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Your search for: “title company closing” returned 171 results
- Adopted: January 19, 2024Opinion rules that the intentional selection of another lawyer’s unique firm trade name in a keyword advertisement campaign is prohibited, but that...
- 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: 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: April 16, 2021Opinion addresses conflicts of interest, communication, funding issues, and accountings in contemporaneous closings for residential real property.
- Adopted: January 15, 2021Opinion discusses a lawyer’s professional responsibility to inform clients about relevant, potential fraudulent attempts to improperly acquire clie...
- Adopted: October 23, 2020Opinion rules that a lawyer may not invest in a fund that provides litigation financing if the lawyer’s practice accepts clients who obtain litigat...
- Adopted: April 26, 2019Opinion rules that a lawyer may not jointly represent clients and prepare a separation agreement.
- Adopted: July 27, 2018Opinion rules that the name of a lawyer who is under an active suspension must be removed from the firm name within a reasonable period of time.
- 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 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: April 21, 2015Opinion rules that a lawyer who represents the employer and its workers' compensation carrier must share the case evaluation, litigation plan, and ...
- 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: October 25, 2013Opinion rules that, with certain disclosures, a lawyer may participate in an online group legal advertising service that gives a participating lawy...
- Adopted: October 25, 2013Opinion provides guidance to lawyers who work for a public interest law organization that provides legal and non-legal services to its clientele an...
- Adopted: July 19, 2013Opinion examines the ethical duties of a lawyer representing both the buyer and the seller on the purchase of a foreclosure property and the lawyer...
- Adopted: July 19, 2013Opinion rules that a law firm may 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 a law firm may send a nonlawyer field representative to meet with a prospective client and obtain a representation contract if a...
- Adopted: July 19, 2013Opinion rules that a lawyer/trustee must explain his role in a foreclosure proceeding to any unrepresented party that is an unsophisticated consume...
- 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 law firm may use a leased time-shared office address or a post office address to satisfy the address disclosure requirement fo...
- 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: April 27, 2012Opinion rules that it is a violation of the Rules of Professional Conduct for a lawyer to select another lawyer's name as a keyword for use in an I...
- 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: 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 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, 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 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 lawyer may place an advertisement for employment in practice areas in which the lawyer does not have experience only if the la...
- Adopted: October 29, 2010Opinion rules that a lawyer participating in a real estate transaction may not in such transaction place his client’s title insurance in a title in...
- Adopted: October 29, 2010Opinion rules that whether a lawyer rendering a title opinion to a title insurer should tack to an owner’s policy of title insurance or a mortgagee...
- Adopted: 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: 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 prepare an affidavit and confession of judgment for an unrepresented adverse party provided the lawyer explains who...
- Adopted: October 23, 2009Opinion rules that it is not an ethical violation when a lawyer fails to attribute or obtain consent when incorporating into his own brief, contrac...
- 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 a closing lawyer who reasonably believes that a title company engaged in the unauthorized practice of law when preparing a deed must ...
- Adopted: January 23, 2009Opinion rules that a lawyer who represented the trustee or served as the trustee in a foreclosure proceeding at which the lender acquired the subje...
- Adopted: January 23, 2009Opinion rules a lawyer may assist a pro se litigant by drafting pleadings and giving advice without making an appearance in the proceeding and with...
- 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: April 25, 2008Opinion provides clarification of the technical requirements for targeted direct mail letters set forth in Rule 7.3(c) of the Rules of Professional...
- 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: July 13, 2007Withdrawn April 25, 2008.
- Adopted: April 20, 2007Opinion rules that a lawyer may use the title "doctor" but only in a post-secondary school academic setting.
- Adopted: October 20, 2006Opinion explores the circumstances under which a lawyer may obtain litigation funding from a financing company.
- Adopted: July 21, 2006Opinion rules thata lawyer may disburse against deposited items in reliance upon a bank's fundingschedule under certain circumstances.
- Adopted: April 21, 2006Opinion rules that a lawyer may only refer a client to a financing company if certain conditions are met.
- Adopted: January 20, 2006Opinion 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 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, 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: January 21, 2005Opinion rules that a lawyer may form a professional corporation for the practice of law and the professional corporation may enter into a law partn...
- Adopted: October 21, 2004Opinion rules that a trade name for a law firm that implies an affiliation with a financial planning company is misleading and prohibited.
- Adopted: October 21, 2004Opinion rules that an insurance defense lawyer may give the insured and the insurance carrier an evaluation of a pending case, including settlement...
- 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 lawyer may not prepare a power of attorney for the benefit of the principal at the request of another individual or third-part...
- Adopted: October 24, 2003Opinion rules that a lawyer may advertise that he is a member of an organization with a self-laudatory title, provided it is a legitimate, disinter...
- 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, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (N....
- Adopted: January 24, 2003Opinion rules that a nonlawyer assistant supervised by a lawyer may identify to the client who is a party to such a transaction the documents to be...
- Adopted: July 19, 2002Opinion rules that a lawyer for an estate may seek removal of the personal representative if the personal representative's breach of fiduciary duti...
- Adopted: October 19, 2001Opinion rules that competent practice requires the physical presence of the lawyer at a residential real estate closing conference.
- Adopted: October 19, 2001Opinion rules that competent legal representation of a borrower requires the presence of the lawyer at the closing of a residential real estate ref...
- Adopted: October 19, 2001Opinion rules that a closing lawyer may not counsel or assist a client to affix excess excise tax stamps on an instrument for registration with the...
- Adopted: April 27, 2001Opinion rules that a lawyer may settle a tort claim by making disbursements from a trust account in reliance upon the deposit of funds provisionall...
- Adopted: 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.
- 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 21, 2000Opinion rules that a government lawyer working on a fraud investigation may instruct an investigator to interview employees of the target organizat...
- 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: January 21, 2000Opinion rules that an insurance defense lawyer may not submit billing information to an independent audit company at the insurance carrier's reques...
- 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 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: July 23, 1999Opinion examines the ownership of a title insurance agency by lawyers in North and South Carolina as well as the supervision of an independent para...
- Adopted: April 23, 1999Opinion rules that, subject to a statute prohibiting the withholding of the information, a lawyer's duty to disclose confidential client informatio...
- Adopted: January 15, 1999Opinion rules that a lawyer may not comply with an insurance carrier's billing requirements and guidelines if they interfere with the lawyer's abil...
- 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: 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 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 examines the circumstances in which it is acceptable for the lawyer who regularly represents a real estate developer to represent the buyer...
- Adopted: January 16, 1998Opinion rules that a lawyer may interview an unrepresented former employee of an adverse represented organization about the subject of the represen...
- Adopted: July 18, 1997Opinion rules that a lawyer may use the services of a nonlawyer independent contractor to search a title provided the nonlawyer is properly supervi...
- Adopted: July 18, 1997Opinion rules that a former residential real estate client is not entitled to the lawyer's title notes or abstracts regardless of whether such info...
- Adopted: July 18, 1997Opinion rules that a lawyer in receipt of materials that appear on their face to be subject to the attorney-client privilege or otherwise confident...
- RPC 210 - Representation of Multiple Parties to the Closing of a Residential Real Estate TransactionAdopted: April 04, 1997Opinion examines the circumstances in which it is acceptable for a lawyer to represent the buyer, the seller, and the lender in the closing of a re...
- Adopted: April 04, 1997Opinion 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 send a letter describing his services to the incorporators of a new business provided the words "This is an adverti...
- 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: October 17, 1996Opinion concerns disbursements from a trust account in reliance upon the deposit of a mortgage company's check issued pursuant to an agreement with...
- Adopted: July 26, 1996Opinion rules that a lawyer representing a client on a good faith claim for social security disability benefits may withhold evidence of an adverse...
- Adopted: 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 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 make disbursements from his or her trust account in reliance upon the deposit of funds provisionally credited to th...
- Adopted: October 20, 1995Opinion rules that a lawyer should seek the court's permission to listen to a tape recording of a telephone conversation of his or her client made ...
- Adopted: October 20, 1995Opinion rules that a lawyer may communicate with a custodian of public records, pursuant to the North Carolina Public Records Act, for the purpose ...
- Adopted: January 13, 1995Opinion explores the circumstances under which a lawyer who is also a real estate salesperson may close real estate transactions brokered by the re...
- Adopted: January 13, 1995Opinion rules that a lawyer may close a real estate transaction brokered by the lawyer's spouse with the consent of the parties to the transaction.
- Adopted: 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: 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 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: 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: April 15, 1994Opinion rules that a legal fee for the collection of "med-pay" which is based upon the amount collected is unreasonable.
- Adopted: January 14, 1994Opinion rules that a lawyer is not required to provide a former client with copies of title notes and may charge a former client for copies of docu...
- Adopted: 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 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: January 15, 1993Opinion rules that an attorney may not represent the insured, her liability insurer and the same insurer relative to underinsured motorist coverage...
- Adopted: January 15, 1993Opinion holds that an attorney may not pay a percentage of fees to a paralegal as a bonus.
- Adopted: January 15, 1993Opinion rules that in cases of multiple representation a lawyer who has been discharged by one client must deliver to that client as part of that c...
- 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 for a party adverse to the government may freely communicate with government officials concerning the matter until noti...
- 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: July 17, 1992Opinion rules that a law firm may make its waste paper available for recycling.
- Adopted: April 17, 1992Opinion rules that deliberate release of settlement proceeds without satisfying conditions precedent is dishonest and unethical.
- Adopted: January 17, 1992Opinion rules that a lawyer may not represent parents as guardians ad litem for their injured child and as individuals concerning their related tor...
- Adopted: October 18, 1991Opinion rules that associate attorneys may be leased back to their firms.
- Adopted: October 18, 1991Opinion rules that an attorney employed by an insurer to defend in the name of the defendant pursuant to underinsured motorist coverage may not com...
- Adopted: July 12, 1991Opinion rules that a lawyer may disclose information concerning advice given to a client at a closing in regard to the significance of the client's...
- Adopted: July 12, 1991Opinion rules that attorneys may give legal advice and drafting assistance to persons wishing to proceed pro se without appearing as counsel of rec...
- Adopted: 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 may tack onto an existing title insurance policy.
- Adopted: April 12, 1991Opinion rules that the borrower's lawyer may render a legal opinion to the lender.
- 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: January 17, 1991Opinion rules that an attorney employed by the insurer to represent the insured and its own interests may not send the insurer a letter on behalf o...
- 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 the significance of an attorney's personal interest in property determines whether he or she has a conflict of interest sufficie...
- Adopted: January 12, 1990The responsibilities and limitations of the lawyer acting as trustee arise primarily from the lawyer's fiduciary relationship in serving as trustee...
- Adopted: October 20, 1989Opinion rules that a closing attorney cannot make conditional delivery of trust account checks to real estate agent before depositing loan proceeds...
- Adopted: October 20, 1989Opinion rules that a lawyer may agree to be on a list of attorneys approved to handle all of a lender's title work.
- 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 an attorney may disclose client confidences necessary to protect her reputation where a claim alleging malpractice is brought by...
- 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: April 14, 1989Opinion rules that a lawyer may represent a plaintiff against an insurance company's insured while defending other persons insured by the company i...
- Adopted: January 13, 1989Opinion rules that for the purposes of a real estate transaction, an attorney may, with proper notice to the borrower, represent only the lender, a...
- Adopted: January 13, 1989Opinion rules that attorneys that own stock in a real estate company may refer clients to the company if such would be in the client's best interes...
- Adopted: July 15, 1988Opinion rules that a closing attorney must follow the lender's closing instruction that closing documents be recorded prior to disbursement.
- Adopted: July 15, 1988Opinion rules that an attorney may not communicate settlement demands directly to an insurance company which has employed counsel to represent its ...
- 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 an attorney may not rely upon title information from a nonlawyer assistant without direct supervision by said attorney.
- Adopted: April 17, 1987Opinion rules that a lawyer may disclose information to the IRS concerning a real estate transaction which would otherwise be protected if required...
- Adopted: 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: January 16, 1987Opinion rules that a lawyer may not use an intermediary to solicit business clients, may not make "cold calls" upon prospective business clients an...
- 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 attorney may interview person with an adverse interest who is unrepresented and make a demand or propose a settlement.
- 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: July 25, 1986Opinion states that house counsel for a mortgage bank may not represent other lenders and borrowers while serving as house counsel.
- Adopted: April 18, 1986Opinion rules that lawyer may act as Trustee after having represented the seller.
- Adopted: July 11, 1984Inquiry: Attorney A, licensed and practicing in North Carolina, does a substantial amount of real estate practice. Recently, Attorney A has notice...
- Adopted: 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: January 18, 1980If a lawyer owns real property which he is selling or has a beneficial interest in a corporation, partnership or other entity which is selling real...
- Adopted: January 18, 1980Inquiry: Law firm does insurance defense work on a regular basis for certain insurance companies such that there is always at least one active file...
- 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: 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: April 15, 1977Attorneys may request lenders and title insurance companies to place them on approved lists.
- Adopted: April 15, 1977Inquiry: By CPR 17, issued in July, 1974, we called attention to G.S. 58-135.1 which became effective July 1, 1974, prohibiting lawyers and others ...
- Adopted: April 15, 1977Over a period of several years, a number of inquiries have been made to the Council centering around the role of the lawyer in the usual residentia...
- Adopted: 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: July 12, 1974Inquiry: A lawyer is guardian for an incompetent. In his capacity as guardian, he filed a special proceeding to obtain authority to sell a portion ...
