State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_84 > GS_84-4_1

§ 84‑4.1.  Limitedpractice of out‑of‑state attorneys.

Any attorney domiciled inanother state, and regularly admitted to practice in the courts of record ofand in good standing in that state, having been retained as attorney for aparty to any civil or criminal legal proceeding pending in the General Court ofJustice of North Carolina, the North Carolina Utilities Commission, the NorthCarolina Industrial Commission, the Office of Administrative Hearings of NorthCarolina, or any administrative agency, may, on motion, be admitted to practicein that forum for the sole purpose of appearing for a client in the proceeding.The motion required under this section shall be signed by the attorney andshall contain or be accompanied by:

(1)        The attorney's fullname, post‑office address, bar membership number, and status as apracticing attorney in another state.

(2)        A statement, signedby the client, setting forth the client's address and declaring that the clienthas retained the attorney to represent the client in the proceeding.

(3)        A statement thatunless permitted to withdraw sooner by order of the court, the attorney willcontinue to represent the client in the proceeding until its finaldetermination, and that with reference to all matters incident to the proceeding,the attorney agrees to be subject to the orders and amenable to thedisciplinary action and the civil jurisdiction of the General Court of Justiceand the North Carolina State Bar in all respects as if the attorney were aregularly admitted and licensed member of the Bar of North Carolina in goodstanding.

(4)        A statement that thestate in which the attorney is regularly admitted to practice grants likeprivileges to members of the Bar of North Carolina in good standing.

(5)        A statement to theeffect that the attorney has associated and is personally appearing in theproceeding, with an attorney who is a resident of this State, has agreed to beresponsible for filing a registration statement with the North Carolina StateBar, and is duly and legally admitted to practice in the General Court ofJustice of North Carolina, upon whom service may be had in all mattersconnected with the legal proceedings, or any disciplinary matter, with the sameeffect as if personally made on the foreign attorney within this State.

(6)        A statementaccurately disclosing a record of all that attorney's disciplinary history.Discipline shall include (i) public discipline by any court or lawyerregulatory organization, and (ii) revocation of any pro hac vice admission.

(7)        A fee in the amountof two hundred twenty‑five dollars ($225.00), of which two hundreddollars ($200.00) shall be remitted to the State Treasurer for support of theGeneral Court of Justice and twenty‑five dollars ($25.00) shall betransmitted to the North Carolina State Bar to regulate the practice of out‑of‑stateattorneys as provided in this section.

Compliance with the foregoingrequirements does not deprive the court of the discretionary power to allow orreject the application. (1967, c. 1199, s. 1; 1971, c. 550, s. 1; 1975, c. 582, ss. 1, 2; 1977,c. 430; 1985 (Reg. Sess., 1986), c. 1022, s. 8; 1991, c. 210, s. 2; 1995, c.431, s. 5; 2003‑116, s. 1; 2004‑186, s. 4.2; 2005‑396, s. 1;2007‑200, s. 4; 2007‑323, s. 30.8(k).)