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Attorneys – Strickland v. Washington – Attorney’s Performance
Appellant sufficiently established he was prejudiced by his attorney’s shortcomings. We reversed the district court’s denial of relief, remanded, and required the government to re-offer Appellant the same plea agreements. […]
Attorneys – North Carolina State Bar – Disciplinary Jurisdiction
North Carolina General Statute Section 84-28 limits the Disciplinary Hearing Commission’s disciplinary jurisdiction to attorneys admitted to practice in North Carolina. The Court reversed the DHC’s Order of Discipline and […]
Court affirms abuse and neglect findings, vacates dependency ruling
The North Carolina Court of Appeals affirmed the adjudication of two minor children as abused and neglected but vacated the district court’s conclusion that the children were also dependent juveniles.
Asphalt plant permit reinstated after application deemed complete
The North Carolina Supreme Court has reversed the Court of Appeals and reinstated a permit issued to Appalachian Materials, LLC for the construction of an asphalt plant, holding that the company’s 2015 permit application was complete under Ashe Cou[...]
Communications insufficient to establish personal jurisdiction
A foreign company’s emails, phone calls, wire transfers and mailings to Virginia residents were insufficient to establish that it purposefully availed itself of the privilege of conducting business in Virginia, a per curiam panel of the 4th U.S. Ci[...]
Legal community braces for changes in DEI initiatives
By Jason Boleman and Kris Olson In 2008, the American Bar Association restructured its mission statement to memorialize specific goals for the country’s largest volunteer bar association. Goal III, titled […]
Attorneys – Order of Discipline – Misconduct – Rules of Professional Conduct – Mortgage Fraud – Tax Withholding – Trust Accounting
The Disciplinary Hearing Commission of the North Carolina State Bar failed to consider defendant attorney’s commission of multiple felonies and bad faith obstruction of the disciplinary proceedings in imposing the […]
Attorneys – Reinstatement of Law License – Disciplinary Hearing Commission – Completion of Sentence – Payment of Restitution – Restoration of Citizenship – State Bar Council Appellate Jurisdiction
Petitioner has not complied with execution and terms of the judgment and completed his federal sentence, and he has not had his citizenship restored following serving his sentence. The Disciplinary […]
Attorneys – Attorneys’ Fees – Notice and an Opportunity to Be Heard – Colloquy with Defendant
The trial court erred by failing to provide defendant with notice and an opportunity to be heard on the issue of attorneys’ fees. We vacated and remanded the civil judgment […]
Attorneys – Rules of Professional Responsibility – Rule 8.4(c) – Order of Discipline
The Disciplinary Hearing Commission of the North Carolina State Bar erred in finding defendant attorney knowingly made false statements of fact and concluding defendant’s statements to an associate attorney employed […]
Attorneys – Co-Counsel Contract – Tort/Negligence – Breach of Fiduciary Duty – Economic Loss Rule
The co-counsel agreement among the parties – all attorneys – established a joint venture and thus a fiduciary relationship among them. However, on an issue of first impression, the court […]
Attorneys – Suspension – Constitutional – Inadequate Notice – Disciplinary Hearing
According to the narrative compiled by the respondent-attorney – with no help from the trial court or the district attorney’s office – respondent went to a hearing expecting to have […]
Top Legal News
- We tore out our own backup generator
- First budget sent to Gov. Stein includes provisions stripping some appointment power
- State constitutional claims over student vaccination reinstated
- Paycom fired worker because of her onion allergy, EEOC claims
- TikTok to settle with teen plaintiff before California social media trial, law firm says
- County lacked authority to recover homeowners’ damages in code dispute
- Trade secret and confidentiality claims survive against former executive
- Runaway trailer kills driver in head-on crash
- AG Jackson sues federal agencies over Medicaid rule threatening coverage for cancer patients
- Supreme Court strengthens Trump’s hold on key levers of government power
- US Supreme Court takes up Pepsi ‘Mtn Dew Rise’ trademark dispute
Commentary
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
