Fillable INSTRUCTIONS FOR PETITIONERS FOR INACTIVE STATUS Revised January (North Carolina State Bar)

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INSTRUCTIONS FOR PETITIONERS FOR INACTIVE STATUS Revised January (North Carolina State Bar)

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INSTRUCTIONS FOR PETITIONERS FOR INACTIVE STATUS
Revised January 2016
Procedure
The petition must be reviewed by the Administrative Committee and approved by the State Bar
Council. The committee and the council meet quarterly in January, April, July, and October of each
year. The dates of the meetings are posted on the NC State Bar’s website: www.ncbar.gov.
Instructions for Completing and Filing Petition
1. Print or type the petition. Complete, date, and sign the petition to acknowledge that you have
read and understand the questions or statements on the petition.
2. The mandatory membership and CLE fees, for the year in which you file the petition, must be
current. If you have not paid the current year’s membership fees, contact the Membership
Department at (919) 828-4620, for the balance owed to the State Bar. For questions concerning
your CLE fees, contact the CLE department at (919) 733-0123.
3. The petition must be postmarked on or before December 31
st
to avoid incurring the
mandatory membership fees for the following year.
4. Mail the petition and any supporting documentation to:
NC State Bar
Membership Department
PO Box 26088
Raleigh, NC 27611
Petitions received 30 days prior to the meeting of the State Bar Council will receive a
confirmation notice (via mail or e-mail). Petitions submitted later than 30 days prior to the
meeting may be delayed in processing until the next quarterly State Bar meeting. Keep a copy
of your petition for your records. Please contact the Membership Department at (919)
828-4620 if you do not receive a confirmation notice.
5. If your request for inactive status is granted by the State Bar Council, an inactive order will be
mailed to the address you provide on the petition within a couple of weeks after the meeting.
Effect of Inactive Status:
If your membership status is inactive, you cannot practice North Carolina law, including giving
advice regarding North Carolina law, or serving as a judge in any tribunal that requires an active
North Carolina law license. You are also prohibited from serving in an “of counsel” capacity and
from holding yourself out as a “lawyer”, “attorney”, “attorney at law” or any other designation that
implies that you are an active attorney who can provide legal services in North Carolina.
However, if you want to assist with the representation of Legal Aid clients (or other indigent
persons served by a nonprofit corporation), you may petition for emeritus pro bono status:
http://www.ncbar.gov/PDFs/Pro%20Bono%20Emeritus.pdf
.
Certified Specialists
: To retain your certification, you must remain substantially involved in your
specialty practice area. Substantial involvement is defined differently for each specialty but,
generally, it requires that the specialist actively practice the specialty for not less than 25% of a full
time practice every calendar year. Before petitioning for inactive status, check the recertification
standards for your specialty on the specialization website: www.nclawspecialist.gov
.
Pursuant to 27 N.C.A.C. Chapter 1D, Rule .0902, depending on the length of your inactive
status, you may be subject to additional CLE requirements and, in some instances, passage of
the Bar exam prior to reinstatement.
PETITION FOR TRANSFER TO INACTIVE STATUS
TO THE COUNCIL OF THE NORTH CAROLINA STATE BAR
1. Name:____________________________________ State Bar # ____________________
2. The address and telephone numbers where communications from the State Bar should be sent
during my inactive status:
Street Address
City, State, Zip
Home Phone #
Work Phone #
E-mail Address
3. I desire to be placed on inactive status for the following reason:
Retirement
Not Practicing Law in North Carolina
4. I have paid all membership dues, assessments, and fees owed to the North Carolina State Bar,
including those for the current year. I have also paid all fees owed to my local judicial district bar.
5. I acknowledge that, if this petition is granted, I will remain subject to the Rules of Professional
Conduct and to the disciplinary jurisdiction of the State Bar including jurisdiction in any pending
matter before the Grievance Committee or the Disciplinary Hearing Commission. I further
acknowledge that I will be subject to the requirements for reinstatement, including but not limited to
any CLE requirements, in effect at the time of filing a petition for reinstatement.
6. I understand that if I am granted inactive status that I cannot practice North Carolina law or serve as
“of counsel” to any North Carolina firm, organization or entity. Effective as of the date I am granted
inactive status, I have properly withdrawn from the representation of all clients and, with regard to
matters in litigation, I have followed the court’s protocol for withdrawal.
7. If applicable, I have filed the appropriate documents with the NC Secretary of State, Corporations
Division, and the NC State Bar to dissolve or amend the articles of __________________________,
the professional organization with which I was affiliated.
(PA / PC / PLLC name)
8. I wish for my petition to be considered at the January, April, July, or October State Bar Council
meeting. ___________________
9. By signing this petition, I confirm I have read and understand the questions or statements herein.
Signature Date
FOR OFFICE USE ONLY
Membership fees paid (y/n) _______
Owes CLE fees and/or ARF (y/n) ________
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INSTRUCTIONS FOR PETITIONERS FOR INACTIVE STATUS Revised January (North Carolina State Bar)

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Completed 20 July 2020

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