Who will serve as the primary attorney on the claim and what responsibilities will they have?
Who Will Serve as the Primary Attorney on the Claim and What Responsibilities Will They Have?
Detailed Answer
In a North Carolina personal-injury matter, the lawyer you sign a fee agreement with becomes your primary attorney of record. Under N.C. Gen. Stat. § 84-2.1, only a licensed North Carolina attorney may represent you in court or negotiate a settlement on your behalf. Within a law-firm team, other lawyers and legal staff may assist, yet one attorney must take the lead. Below are the core duties that attorney owes you under the North Carolina Rules of Professional Conduct:
Client Communication — Rule 1.4: The attorney must keep you reasonably informed, answer questions promptly, and explain each stage of the claim in everyday language.
Competent & Diligent Representation — Rules 1.1 & 1.3: They must investigate facts, gather medical records, preserve evidence, file lawsuits on time, and pursue the best outcome through negotiation or trial.
Fee Transparency — Rule 1.5: Your fee agreement must outline the contingency percentage, case costs, and how expenses are reimbursed from any recovery.
Conflict Checks — Rule 1.7: Before taking your case, the lawyer must verify no conflicts exist that could impair loyalty to you.
Supervision of Support Staff — Rule 5.3: Paralegals and investigators may work on your file, but the primary attorney remains responsible for their conduct and the accuracy of their work.
Settlement Authority — Rule 1.2: Only you can accept or reject a settlement. The attorney must present every bona fide offer and obtain your clear consent in writing before signing a release.
Trust-Account Management — Rule 1.15: When funds arrive, the attorney must deposit them into a trust account, pay liens, and give you a written disbursement sheet showing every dollar.
Court Filings & Advocacy: If negotiations fail, the attorney drafts the complaint, handles discovery, argues motions, and tries the case before a North Carolina judge or jury.
Firms sometimes assign a “secondary” or “litigation” attorney if the matter proceeds to trial. Even then, the primary attorney must coordinate strategy, keep you updated, and ensure deadlines are met.
Helpful Hints
Before signing a fee contract, ask for the primary attorney’s name and confirm they are licensed in North Carolina.
Request a timeline of next steps so you know when to expect updates.
Insist on receiving copies of all correspondence—letters, emails, and court filings.
Provide medical bills, accident reports, and witness contacts promptly to help your lawyer build a stronger claim.
Keep a pain journal; detailed notes make it easier for your attorney to document damages.
Take the Next Step
Choosing the right lawyer is the first move toward fair compensation. Our firm’s dedicated North Carolina personal-injury attorneys guide you from the first call through settlement or verdict, shouldering the legal burden so you can focus on recovery. Let us fight for you—call us today at 919-313-2737.
