Free Newsletter
Criminal Practice – DA Disqualification – Conflict of Interest – Insufficient Findings – Civil Suit
A criminal defendant’s filing of a civil lawsuit against a district attorney does not justify the disqualification of the district attorney. We vacate the trial court’s order disqualifying the entire district attorney’s staff from prosecuting defendant Smith and five unnamed co-defendants. Defendant’s first trial on two charges of electronic sweepstakes violations ended in a mistrial. [&he[...]
Attorneys – Conflict of Interest – Objective Test – Former Client – Related Litigation
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 a contract dispute, and Forbes seeks to prevent counsel from representing Toshiba Corporation – which […]
The truth won’t always set you free
Unlike the fictional, bigshot attorney Fletcher Reede in 1997’s “Liar Liar,” defense counsel for murderer Reuben Curry could not bear to tell a lie. Such was his conundrum with Curry, his client of more than three years, that the attorney moved to withdraw, citing a “personal conflict.” The conflict? “I cannot believe anything that he’s […]
COA upholds suspension of Kitty Hawk attorney
A Kitty Hawk attorney engaged in a conflict of interest by representing both parties in a real estate closing after the two sides signed an agreement that acknowledged that a potential conflict existed but failed to actually identify the potential conflict. That was the ruling handed down by the North Carolina Court of Appeals on […]
Criminal Practice — Subpoena Dates – Defense Counsel’s Assistant – Attorneys – Conflict of Interest – Meth Precursors
State v. Johnson (Lawyers Weekly No. 15-07-0029, 13 pp.) (Donna Stroud, J.) Appealed from Johnston County Superior Court (Reuben Young, J.) N.C. App. Holding: Since defendant’s trial did not begin during any of the sessions listed in the state’s subpoena of defense counsel’s assistant, the assistant was not required by the state’s subpoena to appear […]
Criminal Practice — Mistrial Motion – Attorneys – Potential Conflict of Interest – Constitutional – Double Jeopardy – Evidence – Opening the Door
State v. Hunt (Lawyers Weekly No. 14-06-1203, 2 pp.) (Per Curiam) Appealed from Randolph County Superior Court. (Edwin G. Wilson Jr., J.) On appeal and discretionary review from the Court of Appeals. N.C. S. Ct. Holding: On defendant’s appeal arising from the dissenting opinion, we affirm the decision of the Court of Appeals (i.e., As […]
Trusts & Estates-Removal of Executor – Potential Conflict of Interest – Standard of Review
In re Estate of Mills (Lawyers Weekly No. 14-16-0863, 21 pp.) (Martha Geer, J.) Appealed from Cabarrus County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: The decedent’s estate was involved in litigation, and there was a potential conflict of interest in respondent’s positions as executor of the estate and manager of the limited […]
Criminal Practice – Attorneys – Constitutional – Ineffective Assistance Claim – No Conflict of Interest – Contempt Hearing – Recess Request
State v. King (Lawyers Weekly No. 14-07-0668, 16 pp.) (Wanda Bryant, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Holding: After (1) the state accused defense counsel of contempt, (2) the trial court rejected the accusation, and (3) defense counsel asked for a recess until the next morning “to kind of […]
Attorneys – Fees – Contract – Conflict of Interest – Incompetent – Civil Practice – Collateral Estoppel
Keyes v. Johnson In a guardianship proceeding, the clerk of court found a conflict of interest and removed the plaintiff-attorney as counsel for defendant’s ward and the ward’s wife. Since the attorney did not appeal that order, she was collaterally estopped from seeking fees pursuant to her contract with the ward and his wife.
Labor & Employment – Severance Agreement – Breach of Contract – Conflict of Interest
McKinnon v. CV Industries An employer who failed to pay severance benefits did not breach its contract with the plaintiff since the plaintiff was not entitled to Plan A benefits when he ceased continuous competition with his employer in 2001. The trial court’s grant of the defendant’s motion for summary judgment is affirmed.
Attorneys – Discipline – Conflict of Interest – Real Property – Restrictive Covenants
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 for generations, the attorney followed his client’s wishes and conditioned the sale on the imposition […]
Web 2.0 adds new ethics twists to legal marketing
By CORREY STEPHENSON, Lawyers USA, the national sister paper of Lawyers Weekly [email protected] While many lawyers are taking advantage of abundant networking and marketing opportunities using Web 2.0 platforms like Facebook, LinkedIn and Twitter, they should be aware of a number of ethical pitfalls. From concerns about breaching client confidentiality on Facebook to the [[...]
Top Legal News
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- Lawsuit faults Google Maps in deadly crash
- Program offers new opportunities for summer associates
- Bill ties NC casinos, Medicaid expansion
- West Point sued over affirmative action in admissions
- Jury pool could boost Trump in documents case
- Amotion sees resurgence after almost a decade
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
