How Grievances Are Started at the North Carolina State Bar

Dealing with the NC State Bar Grievance Process
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***THIS POST IS PART OF A SERIES DESIGNED TO HELP NORTH CAROLINA ATTORNEYS BETTER UNDERSTAND THE NORTH CAROLINA GRIEVANCE PROCESS. STAY INFORMED ABOUT YOUR RIGHTS, RESPONSIBILITIES, AND WHAT TO EXPECT AT EACH STAGE***

If you are an attorney in North Carolina, receiving notice of an NC Bar grievance can be stressful. Understanding how NC Bar grievances start can help you prepare for the process and protect your professional reputation.

Who Can File a Complaint?

Until very recently, anyone – literally anyone – could file a complaint against a lawyer with the North Carolina State Bar. This included:

  • Clients
  • Opposing parties
  • Other attorneys
  • The State Bar
  • Judges
  • The general public 
  • A neighbor who hates the way your yard looks
  • A total stranger you meet on the street who wants to ruin your life

Thanks to a recent legislative change, however, there is a now a “standing” requirement to file a North Carolina State Bar grievance.

Now, a complainant needs to be in one of the following categories to file a grievance: 

(1) An attorney or judge pursuant to their obligation to report misconduct in accordance with the Rules of Professional Conduct; 

(2) A judge, attorney, court staff member, juror, party, or client in the legal matter that is the subject of the grievance; or 

(3) A person who has a cognizable interest in or connection to the legal matter or facts alleged in the grievance, or that person’s representative.

Other Ways Grievances Begin

Besides individual complaints, grievances can originate from:

  • Court findings: If a judge issues sanctions or highlights ethical concerns in an opinion.
  • Audits or trust account inspections: If financial irregularities appear in an attorney’s trust account.
  • The State Bar: If the Bar receives information indicating that a lawyer may have violated the Rules, the Bar can open a file on its own, even without a complainant. 
  • Media reports: If a lawyer’s conduct is reported publicly and raises ethical concerns.

Understanding how grievances begin is the first step in navigating the process. In the next post, we’ll cover what happens after a complaint is filed.

 

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