SUBCHAPTER 01C ‑ RULES GOVERNING THE BOARD OF LAW EXAMINERS AND THE TRAINING OF LAW STUDENTS
SECTION .0100 ‑ BOARD OF LAW EXAMINERS
27 NCAC 01C .0101 Election
(a) The Board of Law Examiners shall consist of 11 members. The members are appointed for three-year terms to serve until expiration of the term, resignation, death, or other cause for termination of members' service.
(b) The council, in making appointments to the Board of Law Examiners, shall make appointments for no more than four consecutive three-year terms, not counting any partial term which may have previously been served.
(c) The council shall appoint board members for three-year terms at its annual meeting in October, with the term of service to begin on the following January 1. Appointment of a board member to complete an unexpired term shall be conducted at the next meeting of the council following the termination of service by the member and the giving of notice of the vacancy.
(d) When vacancies occur for the Board of Law Examiners, notice shall be published in the official publication of the North Carolina State Bar giving the date by which any person desiring to make a suggestion for someone to be considered as a possible member of the Board of Law Examiners must submit the name to the North Carolina State Bar.
(e) In considering an appointment to the Board of Law Examiners, the council may consult with current members of the Board of Law Examiners and consider factors such as geography, practice area, gender, and racial diversity.
(f) No member of the council shall be a member of the Board of Law Examiners.
(g) Any former Board of Law Examiners member being considered for appointment as emeritus member shall have served on the Board of Law Examiners for not less than five years.
History Note: Authority G.S. 84-24;
Readopted Eff. December 8, 1994;
Amended Eff. June 9, 2016.
27 NCAC 01C .0102 EXAMINATION OF APPLICANTS FOR LICENSE
All applicants for admission to the Bar shall first obtain a certificate or license from the Board of Law Examiners in accordance with the rules and regulations of that board.
History Note: Authority G.S. 84‑24;
Readopted Eff. December 8, 1994.
27 NCAC 01C .0103 ADMISSION TO PRACTICE
Upon receiving license to practice law from the Board of Law Examiners, the applicant shall be admitted to the practice thereof by taking the oath in the manner and form now provided by law.
History Note: Authority G.S. 84‑24;
Readopted Eff. December 8, 1994.
27 NCAC 01C .0104 APPROVAL OF RULES AND REGULATIONS OF BOARD OF LAW EXAMINERS
The council shall, as soon as possible, after the presentation to it of rules and regulations for admission to the Bar, approve or disapprove such rules and regulations. The rules and regulations approved shall immediately be certified to the Supreme Court. Such rules and regulations as may not be approved by the council shall be the subject of further study and action, and for the purpose of study, the council and Board of Law Examiners may sit in joint session. No action, however, shall be taken by the joint meeting, but each shall act separately, and no rule or regulation shall be certified to the Supreme Court until approved by the council.
History Note: Authority G.S. 84‑24;
Readopted Eff. December 8, 1994.
27 NCAC 01C .0105 Approval Of Law Schools
Every applicant for admission to the North Carolina State Bar must meet the requirements set out in at least one of the numbered paragraphs below:
(1) The applicant holds an LL.B or J.D. degree from a law school that was approved by the American Bar Association at the time the degree was conferred; or
(2) Prior to August 1995, the applicant received an LL.B., J.D., LL.M., or S.J.D. degree from a law school that was approved by the council of the N.C. State Bar at the time the degree was conferred;
(3) Prior to August 2005, the applicant received an LL.M or S.J.D. degree from a law school that was approved by the American Bar Association at the time the degree was conferred.
(4) The applicant holds an LL.B. or J.D. degree from a law school that was approved for licensure purposes in another state of the United States or the District of Columbia and was licensed in such state or district.
History Note: Authority G.S. 84-24;
Adopted March 3, 1999;
Amendments Approved by the Supreme Court: September 22, 2016; March 5, 2015; February 27, 2003.
SECTION .0200 - Rules Governing the Practical Training of Law Students
27 NCAC 01C .0201 PURPOSE
The rules in this subchapter are adopted for the following purposes: to support the development of experiential legal education programs at North Carolina's law schools in order that the law schools may provide their students with supervised practical training of varying kinds during the period of their formal legal education; to enable law students to obtain supervised practical training while serving as certified law students for government agencies; and to assist law schools in providing substantial opportunities for student participation and experiential education in pro bono service.
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Effective December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; March 6, 2008; September 25, 2019; April 21, 2021.
27 ncac 01C .0202 DEFINITIONS
The following definitions shall apply to the terms used in this section:
(a) Clinical legal education program - Experiential educational program that engages students in "real world" legal matters through supervised practice experience. Under the supervision of a faculty member or site supervisor who is accountable to the law school, students assume the role of a lawyer either as a protégé, lead counsel, or a member of a lawyer team.
(b) Eligible persons - Persons who are unable financially to pay for legal advice or services as determined by a standard established by a judge of the General Court of Justice, a legal services organization, government entity, or a clinical legal education program. "Eligible persons" may include minors who are not financially independent; students enrolled in secondary and higher education schools who are not financially independent; non-profit organizations serving low-income communities; and other organizations financially unable to pay for legal advice or services.
(c) Field placement - Practical training opportunities that place students in legal practice settings external to the law school. Students in a field placement represent clients or perform other lawyering roles under the supervision of practicing lawyers or other qualified legal professionals. Supervising attorneys provide direct feedback and guidance to the students. Site supervisors have administrative responsibility for the legal intern program at the field placement. Such practical training opportunities include the following:
(1) Externships - Courses within a law school's clinical legal education program in which the law school places students in legal practice settings external to the law school. Faculty have overall responsibility for assuring the educational value of the learning in the field.
(2) Government internships - Practical training opportunities in which students are placed in government agencies. No law school credit is earned for such placements. A government internship may be facilitated by the student's law school or obtained by the student independently. Although not required, faculty oversight is encouraged to ensure the educational value of the placement.
(3) Internships - Practical training opportunities in which students are placed in legal practice settings external to the law school. No law school credit is earned for such placements. An internship may be facilitated by the student's law school or obtained by the student independently. Some faculty oversight through the law school's clinical legal education program is required.
(d) Certified law student - A law student who is certified to work in conjunction with a supervising attorney to provide legal services to clients under the provisions of this subchapter.
(e) Government agencies - The federal or state government, any local government, or any agency, department, unit, or other entity of federal, state, or local government, specifically including a public defender's office or a district attorney's office.
(f) Law school - An ABA accredited law school or a law school actively seeking accreditation from the ABA and licensed by the Board of Governors of the University of North Carolina. If ABA accreditation is not obtained by a law school so licensed within three years of the commencement of classes, legal interns may not practice, pursuant to these rules, with any clinic of the law school.
(g) Law school clinic - Courses within a law school's clinical legal education program that place students in a legal practice setting operated by the law school. Students in a law school clinic assume the role of a lawyer representing actual clients or performing other lawyering roles. Supervision of students is provided by faculty employed by the law school (full-time, part-time, adjunct) who are active members of the North Carolina State Bar or another bar as appropriate for the legal matters undertaken.
(h) Legal services organization - A nonprofit North Carolina organization organized to operate in accordance with N.C. Gen. Stat. § 84-5.1.
(i) Pro bono activity - An opportunity while in law school for students to provide legal services to those unable to pay, or otherwise under a disability or disadvantage, consistent with the objectives of Rule 6.1 of the Rules of Professional Conduct.
(j) Rules of Professional Conduct - The Rules of Professional Conduct adopted by the Council of the North Carolina State Bar, approved by the North Carolina Supreme Court, and in effect at the time of application of the rules in this subchapter.
(k) Site supervisor - The attorney at a student practice placement who assumes administrative responsibility for the certified law student program at the placement and provides the statements to the State Bar and the certified law student's law school required by Rule .0205(b) of this subchapter. A site supervisor may also be a supervising attorney at a student practice placement.
(l) Supervising attorney - An active member of the North Carolina State Bar, or an attorney who is licensed in another jurisdiction as appropriate for the legal work to be undertaken, who has practiced law as a full-time occupation for at least two years, and who supervises one or more certified law students pursuant to the requirements of the rules in this subchapter.
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; March 6, 2002; March 6, 2008; September 25, 2019; April 21, 2021; December 14, 2021.
27 NCAC 01C .0203 ELIGIBILITY
To engage in activities permitted by these rules, a law student must satisfy the following requirements:
(a) be enrolled as a J.D. or LL.M. student in a law school approved by the Council of the North Carolina State Bar;
(b) be certified in writing by a representative of his or her law school, authorized by the dean of the law school to provide such certification, as being of good character with requisite legal ability and legal education to perform as a certified law student, which education shall include satisfaction of the prerequisites for participation in the clinic, externship, or other student practice placement;
(c) be introduced by an attorney admitted to practice in the tribunal or agency to every judicial official who will preside over a matter in which the student will appear, and, pursuant to Rule .0206(c) of this subchapter, obtain the tribunal's or agency's consent to appear subject to any limitations imposed by the presiding judicial official; such introductions do not have to occur in open court and the consent of the judicial official may be oral or written;
(d) neither ask for nor receive any compensation or remuneration of any kind from any eligible person to whom he or she renders services, but this shall not prevent an attorney, legal services organization, law school, or government agency from paying compensation to the law student or charging or collecting a fee for legal services performed by such law student; and
(e) attest in writing that he or she has read the North Carolina Rules of Professional Conduct and is familiar with the opinions interpretive thereof.
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; March 6, 2008; September 25, 2019; April 21, 2021.
27 NCAC 01C .0204 FORM AND DURATION OF CERTIFICATION
Upon receipt of the written materials required by Rule .0203(b) and (e) and Rule .0205(b), the North Carolina State Bar shall certify that the law student may serve as a certified law student. The certification shall be subject to the following limitations:
(a) Duration. The certification shall be effective for 18 consecutive months or until the announcement of the results of the first bar examination following the certified law student's graduation whichever is earlier. If the certified law student passes the bar examination, the certification shall remain in effect until the certified law student is sworn-in by a court and admitted to the bar. For the duration of the certification, the certification shall be transferrable from one student practice placement or law school clinic to another student practice placement or law school clinic, provided that (i) all student practice placements are approved by the law school prior to the certified law student's graduation, and (ii) the supervision and filing requirements in Rule .0205 of this subchapter are at all times satisfied.
(b) Withdrawal of Certification. The certification shall be withdrawn by the State Bar, without hearing or a showing of cause, upon receipt of
(1) notice from a representative of the certified law student's law school, authorized to act by the dean of the law school, that the student has not graduated but is no longer enrolled;
(2) notice from a representative of the certified law student's law school, authorized to act by the dean of the law school, that the student is no longer in good standing at the law school;
(3) notice from a supervising attorney that the supervising attorney is no longer supervising the certified law student and that no other qualified attorney has assumed the supervision of the student; or
(4) notice from a judge before whom the certified law student has appeared that the certification should be withdrawn.
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; September 25, 2019; April 21, 2021.
27 NCAC 01C .0205 SUPERVISION
(a) Supervision Requirements. A supervising attorney shall:
(1) for a law school clinic, concurrently supervise an unlimited number of certified law students if the supervising attorney is a full-time, part-time, or adjunct member of a law school's faculty or staff whose primary responsibility is supervising certified law students in a law school clinic and, further provided, the number of certified law students concurrently supervised is not so large as to compromise the effective and beneficial practical training of the certified law students or the competent representation of clients;
(2) for a student practice placement, concurrently supervise no more than two certified law students; however, a greater number of certified law students may be concurrently supervised by a single supervising attorney if (i) an appropriate faculty member of each certified law student's law school determines, in his or her reasoned discretion, that the effective and beneficial practical training of the certified law students will not be compromised, and (ii) the supervising attorney determines that the competent representation of clients will not be compromised;
(3) assume personal and professional responsibility for any work undertaken by a certified law student while under his or her supervision;
(4) assist and counsel with a certified law student in the activities permitted by these rules and review such activities with the certified law student, all to the extent required for the proper practical training of the student and the competent representation of the client;
(5) read, approve, and personally sign any pleadings or other papers prepared by a certified law student prior to the filing thereof, and read and approve any documents prepared by a certified law student for execution by a client or third party prior to the execution thereof; and
(6) for externships and internships (other than placements at government agencies), ensure that any activities by the certified law student that are authorized by Rule .0206 are limited to representations of eligible persons.
(b) Filing Requirements.
(1) Prior to commencing supervision, a supervising attorney in a law school clinic shall provide a signed statement to the North Carolina State Bar (i) assuming responsibility for the supervision of identified certified law students, (ii) stating the period during which the supervising attorney expects to supervise the activities of the identified certified law students, and (iii) certifying that the supervising attorney will adequately supervise the certified law students in accordance with these rules.
(2) Prior to the commencement of a student practice placement for a certified law student, the site supervisor shall provide a signed statement to the North Carolina State Bar and to the certified law student's law school (i) assuming responsibility for the administration of the field placement in compliance with these rules, (ii) identifying the participating certified law student and stating the period during which the certified law student is expected to participate in the program at the placement, (iii) identifying the supervising attorney at the placement, and (iv) certifying that the supervising attorney will adequately supervise the certified law student in accordance with these rules.
(3) A supervising attorney in a law school clinic and a site supervisor for a certified law student program at a student practice placement shall notify the North Carolina State Bar in writing promptly whenever the supervision of a certified law student concludes prior to the designated period of supervision.
(c) Responsibilities of Law School Clinic in Absence of Certified Law Student. During any period when a certified law student is not available to provide representation due to law school seasonal breaks, graduation, or other reason, the supervising attorney shall maintain the status quo of a client matter and shall take action as necessary to protect the interests of the client until the certified law student is available or a new certified law student is assigned to the matter. During law school seasonal breaks, or other periods when a certified law student is not available, if a law school clinic or a supervising attorney is presented with an inquiry from an eligible person or a legal matter that may be appropriate for representation by a certified law student, the representation may be undertaken by a supervising attorney to preserve the matter for subsequent representation by a certified law student. Communications by a supervising attorney with a prospective client to determine whether the prospective client is eligible for clinic representation may include providing immediate legal advice or information even if it is subsequently determined that the matter is not appropriate for clinic representation.
(d) Independent Legal Practice. Nothing in these rules prohibits a supervising attorney in a law school clinic from providing legal services to third parties outside of the scope of the supervising attorney's employment by the law school operating the law school clinic.
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; March 6, 2002; March 6, 2008; September 24, 2015; September 25, 2019; April 21, 2021.
27 NCAC 01C .0206 Activities
(a) A properly certified law student may engage in the activities provided in this rule under the supervision of an attorney qualified and acting in accordance with the provisions of Rule .0205 of this subchapter.
(b) Without the presence of the supervising attorney, a certified law student may give advice to a client, including a government agency, on legal matters provided that the certified law student gives a clear prior explanation that the certified law student is not an attorney and the supervising attorney has given the certified law student permission to render legal advice in the subject area involved.
(c) A certified law student may represent an eligible person, the state in criminal prosecutions, a criminal defendant who is represented by the public defender, or a government agency in any proceeding before a federal, state, or local tribunal, including an administrative agency, if prior consent is obtained from the tribunal or agency upon application of the supervising attorney. Each appearance before the tribunal or agency shall be subject to any limitations imposed by the tribunal or agency including, but not limited to, the requirement that the supervising attorney physically accompany the certified law student.
(d) In all cases under this rule in which a certified law student makes an appearance before a tribunal or agency on behalf of a client who is an individual, the certified law student shall have the written consent in advance of the client. The client shall be given a clear explanation, prior to the giving of his or her consent, that the certified law student is not an attorney. This consent shall be filed with the tribunal and made a part of the record in the case. In all cases in which a certified law student makes an appearance before a tribunal or agency on behalf a government agency, the consent of the government agency shall be presumed if the certified law student is participating in a law school externship program or an internship program of the government agency. A statement advising the court of the certified law student's participation in an externship or internship program at the government agency shall be filed with the tribunal and made a part of the record in the case.
(e) In all cases under this rule in which a certified law student is permitted to make an appearance before a tribunal or agency, subject to any limitations imposed by the tribunal, the certified law student may engage in all activities appropriate to the representation of the client, including, without limitation, selection of and argument to the jury, examination and cross-examination of witnesses, motions and arguments thereon, and giving notice of appeal.
History Note: Authority G.S. 84-23;
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; March 6, 2002; March 6, 2008; April 21, 2021.
27 NCAC 01C .0207 Use of Student's Name
(a) A certified law student's name may properly
(1) be printed or typed on briefs, pleadings, and other similar documents on which the certified law student has worked with or under the direction of the supervising attorney, provided the certified law student is clearly identified as a student certified under these rules, and provided further that the certified law student shall not sign his or her name to such briefs, pleadings, or other similar documents;
(2) be signed to letters written on the letterhead of the supervising attorney, legal aid clinic, or government agency, provided there appears below the certified law student's signature a clear identification that the student is certified under these rules. An appropriate designation is "Certified Law Student under the Supervision of [supervising attorney]", and
(3) be printed on a business card, provided the name of the supervising attorney also appears on the business card and there appears below the certified law student's name a clear statement that the student is certified under these rules. An appropriate designation is "Certified Law Student under the Supervision of [supervising attorney]."
(b) A student's name may not appear on the letterhead of a supervising attorney, legal aid clinic, or government agency.
History Note: Authority G.S. 84-23;
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme Court: June 7, 2001; March 6, 2008; October 7, 2010; April 21, 2021.
27 NCAC 01C .0208 STUDENT PRACTICE PLACEMENTS
(a) A law student participating in a student practice placement at an organization, entity, law firm, or government agency shall be certified if the law student will (i) provide legal advice or services in matters governed by North Carolina law to eligible persons outside the organization, entity, law firm, or government agency where the student is placed, or (ii) appear before any North Carolina tribunal or agency on behalf of an eligible person or a government agency.
(b) Supervision of a certified law student enrolled in a student practice placement may be shared by two or more attorneys employed by the organization, entity, law firm, or government agency, provided one attorney acts as site supervisor, assuming administrative responsibility for the certified law student program at the placement and filing with the State Bar and the certified law student's law school the statements required by Rule .0205(b) of this subchapter. All supervising attorneys at a student practice placement shall comply with the requirements of Rule .0205(a).
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Eff. December 8, 1994;
Rule entitled "Miscellaneous" repealed Eff. June 7, 2001;
Adopted Eff. September 25, 2019;
Amendments Approved by the Supreme Court: April 21, 2021.
27 NCAC 01C .0209 RELATIONSHIP OF LAW SCHOOL AND CLINICS; RESPONSIBILITY UPON DEPARTURE OF SUPERVISING ATTORNEY OR CLOSURE OF CLINIC
(a) Relationship to Other Clinics. The clinics that are a part of a clinical legal education program at a law school may each operate as an independent entity (the "independent clinic model") or they may operate collectively as one entity with each clinic acting as a department or division of the entity (the "unified clinic model"). In the independent clinic model, clinics function independently of each other, including the maintenance of separate offices and separate conflicts-checking and case management systems. In the unified clinic model, clinics may share offices as well as conflicts-checking and case management systems.
(b) Application of the Rules of Professional Conduct. For the purposes of applying the Rules of Professional Conduct, each law school clinic operated pursuant to the independent clinic model shall be considered one law firm and clinics operated pursuant to the unified clinic model shall collectively be considered one law firm.
(c) Relationship with Law School. The relationship between law school clinics and the law school in which they operate shall be managed in a manner consistent with the requirements of the Rules of Professional Conduct. Procedures shall be established by both the clinics and the law school that are reasonably adequate to protect confidential client information from disclosure including disclosure to the law school administration, non-participating law school faculty and staff, and non-participating students of the law school. The rule of imputed disqualification, as stated in Rule 1.10(a) of the Rules of Professional Conduct, shall not apply to the law school administrators, non-participating law school faculty and staff, and non-participating law school students if reasonable efforts are made to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of clients. See Rule 1.6(c) of the Rules of Professional Conduct.
(d) Responsibility for Maintenance of Client Files. Client files shall be maintained and safeguarded by a law school clinic in accordance with the Rules of Professional Conduct and the ethics opinions interpretative thereof. Closed client files shall be returned to the client or shall be safeguarded and maintained by a law school clinic until disposal is permitted under the Rules of Professional Conduct. See RPC 209.
(e) Engagement Letter. In addition to the consent agreement required by Rule .0206(d) of this section for any representation of an individual client in a matter before a tribunal, a written engagement letter or memorandum of understanding with each client is recommended. The writing should state the general nature of the legal services to be provided and explain the roles and responsibilities of the clinic, the supervising attorney, and the certified law student. See Rule 1.5, cmt. [2] of the Rules of Professional Conduct ("A written statement concerning the terms of the engagement reduces the possibility of misunderstanding.")
(f) Responsibility upon Departure of Supervising Attorney. Upon the departure of a supervising attorney from a law school clinic, the administration of the law school and of the clinic shall promptly identify a replacement supervising attorney for any active case in which no other supervising attorney is participating. In such cases, the departing attorney and the clinic administration shall protect the interests of all affected clients by taking appropriate steps to preserve the status quo of the legal matters of affected clients, consistent with the Rules of Professional Conduct and the ethics opinions interpretative thereof. If the departing attorney will not continue the representation after departure from the clinic, the attorney shall comply with Rule 1.16 of the Rules of Professional Conduct and all court rules for withdrawal from representation. Affected clients shall be notified and advised that (i) they have the right to counsel of choice (which may include the departing attorney if the departing attorney intends to engage in legal practice outside of the law school clinic); (ii) their file will be transferred to the new supervising attorney in the absence of other instructions from the client; and (iii) they may instruct the clinic to mail or deliver the file to the client or to transfer the file to legal counsel outside of the clinic. If instructed by a client, a file shall be promptly returned to the client or transferred to authorized legal counsel outside of the clinic.
(g) Responsibility upon Closure of a Law School Clinic. If a law school clinic is closed for any reason, the supervising attorney, with support from the law school, shall take appropriate steps to preserve the status quo of the legal matters of clients, consistent with the Rules of Professional Conduct and the ethics opinions interpretative thereof. The administration of the law school and of the clinic shall promptly notify all affected clients that (i) they have the right to counsel of choice (which may include the supervising attorney if the supervising attorney will engage in legal practice after closure of the clinic); (ii) the file will be mailed to or delivered to the client and the supervising attorney will withdraw from representation in the absence of other instructions from the client; and (iii) they may instruct the clinic to transfer the file to authorized legal counsel outside of the clinic (which may include the supervising attorney). If the supervising attorney will not continue the representation after closure of the clinic, the attorney shall comply with Rule 1.16 of the Rules of Professional Conduct and all court rules for withdrawal from representation.
History Note: Authority G.S. 84-23;
Readopted Eff. December 8, 1994;
Rule entitled "Dean's Certificate" repealed Eff. June 7, 2001;
Adopted Eff. September 25, 2019;
Amendments Approved by the Supreme Court: April 21, 2021.
27 NCAC 01C .0210 PRO BONO ACTIVITIES
(a) Pro Bono Activities for Law Students. Pro bono activities for law students may be facilitated by a law school acting under the auspices of a clinical legal education program or another program or department of the law school. As used in this rule, "auspices" means administrative or programmatic support or supervision.
(b) Student Certification Not Required. Regardless of whether the pro bono activity is provided under the auspices of a clinical legal education program or another program or department of a law school, a law student participating in a pro bono activity made available by a law school is not required to be certified if
(1) the law student will not perform any legal service; or
(2) all of the following conditions are satisfied: (i) the student will perform specifically delegated substantive legal services for third parties (clients) under the direct supervision of an attorney who is an active member of the North Carolina State Bar or licensed in another jurisdiction as appropriate to the legal services to be undertaken (the responsible attorney); (ii) the legal services shall not include representation of clients before a tribunal or agency; (iii) the responsible attorney is personally and professionally responsible for the representation of the clients and for the law student's work product; and (iv) the role of the law student as an assistant to the responsible attorney is clearly explained to each client in advance of the performance of any legal service for the client by the law student.
(c) Law School Faculty and Staff Providing Pro Bono Services Under Auspices of a Clinical Legal Education Program. Any member of the law school's faculty or staff who is an active member of the North Carolina State Bar or licensed in another jurisdiction as appropriate to the legal work to be undertaken may serve as the responsible attorney for a pro bono activity if the activity is provided to eligible persons under the auspices of the law school's clinical legal education program and the responsible attorney complies with the relevant supervision requirements set forth in Rule .0205(a)(2)-(5) of this subchapter.
(d) Responsibility for Client File. Unless otherwise specified in this rule, if a client file is generated by a pro bono activity, it shall be maintained and safeguarded by the responsible attorney in compliance with the Rules of Professional Conduct and the ethics opinions interpretative thereof. If the pro bono activity is provided under the auspices of a clinical legal education program and the responsible attorney is a member of the law school's faculty or staff, the client file shall be maintained and safeguarded by the clinical legal education program in compliance with the Rules of Professional Conduct and the Rule .0209(d). If the pro bono activity is sponsored by a legal services organization or government agency, the legal services organization or government agency shall maintain and safeguard the client file. If the pro bono activity is sponsored by more than one legal services organization or government agency, the co-sponsors shall determine which entity shall maintain and safeguard the client file and shall so inform the client.
History Note: Authority G.S. 84-7.1; 84-23;
Readopted Eff. December 8, 1994;
Rule entitled "Withdrawal of Dean's Certificate" repealed Eff. June 7, 2001;
Adopted Eff. September 25, 2019;
Amendments Approved by the Supreme Court: April 21, 2021.