§ 84A-4. Scope of practice. - North Carolina Statutes

§84A‑4.  Scope of practice.

(a)        Subject to thelimitations set forth in subsections (b) and (c) of this section, a personlicensed as a foreign legal consultant under this Chapter may provide legalservices in the State and be compensated for those legal services.

(b)        A person licensedas a foreign legal consultant shall not engage in any of the following:

(1)        Appear on behalf ofanother person or entity as the attorney for that person or entity in any legalproceeding or before any judicial officer or State or municipal agency ortribunal.

(2)        Sign or file in thecapacity of an attorney any pleadings, motions, or other documents in any legalproceeding or before any judicial officer or State or municipal agencies, ortribunal.

(3)        Prepare any deed,deed of trust, mortgage, option, lease, assignment, agreement or contract ofsale, or any other instrument that may affect title to real estate located inthe United States.

(4)        Prepare any will ortrust instrument affecting the disposition of any property located in theUnited States and owned by a resident of the United States.

(5)        Prepare anyinstrument relating to the administration of a decedent's estate in the UnitedStates.

(6)        Prepare anyinstrument affecting the marital relationship, rights, or duties of a residentof the United States or affecting the custody or care of the children of such aresident.

(7)        Render professionallegal advice regarding State law, the laws of any other state, the laws of theDistrict of Columbia, the laws of the United States or the laws of any foreigncountry other than the country in which the foreign legal consultant isadmitted to practice as an attorney or the equivalent thereof.

(8)        In any way representthat the foreign legal consultant is licensed as an attorney in the State or inany other jurisdiction unless he or she is licensed in that jurisdiction.

(9)        Use any title otherthan "foreign legal consultant"; provided, however, that the foreignlegal consultant's authorized title and firm name in the foreign country in whichhe or she is admitted to practice as an attorney or the equivalent thereof, maybe used, if the title, firm name, and the name of the foreign country arestated together with the title "foreign legal consultant". Nothingmay be added to the title to create the impression that the foreign legalconsultant holds a license to practice law in North Carolina.

(10)      Be hired by a firm asa partner, member, or in any capacity other than as a foreign legal consultantwhose services shall be overseen by an attorney licensed to practice law inNorth Carolina.

(c)        If a particularmatter requires legal advice from a person admitted to practice law as anattorney in a jurisdiction other than the one in which the foreign legalconsultant is admitted to practice law, or its equivalent thereof, then theforeign legal consultant shall consult an attorney, or the equivalent thereof,in that other jurisdiction, obtain written legal advice on the particularmatter, and transmit the written legal advice to the client. (1995,c. 427, s. 1.)