NCSB Journal Summer 2026

ETHICS COMMITTEE UPDATE

Ethics Committee Publishes One New Proposed Opinion; Returns Three Proposed Opinions to Subcommittee for Further Study

Council Actions The council did not adopt any new for mal ethics opinions this quarter. Ethics Committee Actions At its meeting on April 23, 2026, the Ethics Committee considered a total of eight inquiries. Six inquiries were sent or returned to subcommittee for further study, including Proposed 2025 FEO 3, Client Consent to Annual Rate Increase; Proposed 2026 FEO 1, Closing Attorney’s Referral to Law Partner’s Title Insurance Agency; and Proposed 2026 FEO 2, Release of Claims and Non-Disparagement Clause in Fee Agreement or as a Condition of Fee Dispute Resolution, all of which were published dur ing the prior quarter for comment. The com mittee also created a subcommittee to study the recent amendments to Model Rule 1.14, Client with Decision-Making Limitations. The committee published one proposed for mal ethics opinion for comment, which can be found below. The Ethics Committee wel comes comments on the proposed formal ethics opinion. Comments may be submitted by email to comments@ncbar.gov. Proposed 2026 Formal Ethics Opinion 3 Providing Client with Editable Electronic Copies of Documents April 23, 2026 Proposed opinion rules that a lawyer may provide an editable, electronic copy of a docu ment to a client under certain conditions, but that a lawyer is not required to provide an editable, electronic copy of a document to a client. Inquiry #1: Lawyer drafted a will for Client. One year later, Client contacted Lawyer requesting to update Client’s will. Lawyer communicated

the fee Lawyer would charge Client to update the will. Client informed Lawyer that he did not want to pay the fee; instead, Client insist ed on Lawyer providing an electronic, editable version of the will (e.g., the Microsoft Word file containing the will). Must Lawyer provide Client with the elec tronic, editable version of the will? Rule 1.16(d) requires a lawyer to “take steps to the extent reasonably practicable to protect a client’s interests” upon termination of representation. This includes providing “papers and property to which the client is entitled,” such as the client’s file. Id . The comment to Rule 1.16 explains Generally, anything in the file that would be helpful to successor counsel should be turned over. This includes papers and other things delivered to the discharged lawyer by the client such as original instru ments, correspondence, and canceled checks. Copies of all correspondence received and generated by the withdraw ing or discharged lawyer should be released as well as legal instruments, plead ings, and briefs submitted by either side or prepared and ready for submission. The lawyer's personal notes and incomplete work product need not be released. Rule 1.16, comment [10]. The Ethics Committee has previously recognized that “[a] lawyer must exercise his or her legal judg ment when deciding what documents or information to retain in a client’s file.” 2002 FEO5; see also 2013 FEO 15. In 2013 FEO 15, the Ethics Committee concluded that a lawyer may omit from the client file a variety of records, including “items that are associat ed with a particular client such as backups, voicemail recordings, and text messages Opinion #1: No.

Rules, Procedure, Comments

unless the items would be helpful to successor counsel.” A lawyer must also exercise profes sional judgment when deciding whether to preserve the client file in electronic or paper/hard-copy format. See 2013 FEO 15; RPC234. Public Information Ethics Committee’s meetings are public, and materials submitted for consideration are generally NOT held in confidence. Persons submitting requests for advice are cautioned that inquiries should not dis close client confidences or sensitive infor mation that is not necessary to the resolu tion of the ethical questions presented. All opinions of the Ethics Committee are predicated upon the North Car olina Rules of Professional Conduct. Any interested person or group may submit a written comment—including comments in support of or against the proposed opinion—or request to be heard concerning a proposed opinion. The Ethics Committee welcomes and encourages the submission of com ments, and all comments are consid ered by the committee at its next quar terly meeting. Any comment or request should be directed to the Ethics Com mittee at comments@ncbar.gov no later than July 6, 2026.

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THE NORTH CAROLINA STATE BAR JOURNAL