07.02.2015 Disbarment [Orange County]

September 10, 2015

Marty McConchie misappropriated client funds when in May 2010 he used $1,275.13 of the $1,453.25 in client funds being held in trust for the benefit of himself.  In doing so, McConchie violated Rule 1.15-2(j) and Rule 8.4(c) of the North Carolina Rules of Professional Conduct.  The North Carolina State Bar consequently disbarred McConchie on July 2, 2015. [gview [...]

06.19.2015 Suspension [Wake County]

September 10, 2015

Robert J. Howell was arrested on June 12, 2015, for kidnapping, attempted murder, first-degree burglary, and possession of cocaine in Charleston, South Carolina.  The pending charges against Howell raised concern for his mental health, stability and fitness to practice law, and if proven, would establish that if he continued to practice law it would pose a threat of significant harm to his clients, the public, the profession, and the administration of justice.  Howell was therefore suspended [...]

06.19.2015 Suspension [Mecklenburg County]

September 10, 2015

Christopher Boothe failed to file his state and federal taxes in 2012 and 2013, and also failed to pay state taxes in 2012 and 2013.  Boothe did not file his federal or state income taxes for the years 2012 and 2013 until December 2014.  Since Boothe’s failure to file hit federal and state income tax was a willful action, he violated 26 U.S.C. § 7203 and N.C. Gen. Stat. § 105-236(a)(9).  As a result, Boothe violated Rule 8.4(b) by committing criminal acts that reflect adversely on his [...]

06.16.2015 Reinstatement [Balden County]

September 10, 2015

On May 9, 2013, Elaine Kelley was suspended from the practice of law for six months by a superior court judge.  On March 17, 2014, the Disciplinary Hearing Commission entered an order suspending Kelley for four years.  On May 26, 2015, Kelley submitted a petition to stay her suspension, which was granted by the North Carolina State Bar on June 16, 2015. [gview [...]

06.09.2015 Suspension [Caldwell County]

September 10, 2015

William Wallace Respess, Jr. was suspended from the practice of law for two years on June 9th, 2015 after the State Bar found several violations of the Rules of Professional Conduct.  Respess, while representing a client on her divorce, engaged in a sexual relationship with her in violation of Rule 1.19(a).  Respess also made loans to the same client, without informed consent, which involved a concurrent conflict in that such representation may have been materially limited by his personal [...]

06.04.2015 Suspension [Ashe County]

September 10, 2015

On August 5, 2015, the North Carolina State Bar conducted a random procedural audit of John Johnston’s trust accounts.  The audit revealed several problems highlighting Johnston’s failure to maintain and document his trust account as specified in Rules of Professional Conduct 1.15-1, 1.15-2, and 1.15-3.  Johnston had been previously audited in 1989 and 2003, and both revealed similar violations. Johnston also employed a nonlawyer assistant in 2006, who later misappropriated over $10,000 [...]

06.02.2015 Disbarment [Vance County]

September 10, 2015

Sir-Christopher Anderson was disbarred June 2015.  Beginning in 2013, Anderson misappropriated entrusted funds he received for the benefit of multiple clients, provided dishonest responses to the North Carolina Bar during an investigation, failed to properly maintain proper client ledgers, failed to perform quarterly or monthly reconciliations of accounts, and failed to resolve mandatory membership requirements.  In response to Anderson’s actions, the North Carolina Bar suspended his [...]

05.18.2015 Disbarment [Lincoln County]

September 10, 2015

Peter C. Capece was disbarred in May 2015 after misappropriating client funds for six years.  Between 2009 and February 2015, Capece misappropriated at least $1,584,905.51 from funds entrusted to him in his fiduciary capacities.  In doing so, Capece violated Rule 1.15-2(j).  His conduct also constituted criminal acts reflecting adversely on his fitness as a lawyer in violation of Rule 8.4(b) and conduct involving dishonesty, fraud, deceit or misrepresentation in violation of Rule 8.4(c). [...]

Representing One Spouse on Domestic and Estate Matters after Representing Both Spouses Jointly [Proposed 2015 Formal Ethics Opinion 8]

September 7, 2015

View the Proposed Ethics Opinion in Full Here. The NC Bar received inquiries about representing individual spouse on certain matters, when the lawyer has previously represented both spouses jointly in other legal matters.  As the opinion mentions, there are many areas of law in which a lawyer can, and often does, represent spouses jointly—preparation of reciprocal wills, closing on the purchase of the martial home, or creation of a corporation for a family-owned business.  Thus, the [...]

2015 Formal Ethics Opinion 7: Prior Business Relationships Permit In-Person Solicitation

September 7, 2015

View the Formal Ethics Opinion in Full Here. The North Carolina State Bar received a request for an interpretation of Rule 7.3(a) in regards to prior professional relationships.  Generally, Rules 7.3(a) states that lawyers are prohibited from soliciting professional employment from a potential client in-person, by live telephone, or through real-time electronic contact.  However, Rule 7.3(a) contains several exceptions, including a prior professional relationship, which permits the lawyer to [...]

A policy for inclusion or compelled speech?

August 31, 2015

The University of Tennessee sent a memo to its students and faculty requesting that everyone use inclusive pronouns when referring to students, instead of traditional binary pronouns. [...]
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