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Tag Archives: Attorneys

Attorneys – Tort/Negligence – Legal Malpractice Claim – Standard of Care – Ethics Professor – Professional Conduct Rules – Breach of Fiduciary Duty – Interference With Prospective Economic Advantage (access required)

Inland American Winston Hotels, Inc. v. Winston. An ethics professor who has no experience in commercial real estate and who has never been licensed to practice in North Carolina is not qualified to testify as to the standard of care applicable to the . . .

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Excess Supply? NC attorneys fear state’s 7 law schools making too many lawyers (access required)

As a record number of North Carolina's law students buckle down with their casebooks this fall, members of the bar are questioning whether the state's seven law schools are churning out more graduates than the market can bear, as well as raising questions about how prepared the new graduates are to begin practicing. These and other questions arose at a summit the N.C. Bar Association held earlier this month. It featured what was likely the first-ever conference of the bar and representatives from all of the state's law schools.

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Attorneys – Discipline – Conflict of Interest – Real Property – Restrictive Covenants (access required)

North Carolina State Bar v. Sossomon. (Lawyers Weekly No. 10-16-0898, 20 pp.) (Rick Elmore, J.) Appealed from the State Bar. N.C. App. Unpub. Holding: When the defendant-attorney represented a woman who was selling land that had been in her family ...

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Domestic Relations – Parent & Child – Termination of Parental Rights – Attorneys (access required)

In re K.J.L. Even though respondent's attorney told the court, "I cannot argue that there's not statutory grounds that exist for termination, I would hope the court would find that those are not sufficient to be in the best interests," given counsel's diligent representation of respondent and the overwhelming evidence of grounds to terminate her parental rights, respondent has failed to show that she received ineffective assistance of counsel.

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Criminal Practice – Attorneys – Potential Conflict of Interest – Prior Representation of State’s Witness – Trial Court Inquiry – Evidence – Hearsay – Against Penal Interest (access required)

State v. Choudhry. (Lawyers Weekly No. 10-07-0801, 20 pp.) (Sanford L. Steelman Jr., J.) (Cheri Beasley, J., dissenting) Appealed from Durham County Superior Court. (Henry W. Hight Jr., J.) N.C. App. Holding: Even though defense counsel had previously represented a ...

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Gay lawyers say North Carolina’s climate is better but not perfect (access required)

Dan Ellison (pictured) graduated from UNC Law School in 1984 with the same anxiety about passing the bar exam that all lawyers-to-be face at the beginning of their careers. But it wasn't just a commonplace case of the nerves for him. On the contrary, he faced a worry that an unknown number of his classmates might have faced at the same time - whether being gay would affect his ability to become an attorney in North Carolina.

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