North Carolina General Statutes Chapter 84 Attorneys-at-Law

Article 1 - Qualifications of Attorney; Unauthorized Practice of Law.

• N.C. Gen. Stat. § 84-1.   Oaths taken in open court
  Attorneys before they shall be admitted to practice law shall, in open court before a justice or judge of the General Court of Justice,...
• N.C. Gen. Stat. § 84-2.   Persons disqualified
  No justice, judge, magistrate, full-time district attorney, full-time assistant district attorney, public defender, assistant public defender, clerk, deputy or assistant clerk of the General...
• N.C. Gen. Stat. § 84-2.1.   "Practice law" defined
  The phrase "practice law" as used in this Chapter is defined to be performing any legal service for any other person, firm or corporation,...
• N.C. Gen. Stat. § 84-3.   Repealed by Session Laws 1973, c. 108, s. 37
• N.C. Gen. Stat. § 84-4.   Persons other than members of State Bar prohibited from practicing law
  Except as otherwise permitted by law, it shall be unlawful for any person or association of persons, except active members of the Bar of...
• N.C. Gen. Stat. § 84-4.1.   Limited practice of out-of-state attorneys
  Any attorney domiciled in another state, and regularly admitted to practice in the courts of record of and in good standing in that state,...
• N.C. Gen. Stat. § 84-4.2.   Summary revocation of permission granted out-of-state attorneys to practice
  Permission granted under G.S. 84-4.1 may be summarily revoked by the General Court of Justice or any agency, including the North Carolina Utilities Commission,...
• N.C. Gen. Stat. § 84-5.   Prohibition as to practice of law by corporation
  (a) It shall be unlawful for any corporation to practice law or appear as an attorney for any person in any court in this...
• N.C. Gen. Stat. § 84-5.1.   Rendering of legal services by certain nonprofit corporations
  (a) Subject to the rules and regulations of the North Carolina State Bar, as approved by the Supreme Court of North Carolina, a nonprofit...
• N.C. Gen. Stat. § 84-6.   Exacting fee for conducting foreclosures prohibited to all except licensed attorneys
  It shall be unlawful to exact, charge, or receive any attorney's fee for the foreclosure of any mortgage under power of sale, unless the...
• N.C. Gen. Stat. § 84-7.   District attorneys, upon application, to bring injunction or criminal proceedings
  The district attorney of any of the superior courts shall, upon the application of any member of the Bar, or of any bar association,...
• N.C. Gen. Stat. § 84-7.1.   Legal clinics of law schools and certain law students and lawyers excepted
  The provisions of G.S. 84-4 through G.S. 84-6 shall not apply to any of the following: (1) Any law school conducting a legal clinic...
• N.C. Gen. Stat. § 84-8.   Punishment for violations
  (a) Any person, corporation, or association of persons violating any of the provisions of G.S. 84-4 through G.S. 84-6 or G.S. 84-9 shall be...
• N.C. Gen. Stat. § 84-9.   Unlawful for anyone except attorney to appear for creditor in insolvency and certain other proceedings
  It shall be unlawful for any corporation, or any firm or other association of persons other than a law firm, or for any individual...
• N.C. Gen. Stat. § 84-10.   Repealed by Session Laws 2011-336, s. 6, effective December 1, 2011, and applicable to offenses committed on or after December 1, 2011
• N.C. Gen. Stat. § 84-10.1.   Private cause of action for the unauthorized practice of law
  If any person knowingly violates any of the provisions of G.S. 84-4 through G.S. 84-6 or G.S. 84-9, fraudulently holds himself or herself out...

Article 2 - Relation to Client.

• N.C. Gen. Stat. § 84-11.   Authority filed or produced if requested
  Every attorney who claims to enter an appearance for any person shall, upon being required so to do, produce and file in the clerk's...
• N.C. Gen. Stat. § 84-12.   Failure to file complaint, attorney liable for costs
  When a plaintiff is compelled to pay the costs of his suit in consequence of a failure on the part of his attorney to...
• N.C. Gen. Stat. § 84-13.   Fraudulent practice, attorney liable in double damages
  If any attorney commits any fraudulent practice, he shall be liable in an action to the party injured, and on the verdict passing against...

Article 3 - Arguments.

• N.C. Gen. Stat. § 84-14.   Recodified as § 7A-97 by Session Laws 1995, c. 431, s. 7

Article 4 - North Carolina State Bar.

• N.C. Gen. Stat. § 84-15.   Creation of North Carolina State Bar as an agency of the State
  There is hereby created as an agency of the State of North Carolina, for the purposes and with the powers hereinafter set forth, the...
• N.C. Gen. Stat. § 84-16.   Membership and privileges
  The membership of the North Carolina State Bar shall consist of two classes, active and inactive. The active members shall be all persons who...
• N.C. Gen. Stat. § 84-17.   Government
  The government of the North Carolina State Bar is vested in a council of the North Carolina State Bar referred to in this Chapter...
• N.C. Gen. Stat. § 84-18.   Terms, election and appointment of councilors
  (a) Except as set out in this section, the terms of councilors are fixed at three years commencing on the first day of January...
• N.C. Gen. Stat. § 84-18.1.   Membership and fees of district bars
  (a) The district bar shall be a subdivision of the North Carolina State Bar subject to the general supervisory authority of the Council and...
• N.C. Gen. Stat. § 84-19.   Judicial districts definition
  For purposes of this Article, the term "judicial district" refers to prosecutorial districts established by the General Assembly and includes the High Point Superior...
• N.C. Gen. Stat. § 84-20.   Compensation of councilors
  The members of the Council and members of committees when actually engaged in the performance of their duties, including committees sitting upon disbarment proceedings,...
• N.C. Gen. Stat. § 84-21.   Organization of Council; publication of rules, regulations and bylaws
  (a) The Council shall adopt the rules pursuant to G.S. 45A-9. (b) The rules and regulations adopted by the Council under this Article may...
• N.C. Gen. Stat. § 84-22.   Officers and committees of the North Carolina State Bar
  The officers of the North Carolina State Bar and the Council shall consist of a president, president-elect, vice-president and an immediate past president, who...
• N.C. Gen. Stat. § 84-23.   Powers of Council
  (a) The Council is vested, as an agency of the State, with the authority to regulate the professional conduct of licensed lawyers and State...
• N.C. Gen. Stat. § 84-23.1.   Prepaid legal services
  (a) This section is in addition to and not a limitation of the powers and responsibilities of the council set out in G.S. 84-23....
• N.C. Gen. Stat. § 84-24.   Admission to practice
  For the purpose of examining applicants and providing rules and regulations for admission to the Bar including the issuance of license therefor, there is...
• N.C. Gen. Stat. § 84-25.   Fees of applicants
  All applicants before the Board of Law Examiners shall pay such fees as prescribed under the rules of said Board as may be promulgated...
• N.C. Gen. Stat. § 84-26.   Expenses of Board of Law Examiners
  Notwithstanding G.S. 93B-5(b), each member of the Board of Law Examiners shall receive the member's actual expenses of travel and subsistence while engaged in...
• N.C. Gen. Stat. § 84-27.   Repealed by Session Laws 1945, c. 782
• N.C. Gen. Stat. § 84-28.   Discipline and disbarment
  (a) Any attorney admitted to practice law in this State is subject to the disciplinary jurisdiction of the Council under such rules and procedures...
• N.C. Gen. Stat. § 84-28.1.   Disciplinary hearing commission
  (a) There shall be a disciplinary hearing commission of the North Carolina State Bar which shall consist of 20 members. Twelve of these members...
• N.C. Gen. Stat. § 84-28.2.   Persons immune from suit
  Persons shall be immune from suit for all statements made without malice, and intended for transmittal to the North Carolina State Bar or any...
• N.C. Gen. Stat. § 84-29.   Evidence and witnesses
  In any investigation of charges of professional misconduct or disability or in petitions for reinstatement, the Council and any committee thereof, and the disciplinary...
• N.C. Gen. Stat. § 84-30.   Rights of accused person
  Any person who shall stand charged with an offense cognizable by the council or any committee thereof or the disciplinary hearing commission or any...
• N.C. Gen. Stat. § 84-31.   Counsel; investigators; powers; compensation
  The Council may appoint a member of the North Carolina State Bar to represent the North Carolina State Bar in any proceedings in which...
• N.C. Gen. Stat. § 84-32.   Records and judgments and their effect; restoration of licenses
  (a) In cases heard by the disciplinary hearing commission or any committee thereof, the proceedings shall be recorded by a certified court reporter and...
• N.C. Gen. Stat. § 84-32.1.   Confidentiality of records
  (a) All documents, papers, letters, recordings, electronic records, or other documentary materials, regardless of physical form or characteristic, in the possession of the State...
• N.C. Gen. Stat. § 84-33.   Annual and special meetings
  The Council shall hold an annual meeting and other meetings necessary to conduct the business of the North Carolina State Bar. (1933, c. 210,...
• N.C. Gen. Stat. § 84-34.   Membership fees and list of members
  Every active member of the North Carolina State Bar shall, prior to the first day of July of each year, pay to the secretary-treasurer...
• N.C. Gen. Stat. § 84-34.1.   Deposits of the North Carolina State Bar
  Deposits of the North Carolina State Bar, its boards, agencies, and committees shall be secured as provided in G.S. 159-31(b). (1991, c. 210, s.
• N.C. Gen. Stat. § 84-34.2.   Specific statutory authority for certain fees
  In addition to fees the Council is elsewhere authorized to charge and collect, the Council may charge and collect the following fees in amounts...
• N.C. Gen. Stat. § 84-35.   Saving as to North Carolina Bar Association
  Nothing in this Article contained shall be construed as affecting in any way the North Carolina Bar Association, or any local bar association. (1933,...
• N.C. Gen. Stat. § 84-36.   Inherent powers of courts unaffected
  Nothing contained in this Article shall be construed as disabling or abridging the inherent powers of the court to deal with its attorneys. (1937,...
• N.C. Gen. Stat. § 84-36.1.   Clerks of court to certify orders
  The clerk of any court of this State in which a member of the North Carolina State Bar is convicted of any criminal offense,...
• N.C. Gen. Stat. § 84-37.   State Bar may investigate and enjoin unauthorized activities
  (a) The Council or any committee appointed by it for that purpose may inquire into and investigate any charges or complaints of (i) unauthorized...
• N.C. Gen. Stat. § 84-38.   Solicitation of retainer or contract for legal services prohibited; division of fees
  It shall be unlawful for any person, firm, corporation, or association or his or their agent, agents, or employees, acting on his or their...

Last modified: March 23, 2014