Topics

Beginning in January 2012, Jerry Braswell represented Patricia Cobb regarding a divorce.  During his representation, Braswell failed to verify Cobb’s date of separation, did not maintain an employee with notary capabilities, and to properly verify the complaint which resulted in a dismissal by the court.  These actions were in violation of Rule 1.3. Braswell also mishandled his trust account by failing to provide a directive with the bank, failing to safeguard entrusted funds by disbursing [...]

Sybil Barrett represented clients on real estate closings, and during that representation, Barrett failed to pay property taxes with the closing fund in violation of Rule 1.15-2(m) and Rule 1.3.  Additionally, Barrett misappropriated funds held in trust by using it for personal use, or for use other than for the client.  As a result, Barrett caused significant harm to her clients, which is factor for disbarment under 27 N.C.A.C. 1B §.0114(w)(1).  Due to Barrett’s dishonesty and [...]

On April 11, 2005, Douglas T. Simons was disbarred by the North Carolina State Bar after his admission of misappropriating more than $300,000 in client funds over a period of three years.  Simons took the responsibility for the misconduct of his employees that occurred during his deployments to Afghanistan.  During the investigation of the misappropriated funds, Simons gave a false bank statement to the State Bar and made false statements to a court. Although Simons complied with the April [...]

Robert L. Scott was employed by The O’Brien Law Firm from June 2006 through August 2010.  Throughout this time period, Scott handled over 200 real estate closings a month in North Carolina, but did not have signature authority for the firm’s trust accounts held for closing funds, did not properly follow up during post-losing processes such as timely payments of taxes, and relied heavily on non-lawyer employees at the firm to perform much of the real estate closing work. On December 10, [...]

Conan L. Schwilm was suspended for two years by the North Carolina State Bar on August 15, 2015.  Schwilm has sexual relations with a client while still representing her in violation of Rule 1.19(a), remained involved in her legal matters as a violation of Rule 1.7(a)(2), failed to withdraw from represent her in violation of Rule 1.16(a)(1), and being dishonest in trying to hide his representation of her in violation of Rule 8.4(c). Additionally, Schwilm previously received admonitions from [...]

On April 24, 2014, the Grievance Committee of the State Bar met to consider a grievance filed against Claire J. Samuels.  While handling a domestic case against a client’s husband, Samuels emailed the judge and her clerk arguing the merits of that case.  This was a violation of Rule 3.5(a)(3) and Rule 8.4(d).  Additionally, Samuels engaged in improper communications with her client’s husband.  Consequently, Samuels was reprimanded by the State Bar on May 23, 2014. Trouble viewing? Click [...]

In January 2015, the Grievance Committee reprimanded Maynard Harrel for not providing the client’s file to his new attorney when requested for at least two months.  The lack of promptness of turning over the client file demonstrate a lack of diligence in violation of the Rules of Professional conduct, and as such Harrel was also fined $350.00. Trouble viewing? Click here to download the order (PDF, [...]

In April 2012, Cynthia Mills was censured for sending an associate who lacked the authority to deal with the substantive issues of her client’s case thus disobeying an obligation under the Rules of the Tribunal.  Mills made frivolous motions, ceased working on client matters without withdrawing, and did not respond to represented subsequent inquiries from the client.  Mills was censured and ordered to pay $350.00. Trouble viewing? Click here to download the order (PDF, [...]