The Official Gazette of the said amendment of September 3, 2020 bearing serial number S.1 No. 15 of 2020 states: “The Code of Professional Conduct of Lawyers of 2007 is amended by deleting the following rules, namely: 9 (2), 10, 11, 12 and 13.” And the quote reads: “These rules may be cited under the title Rules of Professional Conduct for Lawyers (Amendment) 2020.” 3. A lawyer must be certified to meet the requirements of the CPD program if, in the relevant year, he earns the number of credit hours required by the rules of the Nigerian Bar Association to participate in the program. The Bar Council shall have a quorum eight times and the Council may adopt rules of procedure governing the procedure and procedures of the Council. As a Council composed of respected and highly respected legal luminaries, the functions of the Bar Council cannot and should not be abused by a single member of the Council. Now, let`s briefly look at the impact of these RPC rules that have supposedly been removed. (a) Reporting period. Subject to paragraphs 1 and 2, the reference period for continuing legal education requirements shall be three years, from 1 March to the last day of February: (d) Non-residents. Any active member residing outside of North Carolina who does not practice in North Carolina for at least six (6) consecutive months and does not represent North Carolina clients in matters governed by North Carolina law is exempt from the requirements of these rules. The purpose of these legal education rules is to assist attorneys licensed to practice and practice law in North Carolina to acquire and maintain professional competence for the benefit of the public they serve. The North Carolina State Bar Association is mandated under Chapter 84 of the North Carolina General Regulations to establish rules of professional conduct and to discipline lawyers who do not comply with those rules. The revised Code of Professional Conduct, adopted by the North Carolina State Bar and approved by the North Carolina Supreme Court, requires lawyers to adhere to important ethical standards, including providing competent legal services to represent their clients. Rule 8.1 Admission to the Bar and Disciplinary Matters Rule 8.2 Judges and judicial officials Rule 8.3 Reporting of professional misconduct Rule 8.4 Misconduct Rule 8.5 Disciplinary authority; Choice of law Rule 11 provides for mandatory legal training, Rule 12 provides for an annual certificate of practice of law, while Rule 13 provides for publication of legal practice upon establishment of a private law firm.
The Nigerian Bar Association was not consulted. This is a clear case of shaving someone`s head in their absence. For this reason, the 2020 amendment is not valid and should not remain in place. (a) Professional Liability Programs for Stress, Substance Abuse, Chemical Dependence and Debilitating Mental Illness – Accredited professional liability programs for stress, substance abuse, chemical dependence and debilitating mental states focus on the relationship between stress, substance abuse, chemical dependence, debilitating mental states and a lawyer`s professional responsibilities. These programs may also include (1) education on the prevention, detection, treatment, and etiology of stress, substance abuse, chemical dependence, and debilitating mental states, and (2) information on support for dependent or mentally dependent lawyers available through professional lawyer organizations. A maximum of three hours of continuing education credit is granted for such a program or segment of a program. (j) Permanent disability. Lawyers who have a permanent disability that makes it excessively difficult to participate in continuing education programs may apply for a permanent replacement program instead of participating and must create legal education plans tailored to their specific interests and physical abilities. The Council shall consider and approve or disapprove such plans on an individual basis and without undue delay.
(c) Prepaid Legal Services Plan or Plan – any agreement whereby a natural or legal person who is not entitled to carry on the legal business offers, for consideration, to arrange for the provision of certain legal services, which are paid in advance if there is an immediate need for the specified legal services (“Covered Services”). In addition to the services covered, a plan may arrange for the provision of certain legal services at lower fees than a non-plan member would normally pay. North Carolina legal services organized in a plan must be provided by a North Carolina licensed attorney who is not an employee, administrator, or owner of the plan. A plan does not include the sale of an identified and limited legal service, such as writing a will, for a fixed, one-time fee. (c) judicial and clerical staff. Members of the state judiciary who, by virtue of their judicial functions, are required to complete an average of twelve or more hours per year of judicial or other training, as well as all members of the federal judiciary, are exempt from the requirements of these Regulations for each calendar year in which they exercise any part of that judicial function. In addition, a full-time law clerk for a member of the federal or state judiciary is exempt from the requirements of this policy for each calendar year in which the clerk of the court exercises part of the law in that capacity, provided, however, that the proposed amendments to the rules of the North Carolina State Bar Association in the quarter following the approval of their publication by the Council of the North Carolina State Bar, be published for opinion. The proposed changes will be published in North Carolina State Bar`s Journal and on this website.
Once published for opinion, the proposed amendments to the rules will be considered for adoption by the Council at its next quarterly session.