NC General Statutes

N.C. Gen. Stat. § 84-28.2 (2026)

Persons immune from suit

✓ current as of July 2026

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Persons shall be immune from suit for all statements made without malice, and intended for transmittal to the North Carolina State Bar or any board, committee, officer, agent or employee thereof, or given in any investigation or proceedings, pertaining to alleged misconduct or disability or to reinstatement of an attorney. The protection of this immunity does not exist, however, as to statements made to others not intended for this use. (1975, c. 582, s. 4; 1995, c. 431, s. 20.)

Notes of Decisions

Cited in 3 cases, 1995–2015 · leading case: Wallace v. Jarvis, 459 S.E.2d 44 (N.C. Ct. App. 1995).

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Wallace v. Jarvis, 459 S.E.2d 44 (N.C. Ct. App. 1995). · cites it 6× “He bases his claim of immunity on N.C. Gen. Stat. § 84-28.2 (1985), which provides in part: Persons shall be immune from suit for all statements made without malice, and intended for transmittal to the North Carolina State Bar or any committee, officer, agent or employee…”

Snyder v. Learning Servs. Corp., 653 S.E.2d 548 (N.C. Ct. App. 2007). · cites it 2× “N.C. Gen. Stat. § 84-28.2 (1985). In its opinion, this Court distinguished between sovereign immunity and statutory immunity, the latter of which would be “available to [defendant] if he satisfies all of the [statutory], requirements.”

Delgado v. Petruk (N.C. Ct. App. 2015). · cites it 2× “PETRUK Opinion of the Court “statutory in nature and is available to him if he satisfies all of the requirements of N.C. Gen. Stat. § 84-28.2 . Thus, defendant would be immune from suit only if his communications to the State Bar were made without malice.”

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