Topics
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
[...]
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
[...]
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).
[...]
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
[...]
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
[...]
California recently reached a settlement agreement in a lawsuit filed by prisoners who had been indefinitely placed in solitary confinement that aims at returning thousands of isolated prisoners to general population.
[...]
Indiana State Police and FBI investigations reveal Former subway representative, Jared Fogle, actively participated in possessing and distributing child pornography along with traveling to different states and countries to engage in sexual acts with minors.
[...]
By: Meredith Mercer, 3L at Campbell University School of Law
[...]
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.
[...]
By: Jared Simmons, 2L at Campbell University School of Law
[...]
Religious freedom is not an excuse for discrimination, says the Colorado Court of Appeals.
[...]
Congressional Democrats introduce a new bill, the Equality Act, which seeks to amend the Civil Rights Act of 1964 and provide sweeping protections for sexual and gender minorities across America.
[...]
Two thirteen-year-old girls are being tried as adults after brutally stabbing a twelve-year-old in order to prove their loyalty to the fictional character “Slender Man.”
[...]
View the Formal Ethics Opinion in Full Here. At its October 23, 2015 meeting, the North Carolina State Bar adopted Proposed FEO 6 which addressed several inquiries regarding the professional responsibility of a lawyer when funds are stolen from a lawyer’s trust account by a third party not employed or supervised by the lawyer. Generally, this opinion rules that the lawyer will not be professionally responsible for replacing funds stolen from the trust account, so long as the lawyer was
[...]
View the Proposed Ethics Opinion in Full Here. The North Carolina State Bar voted to formalize Proposed 2015 Formal Ethics Opinion 4 at its meeting on July 17, 2015. Formal Ethics Opinion 2015 FEO 4 rules that due to the seriousness of professional malpractice potential on a client’s case and well-being, the duty to disclose whether an error might constitute legal malpractice depends on where it falls on a spectrum of the duty to keep the client reasonable informed about his legal matter
[...]
«
1
…
37
38
39
40
41
…
84
»
