NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1199

HOUSE BILL 1206

 

 

AN ACT TO PRESCRIBE CONDITIONS PRECEDENT TO THE GRANTING OF PERMISSION FOR OUT OF STATE ATTORNEYS TO PRACTICE IN THE GENERAL COURT OF JUSTICE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 84 of the General Statutes is hereby amended by adding a new Section thereto to be designated Section 84-4.1 and to read as follows:

"Sec. 84-4.1.  Limited Practice of Out of State Attorneys. Any attorney regularly admitted to practice in the courts of record of another state and in good standing therein, having been retained as attorney for any party to a legal proceeding, civil or criminal, pending in the General Court of Justice of North Carolina, may, on motion, be admitted to practice in the General Court of Justice for the sole purpose of appearing for his client in said litigation, but only upon compliance with the following conditions precedent:

"(1)      He shall set forth in his motion his full name, post office address and status as a practicing attorney in such other state.

"(2)      He shall attach to his motion a statement, signed by his client, in which the client sets forth his post office address and declares that he has retained the attorney to represent him in such proceeding.

"(3)      He shall attach to his motion a statement that unless permitted to withdraw sooner by order of the court, he will continue to represent his client in such proceeding until the final determination thereof, and that with reference to all matters incident to such proceeding, he agrees that he shall be subject to the orders and amenable to the disciplinary actions and the civil jurisdiction of the General Court of Justice in all respects as if he were a regularly admitted and licensed member of the Bar of the State of North Carolina.

"(4)      He shall attach to his motion a statement to the effect that the state in which he is regularly admitted to practice grants like privileges to members of the Bar of North Carolina in good standing.

"(5)      He shall attach to his motion a statement to the effect that he has associated and has personally appearing with him in such proceeding an attorney who is a resident of this State and is duly and legally admitted to practice in the General Court of Justice of North Carolina, upon whom service may be had in all matters connected with such legal proceedings, with the same effect as if personally made on such foreign attorney within this State.

"(6)      Compliance with the foregoing requirements shall not deprive the Court of the discretionary power to allow or reject the application."

Sec. 2.  Permission granted under the preceding Section may be summarily revoked by the General Court of Justice, on its own motion and in its discretion.

Sec. 3.  All laws and clauses of laws in conflict wtih this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 6th day of July, 1967.