27 NCAC 01D .0208         Suing for Injunctive Relief

(a)  If the Authorized Practice Committee recommends that the North Carolina State Bar seek injunctive relief to prevent the unauthorized practice of law, the chair will report the recommendation to the Executive Committee.

(b)  If the Executive Committee decides to adopt the recommendation of the Authorized Practice Committee, it shall direct the counsel to prepare and file the necessary pleadings in the appropriate tribunal.

(c)  If the Executive Committee decides not to adopt the recommendation of the Authorized Practice Committee, the council will decide whether to authorize prosecution of the matter.

(d)  If the council decides not to adopt the recommendation of the Authorized Practice Committee, the file shall be referred back to the Authorized Practice Committee for alternative disposition.

(e)  If probable cause exists to believe that a respondent is engaged in the unauthorized practice of law and the harmful nature of the conduct is such that immediate action is needed to protect the public interest before the next quarterly meeting of the Authorized Practice Committee, the chair, with the approval of the president, may direct the counsel to file a complaint or petition in the name of the North Carolina State Bar in the appropriate tribunal seeking such temporary, preliminary, and permanent relief as is warranted.

History Note:        Authority G.S. 84-37;

Approved by the Supreme Court February 3, 2000;

Amendments Approved by the Supreme Court: March 20, 2024.