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 ...

Tagged with: conflict of interest

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

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 ...

Tagged with: conflict of interest

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 ...

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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 ...

Tagged with: conflict of interest

 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 ...

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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 ...

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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, ...

Tagged with: conflict of interest Contempt

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.

Tagged with: Attorneys Civil Practice collateral estoppel conflict of interest Contract Fees

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.

Tagged with: Breach of Contract conflict of interest Labor & Employment