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.
Summaries and commentary on Formal Ethics Opinions from the January 2016 Quarterly Meeting of the North Carolina State Bar
Commentary by Regan Gatlin, Ethics Editor
Summaries and commentary on Formal Ethics Opinions from the October 2015 Quarterly Meeting of the North Carolina State Bar
- Authority to Discuss Former Client’s Appellate Case with Successor Lawyer
- Lawyer’s Professional Responsibility When Third Party Steals Funds from Trust Account
- Prior Business Relationships Permit In-Person Solicitation
Commentary by Ana Hopper, Editor in Chief
Summaries and commentary on Formal Ethics Opinions from the July 2015 Quarterly Meeting of the North Carolina State Bar
- Advising a Civil Litigation Client about Social Media
- Use of Tester in an Investigation that Serves a Public Interest
- Disclosing Potential Malpractice to a Client
Commentary by Ana Hopper, Editor in Chief, and Regan Gatlin, Ethics Editor
Summaries and commentary on Formal Ethics Opinions from the April 2015 Quarterly Meeting of the North Carolina State Bar
- Preparing Pleadings and Other Filings for an Unrepresented Opposing Party
- Lawyer Owned Adoption Agency
- Offering Prospective Client a Computer Tablet in Direct Mail Solicitation
- Preparing Waiver of Right to Notice of Foreclosure for Unrepresented Borrower
Commentary by Ana Hopper, Editor in Chief, and Regan Gatlin, Ethics Editor
Summaries and commentary on Formal Ethics Opinions from the January 2015 Quarterly Meeting of the North Carolina State Bar
- Representation of Parties to a Commercial Real Estate Loan Closing
- Accepting an Invitation from a Judge to Connect on LinkedIn
Commentary by Ana Hopper, Editor in Chief
Summaries and commentary on Formal Ethics Opinions from the October 2014 Quarterly Meeting of the North Carolina State Bar
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Providing Incarcerated Defendant with Opportunity to Review Discovery Materials
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Use of North Carolina Subpoena to Obtain Documents from Foreign Entity or Individual
Commentary by Ana Hopper, Editor in Chief
Summaries and commentary on Formal Ethics Opinions from the July 2014 Quarterly Meeting of the North Carolina State Bar
- Advising a Civil Litigation Client About Social Media
- Duty to Avoid Conflicts When Advising Members of Nonprofit Organization
- Disclosure of Settlement Terms to Former Lawyer Asserting a Claim for Fee Division
- Serving Subpoenas on Health Care Providers Covered by HIPPA
- Responding to the Mental Impairment of Firm Lawyer
Commentary by Ana Hopper, Editor in Chief, and Regan Gatlin, Ethics Editor
Summaries and commentary on Formal Ethics Opinions from the January 2014 Quarterly Meeting of the North Carolina State Bar
- Providing Defendant with Discovery During Representation
- Disbursement Against Funds Credited to Trust Account by ACH and EFT
- Return of Records to Client upon Termination of Representation
Commentary by Tripp Huffstetler, Senior Staff Writer, and Harper Gwatney, Associate Editor
Summaries and commentary on Formal Ethics Opinions from the October 2013 Quarterly Meeting of the North Carolina State Bar
- Copying Represented Persons on Electronic Communications
- Release/Dismissal Agreement Offered by Prosecutor to Convicted Person
- Role of Lawyer for Public Interest Law Organization
- Participation in Online Group Legal Advertising Using Territorial Exclusivity
Commentary by Tripp Huffstetler, Senior Staff Writer, and Harper Gwatney, Associate Editor
Summaries and commentary on Formal Ethics Opinions from the July 2013 Quarterly Meeting of the North Carolina State Bar
- Representation in Purchase of Foreclosed Property
- Disclosure of Confidential Information to Lawyer Serving as Foreclosure Trustee
- State Prosecutor Seeking Order for Arrest for Failure to Appear When Defendant is Detained by ICE
- Sharing Fee from Tax Appeal with Nonlawyer
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.