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Your search for: “retainer agreement” returned 155 results
- Adopted: October 27, 2023Opinion rules that a lawyer may provide services to multiple clients simultaneously and explores various billing structures for overlapping services.
- 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: 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: 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 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: 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 receive virtual currency as a flat fee for legal services, provided the fee is not clearly excessive and the terms ...
- 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: October 26, 2018Opinion rules that, subject to certain conditions, a lawyer may participate in an online service for soliciting client reviews that collects and po...
- 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: 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: October 27, 2017Opinion rules that an agreement between law firms engaged in merger negotiations not to solicit or hire lawyers from the other firm for a relativel...
- 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: 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: 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: April 17, 2015Opinion rules that a lawyer may not offer a computer tablet to a prospective client in a direct mail solicitation letter.
- 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 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: April 25, 2014Opinion encourages government lawyers to engage in pro bono representation unless prohibited by law from doing so.
- 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: April 19, 2013Opinion examines a lawyer’s responsibilities when charging and collecting from a client for the expenses of representation.
- 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-mediator may not draft a business contract for pro se parties to mediation.
- 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: 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 must obtain client consent, confirmed in writing, before outsourcing its transcription and typing needs to a company lo...
- 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 lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential ...
- 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: January 21, 2011Opinion rules that a law firm may charge a client for the expenses associated with an out-of-office consultation so long as advertisements referenc...
- Adopted: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- 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 lawyer who consults with both parties to a dispute relative to the lawyer's prospective service as a mediator may not subseque...
- 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, 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 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 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 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 law firm may not continue to use a former member's surname in the law firm name if the member continues the practice of law wi...
- 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: 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: 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, when representation is terminated by a client, a lawyer who advances the cost of a deposition and transcript may not condition ...
- 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: October 20, 2006Opinion explores the circumstances under which a lawyer may obtain litigation funding from a financing company.
- 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 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 the compensation of a nonlawyer law firm employee who represents Social Security disability claimants before the Social Security...
- 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: 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 a Social Security lawyer may agree to compensate a nonlawyer/ claimant's representative for the prior representation of a claimant.
- 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 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, 2003Opinion rules that the lawyer for the plaintiff may not prepare the answer to a complaint for an unrepresented adverse party to file pro se.
- 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: 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: 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: 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: 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: April 27, 2001Opinion rules that, in a petition to a court for an award of an attorney's fee, a lawyer must disclose that the client paid a discounted hourly rat...
- 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 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: 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 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 provides guidelines for a lawyer representing a client with a civil claim that also constitutes a crime.
- Adopted: April 23, 1999Opinion rules that a defense lawyer may suggest that the records custodian of plaintiff's medical record deliver the medical record to the lawyer's...
- Adopted: January 15, 1999Opinion rules that a lawyer representing a minor owes the duty of confidentiality to the minor and may only disclose confidential information to th...
- 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: 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: 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: 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: 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 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 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...
- 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: January 24, 1997Opinion rules that it is prejudicial to the administration of justice for a prosecutor to threaten to use his discretion to schedule a criminal tri...
- Adopted: October 18, 1996Opinion rules that a lawyer may charge a client an hourly rate, or a flat rate, for his or her services plus a contingent fee on the client's recov...
- Adopted: October 18, 1996Opinion rules that a lawyer may not communicate with the judge before whom a proceeding is pending to request an ex parte order unless opposing cou...
- Adopted: October 18, 1996Opinion rules that a lawyer may not collect a contingent fee on the reimbursement paid to the client's medical insurance provider in addition to a ...
- 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: July 26, 1996Opinion rules that a lawyer who jointly represented a husband and wife in the preparation and execution of estate planning documents may not prepar...
- 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: 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 prior to rendering legal services to a client, a lawyer may not obtain a confession of judgment from a client to secure a fee.
- Adopted: April 14, 1995Opinion rules that a lawyer may receive a fee for referring a case to another lawyer provided that, by written agreement with the client, both lawy...
- 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 examines a lawyer's obligation to deliver the file to the client upon the termination of the representation when the lawyer represents mult...
- 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 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 may not seek to disqualify another lawyer from representing the opposing party by instructing a client to consult with ...
- 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 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 retained by an insurance carrier to defend an insured has no ethical obligation to represent the insured on a compul...
- 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 may seek to renegotiate a fee agreement with a client provided he does not abandon or threaten to abandon his client to...
- 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: 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 prosecutors and defense attorneys may negotiate plea agreements in which appellate and postconviction rights are waived, except ...
- 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 the prosecutor and the defense attorney must see that all material terms of a negotiated plea are disclosed in response to direc...
- 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: 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 18, 1991Opinion rules that lawyers may not hold themselves out as practicing in a partnership unless the lawyers are actually partners.
- 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: 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 a lawyer for the insured and the insurer may not enter voluntary dismissal of the insured's counterclaim without the insured's c...
- 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 concerns several situations in which an attorney who represents a criminal defendant wishes to interview other individuals who are represen...
- 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: 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 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 an attorney may disclose client confidences necessary to protect her reputation where a claim alleging malpractice is brought by...
- 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 outlines professional responsibilities of lawyers involved in a law firm dissolution.
- 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: 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 a lawyer generally may not charge a contingent fee to collect "med-pay."
- 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: 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 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 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 affiliate with a private referral service under certain conditions. (See Rule 7.2(e) of the Revised Rules for addit...
- 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: July 25, 1986Opinion rules that a lawyer may employ a collection agency to collect past due fees under certain circumstances.
- Adopted: January 17, 1986Opinion rules that a lawyer may charge a contingent fee to recover child support payments.
- 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...
