Short Answer

In North Carolina, the lawyer must speak directly with the injured adult because the adult client controls the attorney–client relationship and confidentiality. A parent can join the call only if the adult gives clear consent or has a valid legal authorization (like a court-appointed guardianship or power of attorney). The consultation does not have to be in person; phone or video is fine if the adult participates.

Understanding the Problem

In North Carolina personal injury cases, can a parent handle the lawyer consultation when the injured person is an adult, or must the adult child participate—and can that be done by phone? Here, your child is an adult.

Apply the Law

Under North Carolina law and professional conduct rules, the attorney–client relationship belongs to the adult who was injured. The lawyer needs that adult’s consent to represent them and to share confidential information with anyone else, including a parent. A parent may help schedule, share background information, or even pay fees, but cannot direct the representation or receive confidential details without the adult’s permission. If the adult lacks capacity to participate, a legal representative (a court-appointed guardian) may act. Phone or video consultations are acceptable; in-person meetings are not required.

Key Requirements

• Client consent: The injured adult decides whether to hire the lawyer and who may join or receive information.
• Confidentiality: The lawyer cannot discuss private case details with a parent unless the adult authorizes it.
• Third-party help: A parent may assist with scheduling or payment, but cannot control decisions or access confidential information without consent.
• Alternate authority: A valid power of attorney or a court-appointed guardian can speak and act for the adult if properly authorized.
• Form of consult: Phone or video is fine; in-person is not required as long as the adult participates.
• Time limits: Most North Carolina personal injury claims have a three-year deadline from the accident to file suit.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most injury lawsuits must be filed within three years of the accident.
• N.C. Gen. Stat. § 35A-1101 (Incompetence; definitions) - Sets the standard for when an adult is legally incompetent and may need a guardian.
• N.C. Gen. Stat. § 35A-1103 (Petition process) - Explains how to petition the Clerk of Superior Court for an incompetency determination and guardianship.

Analysis

Apply the Rule to the Facts: Because your child is an adult, the lawyer must consult directly with them. You may help schedule and join the call if your child says yes, but the lawyer cannot discuss confidential details with you without your child’s consent. If your child cannot meaningfully participate due to injury, you may need legal authority (a power of attorney already in place or a guardianship through the Clerk of Superior Court) to speak for them.

Process & Timing

1. Who files: The adult child (or their authorized legal representative). Where: Directly with the law firm by phone or video. What: Schedule a consultation; the adult confirms consent for anyone else to join. When: As soon as practical after the accident.
2. If the parent will participate: Begin the call with the adult’s clear consent for the parent to be present; the firm may request a simple written authorization for ongoing updates. This can be done immediately.
3. If the adult cannot participate: Who files: An interested person (often a family member). Where: Clerk of Superior Court (Special Proceedings) in the county where the adult resides. What: File a guardianship petition using the AOC guardianship forms available on nccourts.gov; emergency relief may be requested if needed. When: File promptly; routine cases can take weeks, emergency orders can be faster.

Exceptions & Pitfalls

• Capacity issues: If the adult cannot understand or make decisions, a preexisting power of attorney or a court-appointed guardian is needed to act.
• Consent gaps: Without the adult’s consent, the lawyer cannot share confidential details with a parent—even if the parent is paying.
• Scope of authority: A power of attorney must cover legal and claims matters; limited or expired documents may not suffice.
• Missed deadlines: Waiting to resolve authority questions can risk the statute of limitations; start the process early.
• Medical privacy: Providers typically require the adult’s written authorization before releasing records to a parent; plan for that paperwork.

Talk to a Personal Injury Attorney

If you’re trying to get a consultation set up after your adult child’s car accident, our firm can walk you through who must be on the call and what authorizations are needed. If you’re unsure about capacity or timelines, reach out today so we can help you understand your options and next steps.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.