Thursday, February 6, 2025
Appointments
At its meeting on January 24, 2025, the council made the following appointments:
Lawyer Assistance Program (LAP) Board – The council appointed John “Jay” Vannoy Jr. and Christopher Budnick to three-year terms and reappointed Anthony Flanagan to a three-year term. The council appointed Takiya Lewis-Black as chair and Crawford Cleveland III, as vice-chair for a one-year term.
North Carolina State Bar Foundation – The council reappointed M. Keith Kapp to serve a four-year term.
Upcoming Appointments: Submit Your Interest Form
Anyone interested in being appointed to serve on any of the State Bar’s boards or commissions should visit go online to complete a “Boards and Commissions Interest Form”. The deadline for completion of the interest form is April 15, 2025. Your information will be included in the agenda materials for the quarterly meeting of the council in April 2025.
The council will make the following appointments at its April quarterly business meeting:
Disciplinary Hearing Commission (six appointments, three-year terms) – There are six appointments to be made by the State Bar Council. Four lawyer members are not eligible for reappointment; two are eligible for reappointment.
The Disciplinary Hearing Commission (DHC) is an independent adjudicatory body that hears all contested disciplinary cases. It is composed of 18 North Carolina lawyers and eight public members. The DHC sits in panels of three: two lawyers and one public member. In addition to disciplinary cases, the DHC hears cases involving contested allegations that a lawyer is not fit to practice and petitions from disbarred and suspended lawyers seeking reinstatement.
Inmate Grievance Resolution Board (four-year term; appointed by the governor) – The governor makes one appointment. The State Bar must submit five names to the governor for his consideration. There is no limit to the number of consecutive terms a member may serve.
The Inmate Grievance Resolution Board has jurisdiction over all appeals of inmate grievances filed through the Administrative Remedy Procedure established pursuant to Article 11A of Chapter 148 of the North Carolina General Statutes. Its responsibilities include review of the grievance procedure and other functions assigned by the governor.
Ethics Committee Actions
Ethics Opinion Adopted
2024 FEO 3, Fee Agreement Requiring Payment of Estate Planning Lawyer’s Future Legal Fees
The opinion states that an estate planning engagement agreement may require payment of legal fees for lawyer’s participation in collateral litigation related to the estate plan under certain conditions.
Ethics Opinion Withdrawn
2005 FEO 8, URL for Firm Website is Trade Name and Must Register with Bar
Ethics Opinion Published for Comment
Proposed 2025 FEO 1, Obligations Related to Notice When Lawyer Leaves a Firm
The proposed opinion sets out the requirements of the notice that must be sent to affected clients when a lawyer leaves a law firm.
The Ethics Committee welcomes comments on the proposed formal ethics opinions. Comments may be submitted by email.
Grievance Committee Actions
The Grievance Committee considered 343 files this quarter, 280 of which were dismissed (81.6%).
In addition, the committee authorized the following dispositions:
- Referral of five files (involving 4 lawyers) to the DHC
- Referral of seven lawyers to the Trust Accounting Compliance Program
- Referral of two lawyers to the Lawyer Assistance Program
- Dismissal of four files with Letters of Caution
- Dismissal of 13 files with Letters of Warning
- Admonitions in nine files
- Reprimand in four files
- Censure in five files
- Dismissal in three files
- Denial of reconsideration in one file
Rule Amendments
Amendments Adopted - Pending Supreme Court Approval
At its meeting on January 24, 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 Winter 2024 edition of the Journal or visit the State Bar website.)
Amendments to the Rules Governing Discipline
27 N.C.A.C. 1B, Section .0100, Rule .0113, Proceedings Before the Grievance Committee
27 N.C.A.C. 1B, Section .0100, Rule .0136, Expungement or Sealing of Discipline [New Rule]
27 N.C.A.C. 01B, Section .0100, Rule .0108, Chairperson of the Hearing Commission: Powers and Duties
The amendments to Rule .0113 and new Rule .0136 implement the provisions of Session Law 2024-25 (Senate Bill 790) that require the State Bar to produce certain records to a respondent; to provide an opportunity for a respondent to address the Grievance Committee; and to adopt a rule on expungement. The amendments to Rule .0108 empower the chair of the Disciplinary Hearing Commission to review vexatious complainant designations and to rule on requests to expunge or seal discipline.
Amendments to the Rules Governing the Continuing Legal Education Program
27 N.C.A.C. 01D, Section .1500, Rule .1523, Credit for Non-Traditional Programs and Activities
The amendment adds technology training and professional well-being programs to the types of programs that can be presented “in-house” by a person or organization not affiliated with the lawyers attending the program or their law firm.
Proposed Rule Amendments for Publication
At its meeting on January 24, 2025, the council voted to publish for comment the following proposed rule amendments:
Proposed Amendments to the Rules Governing the Election, Succession, and Duties of Officers
27 N.C.A.C. 01A, Section .0400, Rule .0404, Elections
The proposed rule amendment eliminates the requirement that elections for State Bar Council officers be held by secret ballot in conformance with G.S. 143-318.13(b), which states that “a public body may not vote by secret or written ballot.”
Proposed Amendments to the Rules Governing the Procedures for Fee Dispute Resolution
27 N.C.A.C. 01D, Section .0700, Rule .0706, Powers and Duties of the Vice-Chairperson
27 N.C.A.C. 01D, Section .0700, Rule .0707, Processing Requests for Fee Dispute Resolution
27 N.C.A.C. 01D, Section .0700, Rule .0708, Settlement Conference Procedure
The proposed rule amendments clarify procedural aspects of the fee dispute resolution process, allow staff to determine that a matter is not appropriate for the program due to characteristics that would require expenditure of disproportionate program resources, and reallocate certain decision-making authority, including allowing staff to determine that a matter has reached impasse without input from the councilor overseeing the fee dispute program.
The council welcomes your comments on these proposed rule amendments. Comments may be submitted by email or by mail to Peter Bolac, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611.
Filed Under: General News
