North Carolina Ethical Rules - a Timeline
1973 Code of Professional Conduct (“CPR”) (in effect from April 30, 1974, to December 31, 1985)
1985 Rules of Professional Conduct (“RPC”) (in effect from January 1, 1986, to July 23, 1997)
1997 Rules of Professional Conduct (rules comprehensively reorganized and renumbered)
2003 Revised Rules of Professional Conduct
(Revised Rules of Professional Conduct of the North Carolina State Bar, Rule 0.1 (editor’s note), revised effective Feb 27, 2003, with amendments effective April 5, 2018).
Rules governing the professional conduct of attorneys are promulgated by the North Carolina State Bar, becoming effective upon approval of the North Carolina Supreme Court. Oversight of attorney ethics in the state is managed by the Ethics Committee of the State Bar (see NC Ethics Committee, in these pages, and the State Bar webpage How the State Bar Rules). Revision of the Rules of Professional Conduct in 1997, as well as the formulation of the 2003 Revised Rules of Professional Conduct relied on the ABA Model Code as source material.
North Carolina Federal Courts
Federal district courts of North Carolina affirm that North Carolina's Revised Rules of Professional Conduct govern ethical standards for practice in the federal courts, as well as providing their own procedures for lawyer discipline. See below for specific rule locations.
Note: All of the court websites are open, and local rules are available as searchable pdf files. Use "ctrl-F" to open a search box and type in the relevant rule number.
The Eastern District Court requires that any attorney practicing before it be a "member in good standing of the bar of the Supreme Court of North Carolina." Local Civil Rule 83.1(b),
Ethical standards for the court are the North Carolina Revised Rules of Professional Conduct, "except as may be otherwise provided by specific rule of this court." Local Civil Rule 83.1(i).
Attorneys practicing in North Carolina's Eastern District are to "advise the clerk within 14 days of disciplinary action taken against them resulting in suspension or disbarment." Local Civil Rule 83.1(i).
The Eastern District Court also sets forth its own Rules of Disciplinary Enforcement (83.7, et seq.) to which all attorneys "who practice or appear before it" are subject.
An attorney must be "in good standing with the Supreme Court of North Carolina" and must certify in their application "that the attorney has read and is familiar with" the North Carolina Code of Professional Responsibility, among other rules. LR 83.1(b); see also LR 83.10e(b), "Standards for Conduct."
The Middle District Court attorney discipline rules and procedures are extensive and can be found at LR 83.10a, et seq. They include a requirement that an attorney subject to any public discipline by a court or state bar notify the court "promptly." LR 83.10c(a); LR 83.10d.
Attorneys seeking admission to practice before the Western District courts must be members in good standing of the North Carolina State Bar and agree "to abide by the Local Rules, the North Carolina Rules of Professional Conduct, and to submit themselves to this Court for the enforcement of such rules." LCvR 83.1(a).
The Western District sets forth its rules concerning Attorney Discipline at Local Civil Rule ("LCvR") 83.2.
Local Federal Court Rules in the UNC Law Library
North Carolina Rules of Court (West Pub. Co., 1980 - ) (current)
Currently issued in three parts (federal, state, and local) and updated annually, this publication includes local rules for the U.S. District Courts for North Carolina, rules of the U.S. Court of Appeals for the Fourth Circuit, the Federal rules of evidence, and Federal rules of appellate procedure.
Available in the UNC Law Library at KFN7929 .A195.
North Carolina Rules of Court. Federal (West Pub. Co., 1991 - ) (current)
Available in the UNC Law Library at C347.9 N87c6.
Federal Local Court Rules (Thomson Reuters Westlaw, 2013 - ) (current)
A nation-wide collection of local court rules.
Available in the UNC Law Library at KF8820. A2 4th.