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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May a lawyer who serves as the trustee in a foreclosure act as advocate for the lender or the borrower at any stage of the proceeding?
The opinion concluded that the trustee/attorney cannot ethically act as advocate for either the lender or the borrower at any stage of the foreclosure, because as trustee he owes a fiduciary duty to b…
When a deed-of-trust foreclosure becomes contested, can the lawyer who is trustee, or his firm, also represent the foreclosing bank on appeal and in related suits?
The opinion concluded that the lawyer-trustee or his firm may not represent the bank in the contested appeal or related litigation, but may represent the trustee; if the lawyer resigns as trustee and …
Can a lawyer who is guardian for an incompetent ward also examine the title for the buyer and lender when the ward's land is sold?
The opinion concluded that the lawyer-guardian should decline to examine the title for the purchaser and lending institution, because the ward (the real party in interest) cannot give meaningful conse…
When a client fires a lawyer and hires a new one, must the discharged lawyer turn over the entire file, including his own work product?
The opinion concluded that a discharged or withdrawing lawyer must deliver the papers and property to which the client is entitled, and generally anything helpful to the new lawyer, but need not turn …
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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.