Proposed Rule Amendments

Amendments Pending Supreme Court Approval

At its meeting on July 25, 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 Summer 2025 edition of the Journal or visit the State Bar website.)

Amendments to the Rules Governing the Continuing Legal Education Program

27 N.C.A.C. 01D, Section .1500, Rule .1520, Requirements for Program Approval

The amendment to the CLE rules requires sponsors to submit approval applications for all online programs, including but not limited to on-demand programs. Lawyers would no longer be permitted to submit course applications for any online program.

Amendments to the Rules Governing the Discipline and Disability of Attorneys

27 N.C.A.C. 01B, Section .0100, Rule .0125, Notice to Complainant

27 N.C.A.C. 01B, Section .0100, Rule .0127, Imposition of Discipline; Findings of Incapacity or Disability; Notice to Courts

The amendments effectuate recommendations of the 2024 legislative committee to eliminate the process whereby grievance complainants are notified that a respondent lawyer received private written discipline or a private letter of warning or caution, as this notification allows complainants to publicize what is supposed to be a private outcome.

Amendments to the Rules Governing the Administration of the Client Security Fund of the North Carolina State Bar

27 N.C.A.C. 01D, Section .1400, Rules .1401, .1412, .1417, .1418, Rules Governing the Administration of the Client Security Fund of the North Carolina State Bar

The amendments (1) provide for the Client Security Fund (CSF) to receive funds maintained in attorney trust accounts that are frozen pursuant to an injunction and cannot be identified due to an attorney’s trust accounting deficiencies; (2) allow the Office of Counsel to seek court-ordered disbursement of such unidentified funds to CSF; (3) allow for the CSF to reimburse claimants who suffered a loss occasioned by an attorney’s mismanagement and/or mishandling of funds rather than through dishonesty; and (4) allow reimbursement of claims when an attorney takes an advance fee and fails to perform any meaningful legal services on behalf of the client.

Amendments to the Rules of Professional Conduct

27 N.C.A.C. 02, Section .0100, Rule 1.15-2, General Rules

The amendments remove reference to State Bar Trust Account Compliance Counsel, as that position was eliminated in the recent restructuring of the Trust Account Compliance Department.

Proposed Amendments

At its meeting on July 25, 2025, the council voted to publish for comment the following proposed rule amendments on behalf of the Board of Law Examiners:

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

27 N.C.A.C. 03

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 of 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.

Rule .0101, Definitions

For purposes of this Chapter, the following shall apply:

(1) “Chapter” or “Rules” refers to the “Rules Governing Admission to the Practice of Law in the State of North Carolina.”

(2) “Board” refers to the “Board of Law Examiners of the State of North Carolina.” A majority of the members of the Board shall constitute a quorum, and the action of a majority of a quorum, present and voting, shall constitute the action of the Board.

(3) “Executive Director” refers to the “Executive Director of the Board of Law Examiners of the State of North Carolina.”

(4) “File” or “filing” or “filed” shall mean received in the office of the Board of Law Examiners. Except that applications placed in the United States mail properly addressed to the Board of Law Examiners and bearing sufficient first-class postage and postmarked by the United States Postal Service or date-stamped by any recognized delivery service on or before a deadline date will be considered as having been timely filed if all required fees are included in the mailing. Mailings which are postmarked after a deadline or which, if postmarked on or before a deadline, do not include required fees or which include a check in payment of required fees which is dishonored because of insufficient funds will not be considered as filed. Applications which are not properly signed and notarized; or which do not include the properly executed Authorization and Release forms; or which are illegible; or with incomplete answers to questions will not be considered filed and will be returned.

(5) Any reference to a “state” shall mean one of the United States, and any reference to a “territory” shall mean a United States territory.

(6) “Panel” means one or more members of the Board specially designated to conduct hearings provided for in these Rules.

(7) “Uniform Bar Examination” (or “UBE”) means the bar examination prepared and coordinated by the National Conference of Bar Examiners that is uniformly administered by user jurisdictions and results in a portable score. This includes the NextGen UBE. To the extent that these rules refer to “bar examination,” “bar exam,” “examination,” and “exam,” those terms also refer to the UBE.

Rule .0301, Effective Date

These Revised Rules shall apply to all applications for admission to practice law in North Carolina submitted on or after June 30, 2018. Rule .0501(8) shall apply to all applications filed on or after November 15, 2027. Rule .0504(9) shall apply to all applications filed on or after May 1, 2028. All other rules shall become effective as provided by law.

Rule .0404,  Fees for General Applicants

(a) The application specified in .0402(a) shall be accompanied by a fee of eight hundred and fifty dollars ($850.00), if the applicant is not, and has not been, a licensed attorney in any other jurisdiction, or by a fee of one thousand six hundred fifty dollars ($1,650), if the applicant is or has been a licensed attorney in any other jurisdiction; provided that if the applicant is filing after the deadline set out in Rule .0403(a), but before the deadline set forth in Rule .0403(b), the application shall also be accompanied by a late fee of two hundred and fifty dollars ($250.00).

(b)  A Supplemental Application shall be accompanied by a fee of four hundred dollars ($400.00).

(c) Beginning with the July 2028 bar examination, the application specified in Rule .0402(a) shall be accompanied by a fee of one thousand and twenty-five dollars ($1,025) if the applicant is not, and has not been, a licensed attorney in any other jurisdiction, or by a fee of one thousand eight hundred and twenty-five dollars ($1,825) if the applicant is or has been a licensed attorney in any other jurisdiction; provided that if the applicant is filing after the deadline set out in Rule .0403(a), but before the deadline set forth in Rule .0403(b), the application shall also be accompanied by a late fee of two hundred and fifty dollars ($250.00).

(d) Beginning with the July 2028 bar examination, a Supplemental Application shall be accompanied by a fee of five hundred and seventy-five dollars ($575.00).

Rule .0501, Requirements for General Applicants

As a prerequisite to being licensed by the Board to practice law in the State of North Carolina, a general applicant shall:

(1) possess the qualifications of character and general fitness requisite for an attorney and counselor-at- law, and be of good moral character and entitled to the high regard and confidence of the public and have satisfied the requirements of Section .0600 of this Chapter at the time the license is issued;

(2) possess the legal educational qualifications as prescribed in Section .0700 of this Chapter;

(3) be at least 18 years of age;

(4) have filed formal application as a general applicant in accordance with Section .0400 of this Chapter;

(5) pass the written bar examination prescribed in Section .0900 of this Chapter, provided that an applicant who has failed to achieve licensure for any reason within three years after the date of the written bar examination in which the applicant received a passing score will be required to take and pass the examination again before being admitted as a general applicant;

(6) have taken and passed the Multistate Professional Responsibility Examination within the 24-month period next preceding the beginning day of the written bar examination which applicant passes as prescribed above, or shall take and pass the Multistate Professional Responsibility Examination within the 12-month period thereafter; the time limits are tolled for a period not exceeding four years for any applicant who is a service member servicemember as defined in the Service Members Servicemembers Civil Relief Act, 50 U.S.C. Appx. § 511, while engaged in active service as defined in 10 U.S.C. § 101, and who provides a letter or other communication from the service member’s servicemember’s commanding officer stating that the service member’s servicemember’s current military duty prevents attendance for the examination, stating that military leave is not authorized for the service member servicemember at the time of the letter, and stating when the service member servicemember would be authorized military leave to take the examination.

(7) if the applicant is or has been a licensed attorney, be in good standing in each state, territory of the United Sates, or the District of Columbia, in which the applicant is or has been licensed to practice law and not under any charges of misconduct while the application is pending before the Board.

(a) For purposes of this rule, an applicant is “in good standing” in a jurisdiction if:

(i) the applicant is an active member of the bar of the jurisdiction and the jurisdiction issues a certificate attesting to the applicant’s good standing therein; or

(ii) the applicant was formerly a member of the jurisdiction, and the jurisdiction certifies the applicant was in good standing at the time that the applicant ceased to be a member; and

(b) if the jurisdiction in which the applicant is inactive or was formerly a member will not certify the applicant’s good standing solely because of the non-payment of dues, the Board, in its discretion, may waive such certification from that jurisdiction.

(8) have successfully completed the North Carolina State-Specific Component covering Decedents’ Estates and Trusts, outlined below, within 12 months after the beginning day of the bar examination which applicant passes as prescribed above. The time limits are tolled for a period not exceeding 24 months for any applicant who is a servicemember as defined in the Servicemembers Civil Relief Act, 50 U.S.C. Appx. § 511, while engaged in active service as defined in 10 U.S.C. § 101, and who provides a letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents the servicemember from completing the State-Specific Component within the 12-month period after the beginning day of the written bar examination which applicant passes as prescribed above.

(a) Composition of the North Carolina State-Specific Component. The North Carolina State-Specific Component shall consist of a multiple-choice examination covering the subject area of Decedents’ Estates and Trusts.

(b) Administration of the North Carolina State-Specific Component. The North Carolina State-Specific Component shall be offered four times per year: February, May, July, and November.

(c) Deadlines and Fees. The deadlines and fees shall be as prescribed below.

(i) February and July administrations. The North Carolina State-Specific Component shall be administered with the February and July bar examinations. Applicants must apply by the deadlines provided in Rule .0403. There shall be no additional fee for the North Carolina State-Specific Component when taken at the February or July administration of the bar examination.

(ii) May administration. Applications for the May administration of the North Carolina State-Specific Component shall be filed with the Executive Director at the offices of the Board on or before the third Tuesday in April. The fee for the May administration of the North Carolina State-Specific Component shall be one hundred dollars ($100.00).

(iii) November administration. Applications for the November administration of the North Carolina State-Specific Component shall be filed with the Executive Director at the offices of the Board on or before the third Tuesday in October. The fee for the November administration of the North Carolina State-Specific Component shall be one hundred dollars ($100.00).

Rule .0503 Requirements for Relocated Servicemember and Military Spouse of Relocated Servicemember Comity Applicants

A servicemember or spouse of a servicemember who has a license to practice law in a State, or territory of the United States or the District of Columbia, and relocates residence because such servicemember receives military orders for military service in the State of North Carolina, A Military Spouse Comity Applicant, upon written application may, in the discretion of the Board, shall be granted a license to practice law in the State of North Carolina without written examination if the applicant satisfies the requirements listed below provided that:

(1) Requirements. The applicant must file an application, upon such forms as may be supplied by the Board. Such application shall require: The Applicant fulfills all of the requirements of Rule .0502, except that:

(a) That an applicant supplies full and complete information in regard to the applicant’s background, including family, past residences, education, military service, employment, credit status, whether the applicant has been a party to any discipline or legal proceedings, whether currently mentally or emotionally impaired, references, and the nature of the applicant’s practice of law. in lieu of the requirements of paragraph (3) of Rule .0502, a Military Spouse Comity Applicant shall certify that said applicant has read the Rules of Professional Conduct promulgated by the North Carolina State Bar and shall prove to the satisfaction of the Board that the Military Spouse Comity Applicant is duly licensed to practice law in a state, or territory of the United States, or the District of Columbia, and that the Military Spouse Comity Applicant has been for at least four out of the last eight years immediately preceding the filing of this application with the Executive Director, actively and substantially engaged in the practice of law. Practice of law for the purposes of this rule shall be defined as it would be defined for any other comity applicant; and

(b) That the applicant provides the following documentation: Paragraph (4) of Rule .0502 shall not apply to a Military Spouse Comity Applicant.

(i) Proof of military orders as defined in section (2)(b);

(ii) If the applicant is the spouse of a relocated servicemember, a copy of the marriage certificate;

(iii) A notarized affidavit affirming under penalty of law that: the applicant is the person described and identified in the application; all statements made in the application are true, correct, and complete; the applicant has read and understands the requirements to receive a license to practice law and the scope of practice of the State of North Carolina; the applicant certifies that the applicant meets and shall comply with the requirements to receive a license to practice law in the State of North Carolina; and the applicant is in good standing in all States in which the applicant holds or has held a license to practice law.

(iv) Certificates of Moral Character from four individuals who know the applicant;

(v) A recent photograph;

(vi) Two sets of clear fingerprints;

(vii) A certification of the Court of Last Resort from the jurisdiction from which the applicant is applying that: the applicant is currently licensed in the jurisdiction; the date of the applicant’s licensure in the jurisdiction; and the applicant was of good moral character when licensed by the jurisdiction;

(viii) Transcripts from the applicant’s undergraduate and graduate schools;

(ix) A copy of applications for admission to the practice of law that the applicant has filed with any state, territory, or the District of Columbia;

(x) A certificate from the proper court or body of every jurisdiction in which the applicant is licensed that the applicant is in good standing, and not under pending charges of misconduct. For purposes of this rule, an applicant is “in good standing” in a jurisdiction if: the applicant is an active member of the bar of the jurisdiction and the jurisdiction issues a certificate attesting to the applicant’s good standing therein; or the applicant was formerly a member of the bar of the jurisdiction and the jurisdiction certifies the applicant was in good standing at the time that the applicant ceased to be a member; and if the jurisdiction in which the applicant is inactive or was formerly a member will not certify the applicant’s good standing solely because of the non-payment of dues, the Board, in its discretion, may waive such certification from that jurisdiction; however, the applicant must not only be in good standing, but also must be an active member of each jurisdiction upon which the applicant relies for admission by comity.

(c) The applicant shall possess the qualifications of character and general fitness requisite for an attorney and counselor-at-law and satisfy the requirements of Section .0600 of this Chapter;

(d) The applicant must satisfy the educational requirements of Section .0700 of this Chapter.

(e) The applicant may not have failed the written North Carolina Bar Examination within five years prior to the date of filing the application;

(f)  The applicant must have passed the Multistate Professional Responsibility Examination; and

(g) The applicant must pay to the Board the application fee provided in section (3)(a) or (3)(b).

(2) Definitions. Military Spouse Comity Applicant Defined. A Military Spouse Comity Applicant is any person who is

(a) Servicemember. A servicemember, as defined in 50 U.S.C. § 3911(1), or a member of the North Carolina National Guard. An attorney at law duly admitted to practice in another state or territory of the United States, or the District of Columbia; and

(b) Military order. Official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to a servicemember’s current or future military service. In the case of a member of the North Carolina National Guard, this term includes an order from the Governor of North Carolina pursuant to Chapter 127A of the General Statutes. Identified by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) as the spouse of a service member of the United States Uniformed Services; and

(c) Is residing or intends within the next six months to be residing, in North Carolina due to the service member’s military orders for a permanent change of station to the State of North arolina.

(3) Application Fee. Procedure. In addition to the documentation required by paragraph (1) of Rule .0502, a Military Spouse Comity Applicant must file with the Board the following:

(a) For servicemembers, the application fee is one thousand five hundred dollars ($1,500). A copy of the service member’s military orders reflecting a permanent change of station to a military installation in North Carolina; and

(b) For spouses of servicemembers, there is no application fee. A military identification card which lists the Military Spouse Applicant as the spouse of the service member.

(4) Fee. No application fee will be required for Military Spouse Comity Applicants.

Rule .0504, Requirements for Transfer Applicants

As a prerequisite to being licensed by the Board to practice law in the State of North Carolina, a transfer applicant shall:

(1) possess the qualifications of character and general fitness requisite for an attorney and counselor-at- law, and be of good moral character and entitled to the high regard and confidence of the public and have satisfied the requirements of Section .0600 of this Chapter;

(2) possess the legal educational qualifications as prescribed in Section .0700 of this Chapter;

(3) be at least 18 years of age;

(4) have filed with the Executive Director, upon such forms as may be supplied by the Board, a typed application in duplicate, containing the same information and documentation required of general applicants under Rule .0402(a);

(5) have paid with the application an application fee of one thousand five hundred dollars ($1,500), if the applicant is licensed in any other jurisdiction, or one thousand two hundred seventy-five dollars ($1,275) if the applicant is not licensed in any other jurisdiction, no part of which may be refunded to an applicant whose application is denied or to an applicant who withdraws, unless the withdrawing applicant filed with the Board a written request to withdraw, in which event, the Board in its discretion may refund no more than one-half of the fee to the withdrawing applicant. However, when an application for admission by transfer is received from an applicant who, in the opinion of the Executive Director, after consultation with the Board Chair, is not eligible for consideration under the Rules, the applicant shall be so advised by written notice. Upon receipt of such notice, the applicant may elect in writing to withdraw the application, and provided the written election is received by the Board within 20 days from the date of the Board’s written notice to the applicant, receive a refund of all fees paid.

(6) have, within the three-year period preceding the filing date of the application, taken the Uniform Bar Examination and achieved a scaled score on such exam that is equal to or greater than the passing score established by the Board for the UBE as of the administration of the exam immediately preceding the filing date;. For purposes of this rule: “passing score” means the minimum passing score established by the Board for the UBE as of the administration date of the exam immediately preceding the application filing date; and, the three-year period preceding the filing date begins to run on the date the applicant sat for the Uniform Bar Examination.

(7) have passed the Multistate Professional Responsibility Examination.

(8) if the applicant is or has been a licensed attorney, be in good standing in each state, territory of the United Sates, or the District of Columbia, in which the applicant is or has been licensed to practice law and not under any charges of misconduct while the application is pending before the Board.

(a) For purposes of this rule, an applicant is “in good standing” in a jurisdiction if:

(i) the applicant is an active member of the bar of the jurisdiction and the jurisdiction issues a certificate attesting to the applicant’s good standing therein; or

(ii) the applicant was formerly a member of the jurisdiction, and the jurisdiction certifies the applicant was in good standing at the time that the applicant ceased to be a member; and

(b) if the jurisdiction in which the applicant is inactive or was formerly a member will not certify the applicant’s good standing solely because of the non-payment of dues, the Board, in its discretion, may waive such certification from that jurisdiction.

(9) have successfully completed the North Carolina State-Specific Component covering Decedents’ Estates and Trusts, outlined below, within 12 months after the filing of the application for admission to practice law in North Carolina by UBE Transfer. The time limits are tolled for a period not exceeding 24 months for any applicant who is a servicemember as defined in the Servicemembers Civil Relief Act, 50 U.S.C. Appx § 511, while engaged in active service as defined in 10 U.S.C. § 101, and who provides a letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents the servicemember from completing the State-Specific Component within the 12-month period after the filing of the application for admission to practice law in North Carolina by UBE Transfer.

(a) Composition of the North Carolina State-Specific Component. The North Carolina State-Specific Component shall consist of a multiple-choice examination covering the subject area of Decedents’ Estates and Trusts.

(b) Administration of the North Carolina State-Specific Component. The North Carolina State-Specific Component shall be offered four times per year: February, May, July, and November.

(c) Deadlines and Fees. The deadlines and fees shall be prescribed below.

(i) Deadlines for February and July administrations. The North Carolina State-Specific Component shall be administered with the February and July bar examinations. Applicants must apply by the deadlines provided in Rule .0403. There shall be no additional fee for the North Carolina State-Specific Component when taken at the February or July administration of the bar examination.

(ii) Deadline for May administration. Applications for the May administration of the North Carolina State-Specific Component shall be filed with the Executive Director at the offices of the Board on or before the third Tuesday in April. The fee for the May administration of the North Carolina State-Specific Component shall be one hundred dollars ($100.00).

(iii) Deadline for November administration. Applications for the November administration of the North Carolina State-Specific Component shall be filed with the Executive Director at the offices of the Board on or before the third Tuesday in October. The fee for the November administration of the North Carolina State-Specific Component shall be one hundred dollars ($100.00).

Rule .0901, Written Bar Examination

Two written bar examinations shall be held each year for general applicants.

Rule .0902, Dates

The written bar examinations shall be held in North Carolina in the months of February and July on the dates prescribed by the National Conference of Bar Examiners.

Rule .0903, Subject Matter

The examination shall be the Uniform Bar Examination (UBE) prepared by the National Conference of Bar Examiners and comprising six Multistate Essay Examination (MEE) questions, two Multistate Performance Test (MPT) items, and the Multistate Bar Examination (MBE). Applicants may be tested on any subject matter listed by the National Conference of Bar Examiners as areas of law to be tested on the UBE. Questions will be unlabeled and not necessarily limited to one subject matter.

Rule .0904, Grading and Scoring

Grading of the bar examination of the MEE and MPT answers shall be strictly anonymous. The MEE and MPT raw scores shall be combined and converted to the MBE scale to calculate written scaled scores according to the method used by the National Conference of Bar Examiners for jurisdictions that administer the UBE. The Board shall grade the UBE in accordance with grading procedures and standards set by the National Conference of Bar Examiners.

Rule .1001, Review

After release of the results of the written bar examination, a general applicant who has failed the written examination may, in the Board’s offices, review the MEE questions and MPT items on the written examination and the applicant’s answers thereto, along with selected answers by other applicants which the Board determines may be useful to unsuccessful applicants the applicant’s examination in accordance with the policies and procedures set by the National Conference of Bar Examiners. The Board will also furnish an unsuccessful applicant hard copies of any or all of these materials, upon payment of the reasonable cost of such copies, as determined by the Board. No copies of the MEE or MPT grading materials prepared by the National Conference of Bar Examiners will be shown or provided to the applicant unless authorized by the National Conference of Bar Examiners.

Rule .1002, Multistate Bar Examination Reserved for Future Use

There is no provision for review of the Multistate Bar Examination. Applicants may, however, request the National Conference of Bar Examiners to hand score their MBE answers.

Rule .1003, Release of Scores

(a)  The Board will not release UBE bar examinationscores to the public.

(b)  The Board will inform each applicant in writing of the applicant’s scaled score on the UBE bar examination. Scores will be shared with the applicant’s law school only with the applicant’s consent.

(c)  Upon written request of an unsuccessful applicant, the Board will furnish the following information about the applicant’s score to the applicant: the applicant’s raw scores on the MEE questions and MPT items; the applicant’s scaled combined MEE and MPT score; the applicant’s scaled MBE score; and the applicant’s scaled UBE score.

(d)  Upon written request of an applicant, the Board will furnish the Multistate Bar Examination score of said applicant to another jurisdiction’s board of bar examiners or like organization that administers the admission of attorneys for that jurisdiction.

Rule .1005, Re-Grading Regrading

Examination answers cannot will not be regraded. once UBE scores have been released.