North Carolina Lawyers Weekly
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 ...
Read More »Attorneys Law firm challenges use of ‘filter team’ to review its files
Where a district court allowed a government “filter team” to review privileged attorney-client documents unrelated to the investigation of lawyer A and client A, it was in error because it assigned judicial functions to the filter team and failed to ...
Read More »Attorneys – Discipline – Statements to Judge – Missing Witness
When a trial judge asked two prosecutors from the district attorney’s office how long they had known their essential witnesses was unavailable on the day a case was called for trial, respondent may have been ignorant, as he claimed, ...
Read More »Attorneys – Discipline – Contact with Represented Party – Ex Parte Contact with Judge
After having a troubled mother’s child placed with them during a DSS juvenile case, the “Connor” family hired the defendant-attorney to attempt to get legal custody of the child. Defendant argues that he could communicate directly with the child’s mother ...
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