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 a lawyer buy a competing law firm's trade name as a search-engine keyword to trigger its own ads?
It depends on the trade name. The opinion concludes a lawyer may not buy a competitor's unique trade name as an advertising keyword (that is dishonest under Rule 8.4(c)), but may buy a generic, geogra…
Can a North Carolina lawyer offer a prize drawing to people who like, follow, or share the law firm's social media account?
No. If the platform broadcasts a user's like, follow, or share to other users, a lawyer may not offer a prize chance for that activity. The displayed like can be read as a personal recommendation, so …
Can a North Carolina lawyer advertise being named to a 'best,' 'super,' or 'distinguished' lawyer list or organization?
Yes, on conditions. A lawyer may advertise inclusion in a self-laudatory list or organization only if the lawyer pays nothing for the inclusion or accolade itself, the conferring organization made an …
Can a North Carolina lawyer use an online service that solicits client reviews and posts only 4- and 5-star ratings while keeping lower ratings private?
Yes, on conditions. A lawyer may use a review-solicitation service that routes only 4- and 5-star reviews to a public page if the client gives informed consent to releasing contact information and is …
When a North Carolina lawyer is suspended, must the lawyer's name be removed from the law firm name, signage, letterhead, and website?
An actively disciplinary-suspended lawyer's name must be removed within a reasonable time not to exceed three months. If the suspension is stayed the lawyer may practice and the name may stay; for an …
Can a North Carolina lawyer claim a profile on Avvo, Google, or LinkedIn, pay to be listed, and what must the lawyer do about third-party reviews?
A lawyer may claim a profile, pay the reasonable cost of a directory listing, and provide information to a rating system if everything stays truthful and not misleading. The lawyer is responsible for …
Can a North Carolina lawyer run a billboard or other ad that shows only a website URL, without the firm name, lawyer names, or office address?
Yes. An advertisement that includes only a URL satisfies Rule 7.2(c) so long as the firm's website contains the firm's official or trade name, or a responsible lawyer's name, on the homepage and the o…
Can a North Carolina lawyer buy text-message advertising sent to subscribers of an SMS service, and can the lawyer call a subscriber who opts in?
Yes. A lawyer may pay for text-message advertising that complies with Rules 7.1, 7.2, and 7.3; because the ad goes to a general subscriber list it is advertising, not targeted solicitation, and the la…
Can a North Carolina law firm call lawyers who hold no equity in the firm 'partners' or 'income partners' in its public communications?
Yes, provided the lawyer was officially promoted to that position by firm management or under the firm's governing documents, based on legitimate criteria. The designation cannot be a sham under Rule …
Can a North Carolina lawyer offer a free computer tablet to prospective clients in a direct-mail solicitation letter, and may the lawyer loan a tablet to a client after being hired?
No to the solicitation offer. Offering a tablet in a targeted direct-mail letter is an inducement to call the lawyer for an improper in-person solicitation, and the loan disclaimer here was misleading…
Can a North Carolina lawyer connect with a judge on LinkedIn, and can the lawyer display a judge's endorsement or recommendation?
A lawyer may connect with a judge on LinkedIn and may send the invitation, evaluated like any personal interaction with a judge, but must decline or wait if connecting during a pending matter would ri…
Can a North Carolina lawyer participate in a for-profit online group advertising service that gives each lawyer exclusive rights to a zip code?
Yes, provided each website fully, accurately, and prominently discloses that it is paid group advertising, not a law firm, and not a referral service; that it does not recommend or vouch for any lawye…
Does a North Carolina lawyer have to include an office address when the firm name appears on a promotional item like a pen, mug, or vanity license plate?
No. The opinion concludes that the Rule 7.2(c) requirement to include the name and office address of a responsible lawyer does not apply to a gift or promotional item that displays only the lawyer's o…
Can a North Carolina lawyer accept or request a client recommendation on a professional networking site like LinkedIn?
Yes, with limits. The opinion concludes a lawyer who controls his profile may accept a client recommendation only if it complies with the advertising rules and 2012 FEO 1: it must avoid creating unjus…
Can a North Carolina lawyer use a leased shared-office address or a P.O. box as the office address on letterhead and advertising?
Yes, within limits. The opinion concludes a lawyer may put a leased time-shared office address on letterhead and ads so long as the communication is not misleading about the firm's actual presence in …
Can a North Carolina lawyer use client testimonials in advertising, and when does a testimonial need a disclaimer?
The opinion concludes that testimonials describing the lawyer's client service ('soft' endorsements) may be used without a disclaimer; testimonials that refer generally to results may be used only wit…
Can a North Carolina lawyer buy a competing lawyer's name as a search-engine keyword so the lawyer's own ad shows up when people search for that competitor?
No. The opinion concludes that selecting a competitor's name as a keyword in a search engine's paid-advertising program, so a user searching that name sees a link to the lawyer's own site, is dishones…
Can a North Carolina lawyer offer a discounted legal service on a Groupon-style daily-deal website that keeps a percentage of each sale?
Yes. The opinion concludes a lawyer may advertise a discounted service on a 'deal of the day' or group-coupon website, and the percentage the website keeps is the cost of advertising rather than prohi…
Can a North Carolina lawyer advertise in a practice area where he lacks experience if he plans to associate experienced counsel?
Yes, with limits. The opinion concludes a lawyer may advertise for work in an area he lacks experience in only if he intends to promptly become competent by study and investigation, or to associate an…
Can a lawyer list membership in a self-laudatory organization like the Million Dollar Advocates Forum on firm letterhead, and is a disclaimer required?
The opinion concludes letterhead is a communication about the lawyer's services subject to Rule 7.1, so a lawyer may list a self-laudatory membership on letterhead only if the organization meets the 2…
Can a personal injury firm charge for home or hospital visits on top of a contingency fee if it advertises free consultations?
The opinion concludes a firm may charge the actual travel expense of an out-of-office consultation in addition to a contingent fee, but may not charge a flat amount untethered to actual cost, and must…
Can a North Carolina lawyer join a commercial barter exchange and accept barter dollars for legal work?
Yes, with conditions. The opinion concludes a lawyer may participate in a barter exchange as long as the exchange exercises no influence over the lawyer's professional judgment, the exchange's listing…
Does a North Carolina lawyer have to add a dramatization disclaimer when using stock photographs in legal advertising?
No. The opinion concludes that because stock photographs are static and do not have the same tendency to mislead as video dramatizations of fictional cases, a lawyer may use them in a print or video a…
Can a law firm post past verdicts, settlements, and selective case lists on its website, and how must self-laudatory memberships be presented?
The opinion concludes a firm may showcase accurate verdicts, settlements, and favorable case lists on its website if a tailored, prominently placed disclaimer accompanies them, and any reference to a …
Can a North Carolina lawyer copy another lawyer's brief or form language without attribution?
Yes. The opinion concludes it is not dishonest or unethical for a lawyer to incorporate excerpts from another lawyer's brief, form, or brief-bank document without attribution or consent, so long as th…
Can a lawyer collect contact forms at a seminar, give gifts for referrals, and hand out business cards for others to distribute?
The opinion concludes a lawyer may conduct and advertise educational seminars and collect attendee feedback forms, but may not follow up by in-person or telephone solicitation and must wait for the at…
Where must the 'advertisement for legal services' notice go on a targeted direct-mail letter and envelope, and what else can appear?
The opinion concludes the required advertising notice satisfies the 'beginning of the body of the letter' requirement if it appears anywhere from the top of the page down to immediately below the salu…
Can a law firm license and keep using a lawyer's surname and likeness after that lawyer leaves the firm to practice elsewhere?
Only in part. The opinion concludes a lawyer may license his name and likeness to his professional corporation while he practices there, and the firm may keep using a lawyer's surname after his retire…
Can a North Carolina lawyer who teaches at a college use the title 'doctor' based on a Juris Doctor degree?
Yes, but only within an academic setting. The opinion concludes that because unexplained use of 'doctor' for a Juris Doctor degree could be misleading, it is generally inappropriate, but in post-secon…
Can a lawyer autodial potential clients with a recorded message and let them press a button to be connected to the firm?
The opinion concludes a lawyer may autodial potential clients and play a recorded advertising message that is truthful and not misleading, but may not include a means for the recipient to be immediate…
Can a lawyer join a for-profit networking and referral organization that encourages members to trade business referrals?
Yes, but only on conditions. The opinion concludes a lawyer may belong to a for-profit networking organization only if making referrals to other members is not a condition of membership and the lawyer…
Can a lawyer provide services through a prepaid legal services plan, and what must the plan do to qualify?
Only if the plan satisfies Rule 7.3(d). The opinion concludes a lawyer may participate in a prepaid legal services plan only if the conditions of Rule 7.3(d)(2) are met, including that the plan is not…
Can a North Carolina lawyer print extra statements, like 'Accident Report Enclosed,' on the envelope of a targeted direct-mail solicitation letter?
Yes, but only if the statement does not mislead. The opinion concludes a lawyer may note that an accident report is enclosed only if the envelope makes clear the report is a copy of a public record an…
Can a North Carolina law firm use a website URL, like Asbestos-Mesothelioma.com, that does not identify the site as belonging to a law firm?
Yes, with a condition. The opinion concludes a firm may use a URL that does not include words identifying it as a law firm's website, so long as the URL is not otherwise false or misleading and the we…
Can a North Carolina lawyer run an internet-only virtual law firm and offer clients unbundled, limited-scope legal services?
Yes to both. The opinion concludes a lawyer may operate a virtual practice delivered entirely over the internet so long as the lawyer avoids unauthorized practice and out-of-state advertising violatio…
Does a North Carolina lawyer have to register a law firm website URL with the State Bar as a trade name if the URL is different from the firm's name?
Yes. The opinion concludes that a website URL is a trade name, because a trade name is any designation used to identify a lawyer, firm, or its services, and the comment to Rule 7.5(a) treats a distinc…
If a North Carolina law firm uses a nonlawyer to represent Social Security claimants, must it disclose that in its advertising and to the client, and is the nonlawyer bound by the ethics rules?
Yes on all counts. The opinion concludes that a firm advertising Social Security representation must disclose when a nonlawyer will provide it, because omitting that fact is materially misleading unde…
Which communications to prospective class members in a North Carolina class action must carry the 'This is an advertisement for legal services' disclaimer?
Only the ones that solicit employment. The opinion concludes that a court-issued class notice and informal litigation communications by counsel do not require the Rule 7.3(c) disclaimer, but a lawyer'…
Can a North Carolina solo lawyer name or trade-name his firm 'North Star Law Office' when it leases space from and takes referrals from North Star Financial Group?
No to both. The opinion concludes the firm's official corporate name must contain a shareholder's surname under the State Bar's professional-entity regulations, so 'North Star Law Office' cannot be th…
Can a North Carolina lawyer advertise 'no fee unless you recover' in a contingent-fee case without mentioning that the client may still owe litigation costs?
It depends on the wording. The opinion concludes that 'no recovery, no fee' style statements are misleading under Rule 7.1 unless the lawyer always makes repayment of advanced court costs and litigati…
Can a North Carolina law firm advertise 'put our 30 years of experience to work for you' when that figure is the lawyers' combined experience and no single lawyer has practiced that long?
Not as worded. The opinion concludes that advertising '30 years of experience' is misleading under Rule 7.1 when it is the lawyers' combined experience and no single lawyer has practiced more than ten…
Can a lawyer offer free promotional merchandise to accident victims who call in response to a targeted direct mail letter?
The opinion concludes no. Promising promotional merchandise as an inducement to call is an improper solicitation, because a recipient may call only for the item and the lawyer could then solicit them …
Can a North Carolina lawyer join a commercial online service that matches prospective clients with lawyers and lets lawyers send offer messages?
The opinion concludes a lawyer may participate, even though the for-profit service does not meet every condition for a lawyer referral service, because the client chooses the lawyer rather than receiv…
Can a lawyer advertise membership in a group like the Million Dollar Advocates Forum that is named for a verdict threshold?
Yes, if it is not misleading under Rule 7.1. The opinion concludes a lawyer may advertise membership in an organization with a self-laudatory name only when the group has strict, verifiable admission …
Can a North Carolina lawyer who is also a CPA run a combined law and accounting practice from one office and cross-refer clients?
Yes, within limits. The opinion concluded an attorney-CPA may offer both services and cross-refer with disclosure, but may not share legal fees with a CPA firm, must protect client confidences and con…
Can a North Carolina lawyer answer legal questions posted by the public on a company's website message board?
Yes. The opinion concluded a lawyer may respond to inquiries on an Internet message board if the lawyer clarifies the nature of the relationship and the limits of the information provided, states wher…
Can a North Carolina lawyer run a TV ad suggesting insurers settle claims quickly just because of the lawyer's reputation?
No. The opinion concluded a television ad dramatizing insurance defense lawyers deciding to settle a claim solely because of the plaintiff's lawyer is misleading, because it creates unjustified expect…
Can a North Carolina law firm advertise its record of verdicts and settlements on its website?
The opinion concluded a firm may publish its verdict record only if it provides full context, disclosing unfavorable as well as favorable outcomes, collection rates, the types and complexity of cases,…
Can a North Carolina lawyer advertise million-dollar jury verdicts in direct-mail letters to accident victims?
No. The opinion concluded that a direct-mail letter touting jury verdicts and settlements over $1,000,000 without information putting the results in context is misleading and creates an unjustified ex…
Can a North Carolina lawyer send targeted direct mail without the firm's address, and can the advertising disclaimer be printed in hard-to-read light type?
The opinion concluded a lawyer may not send a targeted direct mail letter without the firm's address because the omission is materially misleading, and the required 'advertisement' disclosure must be …
Must a North Carolina lawyer's introductory letter to newly formed corporations carry the 'advertisement for legal services' label, and may the firm offer business consulting?
Yes. A targeted direct-mail letter soliciting employment must state 'This is an advertisement for legal services.' A lawyer may also provide business consulting as a firm service, but the conduct rule…
Can a North Carolina lawyer pay to be listed in a national internet directory of lawyers, and what must the listing say about licensure and specialty?
Yes, if the listing is truthful and not misleading. To avoid misleading out-of-state users, it should state the jurisdictions where the lawyer is licensed and the location of the principal office, and…
Can a North Carolina lawyer advertise legal services on a website, and what must the site disclose about licensure, specialty, and record retention?
Yes. A website is public-media advertising, so the listing must be truthful and not misleading, disclose the jurisdictions where the firm's lawyers are licensed and the principal office location, and …
Can a law firm advertise a local-seeming telephone number, via call forwarding, in a community where it has no office or lawyer?
No. The opinion concluded that listing what looks like a local number in a community where the firm has no office or lawyer, without disclosing that, is misleading. An interstate firm may still advert…
Can a lawyer run a TV debt-relief commercial that promises creditors can be paid 'as little as $25 a week' without mentioning that the relief is bankruptcy?
No. The opinion concluded that omitting that the relief is bankruptcy makes the commercial materially misleading, the '$25 per week' claim creates an unjustified expectation, and the recorded phone me…
Can a lawyer run TV commercials using actors playing fictional satisfied clients based on the lawyer's representative cases?
No. The opinion concluded that dramatized commercials using actors as fictional clients are materially misleading under Rule 2.1, and a 'Dramatization' disclaimer does not cure the violation. The Stat…
Can a law firm host a hospitality suite before a state bid letting and invite both existing clients and non-client contractors it knows will attend?
The opinion concluded that a firm may host a hospitality suite for its existing clients, because Rule 2.4 does not bar contact with existing clients, and may also invite non-client contractors it know…
Can a law firm join a private referral service whose ads call its lawyers 'the best' and that omits the disclosures a lawyer referral service must include?
The opinion concluded that the firm may not participate as described. Rule 2.2(c) lets a lawyer join a private referral service only if its advertisements state that a free list of all participating l…
Can a law firm list nonlawyers, such as paralegals, on its letterhead, and does it matter if the nonlawyer is a disbarred lawyer?
The opinion concluded that the Rules of Professional Conduct do not prohibit listing nonlawyers as nonlawyers on law firm letterhead. Rule 2.3(c) bars only listing unlicensed persons as attorneys affi…
Can a lawyer pay for recorded advertising announcements attached to a commercial telephone legal-information service?
The opinion concluded that a lawyer may participate in a telephone service that pairs recorded legal information with the lawyer's recorded ads, as long as the ads are not false or misleading. Recorde…
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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.