Proposed Ethics Opinions
When there is an ethics inquiry that is a matter of first impression, cannot be answered with an ethics advisory, or may be of concern to the general membership of the bar, a written inquiry will be presented to the Ethics Committee at its next quarterly meeting. If the Committee decides that the written inquiry should be published as a proposed ethics opinion, then the opinion will be published in the State Bar Journal and on the State Bar’s website. This publication is made in order to give interested parties an opportunity to comment on the opinion or request to be heard. Following comment, the opinion may go through a “reconsideration” process or it may be adopted as a formal ethics opinion.
Summaries and commentary on the Proposed Ethics Opinions from the January 2016 Quarterly Meeting of the North Carolina State Bar
- Duty of Defense Counsel Appointed after Defendant Files Pro Se Motion for Appropriate Relief : Proposed 2016 Formal Ethics Opinion 2
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Negotiating Private Employment with Opposing Counsel: Proposed 2016 Formal Ethics Opinion 3
Commentary by Katelyn Heath, Ethics Editor, and Kendra Alleyne, Associate Editor.
Summaries and commentary on the Proposed Ethics Opinions from the January 2016 Quarterly Meeting of the North Carolina State Bar
Commentary by Katelyn Heath, Staff Writer
Summaries and commentary on the Proposed Ethics Opinions from the October 2015 Quarterly Meeting of the North Carolina State Bar
- Protecting Confidential Client Information When Mentoring. This proposed opinion was adopted at the January 2016 State Bar Quarterly Meeting.
- Holding Out Non-Equity Firm Lawyers as “Partners”[Proposed 2015 Formal Ethics Opinion 9]
Commentary by Ana Hopper, Editor in Chief, and Regan Gatlin, Ethics Editor
Summaries and commentary on the Proposed Ethics Opinions from the July 2015 Quarterly Meeting of the North Carolina State Bar
- Lawyer’s Professional Responsibility When Third Party Steals Funds from Trust Account. This proposed opinion was adopted at the October 2015 State Bar Quarterly Meeting.
- Authority to Discuss Former Client’s Appellate Case with Successor Lawyer. This proposed opinion was adopted at the October 2015 State Bar Quarterly Meeting.
- Prior Business Relationships Permit In-Person Solicitation. This proposed opinion was adopted at the October 2015 State Bar Quarterly Meeting.
- Representing One Spouse on Domestic and Estate Matters after Representing Both Spouses Jointly [Proposed 2015 Formal Ethics Opinion 8]
Commentary by Ana Hopper, Editor in Chief
Summaries and commentary on the Proposed Ethics Opinions from the April 2015 Quarterly Meeting of the North Carolina State Bar
- Private Lawyer Use of Misrepresentation in Investigation that Serves a Public Interest. This proposed opinion was adopted at the July 2015 State Bar Quarterly Meeting.
- Protecting Confidential Client Information When Mentoring [Proposed 2014 Formal Ethics Opinion 1]
- Notice to Parents to Seeking Nonsecure Custody Order [Proposed 2014 Formal Ethics Opinion 11]
- Disclosing Potential Malpractice to a Client. This proposed opinion was adopted at the July 2015 State Bar Quarterly Meeting.
Commentary by Ana Hopper, Editor in Chief, and Regan Gatlin, Ethics Editor
Summaries and commentary on the Proposed Ethics Opinions from the January 2014 Quarterly Meeting of the North Carolina State Bar
- Protecting Confidential Client Information when Mentoring [Proposed 2014 Formal Ethics Opinion 1]
- Dual Representation of Trustee and Secured Creditor in Contested Foreclosure. This proposed opinion was adopted at the April 2014 State Bar Quarterly Meeting.
- Pro Bono Legal Services Provided by Government and Public Sector Lawyers. This proposed opinion was adopted at the April 2014 State Bar Quarterly Meeting.
Commentary by Tripp Huffstetler, Senior Staff Writer, and Harper Gwatney, Associate Editor
Summaries and commentary on the Proposed Ethics Opinions from the October 2013 Quarterly Meeting of the North Carolina State Bar
- Providing Defendant with Discovery During Representation. This Proposed Opinion was adopted at the January 2014 State Bar Quarterly Meeting
- Disclosure of Settlement Terms to Former Lawyer Asserting a Claim for Fee Division [Proposed 2013 Formal Ethics Opinion 12]
- Disbursement Against Funds Credited to Trust Account by ACH and EFT. This Proposed Opinion was adopted at the January 2014 State Bar Quarterly Meeting
- Representation of Parties to a Commercial Real Estate Loan Closing [Proposed 2013 Formal Ethics Opinion 14]
- Return of Electronic Records to Client upon Termination of Representation. This Proposed Opinion was adopted at the January 2014 State Bar Quarterly Meeting
Commentary by Tripp Huffstetler, Senior Staff Writer, and Harper Gwatney, Associate Editor
For more information on how the State Bar rules on questions of legal ethics, refer to the North Carolina State Bar’s website.