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Your search for: “enforcement of settlement” returned 122 results
- 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: October 21, 2022Opinion rules that a lawyer may call as an expert witness a public adjuster who will collect a statutorily authorized contingency fee paid by the c...
- Adopted: 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 lawyer may not take possession of photographs portraying a minor engaged in sexual activity.
- Adopted: July 16, 2021Opinion discusses a lawyer’s professional responsibility to safeguard entrusted funds by identifying and avoiding purported transactions involving ...
- Adopted: April 16, 2021Opinion addresses conflicts of interest, communication, funding issues, and accountings in contemporaneous closings for residential real property.
- Adopted: January 15, 2021Opinion rules that a lawyer may not advance a client’s portion of settlement proceeds while a matter is pending or litigation is contemplated but m...
- Adopted: January 15, 2021Opinion discusses a lawyer’s professional responsibility to inform clients about relevant, potential fraudulent attempts to improperly acquire clie...
- Adopted: October 23, 2020Opinion rules that a solo practitioner/owner of a PLLC is not prohibited from representing the PLLC and testifying in a dispute with a former client.
- Adopted: October 23, 2020Opinion rules that a lawyer may not invest in a fund that provides litigation financing if the lawyer’s practice accepts clients who obtain litigat...
- Adopted: 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: July 27, 2018Opinion explains when a lawyer may participate in an online rating system, and a lawyer’s professional responsibility for the content posted on a p...
- 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: 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 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: 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: 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 rules that a lawyer may send a subpoena for medical records to an entity covered by HIPAA without providing the assurances necessary for th...
- 2013 Formal Ethics Opinion 1 - Release/Dismissal Agreement Offered by Prosecutor to Convicted PersonAdopted: October 15, 2013Opinion rules that, subject to conditions, a prosecutor may enter into an agreement to consent to vacating a conviction upon the convicted person’s...
- Adopted: July 19, 2013Opinion rules that a state prosecutor does not violate the Rules of Professional Conduct by asking the court to enter an order for arrest when a de...
- Adopted: July 19, 2013Opinion 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 a lawyer may not participate as a network lawyer for a company providing litigation or administrative support services for clients wi...
- Adopted: January 25, 2013Opinion rules that whether a lawyer is a “necessary witness” and thereby disqualified from acting as a client’s advocate at a trial is an issue lef...
- Adopted: January 25, 2013Opinion 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 that a lawyer who represented an organization while employed with another firm must be screened from participation in any matter, or ...
- Adopted: October 26, 2012Opinion rules that a lawyer may ask a former client for a recommendation to be posted on the lawyer’s profile on a professional networking website ...
- 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: April 22, 2011Opinion rules that a criminal defense lawyer may advise an undocumented alien that deportation may result in avoidance of a criminal conviction and...
- Adopted: April 22, 2011Opinion provides guidelines for the application of the prohibition in Rule 3.7 on a lawyer serving as both advocate and witness when the lawyer is ...
- Adopted: 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: 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: January 23, 2009Opinion rules that, provided the agreement does not constitute the criminal offense of compounding a crime and is not otherwise illegal, and does n...
- Adopted: January 23, 2009Opinion rules that a lawyer who represented the trustee or served as the trustee in a foreclosure proceeding at which the lender acquired the subje...
- Adopted: January 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 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: 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: October 19, 2007Opinion rules that a lawyer may not take possession of a client's contraband if possession is itself a crime and, unless there is an exception allo...
- Adopted: October 19, 2007Opinion rules that a lawyer owes no ethical duty to the heirs of an estate that he represents in a wrongful death action except as set forth in Rul...
- Adopted: January 19, 2007Opinion rules that the prohibition against communications with represented persons does not apply to a lawyer acting solely as a guardian ad litem.
- Adopted: January 19, 2007Opinion rules that under certain circumstances a lawyer may consider a dispute with a client over legal fees resolved and transfer funds from the t...
- Adopted: July 21, 2006Opinion rules thata lawyer may disburse against deposited items in reliance upon a bank's fundingschedule under certain circumstances.
- 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: January 20, 2006Opinion examines the requirements for an interim account used to pay the costs for real estate closings and also rules that the actual costs may be...
- Adopted: January 20, 2006Opinion addresses ethical concerns raised by an internet-based or virtual law practice and the provision of unbundled legal services.
- 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 an insurance defense lawyer may give the insured and the insurance carrier an evaluation of a pending case, including settlement...
- Adopted: April 23, 2004Opinion rules that a lawyer must deal honestly with the members of her former firm when dividing a legal fee.
- 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 an attorney may provide an accounting of disbursements of sums recovered for a personal injury claimant as required by N.C.G.S. ...
- 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: 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: 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: 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: 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: January 18, 2002Opinion rules that when a client authorizes a lawyer to assure a medical provider that it will be paid upon the settlement of a personal injury cla...
- Adopted: April 27, 2001Opinion rules that a lawyer may settle a tort claim by making disbursements from a trust account in reliance upon the deposit of funds provisionall...
- 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 was formerly in-house legal counsel for a corporation must obtain the permission of a court prior to disclosing con...
- Adopted: July 19, 2000Opinion rules that a television advertisement for legal services that implies that an insurance company will settle a claim more quickly because th...
- Adopted: 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: April 23, 1999Opinion provides guidelines for a lawyer representing a client with a civil claim that also constitutes a crime.
- 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 examines the circumstances in which it is acceptable for the lawyer who regularly represents a real estate developer to represent the buyer...
- 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 in receipt of materials that appear on their face to be subject to the attorney-client privilege or otherwise confident...
- Adopted: April 04, 1997Opinion rules that a lawyer who owns stock in a mortgage brokerage corporation may not act as the settlement agent for a loan brokered by the corpo...
- Adopted: April 04, 1997Opinion rules that a lawyer in possession of the legal file relating to the prior representation of co-parties in an action must provide the co-par...
- 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 for a personal injury victim may not execute an agreement to indemnify the tortfeasor's liability insurance carrier aga...
- Adopted: April 12, 1996Opinion rules that when a law firm receives funds that are not identified as client funds, the firm must investigate the ownership of the funds and...
- 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 a lawyer may make disbursements from his or her trust account in reliance upon the deposit of funds provisionally credited to th...
- 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: 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: October 21, 1994Opinion rules that a lawyer is required to disclose to an adverse party with whom the lawyer is negotiating a settlement that the lawyer's client h...
- Adopted: October 21, 1994Opinion examines a lawyer's obligation to deliver the file to the client upon the termination of the representation when the lawyer represents mult...
- Adopted: July 21, 1994Opinion rules that a lawyer may not 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 whose associate is a member of a hospital's board of trustees may not sue the hospital on behalf of a client.
- 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 14, 1994Opinion rules that a lawyer may accept compensation from a potentially adverse insurance carrier for representing a minor in the court approval of ...
- Adopted: October 29, 1993Opinion rules that an attorney who has advised a client that he has been retained by the client's insurance company to represent him must reasonabl...
- Adopted: July 09, 1993Opinion discusses when an attorney who is a full-time employee of an insurance company may represent the insurance company, the insured, or others ...
- Adopted: April 16, 1993Opinion rules that a lawyer may not communicate with an adverse corporate party's house counsel, who appears in the case as a corporate manager, wi...
- Adopted: 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 represent the insured, her liability insurer and the same insurer relative to underinsured motorist coverage...
- Adopted: January 15, 1993Opinion rules that a lawyer for a party adverse to the government may freely communicate with government officials concerning the matter until noti...
- Adopted: October 23, 1992Opinion rules that an attorney's contingent fee in a case resolved by a structured settlement should, if paid in a lump sum, be calculated in terms...
- 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: April 17, 1992Opinion rules that deliberate release of settlement proceeds without satisfying conditions precedent is dishonest and unethical.
- Adopted: January 17, 1992Opinion rules that a lawyer may not pay a medical care provider from the proceeds of a settlement negotiated prior to the filing of suit over his c...
- 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 lawyer may represent parents and an independent guardian ad litem for their child concerning related tort claims under certain...
- Adopted: October 18, 1991Opinion rules that an attorney may acquiesce in a client's communication with an opposing party who is represented without the other attorney's con...
- 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: 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 an attorney may not condition settlement of a civil dispute on an agreement not to report lawyer misconduct.
- Adopted: January 12, 1990The responsibilities and limitations of the lawyer acting as trustee arise primarily from the lawyer's fiduciary relationship in serving as trustee...
- Adopted: October 20, 1989Opinion rules that a lawyer must obey the client's instruction not to pay medical providers from the proceeds of settlement in the absence of a val...
- 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 legal assistant may communicate and negotiate with a claims adjuster if directly supervised by the attorney for whom he or she...
- Adopted: July 14, 1989Opinion rules that attorney may represent the school board while serving as a county commissioner with certain restrictions.
- 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: July 15, 1988Opinion rules that an attorney may not communicate settlement demands directly to an insurance company which has employed counsel to represent its ...
- Adopted: July 15, 1988Opinion rules that attorney whose partner represented the adverse party prior to joining the firm is not disqualified unless the partner acquired c...
- Adopted: April 17, 1987Opinion rules that a lawyer may send a demand letter to the adverse party without identifying the client by name.
- Adopted: January 16, 1987Opinion rules that a lawyer employed by an insurer to represent an uninsured motorist must not withdraw after settlement until he obtains permissio...
- Adopted: October 24, 1986Opinion rules that attorney may interview person with an adverse interest who is unrepresented and make a demand or propose a settlement.
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- Adopted: January 17, 1986Opinion rules that a lawyer may charge a contingent fee to recover child support payments.
- 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: 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 ...
