North Carolina State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the North Carolina State Bar, with full citations and source links on every page.
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When does a lawyer have a 'prior professional relationship' that allows in-person solicitation, and when must a firm's mailing be labeled an advertisement?
The opinion concluded a 'prior professional relationship' means an actual personal attorney-client relationship, so a lawyer could solicit clients he personally served but not clients served only by h…
Can a lawyer operate a private lawyer referral service with only one participating attorney, or with attorneys who only share advertising costs?
No. The opinion concluded that advertising a private lawyer referral service with only one participant was misleading, so the service could not operate until at least one other attorney joined, and a …
Can a lawyer provide legal services to a prepaid legal services plan owned by the lawyer's spouse or family that markets through in-person or telephone solicitation?
The opinion concluded that a lawyer may participate in a prepaid plan that uses in-person or telephone solicitation only if the lawyer does not own or direct it, so a lawyer may not serve a plan owned…
Can a law firm with offices only in North Carolina submit a directory listing that includes attorneys in the firm who are not licensed in North Carolina?
The opinion concluded that a firm maintaining offices only in North Carolina may not submit biographical information to a legal directory about firm attorneys who are not licensed in North Carolina, b…
Can a board-certified legal specialist advertise using variations of the official specialty designations rather than the exact wording?
The opinion concluded that a board-certified specialist may use variations of the official designations so long as the variations are not false, misleading, or deceptive, because nonmisleading variati…
Can a lawyer hold public seminars about accidents to attract clients, and may staff phone or mail invitations to the public?
The opinion concluded that the lawyer may hold the seminars and may mail invitations to people chosen randomly from the phone book or by bulk occupant mailing, but may not telephone people to invite t…
Could a law firm mail personalized letters offering its services to people who had asked the Chamber of Commerce about relocating to the area?
The opinion concluded that the firm could not, because the personally addressed letters to prospective newcomer clients were prohibited written solicitation under the then-current Rule 2.4(b) and did …
Can a North Carolina firm list a renowned law professor licensed only in another state on its letterhead as 'of counsel' or as a 'consulting attorney'?
The opinion concluded that the firm may not list the professor either way, because he is not licensed in North Carolina and maintains no office or practice in the state where he is licensed, so any su…
May a North Carolina firm with offices only in NC list a 'corresponding' foreign lawyer on its letterhead when that lawyer is not a partner, associate, or of counsel?
The opinion concluded that a North Carolina firm with offices only in the state may not list a 'corresponding French lawyer' or similar non-licensed person on its letterhead, because such a listing is…
Can a lawyer cold-call companies, or have a company's bank or accountant set up a pitch meeting, to solicit the company's legal business?
The opinion concluded that cold calls and approaches routed through a company's bank or accountant to solicit its business are prohibited solicitation for pecuniary gain; even in a permissible meeting…
Can a group of lawyers hire a for-profit corporation to advertise their availability and refer responding clients to them for a fixed annual fee?
The opinion concluded that lawyers may use a for-profit corporate advertising and referral agent if the conditions of Rule 2.2 are met: the agent's fee is reasonable, ads are paid from the lawyers' fe…
Can a lawyer contact a specific business in person, by phone, or by mail to pitch the firm's services and fees, hoping to be hired, with no prior relationship?
The opinion concluded that the lawyer may not make such targeted contacts to specific businesses, in person, by telephone, or by mail, where a significant motive is pecuniary gain and there is no prio…
Can a lawyer with a Juris Doctor degree call himself 'Doctor' or 'Dr.' and sign his name that way?
The opinion concluded that, because it is not normal practice to refer to a Juris Doctor degree as a doctorate or to call a JD-holding lawyer 'Doctor,' using those terms without explanation could be m…
Can lawyers, including a young lawyers association, ask a lending institution or title insurer to review their qualifications and add them to its approved list for title searches?
The opinion concluded that lawyers, whether or not young and whether or not in an association, may ethically request a lending institution or title insurance company, agency, or agent to review their …
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Legal ethics opinions from the North Carolina State Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.