“Don’t Tase Me, Bro!”: Legal implications of new technology devices on individual privacy interests
Hot new gadgets beg the question: is there really a reasonable expectation of privacy in today’s society? ...[Continue Reading]
Topics
Sharing Fee from Tax Appeal with Nonlawyer [2013 Formal Ethics Opinion 7]
A law firm may not share fees earned in a tax appeal with a nonlawyer tax representative, unless the nonlawyer representative is legally permitted to represent claimants before the applicable authority. ...[Continue Reading]
State Prosecutor Seeking Order for Arrest for Failure to Appear When Defendant is Detained by ICE [2013 Formal Ethics Opinion 6]
When a defendant in a criminal case misses court due to being in the custody of the United States Immigration and Customs Enforcement, it is not an ethics violation for the prosecutor in the case to seek an order for arrest even though the defendant’s failure to appear was not willful. ...[Continue Reading]
Disclosure of Confidential Information to Lawyer Serving as Foreclosure Trustee [2013 Formal Ethics Opinion 5]
In the absence of disclosure, an attorney may not later represent another party in a “substantially related matter” if the information the attorney received while previously acting as trustee is “material to the matter.” ...[Continue Reading]
Representation in Purchase of Foreclosed Property [2013 Formal Ethics Opinion 4]
Ethical duties of a lawyer representing both the buyer and the seller in the purchase of a foreclosure property, and of a lawyer when the representation is limited to the seller. ...[Continue Reading]
10.03.13 Consent Order of Suspension [Guilford County]
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 ...[Continue Reading]
10.03.2013 Consent Order of Disbarment [Mecklenburg County]
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. ...[Continue Reading]
09.30.13 Order of Discipline – Disbarment [Cumberland County]
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 ...[Continue Reading]
An undocumented immigrant in California who passed the bar is barred from obtaining a law license
A case before the Supreme Court of California will decide whether an undocumented immigrant can be granted a law license. ...[Continue Reading]
Released: Wake County’s scientific approach to prison population reduction and defendant re-entry
Pretrial release services suggest a data-driven alternative to the traditional money bond schedule. ...[Continue Reading]
The IRS counts all marriages equally
IRS ruling brings certainty and relief to married, same-sex couples with changes that provide for a more uniform application. ...[Continue Reading]
Texting while someone else is driving may lead to liability in New Jersey
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 ...[Continue Reading]
Possibility of a new murder trial for Brad Cooper
A unanimous decision by the North Carolina Court of Appeals ordered a new murder trial for Cooper last week, citing rulings made by Wake County Superior Court Judge Paul Gessner that allowed certain computer evidence and excluded a defense witness. ...[Continue Reading]
You know you made a mistake, now let me prove it
A recent medical malpractice case received a necessary privilege audit from the North Carolina Court of Appeals. ...[Continue Reading]
To ask permission or not to ask permission… is that the question? Syria, separation of powers, and constitutional interpretation
In August of 2013, President Obama announced his intention to seek Congressional approval for military action in Syria while noting his belief, like his Presidential predecessors, that he is not constitutionally required to do so. ...[Continue Reading]
