Current through Register Vol. 39, No. 6, September 16, 2024
(a) Standing
Committees. Promptly after his or her election, the president shall appoint
members to the standing committees identified below to serve for one year
beginning January 1 of the year succeeding his or her election. Members of the
committees need not be councilors, except to the extent expressly required by
these rules, and may include non-lawyers. Unless otherwise directed by
resolution of the council, all members of a standing committee, whether
councilors or non-councilors, shall be entitled to vote as members of the
standing committee or any subcommittee or panel thereof.
(1) Executive Committee. It shall be the duty
of the Executive Committee to receive reports and recommendations from standing
committees, boards, and special committees; to nominate individuals for
appointments made by the council; to make long range plans for the State Bar;
and to perform such other duties and consider such other matters as the council
or the president may designate.
(2)
Ethics Committee. It shall be the duty of the Ethics Committee to study the
rules of professional responsibility currently in effect; to make
recommendations to the council for such amendments to the rules as the
committee deems necessary or appropriate; to study and respond to questions
that arise concerning the meaning and application of the rules of professional
conduct; to issue opinions in response to questions of legal ethics in
accordance with the provisions of Section .0100 of Subchapter 1D of these
rules; to consider issues concerning the regulation of lawyers' trust accounts;
and to perform such other duties and consider such other matters as the council
or the president may designate.
(3)
Grievance Committee. It shall be the duty of the Grievance Committee to
exercise the disciplinary and disability functions and responsibilities set
forth in Section .0100 of Subchapter 1B of these rules and to make
recommendations to the council for such amendments to that section as the
committee deems necessary or appropriate. The Grievance Committee shall sit in
subcommittees as assigned by the president. Each subcommittee shall have at
least ten members. Two members of each subcommittee shall be nonlawyers, one
member may be a lawyer who is not a member of the council, and the remaining
members of each subcommittee shall be councilors of the North Carolina State
Bar. A quorum of a subcommittee shall be five members serving at a particular
time. One subcommittee shall oversee the Attorney Client Assistance Program. It
shall be the duty of the Attorney Client Assistance subcommittee to develop and
oversee policies and programs to help clients and lawyers resolve difficulties
or disputes, including fee disputes, using means other than the formal
grievance or civil litigation processes; and to perform such other duties and
consider such other matters as the council or the president may designate. Each
subcommittee shall exercise the powers and discharge the duties of the
Grievance Committee with respect to the grievances, fee disputes, and other
matters referred to it by the chairperson of the Grievance Committee. Each
subcommittee member shall be furnished a brief description of all matters
referred to other subcommittees (and such other available information as he or
she may request) and be given a reasonable opportunity to provide comments to
such other subcommittees. Each subcommittee's decision respecting the
grievances, fee disputes, and other matters assigned to it will be deemed final
action of the Grievance Committee, unless the full committee at its next
meeting, by a majority vote of those present, elects to review a subcommittee
decision and upon further consideration decides to reverse or modify that
decision. There will be no other right of appeal to the committee as a whole or
to another subcommittee. The president shall designate a vice-chairperson to
preside over, and oversee the functions of each subcommittee. The
vice-chairpersons shall have such other powers as may be delegated to them by
the chairperson of the Grievance Committee. The Grievance Committee shall
perform such other duties and consider such other matters as the council or the
president may designate.
(4)
Authorized Practice Committee. It shall be the duty of the Authorized Practice
Committee to respond to or investigate inquiries and complaints about conduct
that may constitute the unauthorized practice of law in accordance with the
provisions of Section .0200 of Subchapter 1D of these rules; to study and
advise the council on the appropriate and lawful use and regulation of legal
assistants, paralegals and other lay persons in connection with the provision
of law-related services; to study and advise the council on the regulation of
professional organizations; and to perform such other duties and consider such
other matters as the council or the president may designate.
(5) Administrative Committee. It shall be the
duty of the Administrative Committee to study and make recommendations on
policies concerning the administration of the State Bar, including the
administration of the State Bar's facilities, automation, personnel, retirement
plan, and district bars; to oversee the membership functions of the State Bar,
including the collection of dues, the suspension of members for failure to pay
dues and other fees, and the transfer of members to active or inactive status
in accordance with the provisions of Sections .0900 and .1000 of Subchapter 1D
of these rules; and to perform such other duties and consider such other
matters as the council or the president may designate.
(6) Legal Assistance for Military Personnel
(LAMP) Committee. It shall be the duty of the LAMP Committee to serve as
liaison for lawyers in the military service in this State; to improve legal
services to military personnel and dependents stationed in this State; and to
perform such other duties and consider such other matters as the council or the
president may designate.
(7)
Finance and Audit Committee. It shall be the duty of the Finance and Audit
Committee to superintend annually the preparation of the State Bar's
operational budget and to make recommendations to the Executive Committee
concerning that budget and the budgets for the boards listed in subsection (b)
below; to make recommendations to the Executive Committee regarding the State
Bar's financial policies; to examine the financial records of the State Bar at
each regular meeting of the council and report its findings to the Executive
Committee; to recommend to the Executive Committee annually the retention of an
independent auditor; to direct the work of the independent auditor in
accordance with the policies and procedures adopted by the council and the
state auditor; and to review the results of the annual audit and make
recommendations concerning the audit to the Executive Committee.
(8) Communications Committee. It shall be the
duty of the Communications Committee to develop and coordinate official North
Carolina State Bar communications to its membership and to third parties,
including the use of printed publications, emerging technology, and social
media.
(b) Boards. The
council of the State Bar shall make appointments to the following boards upon
the recommendation of the Executive Committee. The boards are constituents of
the North Carolina State Bar and, as standing committees of the State Bar, are
subject to the authority of the council.
(1)
Interest on Lawyers' Trust Accounts (IOLTA) Board of Trustees. The IOLTA Board
shall be constituted in accordance with and shall carry out the provisions of
the Plan for Disposition of Funds Received by the North Carolina State Bar from
Interest on Trust Accounts set forth in Section .1300 of Subchapter 1D of these
rules.
(2) Board of Legal
Specialization. The Board of Legal Specialization shall be constituted in
accordance with and shall carry out the provisions of the Plan of Legal
Specialization set forth in Section .1700 of Subchapter 1D of these
rules.
(3) Client Security Fund
Board of Trustees. The Client Security Fund Board of Trustees shall be
constituted in accordance with and shall carry out the provisions of the Rules
Governing the Administration of the Client Security Fund of the North Carolina
State Bar set forth in Section .1400 of Subchapter 1D of these rules.
(4) Board of Continuing Legal Education
(CLE). The Board of Continuing Legal Education shall be constituted in
accordance with and shall carry out the provisions of the Continuing Legal
Education Rules and Regulations of the North Carolina State Bar set forth in
Sections .1500 and .1600 of Subchapter 1D of these rules.
(5) Lawyer Assistance Program Board. The
Lawyer Assistance Program Board shall be constituted in accordance with and
shall carry out the provisions of the Rules Governing the Lawyer Assistance
Program of the North Carolina State Bar set forth in Section .0600 of
Subchapter 1D of these rules.