27 NCAC 01D .1723. SUSPENSION OR REVOCATION OF CERTIFICATION AS A SPECIALIST

(a)  Automatic Revocation. The board shall revoke its certification of a lawyer as a specialist if the lawyer is disbarred or receives a disciplinary suspension from the North Carolina State Bar, a North Carolina court of law or, if the lawyer is licensed in another jurisdiction in the United States, from a court of law or the regulatory authority of that jurisdiction. Revocation shall be automatic without regard for any stay of the suspension period granted by the disciplinary authority. This provision shall apply to discipline received on or after the effective date of this provision.

(b)  Discretionary Revocation or Suspension. The board may revoke its certification of a lawyer as a specialist if the specialty is terminated or may suspend or revoke such certification if it is determined, upon the board's own initiative or upon recommendation of the appropriate specialty committee and after hearing before the board as provided in Rule .1802 and Rule .1803, that:

(1)           the certification of the lawyer as a specialist was made contrary to the rules and regulations of the board;

(2)           the lawyer certified as a specialist made a false representation, omission or misstatement of material fact to the board or appropriate specialty committee;

(3)           the lawyer certified as a specialist has failed to abide by all rules and regulations promulgated by the board;

(4)           the lawyer certified as a specialist has failed to pay the fees required;

(5)           the lawyer certified as a specialist no longer meets the standards established by the board for the certification of specialists; or

(6)           the lawyer certified as a specialist received public discipline from the North Carolina Bar on or after the effective date of this provision, other than suspension or disbarment and the board finds that the conduct for which the professional discipline was received reflects adversely on the specialization program and lawyer's qualification as a specialist; or

(7)           the lawyer certified as a specialist was sanctioned or received public discipline on or after the effective date of this provision from any state or federal court or, if the lawyer is licensed in another jurisdiction, from the regulatory of that jurisdiction in the United States, and the board finds that the conduct for which the sanctions or professional discipline was received reflects adversely on the specialization program and the lawyer's qualification as a specialist.

(c)  Report to Board. A lawyer certified as a specialist has a duty to inform the board promptly of any fact or circumstance described in Paragraphs (a) and (b) of this Rule.

(d)  Reinstatement. If the board revokes its certification of a lawyer as a specialist, the lawyer cannot again be certified as a specialist unless he or she so qualifies upon application made as if for initial certification as a specialist and upon such other conditions as the board may prescribe.  If the board suspends certification of a lawyer as a specialist, such certification cannot be reinstated except upon the lawyer's application therefore and compliance with such conditions and requirements as the board may prescribe.

 

History Note:        Authority G.S. 84‑23;

Readopted Eff. December 8, 1994;

Amended Eff. February 5, 2004.