State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_84 > GS_84-37

§ 84‑37.  State Bar mayinvestigate and enjoin unauthorized activities.

(a)        The Council or anycommittee appointed by it for that purpose may inquire into and investigate anycharges or complaints of (i) unauthorized or unlawful practice of law or (ii)the use of the designations, "North Carolina Certified Paralegal,""North Carolina State Bar Certified Paralegal," or "ParalegalCertified by the North Carolina State Bar Board of ParalegalCertification," by individuals who have not been certified in accordancewith the rules adopted by the North Carolina State Bar. The Council may bringor cause to be brought and maintained in the name of the North Carolina StateBar an action or actions, upon information or upon the complaint of any personor entity against any person or entity that engages in rendering any legalservice, holds himself or herself out as a North Carolina certified paralegalby use of the designations set forth in this subsection, or makes it a practiceor business to render legal services that are unauthorized or prohibited bylaw. No bond for cost shall be required in the proceeding.

(b)        In an actionbrought under this section, the final judgment if in favor of the plaintiffshall perpetually restrain the defendant or defendants from the commission orcontinuance of the unauthorized or unlawful act or acts. A temporary injunctionto restrain the commission or continuance of the act or acts may be grantedupon proof or by affidavit, that the defendant or defendants have violated anyof the laws applicable to unauthorized or unlawful practice of law or theunauthorized use of the designations set forth in subsection (a) of thissection or any other designation implying certification by the State Bar. Theprovisions of law relating generally to injunctions as provisional remedies inactions shall apply to a temporary injunction and the proceedings for temporaryinjunctions.

(c)        The venue foractions brought under this section shall be the superior court of any county inwhich the relevant acts are alleged to have been committed or in which thereappear reasonable grounds that they will be committed in the county where thedefendants in the action reside, or in Wake County.

(d)        The plaintiff inthe action shall be entitled to examine the adverse party and witnesses beforefiling complaint and before trial in the same manner as provided by law forexamining parties.

(e)        This section shallnot repeal or limit any remedy now provided in cases of unauthorized orunlawful practice of law. Nothing contained in this section shall be construedas disabling or abridging the inherent powers of the court in these matters.

(f)         The Council or itsduly appointed committee may issue advisory opinions in response to inquiriesfrom members or the public regarding whether contemplated conduct wouldconstitute the unauthorized practice of law. (1939, c. 281; 1979, c. 570, s. 9; 1995, c. 431, s.26; 2004‑174, s. 2.)