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Attorneys

Nov 10, 2025

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. […]

Jul 30, 2025

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 […]

Scales of justice in courtroom
Apr 25, 2025

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
Apr 24, 2025

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[...]

Person using smartphone and laptop
Apr 23, 2025

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[...]

A sign marks the entrance to the Office of Diversity, Equity, Inclusion and Belonging in the main administration building at the University of Kansas in Lawrence, Kan. (Associated Press file)
Jan 20, 2025

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 […]

Jul 8, 2024

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 […]

May 21, 2024

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 […]

May 13, 2024

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 […]

Mar 6, 2024

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 […]

Aug 28, 2023

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 […]

Aug 16, 2023

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 […]


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