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 North Carolina lawyers, or a lawyer serving as mediator, agree to a settlement term that prohibits the parties from filing a State Bar grievance against the lawyers?
No. A lawyer may not suggest, demand, or agree to a settlement term barring a grievance against the lawyers, and a lawyer serving as a mediator may not draft, transmit, or otherwise help include such …
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…
Can a North Carolina estate planning lawyer put a clause in the engagement agreement requiring the client's estate to pay the lawyer's fees for responding to subpoenas, discovery, or testimony about the estate plan?
Not as drafted. A broad clause billing the estate for any future testimony is too vague and clearly excessive, but a narrow, capped, clearly disclosed, and consented version is permitted.
Can a North Carolina lawyer use artificial intelligence, including generative AI, to help provide legal services?
Yes. The opinion concludes a lawyer may use AI if the lawyer does so competently, protects client confidentiality, supervises the AI's work product, and bills honestly; the lawyer remains fully respon…
Can a North Carolina lawyer let a vendor install a self-service kiosk in the law office, collect rent or referral fees for client sign-ups, and be listed in the vendor's marketing?
The lawyer may host the kiosk and be listed in the vendor's marketing if Rule 7.4 is met, but may not take rent or a per-client referral fee tied to client sign-ups, which create a nonconsentable pers…
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 who serves several clients at once, like a single calendar call or working for one client while traveling for another, bill each client for the same overlapping time?
The lawyer may serve multiple clients at once but may not bill each full hourly rates for the same overlapping time; the lawyer must prorate the actual time, or use a flat or unit fee, and pass the ef…
Can a North Carolina settlement agreement include a confidentiality clause that bars the lawyer from using or disclosing publicly available information about the case, like court opinions and the parties' names?
No. Under Rule 5.6(b), a settlement clause restricting a lawyer's use or disclosure of publicly available case information is an impermissible restriction on the lawyer's right to practice; clauses ke…
When a North Carolina lawyer sells or closes a law practice, who must be notified, what happens to old client files and original documents, and when can files be destroyed?
Under Rule 1.17, the seller must notify current clients and former clients whose files transfer, return or safeguard original documents of legal significance regardless of age, may destroy ordinary fi…
Can a North Carolina lawyer call a public insurance adjuster as an expert witness when the client is paying the adjuster a contingency fee out of the insurance proceeds?
Yes. The client-adjuster contingency-fee contract is governed by state insurance law, not the Rules of Professional Conduct, and North Carolina law permits it, so the lawyer is not offering an inducem…
Can a North Carolina lawyer agree to be on a doctor's or other professional's list of recommended lawyers given to patients or clients?
Yes, if there is no quid pro quo exchange of referrals and the lawyer does not direct or expect the professional to improperly solicit. The lawyer must withdraw from the list if the professional coerc…
Can a North Carolina lawyer be privately retained for a limited role, like just a bond hearing, for an indigent criminal defendant who already has appointed counsel?
Yes. The lawyer may consult with the represented defendant and take a reasonable limited-scope role with the defendant's informed consent, must tell the court of the limited appearance, should notify …
Can a North Carolina attorney appointed to serve as both guardian ad litem and attorney advocate for a child file a GAL court report and testify about it?
Only with the court's leave. If appointed solely as GAL, the lawyer may file and testify; in the dual GAL and advocate role, the lawyer must inform the court of the Rule 3.7 advocate-witness conflict …
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 take possession of a photograph showing a minor in sexual activity to use it as evidence in a custody case?
No. Possessing child sexual abuse material is a crime with no exception for furthering a representation, so the lawyer may not take possession of the image even as evidence, and the lawyer must review…
In a residential closing where the buyer and seller have separate lawyers, can the buyer's lawyer charge the seller for work, like reviewing the other side's documents or clearing title?
Generally no. Work the buyer's lawyer does for the buyer can be charged to the seller only with the seller's agreement, the buyer's informed consent under Rule 1.8(f), and a fee that is not illegal or…
What are a North Carolina lawyer's duties when a debt-collection matter shows signs of a counterfeit-check scam, and what happens if the lawyer disburses trust funds against a fake check?
A lawyer who ignores the red flags of a counterfeit-check scam and disburses against the check violates the duties of competence and diligence, misappropriates other clients' trust funds, must replace…
How can a North Carolina lawyer respond to a negative online review without violating the duty of confidentiality, and can the lawyer ever reveal client information?
A lawyer may post a professional, restrained response that denies the review's accuracy but may not reveal confidential information; a negative online review alone is not a self-defense 'controversy' …
Can a North Carolina lawyer email or text the presiding judge about scheduling or the merits, and when does copying opposing counsel make it proper?
An informal communication to the presiding judge, even about scheduling, is a prohibited ex parte communication unless opposing counsel is copied or it is authorized by law or court order. Copying opp…
In back-to-back A-to-B and B-to-C residential closings handled by one North Carolina lawyer, can the lawyer represent both B and C, and can the lawyer use C's funds to fund B's purchase?
Representing both B and C is a Rule 1.7 conflict that is permissible only if B consents to full disclosure to C and Rule 1.7(b) is met, and the lawyer may not use C's funds for B's purchase before the…
What must a North Carolina settlement lawyer do to guard against wire fraud, and is the lawyer responsible when a client wires closing funds to a fraudster?
A lawyer who serves as a settlement agent must educate himself and staff about real estate wire fraud, implement reasonable safeguards, and clearly communicate the risks and safe transfer instructions…
Can a North Carolina lawyer advance a client's share of settlement proceeds before the settlement check clears the lawyer's trust account?
Not while litigation is pending or contemplated; Rule 1.8(e)(1) bars financial assistance to a client in connection with litigation other than court costs and expenses. Once the matter is no longer pe…
Can a North Carolina lawyer invest in a litigation-finance fund that advances money to plaintiffs and law firms for a share of recoveries?
No. A lawyer may not invest in a litigation-finance fund where the fund might advance money to the lawyer's firm, the firm's client, or an opposing party, because of a latent Rule 1.7 conflict the law…
Can a solo practitioner who is suing his own client for unpaid fees represent his law firm when he is also a necessary witness?
The lawyer-witness rule (Rule 3.7) does not require a solo practitioner who owns the firm and is litigating the firm's own fee claim to find substitute counsel before a court rules on a motion to disq…
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 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 accept Bitcoin or other virtual currency as a legal fee, and can the lawyer hold a client's virtual currency in trust?
A lawyer may accept virtual currency as an earned flat fee if the fee is not clearly excessive and the lawyer complies with Rule 1.8(a) (treating it as a business transaction with the client), includi…
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 view or request access to the social media of an opposing party or witness, and what is off limits?
A lawyer may view the public portion of a person's social network presence and, using a true identity, request access to an unrepresented person's restricted content. The lawyer may never use deceptio…
Is a North Carolina lawyer's sexual relationship with opposing counsel a conflict of interest that must be disclosed to the client?
Yes. An ongoing sexual relationship between opposing counsel creates a personal-interest conflict that materially limits each lawyer's independent judgment under Rule 1.7(a)(2); each lawyer may contin…
Can a North Carolina lawyer sign an ERISA health plan agreement promising not to abandon or settle the client's claim without the plan's approval?
No. A lawyer may not agree to terms that contradict the duty under Rule 1.2 to abide by the client's decisions about the objectives of the representation and whether to settle; a promise to the client…
Can one North Carolina lawyer prepare a separation agreement for both spouses who agree on the terms and want to share one lawyer?
No. Preparing a separation agreement for both spouses is a nonconsentable concurrent conflict under Rule 1.7, because the parties are legally adverse and there are numerous opportunities for the lawye…
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 …
Can a North Carolina lawyer buy litigation cost protection insurance for a contingency case and charge the premium back to the client out of any recovery?
Yes. A lawyer may buy litigation cost protection insurance for contingency cases if it does not compromise independent judgment or the client's settlement authority, and may shift the premium to the c…
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 …
Does a North Carolina lawyer's duty to disclose adverse legal authority under Rule 3.3(a)(2) require informing the court of rulings from lateral and lower courts?
No. The duty under Rule 3.3(a)(2) reaches only legal authority that is controlling as to the particular tribunal; the lawyer must make a legal determination of what controls, and need not disclose aut…
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 offer clients on-site access to a financial brokerage company that finances legal fees?
Yes, under conditions. A lawyer may offer on-site access to a fee-financing broker as one payment option if the arrangement is legal, the lawyer receives no consideration from the company, and the law…
When two law firms negotiating a merger agree not to solicit or hire each other's lawyers for a set period, does that no-poach clause violate Rule 5.6(a)?
No. A short, defined non-solicitation clause limited to employment with the one other firm imposes only a de minimis restriction on lawyer mobility, does not impair client choice, and is reasonable un…
When a North Carolina lawyer serves as executor or otherwise handles an estate account, when do the Rule 1.15 trust-accounting rules apply and what reviews are required?
Rule 1.15 governs an estate account to the extent the lawyer controls it. A lawyer with signatory authority must run it as a designated fiduciary account and perform the monthly and quarterly reviews;…
If a client tells a North Carolina lawyer not to pay a medical provider out of settlement funds, may the lawyer disburse those funds to the client instead when the provider has a perfected statutory lien?
No, if the lien is perfected. A perfected statutory medical lien means the client is not currently entitled to the disputed funds, so the lawyer must segregate and retain them, and must pay the provid…
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…
After a North Carolina lawyer wins a judgment against a former client for unpaid fees, can the lawyer give the sheriff the client's bank account information learned during the representation to help execute on it?
No. Disclosing the former client's bank account information to the sheriff would violate Rule 1.6(a). The self-defense exception in Rule 1.6(b)(6) covered proving the services in the fee suit, but tha…
Can a North Carolina lawyer negotiate for a job at the law firm representing the opposing party in a matter the lawyer is handling?
Yes, but only with the client's informed consent. A lawyer who is representing a client or holds confidential information about the matter may not engage in substantive employment negotiations with th…
When a North Carolina lawyer is appointed after a criminal defendant files a pro se motion for appropriate relief, must counsel amend it or tell the court the cited authority is no longer good law?
No. Appointed counsel is not obligated to adopt the defendant's pro se MAR or to correct it, because counsel made no false representations to the court. If counsel concludes the MAR is frivolous, coun…
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 …
After jointly representing a married couple for years, can a North Carolina lawyer (or the lawyer's firm) represent one spouse against the other in the divorce, or prepare a new will for one spouse?
Generally no for the divorce. Prior joint representation on financial and family matters is substantially related to the domestic action under Rule 1.9(a), so the lawyer (and, by imputation, the firm …
Can a North Carolina lawyer let a law student or another lawyer they are mentoring observe confidential client consultations?
Yes, but only with the client's informed consent. The opinion treats an outside mentee (a law student or a lawyer outside the firm) as someone not covered by the lawyer's duty of confidentiality, so t…
Can a North Carolina lawyer solicit legal business in person from people she knew through a prior non-legal career, like business contacts from when she was a consultant?
Yes. Rule 7.3(a) exempts in-person solicitation of a person with a prior professional relationship with the lawyer, and that phrase is not limited to prior lawyer-client relationships; it includes bus…
If a third party steals from a North Carolina lawyer's trust account through counterfeit checks, hacking, or a spoofed wire request, must the lawyer replace the stolen client funds?
It depends on whether the lawyer used reasonable care. A lawyer who kept the trust account in substantial compliance with Rule 1.15 and reasonable security measures is not professionally required to r…
Does a North Carolina lawyer who withdrew from a criminal appeal need the former client's consent before discussing the case with, or handing the file to, successor appellate counsel?
No. Unless the former client specifically instructed otherwise, discussing the case with successor appellate counsel and turning over the appellate file are impliedly authorized under Rule 1.6(a), bec…
If a client tells a North Carolina closing lawyer to stop the deal after the deed is recorded, must the lawyer still disburse the closing funds?
Yes. Once the deed is recorded and title has passed, the closing lawyer must satisfy the seller's conditions on delivery of the deed by disbursing the sale proceeds, even if the buyer-client says stop…
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…
Can a North Carolina lawyer hire a private investigator to misrepresent their identity to gather evidence before filing suit?
Only in narrow circumstances. The opinion permits a private lawyer to advise, direct, or supervise an investigation that uses misrepresentation as to identity or purpose, but only to pursue a genuine …
Does a North Carolina lawyer have to advise a client about their social media in litigation, and can the lawyer tell the client to delete posts?
Yes to advising. Competence under Rule 1.1 requires a litigator to understand social media well enough to advise the client about how existing and future postings could affect the case. A lawyer may i…
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…
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 for a lender draft a foreclosure-notice waiver under N.C.G.S. 45-21.16(f) and give it to an unrepresented borrower to sign?
Yes, on a debt of $100,000 or more, if the lawyer complies with the statute and Rule 4.3 and does not advise the borrower or imply disinterest. But when the property is the borrower's primary residenc…
Which pleadings or filings may a North Carolina lawyer prepare for an unrepresented opposing party in a pending civil proceeding, and which may the lawyer not?
A lawyer may prepare filings that do not amount to giving legal advice, such as an acceptance of service, confession of judgment, settlement agreement, release, accurate affidavit, or dismissal pursua…
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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.