A law firm cannot recover funds from intellectually disabled clients after a state bar determined that a partner at the firm acted unethically in entering into a retainer contract with the clients. We affirm the district court’s grant of the ...

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Where the defendant-attorney knew his clients lacked the capacity to understand either their representation agreement with him or their settlement agreement with the Town of Red Springs, it was dishonest for defendant to enter into the representation agreement, it was ...

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In a parking lot altercation, defendant shot plaintiff. After this court affirmed a judgment against defendant for battery, defendant moved for relief, asserting that his trial counsel had acted without his consent when counsel (1) entered into a consent order ...

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Holding: Even though the parties stipulated that the Sept. 14, 2011, disbursement of settlement funds was done pursuant to their March 2010 retainer agreement, the arbitrator could nevertheless consider the plaintiff-clients’ evidence that the parties had modified the retainer agreement ...

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State v. Curry (Lawyers Weekly No. 011-319-17, 24 pp.) (Phillip Berger Jr., J.) (Valerie Zachary, J., concurring in the result only without separate opinion) Appealed from Mecklenburg County Superior Court (Gregory Hayes, J.) N.C. App. Holding: When defense counsel unsuccessfully ...

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In re T.R.K. (Lawyers Weekly No. 012-151-17, 5 pp.) (Hunter Murphy, J.) Appealed from Catawba County District Court (Wesley Barkley, J.) N.C. App. Unpub. Holding: When respondent in this involuntary commitment proceeding indicated that she wished to represent herself, the ...

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Gwaltney v. Gwaltney (Lawyers Weekly No. 020-023-17, 18 pp.) (Gregory McGuire, J.) 2017 NCBC 12 Holding: Where the nominal defendant-corporation’s bylaws require the unanimous agreement of all of its directors to act for the corporation, to select agents and fix ...

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This opinion was withdrawn.   State v. Cholon (Lawyers Weekly No. 011-045-17, 13 pp.) (Lucy Inman, J.) Appealed from Onslow County Superior Court (Jack Jenkins, J.) N.C. App. Holding: Even though, during closing arguments, defense counsel admitted some elements of ...

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Jacobs v. Stein (Lawyers Weekly No. 004-001-17, 9 pp.) (Max Cogburn, J.) 3:16-cv-00768; W.D.N.C. Holding: Plaintiff alleges that, while representing a corporation and in furtherance of perpetrating fraud against plaintiff, an out-of-state attorney filed false affidavits in North Carolina courts. ...

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State v. Burton (Lawyers Weekly No. 011-025-17, 15 pp.) (Mark Davis, J.) Appealed from Buncombe County Superior Court (Marvin Pope Jr., J.) N.C. App. Holding: There was no evidence that defendant’s vehicle was incapable of movement at the time it ...

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