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- 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: 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: July 16, 2021Opinion discusses a lawyer’s professional responsibility to safeguard entrusted funds by identifying and avoiding purported transactions involving ...
- 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: 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 27, 2017Opinion rules that a lawyer representing an estate must maintain the checking account for the estate in accordance with Rule 1.15 consistent with t...
- 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 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 25, 2014Opinion analyzes the responsibilities of the partners and supervisory lawyers in a firm when another firm lawyer has a mental impairment.
- Adopted: January 24, 2014Opinion rules that a lawyer may disburse immediately against funds that are credited to the lawyer’s trust account by automated clearinghouse (ACH)...
- 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: 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 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, 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: 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: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- 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: 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 hire a nonlawyer independent contractor to organize and speak at educational seminars so long as the nonlawyer does...
- 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: April 20, 2007Opinion explains the duties of a lawyer who represents a local government and of a lawyer who is elected to the governing body of the local governm...
- Adopted: 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: July 21, 2006Opinion rules thata lawyer may disburse against deposited items in reliance upon a bank's fundingschedule under certain circumstances.
- Adopted: January 20, 2006Opinion addresses ethical concerns raised by an internet-based or virtual law practice and the provision of unbundled legal services.
- Adopted: January 20, 2006Opinion rules that 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 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: 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: April 23, 2004Opinion rules that a lawyer must deal honestly with the members of her former firm when dividing a legal fee.
- 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: 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: 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: 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: 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 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: 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: 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 absent a court order or law requiring delivery of physical evidence of a crime to the authorities, a lawyer for a criminal defen...
- Adopted: April 15, 1994Opinion rules that a sum of money paid to a lawyer in advance to secure payment of a fee which is yet to be earned and to which the lawyer is not e...
- Adopted: January 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 may not represent an estate in litigation against a claimant where the lawyer's testimony may be necessary to resolve t...
- 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: October 17, 1990Opinion rules that attorneys practicing in North Carolina who are affiliated with an interstate law firm may not permit trust funds belonging to th...
- 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: 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 closing attorney cannot make conditional delivery of trust account checks to real estate agent before depositing loan proceeds...
- Adopted: January 13, 1989Opinion rules that a lawyer may charge nonrefundable retainers that are reasonable in amount.
- 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: 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 24, 1987Opinion rules that a lawyer may represent clients in a medical malpractice action even though one of the potential defendants or a witness and agen...
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- 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: July 11, 1984Inquiry: Attorney A, licensed and practicing in North Carolina, does a substantial amount of real estate practice. Recently, Attorney A has notice...
