What the State Bar Does and Does Not Investigate

If you are considering submitting a complaint against a lawyer, it's important to know what types of conduct the State Bar does and does not investigate. The State Bar can only address violations of the North Carolina Rules of Professional Conduct, which are the ethical rules applicable to lawyers in North Carolina. 

Conduct the State Bar Will Investigate

Here are some examples of the kinds of conduct that the NC State Bar investigates:

• Your lawyer reveals confidential information without your permission

• Your lawyer misses important deadlines

• Your lawyer fails to tell you what is happening in your case

• Your lawyer won't turn over money s/he is holding for you

• Your lawyer represents someone whose interests conflict with yours

• Your lawyer engages in sexual misconduct

• A lawyer makes false statements or engages in other dishonesty

• A lawyer commits a crime

Conduct the State Bar Will NOT Investigate

Not every disagreement between a lawyer and a client involves a violation of the Rules of Professional Conduct. Some conduct by lawyers is outside the State Bar’s jurisdiction and some complaints about lawyers relate to legal disputes that must be decided by the courts. Here are some examples of matters the State Bar typically does not investigate:

• Complaints that a lawyer provided ineffective assistance of counsel in a criminal case, unless a court has entered an order granting the defendant relief due to ineffective assistance of counsel

• Complaints that a lawyer breached a contract or failed to pay a debt

• Complaints that a district attorney decided not to prosecute a particular individual

• Complaints that are more than six years old—with very few exceptions, grievances must be initiated within six years after the misconduct occurred

• Complaints against law firms or lawyers from other states