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.
No North Carolina State Bar opinions match these filters
Try a different search term or clear the filters.
When a North Carolina lawyer leaves a firm, must affected clients be notified, and can the firm withhold the clients' contact information from the departing lawyer?
Yes, clients affected by the departure must be notified, and the departing lawyer and firm share that duty. The firm may not restrict the departing lawyer's access to affected clients' contact informa…
When a lawyer leaves a North Carolina firm, what must the firm do with the lawyer's firm email account, and how long must it stay active?
The firm may not just deactivate the account; it must keep it active with an auto-reply announcing the departure and the lawyer's new contact information, monitor incoming mail (reviewing only enough …
Can a North Carolina lawyer agree to an 'attorney eyes only' protective order that keeps discovery material from the lawyer's own client?
Yes. Under Rule 1.2(a)(3), a lawyer may exercise professional judgment to accept discovery under an 'attorney eyes only' restriction if the lawyer concludes it is reasonably necessary to obtain releva…
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…
Does a North Carolina lawyer who realizes they made an error that might be malpractice have to tell the client, keep representing them, and refund fees?
A lawyer must disclose a material error that prejudices the client's rights or clearly gives rise to a malpractice claim, but need not disclose an easily corrected, negligible error. Disclosure does n…
When a lawyer jointly represents a workers' comp carrier and the employer, can the lawyer withhold claim evaluations from the employer at the carrier's direction?
Not while jointly representing both. The lawyer owes each client an equal duty of loyalty and the duty to keep each reasonably informed, so the carrier and the employer are both entitled to the lawyer…
Must a North Carolina criminal defense lawyer give the client copies of all discovery or let the incarcerated client review it?
The lawyer must give the client a meaningful opportunity to review relevant discovery on a reasonable request, but is not required to hand over physical copies. Under Rule 1.4 the lawyer keeps the cli…
Can a North Carolina lawyer copy the opposing party on an email to opposing counsel, and does copying one's own client imply consent to a 'reply all'?
No to the cc without the other lawyer's consent: copying a represented party on an email to their lawyer is a communication prohibited by Rule 4.2(a). And the fact that opposing counsel copied her own…
Must a North Carolina lawyer avoid emailing a client through the client's employer's system, and may the employer's lawyer read employee-counsel emails the employer recovered?
A lawyer must avoid communicating with a client over the client's employer's email system if the employer might find and read the messages, because confidentiality is broader than privilege. The emplo…
Can a North Carolina criminal-defense lawyer advise an undocumented client to pay bond, seek a continuance, and appeal a DWI when those steps may lead to deportation or dismissal?
No violation. The opinion concludes a lawyer may advise an undocumented criminal defendant of the legal option to pay his bond and face possible deportation, may move to continue the trial, and may fi…
Can a lawyer render a title opinion by tacking to a mortgagee's title policy, and is that an ethics question?
The opinion concludes the standard of care for tacking is outside the Ethics Committee's purview and withdraws the part of RPC 99 that addressed it; whether tacking to an owner's or a mortgagee's poli…
Must a North Carolina lawyer scrub metadata before sending electronic documents, and may a lawyer mine an opponent's metadata?
The opinion concludes a lawyer who sends an electronic communication must take reasonable precautions under Rule 1.6 to prevent confidential information in metadata from reaching unintended recipients…
Can a lawyer bill a client for both the time spent writing an intra-office email and the time a colleague spends reading and answering it?
Yes. The opinion concludes a lawyer may bill for intra-office communications about a client's matter, including charging for both the sender's and the recipient's time, just as participants in a neces…
When a lawyer is asked by one person to prepare a will, trust, or power of attorney for someone else, who is the client and what must the lawyer do?
The opinion concludes that 2003 FEO 7 applies to the preparation of any legal document that purports to speak solely for a principal, such as a will, advance directive, trust, or power of attorney, wh…
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 bankruptcy lawyer let clients complete the required credit-counseling course in the lawyer's office using a third-party provider, and collect the provider's fee?
Yes, with disclosure and no markup. The opinion concludes a bankruptcy lawyer may offer prospective clients the chance to complete the federally required pre-filing credit-counseling course in the off…
Can a North Carolina lawyer, or the lawyer's firm, appear before a judge who is a close relative of one of the firm's lawyers?
The related lawyer may not personally appear before a closely related judge without the consent of all parties, but other members of her firm are not disqualified. The opinion concludes the firm must …
When a North Carolina lawyer represents the buyer in a residential closing, can the lawyer prepare the deed for an unrepresented seller without becoming the seller's lawyer?
Yes, with disclosures. The opinion concludes a buyer's lawyer may prepare the deed as an accommodation to her client without representing the seller, provided she first tells the seller that she repre…
Can an insurance defense lawyer who represents both the insured and the insurer give the insurer a full settlement-value evaluation, and recommend whether to settle?
The opinion concludes the lawyer may give both the insured and the insurer a full, candid evaluation of liability, verdict range, and likely settlement, but may not recommend that the insurer decline …
When an appointed client disappears, can the lawyer advocate for the outcome the facts seem to support, or must the lawyer move to withdraw?
No, the lawyer may not substitute his own objectives. The opinion concludes that when an appointed client has disappeared and her objectives are unknown, the lawyer must use reasonable diligence to lo…
Can a North Carolina lawyer bill the client for the time spent responding to a fee dispute petition filed with the State Bar?
No. The opinion concluded that participating in the State Bar's fee dispute resolution program is not a legal service and is a mandatory professional responsibility, so a lawyer may not charge the cli…
Can a North Carolina lawyer appear to 'cover' a hearing for another lawyer's client without the client's consent or a conflict check?
The opinion concluded that a lawyer who appears with the client at a proceeding is representing that client, so the client's consent is required, the covering lawyer must check for conflicts, and must…
Must a North Carolina closing lawyer keep chasing a lender to cancel a paid-off deed of trust, and does charging a fee change that duty?
The opinion concluded the duty to obtain cancellation of a paid deed of trust turns on the lawyer's agreement with the client and lender; the lawyer may limit the scope of representation but must clea…
Can a North Carolina lawyer tell a minor client's parents about the evidence and plea offer when the minor is tried as an adult and objects?
No. The opinion concluded a lawyer owes a minor client the normal duty of confidentiality under Rule 1.14 and may not disclose the evidence or plea offer to the parents over the minor's objection wher…
When a prosecutor mistakenly tells a sentencing court a DWI client has no prior convictions, must the defense lawyer correct the record, and may the lawyer petition for a benefit the client is not eligible for?
The opinion concluded the defense lawyer may stay silent when the prosecutor mistakenly reports no prior DWI because the State carries the burden and the lawyer made no misrepresentation, but the lawy…
Can a North Carolina closing lawyer who regularly represents a developer-seller also represent the buyer in closing a residential sale?
The opinion concluded the closing lawyer may represent both the developer-seller and the buyer only if the lawyer reasonably believes the common representation will not be adverse to either client, fu…
Can a North Carolina law firm add finance charges or interest to clients' past-due bills, and what notice or agreement is required?
The opinion concluded a firm may add finance charges to past-due accounts only as allowed by usury and consumer-credit law: legal-rate interest is available under the statute without prior notice, but…
Can a North Carolina lawyer explain the legal effect of service of process to a client, and may the lawyer advise the client on how to evade service?
The opinion concluded a lawyer may explain how service works and that the client has no duty to volunteer to accept process, but may not advise or instruct the client to evade service (including lying…
Can a North Carolina lawyer appear before a judge whom the lawyer is currently representing in the judge's own case?
The opinion concluded the lawyer may appear before a judge he represents if the disclosure-and-consent procedure of the Code of Judicial Conduct is followed; the lawyer must disclose the representatio…
Can a North Carolina lawyer represent an accident client only on the personal injury claim and leave her to handle the property damage claim herself?
Yes, if the limited representation will not adversely affect the personal injury claim and the client consents after full disclosure. Because the lawyer's representation letter consents to contact abo…
When a lawyer jointly represented spouses on their wills, can the lawyer secretly draft a codicil for one spouse that reduces the other spouse's share?
Only in narrow circumstances. The lawyer may prepare the husband's codicil without telling the wife only if the couple had no clearly expressed agreement that neither would change the plan without inf…
What must a North Carolina lawyer do when a client disappears and cannot be located before the statute of limitations runs, and can the lawyer file suit to protect the claim?
After reasonable efforts to locate the client fail, the disappearance is a constructive discharge, so the lawyer must withdraw. The opinion concluded the lawyer may not file a complaint for the missin…
What must a lawyer do to protect client confidences when communicating over a cellular or cordless phone or by email?
The opinion concluded a lawyer need not use only infallibly secure methods, but must use reasonable care to choose a mode that protects confidences and, if a line is known to be susceptible to interce…
When an insurer hires a lawyer to defend its insured, can the lawyer just leave out a compulsory counterclaim and tell the insured to hire separate counsel to bring it?
Not without warning. The opinion concluded that defense counsel has no duty to assert the insured's compulsory counterclaim, but must timely apprise the insured of its compulsory nature so the insured…
When an insurer has paid its full limits and is released from the duty to defend, what must the lawyer it retained tell the insureds about whether they are still represented?
The opinion concluded that once the insurer has paid its full limits and is statutorily released from the duty to defend, the lawyer it retained must promptly inform the insureds in writing that he wi…
Can a lawyer represent a city council member while also handling matters that may come before the council, and appear before the council on other clients' behalf?
The opinion concluded that a lawyer may represent clients before an elected or appointed governing body while or after representing a member of that body, so long as the lawyer does not use the relati…
Can a lawyer put a clause in a contingency fee agreement requiring the lawyer's consent before the client settles the case?
The opinion concluded that a lawyer cannot divest a client of the exclusive authority to settle, because Rule 7.1(c)(1) requires the lawyer to abide by the client's decision whether to accept a settle…
Must a lawyer report suspected child abuse learned in confidence from clients to social services, despite a statute requiring 'any person' to report?
The opinion concluded that, as an ethical matter, a lawyer is not required to report child abuse learned in confidence from clients, because Rule 4 protects client confidences and nothing in the repor…
Can a lawyer disclose a client's identity and contagious-disease diagnosis to public health authorities without the client's consent?
The opinion concluded that a lawyer may not reveal a client's identity and contagious-disease infection to public health authorities without the client's consent. Because the information was gained in…
When a client tells the lawyer to pay all settlement proceeds to her and not the medical providers, must the lawyer follow the client or honor the medical-lien statute?
The opinion concluded that, under RPC 69 and Rule 10.2(e), a lawyer must disburse settlement funds as the client instructs in the absence of a valid lien, and this is so whether the case settles befor…
Can a borrower's lawyer render a legal opinion to the lender bank, and does doing so create an attorney-client relationship or conflict with the bank?
The opinion concluded that the borrower's lawyer may ethically render the requested legal opinion to the bank with the borrower's consent. Rendering the opinion does not create an attorney-client rela…
Can an insurer-retained defense lawyer waive an affirmative defense, like the statute of limitations, on behalf of both the insurer and the insured without the insured's consent?
The opinion concluded that, unless the insured has contractually surrendered to the insurer the authority to waive affirmative defenses, the defense lawyer should not waive such a defense without the …
When a defense lawyer represents both the insured and the insurer, can the lawyer advise them on a settlement that helps the insured but exposes the insurer?
The opinion concluded that a lawyer who represents both the insured and the insurer must communicate a settlement proposal to both, but because the proposal (a consent admission of liability capped at…
When a defense lawyer represents both the insured and the insurer, can the lawyer advise on a consent settlement that adds a punitive-damages claim the insurer says it does not cover?
The opinion concluded that a lawyer representing both the insured and the insurer must communicate the proposal to both, but because allowing the punitive-damages amendment and capping enforcement at …
Can a lawyer give a title insurer a limited title opinion by updating (tacking onto) a prior lawyer's title search instead of doing a full search?
The opinion concluded that a lawyer could render a limited title opinion based on updating a prior search, without personally inspecting every document in the chain of title, if the lawyer fully discl…
Can a lawyer put a clause in the engagement agreement requiring any future fee or malpractice dispute with the client to go to binding arbitration?
The opinion concluded that a lawyer may suggest, and even require by an engagement-letter clause, that future disputes with the client be referred to a private alternative dispute resolution program f…
When an insured demands copies of defense counsel's case-assessment letters to the insurer, must the lawyer hand over that work product?
The opinion concluded that defense counsel representing both insured and insurer was not required to furnish the insured the lawyer's case-assessment correspondence sent to the insurer, but owed prima…
When an insured asks defense counsel to send a policy-limits demand to set up a bad-faith claim against the insurer, what can the lawyer do?
The opinion concluded that insurer-retained defense counsel, who represents both insured and insurer, could not counsel the insured about a bad-faith claim or send a settlement demand against the insu…
When a lawyer is appointed to defend an indigent client, must that lawyer appear personally, or can a partner appear as substitute counsel?
The opinion concluded that the Rules do not require the appointed lawyer to appear personally; a partner may appear as substitute counsel so long as the substitution does not prejudice the client, the…
When a law firm dissolves, what duties do the principals owe to clients and to each other?
The opinion concluded that dissolving lawyers must continue serving clients until matters conclude or withdrawal is permitted, notify clients in a way that preserves their free choice of counsel, deal…
Can a real estate closing lawyer file IRS Form 1099 disclosing the parties' sale price and tax IDs without violating client confidentiality, and must clients be told?
The opinion concluded that the lawyer may disclose the Form 1099 information because tax law requires it, so client consent is not needed, but the lawyer should inform the clients and other affected p…
Can a lawyer send an initial demand letter to an adverse party without naming the client when revealing the client's identity could expose the client to retaliation?
The opinion concluded that the lawyer may send a demand letter for an undisclosed client, because nothing in the rules bars negotiating for an undisclosed principal and the client's identity is confid…
When a lawyer's deeds for a client turn out to be the wrong instruments and harm the original owners' title, what may the lawyer disclose and what must he do about the client's inaction?
The opinion concluded that the client's statements are confidential, but the lawyer is impliedly authorized to disclose the problem to the original owners and suggest corrective action unless the clie…
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…
Browse North Carolina State Bar opinions by topic
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.