Using Medical Science to Reform the Heat of Passion Defense
A defendant's unique brain structure and circumstances should be examined before arguing for the application of the "heat of passion" defense to homicide. [...]
Topics
2014 Formal Ethics Opinion 8: Accepting an Invitation from a Judge to Connect on LinkedIn
View the Formal Ethics Opinion in Full Here. The Ethics Committee adopted 2014 Formal Ethics Opinion 8 at its meeting on January 23, 2015. The opinion examines the ethics of a lawyer accepting an invitation from a judge to connect on LinkedIn, the popular social networking website for professionals. Social networking websites have become a major tool to utilize for job searches as well as connections in the professional world, including the legal profession. According to the opinion, the same [...]
2013 Formal Ethics Opinion 2: Providing Incarcerated Defendant with Opportunity to Review Discovery Materials
View the Formal Ethics Opinion in Full Here. The Ethics Committee of the North Carolina Bar took an unusual step at its quarterly meeting held on October 24, 2014. The Committee withdrew a previous opinion, voting instead to adopt an alternative version of the 2013 Formal Ethics Opinion 2. The opinion examines the issue of whether a criminal defense lawyer must provide a client with the opportunity to review discovery materials pertinent to his or her case. Rule 1.4 of the North Carolina [...]
2014 Formal Ethics Opinion 6: Duty to Avoid Conflicts When Advising Members of Nonprofit Organization
View the Formal Ethics Opinion in Full Here. The Ethics Committee voted to publish 2014 Formal Ethics Opinion 6 at its meeting on July 25, 2014. The opinion examines the issue of a lawyer offering her services to a nonprofit organization on a volunteer basis. Members of the nonprofit organization would have the opportunity to consult with the lawyer concerning their legal questions. The members would also have the option to retain the lawyer to represent them in personal matters, thus [...]
2014 Formal Ethics Opinion 5: Advising a Civil Litigation Client About Social Media
View the Formal Ethics Opinion in Full Here. Editor’s Note: At its meeting on July 17, 2015, the Ethics Committed voted to withdraw this opinion, and offer a substitute opinion. The substitute opinion can be found here. During its quarterly meeting on July 25, 2014, the Ethics Committee voted to publish 2014 Formal Ethics Opinion 5. This opinion examines the issue of a client posting information on a social media website that could be used to impeach the client or could otherwise be [...]
Alternative Proposed 2013 FEO 14: Representation of Parties to a Commercial Real Estate Loan Closing
View proposed ethics opinion in full here This alternative to 2013 Formal Ethics Opinion 14 would restrict a lawyer completely from representing both the lender and borrower in a commercial real estate closing. This opinion takes the proposition that there are no instances in which common representation can be consented to in this type of transaction. Citing again to Rule 1.7, the opinion explains that common representation in a commercial real estate closing involves a concurrent [...]
01.08.15 Disbarment [Robeson County]
Ertle Knox Chavis was disbarred on January 23, 2015 by the Disciplinary Hearing Commission (DHC) pursuant to N.C. Gen. Stat. § 84-28(b)(2) for violation of the Rules of Professional Conduct. The DHC found that Chavis violated Rule 1.15 (and its subparts 1.15-1, 1.15-2, and 1.15-3) by (1) failing to deposit client payments into the trust account and instead using those funds for his own purposes, (2) failing to promptly deposit trust funds into the general trust accounts, (3) benefiting from [...]
12.19.14 Transfer to Active Status [New Hanover County]
Sam Drewes Ryan was transferred to consensual inactive status in 2013 due to health concerns. At that time a trustee was appointed to oversee her law practice. The North Carolina State Bar completed an audit of Ryan’s trust and fiduciary accounts and found them to be in good order. In addition, the Lawyers Assistance Program (LAP) and Ryan’s counselor testified that she was fit to return to the practice of law. Considering these factors, Judge W. Allen Cobb, Jr., Senior [...]
2013 Formal Ethics Opinion 14: Representation of Parties to a Commercial Real Estate Loan Closing
View the Formal Ethics Opinion in Full Here The Ethics Committee voted to publish 2013 Formal Ethics Opinion 14 for comment at its meeting on October 24, 2014. This opinion was published along with an alternative due to the split in opinion on whether a lawyer can represent multiple parties to a commercial real estate loan closing. This opinion and its alternative reach different conclusions. The first proposed opinion was adopted at the Committee’s meeting on January 23, 2015. Under [...]
Can a post on your wall lead to walking papers?
Employees working for private companies have limited options for pursuing their employers over Facebook-related firings. [...]
Same Old Song and Dance
Pharrell Williams and Robin Thicke are not the first musicians to get into legal trouble for copying another artist's work, whether intentionally or unintentionally. [...]
UPDATE: Discrimination Against Pregnant Workers Can Be Inferred
The U.S. Supreme Court issued its ruling in Young v. UPS on March 25, 2015. [...]
Hey driver, do you even work here?
In an ongoing class action lawsuit, Uber drivers challenge the line between employee and independent contractor. [...]
How free is free speech for government employees?
Two employees who were fired by the City of Charlotte for Facebook posts may have First Amendment claims. [...]
No LSAT Required: The New Trend?
High achieving students who meet certain other requirements will soon have the option to apply to law school without taking the Law School Admission Test. [...]
