§ 84A-5. Duties of a foreign legal consultant.
§84A‑5. Duties of a foreign legal consultant.
A foreign legal consultantshall:
(1) Be subject to rulesadopted by the North Carolina Supreme Court and the North Carolina State Barand be subject to professional discipline in the same manner as is prescribedfor disciplinary proceedings against attorneys;
(2) Be subject to aproceeding brought by the North Carolina State Bar in superior court pursuantto G.S. 84‑28(j) to protect the interests of clients of disabled,incapacitated, or deceased foreign legal consultants;
(3) Provide the Clerk ofthe North Carolina Supreme Court with evidence of professional liabilityinsurance, in an amount as prescribed by the Supreme Court to assure theforeign legal consultant's proper professional conduct and responsibility;
(4) Subject his or hertrust accounts to audit in the same manner as is prescribed for attorneyslicensed to practice law in North Carolina;
(5) Execute and filewith the Clerk of the North Carolina Supreme Court, in a form and manner asprescribed by the Clerk:
a. An oath attestingthat the foreign legal consultant will abide by the Rules of ProfessionalConduct of the North Carolina State Bar and those rules and directives of theNorth Carolina Supreme Court that are applicable to foreign legal consultants;
b. A document settingforth the foreign legal consultant's address in the State and designating theClerk of the North Carolina Supreme Court as agent upon whom process may beserved, with the same effect as if served personally upon the foreign legalconsultant in any judicial, quasi‑judicial, or administrative proceedingbrought against the foreign legal consultant arising out of or based upon anylegal services rendered or offered to be rendered by the foreign legalconsultant within the State or to residents of the State; and
c. The foreign legalconsultant's commitment to notify the Clerk of the North Carolina Supreme Courtof any resignation or revocation of the foreign legal consultant's admission topractice law, or the equivalent thereof, in the foreign country in which he orshe is admitted to practice as an attorney, or the equivalent thereof, and ofany censure, suspension, reprimand, or expulsion with respect to thatadmission, or of any change of address within the State.
(6) Pay an annualadministration fee to the North Carolina State Bar equal in amount to theannual membership fee charged to active members of the North Carolina StateBar. Such fee shall be due on January 1 and delinquent on July 1 for each yearor portion of a year in which the foreign legal consultant holds a certificateof registration. No portion of the annual administrative fee shall be waived orprorated. The State Bar's rules and regulations regarding enforcement andcollection of annual membership fees shall apply to the enforcement of theobligation to pay the administrative fee. (1995, c. 427, s. 1.)