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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Can one law firm represent both the substitute trustee under a deed of trust and the lender in a bankruptcy adversary proceeding seeking relief from the automatic stay?
The opinion concluded the firm may not represent both, because the trustee must preserve the interests of both lender and borrower while the lender is an adversary of the debtor, so advocating for the…
If a lawyer sits on a city council, county board, or legislature, what must the lawyer and the lawyer's partners do when the firm appears before that body?
The opinion set out recusal duties for a lawyer-member when his firm appears before his board, and barred the firm from representing that board; it was later overruled in part by RPC 130, which allows…
Can a lawyer who is the trustee under a deed of trust represent one of the parties in a partition proceeding that involves the lender and the trustee?
The opinion concluded the lawyer-trustee may not represent the party unless he first resigns as trustee, because the trustee is a fiduciary to both lender and borrower and cannot be both a party in th…
Can a firm that regularly does insurance defense work take plaintiff's cases against defendants insured by those same insurance companies?
The opinion concluded that the firm represents both the insured and the insurer, and may take a plaintiff's case against an insurer's insured without the insurer's consent if the plaintiff gives infor…
Can a North Carolina lawyer certify title or give a title opinion on real property the lawyer (or the lawyer's firm) personally owns, is selling, or is buying?
The opinion concluded that a lawyer or the lawyer's firm may not certify title when the lawyer is the seller or has a beneficial interest in the selling entity, but may certify title on a purchase or …
If a lawyer sits on a city council or county commission, are the lawyer's partners and associates disqualified from cases in which a police officer of that government unit will testify?
The opinion concluded that the partners and associates are not automatically disqualified when the governing board is not directly involved in hiring, firing, or setting salaries of the police officer…
Can a lawyer also work as an insurance salesman, sell insurance to his legal clients, and prepare wills for his insurance customers?
The opinion concluded that a lawyer may both practice law and sell insurance, but may not sell life insurance to a client for whom he is preparing a will, trust, or estate plan, and may prepare wills …
When a foreclosure that started uncontested becomes contested at the hearing, what must the lawyer-trustee do, and can his firm or staff take a side?
The opinion concluded that the lawyer-trustee must act as a neutral fiduciary for both parties; while he is trustee no member of his firm may represent the petitioning party, and a lawyer whose firm s…
If a foreclosure becomes contested, can the attorney-trustee resign, have the lender appoint a substitute trustee, and then represent the lender in the foreclosure?
The opinion concluded that the attorney may represent the lender in all further foreclosure proceedings after resigning as trustee and the lender appoints a substitute, so long as the attorney has no …
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…
Can a lawyer who owns a substantial interest in a title insurance company certify title to that company in a real estate deal and take compensation from it?
The opinion concluded that it is unethical for a lawyer who owns a substantial interest, directly or indirectly, in a title insurance company, agency, or agent to certify title to it in a real estate …
In a routine residential loan and sale, can one lawyer represent the borrower and the lender (and handle the seller's deed), and what must the lawyer disclose?
The opinion concluded that a lawyer may represent both borrower and lender in the usual residential loan transaction, but must give timely notice to anyone he does not intend to represent (or be deeme…
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…
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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.