State Bar Ethics Committee Report: January 2025

Below are the most pressing items addressed at the most recent Ethics Committee meeting at the State Bar. I am including links to the proposed amendments and opinions, which also include the address and email address to provide comments if you choose to do so.  

Rules Amendments  

Previous Ethics Updates have discussed several Rules Amendments implementing the statute passed enacting recommendations from the State Bar Grievance Review Committee. Find my brief article in Trial Briefs about the recommendations here. These proposed amendments are awaiting Supreme Court approval. Amendments adding technology and professional well-being CLE programs to those that may be presented in-house are also awaiting Supreme Court approval.  

Proposed Rules Amendments Open for Comment Until April 4, 2025.  

27 N.C.A.C. 01A, Section .0400, Election, Succession and Duties of Officers: The requirement that elections of State Bar Council officers be by secret ballot is removed to comply with a statute barring secret ballot elections by public bodies.  

27 N.C.A.C. 01D, Section .0700, Procedures for Fee Dispute Resolution: The proposal would make procedural changes to the fee dispute process, including broadening staff discretion over whether a matter is appropriate for fee dispute resolution, whether a response is provided to the petitioner, and when an impasse is declared.  

Ethics Opinions 

As discussed in the last Ethics Update, NCAJ provided feedback on Proposed 2024 Formal Ethics Opinion 2, which addressed the practice of prosecutors making plea offers in district court contingent upon a defendant not seeking discovery. NCAJ provided a proposed revision of this opinion which emphasized the prosecution’s duties not to pursue cases without a sufficient basis and to provide exculpatory information to the defense. This proposed opinion was referred back to subcommittee to consider the comments of NCAJ and other organizations. Andy Banzhoff and I appeared and spoke at the subcommittee meeting on NCAJ’s behalf. The subcommittee recommended that the Ethics Committee withdraw the opinion, and the full committee has now done so. Thanks to Andy Banzhoff, Elliot Abrams, Anne Bleyman, Amos Tyndall, Chris Heaney and Lauren Newton for their work on this issue.