North Carolina Lawyers Weekly

Where neither the plaintiff-wife’s accountant nor her fraud examiner located any marital assets secreted by the husband, the defendant-attorney did not commit legal malpractice when, at the hearing on the wife’s equitable distribution claim, he declined to offer into evidence ...

Tagged with: Tort/Negligence

After plaintiff was seriously injured in an auto accident, she may not have specifically authorized her attorney to settle for the liability limits of the other driver’s auto insurance, but the attorney had the apparent authority to enter into the ...

Tagged with: Agency

While the plaintiff-corporation’s directors were allegedly looting the corporation (Zloop) for personal benefit, their fraud benefitted Zloop by allowing it to temporarily remain in business and to obtain franchises and lines of credit; as such, the directors’ acts are imputed ...

Tagged with: Tort/Negligence

Plaintiff has standing to ask the superior court for a declaration that the superior court has concurrent jurisdiction (with the State Bar) to resolve matters of attorney discipline and misconduct. We reverse the superior court’s dismissal of this claim but ...

Tagged with: Civil Practice

Martin v. Pope (Lawyers Weekly No. 011-035-18, 16 pp.) (Richard Dietz, J.) Appealed from Harnett County Superior Court (John Smith, J.) N.C. App. Holding: Even though plaintiffs’ counsel also represented defendant’s wife in an unrelated family law proceeding, and even ...

Tagged with: Civil Practice

North Carolina State Bar v. Ely (Lawyers Weekly No. 011-055-18, 31 pp.) (Mark Davis, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: Under the circumstances of this case, “Esq.” following the administratively suspended defendant’s signature was intended to ...

Tagged with: discipline

North Carolina State Bar v. Livingston (Lawyers Weekly No. 011-398-17, 39 pp.) (Wanda Bryant, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: The defendant-attorney’s six-week delay in terminating his relationship with a debt-relief assistance organization, once defendant realized ...

Tagged with: discipline

North Carolina State Bar v. Foster (Lawyers Weekly No. 011-397-17, 13 pp.) (Rick Elmore, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: Where magistrates (1) are officers of the district court, (2) must retire and may be removed ...

Tagged with: Magistrate

Worley v. Moore (Lawyers Weekly No. 010-080-17, 17 pp.) (Paul Newby, J.) (Sam Ervin IV, J., not participating) Appealed from Columbus County Superior Court (Gregory McGuire, J.) N.C. S. Ct. Holding: Defense counsel represented Consert, Inc., and plaintiff Forbes in ...

Tagged with: conflict of interest

Friday Investments, LLC v. Bally Total Fitness of the Mid-Atlantic, Inc. (Lawyers Weekly No. 010-072-17, 11 pp.) (Paul Newby, J.) Appealed from Mecklenburg County Superior Court (Jesse Caldwell III, J.) On discretionary review from the Court of Appeals. N.C. S. ...

Tagged with: Attorney-Client Privilege