http://nclawyersweekly.com Tue, 18 Jun 2013 20:49:48 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/06/18/attorneys-tortnegligence-legal-malpractice-petition-for-certiorari-first-impression-civil-practice-statutes-of-limitations-repose/ http://nclawyersweekly.com/2013/06/18/attorneys-tortnegligence-legal-malpractice-petition-for-certiorari-first-impression-civil-practice-statutes-of-limitations-repose/#comments Tue, 18 Jun 2013 16:49:42 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73966 Hackos v. Goodman, Allen & Filetti, PLLC The only “act or omission” which occurred during the statute of limitations period was defendants’ failure petition the N.C. Supreme Court for review of this court’s rulings against plaintiff in her previous legal malpractice action. Since plaintiff fails to allege any contractual obligation requiring defendants to represent her beyond appeal to this court, defendants’ failure to file the petition did not constitute the last “act or omission” giving rise to plaintiff’s legal malpractice claim in the instant case. ]]> http://nclawyersweekly.com/2013/06/18/attorneys-tortnegligence-legal-malpractice-petition-for-certiorari-first-impression-civil-practice-statutes-of-limitations-repose/feed/ 0 http://nclawyersweekly.com/2013/06/12/attorneys-bankruptcy-application-for-compensation-employment-failure-to-disclose-payment/ http://nclawyersweekly.com/2013/06/12/attorneys-bankruptcy-application-for-compensation-employment-failure-to-disclose-payment/#comments Wed, 12 Jun 2013 20:01:31 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73814 In re Tosh Since the attorney-applicant’s employment was not authorized under 11 U.S.C. § 327, the court cannot approve any compensation for post-petition legal services rendered by counsel, nor reimbursement for any costs he incurred.]]> http://nclawyersweekly.com/2013/06/12/attorneys-bankruptcy-application-for-compensation-employment-failure-to-disclose-payment/feed/ 0 http://nclawyersweekly.com/2013/05/29/attorneys-criminal-contempt-opportunity-to-respond-cursing-magistrates-office/ http://nclawyersweekly.com/2013/05/29/attorneys-criminal-contempt-opportunity-to-respond-cursing-magistrates-office/#comments Wed, 29 May 2013 20:29:59 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73441 In re Foster While the magistrate warned the defendant-attorney about profanity at least twice, the magistrate never specifically informed the attorney about a looming contempt charge until she actually held the attorney in contempt. ]]> http://nclawyersweekly.com/2013/05/29/attorneys-criminal-contempt-opportunity-to-respond-cursing-magistrates-office/feed/ 0 http://nclawyersweekly.com/2013/05/07/attorneys-settlement-proceeds-disbursement-liability-first-impression-state-health-plan-public-employees/ http://nclawyersweekly.com/2013/05/07/attorneys-settlement-proceeds-disbursement-liability-first-impression-state-health-plan-public-employees/#comments Tue, 07 May 2013 18:46:27 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72868 State Health Plan for Teachers & State Employees v. Barnett Although the defendant-attorney was following his defendant-client’s instructions when he disbursed all of the settlement proceeds to her and none to plaintiff, under G.S. 135-45.15 (now § 135-48.37), the attorney must pay plaintiff’s lien.]]> http://nclawyersweekly.com/2013/05/07/attorneys-settlement-proceeds-disbursement-liability-first-impression-state-health-plan-public-employees/feed/ 0 http://nclawyersweekly.com/2013/05/07/attorneys-tortnegligence-legal-malpractice-civil-practice-assignability-of-claims-first-impression-standing-corporate-merger-intellectual-property/ http://nclawyersweekly.com/2013/05/07/attorneys-tortnegligence-legal-malpractice-civil-practice-assignability-of-claims-first-impression-standing-corporate-merger-intellectual-property/#comments Tue, 07 May 2013 18:35:10 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72862 Revolutionary Concepts v. Clements Walker PLLC Based on our courts’ treatment of the assignability of other personal tort claims, we adopt the majority view and conclude that malpractice claims are not assignable in North Carolina. We reverse and remand the trial court’s 2010 order granting defendants’ motion to dismiss plaintiff Carter for lack of standing. We affirm the trial court’s grant of summary judgment as to plaintiff Revolutionary Concepts. We affirm the trial court’s order denying plaintiffs’ motions under N.C. R. Civ. P. 15 and 17. Facts Plaintiff Carter invented an “Automated Audio Video Messaging and Answering System.” He hired the defendant-law firm to obtain patent protection for his invention in the U.S. and abroad. According to plaintiffs, defendants’ actions made it impossible for plaintiffs to obtain international patent protection for the invention. Plaintiff also founded two corporations. Both were called Revolutionary Concepts, Inc. One was an N.C. corporation (RCI-NC), and the other was a Nevada corporation (RCI-NV). Plaintiff assigned his patent rights to RCI-NC. The two corporations later merged, with RCI-NV as the surviving entity. Standing ]]> http://nclawyersweekly.com/2013/05/07/attorneys-tortnegligence-legal-malpractice-civil-practice-assignability-of-claims-first-impression-standing-corporate-merger-intellectual-property/feed/ 0 http://nclawyersweekly.com/2013/04/26/attorneys-dual-representation-bankruptcy-adversary-proceeding/ http://nclawyersweekly.com/2013/04/26/attorneys-dual-representation-bankruptcy-adversary-proceeding/#comments Fri, 26 Apr 2013 15:37:02 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72587 In re Gregory & Parker, Inc Even if the debtor-corporation has claims against its principals (who have filed their own bankruptcy petition), the principals’ attorney may nevertheless represent both the principals and the corporation in this adversary action against a common creditor. ]]> http://nclawyersweekly.com/2013/04/26/attorneys-dual-representation-bankruptcy-adversary-proceeding/feed/ 0 http://nclawyersweekly.com/2013/04/25/attorneys-attorney-client-privilege-confidential-information-bankruptcy-trustees-subpoena-deposition-2/ http://nclawyersweekly.com/2013/04/25/attorneys-attorney-client-privilege-confidential-information-bankruptcy-trustees-subpoena-deposition-2/#comments Thu, 25 Apr 2013 13:49:16 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72561 Callaway v. Cofield An attorney who formerly represented a bankruptcy debtor may be deposed by the bankruptcy trustee. Issues of attorney-client privilege will be handled on a question-by-question basis, and the attorney is hereby ordered to respond to questions which involve confidential information that is not covered by the attorney-client privilege. ]]> http://nclawyersweekly.com/2013/04/25/attorneys-attorney-client-privilege-confidential-information-bankruptcy-trustees-subpoena-deposition-2/feed/ 0 http://nclawyersweekly.com/2013/04/24/attorneys-attorney-client-privilege-confidential-information-bankruptcy-trustees-subpoena-deposition/ http://nclawyersweekly.com/2013/04/24/attorneys-attorney-client-privilege-confidential-information-bankruptcy-trustees-subpoena-deposition/#comments Wed, 24 Apr 2013 15:32:39 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72525 Callaway v. Cofield An attorney who formerly represented a bankruptcy debtor may be deposed by the bankruptcy trustee. Issues of attorney-client privilege will be handled on a question-by-question basis, and the attorney is hereby ordered to respond to questions which involve confidential information that is not covered by the attorney-client privilege.]]> http://nclawyersweekly.com/2013/04/24/attorneys-attorney-client-privilege-confidential-information-bankruptcy-trustees-subpoena-deposition/feed/ 0 http://nclawyersweekly.com/2013/04/15/attorneys-fees-contract-conflict-of-interest-incompetent-civil-practice-collateral-estoppel-2/ http://nclawyersweekly.com/2013/04/15/attorneys-fees-contract-conflict-of-interest-incompetent-civil-practice-collateral-estoppel-2/#comments Mon, 15 Apr 2013 14:54:33 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72265 Keyes v. Johnson Where our Court of Appeals held, In a guardianship proceeding, the clerk of court found a conflict of interest and removed the plaintiff-attorney as counsel for defendant’s ward and the ward’s wife. Since the attorney did not appeal that order, she was collaterally estopped from seeking fees pursuant to her contract with the ward and his wife, we affirm in part and find that discretionary review was improvidently allowed in part.]]> http://nclawyersweekly.com/2013/04/15/attorneys-fees-contract-conflict-of-interest-incompetent-civil-practice-collateral-estoppel-2/feed/ 0 http://nclawyersweekly.com/2013/03/20/attorneys-rule-11-sanctions-judges-recusal-motion-domestic-relations-pre-trial-conference-attendance-2/ http://nclawyersweekly.com/2013/03/20/attorneys-rule-11-sanctions-judges-recusal-motion-domestic-relations-pre-trial-conference-attendance-2/#comments Wed, 20 Mar 2013 17:02:41 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71493 O’Neal v. O’Neal Local rules require all attorneys of record to attend pre-trial conferences, and a judge admonished the appellant-attorney for failing to attend her client’s pre-trial conference; the admonishment was not a sufficient basis for the attorney’s motion to recuse the judge. ]]> http://nclawyersweekly.com/2013/03/20/attorneys-rule-11-sanctions-judges-recusal-motion-domestic-relations-pre-trial-conference-attendance-2/feed/ 0