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State Bar Ethics Report: October 2025
Below are the most pressing items addressed at the October 2025 meeting of the Ethics Committee of the State Bar.
27 N.C.A.C. 02, Section .0100, Rules of Professional Conduct: The proposal relates to conflicts of interest within the NC Department of Justice and within public defenders’ offices. Traditionally, members of these offices have been considered members of the same firm, which can limit entire offices from providing certain services due to imputed conflicts. The proposal would allow these offices to resolve conflicts by screening conflicted lawyers from work on cases in which they have a conflict, thereby allowing other lawyers in said offices to be involved in the cases.
27 N.C.A.C. 1B, Section .0100, Rules Governing Discipline and Disability of Attorneys: The proposal is specifically related to Rule .0133, Confidentiality. The primary purpose is to allow the State Bar to disclose a grievance investigation related to a petition for noncompliance suspension.
27 N.C.A.C. 1C, Section .0100, Board of Law Examiners: The current rule requires an applicant to have an LL.B. or J.D. The proposal would expand the list of acceptable degrees to include an “LL.M., S.J.D., or other similar degree” if said degrees were sufficient in a state where the applicant had passed the bar and was licensed.
27 N.C.A.C. 1D, Section .0900, Rules Governing Procedures for the Administrative Committee: Proposal would allow a military spouse required to relocate out of state due to military service to use those years to offset years of suspended or inactive status.
Amendments Pending Supreme Court Approval:
The proposed amendment discussed in the previous Ethics Update has now been adopted by the State Bar and is awaiting approval by the Supreme Court. It is as follows:
27 N.C.A.C. 03, Rules Governing the Admission to the Practice of Law in the State of North Carolina: There are several proposed amendments relating generally to Bar Exam requirements and grading, as well as procedures for application for admission by servicemembers and their spouses. As to the Bar Exam, the proposed rules specifically acknowledge the NextGen UBE as part of the Uniform Bar Exam, require a new North Carolina State-Specific Component Examination on trusts and estates, and revise procedures related to grading and score disclosures to applicants (including that exams “will not” be regraded).
Ethics Opinions: There are currently no proposed ethics opinions open for public comment.
