FAQs

Admission to the North Carolina State Bar is the responsibility of the North Carolina Board of Law Examiners. An application and information about admission may be obtained by calling the board at (919) 848-4229 or writing to the board at 5510 Six Forks, Suite 300, Raleigh NC 27609. If you are not applying for admission by comity (a/k/a admission by reciprocity), you may not engage in the practice of North Carolina law until you are admitted to practice and are sworn in as a North Carolina licensed lawyer.

Rule 5-5(e) of the North Carolina Rules of Professional Conduct allows a lawyer admitted to practice in another US jurisdiction, and not disbarred or suspended from practice in any jurisdiction, to establish an office or systematic and continuous presence in North Carolina for the practice of law if the lawyer is the subject of a pending application for admission to the North Carolina State Bar by comity. There are a number of conditions that must be satisfied which can be found in the rule including that the lawyer is domiciled in North Carolina, has a professional relationship with a North Carolina law firm, and is actively supervised by at least one licensed North Carolina lawyer affiliated with the law firm. A lawyer engaging in practice in North Carolina pursuant to this provision of Rule 5.5 may provide any legal service except the representation of parties in litigated matters in North Carolina state courts and agencies. The lawyer may appear in litigated matters in federal courts or agencies as allowed by federal law and the rules of the tribunal before which the lawyer appears. The lawyer must cease the practice of North Carolina law immediately upon being advised that the lawyer’s application for comity admission was denied. 

You must wait until you receive your license from the BOLE, then take the oath of office and be sworn in as an attorney in open court by a justice or judge of any North Carolina state court before you may begin practicing law.

You may find it cumbersome to carry your actual physical license to a swearing-in ceremony; therefore, you may carry the letter that  accompanied your license (NOT the letter that informed you that you passed the bar exam) from the Board of Law Examiners certifying that you have fulfilled all requirements and are now eligible to be sworn in to the practice of law. You may present that letter, in lieu of your actual license, to certify eligibility to be sworn in.

The Board of Law Examiners supplies the oath forms to bar applicants. You may also print the oath form here.

You should file one copy of the oath form with the clerk of court where you were sworn in and keep one copy for your files. You do not need to send a copy to the NC State Bar.

The bigger counties, such as Wake, Mecklenburg, Forsyth, and Guilford usually schedule mass swearing-in sessions at the courthouse in March and August of each year after the bar results come out. You can check with the trial court administrator or clerk of court to find out if there is such a ceremony planned in your area. If there is no group ceremony planned, or if you can't wait until one is held, you can arrange a private swearing in ceremony by calling the judge's chambers and scheduling an appointment.

This is not required by statute, but is often done as a matter of custom and, in some judicial districts, may be required by the judiciary. You should contact the clerk of court of the district where you would like to be sworn in to determine what will be required. If not required by the district judiciary and you don't know a North Carolina attorney who can introduce you, you may introduce yourself to the court.

You may be sworn in at any time after being admitted. North Carolina has no deadline by which successful bar applicants must take the oath of office. However, you may not practice law in North Carolina until you are sworn in.

Yes. You are an active member of the North Carolina State Bar as soon as you complete all the requirements for admission set forth by the Board of Law Examiners, even before you are sworn in. As an active member of the North Carolina State Bar you are required to pay the annual mandatory membership fees and complete the annual mandatory CLE requirements. For more information on these requirements and to learn how to petition to become an inactive member of the State Bar, see the Membership FAQ’s and Continuing Legal Education FAQ’s.

No. You must take the oath of office in person in open court. However, some counties may offer virtual swearing in ceremonies. You must contact the Clerk of Court for that information. You can also visit the NC Judicial Branch website for more information. The State Bar is not involved in the swearing in process.

No. The federal courts in North Carolina require new lawyers to be admitted to the North Carolina courts before being admitted to practice in the federal courts. You should contact the clerk of the federal court where you wish to be admitted to find out how to apply for admission in the federal court system.

The Client Security Fund was established by the North Carolina Supreme Court by order dated August 29, 1984. The fund is administered by a board of trustees appointed by the North Carolina State Bar Council. Its purpose is to reimburse, in whole or in part in appropriate cases and subject to the provisions and limitations of the Supreme Court's orders and State Bar rules, clients who have suffered financial loss as the result of dishonest conduct of lawyers engaged in the private practice of law in North Carolina.

See 27 NCAC 1D, Section .1400

Yes. 

Reimbursable losses are losses of money or property that satisfy the following conditions:

(1) the dishonest conduct occurred on or after January 1, 1985;

(2) the loss was caused by dishonest conduct of an attorney acting as attorney for the applicant or in a fiduciary capacity for the benefit of the applicant customary to the private practice of law in the matter in which the loss arose; and

(3) the applicant has exhausted all viable means to collect the applicant's losses otherwise than from the fund. See 27 NCAC 1D, Rule .1401(b)(7).

Certain losses are specifically declared by the rules to be non-reimbursable. See 27 NCAC 1D, Rule .1401(b)(8). They are:

(1) losses of a spouse, parent, grandparent, child, brother, sister, partner, associate, or employee of the attorney causing the loss;

(2) losses covered by any bond, security agreement, or insurance contract, to the extent covered;

(3) losses of any business entity with which the attorney or any person described in (1) above is an officer, director, shareholder, partner, joint venturer, promoter, or employee;

(4) losses for which reimbursement has otherwise been received from or paid by or on behalf of the attorney who committed the dishonest conduct; and

(5) losses in investment transactions in which there was neither a contemporaneous attorney/client relationship between the attorney and the applicant nor a contemporaneous fiduciary relationship between the attorney and the applicant.

The fund only reimburses the actual amount embezzled or misappropriated by the attorney. It does not reimburse any related additional losses or damages, such as interest, fees paid to another attorney to represent the applicant against the attorney or before the Client Security Fund Board, penalties for late payment of taxes, and the like.

Any reimbursement by the fund is within the sole discretion of the board and not a matter of right. For any amount to be paid, the claim must first be shown to be one that is a reimbursable loss. Further, in deciding whether to pay any or all of a claim, the board may consider such things as the financial condition of the fund, any negligence of the applicant that contributed to the loss, the comparative hardship the applicant suffered because of the loss, the total amount of reimbursable losses in previous years for which complete reimbursement has not yet been made, the total assets of the fund, and the amount of insurance or other sources of funds available to compensate an applicant for a reimbursable loss.

Yes. The fund does not reimburse otherwise reimbursable losses sustained by any one applicant as a result of dishonest conduct of one attorney in an amount exceeding $100,000.

When a written application is filed, it is investigated by an investigator employed by the fund. When the investigation is complete, the application is placed on the agenda of a quarterly meeting of the Client Security Fund Board. A copy of the application is sent to the attorney who is alleged to have committed dishonest conduct. When the board meets, it may request testimony from the applicant or others having knowledge of the facts, and the attorney will be given an opportunity to be heard if requested. The application, investigation, reports, and hearing are confidential unless and until the board authorizes reimbursement or the attorney requests that the matter be made public. However, relevant information may be provided by the board to disciplinary committees of the North Carolina State Bar or anyone else to whom the council of the North Carolina State Bar authorizes release of information.

Yes, an active bar member may qualify for one of the specified exemptions listed at 27 NCAC 1D, Rule .1517.

Exemptions are claimed when you pay your membership dues each year. All exemptions must be reported yearly.

If you need to claim an exemption outside of the annual renewal process, you can claim the exemption through the CLE tab in the Member Portal OR contact the CLE Department. 

For special circumstances exemptions you must attach a letter explaining the reasons you are requesting the exemption and provide any supporting documentation you feel would be helpful. The CLE Board will consider your request and determine your eligibility as soon as possible.

All active members of the State Bar are required to pay a $25 annual attendance fee during the membership renewal process. Lawyers eligible for an exemption found in 27 NCAC 1D, Rule .1517 are exempt from the $25 attendance fee.

You can view a list including all member fee types here. 

No. Please do a course search in the portal to see if the class has been approved in North Carolina. If not, you can submit a Bar Member's Application for CLE Credit to apply for accreditation if the course is a Live & In-person Course.  Sponsors must submit all online courses for accreditation. 

Please note other states' attendance certificates are not sufficient to add credits to your CLE record if the course has not been approved for North Carolina CLE credit.

Please check the CLE tab in the Member Portal to view your reporting period.  All members have 2-year reporting periods. 

Members must complete 24 hours of CLE, including 4 ethics hours, 1 technology training hour, and 1 professional well-being hour (formerly mental health/substance abuse) in every 2-year reporting period.

No. If the hours have not been completed by the end of your reporting period, you will be subject to monetary penalties or suspension. See 27 NCAD 1D, Rule .1523.

The 12-month CLE year begins March 1. Reporting periods end on the last day of February. Hours must be completed by the end of the lawyer’s reporting period to avoid a late fee.

Yes. Lawyers may take all their CLE hours online.

Click here to search for courses.

Complete a Bar Member’s Application for CLE Credit. The application can only be submitted after the course has been completed. Attach all requested documentation and return the completed packet to the CLE Department. Please submit the form and all additional documentation via email.

No. A member cannot receive credit for an online CLE course if the sponsor does not apply for NC CLE credit. 

Using your State Bar member number and member access password, you may log in to the State Bar’s portal to view your record. 

No. To be exempt from the mandatory dues, a lawyer must change his or her State Bar membership status to inactive. To learn more about inactive status, contact the Membership Department at 919-828-4620.

Yes. To report this time to the CLE department, complete the Request for Teacher Credit of an Approved Continuing Legal Education Activity.

Yes. For teaching a law school class or a paralegal program, click here. 

Yes, lawyers may carry over into the next reporting period up to 12 total hours; however, Professional Well-Being, Ethics, and Technology will not carry forward but must be taken every reporting period.

Yes, in most cases. Each state has different rules and regulations governing CLE. Before you register for a class, please check the North Carolina State Bar Rules and Regulations on CLE to see if the class meets North Carolina’s requirements. See 27 NCAC 1D, Section .1500.

Yes. If you are admitted on or after January 1, 2011, you must complete the 12-hour Professionalism for New Attorneys program.  Upcoming programs are listed on our website.

The program consists of 12 hours of training in subjects designated by the North Carolina State Bar, including professional responsibility, professionalism, and law office management.

Yes. Credit for the program is applied to the mandatory CLE requirements.

A member who is licensed by a United States jurisdiction other than North Carolina for five or more years prior to admission to practice in North Carolina is exempt from the Professionalism for New Attorneys program requirement and must notify the board of the exemption when they pay their membership dues.

Professionalism for New Attorneys courses may be taken via live webcast, but they may not be taken online (via the Internet) on demand. They may be taken as a prerecorded program provided at least one hour of each six-hour block consists of live programming.    

The sponsor’s application can be filed on the portal. 

Yes. The application fee should be paid by credit card or e-check using the sponsor portal.

Click here for the fee schedule.

Summarizing 27 NCAC 1D, Rule .1519: your activity must “have significant intellectual or practical content and the primary objective must be to increase the participant’s professional competence and proficiency as a lawyer.” Further, it “shall constitute an organized program of learning dealing with matters directly related to the practice of law, professional responsibility, professionalism, or ethical obligations of lawyers.”

Yes. Members may take all their hours online.

See 27 NCAC 1D, Section .1500.

Yes, provided the CLE Board is “satisfied that the content of the activity would enhance legal skills or the ability to practice law.” 

Active members of the North Carolina State Bar must take 24 hours of approved CLE over a two-year period. Of the 24 hours, they should complete four ethics hours, one technology training hour, and one professional well-being hour (formerly mental health/substance abuse). 

The 12-month CLE year begins March 1 and ends the following February 28 or 29.

Click here to search for a course, or telephone the CLE Department at (919) 733-0123.

Click here to look up your sponsor identification number. Your sponsor ID number is located in your course approval email also. You may call the CLE Department at (919) 733-0123 if you are having trouble locating the number.

Please email the course accreditation coordinator.

Attendance reports should be filed on the sponsor portal within 30 days after an activity takes place. All February CLE Attendance Reports are due March 15 annually. 

Please use the sponsor portal to report attendance. Along with your sponsor and course number, make sure to include the attorney’s name, bar number, and a breakdown of the credit hours.

Yes. Please indicate the hours attended when you submit the attendance report.

Yes. Attorneys who participate in panels as part of approved continuing legal education activities can earn credit at the same rate as teachers.

Yes. Attorneys are entitled to one hour of CLE for every ten minutes of actual instruction. To request credit, the attorney should complete CLE Form 7, Teacher’s Request for CLE Credit.

Tally the minutes for each segment of ethics, technology, professional well-being, and other substantive topics. Divide by 60. Round each total down to the nearest quarter-hour. Do not include time given to non-educational activities such as social activities, welcomes and introductions, breaks, meals, business or committee meetings, examinations, or evaluations. 

To find out if a course would be eligible for specialization credit, please visit their section of the State Bar's website. 

No credit will be given for the following: 1) programs on marketing; 2) programs marketing products or services; 3) In-house programs; 4) self-study (use of books and manuals), non-interactive computer programs, bar review/refresher programs; 5) activities held in conjunction with banquets or other primarily social functions; 6) business meetings.

Yes, provided the program is interactive and the sponsor can track the attendance.

Yes, as long as the program is open to any interested attorney from outside the law firm, the course can be approved for CLE credit. The program should be advertised to the wider legal community at least ten days in advance of the course date. The firm may also invite outside attorneys to attend. 

Yes. A firm may offer an in-house program on ethics, professional well-being, or technology that is sponsored by a third party or organization and is not affiliated with the law firm. See Rule .1523(d) for other exceptions. 

Course accreditation results are available for viewing in the sponsor portal.

No. Teleconferencing and webcasts can be approved.

The application should be filed on the sponsor portal at least 40 days before the presentation of the CLE activity.

We review applications in the order they are received. Processing time may take up to 45 days from receipt.

If the question relates to your own prospective conduct, you may telephone the State Bar at (919) 828-4620. There are three lawyers on the staff who answer ethics questions. If the question relates to the conduct of another lawyer, you must write to the State Bar for a response and send a copy of the letter to the lawyer whose conduct is at issue. This will give the other lawyer an opportunity to comment upon the inquiry. If the question relates to past conduct (your own or that of another lawyer), the staff may decline to answer. Also, inquiries that involve novel or controversial questions of legal ethics will not be answered over the telephone. You will be asked to put the question in writing and mail it to the Ethics Committee for its consideration at its next quarterly meeting.

Opinions given over the phone are informal. Oral ethics opinions provide feedback and guidance to lawyers who are trying to deal with difficult ethical dilemmas. Although an oral opinion is not a formal ethics ruling because it cannot be reviewed and approved by the Ethics Committee, you may rely upon the advice you receive. If a grievance is subsequently filed against you, the fact that you sought the informal opinion of the State Bar and acted accordingly will be evidence of a good faith effort to comply with the Revised Rules of Professional Conduct.

Yes. The Bar's program for providing informal ethics advisories to inquiring attorneys is a desigated lawyers' assistance program and information received by designated staff counsel from an attorney seeking an informal ethics advisory shall be confidential information pursuant to Rule 1.6(c) of the Rules of Professional Conduct. Such information may only be disclosed as allowed by Rule 1.6(b), and as necessary to respond to a false or misleading statement made about an informal ethics advisory. In addition, if an attorney's response to a grievance proceeding relies in whole or in part upon the receipt of an informal ethics advisory, confidential information may be disclosed to Bar counsel, the Grievance Committee, or other appropriate disciplinary authority.

Only written inquiries are sent to the Ethics Committee. If your inquiry involves the conduct of another lawyer, you will be asked to reduce the inquiry to writing for submission to the full committee. Questions involving matters of first impression or controversy are always sent to the full committee.

See 27 NCAC 1D, Section .0100.

Send a letter to the Ethics Committee at PO Box 25908, Raleigh, NC 27611, or send an email. All letters of comment received prior to the next meeting of the Ethics Committee are provided to the members of the committee for consideration. Letters of comment should be sent as soon as possible after the publication of the proposed opinion to facilitate their inclusion in the materials mailed to the members of the Ethics Committee prior to the meeting.

All meetings of the Ethics Committee are public. The committee meets on a quarterly basis in conjunction with the State Bar Council's quarterly meetings in January, April, July, and October. Call the State Bar for the date and location of each meeting. At the meeting of the committee, if you are recognized by the chairperson, you will be given the floor to comment briefly on a proposed opinion or new inquiry.

No. Your inquiry will become part of the records of the State Bar. As a state agency, most records of the State Bar are public. You may want to put your inquiry in a hypothetical format to avoid improper disclosure of confidential client information.

Yes. An opinion will not be provided if the material facts of the inquiry are in dispute or the inquiry requires an interpretation of law rather than legal ethics. A written inquiry that discloses a possible violation of the Revised Rules of Professional Conduct may be referred to the Grievance Committee of the State Bar for investigation. If an oral inquiry discloses a possible violation of the Revised Rules, the caller may be encouraged to report the matter to the State Bar. Inquiries relative to a conflict of interest that is the subject of a motion to disqualify pending before a tribunal will not be answered unless the tribunal requests the opinion of the State Bar.

While ethics opinions do not themselves have the force of law, they are regarded as definitive interpretations of the Revised Rules of Professional Conduct by the North Carolina State Bar Council. As such, ethics opinions are often the basis upon which decisions are made by the Grievance Committee in regard to matters of alleged professional misconduct and by the Disciplinary Hearing Commission in regard to formal charges of professional misconduct. As final decisions of the North Carolina State Bar Council, ethics opinions are appealable under the terms of the Administrative Procedures Act to the Superior Court of Wake County.

North Carolina lawyers should regard the State Bar's ethics opinions as binding as a matter of professionalism. Although there is often disagreement as to conclusions reached by the Ethics Committee and the council, a lawyer who values his or her reputation as a true professional would never intentionally disregard an ethics opinion. Rather, such a lawyer should avail himself or herself of existing procedures to seek reconsideration of an opinion with which he or she disagrees.

An ethics opinion is not final until it is approved by the State Bar Council. This usually occurs upon motion of the Ethics Committee at the quarterly meeting immediately following the publication of the proposed opinion. Proposed ethics opinions are published in the State Bar Journal after every quarterly meeting of the State Bar Council. If written comments or requests to be heard are received about a proposed opinion, it is reconsidered by the Ethics Committee at its next quarterly meeting. The committee may decide to revise the proposed opinion and republish it in the Journal for further comment or it may decide that the proposed opinion is the proper response to the inquiry and request that the council approve the opinion as published. A proposed opinion may go through the reconsideration process several times.

Rule 1.5(f) of the Revised Rules of Professional Conduct requires a lawyer with a dispute with a client over a legal fee to notify the client of the North Carolina State Bar's program of fee dispute resolution at least 30 days prior to initiating a legal proceeding to collect the disputed fee.

A fee is in dispute if the client questions or objects to the amount billed. Also, if a client fails to pay the bill, it is assumed that the fee is disputed unless the client affirms the obligation in writing or verbally. If a client pays by a check that is subsequently returned for insufficient funds, it is assumed that the client has affirmed the obligation and the lawyer is not required to notify the client of the fee dispute resolution program.

The client must be notified of the right to participate in the fee dispute resolution program at least 30 days before filing suit against the client to collect the fee. See Rule 1.5(f) of the Revised Rules of Professional Conduct. A sample notice letter may be found on the Forms page of this website.

Yes. Although a lawyer does not ultimately intend to sue a client to collect a fee if the client fails to pay, a lawyer may nevertheless seek the client's participation in the fee dispute resolution program in an effort to collect the fee or some portion thereof.

See 27 NCAC 1B, Section .0100.

See 27 NCAC 1B, Section .0200.

You can usually get more time to respond. To request additional time, call the North Carolina State Bar at (919) 828-4620 and ask to speak to the staff attorney assigned to your grievance. The staff attorney assigned to your grievance is identified in the last paragraph of the letter of notice in boldface type. The staff attorney is ordinarily not the person who signed the letter of notice. The staff attorney has authority to grant additional time to respond if the circumstances warrant.

If you have a question about a complaint that has been filed against you, call the State Bar at (919) 828-4620 and ask to speak to the staff attorney assigned to the complaint. The staff attorney assigned to your grievance is identified in the last paragraph of the letter of notice in boldface type. The staff attorney is ordinarily not the person who signed the letter of notice. If you don't know the staff attorney's name, the receptionist will assist you.

No. A letter of notice notifies the respondent lawyer that a grievance has been filed, summarizes the allegations of the grievance, and requires the lawyer to respond. A letter of notice is not an accusation by the State Bar against you. However, you must respond timely to the letter of notice. Failure to respond timely may be an independent basis for discipline. See 27 NCAC 1B, Rule .0112(c).

That is a decision you must make. In deciding whether you need the assistance of counsel, you should consider the complexity and seriousness of the allegations. The staff attorney assigned to your grievance can provide the names of lawyers who regularly handle cases before the Grievance Committee and the Disciplinary Hearing Commission.

No. Proceedings of the Grievance Committee are closed to the public. The committee decides all cases upon written submissions and does not take testimony. However, the Grievance Committee can subpoena a lawyer whose written response was inadequate to provide a full response at a quarterly Grievance Committee meeting.

As a member of the State Bar, you must comply with the State Bar's rules. Rule .0112(c) of the Discipline and Disability Rules (27 NCAC 1B, Section .0100) states that a lawyer must respond to a letter of notice within 15 days and that the response must be "a full and fair disclosure of all the facts and circumstances pertaining to the alleged misconduct."

The time it takes the Grievance Committee to rule on a grievance depends upon the complexity of the case. Cases in which the Office of Counsel recommends action other than dismissal are decided by the full Grievance Committee at quarterly meetings in January, April, July, and October. Grievances in which the Office of Counsel recommends dismissal because there is not sufficient evidence to prove a violation of the Rules of Professional Conduct are considered throughout the quarter by the chairman and, in some cases, another committee member.

Not all judicial districts have grievance committees. Also, whether a file is sent to a judicial district grievance committee depends upon the nature of the complaint and the caseload of the local committee. Grievances involving allegations of criminal misconduct or financial wrongdoing are never sent to judicial district grievance committees.

You may request that your identity be held in confidence and, generally, the State Bar is able to comply with this request. However, the State Bar may be required to reveal the identity of a reporting lawyer to the accused lawyer if such disclosure is required by law, by considerations of due process, or where identification of the reporting lawyer is essential to the preparation of the lawyer's defense to the grievance or formal disciplinary complaint. See 27 NCAC 1B, Rule .0111(d).

Because of the State Bar's confidentiality rules, a lawyer who reports alleged misconduct of another member of the Bar but who is not identified as the complaining party is not advised of the progress of the investigation or outcome of the grievance.

Lawyers are not charged with violations of ethics opinions. Rather, they are charged with violations of the Rules of Professional Conduct. Ethics opinions do not themselves have the force of law. However, they are regarded as definitive interpretations by the State Bar Council of the Rules of Professional Conduct. As such, the Grievance Committee and the Disciplinary Hearing Commission rely upon ethics opinions in deciding whether a lawyer violated the Rules of Professional Conduct.

Yes. Every active member of the State Bar who resides in North Carolina must be a member of the judicial district bar where he/she resides or practices. The State Bar automatically assigns you to a local district bar based on your address on record with the State Bar. To change your district bar, log in to the member portal and edit your contact information.

You may choose between the districts. Log into your Member Login account and use the “Edit Contact Info” link to change your address and/or your judicial district.

No. Every active member of the State Bar who resides in North Carolina must be a member of the judicial district bar where he/she resides or practices. You may only be a voting member of the judicial district bar on record for you with the State Bar. If you desire to be a non-voting member of another judicial district bar, you must contact that district bar to see if it accepts non-voting members.

You are not required to belong to a local district bar or pay district bar dues.

Yes. If your local judicial district bar charges dues you are required to pay them. Active State Bar members who reside in North Carolina must be members of a local judicial district bar. NCGS §84-18.

If you join a judicial district bar after the beginning of its fiscal year, you are exempt from paying the dues for that fiscal year only if you demonstrate that you paid district bar dues to the previous district bar AND the fiscal year runs conterminously with the fiscal year of the new judicial district bar for a period of 3 months or more.

If you change your district bar affiliation, you must notify both the district you are leaving and the district you are joining. Please see the list of local Judicial District Bar Officers for contact information.

To view the District Bar Map, click here. If you are still unsure of your affiliation, contact the membership department at the State Bar.

To view the regulations governing district bars, see the following Rules and Regulations:

Subchapter A, Section .0800, Election and Appointment of State Bar Councilors

Subchapter A, Section .0900, Organization of the Judicial District Bars – District bars must adopt bylaws and submit bylaws to the State Bar Council for approval

Subchapter A, Section .1000, Model Bylaws

Subchapter B, Section .0200, Rules Governing Judicial District Grievance Committees 

Subchapter D, Section .0700, Fee Dispute Resolution

To view the District Bar Officer’s Directory, click here.

To view the District Bar Councilor’s Directory, click here.

To view the essential duties of District Bar officers, click here.

Effective January 1, 2010, North Carolina lawyers are no longer required to inform the State Bar as to whether they maintain legal malpractice insurance. The only way to obtain this information is to check with your attorney.

See 27 NCAC 1D, Sections .1700 through .3300.

Many lawyers limit their practices to certain areas of law. However, a lawyer may not claim that he or she is a "specialist" unless the lawyer is certified as a specialist by the North Carolina State Bar's Board of Legal Specialization or a certifying organization that has been approved by the American Bar Association. See Rule 7.4 of the Revised Rules of Professional Conduct of the North Carolina State Bar.

Certification of lawyers as specialists by an objective entity and according to objective criteria fulfills the mission of the State Bar to protect the public by providing relevant, truthful, and reliable information to consumers of legal services. Certification helps consumers to identify lawyers who have experience and skill in a certain area of practice. Certification also helps lawyers by encouraging them to improve their knowledge in particular areas of practice and providing them with a legitimate way of informing the public and other lawyers of this proficiency.

The specialization program is administered by the Board of Legal Specialization, a standing committee of the State Bar that was created in 1985.

Although the requirements vary from one specialty area to the next, the minimum standards for certification as a specialist include the following:

1. the applicant must be licensed and in good standing to practice law in North Carolina;

2. the applicant must be substantially involved in the practice area, usually for a minimum of five years;

3. the applicant must take a certain number of continuing legal education credits in the specialty area during the three years prior to application;

4. the applicant must make a satisfactory showing of qualification in the specialty through peer review; and

5. the applicant must achieve a satisfactory score on a written examination in the practice area.

To find out if a course would be eligible for specialization credit towards initial certification or recertification in a specific specialty area, please send a copy of the agenda or course description to Katie Seruset. 

Appellate practice, bankruptcy law (including subspecialties in consumer bankruptcy law and business bankruptcy law); child welfare law; criminal law (including specialties in state and federal criminal law and juvenile delinquency law); elder law; employment law; estate planning and probate law; family law; immigration law; privacy and information security law; real property (including subspecialties in residential real property law and commercial real property law): social security disability law; trademark law; utilities law; and workers’ compensation law. The standards for certification in these practice areas are set forth in 27 NCAC 1D, Sections .2100 through .3400.

The initial application must be accompanied by a check for $250. If approved to sit for the examination, the applicant must pay a $200 examination fee.

The certification applications are available in the State Bar Member Portal. The Forms page includes supplemental forms as well as information on when the application period is open. You may also request an application by calling Katie Seruset at the State Bar at (919) 828-4620.

Certification is effective for five years. At the end of five years, a board certified specialist must apply for recertification. There is a $250 fee for recertification. The standards for recertification are similar to the standards for initial certification but no written examination is required. A summary of the standards for recertification can be found here.

The recertification applications are available in the State Bar Member Portal. The Forms page includes supplemental forms as well as information on when the recertification period is open. You may also request a recertification application by calling Katie Seruset at the State Bar at (919) 828-4620.

Yes, there is a $150 annual fee.

Yes, if you remain inactive for an entire calendar year. To retain your certification, you must remain substantially involved in the specialty practice area. Substantial involvement is defined differently for each specialty but, generally, it requires that the specialist devote no less than 25% of a full-time practice to the specialty every calendar year. Check the recertification standards for your specialty.

No, during any period of inactivity, you must discontinue the active practice of law. Any statements or representations you make about yourself may not imply that you have an active law license.

You may call Brian Oten, director of the specialization program, Sheila Saucier, managing director, or Katie Seruset, certification coordinator, at (919) 828-4620.

See 27 NCAC 1A, Section .0200 and NCAC 1D, Sections .0900 and .1000.

Yes. Once you are licensed by the NC Board of Law Examiners, by passing the bar exam, by transfer of Uniform Bar Exam score, or by comity, you automatically become a member of the State Bar. To be entitled to practice North Carolina law, you must be an active member of the State Bar. Also, you must take the oath of office and be sworn in as an attorney before you may begin practicing law. For more information, see Admission – Swearing In FAQ's.

Pay the annual membership fees, fulfill the CLE and IOLTA requirements, and comply with the Rules of Professional Conduct. If you are a North Carolina resident, you must also maintain membership in the local district bar where you work or reside.

The annual membership fee for 2024 is $300. There was no Client Security Fund assessment this year.  The amount of the membership fee is established each October by the State Bar Council pursuant to the authority granted to the Council by the General Assembly in NCGS §84-34.

The State Bar membership fees and IOLTA certification are due on January 1 but are not considered delinquent until July 1. The State Bar no longer mails paper invoices. Members do receive several emails, and a postcard reminder, to pay and certify before the deadline. If members wish to mail a physical check, they must print their invoice from their online member portal.

You will owe a late fee of $30. Continued failure to pay any part of the membership fees may result in the suspension of your North Carolina law license. See 27 NCAC 1D, Rule .0903.

If you are suspended, you will have to file a reinstatement petition with the membership department of the State Bar. (For more information on reinstatement, see Membership FAQ #17 below.)

The Client Security Fund was established by the North Carolina Supreme Court by order dated August 29, 1984. The fund is administered by a board of trustees appointed by the State Bar Council. Its purpose is to reimburse, in whole or in part in appropriate cases and subject to the provisions and limitations of the Supreme Court’s orders and State Bar rules, clients who have suffered financial loss as a result of dishonest conduct of lawyers engaged in the private practice of law in North Carolina.

The amount of the Client Security Fund assessment is set by the North Carolina Supreme Court depending on the needs of the fund.

Your membership with the State Bar is automatic upon licensure. The membership fees are waived for the calendar year in which you are admitted by exam. You will owe membership fees for the calendar year following the year of your admission to the State Bar and continuously on an annual basis as long as your membership status is “active”. See NCGS §84-34 and 27 NCAC 1A, Rule .0203(c).

Your membership with the State Bar is automatic upon licensure. You will owe membership fees for the calendar year in which you are admitted by comity, regardless of when during the year you are admitted. The State Bar is prohibited by law from waiving or prorating the membership fees. See NCGS §84-34 and 27 NCAC 1A, Rule .0203(c).

The State Bar must receive certification of your licensure from the NC Board of Law Examiners (BOLE) before you can be assigned a State Bar ID number. Upon receipt of your certification from the BOLE the membership department will mail your State Bar ID card. Instructions for completing the “new attorney registration” process in the Member Portal will also be emailed to you. Please review all the important new attorney information in the email.

No. All active members are obligated to pay the annual State Bar membership fees, unless eligible for a waiver per 27 NCAC 1A, Rule .0203.

You must petition to become an inactive member of the State Bar to be relieved of membership fees and CLE obligations. You must complete and file a Petition for Transfer to Inactive Status with the membership department of the State Bar. See 27 NCAC 1D, Rule .0901.

You must petition to become an inactive member of the State Bar. See Membership FAQ #12 above.

Yes, if you remain inactive for an entire calendar year. To retain your certification, you must remain substantially involved in the specialty practice area. Substantial involvement is defined differently for each specialty but, generally, it requires that the specialist devote no less than 25% of a full-time practice to the specialty every calendar year. Check the recertification standards for your specialty by visiting the specialization website.  

No, during any period of inactivity, you must discontinue the active practice of law. Any statements or representations you make about yourself may not imply that you have an active law license. 

No. But you must pay all fees owed to the State Bar at the time you petition for inactive status.

If you have been inactive or suspended for one year or less, see the instructions accompanying the short form petition for reinstatement.

If you have been inactive or suspended for more than one year, but less than seven, see the instructions accompanying the long form petition for reinstatement.

If you have been inactive or suspended for more than seven years, unless an exception* applies, members seeking reinstatement must not only successfully complete the bar examination, but also must successfully complete the Multistate Professional Responsibility Exam (MPRE) and the state-specific component of the Uniform Bar Exam (UBE). 

*Each year of active licensure in another state will offset one year of NC inactive status for the purpose of calculating years of inactivity.  Each year of military service will offset one year of NC inactive status for the purpose of calculating years of inactivity. 

Additionally, the “grandfather clause” that excluded members who obtained inactive or suspended status prior to March 10, 2011, from the bar exam requirements has been removed. Members who were previously covered by the “grandfather clause” have until October 14, 2022, to petition for reinstatement in order to then complete 84 CLE hours in lieu of the bar examination requirements. Petitions filed after the October 14, 2022, deadline are subject to the amended rules requiring passage of the bar exam to seek reinstatement, unless you qualify for an exemption, as noted in the rules.

Every active member of the State Bar who resides in North Carolina must be a member of the judicial district bar where he/she resides or works. The State Bar automatically assigns you to a local district bar based on your address on record with the State Bar unless you change your district in the Member Portal. For more information on the district bars see the District Bar FAQ’s.

Complete and submit the Member Request Form and appropriate fees to the address on the form.

NOTE: If you need a certificate from the “highest court,” follow the instructions on the Supreme Court’s website Certificate of Good Standing | North Carolina Judicial Branch (nccourts.gov).

Complete and submit the Discipline History Request Form to the address on the form. There is no charge for the letter.

Complete and submit the Member Request Form and appropriate fees to the address on the form.

Complete and submit the Member Request Form and fee, if required, to the address on the form.

Change your name in the Member Portal under “My Profile."

You may continue to practice law using your maiden name provided the continued professional use of your maiden name is not fraudulent, false, or misleading. See Rule 7.1 of the NC Rules of Professional Conduct. In particular, you must be consistent in using your maiden name professionally (always signing all documents relative to your law practice using that name). Where necessary to avoid misleading anyone, you must explain that you are using one name as your professional name and another name for personal matters.

If you will use your maiden name professionally, you should continue to be listed with the State Bar under your maiden name to avoid confusion. However, be aware that if someone searches our website directory under your married name, the person will not find your listing. Similarly, if someone calls the State Bar membership department to inquire about your status and uses your married name, the membership department may not be able to locate your record in the State Bar membership database.

Complete and return the Attorney Name Change Request.

Log into the Member Portal of the State Bar website and use the "Edit Contact Info" link.

The Plan (27 NCAC 1G) is a self-funded, voluntary certification program of the North Carolina State Bar, the regulatory agency for North Carolina lawyers. The Plan provides incentives to North Carolina paralegals to meet a minimum level of education to become a “North Carolina Certified Paralegal” and a minimum level of continuing education to maintain the certification. The Plan does not restrict the use of the term “paralegal” nor does it differentiate the services that can be provided by a certified and a non-certified paralegal. However, it does provide a much-needed benchmark to ensure paralegal competency and enhance the quality of legal services provided by North Carolina paralegals.

The purpose of the North Carolina State Bar’s Plan for Certification of Paralegals is to assist in the delivery of legal services to the public by identifying individuals who are qualified by education and training, and have demonstrated knowledge, skill, and proficiency to perform substantive legal work under the direction and supervision of a licensed lawyer (including any individual who may be otherwise authorized by applicable state or federal law to provide legal services directly to the public), and to improve the competency of those individuals by establishing mandatory continuing legal education and other requirements of certification.

The program is voluntary because it only applies to paralegals who wish to use the titles "North Carolina Certified Paralegal,""North Carolina State Bar Certified Paralegal," or "Paralegal Certified by the North Carolina State Bar Board of Paralegal Certification." A paralegal can choose not to be certified and still perform substantive legal work under the supervision of an attorney using the titles "paralegal" and "legal assistant.”

No. This is a voluntary certification program. Obtaining certification is not a requirement to be employed as a paralegal/legal assistant or to call yourself a paralegal in North Carolina. However, the titles "North Carolina Certified Paralegal,""North Carolina State Bar Certified Paralegal," and "Paralegal Certified by the North Carolina State Bar Board of Paralegal Certification" are reserved for those individuals who are certified by the North Carolina State Bar.

Whether you believe North Carolina certification is right for you is a personal decision. Certification demonstrates your commitment to the paralegal profession and provides recognition that you have met high professional standards. Certified paralegals are required to take continuing education courses, helping you stay current in the legal field which, in turn, enhances the quality of legal services you provide to attorneys. For potential employers, it makes the hiring process easier – your credentials are already verified.

Certification may not have any immediate impact on employment possibilities. However, as the certification process becomes more familiar to attorneys and legal employers, some employers are beginning to hire only North Carolina Certified Paralegals. In addition, although certification is voluntary, it does give the attorney a much-needed benchmark for hiring.

As attorneys confront the daily challenges of providing quality legal services to their clients, they need to be assured that the paralegals they employ to assist them are educated and qualified to provide legal services. Members of the public indirectly rely on the work performed by paralegals and many times directly rely upon information given to them by paralegals. Paralegals should know and understand their ethical duties and their limitations under the authorized practice of law statutes. They should meet minimum standards of paralegal competency. Although the Plan is voluntary, it does give the attorney a benchmark for hiring practices and, hopefully, will reduce ethical violations, the unauthorized practice of law, and malpractice claims. The Plan will not prevent attorneys from hiring an uncertified nonlawyer as a legal assistant or paralegal, but it will help attorneys to identify qualified candidates. It will also allow the attorney to publicize the employment of a certified paralegal.

No. The Plan continues to require paralegals to be supervised by an attorney unless authorized by law to provide services directly to the public (e.g., social security disability representatives). The Plan will also enhance compliance with the authorized practice statutes by improving paralegals' understanding of the requirements of the law.

To become a NC Certified Paralegal you must fulfill the educational requirements and successfully pass the certification examination. Applicants should read the full standards for paralegal certification listed in 27 N.C. Admin. Code 1G.0119.

1. Be a legal resident of the United States.

2. Education or Work Experience - The applicant must have earned one of the following:

(a) an associate's, bachelor's, or master's degree from a qualified paralegal studies program (must consist of 9 semester credits, or the equivalent, of classroom instruction (consisting of live, real-time, or simultaneous broadcast via satellite or webinar); or

(b) a certificate from a qualified paralegal studies program and an associate's or bachelor's degree in any discipline from any institution of post-secondary education that is accredited by an accrediting body recognized by the United States Department of Education (an accredited US institution) or an equivalent degree from a foreign educational institution if the degree is determined to be equivalent to a degree from an accredited US institution by an organization that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credentials Evaluators (AICE); or

(c) a juris doctorate degree from a law school accredited by the American Bar Association; or

(d) a high school diploma or equivalent plus five years of experience (comprising 10,000 work hours) as a legal assistant/paralegal or paralegal educator and, within the 12 months prior to the application, completed one hour of CLE on the topic of professional responsibility. Demonstration of work experience may be established by sworn affidavit(s) from the lawyer(s) or other supervisory personnel who has knowledge of the applicant’s work as a legal assistant/paralegal during the entirety of the claimed work experience.

3. National Certification. If an applicant has obtained and thereafter maintains in active status at all times prior to application (i) the designation Certified Legal Assistant (CLA)/Certified Paralegal (CP) from the National Association of Legal Assistants; (ii) the designation PACE-Registered Paralegal (RP)/Certified Registered Paralegal (CRP) from the National Federation of Paralegal Associations; or (iii) another national paralegal credential approved by the board, the applicant is not required to satisfy the educational standard described in #2 above.

Yes, if the applicant has obtained a high school diploma or equivalent plus five years of experience (comprising 10,000 work hours) as a legal assistant/paralegal or paralegal educator within the 12 months prior to the application and completed one hour of CLE on the topic of professional responsibility;

OR 

If an applicant has obtained and thereafter maintains active status at all times prior to application (i) the designation Certified Legal Assistant (CLA)/Certified Paralegal (CP) from the National Association of Legal Assistants; (ii) the designation PACE-Registered Paralegal (RP)/Certified Registered Paralegal (CRP) from the National Federation of Paralegal Associations; or (iii) another national paralegal credential approved by the board, the applicant is not required to satisfy the educational standard.

All applicants must satisfy the requirements of Rule .0119(a) explained in the answer to Q1 immediately above, and must successfully pass the certification exam. See Q7-Q9 for more information regarding qualified paralegal studies programs.

Yes, if an applicant has obtained a high school diploma or equivalent plus five years of experience (comprising 10,000 work hours) as a legal assistant/paralegal or paralegal educator within the 12 months prior to the application and completed one hour of CLE on the topic of professional responsibility;

OR 

If an applicant has obtained and thereafter maintains active status at all times prior to application (i) the designation Certified Legal Assistant (CLA)/Certified Paralegal (CP) from the National Association of Legal Assistants; (ii) the designation PACE-Registered Paralegal (RP)/Certified Registered Paralegal (CRP) from the National Federation of Paralegal Associations; or (iii) another national paralegal credential approved by the board, the applicant is not required to satisfy the educational standard.

All applicants must satisfy the requirements of Rule .0119(a) explained in the answer to Q1 immediately above, and must successfully pass the certification exam. See Q7-Q9 for more information regarding qualified paralegal studies programs.

No. As of July 1, 2007, to be certified, all applicants must satisfy the educational requirements of Rule .0119(a) as explained in the answer to Q1 above, and must successfully pass the certification exam. See Q7-Q9 for more information regarding qualified paralegal studies programs.

No. As of July 1, 2007, to be certified, all applicants must satisfy the educational requirements of Rule .0119(a) as explained in the answer to Q1 above, and must successfully pass the certification exam. See Q7-Q9 for more information regarding qualified paralegal studies programs.

You may apply to sit for the paralegal certification exam after graduation with a certificate, associate’s, bachelor’s, or master’s degree from a paralegal studies program that has been approved by the Board of Paralegal Certification as a “qualified paralegal studies program.” If you seek to qualify by reason of a paralegal certificate, you must also have an associate’s or bachelor’s degree from a college or university that is accredited by an accrediting body recognized by the US Department of Education (the degree can be in any discipline). A qualified paralegal studies program must include 9 semester credits, or the equivalent, of classroom instruction (consisting of live, real-time or simultaneous broadcast via satellite or webinar). Any paralegal studies program that can be completed entirely online (without any “real time,” live instruction) will not be designated by the Board of Paralegal Certification as a “qualified paralegal studies program.”;

OR 

Obtained a high school diploma or equivalent plus five years of experience (comprising 10,000 work hours) as a legal assistant/paralegal or paralegal educator within the twelve months prior to the application and completed one hour of CLE on the topic of professional responsibility;

OR 

Obtained and thereafter maintains in active status at all times prior to application (i) the designation Certified Legal Assistant (CLA)/Certified Paralegal (CP) from the National Association of Legal Assistants; (ii) the designation PACE-Registered Paralegal (RP)/Certified Registered Paralegal (CRP) from the National Federation of Paralegal Associations; or (iii) another national paralegal credential approved by the board, the applicant is not required to satisfy the educational standard.

All applicants must satisfy the requirements of Rule .0119(a) explained in the answer to Q1 immediately above, and must successfully pass the certification exam. See Q7-Q9 for more information regarding qualified paralegal studies programs.

A paralegal studies program can be “qualified” by the North Carolina State Bar Board of Paralegal Certification if it’s an institutional member of the Southern Association of Colleges and Schools or other regional accrediting agency recognized by the United States Department of Education, and is either: 1) approved by the American Bar Association (ABA); 2) an institutional member of the American Association for Paralegal Education (AAfPE); 3) offers at least the equivalent of 18 semester credits of coursework in paralegal studies as prescribed by the ABA Guidelines for the Approval of Paralegal Education; or 4) includes 9 semester credits, or the equivalent, of classroom instruction (consisting of live, real-time or simultaneous broadcast via satellite or webinar). Any paralegal studies program that can be completed entirely online (without any “real time,” live instruction) will not be designated by the Board of Paralegal Certification as a “qualified paralegal studies program.”

A determination that a paralegal studies program is qualified under the Plan for Certification of Paralegals does not constitute an approval or an endorsement of the program by the Board of Paralegal Certification or the North Carolina State Bar.

The Board of Paralegal Certification follows the same qualification guidelines as the American Bar Association, which states that a paralegal studies program must require students to complete at least 9 semester credits of their legal specialty courses in a live, traditional classroom setting or in a live, real-time, simultaneously broadcast via satellite or webinar.

Here is a list of qualified paralegal studies programs in North Carolina. All American Bar Association (ABA)-approved programs are qualified paralegal studies programs. You can review the ABA requirements and approved programs here.

If your program is not ABA-approved, it may be “qualified” by applying to the Board of Paralegal Certification. The program director for your program should complete and return the Application for Designation as a Qualified Paralegal Studies Program with a copy of the course catalog for the year in which you graduated. If the administration of your program cannot apply for qualification for some reason, you may complete and submit the application for the program.

Information on how to choose a paralegal education program can be found on the website of the American Association for Paralegal Education.

To be eligible to sit for the certification exam you must have a degree in paralegal studies from a “qualified paralegal studies program.” If you have completed a paralegal studies program but it is not qualified, you can take your transcript to one of the qualified paralegal studies programs for evaluation. Some of your completed credits may transfer to the qualified program, and the program director can tell you how many additional credits you would need to complete a new, qualified degree.

You may only apply to sit for the paralegal certification exam after graduation from a paralegal program that has been approved by the Board of Paralegal Certification as a “qualified paralegal studies program.”

Not necessarily! For example, some schools offer an associate’s degree in paralegal studies that is qualified, but their certificate or diploma in paralegal studies may not meet the requirements for qualification. Check the list of qualified paralegal studies programs in North Carolina carefully or ask your school’s program director to make sure your particular degree program has been qualified.

The deadline for the June exam is April 15th of each exam year. The deadline for the October exam is August 15th of each exam year. Late applications are not accepted.

To apply, submit the completed Application for Certification and the $125 application fee online via the paralegal login portal. An official transcript from your high school, approved paralegal program, JD program, or the school’s designated transcript service should be emailed directly to transcripts@ncbar.gov. Sealed official transcripts can also be mailed from the entities mentioned above to:

Managing Director
North Carolina State Bar Board - Paralegal Certification
PO Box 25908
Raleigh, NC 27611

Please verify with your school that your transcript will include your graduation date.

The total cost of the exam is $225 ($125 application fee plus the $100 exam fee). Payments should be made through the online paralegal login portal. Both fees are non-refundable. Information regarding the due date for the exam fee is included in the approval letters.

Yes. Payments can be made using your bank account or credit card information via the online paralegal login portal. Mail-in payments will not be accepted.

Your application is received once it is submitted through the online paralegal login portal. You will receive an email notification that the application has been received.

You will receive an email notifying you of your approval and the next steps.

You may also check your status by conducting a Paralegal Search of your name and/or CP# via the online paralegal login portal. The portal will display information notifying you when your application is received, when it has been submitted to the board for approval and when it has been approved by the board.

You may apply to sit for the paralegal certification exam if you are graduating from a Board of Paralegal Certification approved paralegal program the month before the exam. For example, if you are graduating in May, you may sit for the June exam if you apply by the exam deadline.

Yes, all applicants must sit for and successfully pass the certification exam to be certified.

All applicants must satisfy the requirements of Rule .0119(a) explained in the answer to Q1 immediately above, and must successfully pass the certification exam. See Q7-Q9 for more information regarding qualified paralegal studies programs.

A criminal record does not necessarily preclude you from certification. All applications are evaluated individually. When you apply and indicate a criminal conviction, the Board of Paralegal Certification reviews the information on an individual basis. Make sure you include a full explanation of the conviction with your application, including the outcome of the charges and any restitution that was made. The board may also ask for letters of reference or recommendation. Once the board has received all of the requested information, they will make a decision at their next quarterly board meeting. If your application is denied, you have the right to appeal pursuant to Rule .0122. 

There are 125 multiple choice questions on the exam, which you will have three hours to complete. There are no essay questions on the exam.

The exam is offered in the summer and fall (usually June and October). The total cost of the exam is $225 ($125 application fee plus the $100 exam fee). Both fees are non-refundable and must be made via the online paralegal login portal. You will be notified via email regarding your approval to sit for the exam and the due date of the exam fee. You can also check your online account for status updates.

The Paralegal Certification Exam is administered using remote proctoring. Remote proctoring enables examinees to take the exam on a computer in the location of their choice under the supervision of a remote proctor using the examinee’s computer’s webcam and microphone in conjunction with our testing platform ExamSoft/Examplify.

Applicants are solely responsible for providing a compatible computer for taking their computer. Please verify the compatibility of your computer using the links below:

For Examsoft’s Mac-specific compatibility requirements, click here.

For Examsoft’s Windows-specific compatibility requirements, click here.

Please note: your webcam and microphone must be on during the entire time you are taking the exam or will result in failure of the exam.

THIS IS NOT AN OPEN BOOK EXAM.

WRITING DOWN EXAM QUESTIONS, USING BOOKS, OR NOTES IS STRICTLY PROHIBITED.

FAILURE TO ADHERE TO THESE INSTRUCTION WILL RESULT IN FAILURE OF THE EXAM AND BARMENT FROM TAKING THE CERTIFICATION EXAM AGAIN.

Applicants may retake the certification exam by paying the $100 exam fee within one year of their initial exam date. You must notify our office before the next exam deadline. If you do not retake the exam within the one-year deadline, your status changes to “certification denied” and you must submit a new application including all required documentation and fees to sit for the exam again.

The exam is not divided into sections for grading purposes, so you must retake the entire exam.

You may register for the next exam date by contacting our office and paying the $100 exam fee. However, if you do not take the next exam, your status will change to “certification denied.” A new application including all required documents and fees must be submitted if you decide to reapply.

Each exam will cover the same areas of law but will consist of different questions. Therefore, the passing score will vary from exam to exam.

Exam results will be released approximately 8 to 10 weeks after the exam date. Additionally, you can check your status by logging into your online paralegal account. Your status will continue to say “Approved for Exam” until the results are received. If you pass the exam, your status will change to “Certified” and will show your recertification date. If you do not pass the exam, your status will change to “Pending” and you will be allowed to retake the certification exam again within one year of your initial exam date by notifying our office before the next exam deadline paying the $100.00 exam fee.

Civil litigation, commercial law, criminal law, ethics, family law, legal research, legal system, real estate, and technology. Please note, the exam questions are written to test the domains and tasks discussed in Q11 below. The questions may not be equally distributed among the different areas of law.

The legal subjects to be tested are generally based upon a review of the core curriculum required by the community college system for paralegal studies programs in North Carolina, which generally follow the core curriculum for ABA-approved paralegal studies programs; however, the North Carolina State Bar Board of Paralegal Certification reserves the right to add or remove legal subjects at its discretion.

The test is organized into five “performance domains.” Performance domains can be tested in questions on a particular area of law (e.g., civil litigation), and identify the core competencies required for the proficient performance of a North Carolina certified paralegal in their job. Within these performance domains there are several tasks that will be tested. Click here to view a copy of the domains and tasks.

The exam is based primarily on North Carolina law; however, some federal and/or common law questions may be asked to the extent that they are relevant to the core knowledge required of a North Carolina paralegal.

Neither the Board of Paralegal Certification nor the North Carolina State Bar offers or sponsors any review courses. However, review courses may be developed and offered by various public and private providers, such as paralegal associations, organizations, or schools. You may contact the sponsors and/or paralegal associations listed on the CPE page of our website.

The following items are required:

1. a completed recertification application,

2. the $75 renewal fee, and

3. a copy of your certificate of attendance showing 6.0 hours of continuing paralegal education (CPE) including 1.0 hour of legal ethics/professional responsibility.

Certified paralegals may take unlimited board approved CPE or continuing legal education (CLE) online courses. All programs approved for CLE credit automatically receive CPE approval. Checks or money orders should be made payable to The North Carolina State Bar Board of Paralegal Certification. Please include your name and CPID number in the memo line.

In January you will receive a “time to recertify” email. At that time, please log into the online portal, complete and submit the recertification application, upload a copy of your certificate of attendance, and pay the required fees using your bank account or credit card information.

Recertification applications must be submitted on or before August 15. Applications postmarked after August 15 will incur a $25 late fee.

Those who have not applied for recertification by October 1 will have their certification lapsed.

Continued paralegal work is not a requirement for renewal, nor is living in North Carolina. The only requirements for recertification are completing the CPE hours and returning the recertification application with the fee (see Q2 above).

All certified paralegals have the same recertification deadline of July 1st. You may find your recertification date by logging into the paralegal login portal.

Once you submit your recertificaiton application in the online portal, you will automatically receive a confirmation notice and an invoice. A status of “Recertification Pending” means that we have received your recertification application and that it will be reviewed by our full board at the next quarterly board meeting (February, May, August, or November).

All applications are reviewed by our full board after their due dates. The board meets on a quarterly basis on the second Tuesday of February, May, August, and December. For example, if your application is completed in January for your July 1 renewal, your application will be reviewed by the board at their February meeting. If your application is received after the grace period (e.g., at the end of September), your application will be reviewed by the board at their next meeting (in this example, the November meeting).

You may continue to use the NCCP designation during this delay as you are still considered certified.

After the board has reviewed and approved your application at one of their quarterly meetings in February, May, August, or November your status in our database will be updated and notification of recertification will be sent via email. If you have not received the email notification, check your spam folder, or check your current status on the Paralegal Search page.

One of the purposes of the Plan for Certification of Paralegals is “to improve the competency” of paralegals so they can better assist attorneys and clients. Annual continuing legal education courses can keep you current on changes in the area of law in which you work and help you learn more about your area of law, making you a better paralegal.

Paralegals can take either continuing legal education (CLE) courses for attorneys or continuing paralegal education (CPE) courses for paralegals. These courses will be offered by many of the paralegal and attorney organizations throughout North Carolina. Any CLE or CPE courses taken to apply towards your recertification requirements must be accredited by the NC State Bar. You can find accredited CLE courses on the CLE website. There is also a list of accredited CPE courses on the CPE Courses page. For both of these search options you will need to contact the sponsor directly to register for a course.

If you want to take a CLE/CPE course that has not been accredited you can apply to have the course accredited as CPE just for you by filing the Paralegal’s Request for Approval of a CPE Activity form. The request must be accompanied by an agenda showing the amount of time allotted to each topic, describing the subject matter covered under each topic, and identifying presenters by name and qualification with the application.

Yes. Paralegals can take all six hours of their continuing education courses online.

Pursuant to Rule .0202(c), “[a] minimum of three certified paralegals must register to attend the presentation of a replayed prerecorded program.” Thus, if you order a DVD of a previously presented program and watch it yourself, it will NOT count towards your CPE requirements.

No. Pursuant to Rule .0202(h), in-house programs are not approved. However, if a program is presented at your firm and people outside the firm are invited, it could be approved.

No. The Paralegal Certification program is a self-reporting program with regards to CPE. We do not keep track of your CPE hours as that is the responsibility of each certified paralegal. We generally do not receive attendance lists from sponsors of CLE/CPE programs. It is recommended that you take a blank Certificate of Attendance form to each CLE/CPE course that you attend, have it signed by a representative of the sponsor at the end of the course, and keep it in your files until it is time to mail your recertification application.

No. Please upload your Certificate of Attendance in the online portal when you recertify.

No. If you have not yet completed the CPE hours required for recertification, your application will not be approved.

No. Excess CLE/CPE hours do not carry over into the next certification period. Since the six hours is such a minimal amount, the board feels that education about changes in the law would not be adequately maintained if allowed to carry over.

Recertificaiton applications are no longer mailed and must be completed through the online portal.

Recertificaiton applications are no longer mailed and must be completed through the online portal.

There is an automatic 45-day grace period to complete your CPE hours and complete the recertification application until August 15. A $25 late fee will be assessed after August 15.

Failure to renew shall result in lapse of certification.

If you allow your certification to lapse you will have to meet the exam admission requirements in Rule .0119(a) and pass the certification exam to become recertified, even if you were originally certified under the grandfathering provisions.

Yes. You can petition the board for inactive status based on financial hardship, illness, disability, or active military duty for you or your spouse. This inactive status would last for a period of one year, with the requirement that you must either petition the board to remain inactive each year, or file a renewal application to seek reinstatement to active status. You can find more detailed information about inactive status on the Petition for Inactive Status form.

You can update your contact information online. Click on the Paralegal Login page and use your username (which is your CP number, CP#####) and password to log in. If you have not previously logged in, follow the directions for FIRST TIME USERS. If you do not recall your password, click on Forgot Password? Your password will be sent to the email address on file.

Once logged in, click on the “Contact Information” edit button.

Yes. Click on the Paralegal Login page and use your username (which is your CP number, CP#####) and password to log in. If you do not recall your password, click on Forgot Password? Your password will be sent to the email address on file.

Once logged in, click on the “My Profile” tab and then click “Name Change.”

Click on the Paralegal Login page and use your username (which is your CP number, CP#####) and password to log in. Once logged in you will see the application status.

To order a new certificate, please send a detailed request letter, including your name as you would like it printed on your new certificate, along with a $35 check for the reprinting fee to: Director, North Carolina State Bar Board of Paralegal Certification, PO Box 25908, Raleigh, NC 27611. Checks should be made payable to the North Carolina State Bar Board of Paralegal Certification.

See 27 NCAC Subchapter 1H, Section .0100.

G.S. 84-4.1       

The North Carolina lawyer (and member of the North Carolina State Bar) who acts as the out-of-state lawyer's sponsor in the motion for admission pro hac vice is required to register the admission with the North Carolina State Bar.

A pro hac vice registration must be filed by the responsible North Carolina lawyer within 30 days of the entry of the pro hac vice admission order.

No, the North Carolina State Bar cannot help you find a lawyer because of its role as the agency that regulates the legal profession in North Carolina, but assistance can be obtained from the North Carolina Bar Association's lawyer referral service at (919) 677-8574.

Click here for pro hac vice admission registration information and online filing instructions through the Member Portal. A separate registration is required for each out-of-state attorney in each case. 

A copy of the signed order granting pro hac vice admission.

Submit a fee in the amount of $225 to one of the following:

(i) for judicial proceedings, the presiding clerk of court

(ii) for administrative proceedings, the presiding administrative agency.

The clerk of court or administrative agency will distribute the fees to the State Treasurer and the State Bar. Do not submit payment to the State Bar.

Yes. Close the registration in the Member Portal.

No.

Yes. Rule 33(d) of the NC Rules of Appellate Procedure outlines the procedures that must be followed when an out-of-state attorney seeks admission to an appellate court.

Yes. Within 30 days of a pro hac vice order issued by the North Carolina Court of Appeals, you must complete a new registration. Click here for pro hac vice admission registration information and online filing instructions through the Member Portal.   

Yes. Within 30 days of a pro hac vice order issued by the North Carolina Court of Appeals, you must complete a registration. Click here for pro hac vice admission registration information and online filing instructions through the Member Portal.

Yes. Within 30 days of a pro hac vice order issued by the North Carolina Supreme Court, you must complete a registration. Click here for pro hac vice admission registration information and online filing instructions through the Member Portal.

Yes. Within 30 days of a pro hac vice order issued by the North Carolina Supreme Court, you must complete a registration. Click here for pro hac vice admission registration information and online filing instructions through the Member Portal.

Yes, a lawyer licensed to practice in another state may obtain an order from the North Carolina State Bar Council permitting the lawyer to provide legal services to indigent persons on a pro bono basis under the supervision of a NC lawyer employed by a nonprofit corporation qualified to render legal services pursuant to N.C.G.S. 84-5.1. See 27 NCAC 1D, Rule .0905 for the requirements of the petition to the council and accompanying information.

Rule 5.5(c)(2)(B) of the North Carolina Rules of Professional Conduct provides that a lawyer admitted to practice in another jurisdiction, but not in North Carolina, does not engage in the unauthorized practice of law in North Carolina if the lawyer acts with respect to a matter that arises out of or is otherwise reasonably related to the lawyer's representation of a client in a jurisdiction in which the lawyer is admitted to practice.

If a subpoena from a North Carolina court is necessary to compel a witness to appear at a deposition, the out-of-state lawyer should contact the clerk of court for the North Carolina judicial district in which the deposition will be taken for instructions on how to obtain a subpoena. If the judicial district requires an action to be filed in North Carolina but does not require the out-of-state lawyer to be admitted pro hac vice, a North Carolina lawyer may file the action and obtain the subpoena; the out-of-state lawyer may then take the deposition of the witness without being admitted pro hac vice. If the judicial district requires the out-of-state lawyer to be admitted pro hac vice, the necessary motion must be filed and the sponsoring North Carolina lawyer must register with the State Bar.

If the out-of-state lawyer wishes to withdraw from a case, a motion to withdraw must be filed with the court. If the motion is granted, the NC lawyer should close the registration in the Member Portal.

This is a question of law that cannot be answered by the State Bar. Please refer to G.S. 84-4.1(5) and In re Smith, 301 N.C. 621, 272 S.E. 2d 834 (1981)(“A general appearance by local counsel is required by G.S. 84-4.1.”) for guidance. If in doubt, the North Carolina lawyer should seek instruction from the court at the time of the entry of the order allowing limited practice by the out-of-state lawyer.

A North Carolina lawyer wishing to withdraw from a case in which he has agreed to be the sponsoring lawyer for an out-of-state lawyer appearing pro hac vice should do the following:

1. File a motion with the court expressing the desire to withdraw and asking the court to approve suitable substitute NC counsel as required in G.S. 84-4.1 (5).

2. Provide to the North Carolina State Bar a copy of the order allowing withdrawal from the case. If a separate order is entered allowing the appearance of a new NC sponsoring lawyer, please provide that as well.

3. The new NC sponsoring lawyer must file an Update Form for New Sponsoring Attorney with the North Carolina State Bar.

No. The North Carolina PHV statute applies to appearances before North Carolina state courts and tribunals, not private arbitration or mediation forums such as AAA or JAMS.  If the actual site of the arbitration or mediation is located in a forum in North Carolina, no special PHV admission is required as long as the rules of the forum permit the representation without PHV.  However, PHV will be required if the arbitration or mediation arises from an order or directive of a North Carolina state court or tribunal.  Other arbitrations or mediations may require that the out-of-state lawyer comply with Rule 5.5(c) (3) of the North Carolina Rules of Professional Conduct, which provides that a lawyer admitted to practice in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may represent a client in a pending arbitration, mediation, or other alternative dispute resolution proceeding in North Carolina provided the lawyer’s services arise out of or are reasonably related to the lawyer's representation of a client in a jurisdiction in which the lawyer is admitted to practice and are not services for which pro hac vice admission is required.

See 27 NCAC 1E, Section .0100.

Professional associations, professional corporations, and professional limited liability companies organized for the practice of law are required to register with the State Bar. See NCGS §55B-12 and NCGS 57D-2-02.

Prior to filing the organization's articles with the Secretary of State, you must file the articles along with an application for registration with the membership department of the North Carolina State Bar, and pay a registration fee of $50.

Applications can be found on the Forms page under the Professional Organizations heading.

In May of each year, a renewal email notification will be sent to the responsible attorney for the organization as it appears in the records of the State Bar. The responsible attorney will log onto the NC State Bar’s member portal using his/her personal membership ID number and password to access the organization’s renewal and pay the $25 renewal fee. Renewals must be received and paid by July 1.

See 27 NCAC 1E, Section .0200.

Any law firm or professional organization that maintains offices in North Carolina and one or more other jurisdictions must obtain a certificate of registration as an interstate or international law firm from the State Bar unless all of the lawyers associated with the law firm or professional organization are licensed to practice law in North Carolina.

You must file a registration statement with the membership department of the State Bar and pay a $500 registration fee.

Applications can be found on the Forms page under the Professional Organizations heading.

In November of each year, an interstate/international law firm renewal will be mailed to the address of the interstate/international law firm as it appears in the records of the State Bar. The renewal certificate must be completed and returned to the State Bar together with a renewal fee of $500 by December 31st.

A lawyer or law firm may be designated by a trade name, a distinctive website address, social media username, or comparable professional designation. Such designations no longer need to be registered with the State Bar, but still must comply with Rule 7.1 in that such designations cannot be false or misleading. 

For example, a law firm name or designation is misleading if it implies a connection with 1) a government agency, 2) a deceased or retired lawyer who was not a former principal of the firm, 3) a lawyer not associated with the firm or a predecessor firm, 4) a nonlawyer, or 5) a public or charitable legal services organization. See Rule 7.1 cmt. 5. Additionally, if a firm uses a trade name that includes a geographical name such as “Springfield Legal Clinic,” an express statement explaining that it is not a public or charitable legal services organization may be required to avoid a misleading implication. Id.

A trade name may also not compare a lawyer or law firm’s services with others or imply a promised result. 

If you have questions about whether a trade name complies with Rule 7.1, you may request advice from the State Bar’s ethics department by emailing ethicsadvice@ncbar.gov.

The Lawyer's Handbook can now be downloaded for free. There will be a very limited number of hard copies available for purchase. You can send a check or money order for $16.09 to the North Carolina State Bar, Attn: Handbook, PO Box 25908, Raleigh, NC 27611. Please enclose a note with your name and address and what publication you are requesting.

The Lawyer's Handbook is published annually, usually in April.

The Lawyer's Handbook contains the most referenced provisions of the Administrative Rules, Rules of Professional Conduct, Ethics Opinions, Index to Ethics Opinions, and Trust Accounting and IOLTA FAQs.

You can send a check or money order in the amount of $10.68 payable to the North Carolina State Bar. Please enclose a note with your name and address and what publication you are requesting. Mail to: North Carolina State Bar, Attn: Membership, PO Box 25908, Raleigh, NC 27611.

The Journal is published quarterly—each March, June, September, and December.

Mid-year subscriptions are charged on a prorated basis. Please contact the Membership Department at (919) 828-4620 for more information.

Individual copies of the Journal may be purchased at the rate of $5.34 for each issue. Please enclose a note with your name and address and what publication you are requesting. Mail to: North Carolina State Bar, Attn: Publications, PO Box 25908, Raleigh, NC 27611.

You must petition to become an inactive member of the State Bar.

Complete and file a Petition for Transfer to Inactive Status with the membership department of the State Bar. See 27 NCAC 1D, Rule .0901.

The petition must be reviewed by the Administrative Committee and approved by the State Bar Council. The committee and the council meet quarterly in January, April, July, and October of each year. The dates of the meetings can be found here. Submit the petition at least 30 days prior to the quarterly meeting of the State Bar Council at which you are requesting the council to take action on the petition.

Keep a copy of your petition for your records. If your petition is received 30 days prior to the meeting, you will receive confirmation (if you list an e-mail address on your petition you may receive correspondence via e-mail) that your petition was received by the NC State Bar.

The petition must be completed and received no later than December 30th in order to avoid the membership fee for the next year.

Mail the petition and any supporting documentation to:
NC State Bar
Membership Department
PO Box 26088
Raleigh, NC 27611

Following the State Bar quarterly meeting, if your request for inactive status is granted by the State Bar Council, an inactive order will be mailed to the address you provide on the petition.

There is no fee for becoming an inactive member of the NC State Bar, but you must pay all fees owed to the State Bar at the time you petition for inactive status, including the entire mandatory membership fee and the Client Security Fund assessment (payable to the NC State Bar) for the year in which you file the petition.

The membership fee invoice for each calendar year is mailed to every active member of the State Bar in December of the preceding year. The completed invoice and payment are due January 1, but are not considered late if received/postmarked on or before June 30.

Any outstanding CLE fees must be paid before inactive status is granted.

Once the inactive petition is granted, you no longer have to satisfy the annual CLE credit hour requirement. You are also relieved of the CLE credit hour requirement for the year in which you are transferred to inactive membership status.  

However, unless exempt from CLE requirements pursuant to Rule .1517, any deficit from the calendar year preceding the year inactive status is granted (and possibly additional hours depending on length of inactive status) must be completed if you petition for reinstatement to active status.

Yes, if you remain inactive for an entire calendar year. To retain your certification, you must remain substantially involved in the specialty practice area. Substantial involvement is defined differently for each specialty but, generally, it requires that the specialist devote no less than 25% of a full-time practice to the specialty every calendar year. Check the recertification standards for your specialty by visiting the specialization website.

If your membership status is inactive, you cannot practice North Carolina law or serve as “of counsel,” and you cannot hold yourself out as a practicing lawyer or an active member of the North Carolina State Bar. However, you may assist with the representation of legal aid clients if you petition the State Bar for and are grantedpro bono status as an inactive or out of state attorney.

Inactive members of the State Bar, including lawyers who are granted emeritus pro bono status, do not have to pay any annual membership fees, including the Client Security Fund assessment, and do not have to file CLE annual report forms or take CLE annually.

You may provide supervised pro bono legal services to indigent persons served by a nonprofit corporation after being granted inactive status by petitioning the State Bar Council for emeritus pro bono status (separate petition required – Petition for Emeritus Pro Bono Status) per rules 27 N.C.A.C.1A, Rule .0201(c)(2)(F) and 27 N.C.A.C. 1D, Rule .0901(b)(3).  A lawyer granted emeritus pro bono status may not represent clients in court. 

The petition must be accompanied by the statement of an active North Carolina State Bar member (“responsible lawyer”) who is employed by a nonprofit corporation qualified to render legal services pursuant to G.S. 84-5.1, and who has agreed to supervise the pro bono services. Use the Statement Regarding Pro Bono Supervision form.

For additional information about emeritus pro bono status or to find a pro bonosupervisor or project, see the NC Equal Access to Justice Commission website.

See Closing a Law Practice.

Succession planning is essential to every lawyer’s practice. Having a current succession plan in place proactively protects clients and colleagues in the event of the lawyer’s disability or death. 

As a result, a lawyer’s unavailability—temporary or permanent, planned or unexpected—can have a significant impact on the provision of legal services, the stability of a law office, and the administration of justice itself. Accordingly, lawyers should consider creating and implementing a succession plan to ensure legal services are minimally disrupted in the event of a lawyer’s unavailability.

This State Bar guide will assist lawyers in planning for an unexpected absense.

There is no precise definition of the practice of law in the statutes or caselaw. Two North Carolina statutes provide examples of the activities that constitute the practice of law. See NCGS §84-2.1 and §84-4. Note that NCGS §84-2.1 states that the list of particular acts set forth in the statute is not exclusive.

Only active members of the North Carolina State Bar may engage in the practice of law in North Carolina. Any person other than an active member of the North Carolina State Bar who engages in the practice of law for another commits the unauthorized practice of law in violation of Chapter 84 of the North Carolina General Statutes, unless the acts are performed under the direction and active supervision of a licensed North Carolina attorney. It is a class 1 criminal misdemeanor to engage in the unauthorized practice of law.

Yes. An individual may represent him or herself on any legal matter. A person commits the unauthorized practice of law only by performing acts constituting the practice of law for another person or entity.

No. It is a violation of North Carolina's unauthorized practice of law statutes for a nonlawyer to practice law regardless of the relationship with the individual for whom the services are provided or that no fees are charged.

No. Even if no lawsuit has been filed, assisting another person with settlement negotiations on a legal claim constitutes the unauthorized practice of law.

No. A paralegal or other nonlawyer may only perform work constituting the practice of law if it is under the supervision and at the direction of a licensed North Carolina attorney. Attorneys may hire or contractwith paralegals or other nonlawyers to perform such services provided that the nonlawyers are properly supervised. See Rule 5.3 of the Revised Rules of Professional Conduct.

Generally, no. NCGS §84-5 prohibits corporations from practicing law for others. However, the statute does not prohibit legal corporations, authorized to practice under Chapter 55 of the NC General Statutes, from practicing law.

Generally, an owner, officer, or employee of a corporation may do legal work for the corporation if the corporation has a primary interest in the transaction at issue. See State v. Pledger, 257 N.C. 634, 127 S.E. 2d 337 (1962). However, a corporation may not appear pro se and a nonlawyer may not file or appear in court proceedings, except small claims actions, on behalf of the corporation. See,LexisNexis, Division of Reed Elsevier, Inc. v. Travishan Corporation, 155 N.C.App. 205, 573 S.E.2d 547 (2002).

Generally no. NCGS §84-4.1 sets forth the limited circumstances under which an out-of-state attorney may practice law in North Carolina. All the requirements set forth in NCGS §84-4.1 must be satisfied before a lawyer licensed in another state may practice law in North Carolina. Also, non-resident attorneys cannot habitually practice in North Carolina, regardless of whether they satisfy the conditions set forth in NCGS §84-4.1 in an individual case. See State v. Hunter, 290 N.C. 556, 227 S.E. 2d 535 (1976). As of March 2003, Rule 5.5 of the North Carolina Rules of Professional Conduct also provides additional guidance on the limitations on activities in North Carolina by out-of-state attorneys.

Generally, no. By statute, only an active member of the North Carolina State Bar may provide legal services in North Carolina. N.C. Gen. Stat. § 84-4. There are exceptions that are identified in Rule 5.5 of the North Carolina Rules of Professional Conduct. A lawyer licensed in another jurisdiction must satisfy the requirements of the exception in Rule 5.5 to qualify to provide that particular legal service in North Carolina. The statutes also provide an exception for lawyers licensed in another jurisdiction to appear in North Carolina courts and tribunals pro hac vice.

A lawyer licensed in another jurisdiction may appear before a North Carolina court or tribunal only after admission pro hac vice in accordance with N.C. Gen. Stat. § 84-4.1. A lawyer licensed in another jurisdiction applying for pro hac vice must be domiciled in the state where the lawyer is licensed. In addition, pro hac vice admission is discretionary with the court and will not be granted if the court finds that an individual or her firm is applying habitually. See Smith v. Beaufort Cty. Hosp. Ass'n, 141 N.C. App. 203, 540 S.E.2d 775 (2000). (Pro hac vice admission in North Carolina federal courts is pursuant to local rules of court.)

Generally, a lawyer licensed in another jurisdiction may not send a demand letter or otherwise negotiate a settlement of a North Carolina dispute on behalf of a North Carolina party. A lawyer licensed in another jurisdiction may send a demand letter or otherwise negotiate a settlement of a North Carolina dispute on behalf of a client who is a resident of the jurisdiction where the lawyer is licensed as long as the lawyer does not habitually provide such services and otherwise meets the requirements of Rule 5.5. If the services are a prelude to litigation in which pro hac vice admission will be required, the lawyer must have a reasonable expectation being admitted pro hac vice.

No. N.C. Gen. Stat. § 84‑2.1 and 4 expressly prohibit a person who is not an active member of the North Carolina State Bar from preparing legal documents or court pleadings for other persons, firms, or corporations in North Carolina.

It depends on the law of the other state.

Rule 5.5 permits a lawyer licensed in another jurisdiction to “with respect to a matter that arises out of or is otherwise reasonably related to the lawyer’s representation of a client in a jurisdiction in which the lawyer is admitted to practice and the lawyer’s services are not services for which pro hac vice admission is required” as long as the activity is not habitual. This would generally include preparing transactional documents to which the client is a party. Note, though, in North Carolina, the buyer’s attorney typically prepares the deed in a sales transaction. An out-of-state attorney could certainly review the deed and advise her out-of-state client before it is executed.

An out-of-state attorney may not provide an opinion of title for the purposes of obtaining title insurance in North Carolina or for the benefit of a buyer or other third party.

Yes, as long as the lawyer is a bona fide employee of the corporation and does not hold himself out in a manner that states or implies that the lawyer is licensed to practice law in North Carolina and identifies his state of licensure in any public communications.

Rule 5.5(d)(2) permits a lawyer licensed in another state to maintain an office or other systematic presence in North Carolina to provide services limited to federal law. Such federal law services are generally limited to dealing with federal agencies that permit representation by a lawyer licensed in any jurisdiction, such as immigration and social security disability, or licensed exclusively by the agency, such as patent prosecutions. Lawyers may not provide legal services beyond the federal law representation or hold out in a manner that states or implies that they are licensed in North Carolina. The lawyer must also identify the state where they are licensed in any public communications.

Rule 5.5(d)(2) permits a lawyer licensed in another state to maintain an office or other systematic presence in North Carolina to provide services limited to the law of the jurisdiction where they are licensed. Lawyers may not provide North Carolina legal services or hold out in a manner that states or implies that they are licensed in North Carolina. The lawyer must also identify the state where they are licensed in any public communications.

Generally yes. Generalized legal statements and opinions, not tailored to any specific or particular situation, do not constitute the unauthorized practice of law. However, if a nonlawyer attempts to meet with a person, discuss the person's particular situation, or assist the person in filling out a form legal document, the non-lawyer is committing the unauthorized practice of law.

The North Carolina State Bar has the authority by statute to investigate allegations of unauthorized practice of law as well as the District Attorney. The State Bar may seek injunctive relief. District attorneys may prosecute charges of unauthorized practice of law as a class 1 criminal misdemeanor.

The Authorized Practice Committee of the North Carolina State Bar investigates complaints of unauthorized practice of law. The procedures for the committee are found at 27 NCAC 1D, Section .0200.

You should complete the Authorized Practice Complaint Form. Be sure to complete all fields possible and to write your initials where they are requested. Try to set forth the facts on which your allegations are based. Include the names and contact information of any witnesses. Attach copies of any relevant court papers, documents, letters, or other materials with your complaint. Please do not send the original documents to the State Bar office. We cannot be responsible for the return of originals. Submit your complaint via email, or print and mail the information to:

Authorized Practice Committee 
North Carolina State Bar 
PO Box 25908 
Raleigh, North Carolina 27611-5908

Include a written summary of the circumstances constituting and surrounding the potential unauthorized practice of law. Also, include all documents or materials available that would establish a potential unauthorized practice of law violation. Make sure you include the name, address, and phone number of the person alleged to have committed the unauthorized practice of law and the names of any material witnesses to such acts, if available.

The Authorized Practice Committee meets once a quarter in January, April, July, and October. The committee considers all complaints filed during the preceding quarter for which the investigation has been completed. Whether an investigation is completed during the quarter in which it is filed depends upon many factors including:

(1) when the complaint was received;

(2) the complexity of the investigation; and

(3) the ability to locate the accused individual, material witnesses, and relevant evidence.

Yes, all meetings of the committee are public.

N.C. Gen. Stat. §84-2.2 creates an exception to the statutory definition of the practice of law. It permits a business to operate a website that generates a legal document based on a consumer’s answers to questions presented through interactive software, but only if the business complies with all of the conditions set forth in the statute. The business must also register with the North Carolina State Bar before beginning operation and renew its registration annually.

The statute establishes seven specific conditions.

(1) The consumer is provided a means to see the blank template or the final, completed document before finalizing a purchase of that document.

(2) An attorney licensed to practice law in the state of North Carolina has reviewed each blank template offered to North Carolina consumers, including each and every potential part thereof that may appear in the completed document. The name and address of each reviewing attorney must be kept on file by the provider and provided to the consumer upon written request.

(3) The provider must communicate to the consumer that the forms or templates are not a substitute for the advice or services of an attorney.

(4) The provider discloses its legal name and physical location and address to the consumer.

(5) The provider does not disclaim any warranties or liability and does not limit the recovery of damages or other remedies by the consumer.

(6) The provider does not require the consumer to agree to jurisdiction or venue in any state other than North Carolina for the resolution of disputes between the provider and the consumer.

(7) The provider must have a consumer satisfaction process. All consumer concerns involving the unauthorized practice of law made to the provider shall be referred to the North Carolina State Bar. The consumer satisfaction process must be conspicuously displayed on the provider’s website.

A business that does not comply with all of the conditions is not eligible for the exception created by the statute and is subject to potential enforcement of the statutory prohibition against the unauthorized practice of law.

The State Bar has a form that a business can complete and submit for registration.

Yes, the initial registration fee is $100.

Yes, the annual registration renewal fee is $50.

The statute does not require a business to be incorporated.

The statute requires a business to register before beginning to offer services in North Carolina and to renew its registration annually.

No. The State Bar does not review the representations made by the business on the registration form. The State Bar is obligated by statute to register any business that submits the form and pays the required fee without reviewing or approving the contents of the form. The State Bar does not approve or sanction any business or business model.

A registered business may not represent to the public that it is “approved,” “sanctioned,” “authorized,” or “regulated” by the State Bar. It may represent that it is “registered with the North Carolina State Bar.”

Yes. Even if the business is registered, it is still required to operate within the parameters of the statutes governing the unauthorized practice of law. If the business is registered but does not operate in a manner that complies with N.C. Gen. Stat. §84-2.2, it is subject to potential enforcement of the unauthorized practice of law statutes.

An actively licensed North Carolina lawyer who provides internet document preparation services from a website does not need to register under the statute as long as the attorney provides the services as part of his or her law practice. If a lawyer operates an internet document preparation service as a business separate from a law practice, then he or she must register the business under N.C. Gen. Stat. §84-2.2.