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01.24.2014 Consent Order of Disbarment [Hertford County]

February 10, 2014

On January 21, 2014, Rosiland T. Grant submitted an affidavit surrendering her law license.  In the affidavit, Grant notes a pending investigation into allegations that she misappropriated client funds exceeding $8,000. On January 24, 2014, the Council accepted Grant’s tender of surrendered law license, concluding that Grant did in fact misappropriate entrusted funds in violation of Rule 8.4(c) of the North Carolina Rules of Professional Conduct. View the full disciplinary order below. [...]

12.11.2013 Order of Discipline – Censure [Wayne County]

January 22, 2014

James Thomas Brown was censured for his role as closing attorney in certain real estate transactions that occurred from 2004 to 2006.  In total, there were nine real estate transactions at issue, all of which were purchase transactions.  In his role as the closing attorney, however, Brown prepared HUD-1 Settlement Statements falsely indicating that the transactions were refinance loans rather than purchase transactions. Brown prepared and submitted the false HUD-1 statements at the [...]

11.27.2013 Consent Order of Discipline – Suspension [Brunswick County]

January 22, 2014

Susan Saturno was retained to perform a real estate closing on a residential refinance transaction.  As the closing attorney, Saturno represented both the homeowner and the lending institution.  Though the lending institution requested that Saturno have the homeowner execute a “Road Maintenance Agreement,” Saturno failed to have the homeowner execute the agreement at the closing.  Following the closing, Saturno herself signed the homeowner’s name to the agreement.  Ultimately, the [...]

11.26.2013 Consent Order of Discipline – Suspension [Beaufort County]

January 22, 2014

Edwin M. Hardy was disciplined for various recordkeeping issues pertaining to his client trust account.  Specifically, Hardy failed to: conduct monthly and quarterly reconciliations of his attorney trust account; maintain ledgers for each client for whom funds were received in the trust account; accurately record the date of deposit on client ledgers; and provide written accountings to clients with funds in the trust account for more than twelve months. Additional missteps included Hardy’s [...]

11.21.2013 Consent Order of Discipline – Suspension [Rowan County]

January 22, 2014

William “Trippe” McKeny was disciplined for various grievances related to his client trust account, many of which involved McKeny’s failure to properly maintain records relating to the trust account.  Additionally, McKeny received payments from clients via credit card; these payments were credited directly to the client trust account.  The credit card processing fees were debited from the trust account, resulting in entrusted funds being used to satisfy McKeny’s obligations to the [...]

11.01.2013 Order of Discipline – Suspension [Mecklenburg County]

November 27, 2013

In November 2008, William Belk was elected as a District Court judge in the District Court of Judicial District 26 in Mecklenburg County. At the time of his election, Mr. Belk was also a member of the Board of Directors of Sonic Automotive, Inc. Prior to his swearing-in, Mr. Belk was advised that a failure to resign his position on the Board of Directors at Sonic would amount to a violation of the Code of Judicial Conduct. Nevertheless, Mr. Belk did not resign his position. On February 13, [...]

10.30.2013 Order of Discipline – Suspension [Wake County]

November 27, 2013

In early 2012, the North Carolina Board of Continuing Legal Education mailed the 2011 CLE reporting form to John David Hauser, a Wake County attorney. All annual report forms were to be signed and returned to the State Bar or postmarked by February 29, 2012. Because Mr. Hauser did not return his form by that date, the CLE board sent a second notice, dated March 14, 2012. Finally, on May 10, 2012, the CLE Board issued a “Notice to Show Cause” to Mr. Hauser regarding his continued failure to [...]

10.29.2013 Order of Discipline – Consent Order of Suspension [Wake County]

November 27, 2013

This disciplinary order relates to two different trust accounts maintained by John H. McWilliam at two different firms during two different time periods. Prior to May 31, 2011, McWilliam was a member of Firm 1, where he maintained a trust account with BB&T. On May 31, 2011, McWilliam formed Firm 2, where he maintained a trust account with North State Bank. For both trust accounts, McWilliam employed and had direct supervisory authority over a bookkeeper. This bookkeeper oversaw receipt and [...]

10.25.2013 Order of Reinstatement [Buncombe County]

November 27, 2013

In August 2008, the Disciplinary Hearing Commission of the North Carolina State Bar suspended Paul L. Erickson from the practice of law for a period of five years.  Mr. Erickson’s suspension was based on his role in a “debt elimination scheme.”  In its twenty-two page order, the Commission concluded that Erickson violated a litany of Rules of Professional Conduct.  The suspension became effective on October 9, 2008. On September 24, 2013, Mr. Erickson filed a petition for [...]

10.03.13 Consent Order of Suspension [Guilford County]

October 18, 2013

On March 8, 2013, the Disciplinary Hearing Commission entered an order of discipline suspending Wilbur L. Linton, Jr., for two years.  That suspension was stayed for three years, however, contingent on Mr. Linton’s compliance with various conditions imposed by the order.  The original matter was before the Commission due to Mr. Linton’s failure to monitor his trust account adequately and his failure to maintain required trust account records.   At the October hearing, the Commission [...]

10.03.2013 Consent Order of Disbarment [Mecklenburg County]

October 18, 2013

On October 2, 2013, Matthew Jeffrey Lester submitted an “Affidavit of Surrender of Law License” in the Superior Court of Wake County, North Carolina.  Mr. Lester’s voluntary resignation was preceded by a pending investigation concerning allegations that he misappropriated client funds.  These included funds that were necessary to pay off a seller’s mortgage, as well as other money from Mr. Lester’s real estate trust account. Pursuant to Mr. Lester’s voluntary resignation, the [...]

09.30.13 Order of Discipline – Disbarment [Cumberland County]

October 18, 2013

Phillip Hunter Gilfus, a Fayetteville attorney, served as treasurer of the Cumberland County Democratic Men’s Club (CCDMC) beginning in 2009.  As treasurer, the CCDMC entrusted Mr. Gilfus with access to a bank account maintained by CCDMC.  Over the course of eight months, Mr. Gilfus wrote ten checks payable to himself from the CCDMC bank account.  In total, Mr. Gilfus converted $2,132.00 of CCDMC funds to his own use.  The misappropriation was discovered in July of 2012.  On January 11, [...]
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