How much authority is too much?
Texas Governor Rick Perry has been indicted and arrested for allegedly using improper methods to cause the resignation of a District Attorney. [...]
Ethics and Professionalism
Discussing current ethics and professionalism issues in the practice of law, including commentary on ethics opinions and guest contributions from local attorneys.
Advising Clients on Social Media Posts
The North Carolina Ethics Committee proposed an opinion suggesting that lawyers may advise their clients to remove social media posts if doing so does not constitute spoliation or is otherwise illegal. [...]
May Judges be Boy Scouts in North Carolina?
In light of the recent California Judicial Bar’s proposed amendment which may prohibit judges from being members of the Boy Scouts, will North Carolina judges also be prohibited from participating in Boy Scouts? [...]
Is a Scout’s Honor Enough?
The California Judicial bar is proposing an amendment which would effectively prohibit Judges from being members of the Boy Scouts of America. [...]
Florida judge disbarred after secret relationship with prosecutor
The presiding judge and lead prosecutor established a “personal and emotional relationship” during the course of a capital murder trial. [...]
Avoiding a State Bar Grievance: Client Fee Disputes
Knowing and utilizing the Rules can go a long way in avoiding State Bar grievances and other costly disputes with clients. [...]
Inadvertent Disclosure of Privileged Information: Major Headache or Minor Hiccup?
You are going through the discovery materials that opposing counsel sent you when you come across a document that is marked “Privileged.” How do you handle this situation? What are your duties? [...]
Federal Appellate Court removes trial judge from stop-and-frisk case
In October 2013, the U.S. Court of Appeals for the Second Circuit blocked Judge Shira Scheindlin’s order requiring changes to the New York Police Department’s stop-and-frisk program and removed Judge Scheindlin from the case. In August, after a two-month trial, Scheindlin ruled that the NYPD not only violated the Fourth Amendment’s guarantee against unreasonable searches and seizures, but had also violated the Fourteenth Amendment by resorting to a “policy of indirect racial [...]
Officers of the Legal System: Requirements of a Self-Policing Profession
Editor’s Note: The Campbell Law Observer has partnered with the Wake County Bar Association & Tenth Judicial District to occasionally re-publish articles from the Professionalism Committee. The following article was recently published on the WCBA’s Professionalism Committee blog. I, like many of you, have never really considered myself to be a “policeman,” or perhaps more appropriately, a “law enforcement officer.” For one, law enforcement officers wear holsters on [...]
Good Cause, Bad Lawyering: Chevron fights Ecuadorian judgment in the U.S. through genuine claims of fraud
Ecuadorian plaintiffs alleging environmental harms and private injuries against Chevron may have lost their only remedy through their lawyer’s fraudulent actions in Ecuador. [...]
Seven Dirty Words in Lawyer Advertising
OK, so the words are not really dirty, indecent, or obscene, and their use won’t get you arrested — a la George Carlin. But there are certain words or phrases a NC attorney should be wary of when creating a webpage or an advertisement. These are words or phrases that can get you in trouble unless you are careful about how you use them and, in some cases, unless you include disclaimer language. By the way, this is not an exclusive list, but it does include some of the usual language that trips up attorneys. [...]
Fighting the “Good Fight?”: When personal views and professional duties collide
North Carolina Attorney General Roy Cooper's challenge of defending a same-sex marriage ban that he personally opposes demonstrates the unique position faced by attorneys general. [...]
Note from the Editor
Bringing the Campbell Law Observer online in March 2012 was just the first step in bringing the only publication of its kind in North Carolina to fruition. The editorial team, led by Editor-in-Chief Emeritus John Hardin, undertook the substantial task of transitioning a print-only publication to an online-only publication. Numerous newspapers, magazines, and other print media across the nation have struggled with such a choice. Look no further than Newsweek. The Law Observer is [...]
Serving the Public and Avoiding Conflicts [Updated]
The North Carolina Rules of Professional Conduct create unique challenges for lawyers appointed to public office. [...]
Disclaim and Disclose: Navigating the “Blawgosphere” without Violating the Rules of Ethics
People routinely use the Internet for various functions. Whether personal, professional, or political, web use undoubtedly plays a prominent role in the everyday lives of many Americans. As is often the case, however, with popularity often comes problems. Turn on the news, click on a news website, or tap the news app on your smartphone, and you likely will find a story involving the use – or misuse – of technology and social media. In March of 2011, Virginia attorney Horace Hunter [...]
