has a professional obligation not to encourage or allow a nonlawyer employee to disclose confidences of a previous empl...
- 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 describes reasonable procedures for a computer-based conflicts checking system.
- 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 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 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: 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 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 rules that a lawyer may outsource limited legal support services to a foreign lawyer or a nonlawyer (collectively "foreign assistants") pro...
- 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: 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: 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: April 20, 2007Opinion rules that when a lawyer charges a fee for a consultation, and the lawyer accepts payment, there is a client-lawyer relationship for the pu...
- Adopted: April 20, 2007Opinion explains the duties of a lawyer who represents a local government and of a lawyer who is elected to the governing body of the local governm...
- Adopted: October 20, 2006Opinion explores the circumstances under which a lawyer may obtain litigation funding from a financing company.
- Adopted: October 20, 2006Opinion rules that a lawyer may be a member of a for-profit networking organization provided the lawyer does not distribute business cards and is n...
- Adopted: October 20, 2006Inquiry: May a person who is not a lawyer appear before planning boards, boards of adjustment, or other governmental bodies conducting quasi-judic...
- 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: 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: 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: April 21, 2006Opinion rules that the county tax attorney may not bid at a tax foreclosure sale of real property.
- Adopted: January 20, 2006Opinion addresses ethical concerns raised by an internet-based or virtual law practice and the provision of unbundled legal services.
- Adopted: January 20, 2006Opinion rules that the URL for a law firm website does not have to include words that identify the site as belonging to a law firm provided the URL...
- 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 an attorney may recommend that a prospective client use a computer in the attorney's office and the services of an Internet-base...
- 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: April 15, 2005Opinion rules that a law firm that employs a nonlawyer to represent Social Security claimants must so disclose to prospective clients and in any ad...
- 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 a trade name for a law firm that implies an affiliation with a financial planning company is misleading and prohibited.
- 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: 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: July 25, 2003Opinion rules that a law firm may contract with a professional employer organization (PEO) to perform human resources, payroll, and other non-opera...
- Adopted: January 24, 2003Opinion clarifies RPC 206 by ruling that a lawyer may reveal the relevant confidential information of a deceased client in a will contest proceedin...
- 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: 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, 2003Opinion rules that a nonlawyer assistant supervised by a lawyer may identify to the client who is a party to such a transaction the documents to be...
- 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 participate in a non-profit organization that promotes a cooperative method for resolving family law disputes altho...
- Adopted: October 19, 2001Opinion rules that competent legal representation of a borrower requires the presence of the lawyer at the closing of a residential real estate ref...
- Adopted: October 19, 2001Opinion rules that, although a lawyer may recommend the purchase of a financial product to a legal client, the lawyer may not receive a commission ...
- Adopted: July 27, 2001Opinion rules that disclosures made during a LAP support group meeting are confidential and not reportable to the State Bar under Rule 8.3.
- Adopted: April 27, 2001Opinion rules that there is no prohibition on a law firm entering into a contract with a management firm to administer the firm provided the lawyer...
- Adopted: April 27, 2001Opinion rules that, in a petition to a court for an award of an attorney's fee, a lawyer must disclose that the client paid a discounted hourly rat...
- 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 who represented a husband and wife in a joint Chapter 13 bankruptcy case may continue to represent one of the spouses a...
- Adopted: January 18, 2001Opinion explores the situations in which a lawyer who is also a CPA may provide legal services and accounting services from the same office.
- 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.
- 99 Formal Ethics Opinion 13 - Supervision of Paralegal Closing a Residential Real Estate TransactionAdopted: July 21, 2000Opinion rules that competent practice requires the presence of the closing lawyer at a residential real estate closing conference to explain the do...
- 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 an insurance defense lawyer may not submit billing information to an independent audit company at the insurance carrier's reques...
- 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: 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: July 16, 1998Opinion rules that an insurance defense lawyer may not disclose confidential information about an insured's representation in bills submitted to an...
- Adopted: April 16, 1998Opinion rules that the requirements set forth in Rule 1.17 relative to the sale of a law practice to a lawyer who is a stranger to the firm do not ...
- 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 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 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, 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 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: 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: July 18, 1997Opinion rules that a former residential real estate client is not entitled to the lawyer's title notes or abstracts regardless of whether such info...
- Adopted: April 04, 1997Opinion rules that, under certain circumstances, a lawyer may not represent a party whose interests are opposed to the interests of a prospective c...
- Adopted: January 24, 1997Opinion rules that although a lawyer asks a prospective client to sign a form stating that no client-lawyer relationship will be created by reason ...
- Adopted: October 18, 1996Opinion rules that a lawyer is subject to the Rules of Professional Conduct with respect to the provision of a law related service, such as financi...
- 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 provides guidelines for the disposal of closed client files.
- 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 an insured in a bad faith action against his insurer for failure to pay a liability claim brought by a cl...
- Adopted: July 21, 1995Opinion rules that when using a cellular or cordless telephone or any other unsecure method of communication, a lawyer must take steps to minimize ...
- 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 a lawyer may disclose the confidential information of a deceased client to the personal representative of the client's estate bu...
- 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 the attorney who formerly represented an estate may divulge confidential information relating to the representation of the estat...
- 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 explores the circumstances under which a lawyer who is also a real estate salesperson may close real estate transactions brokered by the re...
- 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: 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 a lawyer may not offer or enter into a settlement agreement that contains a provision barring the lawyer who represents the sett...
- Adopted: July 21, 1994Opinion rules that a lawyer who employs a paralegal is not disqualified from representing a party whose interests are adverse to that of a party re...
- 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: 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: January 15, 1993Opinion rules that an attorney may not represent the insured, her liability insurer and the same insurer relative to underinsured motorist coverage...
- 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: July 17, 1992Opinion rules that a law firm may make its waste paper available for recycling.
- 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 represent parents and an independent guardian ad litem for their child concerning related tort claims under certain...
- 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 attorneys may give legal advice and drafting assistance to persons wishing to proceed pro se without appearing as counsel of rec...
- 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 an attorney serving on a hospital ethics committee is not automatically disqualified from representing interests adverse to the ...
- 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 construes the term "professional relationship" and explores the circumstances under which solicitation of persons or organizations with who...
- Adopted: January 12, 1990Opinion rules that a lawyer may interview an unrepresented former employee of an adverse corporate party without the permission of the corporation'...
- 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 an attorney may disclose client confidences necessary to protect her reputation where a claim alleging malpractice is brought by...
- Adopted: January 13, 1989Opinion rules that an attorney who represented a husband and wife in certain matters may not represent the husband against the wife in a domestic a...
- Adopted: October 23, 1987Opinion rules that a law firm may not send letters recommending the services of the firm to persons or corporations that have indicated interest in...
- 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 a lawyer may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- 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 may affiliate with a private referral service under certain conditions. (See Rule 7.2(e) of the Revised Rules for addit...
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- 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: July 25, 1986Opinion states that house counsel for a mortgage bank may not represent other lenders and borrowers while serving as house counsel.
- Adopted: July 25, 1986Opinion rules that a lawyer may employ a collection agency to collect past due fees under certain circumstances.
- Adopted: January 14, 1983Inquiry: Law firm ABC represented client D for a substantial period of time. During that time, client D's file had an active status in the firm wi...
- 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: April 15, 1977Inquiry: A lending institution lends money secured by deeds of trust on real estate and advises all borrowers that it will accept title certificate...
