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2013 Formal Ethics Opinion 12: Disclosure of Settlement Terms to Former Lawyer Asserting a Claim for Fee Division

May 23, 2015

View the Formal Ethics Opinion in Full Here On July 25, 2014, the North Carolina State Bar adopted the 2013 Formal Ethics Opinion 12.  This opinion allows for a subsequently hired lawyer in a worker’s compensation case, when the client terminates representation of a former lawyer, to discuss and disclose settlement terms to the former lawyer to resolve a pre-litigation claim for fee division. Fee division is appropriate in a worker’s compensation claim when a client discharges Lawyer A, [...]

2014 Formal Ethics Opinion 1: Protecting Confidential Client Information When Mentoring

May 23, 2015

View the Formal Ethics Opinion in Full Here A formal ethics opinion titled “Protecting Confidential Client Information When Mentoring” was originally proposed on July 14, 2014.  At its February 1, 2016 meeting, the State Bar adopted this opinion.  2014 FEO 1 considers issues related to confidentiality and the attorney-client privilege when an lawyer is mentoring a law student.  This does not apply to students who are serving as interns/clerks in the same firm as the attorney who is [...]

2.23.15 Suspension [Buncombe County]

April 30, 2015

Clarke Wittstruck failed on multiple occasions to maintain, manage, and handle client funds.  Wittstruck neglected client matters and communications, which caused his clients to suffer legal consequences, such as arrest.  He changed the handling of his firm, and in the transition period, operated without support staff and accepted more work than he was able to handle.  Wittstruck has been previously disciplined for other instances.  The State Bar hearing committee suspended Wittstruck’s [...]

02.20.15 Suspension [Carteret County]

April 30, 2015

James Thompson, III, mishandled client funds and allowed non-attorney staff to prepare documents and write checks for closings, resulting in irregularities which harmed clients.  These irregularities resulted in clients’ failure to collect earnest money deposits, unreasonable closing costs to client, which Thompson could not explain, and inaccurate reflection of ledgers.  He also used trust account funds for personal affairs, but when he realized shortfalls in his trust account, he [...]

2.20.15 Suspension [Cumberland County]

April 29, 2015

Laura Johnson intermingled client funds with personal funds and operating funds within the same trust account.  She also paid fees and payments to the Clerk of Court using funds that had been deposited into the account for other purposes.  Johnson failed to reconcile her trust account, refund clients, and supervise the disbursement of client funds.  She used trust account funds to pay client expenses and personal bills.  After a hearing of the North Carolina State Bar, Johnson’s law [...]

02.13.15 Suspension [Buncombe County]

April 29, 2015

Keith Henry was the staff attorney for Southern Financial Services until 2011.  Henry established a living trust for a South Carolina couple, clients of Southern Financial Services, while he was not licensed to practice law in South Carolina.  Henry continued to provide document review for clients of the company, some of whom who were residents of states in which Henry was not licensed to practice law.  A federal criminal investigation of Southern Financial Services was conducted.  Henry [...]

01.30.15 Reinstatement [Durham County]

April 29, 2015

On January 30, 2015, a hearing was conducted to consider Robert Brown, Jr.’s potential reinstatement to practice law after satisfying all requirements for reinstatement from his five-year suspension entered in 2009.  Brown received psychiatric evaluations from two separate, State Bar-approved psychiatrists, who certified that Brown does not suffer from any conditions that would creation a predisposition for sexual misconduct.  Further, Brown has paid all costs, responded to all [...]
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