Formal Ethics Opinions
A proposed ethics opinion becomes a formal ethics opinion once it has been considered and approved by the Council of the North Carolina State Bar. The approval process takes place at the quarterly meeting immediately following publication of the proposed opinion. A proposed opinion may go through the “reconsideration” process several times before it is ultimately adopted as a formal ethics opinion.
In the absence of disclosure, an attorney may not later represent another party in a “substantially related matter” if the information the attorney received while previously acting as trustee is “material to the matter.”
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Ethical duties of a lawyer representing both the buyer and the seller in the purchase of a foreclosure property, and of a lawyer when the representation is limited to the seller.
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