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View the Proposed Ethics Opinion in Full Here. The NC Bar received inquiries about representing individual spouse on certain matters, when the lawyer has previously represented both spouses jointly in other legal matters. As the opinion mentions, there are many areas of law in which a lawyer can, and often does, represent spouses jointly—preparation of reciprocal wills, closing on the purchase of the martial home, or creation of a corporation for a family-owned business. Thus, the
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View the Formal Ethics Opinion in Full Here. The North Carolina State Bar received a request for an interpretation of Rule 7.3(a) in regards to prior professional relationships. Generally, Rules 7.3(a) states that lawyers are prohibited from soliciting professional employment from a potential client in-person, by live telephone, or through real-time electronic contact. However, Rule 7.3(a) contains several exceptions, including a prior professional relationship, which permits the lawyer to
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California recently reached a settlement agreement in a lawsuit filed by prisoners who had been indefinitely placed in solitary confinement that aims at returning thousands of isolated prisoners to general population.
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Indiana State Police and FBI investigations reveal Former subway representative, Jared Fogle, actively participated in possessing and distributing child pornography along with traveling to different states and countries to engage in sexual acts with minors.
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By: Meredith Mercer, 3L at Campbell University School of Law
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The University of Tennessee sent a memo to its students and faculty requesting that everyone use inclusive pronouns when referring to students, instead of traditional binary pronouns.
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By: Jared Simmons, 2L at Campbell University School of Law
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Religious freedom is not an excuse for discrimination, says the Colorado Court of Appeals.
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Congressional Democrats introduce a new bill, the Equality Act, which seeks to amend the Civil Rights Act of 1964 and provide sweeping protections for sexual and gender minorities across America.
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Two thirteen-year-old girls are being tried as adults after brutally stabbing a twelve-year-old in order to prove their loyalty to the fictional character “Slender Man.”
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View the Formal Ethics Opinion in Full Here. At its October 23, 2015 meeting, the North Carolina State Bar adopted Proposed FEO 6 which addressed several inquiries regarding the professional responsibility of a lawyer when funds are stolen from a lawyer’s trust account by a third party not employed or supervised by the lawyer. Generally, this opinion rules that the lawyer will not be professionally responsible for replacing funds stolen from the trust account, so long as the lawyer was
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View the Proposed Ethics Opinion in Full Here. The North Carolina State Bar voted to formalize Proposed 2015 Formal Ethics Opinion 4 at its meeting on July 17, 2015. Formal Ethics Opinion 2015 FEO 4 rules that due to the seriousness of professional malpractice potential on a client’s case and well-being, the duty to disclose whether an error might constitute legal malpractice depends on where it falls on a spectrum of the duty to keep the client reasonable informed about his legal matter
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View the Formal Ethics Opinion in Full Here. Generally, lawyers representing a client during the pre-conviction stages of a case have a vastly different relationship with the client—more personal contact and more irrelevant confidential information exposed—than lawyers representing a client during post-conviction stages of a case. As such, the North Carolina Bar opines in Proposed 2015 Formal Ethics Opinion 5 that during appellate proceedings, a discharged lawyer is allowed to discuss a
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View the Formal Ethics Opinion in Full Here. The Ethics Committee voted to adopt and retitle 2014 Formal Ethics Opinion 9 at its meeting on July 16, 2015. The inquiry that led to the opinion concerned a situation where a lawyer wanted to retain a private investigator to look into his client’s former employer for an alleged violation of the North Carolina Wage and Hour Act. However, in order to fully investigate the employer’s payment practices, the private investigator wanted to use
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View the Formal Ethics Opinion in Full Here The North Carolina State Bar Council decided to withdraw 2014 Formal Ethics Opinion 5 Advising a Client About Social Media that was adopted July 25, 2014. Instead, at its July 17, 2015 meeting, the State Bar released a substitute opinion for 2014 FEO 5. According to the opinion, if the client’s social media postings could be relevant and material to that client’s legal matter, a lawyer must advise the client about the legal ramifications of
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