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- Adopted: November 01, 2024Opinion discusses a lawyer’s professional responsibility when using artificial intelligence in a law practice.
- Adopted: April 21, 2023Opinion clarifies a lawyer’s professional responsibility when closing and/or selling a law practice and when handling aged client files.
- Adopted: October 21, 2022Opinion rules that a lawyer may call as an expert witness a public adjuster who will collect a statutorily authorized contingency fee paid by the c...
- Adopted: 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: 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 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 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 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: April 21, 2017Opinion rules that lawyers may advertise through a text message service that allows the user to initiate live telephone communication.
- 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: October 23, 2015Opinion rules that the business relationships with health care professionals created by a lawyer previously employed as a health care consultant co...
- 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: April 17, 2015Opinion rules that a lawyer may not offer a computer tablet to a prospective client in a direct mail solicitation letter.
- 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: 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...
- 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: 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 the partners and managerial lawyers remaining in a firm are responsible for the safekeeping and proper disposition of both the a...
- Adopted: April 19, 2013Opinion examines a lawyer’s responsibilities when charging and collecting from a client for the expenses of representation.
- 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: April 27, 2012Opinion rules that a lawyer may not agree to procure title insurance exclusively from a particular title insurance agency on every transaction refe...
- Adopted: January 27, 2012Opinion rules that a law firm may use online banking to manage its trust accounts provided the firm’s managing lawyers are regularly educated on th...
- Adopted: October 21, 2011Opinion rules that a lawyer may advertise on a website that offers daily discounts to consumers where the website company’s compensation is a perce...
- 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 provides guidelines for the use of live chat support services on law firm websites.
- Adopted: April 22, 2011Opinion rules that a criminal defense lawyer may advise an undocumented alien that deportation may result in avoidance of a criminal conviction and...
- Adopted: 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: October 29, 2010Opinion rules that whether a lawyer rendering a title opinion to a title insurer should tack to an owner’s policy of title insurance or a mortgagee...
- Adopted: October 29, 2010Opinion provides guidelines for participation in a barter exchange.
- Adopted: July 23, 2010Opinion rules that a dramatization disclaimer is not required when using a stock photograph in an advertisement so long as, in the context of the a...
- 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: 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 that a law firm may establish a credit card account that avoids commingling by depositing unearned fees into the law firm's trust acc...
- 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, 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 surveys prior ethics opinions on legal fees, sets forth the ethical requirements for the different types of fees paid in advance, authorize...
- Adopted: October 24, 2008Opinion rules that a provision in a law firm employment agreement for dividing legal fees received after a lawyer's departure from a firm must be r...
- Adopted: July 18, 2008Opinion rules that client files may be stored on a website accessible by clients via the internet provided the confidentiality of all client inform...
- 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: 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, 2006Inquiry: May a person who is not a lawyer appear before planning boards, boards of adjustment, or other governmental bodies conducting quasi-judici...
- 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, outside of the commercial or business context, a lawyer may not, at the request of a third party, prepare documents, such as a ...
- Adopted: July 21, 2006Opinion rules that a lawyer may not participate in a prepaid legal services plan unless all the conditions for participation are met and participat...
- Adopted: July 21, 2006Opinion rules that if the lawyer concludes that pursuit of a lawsuit filed against a defendant is frivolous, but the GAL for the minor client insis...
- Adopted: April 21, 2006Opinion rules that the county tax attorney may not bid at a tax foreclosure sale of real property.
- Adopted: 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: 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 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 explores a lawyer's obligation to return legal fees when a third party is the payor.
- 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: October 21, 2004Opinion rules that unless the lawyer invariably makes the repayment of costs advanced contingent upon the outcome of each matter, an advertisement ...
- 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: 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 an attorney may file a time-barred claim on behalf of a client, even when the defendant is unavailable and can only be served by...
- Adopted: January 16, 2004Opinion rules that 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 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: 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: October 19, 2001Opinion rules that competent practice requires the physical presence of the lawyer at a residential real estate closing conference.
- 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: October 19, 2001Opinion prohibits a lawyer from advancing the cost of a rental car to a client even though the car will be used, on occasion, to transport the clie...
- Adopted: October 19, 2001Opinion rules that a closing lawyer may not counsel or assist a client to affix excess excise tax stamps on an instrument for registration with the...
- Adopted: 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 acting as a notary must follow the law when acknowledging a signature on a document.
- 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 who was formerly in-house legal counsel for a corporation must obtain the permission of a court prior to disclosing con...
- 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 lawyer may not tell a client that any fee paid prior to the rendition of legal services is "nonrefundable" although, by agreem...
- 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: July 23, 1999Opinion rules that whether the lawyer for a residential real estate closing must obtain the cancellation of record of a prior deed of trust depends...
- Adopted: July 23, 1999Opinion examines the ownership of a title insurance agency by lawyers in North and South Carolina as well as the supervision of an independent para...
- 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 participate in the solicitation of funds from third parties to pay the legal fees of a client provided there is dis...
- Adopted: July 16, 1998Opinion rules that the fiduciary relationship that arises when a lawyer serves as an escrow agent demands that the lawyer be impartial to both the ...
- Adopted: April 17, 1998Opinion provides that flat fees may be collected at the beginning of a representation, treated as presently owed to the lawyer, and deposited into ...
- Adopted: 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, 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, after a corporation files a Chapter 7 bankruptcy petition and at the request of the bankruptcy trustee, a lawyer who previously...
- 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: 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...
- 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 provides guidelines for receipt of payment of earned and unearned fees by electronic transfers.
- 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 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 a defendant in an action to abate the nuisance of a fence even though his paralegal may be called as a wi...
- Adopted: July 21, 1995Opinion rules that it is prejudicial to the administration of justice for a prosecutor to offer special treatment to individuals charged with traff...
- Adopted: 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: January 13, 1995Opinion explores the circumstances under which a lawyer who is also a real estate salesperson may close real estate transactions brokered by the re...
- Adopted: January 13, 1995Opinion rules that a lawyer may close a real estate transaction brokered by the lawyer's spouse with the consent of the parties to the transaction.
- Adopted: October 21, 1994Opinion rules that the members of a district attorney's staff may not give legal advice about pleas to lesser included infractions to an unrepresen...
- Adopted: October 21, 1994Opinion rules that a lawyer may not acquire a proprietary interest in the subject matter of domestic litigation by obtaining a client's authorizati...
- Adopted: 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: 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: 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 a sum of money paid to a lawyer in advance to secure payment of a fee which is yet to be earned and to which the lawyer is not e...
- Adopted: April 15, 1994Opinion rules that an attorney may seek the appointment of an independent guardian ad litem for a child whose guardian has an obvious conflict of i...
- Adopted: January 14, 1994Opinion rules that a lawyer is not required to provide a former client with copies of title notes and may charge a former client for copies of docu...
- Adopted: October 29, 1993Opinion rules that a lawyer who represents or has represented a member of the city council may represent another client before the council.
- 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: January 15, 1993Opinion holds that an attorney may not pay a percentage of fees to a paralegal as a bonus.
- Adopted: January 15, 1993Opinion rules that an attorney may not donate a client's funds to a charity without the client's consent.
- Adopted: January 15, 1993Opinion rules that 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 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 rules that a lawyer who formerly represented an estate may not subsequently defend the former personal representative against a claim broug...
- 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: 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 may tack onto an existing title insurance policy.
- 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: 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 discusses disbursement against uncollected funds, accounting for earnest money paid outside closing and representation of the seller.
- Adopted: January 12, 1990Opinion rules that a lawyer may not lend money to a client who is represented in pending or contemplated litigation except to finance costs of liti...
- 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, 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 closing attorney cannot make conditional delivery of trust account checks to real estate agent before depositing loan proceeds...
- Adopted: October 20, 1989Opinion rules that a lawyer may not pay his or her fee or the fee of a physician from funds held in trust for a client without the client's authority.
- 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: 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 for the purposes of a real estate transaction, an attorney may, with proper notice to the borrower, represent only the lender, a...
- 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 where a lawyer receives a lump sum payment in advance which is inclusive of the costs of litigation, the portion representing th...
- Adopted: January 13, 1989Opinion rules that a lawyer may charge nonrefundable retainers that are reasonable in amount.
- 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 28, 1988Opinion rules that an attorney who receives from his or her client a small sum of money which is to be used to pay the cost of recording a deed mus...
- Adopted: July 15, 1988Opinion rules that a closing attorney must follow the lender's closing instruction that closing documents be recorded prior to disbursement.
- Adopted: April 15, 1988Opinion rules that a law firm which has received money representing the refund of an appeal bond to a client owing substantial fees to the firm may...
- Adopted: January 15, 1988Opinion rules that a lawyer generally may not charge a contingent fee to collect "med-pay."
- 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 an attorney may not rely upon title information from a nonlawyer assistant without direct supervision by said attorney.
- Adopted: April 17, 1987Opinion rules that a lawyer may disclose information to the IRS concerning a real estate transaction which would otherwise be protected if required...
- 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 may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- 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: April 18, 1986Opinion rules that money belonging to an incarcerated client may be handled by the Public Defender as a favor and must be deposited into a trust ac...
- Adopted: April 18, 1986Opinion rules that lawyer may act as Trustee after having represented the seller.
- Adopted: July 11, 1984Inquiry: Attorney A, licensed and practicing in North Carolina, does a substantial amount of real estate practice. Recently, Attorney A has notice...
- 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: 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...
- 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: October 21, 1976Inquiry: A lawyer is trustee in a deed of trust conveying real estate as security for a loan made to a borrower by bank. The bank advises the trust...
- 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 ...
