Bill Summary for S 518 (2011-2012)

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Summary date: 

Jun 6 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 518 (Public) Filed Tuesday, April 5, 2011
Intro. by Vaughan, Stein.

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Bill summary

House committee substitute makes the following changes to 2nd edition. Deletes the provisions of the 2nd edition and replaces it with AN ACT TO REQUIRE LANDLORDS TO GIVE NOTICE TO THE NORTH CAROLINA STATE BAR OF AN ATTORNEY’S DEFAULT ON A LEASE IN ORDER TO PROTECT THE CONFIDENTIALITY OF THE ATTORNEY’S FILES.
Enacts new GS 42-14.4 to require a landlord to notify the State Bar (Bar) 15 days before destroying any potentially confidential materials (defined as client files, trust or operating account records, or other materials related to client matters) that remain on the premises after a landlord obtains possession of the premises from a tenant that the landlord knows is an attorney. Applies when the landlord obtains possession of the premises by summary ejectment or other means. Allows the landlord to move the materials into storage during the 15-day period after notice. Allows the Bar, or its designee, to take possession of the materials within the 15-day period, without a court order and at the Bar’s expense. Provides for the landlord to return the materials to the tenant at the tenant’s request, provided that the landlord has not received a court order directing otherwise. Allows the landlord to destroy the materials if the Bar does not take possession within the 15-day period. Makes a conforming change to GS 44A-2. Effective October 1, 2012.