North Carolina Administrative Code
Title 27 - STATE BAR
Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR
Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR
Section .0300 - DISASTER RESPONSE PLAN
Section 01D .0302 - GENERAL POLICY AND OBJECTIVES
Universal Citation: 27 NC Admin Code 01D .0302
Current through Register Vol. 39, No. 6, September 16, 2024
(a) Rapid Response
(1) It is essential that the State
Bar establish an awareness and sensitivity to disaster situations.
(2) The disaster response plan will be
disseminated through the publications of the State Bar and continuing legal
education programs.
(3) The
disaster response team shall be properly trained to respond to initial
inquiries and appear at the site.
(4) The disaster response team will provide
victims and/or their families with written materials when requested.
(b) Effective Mobilization of Resources
(1) An appropriate press release
shall be prepared and disseminated.
(2) The coordinator shall confirm the
individuals who will make up the disaster response team.
(3) Individual assignments of
responsibilities shall be made to members of the team by the
coordinator.
(4) The coordinator
shall arrange for the State Bar to be represented at any victims' assistance
center established at the disaster site. The coordinator will request the YLD
to assist the State Bar by providing additional staffing.
(5) The coordinator shall contact the local
district attorney(s) and request that he or she prosecute any persons engaging
in the unauthorized practice of law (N.C.G.S.
84-2.1,
84-4,
84-7 and
84-8); improper solicitation
(N.C.G.S.
84-38); division of fees (N.C.G.S.
84-38); and/or the common law crime of
barratry (frequently stirring up suits and quarrels between persons).
(c) Publicity
(1) It is important to focus on the fact that
disaster response is a public service effort.
(2) The disaster response team shall ensure
approval and dissemination of an even-handed press release.
(3) The director of communications will be
utilized for press contacts.
(4) It
is important to ensure that the press release indicates that the State Bar is a
resource designed to assist victims, if requested.
(d) On-site Representation
(1) It is normally desirable for the disaster
response team to arrive at the site of the disaster as soon as
possible.
(2) Only the president or
president-elect or their designee will conduct press interviews on behalf of
the State Bar.
(3) The availability
of the State Bar at the site of the disaster should be made known to
victims.
(4) The disaster response
team shall establish a liaison with the State Emergency Management Division,
Red Cross, Salvation Army, and other such organizations to provide assistance
to victims and furnish written materials to these organizations.
(5) It is crucial that the State Bar not
become identified with either side of any potential controversy.
(6) All members of the disaster response team
must avoid making comments on the merits of claims that my arise from the
disaster.
(e) Dissemination of Information to Affected Individuals
(1) The team shall emphasize in all public
statements that the State Bar's major and only legitimate concern is for those
persons affected by the disaster and the public interest.
(2) The State Bar's role is limited to
monitoring compliance with its disciplinary rules, to requesting reports of any
violation needing investigation, and to informing victims of rules concerning
client solicitation.
Authority
G.S.
84-23;
Readopted Eff. December 8,
1994.
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