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?

Short answer 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 qualifications and place them on its approved list of attorneys for title searches.

Bar

NCSB

Issued

April 15, 1977

Apply this to your situation

This page answers the general question as of 1977. Ask about yours and see what the current North Carolina Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Opinions adopted under North Carolina's earlier rules (the "RPC" series, 1985-1997, and the "CPR" series, 1974-1985) are binding unless overruled (27 N.C.A.C. 1D .0101(j)). Formal ethics opinions since 1997 are issued by the State Bar Council to give guidance and to establish principles of ethical conduct. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry asked what a Young Lawyers Association could ethically do about getting on a lending institution's approved list of attorneys for title searches.

The opinion concluded that lawyers, whether or not young and whether or not associated in an association, may ethically request a lending institution or a title insurance company, agency, or agent to review their qualifications and place them on its approved list of attorneys for title searches.

Currency note

This opinion was issued in 1977 under North Carolina's former Code of Professional Responsibility (the DR/EC framework), before the State Bar replaced the Code with the Rules of Professional Conduct (adopted 1985) and before the 2003 revisions to those Rules. Subsequent rule amendments or later opinions, including changes to the advertising and solicitation rules, may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer ask a lender to be added to its approved-attorney list?

A: Yes. The opinion concluded a lawyer may request a lending institution or title insurer to review the lawyer's qualifications and place the lawyer on its approved list for title searches.

Q: Does it matter if the request comes from a young lawyers association?

A: No. The opinion concluded the answer is the same whether or not the lawyers are young and whether or not they act through an association.

Background and rules framework

The opinion addressed how a lawyer may seek to be considered for title-search work from lenders and title insurers. It concluded that asking such an institution to review one's qualifications for its approved list is permissible, treating it as a request for review rather than improper solicitation.

Citations and references

The opinion did not cite a specific provision; it permitted a request to be reviewed for an approved-attorney list.

Source

Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/cpr-104/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry:

What may a Young Lawyers Association ethically do about getting on a lending institution's approved list of attorneys for title searches?

Opinion:

Lawyers, whether or not young and whether or not associated in an association, may ethically request a lending institution or a title insurance company, agency or agent to review their qualifications and place them on their approved list of attorneys for title searches.

What do the rules say today, for your facts?

This opinion is from 1977. Ezel checks the current North Carolina Rules of Professional Conduct against your situation and cites the rules it relies on.

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