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- Adopted: July 25, 2025Opinion affirms prohibition on lawyers participating in a settlement agreement that includes a limitation on a party’s or counsel’s ability to repo...
- Adopted: April 25, 2025Opinion sets out the requirements of the notice that must be sent to affected clients when a lawyer leaves a law firm.
- Adopted: November 01, 2024Opinion discusses a lawyer’s professional responsibility when using artificial intelligence in a law practice.
- Adopted: 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 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: 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: January 24, 2020Opinion rules that a lawyer may agree to an “attorney eyes only” disclosure restriction.
- 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: 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: 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 lawyer may not disclose financial information obtained during the representation of a former client to assist the sheriff with t...
- 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, when advancing claims on behalf of a criminal defendant who filed a pro se Motion for Appropriate Relief, subsequently appointe...
- 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: 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 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: July 25, 2014Opinion rules that, in a worker’s compensation case, when a client terminates representation, the subsequently hired lawyer may disclose the settle...
- Adopted: July 25, 2014Opinion analyzes the responsibilities of the partners and supervisory lawyers in a firm when another firm lawyer has a mental impairment.
- Adopted: April 25, 2014Opinion rules that a lawyer may not represent both the trustee and the secured creditor in a contested foreclosure proceeding.
- 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...
- 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: 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: April 27, 2012Opinion rules that a lawyer must obtain client consent, confirmed in writing, before outsourcing its transcription and typing needs to a company lo...
- Adopted: January 27, 2012Opinion rules that a law firm may use online banking to manage its trust accounts provided the firm’s managing lawyers are regularly educated on th...
- Adopted: July 15, 2011Opinion provides guidelines for the use of live chat support services on law firm websites.
- Adopted: April 22, 2011Opinion sets forth the factors to be taken into consideration when determining whether a former client’s delay in objecting to a conflict constitut...
- Adopted: April 22, 2011Opinion rules that a criminal defense lawyer may advise an undocumented alien that deportation may result in avoidance of a criminal conviction and...
- Adopted: July 23, 2010Opinion rules that a lawyer who consults with both parties to a dispute relative to the lawyer's prospective service as a mediator may not subseque...
- Adopted: July 23, 2010Opinion rules that a lawyer may undertake the representation of a debtor in a Chapter 13 bankruptcy, although the lender is lawyer's current client...
- 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 must use reasonable care to prevent the disclosure of confidential client information hidden in metadata when transmitt...
- 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, 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 a lawyer may assist a pro se litigant by drafting pleadings and giving advice without making an appearance in the proceeding and with...
- Adopted: January 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: July 18, 2008Opinion rules that client files may be stored on a website accessible by clients via the internet provided the confidentiality of all client inform...
- Adopted: July 18, 2008Opinion rules that a lawyer may 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 rules that lawyer representing an undocumented worker in a workers' compensation action has a duty to correct court documents containing fa...
- 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: October 19, 2007Opinion rules that a lawyer owes no ethical duty to the heirs of an estate that he represents in a wrongful death action except as set forth in Rul...
- Adopted: October 19, 2007Opinion rules that a lawyer may not take possession of a client's contraband if possession is itself a crime and, unless there is an exception allo...
- Adopted: 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: 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 under certain circumstances a lawyer may consider a dispute with a client over legal fees resolved and transfer funds from the t...
- Adopted: January 19, 2007Opinion rules that, when representation is terminated by a client, a lawyer who advances the cost of a deposition and transcript may not condition ...
- 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: 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 21, 2005Opinion rules that a solicitation letter to prospective members of a class action must contain the words "This is an advertisement for legal servic...
- 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: 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: July 16, 2004Opinion rules that a lawyer may ask questions of a deponent that were recommended by another lawyer, although the deponent is the defendant in the ...
- 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: 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: 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, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (...
- 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: 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: January 18, 2002Opinion prohibits a lawyer from entering into an employment agreement with a law firm that includes a provision reducing the amount of deferred com...
- 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 who was formerly in-house legal counsel for a corporation must obtain the permission of a court prior to disclosing con...
- Adopted: January 18, 2001Opinion rules that a lawyer may sign a statement acknowledging a finance company's interest in a client's recovery subject to certain conditions.
- 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: July 19, 2000Opinion rules that a lawyer with knowledge that a former client is defrauding a bankruptcy court may reveal the confidences of the former client to...
- Adopted: April 14, 2000Opinion rules that a lawyer may not participate in the presentation of a consent judgment to a court if the lawyer knows that the consent judgment ...
- 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 who represents the buyer in a real estate closing, and subsequently records the deed, may not withhold the funds for th...
- Adopted: October 22, 1999Opinion holds that a lawyer for an estate may not seek to have one co-executor removed if the co-executor was acting within his official capacity.
- 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: April 23, 1999Opinion provides guidelines for a lawyer representing a client with a civil claim that also constitutes a crime.
- 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: 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: 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 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 a lawyer may explain the effect of service of process to a client but may not advise a client to evade service of process.
- Adopted: 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: 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 not issue a subpoena containing misrepresentations as to the pendency of an action, the date or location of a heari...
- Adopted: January 24, 1997Opinion rules that although a lawyer asks a prospective client to sign a form stating that no client-lawyer relationship will be created by reason ...
- Adopted: 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: January 12, 1996Opinion rules that when a lawyer's reasonable attempts to locate a client are unsuccessful, the client's disappearance constitutes a constructive d...
- Adopted: January 11, 1996Withdrawn October 24, 1997 Editor's Note: This opinion was originally published as RPC 218 (Revised) and adopted on January 11, 1996. Following 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: 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 a lawyer may contact an opposing lawyer who failed to file an answer on time in order to remind the other lawyer of the error an...
- 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 dismissal of an action alone is not sufficient to rectify the perjury of a client in a deposition and the lawyer must demand tha...
- Adopted: January 13, 1995Opinion rules that in a letter to an unrepresented prospective defendant in a personal injury action, the plaintiff's lawyer may not give legal adv...
- Adopted: January 13, 1995Opinion rules that the attorney for the plaintiffs in a personal injury action arising out of a motor vehicle accident may interview the unrepresen...
- Adopted: January 13, 1995Opinion rules that a law firm may not charge a clearly excessive fee for legal representation even if the legal fee may be recovered from an opposi...
- 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: 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 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 an attorney may represent the insured, his liability insurer, and the same insurer relative to underinsured motorist coverage ca...
- Adopted: July 21, 1994Opinion rules that an attorney may not communicate with the opposing party's nonparty treating physician about the physician's treatment of the opp...
- 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: 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: 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: 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: July 17, 1992Opinion rules that a lawyer employed to represent a county in appellate matters may also sue the county's department of social services.
- Adopted: January 17, 1992Opinion rules that a lawyer may not agree to bear the costs of federal class action litigation.
- 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: 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 a lawyer and her client may agree to employ alternative dispute resolution procedures to resolve disputes between themselves.
- Adopted: January 18, 1991Opinion rules that an attorney serving on a hospital ethics committee is not automatically disqualified from representing interests adverse to the ...
- Adopted: January 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 17, 1991Opinion rules that an attorney representing both the insurer and the insured need not surrender to the insured copies of all correspondence concern...
- Adopted: October 17, 1990Opinion rules that counsel for a condominium association may represent the association against a unit owner.
- Adopted: October 17, 1990Opinion construes the term "professional relationship" and explores the circumstances under which solicitation of persons or organizations with who...
- Adopted: July 13, 1990Opinion concerns several situations in which an attorney who represents a criminal defendant wishes to interview other individuals who are represen...
- 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, 1990Opinion rules that a lawyer who advances the cost of obtaining medical records before deciding whether to accept a case may not condition the relea...
- 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 a lawyer may disclose confidential information to his or her liability insurer to defend against a claim but not for the sole pu...
- Adopted: July 14, 1989Opinion rules that a lawyer who served as a trustee may after foreclosure sue the former debtor on behalf of the purchaser.
- 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: April 14, 1989Opinion rules that a lawyer may represent an insurer and its insured as coplaintiffs in a declaratory judgment action.
- 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: 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 sue a municipality although his partner serves as a member of its governing body.
- Adopted: July 15, 1988Opinion rules that an attorney may represent a wife in a divorce proceeding against a husband whom the attorney previously represented in a custody...
- 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: 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: 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 employed by an insurer to represent an uninsured motorist must not withdraw after settlement until he obtains permissio...
- Adopted: October 24, 1986Opinion rules that a lawyer may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- Adopted: 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: July 15, 1981The attorney for the plaintiff in a domestic case may not make available to the defendant a form waiving the right to answer and other rights, nor ...
- Adopted: October 27, 1977Inquiry: Attorney A represents the husband-plaintiff in a simple, uncontested divorce action based on one year's separation. Defendant-wife accepts...
- Adopted: July 15, 1977Inquiry: Is it ethical for the attorney representing the plaintiff in a divorce action, with the plaintiff's consent, to: 1. Send to the defendant...
- 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...
