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SUBCHAPTER D

Rules of the Standing Committees of the North Carolina State Bar

Section .0100 Procedures for Ruling on Questions of Legal Ethics

.0101 Definitions

(1) "Assistant executive director" shall mean the assistant executive director of the Bar.


(2) "Attorney" shall mean any active member of the Bar.


(3) "Bar" shall mean the North Carolina State Bar.


(4) "Chairperson" shall mean the chairperson, or in his or her absence, the vice-chairperson of the Ethics Committee of the Bar.


(5) "Committee" shall mean the Ethics Committee of the Bar.


(6) "Council" shall mean the council of the Bar.


(7) "Ethics advisory" shall mean a legal ethics opinion issued in writing by the executive director, the assistant executive director, or a designated member of the Bar's staff counsel. All ethics advisories shall be subsequently reviewed and approved, withdrawn or modified by the committee. Ethics advisories shall be designated by the letters "EA", numbered by year and order of issuance, and kept on file at the Bar.


(8) "Ethics decision" shall mean a written ethics opinion issued by the council in response to a request for an ethics opinion which, because of its special facts or for other reasons, does not warrant issuance of a formal ethics opinion. Ethics decisions shall be designated by the letters "ED", numbered by year and order of issuance, and kept on file at the Bar.


(9) "Executive director" shall mean the executive director of the Bar.


(10) “Formal ethics opinion” shall mean a published opinion issued by the council to provide ethical guidance for attorneys and to establish a principle of ethical conduct. A formal ethics opinion adopted under the Revised Rules of Professional Conduct (effective July 24, 1997, and as comprehensively revised in 2003) shall be designated as a “Formal Ethics Opinion” and numbered by year and order of issuance. Formal ethics opinions adopted under the repealed Rules of Professional Conduct (effective October 7, 1985 to July 23, 1997) are designated by the letters “RPC” and numbered serially. Formal ethics opinions adopted under the repealed Code of Professional Conduct (effective January 1, 1974 to October 6, 1985) are designated by the letters “CPR” and numbered serially. Formal ethics opinions adopted under the repealed Rules of Professional Conduct and the repealed Code of Professional Conduct are binding unless overruled by a provision of the Bar's current code of ethics; a revision of the rule of ethics upon which the opinion is based; or a subsequent formal ethics opinion on point.


(11) “Grievance Committee” shall mean the Grievance Committee of the Bar.


(12) “Informal ethics advisory” shall mean an informal ethics opinion communicated verbally or via electronic mail by the executive director, the assistant executive director, or a designated member of the Bar's staff counsel. A written record documenting the name of the inquiring attorney, the date of the informal ethics advisory, and the substance of the advice given shall be kept on file at the Bar. An informal ethics advisory is not binding upon the Bar in a subsequent disciplinary proceeding.


(13) “President” shall mean the president of the Bar, or, in his or her absence, the presiding officer of the council.


(14) “Published” shall mean published for comment in the North Carolina State Bar Newsletter (prior to fall 1996), the North Carolina State Bar Journal (fall 1996 and thereafter) or other appropriate publication of the North Carolina State Bar.


(15) “Revised Rules of Professional Conduct” shall mean the code of ethics of the Bar effective July 24, 1997, and as comprehensively revised in 2003.

History Note: Statutory Authority G.S. 84-23

Readopted Effective December 8, 1994

Amended March 5, 1998, February 5, 2004


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