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Your search for: “conflict of interest” returned 268 results
- 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: July 19, 2024Opinion provides that a lawyer may allow a third-party business to install a self-service kiosk in the lawyer’s office for the provision of ignitio...
- 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: 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 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 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: 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: 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 advertise the lawyer’s inclusion in a list or membership in an organization that bestows a laudatory designation on...
- 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, depending on the function of the social media platform, offering an incentive to engage with a law practice’s social media acco...
- 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 jointly represent clients and prepare a separation agreement.
- 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 the name of a lawyer who is under an active suspension must be removed from the firm name within a reasonable period of time.
- Adopted: April 20, 2018Opinion rules that a lawyer may offer clients on-site access to a financial brokerage company as a payment option for legal fees so long as the law...
- 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: April 21, 2017Opinion rules that lawyers may advertise through a text message service that allows the user to initiate live telephone communication.
- 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 a lawyer who previously represented a husband and wife in several matters may not represent one spouse in a subsequent domestic ...
- Adopted: July 22, 2016Opinion rules that a lawyer who does not own equity in a law firm may be held out to the public by the designation “partner,” “income partner,” or ...
- 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 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 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 21, 2015Opinion rules that a lawyer who represents the employer and its workers' compensation carrier must share the case evaluation, litigation plan, and ...
- 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 common representation in a commercial real estate loan closing is, in most instances, a “nonconsentable” conflict meaning that a...
- 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: 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 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: July 25, 2014Opinion analyzes the responsibilities of the partners and supervisory lawyers in a firm when another firm lawyer has a mental impairment.
- Adopted: April 25, 2014Opinion rules that a lawyer may not represent both the trustee and the secured creditor in a contested foreclosure proceeding.
- Adopted: April 25, 2014Opinion encourages government lawyers to engage in pro bono representation unless prohibited by law from doing so.
- 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 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 examines the ethical duties of a lawyer representing both the buyer and the seller on the purchase of a foreclosure property and the lawyer...
- 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: 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 that an agreement for a departing lawyer to pay his former firm a percentage of any legal fee subsequently recovered from the continu...
- 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 representing an employer must evaluate whether email messages an employee sent to and received from the employee’s lawy...
- Adopted: July 20, 2012Opinion rules that a lawyer may charge interest on a delinquent client account, without an advance agreement with the client, to the extent and in ...
- 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: October 21, 2011Opinion rules that a lawyer may advertise on a website that offers daily discounts to consumers where the website company’s compensation is a perce...
- 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, 2011Editor's note: This opinion is not intended to imply that a lawyer for an estate is required to petition the clerk for approval of the lawyer’s fee...
- Adopted: July 15, 2011Opinion rules that a lawyer may not represent the beneficiary of the deed of trust in a contested foreclosure if the lawyer’s spouse and paralegal ...
- 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: 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: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- Adopted: January 21, 2011Opinion provides guidelines for a lawyer for a party to a partition proceeding and rules that the lawyer may subsequently serve as a commissioner f...
- Adopted: January 21, 2011Opinion rules that a lawyer may place an advertisement for employment in practice areas in which the lawyer does not have experience only if the la...
- Adopted: October 29, 2010Opinion rules that a lawyer participating in a real estate transaction may not in such transaction place his client’s title insurance in a title in...
- Adopted: July 23, 2010Opinion rules that a lawyer may undertake the representation of a debtor in a Chapter 13 bankruptcy, although the lender is lawyer's current client...
- 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: January 15, 2010Opinion rules that a lawyer may serve as the trustee in a foreclosure proceeding while simultaneously representing the beneficiary of the deed of t...
- 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: 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: April 24, 2009Opinion rules that a lawyer may not initiate foreclosure on a deed of trust on a client's property while still representing the client.
- 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 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: 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: 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: 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: 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 provides guidance on miscellaneous issues relative to client seminars and solicitation, gifts to clients and others following referrals, di...
- 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: July 13, 2007Opinion rules that a lawyer is not required to withdraw from representing one client if the other client revokes consent without good reason and an...
- Adopted: July 13, 2007Opinion rules that a lawyer may continue to represent a husband and wife in a Chapter 13 bankruptcy after they divorce provided the conditions on c...
- 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: 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 a lawyer may advertise by autodialing potential clients and playing a recorded telephone message with information about a legal ...
- Adopted: October 20, 2006Opinion explores the circumstances under which a lawyer may obtain litigation funding from a financing company.
- 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 explores the extent to which a lawyer may communicate with employees or officials of a represented government entity.
- 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 a lawyer may only refer a client to a financing company if certain conditions are met.
- 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 rules that a lawyer for a publicly traded company does not violate the Rules of Professional Conduct if the lawyer "reports out" confidenti...
- 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 minimum fee that will be billed against at an hourly rate and is collected at the beginning of representation belongs to the c...
- Adopted: January 20, 2006Opinion addresses ethical concerns raised by an internet-based or virtual law practice and the provision of unbundled legal services.
- 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: 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: October 21, 2005Opinion rules that the compensation of a nonlawyer law firm employee who represents Social Security disability claimants before the Social Security...
- 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: 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 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: 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: July 16, 2004Opinion rules that a lawyer may disclose confidential client information to collect a fee, including information necessary to support a claim that ...
- 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: April 23, 2004Opinion rules that an attorney may not offer promotional merchandise in a targeted direct mail solicitation letter as an inducement to call the att...
- 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: January 16, 2004Opinion rules that a lawyer may not prepare a power of attorney for the benefit of the principal at the request of another individual or third-part...
- 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: 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 interprets various provisions of Rule 1.18.
- 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 law firm may contract with a professional employer organization (PEO) to perform human resources, payroll, and other non-opera...
- 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: 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: 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: 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 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 for an estate may seek removal of the personal representative if the personal representative's breach of fiduciary duti...
- 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 examines when a lawyer has a conflict of interest in representing various family members on claims for a deceased employee's workers' compe...
- 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 may sign a statement acknowledging a finance company's interest in a client's recovery subject to certain conditions.
- 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: July 21, 2000Opinion rules a lawyer may respond to an inquiry posted on a web page message board provided there are certain disclosures.
- 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 when an insured fails to cooperate with the defense, as required by the insurance contract, the insurance defense lawyer may fol...
- Adopted: October 22, 1999Opinion rules that a lawyer may represent all parties in a residential real estate closing and subsequently represent only one party in an escrow d...
- 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: 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: April 23, 1999Opinion rules that a lawyer may not accept a referral fee or solicitor's fee for referring a client to an investment advisor.
- 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 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: July 16, 1998Opinion rules that a lawyer may charge a client the actual cost of retrieving a closed client file from storage, subject to certain conditions, pro...
- 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: January 16, 1998Opinion examines the circumstances in which it is acceptable for the lawyer who regularly represents a real estate developer to represent the buyer...
- 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, provided steps are taken to safeguard the client funds on deposit in a trust account, a lawyer may accept fees paid by credit c...
- 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 rules that, subject to the requirements of law, a lawyer may add a finance charge to a client's account if the client fails to pay the bala...
- Adopted: October 24, 1997Opinion prohibits the employer's lawyer from engaging in direct communications with the treating physician for an employee with a workers' compensa...
- 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 may represent multiple claimants in a personal injury case, even though the available insurance proceeds are insufficie...
- Adopted: July 18, 1997Opinion rules that a lawyer may use the services of a nonlawyer independent contractor to search a title provided the nonlawyer is properly supervi...
- Adopted: April 04, 1997Opinion rules that a lawyer who owns stock in a mortgage brokerage corporation may not act as the settlement agent for a loan brokered by the corpo...
- 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: 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 a lawyer may participate in a directory of lawyers on the Internet if the information about the lawyer in the directory is truth...
- 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: October 18, 1996Opinion rules that a lawyer may display truthful information about the lawyer's legal services on a World Wide Web site on the Internet.
- Adopted: October 17, 1996Opinion concerns disbursements from a trust account in reliance upon the deposit of a mortgage company's check issued pursuant to an agreement with...
- 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: 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 should seek the court's permission to listen to a tape recording of a telephone conversation of his or her client made ...
- Adopted: April 14, 1995Opinion rules that a lawyer who represents a client in a pending domestic action may take a promissory note secured by a deed of trust as payment f...
- 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 lawyer may close a real estate transaction brokered by the lawyer's spouse with the consent of the parties to the transaction.
- 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 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 addresses the ethical responsibilities of a lawyer appointed to represent a criminal defendant in a capital case who, in good faith, believ...
- 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: October 21, 1994Opinion rules that a lawyer who owns any stock in a title insurance agency may not give title opinions to the title insurance company for which the...
- 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 for an opposing party may communicate directly with the pathologist who performed an autopsy on the plaintiff's deceden...
- Adopted: October 01, 1994Opinion rules that a lawyer who has agreed to bill a client on the basis of hours expended may not bill the client on the same basis for reused wor...
- 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: 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 whose associate is a member of a hospital's board of trustees may not sue the hospital on behalf of a client.
- 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: April 15, 1994Opinion rules that a lawyer may ask her client for a waiver of objection to a possible future representation presenting a conflict of interest if c...
- 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: April 15, 1994Opinion rules that a lawyer may jointly represent a personal injury victim and the medical insurance carrier that holds a subrogation agreement wit...
- 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: 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 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 a lawyer, having undertaken to represent two clients in the same matter, may not thereafter represent one against the other in t...
- Adopted: January 15, 1993Opinion rules that an attorney cannot permit the bank to link her trust and business accounts for the purpose of determining interest earned or cha...
- 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: 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 prosecutors and defense attorneys may negotiate plea agreements in which appellate and postconviction rights are waived, except ...
- Adopted: January 15, 1993Opinion holds that a lawyer may not split a fee with another lawyer who does not practice in her law firm unless the division is based upon the wor...
- Adopted: January 15, 1993Opinion rules that an attorney may not donate a client's funds to a charity without the client's consent.
- 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: 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 may not accept an assignment of her client's judgment while representing the client on appeal of the judgment.
- 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: January 17, 1992Opinion rules that a lawyer may not represent parents as guardians ad litem for their injured child and as individuals concerning their related tor...
- 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: 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 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 associate attorneys may be leased back to their firms.
- 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: 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 the borrower's lawyer may render a legal opinion to the lender.
- 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 a lawyer may not permit the employment of court reporting services to be influenced by the possibility that the lawyer's employe...
- 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 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 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: 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 trust funds must be held at least five years after the last occurrence of certain prescribed events before they may be deemed ab...
- 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: July 13, 1990Opinion rules that a lawyer may close a real estate transaction brokered by a real estate firm which employs the attorney's secretary as a part-tim...
- 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 discusses disbursement against uncollected funds, accounting for earnest money paid outside closing and representation of the seller.
- Adopted: January 12, 1990Opinion rules that the significance of an attorney's personal interest in property determines whether he or she has a conflict of interest sufficie...
- 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 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: 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 the Public Defender's office should be considered as a single law firm and that staff attorneys may not represent codefendants w...
- 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: 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 an insurer and its insured as coplaintiffs in a declaratory judgment action.
- 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 rules that attorneys that own stock in a real estate company may refer clients to the company if such would be in the client's best interes...
- 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: 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 lawyer may not purchase his client's property at an execution sale on his own account because of conflict of interest.
- 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: 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: 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: 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 16, 1987Opinion rules that a lawyer may represent grantees of deeds he drafted even though his secretary may be called as a witness. [See Rule 3.7 of the R...
- 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 county attorney who occasionally advises the Department of Social Services may not act as guardian ad litem in child abuse cases
- Adopted: October 24, 1986Opinion rules that when married lawyers are employed in different firms and those firms represent adverse parties, neither firm is disqualified.
- Adopted: October 24, 1986Opinion rules that a retirement agreement may require a lawyer to accept inactive status as a condition of payment of retirement benefits.
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- 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 lawyer may act as Trustee after having represented the seller.
- Adopted: January 17, 1986Opinion rules that a lawyer may charge a contingent fee to recover child support payments.
- 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: October 14, 1981An attorney who serves as a member of a county or municipal governing board, or State or federal legislative body, or any entity thereunder, or com...
- Adopted: July 15, 1981Attorney A represents H, who is divorced from W. Prior to the divorce in which Attorney A represented H, H and W had obtained a loan from Bank B. T...
- Adopted: January 18, 1980If a lawyer owns real property which he is selling or has a beneficial interest in a corporation, partnership or other entity which is selling real...
- 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 13, 1979Inquiry: Lawyer A is a trustee in a deed of trust and institutes foreclosure proceedings. At the time he institutes the proceedings, they do not ap...
- Adopted: July 14, 1978Several inquiries have been received that indicate a need to clarify CPR 94 and CPR 137 relating to the duties of the trustee in a foreclosure proc...
- 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: 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: July 12, 1974Inquiry: A lawyer is guardian for an incompetent. In his capacity as guardian, he filed a special proceeding to obtain authority to sell a portion ...
- Adopted: January 18, 1974Inquiry: Dated August 16, 1973. Client discharged his lawyer and employed another lawyer. The discharged lawyer has been requested to "turn over t...
