88w1 j g=js 2 0 1 8c o n t i n u i n g l e g a l e d u c a t i o n establishes annual minimum...

8
NORTH CAROLINA STATE BAR 2018

Upload: others

Post on 14-Mar-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

ANNUAL REPORT

NORTH CAROLINASTATE BAR

2018

WWW .NCBAR .GOV

Page 2: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

T o t h e e x t e n t t h a t l a w y e r s m e e tt h e o b l i g a t i o n s o f t h e i r

p r o f e s s i o n a l c a l l i n g , t h eo c c a s i o n f o r g o v e r n m e n t

r e g u l a t i o n i s o b v i a t e d . S e l f -r e g u l a t i o n a l s o h e l p s m a i n t a i n

t h e l e g a l p r o f e s s i o n ' si n d e p e n d e n c e f r o m g o v e r n m e n t

d o m i n a t i o n . A n i n d e p e n d e n tl e g a l p r o f e s s i o n i s a n i m p o r t a n tf o r c e i n p r e s e r v i n g g o v e r n m e n t

u n d e r l a w , f o r t h e a b u s e o fl e g a l a u t h o r i t y i s m o r e r e a d i l yc h a l l e n g e d b y a s e l f - r e g u l a t e d

p r o f e s s i o n .

- Preamble to the North Carolina Rules ofProfessional Conduct

Page 3: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

BY THENUMBERS

4,650Ethics

InquiriesAnswered

DISCIPLINARY RESULTS

0 10 20 30 40

Admonitions

Reprimands

Censures

Suspensions

Disbarments

29,017 Active Lawyers

19,139Client

Calls/EmailsAnswered

$642,403.64Reimbursed toMembers of the

Public523

FeeDisputesOpened The North Carolina State Bar is the

government agency that regulates the legalprofession for the protection of the public.

The State Bar currently regulates over29,000 active North Carolina lawyers.

Although the State Bar is responsible for theadministration of numerous programs for

the improvement of the legal profession, thekey regulatory responsibilities of the StateBar are the promulgation of the Rules of

Professional Conduct and the investigationand prosecution of lawyers who violate the

State Bar’s code of ethics.

Page 4: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

DISCIPLINEThe State Bar protects the public by

issuing professional discipline to

lawyers. Allegations of lawyer

misconduct are investigated by the

State Bar's professional staff and

reviewed by the Grievance

Committee of the State Bar Council.

Cases that are not resolved at the

Grievance Committee level are tried

before the Disciplinary Hearing

Commission, an independent

administrative tribunal composed of

lawyers and non-lawyers.

Protecting the people of North Carolina

The State Bar provides advice to

lawyers who are faced with ethical

questions through its Ethics

Committee and its professional

staff. The committee regularly

reviews and recommends changes

to the North Carolina Rules of

Professional Conduct, the ethical

code to which North Carolina

lawyers must conform their

conduct and pursuant to which a

lawyer may receive professional

discipline.

ETHICS

AUTHORIZED PRACTICEThe State Bar, through its Authorized Practice Committee and

professional staff, investigates complaints and obtains injunctions to

prevent violations of the statutes prohibiting the unauthorized practice

of law. These cases often involve non-lawyers who mislead the public

about their ability to provide legal services and who take money from

members of the public without providing the offered service.

PRIMARY FUNCTIONS

Page 5: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

PROGRAMSReimburses clients who suffered financial lossas a result of dishonest conduct by lawyers.

CLIENT SECURITY FUND

ATTORNEY-CLIENTASSISTANCEResponds to thousands of inquiries each yearfrom members of the public who needassistance with their lawyers.

FEE DISPUTERESOLUTIONOffers clients a way to resolve their feedisputes with their lawyers. All lawyers arerequired to participate in the process wheninitiated by a client.

CONTINUING LEGALEDUCATIONEstablishes annual minimum educationalrequirements and enforces lawyers'compliance with these standards.

Protects the public from impaired lawyers andassists lawyers suffering from and impaired bychemical dependency and/or mental illness.

LAWYER ASSISTANCEPROGRAM

PARALEGALCERTIFICATIONCertifies paralegals who meet certaincriteria indicative of special competence intheir profession.

LEGAL ASSISTANCE FORMILITARY PERSONNELProvides training for military and civilianlawyers to enable them to better serve thelegal needs of members of the armed servicesand their dependents in North Carolina.

INTEREST ON LAWYERS'TRUST ACCOUNTSCollects interest on lawyers' general trustaccounts and makes grants under thedirection of its Board, primarily to support theprovision of free legal services to NorthCarolina's indigent citizens.

LAW PRACTICE WIND DOWNFacilitates the wind down of law practices oflawyers who are unavailable due to death,disappearance, disability, or disbarment by identifying and providing resources to court-appointed trustees.

SPECIALIZATIONCertifies lawyers who satisfy certain criteriademonstrating special substantive knowledge,skill, and proficiency in several discrete areasof the law.

LAW SCHOOL THIRD-YEAR PRACTICECertifies law students as eligible forsupervised clinical practice in the courts inaccordance with certain criteria.

North Carolina State Bar

Page 6: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

STATUS REPORT - 2018NORTH CAROLINA STATE BAR

ACTIVITY REMARKS

Hurricane Relief

The State Bar and Supreme Court adopted atemporary rule allowing lawyers from across the

country to provide needed pro bono legal servicesto indigent victims of Hurricane Florence.

Increase TransparencyThe State Bar's first Annual Report was releasedin March, and the first live stream of a State Bar

Council Meeting occurred in October.

Leadership Transition

Alice Neece Mine was installed as the agency’sExecutive Director, succeeding Tom Lunsford,

who had held the post since 1992.

Improve TechnologyCompetence

North Carolina became the second state in thenation to add a mandatory technology hour to

lawyers' continuing legal education requirements.

Page 7: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

THE STATE BAR COUNCIL

From the Mountains to the Sea

OFFICERS

PresidentGray Wilson

Winston-Salem

President ElectColon Willoughby

Raleigh

Vice-PresidentBarbara Christy

Greensboro

Past PresidentJohn Silverstein

Raleigh

COUNCILORSC. Everett Thompson II G. Thomas Davis, Jr. Charles R. Hardee Debra L. Massie Kevin J. Kiernan W. Allen Cobb, Jr. Takiya F. Lewis Elizabeth City Swan Quarter Greenville Beaufort Clinton Wrightsville Beach Ahoskie Charles S. Rountree, III C. Branson Vickory, III Heidi C. Bloom Walter E. Brock, Jr. Theodore C. Edwards, II Donna Rascoe Katherine A. Frye Tarboro Goldsboro Raleigh Raleigh Raleigh Raleigh Raleigh Fred M. Morelock Robert Rader Warren Savage James T. Burnette Eddie S. Winstead, III Marcia H. Armstrong Harold L. Boughman, Jr. Raleigh Raleigh Raleigh Oxford Sanford Smithfield Fayetteville Michael R. Ramos Dorothy H. Mitchell William S. Mills Charles Davis C. Gordon Brown William C. Fields, Jr. David F. Branch,Jr. Shallotte Durham Durham Mebane Chapel Hill Raeford Lumberton Richard Buckner Alan S. Hicks Matthew W. Smith Thomas W. Anderson Patrice A. Hinnant Stephen E. Robertson David N. Allen Rockingham Roxboro Eden Pilot Mountain Greensboro Greensboro Charlotte Raymond A. Bretzmann Herbert Jay White Robert C. Bowers A. Todd Brown Mark Henriques Dewitt (Mac) McCarley Gena G. Morris High Point Concord Charlotte Charlotte Charlotte Charlotte Charlotte Eben T. Rawls, III Jennifer D. Hammond John Webster Richard J. Costanza H. Ligon Bundy George M. Cleland, IV Kevin G. Williams Charlotte Salisbury Albemarle Southern Pines Monroe Winston-Salem Winston-Salem Kimberly S. Taylor Sally Strohacker John S. Willardson Andrea N. Capua M. Alan LeCroy Clark R. Bell Timothy L. Patti Anna Hamrick Taylorsville Mocksville Wilkesboro Boone Morganton Asheboro Gastonia Asheville Rebecca J. Pomeroy H. Russell Neighbors Christopher S. Stepp Gerald Collins Thomas W. Elkins Joseph E. Johnston Mohan Venkataraman Lincolnton Marion Hendersonville Murphy Raleigh Greensboro Morrisville

Page 8: 88W1 J G=JS 2 0 1 8C O N T I N U I N G L E G A L E D U C A T I O N Establishes annual minimum educational requirements and enforces lawyers' compliance with these standards. ... The

CONTACT217 East Edenton StreetRaleigh, NC 27601 www.ncbar.gov (919) 828-4620 Facebook.com/NCStateBar

@NCStateBar

Cover Art: Rick Grayson