State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_84 > GS_84-23

§ 84‑23.  Powers ofCouncil.

(a)        The Council isvested, as an agency of the State, with the authority to regulate theprofessional conduct of licensed lawyers and State Bar certified paralegals.Among other powers, the Council shall administer this Article; take actionsthat are necessary to ensure the competence of lawyers and State Bar certifiedparalegals; formulate and adopt rules of professional ethics and conduct;investigate and prosecute matters of professional misconduct; grant or denypetitions for reinstatement; resolve questions pertaining to membership status;arbitrate disputes concerning legal fees; certify legal specialists andparalegals and charge fees to applicants and participants necessary toadminister these certification programs; determine whether a member isdisabled; maintain an annual registry of interstate and international law firmsdoing business in this State; and formulate and adopt procedures foraccomplishing these purposes. The Council may do all things necessary in the furtheranceof the purposes of this Article that are not otherwise prohibited by law.

(b)        The Council or anycommittee of the Council, including the Client Security Fund and theDisciplinary Hearing Commission or any committee of the Commission, maysubpoena financial records of any licensed lawyers, lawyers whose licenses havebeen suspended, or disbarred lawyers, relating to any account into which clientor fiduciary funds have been deposited.

(c)        The Council maypublish an official journal concerning matters of interest to the legalprofession.

(d)        The Council mayacquire, hold, rent, encumber, alienate, lease, and otherwise deal with real orpersonal property in the same manner as any private person or corporation,subject only to the approval of the Governor and the Council of State as to theacquisition, rental, encumbering, leasing and sale of real property. TheCouncil may borrow money upon its bonds, notes, debentures, or other evidencesof indebtedness sold through public or private sale pursuant to a loanagreement or a trust agreement or indenture with a trustee, with such borrowingeither unsecured or secured by a mortgage on the Council's interest in real orpersonal property, and engage and contract with attorneys, underwriters,financial advisors, and other parties as necessary for such borrowing, withsuch borrowing and security subject to the approval of the Governor and theCouncil of State. The Council may utilize the services of the Purchase andContract Division of the Department of Administration to procure personalproperty, in accordance with the provisions of Article 3 of Chapter 143 of theGeneral Statutes.  (1933,c. 210, s. 9; 1935, c. 74, s. 1; 1937, c. 51, s. 2; 1975, c. 582, s. 3; 1977,c. 841, s. 2; 1995, c. 431, s. 16; 2003‑116, s. 2; 2004‑174, s. 1;2005‑396, s. 4; 2009‑82, s. 2.)