The following definitions are used throughout this website. You should refer back to these definitions if you do not understand a term used.
Admonition – a private written form of discipline reflecting that the lawyer committed a minor violation of the Rules of Professional Conduct.
Bar Counsel/Deputy Counsel – a State Bar staff lawyer who investigates alleged misconduct and/or prosecutes disciplinary charges.
Censure – a public written form of discipline more serious than a reprimand reflecting that the lawyer’s violation of the Rules of Professional Conduct caused significant harm or potential significant harm to a client, the administration of justice, the profession, or the public, but the misconduct does not require suspension of the lawyer’s license.
Complainant – the person who submitted a complaint against a lawyer.
Disbarment – Revocation of the lawyer's license which prohibits the lawyer from practicing law in North Carolina and holding him or herself out as a lawyer. Disbarment is permanent unless the lawyer successfully petitions for reinstatement. A disbarred lawyer may petition for reinstatement after five years, but will only be reinstated if s/he proves that s/he has reformed.
Disciplinary Hearing Commission (DHC) - the administrative tribunal where lawyer disciplinary cases are tried. The DHC is composed of 18 lawyers and 8 nonlawyers. Three members of the Commission are assigned to hear each case. Only the DHC or the courts can suspend or disbar a lawyer.
Grievance – a file containing the State Bar’s investigation into allegations of lawyer misconduct, often opened based on a complaint submitted by a client, member of the public, or another lawyer. Some complaints received by the State Bar, however, do not meet the legal requirements for opening a grievance file.
Letter of Caution – written communication stating that the lawyer's conduct, while not the basis for discipline, is unprofessional or not in accord with accepted professional practice. Letters of Caution are private unless issued by the DHC.
Letter of Warning – written communication stating that the lawyer's conduct, while not the basis for discipline, is an unintentional, minor, or technical violation of the Rules of Professional Conduct and may be the basis for discipline if continued or repeated. Letters of Warning are private unless issued by the DHC.
Malpractice – when a lawyer fails to exercise an accepted degree of professional learning or skill when rendering legal services to a client which results in injury or loss to the client. A claim of malpractice must be made in a court of law. A violation of the Rules of Professional Conduct is not malpractice, and an instance of malpractice standing alone is not a violation of the Rules.
Reprimand – a public written form of discipline more serious than an admonition reflecting that the lawyer’s violation of the Rules of Professional Conduct caused harm or potential harm to a client, the administration of justice, the profession, or a member of the public, but the misconduct does not require a censure.
Respondent – the lawyer against whom a complaint is made.
Rules of Professional Conduct – the rules of ethical conduct that all North Carolina lawyers must follow. The rules govern lawyers' ethical duties to clients, the courts, and the public.
Suspension – Temporary removal of the lawyer's license to practice law in North Carolina.
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