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Your search for: “retainer fee trust account” returned 225 results
- 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: January 24, 2025Opinion rules that estate planning engagement agreement may require payment of legal fees for lawyer’s participation in collateral litigation relat...
- Adopted: November 01, 2024Opinion discusses a lawyer’s professional responsibility when using artificial intelligence in a law practice.
- Adopted: July 19, 2024Opinion provides that a lawyer may allow a third-party business to install a self-service kiosk in the lawyer’s office for the provision of ignitio...
- Adopted: October 27, 2023Opinion rules that a lawyer may provide services to multiple clients simultaneously and explores various billing structures for overlapping services.
- 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: 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 addresses a law firm’s ethical responsibilities as to a departing lawyer’s email account.
- 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: 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 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: 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 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: 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: 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: 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 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: 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: 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 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: 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: April 25, 2014Opinion encourages government lawyers to engage in pro bono representation unless prohibited by law from doing so.
- 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: October 25, 2013Opinion rules that, with certain disclosures, a lawyer may participate in an online group legal advertising service that gives a participating lawy...
- 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 law firm may not share a fee from a tax appeal with a nonlawyer tax representative unless such nonlawyer representatives are l...
- 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: 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 lawyer/trustee must explain his role in a foreclosure proceeding to any unrepresented party that is an unsophisticated consume...
- 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 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 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: October 26, 2012Opinion rules that a lawyer representing an employer must evaluate whether email messages an employee sent to and received from the employee’s lawy...
- 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: 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: 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, 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: July 15, 2011Opinion rules that a lawyer may not represent the beneficiary of the deed of trust in a contested foreclosure if the lawyer’s spouse and paralegal ...
- 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: January 21, 2011Opinion rules that a lawyer may receive a fee or commission in exchange for providing financial services and products to a legal client so long as ...
- 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 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: January 21, 2011Opinion provides guidelines for a lawyer for a party to a partition proceeding and rules that the lawyer may subsequently serve as a commissioner f...
- Adopted: October 29, 2010Opinion provides guidelines for participation in a barter exchange.
- 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 a lawyer retained by an insurance carrier to represent an insured whose whereabouts are unknown and with whom the lawyer has no ...
- 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: October 23, 2009Opinion describes reasonable procedures for a computer-based conflicts checking system.
- 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: 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 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: 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, to insure honest billing predicated on hourly charges, the lawyer must establish a reasonable hourly rate for his services and ...
- 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: April 20, 2007Opinion rules that when a lawyer charges a fee for a consultation, and the lawyer accepts payment, there is a client-lawyer relationship for the pu...
- 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 a lawyer may charge a reasonable dormancy fee against unclaimed funds if the client agrees in advance and the fee meets other st...
- 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: October 20, 2006Opinion explores the circumstances under which a lawyer may obtain litigation funding from a financing company.
- Adopted: October 20, 2006Opinion rules that a lawyer may be a member of a for-profit networking organization provided the lawyer does not distribute business cards and is n...
- 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 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: April 21, 2006Opinion rules that a lawyer may only refer a client to a financing company if certain conditions are met.
- 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 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: January 20, 2006Opinion explores a lawyer's obligation to return legal fees when a third party is the payor.
- 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 URL for a law firm website is a trade name that must register with the North Carolina State Bar and meet the requirements of...
- 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: October 21, 2005Opinion rules that an attorney may recommend that a prospective client use a computer in the attorney's office and the services of an Internet-base...
- 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: 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: April 23, 2004Opinion rules that a lawyer must deal honestly with the members of her former firm when dividing a legal fee.
- Adopted: April 23, 2004Opinion rules that a lawyer may represent both the lender and the trustee on a deed of trust in a dispute with the borrower if the conditions on co...
- Adopted: April 23, 2004Opinion rules that a lawyer may participate in an on-line service that is similar to both a lawyer referral service and a legal directory provided ...
- 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: 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 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: 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, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (...
- 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: 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: January 18, 2002Opinion rules that retaining a CD-ROM with digital images of trust account checks that is provided by the depository bank satisfies record-keeping ...
- 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: 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: 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: 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: 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: April 27, 2001Opinion rules that there is no prohibition on a law firm entering into a contract with a management firm to administer the firm provided the lawyer...
- 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 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 acting as a notary must follow the law when acknowledging a signature on a document.
- 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...
- 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 a lawyer may respond to an inquiry posted on a web page message board provided there are certain disclosures.
- Adopted: July 19, 2000Opinion rules that a lawyer may not charge the client a legal fee for the time required to participate in the State Bar's fee dispute resolution pr...
- 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: 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: January 15, 1999Opinion rules that whether the year 2000 computer problem is being adequately addressed by a depository bank should be considered when selecting a ...
- 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: 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: April 16, 1998Opinion rules that a law firm may employ a disbarred lawyer as a paralegal provided the firm accepts no new clients who were clients of the disbarr...
- Adopted: April 16, 1998Opinion rules that a lawyer may not participate in a closing or sign a preliminary title opinion if, after reasonable inquiry, the lawyer believes ...
- Adopted: April 16, 1998Opinion rules that the requirements set forth in Rule 1.17 relative to the sale of a law practice to a lawyer who is a stranger to the firm do not ...
- 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: April 04, 1997Opinion provides guidelines for receipt of payment of earned and unearned fees by electronic transfers.
- 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: January 24, 1997Opinion rules that a lawyer may participate in a directory of lawyers on the Internet if the information about the lawyer in the directory is truth...
- 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: 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 collect a contingent fee on the reimbursement paid to the client's medical insurance provider in addition to a ...
- Adopted: October 18, 1996Opinion rules that a lawyer is subject to the Rules of Professional Conduct with respect to the provision of a law related service, such as financi...
- 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 who jointly represented a husband and wife in the preparation and execution of estate planning documents may not prepar...
- 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 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 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 a lawyer may receive a fee for referring a case to another lawyer provided that, by written agreement with the client, both lawy...
- 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: 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: 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 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 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: 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 seek to disqualify another lawyer from representing the opposing party by instructing a client to consult with ...
- 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 a legal fee for the collection of "med-pay" which is based upon the amount collected is unreasonable.
- 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 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 may charge a contingent fee to collect delinquent child support.
- 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: 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 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: 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 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 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 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: April 17, 1992Opinion rules that deliberate release of settlement proceeds without satisfying conditions precedent is dishonest and unethical.
- 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: October 18, 1991Opinion rules that a lawyer may sponsor truthful legal information which is provided by telephone to members of the public.
- Adopted: July 12, 1991Opinion discusses circumstances under which a refund of a prepaid fee is required.
- 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: 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: 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: 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 rules that a private lawyer referral service must have more than one participating lawyer and that all participants must share in the cost ...
- Adopted: April 13, 1990Opinion discusses disbursement against uncollected funds, accounting for earnest money paid outside closing and representation of the seller.
- 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: 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: 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: 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, among other things, that an attorney may not accept legal employment by a Prepaid Legal Service Plan owned by the attorney's wife or...
- 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 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 serving as an escrow agent may not disburse in a manner not contemplated by the escrow agreement unless all parties ...
- 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 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 describes circumstances under which a lawyer who has been appointed to represent an indigent person may accept payment directly from the cl...
- Adopted: January 13, 1989Opinion rules that a lawyer may sue a municipality although his partner serves as a member of its governing body.
- 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: 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: 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: 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 lawyer may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- 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: October 24, 1986Opinion rules that when married lawyers are employed in different firms and those firms represent adverse parties, neither firm is disqualified.
- 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: 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: January 17, 1986Opinion rules that a lawyer may charge a contingent fee to recover child support payments.
- Adopted: January 17, 1986Opinion rules that a lawyer may not employ a bail-bondsman as regular part-time investigator.
- 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: October 14, 1981Inquiry: B Company executed a note secured by deed of trust to T for S & L, a savings and loan association. T was and is executive vice presid...
- Adopted: July 15, 1981Attorney A represents H, who is divorced from W. Prior to the divorce in which Attorney A represented H, H and W had obtained a loan from Bank B. T...
- Adopted: July 13, 1979Inquiry: Attorney A is a licensed practicing attorney in North Carolina. Attorney A is also an insurance salesman for a reputable insurance company...
- Adopted: April 13, 1979Inquiry: Lawyer A is a trustee in a deed of trust and institutes foreclosure proceedings. At the time he institutes the proceedings, they do not ap...
- Adopted: October 19, 1978Inquiry: An attorney regularly certifies title to a lender in connection with loans which the attorney closes for the lender and which are secured...
- 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: 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, 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: 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: 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...
