Proposed Amendments to NC Rules of Professional Responsibility

There have been proposed amendments to the Rules of Professional Responsibility and the Preamble. 

27 N.C.A.C. Chapter 2, Rules of Professional Conduct, Rule 0.1, Preamble

The proposed amendment adds a paragraph to the Preamble on equal treatment of all persons encountered when acting in a professional capacity.

Rule 0.1, Preamble: A Lawyer’s Responsibilities

[6] The North Carolina Constitution requires that “right and justice shall be administered without favor, denial, or delay.” Public confidence in the justice system is strengthened when all participants are treated equally, fairly, honestly, and respectfully within the system. A lawyer, as a representative of and crucial contributor to the justice system, should foster public confidence in the administration of justice by treating all persons the lawyer encounters in a professional capacity equally, courteously, respectfully, and with dignity regardless of a person’s race, sex, national origin, religion, age, disability, sexual orientation, gender identity, marital status, or socioeconomic status.

Proposed Amendment to the Comment to Rule 1.1 of the Rules of Professional Conduct

27 N.C.A.C. Chapter 2, Rules of Professional Conduct, Rule 1.1, Competence

The proposed amendment states that competency includes awareness of implicit bias and cultural differences relative to a client that might impact the lawyer’s representation of the client.

Rule 1.1, Competence

A lawyer shall not handle a legal matter that the lawyer knows or should know he or she is not competent to handle without associating with a lawyer who is competent to handle the matter. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Comment

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Maintaining Competence

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[9] Competency includes a lawyer’s awareness of implicit bias and cultural differences relative to a client or anyone involved in a client’s matter that might affect the lawyer’s representation of the client. This is to ensure understanding of the client’s needs, effective communication with the client and others, and adequate representation of the client.

See more or comment at: https://www.ncbar.gov/for-lawyers/ethics/proposed-amendments-to-the-rules-of-professional-conduct/