Except as otherwise permitted by law, it shall be unlawful for any person or association of persons, except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to appear as attorney or counselor at law in any action or proceeding before any judicial body, including the North Carolina Industrial Commission, or the Utilities Commission; to maintain, conduct, or defend the same, except in his own behalf as a party thereto; or, by word, sign, letter, or advertisement, to hold out himself, or themselves, as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising or counseling in law or acting as attorney or counselor-at-law, or in furnishing the services of a lawyer or lawyers; and it shall be unlawful for any person or association of persons except active members of the Bar, for or without a fee or consideration, to give legal advice or counsel, perform for or furnish to another legal services, or to prepare directly or through another for another person, firm or corporation, any will or testamentary disposition, or instrument of trust, or to organize corporations or prepare for another person, firm or corporation, any other legal document. Provided, that nothing herein shall prohibit any person from drawing a will for another in an emergency wherein the imminence of death leaves insufficient time to have the same drawn and its execution supervised by a licensed attorney-at-law. The provisions of this section shall be in addition to and not in lieu of any other provisions of this Chapter. Provided, however, this section shall not apply to corporations authorized to practice law under the provisions of Chapter 55B of the General Statutes of North Carolina. (1931, c. 157, s. 1; 1937, c. 155, s. 1; 1955, c. 526, s. 1; 1969, c. 718, s. 19; 1981, c. 762, s. 3; 1995, c. 431, s. 4.)
Notes of Decisions
In Re Twin Cnty. Motorsports, Inc., 766 S.E.2d 832 (N.C. 2014).
· cites it 41× “Because we have determined that a hearing before an administrative agency is not an “action or proceeding,” we hold that a nonattorney may appear or proceed on behalf of a corporation before an administrative hearing officer without engaging in the unauthorized practice of law…”
Capital Associated Indus., Inc. v. Cooper, 129 F. Supp. 3d 281 (M.D.N.C. 2015).
· cites it 10× “has failed to allege facts that would “imply that defendants have ever taken any action or made any statements concerning plaintiffs business, or that defendants have any intention of ever taking any action or making any statements under N.C.G.S. §§ 84-4 and. 84-5 against the…”
Reid v. Cole, 652 S.E.2d 718 (N.C. Ct. App. 2007).
· cites it 4× “See N.C. Gen.Stat. § 84-4 (2005) (with limited exceptions, it is unlawful for any person not licensed to practice law in this state to prepare for another person, firm or corporation, any legal document).”
Rawls & Assocs. v. Hurst, 550 S.E.2d 219 (N.C. Ct. App. 2001).
· cites it 6× “The Hursts also contend that Rawls and its engineers’ prepared legal documents in violation N.C.G.S. § 84-4, which makes it unlawful for anyone except a licensed attorney to practice law.”
Lexis-Nexis v. Travishan Corp., 573 S.E.2d 547 (N.C. Ct. App. 2002).
· cites it 2× “Regarding legal representation, North Carolina law provides that “it shall be unlawful for any person or association of persons, except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to appear as attorney or…”
In re T.R.P., 636 S.E.2d 787 (N.C. 2006).
“§ 84-4 (2005); see also id. § 7B-403(a). This unique authority recognizes the need to seek promptly the supervision of the trial court.”
State v. Williams, 650 S.E.2d 607 (N.C. Ct. App. 2007).
· cites it 6× “The unauthorized practice of law is barred by N.C. Gen. Stat. § 84-4 (2005), which provides in relevant part that: .”
In Re Springs, 358 B.R. 236 (Bankr. M.D.N.C. 2006).
· cites it 3× “N.C. Gen.Stat. § 84-4. The practice of law specifically includes performing any legal service for another person, preparing petitions, or assisting by advice, counsel, or otherwise in any legal work.”
Appeal of Stroh Brewery Co., 447 S.E.2d 803 (N.C. Ct. App. 1994).
· cites it 4× “I The County contends that its motion to dismiss Stroh Brewery’s appeal to the Commission should have been granted because the appeal violated the Commission’s own rules and N.C. Gen. Stat. § 84-4 , in that Freedman was not licensed to practice law in North Carolina.”
Harris & Hilton, P.A. v. Rassette, 798 S.E.2d 154 (N.C. Ct. App. 2017).
· cites it 2× “"); N.C. Gen. Stat. § 84-4 (2015) ("[I]t shall be unlawful for any person or association of persons, except active members of the Bar .”
State v. Pledger, 127 S.E.2d 337 (N.C. 1962).
· cites it 3× “The bills of indictment are grounded on G.S. 84-4 which, in pertinent part, provides: “.”
State Ex Rel. the Guilford Cnty. Bd. of Educ. v. Herbin, 716 S.E.2d 35 (N.C. Ct. App. 2011).
· cites it 27× “In this appeal we affirm the ruling of the trial court and hold that a bail agent may file a motion to set aside forfeiture as the filing of such motion does not constitute an appearance before a judicial body and therefore does not constitute a violation of N.C. Gen. Stat. §…”
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