Proposed 2014 Formal Ethics Opinion 11: Notice to Parents Seeking Nonsecure Custody Order

June 14, 2015

View the Proposed Ethics Opinion in Full Here Editor’s Note: At its meeting on July 17, 2015, the Ethics Committee voted to withdraw this opinion without substitution in light of recently adopted legislation that resolves the issue of professional responsibility raised in the proposed opinion. Proposed Ethics Opinion 2014 FEO 11, republished at the NC Bar’s April meeting, rules that a Department of Social Services (DSS) attorney must follow legal notice requirements when filing a [...]

2014 Formal Ethics Opinion 10: Lawyer Owned Adoption Agency

June 14, 2015

View the Formal Ethics Opinion in Full Here The Formal Ethics Opinion 2014 FEO 10, republished during the April 2015 meeting, rules that a lawyer who handles adoptions as part of her or his law practice and also owns a financial interest in a for-profit adoption agency may, with informed consent, represent an adopting couple who is utilizing the services of his or her adoption agency.  However, the lawyer may not represent the biological parents, just the adoptive parents. In such a situation, [...]

2015 Formal Ethics Opinion 1: Preparing Pleadings and Other Filings for an Unrepresented Opposing Party

May 23, 2015

View the Formal Ethics Opinion in Full Here In response to several inquiries as whether a lawyer may prepare pleadings or other fillings for a pro se opposing party in a civil proceeding, the State Bar released 2015 FEO 1 at its meeting on April 17, 2015.  The Bar notes that this opinion is limited to pleadings and filings in pending case at trial, and does not address closing a business transaction or other formal trial proceedings. The opinion officially rules that it is a violation of Rule [...]

2014 Formal Ethics Opinion 7: Use of North Carolina Subpoena to Obtain Documents from Foreign Entity or Individual

May 23, 2015

View the Formal Ethics Opinion in Full Here At its October 24, 2014 meeting, the North Carolina State Bar released 2014 FEO 7 that rules a lawyer may provide a foreign entity or individual with a North Carolina subpoena.  If a lawyer needs to obtain medical records from an individual out of state or a foreign entity, then a subpoena may be used.  However, the lawyer should not mislead the recipient of their authority to require the production of documents, as it is a violation of Rule [...]

2013 Formal Ethics Opinion 8: Responding to the Mental Impairment of Firm Lawyer

May 23, 2015

View the Formal Ethics Opinion in Full Here After receiving inquiries about the responsibilities a partner or supervising lawyer has to a firm lawyer that has mental impairment, the North Carolina State Bar adopted 2013 FEO 8 at its July 25, 2014 meeting.  Within this opinion, mental impairment includes diminished capacity due to age, depression, and substance abuse problems. Diminished Capacity Rule 1.1 mandates that a lawyer must competently represent a client; therefore, mental impairment [...]

02.24.2014 Censure [Orange County]

May 23, 2015

On January 23, 2014 the Grievance Committee of the North Carolina State Bar met to consider a grievance filed against Ronald E. Cooley by a former client. The Grievance Committee issue a censure after finding that Cooley: (1) failed to attend a deposition in violation of Rule 1.3, (2) failed to communicate with his client about opposing party’s discovery requests in violation of Rule 1.4, (3) failed to make a diligent effort to comply with discovery requests in violation of Rule 3.4(d)(2), [...]
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