when can a judge decide what attorney represents client north carolina

Can a non-attorney represent a corporation in North Carolina courts?

Jul 24, 1997 · An attorney may represent a client even though his secretary must be called as a witness. RPC 142. Opinion rules that a lawyer may not represent an estate in litigation against a claimant where the lawyer's testimony may be necessary to resolve the validity of the claim. 2010 Formal Ethics Opinion 5.

Do I need a lawyer to represent my business in court?

judge of the General Court of Justice, personally appear and take the oath prescribed for attorneys ... United States, prescribed for all public officers by Article VI, Sec. 7 of the North Carolina Constitution and G.S. 11-7, and the same shall be entered on the records of the court; and, upon ... that the client has retained the attorney to ...

Can a North Carolina attorney advise a client to seek Dominican divorce?

An attorney may not advise a client to seek Dominican divorce knowing that the client will return immediately to North Carolina and continue residence. CPR 168. An attorney may file personal bankruptcy. CPR 188. An attorney may not draw deeds or other legal instruments based on land surveys made by unregistered land surveyors. CPR 342. An ...

Can a judge be disqualified from a case involving a lawyer?

A. Determining Application of Attorney/Client Privilege after Client’s Death, on Petition of DA. Although no statute authorized such a procedure, the court could exercise its inherent authority to hear a petition from the district attorney to decide whether the attorney/client privilege still existed after the client’s death.

Who are the officers of the NC State Bar?

The officers of the North Carolina State Bar and the Council shall consist of a president, president-elect, vice-president and an immediate past president, who shall be deemed members of the Council in all respects. The president, president-elect and vice-president need not be members of the Council at the time of their election. There shall be a secretary-treasurer who shall also have the title of executive director, but who shall not be a member of the Council. All officers shall be elected annually by the Council at an election to take place at the annual meeting of the North Carolina State Bar. The regular term of all officers is one year. The Council is the judge of the election and qualifications of its members.

How long does it take to get a copy of a North Carolina court order?

The clerk of any court of this State in which a member of the North Carolina State Bar is convicted of any criminal offense, disciplined, found to be in contempt of the court or adjudged incompetent shall transmit a certified copy of the order or judgment to the secretary-treasurer of the North Carolina State Bar within 10 days of the entry of such judgment or order. (1975, c. 582, s. 11.)

What is the oath of allegiance to the state of North Carolina?

Attorneys before they shall be admitted to practice law shall, in open court before a justice or judge of the General Court of Justice, personally appear and take the oath prescribed for attorneys by G.S. 11-11, and also the oaths of allegiance to the State, and to support the Constitution of the United States , prescribed for all public officers by Article VI, Sec. 7 of the North Carolina Constitution and G.S. 11-7, and the same shall be entered on the records of the court; and, upon such qualification had, and oath taken may act as attorneys during their good behavior. (1777, c. 115, s. 8; R.C., c. 9, s. 3; Code, s. 19; Rev., s. 209; C.S., s. 197; 1969, c. 44, s. 58; 1973, c. 108, s. 35; 1995, c. 431, s. 1.)

How many members are on the Board of Law Examiners?

For the purpose of examining applicants and providing rules and regulations for admission to the Bar including the issuance of license therefor, there is hereby created the Board of Law Examiners, which shall consist of 11 members of the Bar, elected by the Council, who need not be members of the Council. No teacher in any law school, however, shall be eligible. The members of the Board of Law Examiners elected from the Bar shall each hold office for a term of three years.

Where do I file an attorney's appearance?

Every attorney who claims to enter an appearance for any person shall, upon being required so to do, produce and file in the clerk's office of the court in which he claims to enter an appearance,

What is practice law?

The phrase "practice law" as used in this Chapter is defined to be performing any legal service for any other person, firm or corporation, with or without compensation, specifically including the preparation or aiding in the preparation of deeds, mortgages, wills, trust instruments, inventories, accounts or reports of guardians, trustees, administrators or executors, or preparing or aiding in the preparation of any petitions or orders in any probate or court proceeding; abstracting or passing upon titles, the preparation and filing of petitions for use in any court, including administrative tribunals and other judicial or quasi-judicial bodies, or assisting by advice, counsel, or otherwise in any legal work; and to advise or give opinion upon the legal rights of any person, firm or corporation: Provided, that the above reference to particular acts which are specifically included within the definition of the phrase "practice law" shall not be construed to limit the foregoing general definition of the term, but shall be construed to include the foregoing particular acts, as well as all other acts within the general definition.

How many members are on the NC bar?

There shall be a disciplinary hearing commission of the North Carolina State Bar which shall consist of 20 members. Twelve of these members shall be members of the North Carolina State Bar, and shall be appointed by the Council. The other eight shall be citizens of North Carolina not licensed to practice law in this or any other state, four of whom shall be appointed by the Governor, two by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, and two by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121. The Council shall designate one of its appointees as chair and another as vice-chair. The chair shall have actively practiced law in the courts of the State for at least 10 years. Except as set out herein, the terms of members of the commission are set at three years commencing on the first day of July of the year of their appointment. The Council, the Governor, and the General Assembly respectively, shall appoint members to fill unexpired terms when vacancies are created by resignation, disqualification, disability or death, except that vacancies in appointments made by the General Assembly may also be filled as provided by G.S. 120-122. No member may serve more than a total of seven years or a one-year term and two consecutive three-year terms: Provided, that any member or former member who is designated chair may serve one additional three-year term in that capacity. No member of the Council may be appointed to the commission. The disciplinary hearing commission of the North Carolina State Bar, or any committee of the disciplinary hearing commission, may hold hearings in discipline, incapacity and disability matters, make findings of fact and conclusions of law after these hearings, enter orders necessary to carry out the duties delegated to it by the Council, and tax the costs to an attorney who is disciplined or is found to be incapacitated or disabled.

When are lawyers subject to discipline?

[1] Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer's behalf. Paragraph (a), however, does not prohibit a lawyer from advising ...

What is a formal ethics opinion?

98 Formal Ethics Opinion 2. Opinion rules that a lawyer may explain the effect of service of process to a client but may not advise a client to evade service of process. 98 Formal Ethics Opinion 19. Opinion provides guidelines for a lawyer representing a client with a civil claim that also constitutes a crime.

What is Rule 8.4?

It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other ...

What is RPC 221?

RPC 221. Opinion rules that absent a court order or law requiring delivery of physical evidence of a crime to the authorities, a lawyer for a criminal defendant may take possession of evidence that is not contraband in order to examine, test, or inspect the evidence.

Can a lawyer take possession of a client's contraband?

Opinion rules that a lawyer may not take possession of a client's contraband if possession is itself a crime and, unless there is an exception allowing disclosure of confidential information, the lawyer may not disclose confidential information relative to the contraband. 2008 Formal Ethics Opinion 3.

Can a lawyer endorse a judge?

Opinion rules that a lawyer may accept an invitation from a judge to be a "connection" on a professional networking website, and may endorse a judge. However, a lawyer may not accept a legal skill or expertise endorsement or a recommendation from a judge. 2014 Formal Ethics Opinion 9.

Can an attorney be involved in a civil dispute?

Opinion rules that an attorney may not participate in the resolution of a civil dispute involving allegations against a psychotherapist of sexual involvement with a patient if the settlement is conditioned upon the agreement of the complaining party not to report the misconduct to the appropriate licensing authority.

What is the authority to require lawyers to represent indigents?

Authority to Require Lawyers to Represent Indigents. A court has authority to require lawyers admitted to practice before it to represent indigents and, if necessary, to do so without being paid. It is an obligation lawyers accept as part of the privilege of practicing law.

What is inherent authority in court?

A court has inherent authority to correct its records, at any time, to assure that they accurately reflect the court’s actions. State v. Cannon, 244 N.C. 399, 406 (1956).

What is a gatekeeper order?

Authority to Issue Gatekeeper Orders. A pre-filing injunction (also known as a gatekeeper order) prohibits a person from filing complaints or other documents without prior approval of the court. It is used as a last resort against someone who has engaged in protracted frivolous and vexatious litigation. Although there are no North Carolina decisions explicitly authorizing the issuance of gatekeeper orders or discussing the procedure and requirements for such orders, court actions based on gatekeeper orders have been upheld in several appellate cases, thus implicitly acknowledging the trial court’s authority. The appellate courts themselves sometimes issue such orders. One reason for such little appellate law is that the gatekeeper orders typically are issued against self-represented litigants who are no more adept at filing proper appeals than they are at following the rules in the trial court. Consequently, the appeals are dismissed on procedural grounds and the appellate court does not address the substantive issues concerning such orders.

Can a lawyer argue in a civil non-jury trial?

Deny a lawyer a chance to argue — There is no right of a lawyer to argue in a civil non-jury trial, it is a privilege and may be denied by the judge. Roberson v. Roberson, supra.

Who is Gary Groon?

Gary Groon is a partner in the firm and member of the firm’s creditors’ rights section. He is a certified Creditors’ Rights Specialist and concentrates his practice in the areas of debt collection and civil litigation. A member of the Million Dollar Advocates Forum®, The Top Trial Lawyers in America® , Gary represents national and local businesses in collection matters throughout North Carolina. Gary speaks several times each year at seminars on collection law and enforcement of judgments. He has been featured as a speaker at educational programs sponsored by Heritage Professional Education, Lorman Education Services, and National Business Institute.... LEARN MORE

Can a corporation practice law in North Carolina?

North Carolina General Statute S 84-4 provides that, with the exception of persons appearing on their own behalf, only licensed attorneys may practice law in North Carolina. In addition, North Carolina General Statute S 84-5 states that a corporate entity may not practice law (a corporation may, however, be represented by an attorney who is also an ...

Do corporations need an attorney?

For example, a corporation does not need to be represented by an attorney in small claims court. In addition, a corporate employee who is not an attorney can prepare legal documents in connection with a business transaction. However, until recently, no case had previously addressed whether a corporation could, through a non-attorney employee ...

How much is the administrative fee for a civil complaint?

Civil Complaint or State Court Removal $402.00—includes a $52.00 administrative fee (The administrative fee does not apply to persons granted IFP status under 28 U.S.C. § 1915 or for applications for a writ of habeas corpus)

How many counties are there in the Eastern District of North Carolina?

The United States District Court for the Eastern District of North Carolina ("the District") covers the forty-four counties shown on this map. The District is divided into four divisions – Eastern, Western, Northern, and Southern. Court is held in six cities in the District: Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, and Wilmington.

Matthew Scott Berkus

One clarification, is the domestic abuse case concluded or still pending? I do see some separation between the two cases, but like Elton answered, I can't see any state ethics board allowing this arrangement absent a signed waiver by your or that the domestic abuse case is concluded.#N#More

Elton John Bozanian

I am not licensed to practice in GA but I can say with confidence that there is no state I could imagine that arrangement would be permitted. It would be a clear violation of judicial ethics to represent a party in a matter with related litigation over which you preside as the judge.