Proposed Rule Amendments

Amendments Pending Supreme Court Approval

At its meeting on October 31, 2025, the council voted to adopt the following rule amendments for transmission to the North Carolina Supreme Court for its approval. (For the complete text of the rule amendments, see the Fall 2025 edition of the Journal or visit the State Bar website.)

Amendments to the Rules Governing the Admission to the Practice of Law in the State of North Carolina

27 N.C.A.C. 03, Section .0100, Rule .0101, .0301, .0404, .0501, .0503, .0504, .0901 through .0904, .1001 through .1003l and .1005

The proposed amendments (1) establish a new requirement that general and transfer applicants complete a North Carolina State-Specific Component Examination on Decedents’ Estates and Trusts, effective for applications filed on or after November 15, 2027, and May 1, 2028, respectively; (2) revise fee structures for general and supplemental applications beginning with the July 2028 bar examination; (3) formally recognize the NextGen UBE as part of the Uniform Bar Examination administered in North Carolina with the first administration of the NextGen UBE in North Carolina to occur in July 2028; (4) create a no-fee admission process for military spouse comity applicants, and clarify application requirements for servicemembers; (5) clarify filing and good standing definitions, including discretion to waive certain certification requirements related to bar dues; and (6) confirm that bar exam answers will not be regraded and provide updated procedures for score disclosure and exam review.

Proposed Amendments 

At its meeting on October 31, 2025, the council voted to publish for comment the following proposed rule amendments:

Amendments to the Rules Governing Discipline and Disability Rules

27 NCAC 01B, Section .0100, Discipline and Disability of Attorneys

The proposed amendments clarify existing exceptions to grievance confidentiality and specify that the State Bar may reveal the existence of a grievance investigation in connection with a petition for noncompliance suspension pursuant to 27 NCAC 1B .0135.

Rule .0133, Confidentiality

(a) Allegations of Misconduct or Alleged Disability - Except as otherwise provided in this rule and G.S. 84-28(f), all information, documentation, and proceedings involving allegations of misconduct by or alleged disability of a member an attorney will remain confidential until

(1) a complaint against a member an attorney has been filed with the secretary in the Disciplinary Hearing Commission after a finding by the Grievance Committee that there is probable cause to believe that the member is guilty of attorney engaged in misconduct justifying disciplinary action or is disabled;

(2) the member attorney requests that the matter be made public prior to the filing of a complaint;

(3) the investigation is predicated upon the attorney’s conviction of the member of or sentencing for a crime;

(4) a petition or action is filed in the general courts of justice;

(5) the member attorney files an affidavit of surrender of license; or

(6) an attorney member is transferred to disability inactive status pursuant to Rule .0122(a) or (b)(g). In such an instance, the order transferring the member attorney shall be public. Any other materials, including the medical evidence of disability supporting the order, shall be kept confidential unless and until the member attorney petitions for reinstatement pursuant to Rule .0122(c), unless otherwise provided otherwise in the order. order; or

(7) a petition for noncompliance suspension has been filed in the Disciplinary Hearing Commission pursuant to Rule .0135.

(b) Disciplinary Complaints Filed Upon Refusal of Grievance Committee Disposition Pursuant to Rule .0113(j)(4), .0113(l)(4) or .0113(m)(4) The State Bar may disclose that it filed a the complaint before the Disciplinary Hearing Commission pursuant to Rule .0113(j)(5) or .0113(l)(5) Rule .0113(j)(4), .0113(l)(4) or .0113(m)(4) upon the defendant’s refusal of a disciplinary disposition offered by the Grievance Committee:

(1) after the proceedings before the Disciplinary Hearing Commission have concluded; or

(2) while proceedings are pending before the Disciplinary Hearing Commission, in order to address

(c) Letter of Warning Warning; or Admonition - A letter of warning issued to an attorney within the preceding three years may be revealed in any subsequent disciplinary proceeding. The previous issuance of a letter of warning, formerly known as a letter of admonition, or an An admonition issued to a member an attorney may be revealed in any subsequent disciplinary proceeding.

(d) Attorney’s Response to a Grievance - This provision will not be construed to prohibit the North Carolina State Bar from providing a copy of an attorney’s response to a grievance to the complaining party where such when the attorney has not objected thereto in writing.

(e) Law Enforcement or Regulatory Agency - This provision will not be construed to prohibit the North Carolina State Bar from providing information or evidence to any law enforcement or regulatory agency.

(f) Chief Justice’s Commission on Professionalism - This provision will not be construed to prevent prohibit the North Carolina State Bar, with the approval of the chairperson of the Grievance Committee, from notifying the Chief Justice’s Commission on Professionalism of any allegation of alleged unprofessional conduct by any member an attorney.

(g) Lawyer Assistance Program - This provision will not be construed to prevent  prohibit the North Carolina State Bar from notifying the Lawyer Assistance Program of any circumstances that indicate a member an attorney may have a substance abuse use or mental health issue.

(h) Other Jurisdictions - This provision will not be construed to prohibit the North Carolina State Bar, with the approval of the chairperson of the Grievance Committee, from providing information concerning the existence of a letter of caution, letter of warning, or admonition to any agency that regulates the legal profession in any other jurisdiction so long as the inquiring jurisdiction maintains the same level of confidentiality respecting the information as does the North Carolina State Bar.

(i) National Discipline Data Bank - The secretary clerk of the Disciplinary Hearing Commission will transmit notice of all public discipline imposed and transfers to disability inactive status to the National Discipline Data Bank maintained by the American Bar Association.

(j) Client Security Fund Board of Trustees - The secretary may also transmit any relevant Counsel may provide information that is confidential under subsection (a)to the Client Security Fund Board of Trustees to assist the Client Security Fund Board in determining losses caused by dishonest conduct of members of the North Carolina State Bar.

Amendments to the Rules Governing the Board of Law Examiners and the Training of Law Students

27 NCAC 01C Section .0100, Board of Law Examiners

The proposed amendment to the rules governing admission to the NC State Bar modifies the acceptable education requirements to include other legal degrees if the applicant has also been licensed in another US jurisdiction.

Rule .0105, Approval of Law Schools

Every applicant for admission to the North Carolina State Bar must meet the requirements set out in at least one of the numbered paragraphs below:

(1) The applicant holds an LL.B or J.D. degree from a law school that was approved by the American Bar Association at the time the degree was conferred; or

(2) Prior to August 1995, the applicant received an LL.B., J.D., LL.M., or S.J.D. degree from a law school that was approved by the council of the N.C. State Bar at the time the degree was conferred;

(3) Prior to August 2005, the applicant received an LL.M or S.J.D. degree from a law school that was approved by the American Bar Association at the time the degree was conferred.

(4) The applicant holds a law degree (LL.B, J.D., LL.M, S.J.D., or other similar degree) that was deemed sufficient for licensure purposes in another state of the United States or the District of Columbia, successfully passed that jurisdiction’s bar examination, and was licensed in said jurisdiction.an LL.B. or J.D. degree from a law school that was approved for licensure purposes in another state of the United States or the District of Columbia and was licensed in such state or district.

Amendments to the Rules Governing Procedures for the Administrative Committee

27 NCAC 01D, Section .0900, Procedures for Administrative Committee

The proposed amendments allow time spent as the spouse of a military service member who is required to relocate outside North Carolina due to military orders to offset years of inactive or suspended status.

Rule .0902, Reinstatement from Inactive Status

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(B) A member may offset the inactive status period for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A) as follows:

(1) Active Licensure in Another State. Each year of active licensure in another state during the period of inactive status shall offset one year of inactive status for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A). If the member is not required to satisfy the requirements of paragraph (A) as a consequence of because of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (c)(4) for each year that the member was inactive up to a maximum of seven years.

(2) Military Service or Spouse of a Service Member. Each calendar year in which an inactive member served on full-time, active military duty, or the spouse of a military service member required to relocate outside of North Carolina due to military orders, whether for the entire calendar year or some portion thereof, shall offset one year of inactive status for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A). If the member is not required to satisfy the requirements of paragraph (A) as a consequence of because of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (c)(4) for each year that the member was inactive up to a maximum of seven years.

(3) Federal Court Judicial Service. Each calendar year in which an inactive member served in the federal judiciary, whether for the entire calendar year or some portion thereof, shall offset one year of inactive status for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A). Such service shall also satisfy the CLE requirements set forth in paragraph (c)(4) for each year, or portion thereof, that the member served as a federal judge.

(6) …

Rule .0904, Reinstatement from Suspension

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(B) A member may offset the suspended status period for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A) as follows:

(1) Active Licensure in Another State. Each year of active licensure in another state during the period of suspension shall offset one year of suspension for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A). If the member is not required to satisfy the requirements of paragraph (A) as a consequence of because of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (d)(3) for each year that the member was suspended up to a maximum of seven years.

(2) Military Service or Spouse of a Service Member. Each calendar year in which a suspended member served on full-time, active military duty, or the spouse of a military service member required to relocate outside of North Carolina due to military orders whether for the entire calendar year or some portion thereof, shall offset one year of suspension for the purpose of calculating the seven years necessary to actuate the requirements of paragraph (A). If the member is not required to satisfy the requirements of paragraph (A) as a consequence of because of offsetting, the member shall satisfy the CLE requirements set forth in paragraph (d)(3) for each year that the member was suspended up to a maximum of seven years.

(5) …

Amendments to the Rules Governing Professional Conduct

27 NCAC 02, Section .0100, Rules of Professional Conduct

The proposed amendments permit the North Carolina Department of Justice and public defender offices to resolve imputed conflicts of interest by timely screening the disqualified lawyer and providing written notice as described in the Rules.

Rule 1.10, Imputation of Conflicts of Interest: General Rule

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of the prohibited lawyer, including a prohibition under Rule 6.6, and the prohibition does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

(b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless:

(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and

(2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.

(c) When a lawyer becomes associated with a firm, no lawyer associated in the firm shall knowingly represent a person in a matter in which that lawyer is disqualified under Rule 1.9 unless:

(1) the personally disqualified lawyer is timely screened from any participation in the matter; and

(2) written notice is promptly given to any affected former client to enable it to ascertain compliance with the provisions of this Rule.

(d) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7.

(e) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule 1.11.

(f) The disqualification prescribed by paragraphs (a) and (b) when applied to members of the North Carolina Department of Justice may be resolved by following the screening and notice requirements as set out in paragraphs (c)(1) and (c)(2).

(g) Disqualification pursuant to Rule 1.9 as prescribed by paragraphs (a) and (b) when applied to members of a public defender’s office may be resolved by following the screening and notice requirements as set out in paragraphs (c)(1) and (c)(2).

Comment

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Principles of Imputed Disqualification

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[12] Lawyers working in a public defender’s office provide clients with constitutionally guaranteed representation. Similarly, lawyers working in the North Carolina Department of Justice provide government entities, agencies, and individuals with statutorily guaranteed representation. See, e.g., N.C. Gen. Stat. § 114-2. Historically, lawyers working in either of these offices have been considered part of a single “firm” for conflict analysis. See, e.g., 98 FEO 5. However, application of the imputed conflict rules set out in Rule 1.10 can create a limitation on the provision of constitutionally or statutorily guaranteed representation, thereby hindering the public’s or the government’s ability to avail itself to the legal representation provided by law. Considering the Rules of Professional Conduct are “rules of reason” (see Rule .02 Scope [1]; see also RPC 55), paragraphs (f) and (g) permit the North Carolina Department of Justice and public defender offices, respectively, to resolve certain imputed conflict issues by taking reasonable precautions to screen disqualified lawyers from participation in the representation giving rise to the conflict under this Rule and provide notice to the affected individual(s) as set out in paragraph (c). Paragraphs (f) and (g) only apply to the referenced agencies or offices and do not permit private law firms to avoid imputed disqualification under Rule 1.10 by employing screening measures other than as set out in paragraph (c).

[13] The chief public defender of any Public Defender Office is tasked with making reasonable efforts to ensure all assistant public defenders employed by the office conform their conduct to the Rules of Professional Conduct. See generally Rule 5.1. Accordingly, the chief public defender of a Public Defender Office should review and make the determination as to whether a public defender office can proceed with representation pursuant to this Rule.