GOOOOOAAAAALLLLLLL—the biggest score in sports history
FIFA leadership indicted for largest corruption bust ever in sports history [...]
Topics
Men can lactate too: breastfeeding mom loses discrimination case
No discrimination where breastfeeding mother feels forced out of her job [...]
Don’t Cry Over Spilled Coffee—Starbucks Sure Isn’t
An update on the lawsuit filed against Starbucks over spilled coffee [...]
North Carolina House Bill 774: Restoring Proper Justice or Resuming Retrogressive Punishment?
Despite many states’ efforts to place moratoriums on the death penalty, North Carolina lawmakers take a step toward resuming executions for the first time in nine years by passing House Bill 774, dubbed the “Restoring Proper Justice Act.” [...]
Life after death—spending the rest of your life on death row
Boston Marathon bomber, Dzhokhar Tsarnaev, receives the death penalty, but America is still in the dark on where he will wait out the interminable appeals process [...]
Just Because It’s Offensive Doesn’t Mean It’s Illegal
Lawsuits against those involved in writing the Pi Kappa Phi book would likely invoke First Amendment protections. [...]
2015 Formal Ethics Opinion 1: Preparing Pleadings and Other Filings for an Unrepresented Opposing Party
View the Formal Ethics Opinion in Full Here In response to several inquiries as whether a lawyer may prepare pleadings or other fillings for a pro se opposing party in a civil proceeding, the State Bar released 2015 FEO 1 at its meeting on April 17, 2015. The Bar notes that this opinion is limited to pleadings and filings in pending case at trial, and does not address closing a business transaction or other formal trial proceedings. The opinion officially rules that it is a violation of Rule [...]
2014 Formal Ethics Opinion 7: Use of North Carolina Subpoena to Obtain Documents from Foreign Entity or Individual
View the Formal Ethics Opinion in Full Here At its October 24, 2014 meeting, the North Carolina State Bar released 2014 FEO 7 that rules a lawyer may provide a foreign entity or individual with a North Carolina subpoena. If a lawyer needs to obtain medical records from an individual out of state or a foreign entity, then a subpoena may be used. However, the lawyer should not mislead the recipient of their authority to require the production of documents, as it is a violation of Rule [...]
2013 Formal Ethics Opinion 8: Responding to the Mental Impairment of Firm Lawyer
View the Formal Ethics Opinion in Full Here After receiving inquiries about the responsibilities a partner or supervising lawyer has to a firm lawyer that has mental impairment, the North Carolina State Bar adopted 2013 FEO 8 at its July 25, 2014 meeting. Within this opinion, mental impairment includes diminished capacity due to age, depression, and substance abuse problems. Diminished Capacity Rule 1.1 mandates that a lawyer must competently represent a client; therefore, mental impairment [...]
02.24.2014 Censure [Orange County]
On January 23, 2014 the Grievance Committee of the North Carolina State Bar met to consider a grievance filed against Ronald E. Cooley by a former client. The Grievance Committee issue a censure after finding that Cooley: (1) failed to attend a deposition in violation of Rule 1.3, (2) failed to communicate with his client about opposing party’s discovery requests in violation of Rule 1.4, (3) failed to make a diligent effort to comply with discovery requests in violation of Rule 3.4(d)(2), [...]
09.24.2013 Disbarment [Wake County]
Joseph L. Carlton, Jr. was disbarred on September 23, 2014. Carlton voluntarily resigned his license to practice law in North Carolina after pleading guilty to a violation of 18 U.S.C. § 1012—knowingly preparing HUD-1 Settlement Statements that did not accurately show the disbursements in certain FHA insured real estate transactions. The Superior Court Judge found that Carlton’s misconduct constitutes grounds for discipline pursuant to N.C. Gen. Stat. § 84-28(b)(1) and (2), thus [...]
08.22.2014 Reinstatement Denied [Pitt County]
On October 31, 2007 Ralph T. Bryant filed an affidavit surrendering his license to practice law with the North Carolina State Bar in which he admitted to misappropriating over sixty thousand in client and fiduciary funds to his own use. As a result, he was disbarred by order on November 6, 2007. On March 27, 2014, Bryant filed a petition for reinstatement. On August 22, 2014 the Disciplinary Hearing Panel decided to deny Bryant’s petition for reinstatement. The panel noted that although [...]
08.15.2014 Reprimand [Mecklenburg County]
On August 15, 2014 William P. Bray received a reprimand from the Grievance Committee of the North Carolina State Bar for violations of the North Carolina Rules of Professional Conduct. Bray was retained to represent a client, and during the course of that representation, the Grievance Committee found that he was reckless in his research and reports to the client about the status of the lawsuit, which violated Rule 8.4(d). As a result of this conduct, the Grievance Committee found that Bray did [...]
06.22.14 Suspension [New Hanover County]
On June 22, 2014, the Disciplinary Hearing Commission (DHC) of the North Carolina State Bar suspended William T. Batchelor, II, for violations of the North Carolina Rules of Professional Conduct. During the period January 1, 2007 and June 30, 2010, Batchelor had two trust accounts associate with his law practices. There were several occasions in which Batchelor mishandled the trust accounts including: (1) failing to identify the source and name of the client or other person to whom the funds [...]
2014 Formal Ethics Opinion 4: Serving Subpoenas on Health Care Providers Covered by HIPPA
View the Formal Ethics Opinion in Full Here On July 25, 2014, the North Carolina State Bar adopted 2014 Formal Ethics Opinion 4 entitled, “Serving Subpoenas on Health Care Providers Covered by HIPPA.” This opinion allows a lawyer to send a subpoena for medical records to an entity covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) without providing the necessary assurances required by 45 C.F.R. §164.512(e)(ii) that would permit the entity to comply with [...]
