THE PROCESS AND YOUR COMMENTS
Proposed amendments to the Rules of the North Carolina State Bar are published for comment during the quarter after the council of the North Carolina State Bar approves their publication. The proposed amendments are published in the North Carolina State Bar's Journal and on this website. After publication for comment, the proposed rule amendments are considered for adoption by the council at its next quarterly meeting. If adopted, the rule amendments are submitted to the North Carolina Supreme Court for approval. Amendments become effective upon approval by the court. Unless otherwise noted, proposed additions to rules appear in in bold and underlined print, deletions are interlined. Proposed amendments to the Rules of Professional Conduct appear at the end of the page.
The State Bar welcomes your comments regarding proposed amendments to the rules. Please send your written comments by March 30 to Alice Neece Mine, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611, or ethicscomments@ncbar.gov.
Amendments Approved by the Supreme Court
On December 20, 2023, the North Carolina Supreme Court approved the following rule amendments. (For the complete text of the amendments, see the Fall and Winter 2023 editions of the Journal or visit the State Bar website: ncbar.gov.)
Amendments to the Discipline and Disability Rules
27 N.C.A.C. 1B, Section .0100, Discipline and Disability of Attorneys
Amendments to Discipline and Disability Rules .0105, .0106, and .0113 provide the procedural framework for grievance reviews for discipline issued to a respondent by the Grievance Committee. Statutory amendments enacted last year required the establishment of the review procedure.
Amendments to the CLE Rules and Regulations
27 N.C.A.C. 1D, Section .1500, Rules Governing the Administration of the Continuing Legal Education Program
The amendment to CLE Rule .1501 revises the definition of an “ethics program” and adds a new “Registered Sponsor” definition.
AMENDMENTS PENDING APPROVAL BY THE SUPREME COURT
At its meetings on July 22, 2023, October 27, 2023, and January 19, 2024, the North Carolina State Bar 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 Summer, Fall, and Winter 2023 editions of the Journal or visit the State Bar website: ncbar.gov.)
Proposed Amendments to the Duties of the Secretary
27 N.C.A.C. 1A, Section .0400, Election, Succession, and Duties of Officers
The proposed amendments permit the secretary of the State Bar to delegate ministerial tasks, such as the certification of copies of court records, to other State Bar employees.
Proposed Amendments to the Rules Governing the Authorized Practice Committee
27 N.C.A.C. 1D, Section .0200, Procedures for the Authorized Practice Committee
Proposed amendments to the rules governing the Authorized Practice Committee improve clarity and ensure that the rules reflect the current procedures of the committee.
Proposed Amendments to the Procedures for Fee Dispute Resolution
27 N.C.A.C. 1D, Section .0700, Procedures for Fee Dispute Resolution
The proposed amendments permit multiple methods for service of process of a letter of notice on a fee dispute respondent.
Proposed Amendments to the Rules Governing the Specialization Program
27 N.C.A.C. 1D, Section .3500, Certification Standards for the Employment Law Specialty
The proposed rules, which are all new, establish the standards for a new specialty in employment law.
Proposed Amendments to the Rules of Professional Conduct
27 N.C.A.C. 2, Section .0100, Client-Lawyer Relationship
The proposed amendments allow a lawyer to provide modest gifts to the client for basic living expenses if the lawyer is representing an indigent client pro bono, a court-appointed client, an indigent client pro bono through a non-profit legal services or public interest organization, or an indigent client pro bono through a law school clinic or pro bono program, subject to certain conditions. The proposed rule amendment were submitted to the Supreme Court on September 18, 2023. The Court has requested further information on the proposal.
