Definitions

Admonition – “a written form of discipline imposed in cases in which an attorney has committed a minor violation of the Rules of Professional Conduct.” Subchapter B, Section .0103(1), Discipline and Disability Rules.

Censure – “a written form of discipline more serious than a reprimand issued in cases in which an attorney has violated one or more provisions of the Rules of Professional Conduct and has caused significant harm or potential significant harm to a client, the administration of justice, the profession, or a member of the public, but the misconduct does not require suspension of the attorney’s license.” Subchapter B, Section .0103(5), Discipline and Disability Rules.

Commission – “the Disciplinary Hearing Commission of the North Carolina State Bar.”  Subchapter B, Section .0103(8), Discipline and Disability Rules.

Complainant or complaining witness – “any person who has complained of the conduct of any member of the North Carolina State Bar to the North Carolina State Bar.”  Subchapter B, Section .0103(10), Discipline and Disability Rules.

Complaint – “a formal pleading filed in the name of the North Carolina State Bar with the commission against a member of the North Carolina State Bar after a finding of probable cause.”  Subchapter B, Section .0103(11), Discipline and Disability Rules.

Consent order of disbarment – an order of disbarment wherein the defendant attorney has voluntarily resigned his/her bar license.  For more information on this topic, see Subchapter B, Section .0117(d), Discipline and Disability Rules.

Criminal offense showing professional unfitness – “the commission of, attempt to commit, conspiracy to commit, solicitation or subornation of any felony or any crime that involves false swearing, misrepresentation, deceit, extortion, theft, bribery, embezzlement, false pretenses, fraud, interference with the judicial or political process, larceny, misappropriation of funds or property, overthrow of the government, perjury, willful failure to file a tax return, or any other offense involving moral turpitude or showing professional unfitness.”  Subchapter B, Section .0103(17), Discipline and Disability Rules.

Disbarment – refers to a method of discipline whereby the attorney permanently surrenders his/her law license and may no longer practice law in the state of North Carolina.

Grievance – “alleged misconduct.”  Subchapter B, Section .0103(20), Discipline and Disability Rules.

Grievance Committee – “the Grievance Committee of the North Carolina State Bar or any of its panels acting as the Grievance Committee respecting the grievances and other matters referred to it by the chairperson of the Grievance Committee.”  Subchapter B, Section .0103(21), Discipline and Disability Rules.

Hearing panel – “a hearing panel designated under Rule .0108(a)(2), .0114(d), .0114(x), .0118(b)(2), .0125(a)(6), .0125(b)(7) or .0125(c)(2) of this subchapter.”  Subchapter B, Section .0103(22), Discipline and Disability Rules.

Incapacity or incapacitated – “condition determined in a judicial proceeding under the laws of this or any other jurisdiction that an attorney is mentally defective, an inebriate, mentally disordered, or incompetent from want of understanding to manage his or her own affairs by reason of the excessive use of intoxicants, drugs, or other cause.”  Subchapter B, Section .0103(24), Discipline and Disability Rules.

Informed Consent – “denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation appropriate to the circumstances.” See North Carolina Rule of Professional Conduct 1.0(f).

Investigation – “the gathering of information with respect to alleged misconduct, alleged disability, or a petition for reinstatement.”  Subchapter B, Section .0103(25), Discipline and Disability Rules.

Letter of caution – “communication from the Grievance Committee to an attorney stating that the past conduct of the attorney, while not the basis for discipline, is unprofessional or not in accord with accepted professional practice.”  Subchapter B, Section .0103(28), Discipline and Disability Rules.

Letter of notice – “a communication to a respondent setting forth the substance of a grievance.”  Subchapter B, Section .0103(29), Discipline and Disability Rules.

Letter of warning – “written communication from the Grievance Committee or the commission to an attorney stating that past conduct of the attorney, while not the basis for discipline, is an unintentional, minor, or technical violation of the Rules of Professional Conduct and may be the basis for discipline if continued or repeated.”  Subchapter B, Section .0103(30), Discipline and Disability Rules.

Probable cause – “a finding by the Grievance Committee that there is reasonable cause to believe that a member of the North Carolina State Bar is guilty of misconduct justifying disciplinary action.”  Subchapter B, Section .0103(37), Discipline and Disability Rules.

Reasonable/reasonably – “when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.” See North Carolina Rule of Professional Conduct 1.0(i).

Records of Compliance – “The disbarred or suspended member will keep and maintain records of the various steps taken under this section so that, upon any subsequent proceeding, proof of compliance with this section and with the disbarment or suspension order will be available. Proof of compliance with this section will be a condition precedent to consideration of any petition for reinstatement.”  Subchapter B, Section .0124(e), Discipline and Disability Rules.

Reinstatement – the process of restoring one’s bar license following a suspension or other disciplinary action.  For more on the process of reinstatement, see Subchapter B, Section .0125 of the Discipline and Disability Rules.

Reprimand – “a written form of discipline more serious than an admonition issued in cases in which a defendant has violated one or more provisions of the Rules of Professional Conduct and has caused harm or potential harm to a client, the administration of justice, the profession, or a member of the public, but the misconduct does not require a censure.”  Subchapter B, Section .0103(38), Discipline and Disability Rules.

Rules of Professional Conduct – “the Rules of Professional Conduct adopted by the Council of the North Carolina State Bar and approved by the North Carolina Supreme Court and which were in effect from October 7, 1985 through July 23, 1997.”  Subchapter B, Section .0103(41), Discipline and Disability Rules.

Suspension – refers to a method of discipline whereby the attorney must surrender his or her law license for a period of time. The attorney may not practice law in the state of North Carolina until his or her license is reinstated.