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conflict of interest

Apr 4, 2018

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[...]

Dec 12, 2017

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 […]

Oct 26, 2017

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 […]

Oct 14, 2015

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 […]

Jan 9, 2015

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 […]

Dec 23, 2014

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 […]

Sep 11, 2014

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 […]

Jul 17, 2014

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 […]

Aug 22, 2012

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.

Jul 21, 2011

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.

Sep 14, 2010

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 […]

Sep 3, 2010

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 [[...]

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