Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Disbarment

Disbarment – Evidence – Expert Witness – Trust Account – Missing Funds (access required)

Holding: Regardless of which standard applied – Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), or Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 597 S.E.2d 674 (2004) – the Disciplinary Hearing Commission did not abuse its discretion when it refused to allow an experienced accountant to testify as an expert in forensic accounting.

Read More »

Attorneys – Discipline – Disbarment – Constitutional – Due Process – Complaint Allegations – Different Evidence – Real Property – Closing Document (access required)

North Carolina State Bar v. Barrett The complaint alleged a single false representation by the defendant-attorney in violation of the Rules of Professional Conduct: the entry of a $7,400 loan from the seller to the buyer as a “down payment” on a HUD-1 statement, which defendant contended was approved by the lender’s loan officer Paul Johnson. However, at the hearing, the State Bar presented evidence of different alleged acts of fraud and additional alleged misrepresentations: that defendant had produced and submitted to the lender a different HUD-1 statement, which contained different financial information and included a forged signature purporting to be the seller’s. The failure to give defendant notice of the misconduct with which she was charged violated her right to due process.

Read More »

The last straw: Attempted-murder costs lawyer his license (access required)

David H. Rogers' legal career ended much as it started three decades ago - under a cloud of suspicion about his character. On May 2, 2011, the North Carolina State Bar disbarred Rogers and announced the decision in a terse one paragraph statement. The reason: He was convicted in October 2010 of attempted first-degree murder and assault with a deadly weapon with the intent to kill.

Read More »