How Grievances Are Started at the North Carolina State Bar

***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 a grievance can be stressful. Understanding how 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 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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