Proposed Rule Amendments
The Process and Your Comments
Proposed amendments to the Rules of the North Carolina State Bar are published for comment during the quarter after the council of the North Carolina State Bar approves their publication. The proposed amendments are published in the North Carolina State Bar's Journal and on this website. After publication for comment, the proposed rule amendments are considered for adoption by the council at its next quarterly meeting. If adopted, the rule amendments are submitted to the North Carolina Supreme Court for approval. Amendments become effective upon approval by the court. Unless otherwise noted, proposed additions to rules appear in in bold and underlined print, deletions are interlined.
The State Bar welcomes your comments regarding proposed amendments to the rules. Please send a written response to L. Thomas Lunsford II, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611, tlunsford@ncbar.gov.
Below are the rule amendments from the most recent meeting of the State Bar Council
Proposed Amendments to Codify the Rulemaking Procedures of the State Bar
27 N.C.A.C. 1A, Section .1400, Rulemaking Procedures
Amendment Pending Approval of the Supreme Court
Although the State Bar Council consistently follows a specific procedure for adopting and amending the rules of the State Bar, the procedure itself has never been codified in the official rules of the State Bar. The following proposed new section of the State Bar rules sets forth the procedure.
27 N.C.A.C. 1A Section .1400 Rulemaking Procedures
[Entire section is new and, therefore, does not appear in bold print.]
.1401 Publication for Comment
(a) As a condition precedent to adoption, a proposed rule or amendment to a rule must be published for comment as provided in subsection (c).
(b) A proposed rule or amendment to a rule must be presented to the Executive Committee and the council prior to publication for comment, and specifically approved for publication by both.
(c) A proposed rule or amendment to a rule must be published for comment in an official printed publication of the North Carolina State Bar that is mailed to the membership at least 30 days in advance of its final consideration by the council. The publication of any such proposal must be accompanied by a prominent statement inviting all interested parties to submit comment to the North Carolina State Bar at a specified postal or e-mail address prior to the next meeting of the Executive Committee, the date of which shall be set forth.
.1402 Review by the Executive Committee
At its next meeting following the publication or republication of any proposed rule or amendment to a rule, the Executive Committee shall review the proposal and any comment that has been received concerning the proposal. The Executive Committee shall then:
(a) recommend the proposal's adoption by the council;
(b) recommend the proposal's adoption by the council with nonsubstantive modification;
(c) recommend to the council that the proposal be republished with substantive modification;
(d) defer consideration of the matter to its next regular business meeting;
(e) table the matter; or
(f) reject the proposal.
.1403 Action by the Council and Review by the
(a) Whenever the Executive Committee recommends adoption of any proposed rule or amendment to a rule in accordance with the procedure set forth in Rule .1402 above, the council at its next regular business meeting shall consider the proposal, the Executive Committee's recommendation, and any comment received from interested parties, and:
(1) decide whether to adopt the proposed rule or amendment, subject to the approval of the
(2) reject the proposed rule or amendment; or
(3) refer the matter back to the Executive Committee for reconsideration.
(b) Any proposed rule or amendment to a rule adopted by the council shall be transmitted by the secretary to the North Carolina Supreme Court for its review on a schedule approved by the Court, but in no event later than 120 days following the council's adoption of the proposed rule or amendment.
(c) No proposed rule or amendment to a rule adopted by the council shall take effect unless and until it is approved by order of the North Carolina Supreme Court.
(d) The secretary shall promptly transmit the official text of any proposed rule or amendment to a rule adopted by the council and approved by the North Carolina Supreme Court to the Office of Administrative Hearings for publication in the North Carolina Administrative Code.
(e) Any action taken by the council or the North Carolina Supreme Court in regard to any proposed rule or amendment to a rule shall be reported in the next issue of the printed publication referenced in Rule .1401 above.
Proposed Amendments to the Certification Standards for the Criminal Law Specialty
27 N.C.A.C. 1D, Section .2500 Certification Standards for the Criminal Law Specialty
Amendment Pending Approval of the Supreme Court
The proposed amendments clarify the examination requirements for applicants for certification in the subspecialty of criminal appellate practice.
.2505 Standards for Certification as a Specialist
Each applicant for certification as a specialist in criminal law, the subspecialty of state criminal law, or the subspecialty of criminal appellate practice shall meet the minimum standards set forth in Rule .1720 of this subchapter. In addition, each applicant shall meet the following standards for certification:
(a) Licensure and Practice
...
(e) Examination.
The applicant must pass a written examination designed to test the applicant's knowledge and ability.
(1) Terms...
(2) Subject Matter...
(3) (B) Required Examination Components.
(A) Criminal Law Specialty.
An applicant for certification in the specialty of criminal law shall take must pass part I (covering state law) of the examination on general topics in criminal law and part II of the examination on (covering federal and state criminal law) of the criminal law examination.
(B) State Criminal Law Subspecialty.
An applicant for certification in the subspecialty of state criminal law shall take must pass part I of the criminal law examination on general topics in criminal law and part III of the examination on state criminal law.
(C) (3) Requirement of Criminal Law Examination for Criminal Appellate Practice Subspecialty.
An applicant for certification in the subspecialty of criminal appellate practice must successfully pass the criminal appellate practice examination in addition to passing part I of the examination on general topics in criminal law and passing part II (on federal and state criminal law) or part III (on state criminal law) of the examination in criminal law. If an applicant for certification in criminal appellate practice is already certified as a specialist in the specialty of criminal law or the subspecialty of state criminal law, then the applicant must take part II (covering federal law) of the examination in criminal law as well as is only required to take and pass the criminal appellate practice examination.
Proposed Amendments to the Rules Concerning the Registration of Prepaid Legal Service Plans
27 N.C.A.C. 1E, Section .0300, Rules Concerning Prepaid Legal Services Plans
Amendment Pending Approval of the Supreme Court
The proposed amendments provide a procedure for the revocation of prepaid legal services plan registrations under certain circumstances. Additional proposed amendments conform the rules to existing practice, clarify the rules, and delete obsolete provisions.
In light of the extent of the amendments and because many of the rules in the existing section were moved and renumbered, existing Section .0300 will be replaced in its entirety as set forth below.
.0301 State Bar May Not Approve or Disapprove Plans
The North Carolina State Bar shall not approve or disapprove any prepaid legal services plan or render any legal opinion regarding any plan. The registration of any plan under these rules shall not be construed to indicate approval or disapproval of the plan.
.0302 Registration Requirement
A prepaid legal services plan ("plan") must be registered with the North Carolina State Bar before its implementation or operation in
.0303 Definition of Prepaid Plan
A prepaid legal services plan or a group legal services plan ("a plan") is any arrangement by which a person, firm or corporation, not otherwise authorized to engage in the practice of law, in exchange for any valuable consideration, offers to provide or arranges the provision of specified legal services that are paid for in advance of any immediate need for the specified legal services ("covered services"). In addition to covered services, a plan may provide specified legal services at fees that are less than what a non-member of the plan would normally pay. The
.0304 Registration Procedures
To register with the North Carolina State Bar, a prepaid legal services plan must comply with all of the following procedures for initial registration:
(a) A prepaid legal services plan seeking to operate in
(b) The owner or sponsor of the prepaid legal services plan must fully disclose in its initial registration statement form filed with the secretary at least the following information: the name of the plan, the name of the owner or sponsor of the plan, a principal address for the plan in North Carolina, a designated plan representative to whom communications with the State Bar will be directed, all persons or entities with ownership interest in the plan and the extent of their interests, all terms and conditions of the plan, all services provided under the plan and a schedule of benefits and fees or charges for the plan, a copy of all plan documents, a copy of all plan marketing and advertising materials, a copy of all plan contracts with its customers, a copy of all plan contracts with plan attorneys, and a list of all North Carolina attorneys who have agreed to participate in the plan. Additionally, the owner or sponsor will provide a detailed statement explaining how the plan meets the definition of a prepaid legal services plan in
(c) The Authorized Practice Committee ("committee"), as a duly authorized standing committee of the North Carolina State Bar Council, shall review the initial registration statements submitted by each prepaid legal services plan to determine if the plan, as represented in its registration statement, meets the definition of a prepaid legal services plan as defined in Rule .0303, and therefore should be registered in North Carolina. The committee may appoint a subcommittee to conduct an initial review and to recommend to the committee whether the plan meets the definition of a prepaid legal services plan. The committee shall also establish any deadlines by when registrations may be submitted for review and any additional, necessary rules and procedures regarding the initial and annual registrations, and the revocation of registrations, of prepaid legal services plans.
.0305 Registration
The committee shall review the plan's initial registration statement form to determine whether the plan meets the definition of a prepaid legal services plan. If the plan, as submitted, meets the definition, the committee shall instruct the secretary to issue a certificate of registration to the plan's sponsor. If the plan does not meet the definition, the secretary shall advise the plan's sponsor of the committee's decision and the reasons therefore. Upon notice that the plan's registration has not been accepted, the plan sponsor may resubmit an amended plan registration form or request a hearing before the committee pursuant to Rule .0313 below.
.0306 Requirement to File Amendments
Amendments to prepaid legal services plans and to other documents required to be filed upon registration of such plans shall be filed in the office of the North Carolina State Bar no later than 30 days after the adoption of such amendments. Plan amendments must be submitted in the same manner as the initial registration and may not be implemented until the amended plan is registered in accordance with Rule .0305.
.0307 Annual Registration
After its initial registration, a prepaid legal services plan may continue to operate so long as it is operated as registered and it renews its registration annually on or before January 31 by filing a registration renewal form with the secretary and paying the annual registration fee.
.0308 Registration Fee
The initial and annual registration fees for each prepaid legal services plan shall be $100.
.0309 Index of Registered Plans
The North Carolina State Bar shall maintain an index of the prepaid legal services plans registered pursuant to these rules. All documents filed in compliance with this rule are considered public documents and shall be available for public inspection during normal business hours.
.0310 Advertising of State Bar Approval Prohibited
Any plan that advertises or otherwise represents that it is registered with the North Carolina State Bar shall include a clear and conspicuous statement within the advertisement or communication that registration with the North Carolina State Bar does not constitute approval of the plan by the State Bar.
.0311 State Bar Jurisdiction
The North Carolina State Bar retains jurisdiction of North Carolina licensed attorneys who participate in prepaid legal services plans and North Carolina licensed attorneys are subject to the rules and regulations of the North Carolina State Bar.
.0312 Revocation of Registration
Whenever it appears that a plan no longer meets the definition of a prepaid legal services plan; is marketed or operates in a manner that is not consistent with the representations made in the initial or amended registration statement and accompanying documents upon which the State Bar relied in registering the plan; is marketed or operates in a manner that would constitute the unauthorized practice of law; is marketed or operates in a manner that violates state or federal laws or regulations, including the rules and regulations of the North Carolina State Bar; or has failed to pay the annual registration fee, the committee may instruct the secretary to serve upon the plan's sponsor a notice to show cause why the plan's registration should not be revoked. The notice shall specify the plan's apparent deficiency and allow the plan's sponsor to file a written response within 30 days of service by sending the same to the secretary. If the sponsor fails to file a timely written response, the secretary shall issue an order revoking the plan's registration and shall serve the order upon the plan's sponsor. If a timely written response is filed, the secretary shall schedule a hearing, in accordance with Rule .0313, before the Authorized Practice Committee at its next regularly scheduled meeting and shall so notify the plan sponsor. All notices to show cause and orders required to be served herein may be served by certified mail to the last address provided for the plan sponsor on its most current registration statement or in accordance with Rule 4 of the North Carolina Rules of Civil Procedure and may be served by a State Bar investigator or any other person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process. The State Bar will not renew the annual registration of any plan that has received a notice to show cause under this section, but the plan may continue to operate under the prior registration until resolution of the show cause notice by the council.
.0313 Hearing before the Authorized Practice Committee
At any hearing concerning the registration of a prepaid legal services plan, the committee chair will preside to ensure that the hearing is conducted in accordance with these rules. The committee chair shall cause a record of the proceedings to be made. Strict compliance with the Rules of Evidence is not required, but may be used to guide the committee in the conduct of an orderly hearing. The plan sponsor may appear and be heard, be represented by counsel, and offer witnesses and documents in support of its position and cross-examine any adverse witnesses. The counsel may appear on behalf of the State Bar and be heard, and may offer witnesses and documents. The burden of proof shall be upon the sponsor to establish the plan meets the definition of a prepaid legal services plan, that all registration fees have been paid, and that the plan has operated in a manner consistent with all material representations made in its then current registration statement, the law, and these rules. If the sponsor carries its burden of proof, the plan's registration shall be accepted or continued. If the sponsor fails to carry its burden of proof, the committee shall recommend to the council that the plan's registration be denied or revoked.
.0314 Action by the Council
Upon the recommendation of the committee, the council may enter an order denying or revoking the registration of the plan. The order shall be effective when entered by the council. A copy of the order shall be served upon the plan's sponsor as prescribed in Rule .0312 above.
Proposed Amendment to the Rules of Professional Conduct to Conform to Proposed Changes in Rules on Prepaid Legal Services Plans
27 N.C.A.C. 2, Rules of Professional Conduct
Amendment Pending Approval of the Supreme Court
Rule 7.3 of the Rules of Professional Conduct must be amended to conform the rule to the changes proposed to the rules concerning the registration of prepaid legal services plans set forth above.
Rule 7.3 Direct Contact with Potential Clients
(a) A lawyer shall not by in-person, live telephone, or real-time electronic contact solicit professional employment from a potential client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:
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(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal services plan subject to the following:
(1) Definition. A prepaid legal services plan or a group legal services plan ("a plan") is any arrangement by which a person, firm, or corporation, not otherwise authorized to engage in the practice of law, in exchange for any valuable consideration, offers to provide or arranges the provision of legal services that are paid for in advance of the any immediate need for the specified legal service ("covered services"). In addition to covered services, a plan may provide specified legal services at fees that are less than what a non-member of the plan would normally pay. The
(e) ...
Proposed Amendments to the Procedures for the Administrative Committee
27 N.C.A.C. 1D, Section .0900, Procedures for Administrative Committee
Amendment Pending Approval of the Supreme Court
The proposed amendments, which were originally published in the last edition of the Journal, establish the prescribed procedure applicable to all situations in which the State Bar seeks to suspend a member for apparent noncompliance with membership obligations. Unfortunately, when previously published, paragraph (a) of Rule .0903, which is entirely new, was not shown in bold, underlined print in the manner typically used to indicate new text. All of the proposed amendments to Rule .0903 are republished below.
.0903 Suspension for Nonpayment of Membership fees, Late Fee, Client Security Fund Assessment, or Assessed Costs, or Failure to File Certificate of Insurance Coverage or Pro Hac Vice Registration Statement Failure to Fulfill Obligations of Membership
(a) Procedure for Enforcement of Obligations of Membership
Whenever a member of the North Carolina State Bar fails to fulfill an obligation of membership in the State Bar, whether established by the administrative rules of the State Bar or by statute, the member shall be subject to administrative suspension from membership pursuant to the procedure set forth in this rule; provided, however, that the procedures for the investigation of and action upon alleged violations of the Rules of Professional Conduct by a member are set forth in subchapter 1B of these rules and that no aspect of any procedure set forth in this rule shall be applicable to the State Bar's investigation of or action upon alleged violations of the Rules of Professional Conduct by a member.
(1) The following are examples of obligations of membership that will be enforced by administrative suspension. This list is illustrative and not exclusive:
(A) Payment of the annual membership fee, including any associated late fee and the surcharge as set forth in G.S. 84-34;
(B) Payment of the annual Client Security Fund assessment;
(C) Payment of the costs of a disciplinary, disability, reinstatement, show cause, or other proceeding of the State Bar as ordered by the chair of the Grievance Committee, the Disciplinary Hearing Commission, the secretary, or the council;
(D) Filing of the certificate of insurance coverage as required in Rule .0204 of subchapter 1A of these rules;
(E) Filing of a pro hac vice registration statement as required in Rule .0101 of subchapter 1H of these rules; and
(F) Filing of an annual report form and attending continuing legal education activities as required by Sections .1500 and .1600 of subchapter 1D of these rules.
(a) (b) Notice of Overdue Fees, Costs, Certificates of Insurance Coverage, or Pro Hac Vice Registration Statement.
Whenever it appears that a member has failed to comply, in a timely fashion, with the rules regarding payment of the annual membership fee, late fee, the Client Security Fund assessment, and/or any district bar annual membership fee, or that the member has failed to pay, in a timely fashion, the costs of a disciplinary, disability, reinstatement, show cause, or other proceeding of the North Carolina State Bar as required by a notice of the chairperson of the Grievance Committee, an order of the Disciplinary Hearing Commission, or a notice of the secretary or the council of the North Carolina State Bar, or that the member has failed to file, in a timely fashion, a certificate of insurance coverage as required in Rule .0204 of subchapter A of these rules, or a pro hac vice registration statement as required in Rule .0101 of subchapter H of these rules an obligation of membership in the State Bar as established by the administrative rules of the State Bar or by statute, the secretary shall prepare a written notice
(1) directing the member to show cause, in writing, within 30 days of the date of service of the notice why he or she should not be suspended from the practice of law. , and
(2) when appropriate, demanding payment of a $30 late fee for the failure to pay the annual membership fee to the North Carolina State Bar and/or Client Security Fund assessment in a timely fashion, and/or failure to submit a certificate of insurance coverage in a timely fashion.
(b) (c) Service of the Notice
The notice shall be served on the member pursuant to Rule 4 of the North Carolina Rules of Civil Procedure and may be served by a State Bar investigator or any other person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process.
(c) (d) Entry of Order of Suspension Upon Failure to Respond to Notice to Show Cause.
Whenever a member fails to respond in writing within 30 days of the service of the notice to show cause upon the member, and it appears that the member has failed to comply with the rules regarding payment of the annual membership fee, any late fees imposed pursuant to Rule .0203(b) or Rule .0204(c) of subchapter A, the Client Security Fund assessment, and/or any district bar annual membership fee, and/or it appears that the member has failed to pay any costs assessed against the member as required by a notice of the chairperson of the Grievance Committee, an order of the Disciplinary Hearing Commission, and/or a notice of the secretary or council of the North Carolina State Bar, and/or it appears that the member has failed to file a certificate of insurance coverage, and/or a pro hac vice registration statement an obligation of membership in the State Bar as established by the administrative rules of the State Bar or by statute, the council may enter an order suspending the member from the practice of law. The order shall be effective 30 days after proof of service on the member. A copy of the order shall be served on the member pursuant to Rule 4 of the North Carolina Rules of Civil Procedure and may be served by a State Bar investigator or any other person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process.
(d) (e) Procedure Upon Submission of a Timely Response to a Notice to Show Cause
(1) Consideration by Administrative Committee.
If a member submits a written response to a notice to show cause within 30 days of the service of the notice upon the member, the Administrative Committee shall consider the matter at its next regularly scheduled meeting. The member may personally appear at the meeting and be heard, may be represented by counsel, and may offer witnesses and documents. The counsel may appear at the meeting on behalf of the State Bar and be heard, and may offer witnesses and documents. The burden of proof shall be upon the member to show cause by clear, cogent, and convincing evidence why the member should not be suspended from the practice of law for the apparent failure to comply with the rules regarding payment of the annual membership fee, late fee, Client Security Fund assessment, and/or any district bar annual membership fee, and/or the apparent failure to pay costs assessed against the member as required by a notice of the chairperson of the Grievance Committee, an order of the Disciplinary Hearing Commission, and/or a notice of the secretary or council of the North Carolina State Bar, and/or the apparent failure to file a certificate of insurance coverage and/or a pro hac vice registration statement to fulfill an obligation of membership in the State Bar as established by the administrative rules of the State Bar or by statute.
(2) Recommendation of Administrative Committee
The Administrative Committee shall determine whether the member has shown cause why the member should not be suspended. If the committee determines that the member has failed to show cause, the committee shall recommend to the council that the member be suspended.
(3) Order of Suspension
Upon the recommendation of the Administrative Committee, the council may enter an order suspending the member from the practice of law. The order shall be effective 30 days after proof of service on the member. A copy of the order shall be served on the member pursuant to Rule 4 of the North Carolina Rules of Civil Procedure and may be served by a State Bar investigator or any other person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process.
(e) (f)Late Tender of Membership Fees, Assessed Costs, or Certificate of Insurance Coverage Compliance
If a member tenders to the North Carolina State Bar the annual membership fee, the $30 late fee, Client Security Fund assessment, any district bar annual membership fee, and/or any costs assessed against the member by the chairperson of the Grievance Committee, the Disciplinary Hearing Commission, and/or the secretary or council of the North Carolina State Bar and/or overdue certificate of insurance coverage and/or the pro hac vice registration statement fulfills the obligation of membership before a suspension order is entered by the council, no order of suspension will be entered.
(g) Administrative Suspension Pursuant to Statute.
The provisions of this rule notwithstanding, if any section of the North Carolina General Statutes requires suspension of an occupational license, the procedure for suspension pursuant to such statute shall be as established by the statute. If no procedure is established by said statute, then the procedures specified in this rule shall be followed.
Proposed Amendment to Rules on Classes of Membership
27 N.C.A.C. 1A, Section .0200, Membership-Annual Membership Fee
27 N.C.A.C. 1D, Section .0900, Procedures for Administrative Committee
Amendment Pending Approval of the Supreme Court
The proposed amendments accommodate revisions to N.C.G.S. A784-8 and A784-16 by providing procedures for inactive
Subchapter 1A, Section .0200, Membership-Annual Membership Fee
.0201 Classes of Membership
(a) Two Classes of Membership
Members of the North Carolina State Bar shall be divided into two classes: active members and inactive members.
(b) Active Members
...
(c) Inactive Members
(1) The inactive members shall include:
(A) all persons who have been admitted to the practice of law in North Carolina but who the council has found are not engaged in the practice of law or holding themselves out as practicing attorneys and who do not occupy any public or private position in which they may be called upon to give legal advice or counsel or to examine the law or to pass upon the legal effect of any act, document, or law, and
(B) those persons granted emeritus pro bono status by the council and allowed to represent indigent clients on a pro bono basis under the supervision of active members working for nonprofit corporations organized pursuant to Chapter 55A of the General Statutes of North Carolina for the sole purpose of rendering legal services to indigents.
(2) Inactive members of the North Carolina State Bar may not practice law, except as provided in this rule for persons granted emeritus pro bono status, and are exempt from payment of membership dues during the period in which they are inactive members. For purposes of the State Bar's membership records, the category of inactive members shall be further divided into the following subcategories:
(A)(1) Retired/nonpracticing
This subcategory includes those members who are not engaged in the practice of law or holding themselves out as practicing attorneys and who are retired, hold positions unrelated to the practice of law, or practice law in other jurisdictions.
(B)(2) Disability inactive status
This subcategory includes members who suffer from a mental or physical condition which significantly impairs the professional judgment, performance, or competence of an attorney, as determined by the courts, the council, or the Disciplinary Hearing Commission.
(C)(3) Disciplinary suspensions/disbarments
This subcategory includes those members who have been suspended from the practice of law or who have been disbarred by the courts, the council, or the Disciplinary Hearing Commission for one or more violations of the Rules of Professional Conduct.
(D)(4) Administrative suspensions
This subcategory includes those members who have been suspended from the practice of law, pursuant to the procedure set forth in Rule .0903 of subchapter 1D, for failure to fulfill the obligations of membership comply with the regulations regarding mandatory continuing legal education, payment of membership fees, or payment of late fees pursuant to these rules.
(E) Emeritus pro bono status
This subcategory includes those members who are permitted by the council to represent indigent persons under the supervision of active members who are employed by nonprofit corporations duly authorized to provide legal services to such persons. This status may be withdrawn by the council for good cause shown pursuant to the procedure set forth in Rule .0903 of subchapter 1D.
Subchapter 1D, Section .0900, Procedures for Administrative Committee
.0901 Transfer to Inactive Status
(a) Petition for Transfer to Inactive Status
...
(b) Conditions Upon Transfer
No member may be voluntarily transferred to disability-inactive status, or retired/nonpracticing status, or emeritus pro bono status until:
(1) the member has paid all membership fees, surcharges, Client Security Fund assessments, late fees, and costs assessed by the North Carolina State Bar or the Disciplinary Hearing Commission, as well as all past due fees, fines and penalties owed to the Board of Continuing Legal Education; and
(2) all grievances and disciplinary matters pending against the member have been finally resolved the member acknowledges that the member continues to be subject to the Rules of Professional Conduct and to the disciplinary jurisdiction of the State Bar including jurisdiction in any pending matter before the Grievance Committee or the Disciplinary Hearing Commission; and,
(3) in the case of a member seeking emeritus pro bono status, it is determined by the Administrative Committee that the member is in good standing, is not the subject of any matter pending before the Grievance Committee or the Disciplinary Hearing Commission, and will be supervised by an active member employed by a nonprofit corporation qualified to render legal services pursuant to G.S. 84-5.1.
(c) Order Transferring Member to Inactive Status
Upon receipt of a petition which satisfies the provisions of Rule .0901(a) above, the council may, in its discretion, enter an order transferring the member to inactive status and, where appropriate, granting emeritus pro bono status. The order shall become effective immediately upon entry by the council. A copy of the order shall be mailed to the member.
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.0905 Pro Bono Practice by Out of State Lawyers
(a) A lawyer licensed to practice in another state but not
(1) the petitioner's name and address;
(2) the state(s) in which the petitioner is or has been licensed and the date(s) when the petitioner was licensed;
(3) the name of a member who is employed by a nonprofit corporation qualified to render legal services pursuant to G.S. 84-5.1 and has agreed to supervise the petitioner; and
(4) any other matters pertinent to the petition as determined by the council.
(b) Along with the petition, the petitioner shall provide in writing:
(1) a certificate of good standing from each jurisdiction in which the petitioner has been licensed;
(2) a record of any professional discipline ever imposed against the petitioner;
(3) a statement from the petitioner that the petitioner is submitting to the disciplinary jurisdiction of the North Carolina State Bar, and will be governed by the North Carolina Rules of Professional Conduct in regard to any law practice authorized by the council in consequence of the petition; and
(4) a statement from the member identified in the petition agreeing to supervise the petitioner in the provision of pro bono legal services exclusively for indigent persons.
(c) The petition shall be referred to the Administrative Committee for review. After reviewing the petition and other pertinent information, the committee shall make a recommendation to the council regarding whether the petition should be granted.
(d) Upon receipt of a petition and other information satisfying the provisions this rule, the council may, in its discretion, enter an order permitting the petitioner to provide legal services to indigent persons on a pro basis under the supervision of a member employed by a nonprofit corporation qualified to render legal services pursuant to G.S. 84-5.1. The order shall become effective immediately upon entry by the council. A copy or the order shall be mailed to the petitioner and to the supervising member. No person permitted to practice pursuant to such an order shall pay any membership fee to the North Carolina State Bar or any district bar or any other charge ordinarily imposed upon active members, nor shall any such person be required to attend continuing legal education courses.
Proposed Amendments to Rules on the Organization of Judicial District Bars
27 N.C.A.C. 1A, Section .0900 Organization of the Judicial District Bars
Amendment Pending Approval of the Supreme Court
The proposed amendments state the correct amount of the late fee for delinquent payment of judicial district bar dues as established by N.C.G.S. A784-18.1. The proposed amendments also eliminate the incorrect inference that the State Bar grants waivers of the annual membership fee, and clarify that a district bar may waive the late fee upon a showing of good cause.
.0902 Annual Membership Fee
If a judicial district bar elects to assess an annual membership fee from its active members pursuant to N.C.G.S. A784-18.1(b), the following procedures shall apply:
(a) Notice to State Bar.
...
(d) Late Fee. Each judicial district bar may impose but shall not be required to impose a late fee of any amount not to exceed thirty fifteen dollars ($30.00) ($15.00) for non-payment of the annual membership fee on or before the stated delinquency date.
(e) Members Subject to Assessment.
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(f) Hardship Waivers. A judicial district bar may not grant any waiver from the obligation to pay the judicial district bar's annual membership fee or any late fee. unless the lawyer requesting the waiver is granted a waiver of the lawyer's annual membership fee to the North Carolina State Bar for the comparable period. A judicial district bar may waive the late fee upon a showing of good cause.
(g) Reporting Delinquent Members to State Bar.
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Proposed Amendments to Model District Bar Bylaws
27 N.C.A.C. 1A, Section .1000, Model Bylaws for Use by Judicial District Bars
Amendment Pending Approval of the Supreme Court
The proposed amendments add a standing committee on professionalism to the model bylaw on the committees of a judicial district bar.
.1010 Committees
(a) Standing committee(s): The standing committees shall be the Nominating Committee, Pro Bono Committee, Fee Dispute Resolution Committee, and Grievance Committee, and Professionalism Committee provided that, with respect to the Fee Dispute Resolution Committee and the Grievance Committee, the district meets the State Bar guidelines relating thereto.
(b) Fee Dispute Resolution Committee:
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(g) Professionalism Committee:
(1) The Professionalism Committee shall consist of the three immediate past presidents of the district bar or such other members of the district bar as shall be appointed by the president.
Proposed Amendments to the Rules Governing the Practical Training of Law Students
27 N.C.A.C. 1C, Section .0200 Rules Governing Practical Training of Law Students
Amendment Pending Approval of the Supreme Court
The proposed amendments accommodate revisions to N.C.G.S. A784-8 which expand practice opportunities for student interns employed by or clerking at government agencies. The proposed amendments also permit internships with clinical programs at law schools seeking accreditation.
.0201 Purpose
The following rules are adopted to encourage law schools to provide their students with supervised practical training of varying kinds during the period of their formal legal education and to enable law students to obtain supervised practical training while serving as legal interns for government agencies.
.0202 Definitions
The following definitions shall apply to the terms used in this section:
(1) Legal aid clinic - A department, division, program or course in a law school, approved by the Council of the North Carolina State Bar, which operates under the supervision of an active member of the State Bar and renders legal services to eligible persons.
(1) (2) Eligible persons - Persons who are unable financially to pay for the legal services of an attorney, as determined by a standard established by a judge of the General Court of Justice, a legal services corporation, or a law school legal aid clinic providing representation. "Eligible persons" includes non-profit organizations serving low-income communities.
(2) Government agencies-The federal or state government, any local government, or any agency, department, unit, or other entity of federal, state, or local government, specifically including a public defender's office or a district attorney's office.
(3) Law school-An
(4) Legal aid clinic - A department, division, program, or course in a law school that operates under the supervision of an active member of the State Bar and renders legal services to eligi