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10.03.13 Consent Order of Suspension [Guilford County]

October 18, 2013

On March 8, 2013, the Disciplinary Hearing Commission entered an order of discipline suspending Wilbur L. Linton, Jr., for two years.  That suspension was stayed for three years, however, contingent on Mr. Linton’s compliance with various conditions imposed by the order.  The original matter was before the Commission due to Mr. Linton’s failure to monitor his trust account adequately and his failure to maintain required trust account records.   At the October hearing, the Commission [...]

10.03.2013 Consent Order of Disbarment [Mecklenburg County]

October 18, 2013

On October 2, 2013, Matthew Jeffrey Lester submitted an “Affidavit of Surrender of Law License” in the Superior Court of Wake County, North Carolina.  Mr. Lester’s voluntary resignation was preceded by a pending investigation concerning allegations that he misappropriated client funds.  These included funds that were necessary to pay off a seller’s mortgage, as well as other money from Mr. Lester’s real estate trust account. Pursuant to Mr. Lester’s voluntary resignation, the [...]

09.30.13 Order of Discipline – Disbarment [Cumberland County]

October 18, 2013

Phillip Hunter Gilfus, a Fayetteville attorney, served as treasurer of the Cumberland County Democratic Men’s Club (CCDMC) beginning in 2009.  As treasurer, the CCDMC entrusted Mr. Gilfus with access to a bank account maintained by CCDMC.  Over the course of eight months, Mr. Gilfus wrote ten checks payable to himself from the CCDMC bank account.  In total, Mr. Gilfus converted $2,132.00 of CCDMC funds to his own use.  The misappropriation was discovered in July of 2012.  On January 11, [...]

Texting while someone else is driving may lead to liability in New Jersey

October 8, 2013

On September 21, 2009, eighteen-year-old Kyle Best was texting (pdf) when he crossed the double yellow lines of a New Jersey roadway in his Chevy pick-up truck and struck David and Linda Kubert on their motorcycle.  All three survived, but David and Linda each lost their left leg and suffered a number of other injuries. There was no dispute that Best was texting at the time of the accident.  Through Best’s cell phone records, obtained through discovery, the Kuberts’ attorney determined [...]
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