Rules, Procedure, Comments
All opinions of the Ethics Committee are predicated upon the North Carolina Rules of Professional Conduct. Any interested person or group may submit a written comment – including comments in support of or against the proposed opinion – or request to be heard concerning a proposed opinion. The Ethics Committee welcomes and encourages the submission of comments, and all comments are considered by the committee at the next quarterly meeting. Any comment or request should be directed to the Ethics Committee at ethicscomments@ncbar.gov no later than October 10, 2025.
Council Actions
At its meeting on July 25, 2025, the State Bar Council adopted the ethics opinion summarized below:
2025 Formal Ethics Opinion 2
Negotiating Licensure Reporting Capability During Mediation
Opinion affirms prohibition on lawyers participating in a settlement agreement that includes a limitation on a party’s or counsel’s ability to report misconduct to the North Carolina State Bar and rules a lawyer serving as a mediator may not assist with or participate in a mediated settlement agreement that includes such a term.
Ethics Committee Actions
At its meeting on July 24, 2025, the Ethics Committee considered a total of five inquiries, including the adopted opinion referenced above. Four inquiries were sent or returned to subcommittee for further study, including an inquiry exploring conflicts of interest for public defender offices, an inquiry addressing whether the Rules of Professional Conduct permit a real property lawyer to refer a client to a law partner’s title insurance business, and a new inquiry exploring the inclusion of non-disparagement clauses in initial fee agreements and fee dispute settlement agreements. Additionally, based on comments received during publication over the prior quarter, the committee sent proposed 2025 FEO 3 (Client Consent to Annual Rate Increase) back to subcommittee for further study.
