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Thomas Foster was disbarred in April 2015 for misappropriating fiduciary funds and failing to pay and file federal and state income taxes. Foster is disbarred with the option to petition for reinstatement and must reimburse all misappropriated fiduciary funds in the amounts and to the recipients determined by the Disciplinary Hearing Commission prior to reinstatement. Trouble viewing? Click here to download the order (PDF,
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Allan De Laine petitioned for reinstatement to the practice of law from his two year suspension. Mr. De Laine demonstrated by clear, cogent, and convincing evidence that he wound down his law practice, kept the Membership Department of the State Bar informed of his current location and contact information, accepted all certified mail from the State Bar, responded to all letters of notice and requests for information by the State Bar, complied with his continuing legal education and membership
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Matthew Ragaller surrendered his law license and was disbarred for misappropriating funds, using entrusted funds for the benefit of one other than the legal owner, and filing false and inaccurate accountings with the Clerk of Court. Ragaller was disbarred from the practice of law with the opportunity to petition for reinstatement after five years. Trouble viewing? Click here to download the order (PDF,
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Edward McVey surrendered his law license and was disbarred for knowingly and intentionally creating fictitious documents that purported to show he maintained liability coverage when he did not to be an approved closing attorney, submitting false documents, and making other such false statements and documents regarding his qualifications. His actions constituted engaging in criminal acts by obtaining property by false pretenses that reflect poorly on his honesty, trustworthiness, and fitness
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In January 2015, the Grievance Committee reprimanded Eric Ellison for not appearing in court for a client and not representing a client he had indicated he would represent. There were other miscellaneous issues with Ellison’s handling of his client’s case including stating he did not miss a court date, when he did, not responding to the deadline given by the State Bar deputy counsel, etc. Ellison was required to pay a $350.00 fine. Trouble viewing? Click here to download the order (PDF,
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Kenneth Free was reprimanded in June 2014 for neglecting to file a notice of appeal on his client’s behalf. Free admitted to this neglect, and as such, reprimanded and ordered to provide evidence that he has completed eight (8) hours of continuing legal education courses in the specific area of federal criminal practice offered in or presented by the Federal Defender for the Middle District or otherwise approved by the State Bar. GDE Error: Error retrieving file – if necessary turn
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In December 2014, a Hearing Panel conducting a hearing of Peter Paul and suspended him from the practice of law with his suspension stayed for one year as long as he met multiple conditions. Paul created inaccurate ledgers to clients providing for misleading of clients and the State Bar with regard to client entrusted funds. He failed to maintain and mange entrusted funds, communicate with clients regarding the status of their funds for over a year, and failed to properly disburse entrusted
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In April 2014, Wilbur Linton surrendered his license to practice law and was disbarred by the North Carolina State Bar. In March 2013, he was found having not properly managed his trust account, and his suspension was stayed pending multiple conditions. However, his suspension was activated because he did not comply with the conditions of the stay. He further abandoned his clients and did not respond to the State Bar during the time period of the stay. Trouble viewing? Click here to
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View the Formal Ethics Opinion in Full Here The Formal Ethics Opinion 2015 FEO 2 rules that when the original debt of an unrepresented borrower, owner, or guarantor is over $100,000, a lawyer for a lender may prepare and provide a waiver of the right to notice of foreclosure and the right to a foreclosure hearing pursuant to N.C. Gen. Stat. § 45-21.16(f) so long as the lawyer explains that his role and does not give legal advice to any unrepresented person. It should be noted that a lawyer
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View the Formal Ethics Opinion in Full Here The Formal Ethics Opinion 2015 FEO 3 rules that a lawyer may not offer a computer tablet to a prospective client in a direct mail solicitation letter. A lawyer is not permitted to make false or misleading statements or communications about him or his services as per Rule 7.1. In the instance with the computer tablet, even with a disclaimer stating that the tablet is on loan and must be returned at the conclusion of the representation, the sending
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View the Proposed Ethics Opinion in Full Here Editor’s Note: At its meeting on July 17, 2015, the Ethics Committee voted to withdraw this opinion without substitution in light of recently adopted legislation that resolves the issue of professional responsibility raised in the proposed opinion. Proposed Ethics Opinion 2014 FEO 11, republished at the NC Bar’s April meeting, rules that a Department of Social Services (DSS) attorney must follow legal notice requirements when filing a
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View the Formal Ethics Opinion in Full Here The Formal Ethics Opinion 2014 FEO 10, republished during the April 2015 meeting, rules that a lawyer who handles adoptions as part of her or his law practice and also owns a financial interest in a for-profit adoption agency may, with informed consent, represent an adopting couple who is utilizing the services of his or her adoption agency. However, the lawyer may not represent the biological parents, just the adoptive parents. In such a situation,
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A three-decade-old murder conviction is challenged on a potential Batson violation
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UPDATE: In an 8-1 decision, the Supreme Court of the United States holds that Title VII does not require an employer to have actual knowledge of a potential or current employee’s religious practice.
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SCOTUS to weigh in on Mississippi’s targeted regulations meant to shut down abortion clinics.
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