Synopsis of of the State Bar January 2026 Council Meeting

APPOINTMENTS

At its meeting on January 23, 2026, the council made the following appointments:

Lawyer Assistance Program (LAP) Board – The council reappointed Takiya Lewis Blalock, William Ingraham, and Paul Derrick to three-year terms. The council reappointed Takiya Lewis Blalock to serve a one-year term as chair and appointed Shelli Buckner to serve as vice-chair for a one-year term.

North Carolina State Bar Foundation – The Council reappointed Mark Merritt and John Silverstein 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 complete the “Boards and Commissions Interest Form.” The deadline for completion of the interest form is April 6, 2026. Your information will be included in the agenda materials for the quarterly meeting of the council in April 2026.

The council will make the following appointments at its April quarterly business meeting:

Disciplinary Hearing Commission (DHC) (two appointments, three-year terms; one appointment, partial term) – There are three appointments to be made by the State Bar Council. Three lawyer members are not 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 (one appointment, 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.

NC Legal Education Assistance Foundation (NCLEAF) (two appointments, one-year terms) - There are two appointments to be made by the State Bar Council. Two lawyer members are eligible for reappointment.

NCLEAF provides law school loan repayment to public interest lawyers (i.e., assistant district attorneys, public defenders, and non-profit lawyers) who qualify for assistance. The board is made up of 11 members.

RANDOM AUDITS

Lawyers selected for random audit are drawn from a randomized list of all active lawyers in the state. Based on the geographic plan for 2026, audits for the first quarter will be conducted in Chatham, Guilford, Johnston, Mecklenburg, Orange, Pitt, Union, Wake, Wilson, and Yancey Counties. Lawyers will be contacted by Trust Account Compliance Department staff over the next several weeks to schedule their audit. The first-quarter audit period ends April 10.

ETHICS COMMITTEE ACTION

Council Actions

Adoption of Proposed Amendment to Rule 1.10, Imputation of Conflicts of Interest: General Rule

The proposed amendments permit the North Carolina Department of Justice and public defender offices to resolve imputed conflicts of interest by timely screening the disqualified lawyer and providing written notice as described in the Rules.

Ethics Committee Actions

At its meeting on January 22, 2026, the Ethics Committee considered a total of seven inquiries, including the proposed amendment to Rule 1.10 referenced above. Three inquiries were sent to subcommittee for further study, including an inquiry concerning permissible administrative expense fees, an inquiry addressing attorney obligations in response to a data breach, and an inquiry exploring attorneys’ obligation to provide clients with electronic copies of documents.

The committee also published the following proposed formal ethics opinions for comment:

• Proposed 2025 FEO 3, Client Consent to Annual Rate Increase
• Proposed 2026 FEO 1, Real Estate Client Referral to Law Partner’s Business
• Proposed 2026 FEO 2, Non-Disparagement Clause in Fee Agreement or as a Condition of Fee Dispute Resolution

The Ethics Committee welcomes comments on the proposed formal ethics opinions. Comments may be submitted by email to comments@ncbar.gov.

GRIEVANCE COMMITTEE ACTION

The Grievance Committee considered 206 files this quarter, 158 of which were dismissed prior to the January meeting (77%).

In the 48 files considered at the January 22nd meeting, the committee authorized the following dispositions:

• Referral of 14 files (involving 5 lawyers) to the DHC
• Dismissal of 2 files with Letters of Caution
• Dismissal of 12 files with Letters of Warning
• Admonitions in 10 files
• Censure in 1 file
• Continuations in 4 files
• Dismissal in 5 files

RULE AMENDMENTS

Amendments Adopted - Pending Supreme Court Approval

At its meeting on January 23, 2026, 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 2025 edition of the Journal or visit the State Bar website.)

Amendments to the Rules of Professional Conduct

• 27 NCAC 02, Rule 1.10, Imputation of Conflicts of Interest

The proposed amendments permit the North Carolina Department of Justice and public defender offices to resolve imputed conflicts of interest by timely screening the disqualified lawyer and providing written notice as described in the Rules.

Amendments to the Rules Governing Discipline and Disability

• 27 NCAC 01B, Rule .0133, Confidentiality

The proposed amendments clarify existing exceptions to grievance confidentiality and specify that the State Bar may reveal the existence of a grievance investigation in connection with a petition for noncompliance suspension pursuant to 27 NCAC 1B .0135.

Amendments to the Rules Governing Discipline and Disability

• 27 NCAC 01C, Rule .0105, Approval of Law Schools

The proposed amendment to the rules governing admission to the NC State Bar modifies the acceptable education requirements to include other legal degrees if the applicant has also been licensed in another US jurisdiction.

Amendments to the Rules Governing Reinstatement

• 27 NCAC 01D, Rule .0902, Reinstatement from Inactive Status

The proposed amendments allow time spent as the spouse of a military service member who is required to relocate outside North Carolina due to military orders to offset years of inactive status.

Amendments to the Rules Governing Suspension

• 27 NCAC 01D, Rule .0904, Reinstatement from Suspension

The proposed amendments allow time spent as the spouse of a military service member who is required to relocate outside North Carolina due to military orders to offset years of suspended status.

Proposed Rule Amendments for Publication

At its meeting on January 23, 2026, the council voted to publish for comment the following proposed rule amendments:

Proposed Amendments to the Rules Governing Standing Committees of the Council

• 27 NCAC 01A, Rule .0701, Standing Committees and Boards

The proposed amendments combine the existing Issues and Access to Justice Committees — along with their respective, similar missions — into a single, standing committee of the State Bar Council.

Proposed Amendments to the Rules Governing Discipline and Disability

• 27 N.C.A.C. 01D, Section .0700, Rule .0706, Powers and Duties of the Vice-Chairperson

The proposed amendments clarify and streamline the reciprocal discipline process and incorporate reciprocity with officially recognized tribal courts.

The council welcomes your comments on these proposed rule amendments. Comments may be submitted by email to comments@ncbar.gov or by mail to Peter Bolac, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611.