North Carolina Lawyers Weekly
The trial court denied outside counsel’s request for fees for work counsel had performed for a court-appointed receiver. Counsel appealed, and the court also denied counsel’s requests for fees related to the appeal because “the Appeal, if successful, would benefit ...
Read More »Attorneys – Fees – Receivership – Appeals – First Impression
Attorneys — Conflict of Interest – Change of Employment – Domestic Relations – Alienation of Affections & Criminal Conversation 
After withdrawing from representation of the defendant in this alienation of affections/criminal conversation lawsuit, attorney Amy Simpson joined Sodoma Law, P.C., the same firm at which plaintiff’s counsel works. Because Simpson was promptly screened from the case, never shared any ...
Read More »Attorneys – Fee Dispute – Contingent Fee Contract – Client’s Execution – Quantum Meruit
The plaintiff-law firm has not produced a signed copy of its alleged contingent fee contract with the defendant-limited liability companies, and the client-LLCs deny executing the contract. However, the third-party defendant attorney has attested that Rocco Scarfone—a member of the ...
Read More »Attorneys – Tort/Negligence – Legal Malpractice – Proximate Cause – Corporate Veil Piercing
According to plaintiff’s allegations, even though a Texas court’s order confirming an arbitration award effectively rejected an attempt by General Fidelity Insurance Company (GFIC) to pierce the corporate veil of plaintiff’s company, the defendant-law firm and its attorney failed to ...
Read More »Attorneys – Discipline – Disbarment – Deceitful Conduct – Notary
The defendant-attorney admitted to a pattern of going to visit elderly relatives of her clients without disclosing her representation of their children and attempting to influence a particular course of conduct in her clients’ interest. This admission and other ...
Read More »Attorneys – Disbarment – Misconduct Investigation – Unauthorized Practice of Law – Discovery Violations
In this investigation into the respondent-attorney’s unauthorized practice of law in other jurisdictions, given respondent’s continued refusal to comply with discovery orders, he has failed to show that his disbarment was not the result of a reasoned decision. We affirm ...
Read More »Attorneys – Civil Practice – Discovery – Attorney-Client Privilege & Work Product Immunity – Employee Investigation – Insurance Coverage
An investigation of wrongdoing by an employee is in the ordinary course of business. The fact that the employee was a partner in a law firm and the fact that the plaintiff-law firm hired an outside law firm to conduct ...
Read More »Attorneys – Civil Practice – Personal Jurisdiction – Out-of-State Counsel – Contract – Forum Selection Clause
A California attorney and law firm assisted in the sale of a North Carolina corporation without ever coming to North Carolina or making any filings here. The fact that their client was a North Carolina resident is insufficient to allow ...
Read More »Attorneys – Conflict of Interest – Corporate – LLC Membership
In this action, the law firm of Sellers, Ayers, Dortch & Lyons, P.A., purports to represent Sweetwater Construction, LLC, and continues to represent plaintiff Turner; however, in South Carolina litigation Sellers Ayers represents Turner against Sweetwater. Sellers Ayers is thus ...
Read More »Attorneys – Disqualification – Conflict of Interest – Material Witness – Other Clients
The beneficiary of a trust moves to intervene, remove a judgment against the trust, and remove the trust from receivership. However, the beneficiary’s attorney is a party against whom the receiver has asserted crossclaims on behalf of the trust for ...
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