The North Carolina State Bar
Office of Counsel
LAWYERS
OFFICE OF COUNSEL STAFF
L. Thomas Lunsford, II, Executive Director Ext. 244
Katherine E. Jean, Counsel Ext. 276
Margaret T. Cloutier, Sr. Deputy Counsel Ext. 239
A. Root Edmonson, Deputy Counsel Ext. 229
Fern Gunn Simeon, Deputy Counsel Ext. 258
David R. Johnson, Deputy Counsel Ext. 230
Jennifer A. Porter, Deputy Counsel Ext. 262
Carmen H. Bannon, Deputy Counsel Ext. 283
Brian P.D. Oten, Deputy Counsel Ext. 226
Leanor B. Hodge, Deputy Counsel Ext. 299
Barry M. McNeill, Deputy Counsel Ext. 298
Mary D. Winstead, Deputy Counsel Ext. 204
G. Patrick Murphy, Deputy Counsel Ext. 206
Alyssa M. Chen, Deputy Counsel Ext. 293
Susannah B. Cox, Deputy Counsel Ext. 235
Joshua T. Walthall, Deputy Counsel Ext. 225
Maria J. Brown, Deputy Counsel Ext. 213
Peter G. Bolac, Trust Account Compliance Counsel Ext. 282
INVESTIGATORS
Joe Commisso, Director of Investigations Ext. 200
Ed White, Investigator Ext. 263
Tim Batchelor, Investigator Ext. 274
Fred Patton, Investigator Ext. 266
George Muench, Investigator Ext. 284
Wayne Truax, Investigator Ext. 292
Krista Carlson, Investigator Ext. 224
Marty Coolidge, Investigator Ext. 294
Mike Smith, Investigator Ext. 265
Whit Ruark, Investigator
Randy Ross, Investigator, Client Security Fund Ext. 201
Anne Parkin, Auditor Ext. 259
ADMNINISTRATIVE STAFF
Heather Pattle, Administrator Ext. 227
Becky Carroll, Paralegal Ext. 234
Wondella Payne, Paralegal Ext. 296
Melanie Kincaid, Paralegal Ext. 233
Jennifer Slattery, Paralegal Ext. 205
Kristina Troskey, Paralegal Ext. 277
Brittany Wilson, Paralegal Ext. 280
Jeffrey Lundgen, Paralegal Ext. 120
Lori Brooks, Administrative Assistant Ext. 232
Joan Renken, Administrative Assistant Ext. 295
Dawn Whaley, Administrative Assistant Ext. 278
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Chris Woods, Investigative Assistant Ext. 222
Sonja Puryear, Investigative Clerk Ext. 203
ATTORNEY/CLIENT ASSISTANCE PROGRAM STAFF
Luella Crane, Director & Certified Mediator Ext. 251
Krista Bennett, Mediator Ext. 228
Sandra Saxton, Public Liaison Ext. 264
Judy Treadwell, Public Liaison Ext. 260
Diane Melching, Administrative Assistant Ext. 287
OFFICE OF COUNSEL
The Office of Counsel is the legal department of the North Carolina State Bar. The office
consists of disciplinary staff, authorized practice staff, the investigations department, the
Attorney/Client Assistance Program (ACAP) staff, and trust account compliance counsel. The
disciplinary staff reports upon all grievance files opened by the State Bar involving allegations
of professional misconduct by North Carolina lawyers. It investigates and tries claims of
professional misconduct and disability. The office assists the Authorized Practice Committee
by investigating and resolving complaints concerning the unauthorized practice of law,
including representing the State Bar in lawsuits to obtain injunctions prohibiting the
unauthorized practice of law. It represents the State Bar in federal and state trial and appellate
courts. The office provides legal counsel to the Client Security Fund Board of Directors and
pursues subrogation actions for recovery of funds paid by the CSF. It coordinates the
appointment of trustees to wind down the practices of deceased, disabled, and disbarred
lawyers. The office also provides legal opinions on issues of interest to all departments,
committees, and boards of the State Bar.
The ACAP staff helps members of the public resolve problems with lawyers other than matters
involving potentially serious violations of the Rules of Professional Conduct. The ACAP staff
also provides information about the grievance process, the courts and the justice system, and
helps resolve fee disputes between lawyers and their clients.
The Office of Counsel includes seventeen lawyers, one administrator, seven paralegals, six
administrative assistants, eleven investigators, one random auditor, one trust account
compliance counsel, the ACAP director, who is also a fee dispute resolution facilitator, a
second fee dispute resolution facilitator, and two public liaisons.
The Office of Counsel is located in the State Bar Building, 217 E. Edenton St., Raleigh, N.C.
27601. It is open from 9 a.m. until 5 p.m. on weekdays and may be reached at 919-828-4620.
Each staff person’s telephone extension appears above.
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2015 ANNUAL REPORT
OFFICE OF COUNSEL
THE NORTH CAROLINA STATE BAR
Attorney Client Assistance Program
The Attorney Client Assistance Program (“ACAP”) is comprised of five staff members: two
public liaisons, two fee dispute resolution facilitators, one of which is a certified mediator, and
one administrative assistant. During 2015 the staff responded to 11,167 calls from clients and
various members of the general public. As a result of those calls, the ACAP staff contacted
2,970 lawyers in an attempt to resolve clients’ concerns. The ACAP staff also responded to
2,224 letters from inmates and 1,363 email messages from clients and lawyers.
The State Bar opened 530 fee dispute resolution files during 2015. Of those files, 108 files were
assigned to the five judicial district fee dispute resolution committees. The remaining 422 were
assigned to in-house facilitators.
Authorized Practice Committee
The Authorized Practice Committee opened 108 investigation files in 2015, compared to 100
files opened in 2014 and 80 in 2013. The committee resolved 110 files during 2015 compared to
resolving 105 files during 2014.
The committee also registers prepaid legal service plans. Plans must file initial registrations,
amended registrations, and annual renewals. The committee does not approve plans, but does
review registrations for compliance with the definition of prepaid legal service plans. During
2015, 11 plans submitted registration applications; five plans were accepted for registration
while six were denied. Ten plans registered amendments to existing plans this year, and 73 plans
submitted renewal registrations. At the request of a plan applicant, the committee held a hearing
to review staff counsel’s determination not to register two plans. The committee also
investigated to ensure that a plan was operating in compliance with the regulations, and the
committee sent a letter of caution as a result of this investigation. One plan’s registration was
revoked in 2015 for failing to comply with renewal requirements, and three plans requested that
their registration be withdrawn. Currently, 72 prepaid plans are registered with the State Bar.
In October 2012, the office was authorized to file for injunctive relief against Mortgage
Information Services, an Ohio business that the State Bar alleges attempted to close residential
loan transactions. The office has prepared but not yet filed the complaint.
In May 2013, the office filed an action in Wake County Superior Court as a co-plaintiff with the
Consumer Protection Division of the North Carolina Department of Justice against Swift Rock
Financial, Inc., d/b/a World Law Debt, a/k/a World Law Group; Orion Processing, LLC,
d/b/a World Law Processing; Derin Scott; Bradley Haskins; World Law South, Inc; Global
Client Solutions. The plaintiffs allege that all of those defendants operate collectively and
interchangeably under various names that include the words “World Law.” The plaintiffs allege
that they draft and provide pleadings for debtors to file “pro se” and provide those debtors with
scripts to use in court. The case is referred to as “the Swift Rock case.” The plaintiffs obtained a
temporary restraining order in May 2013 and a preliminary injunction in June 2013 prohibiting
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all of those defendants “together with their officers, agents, employees, attorneys, and all persons
acting in concert with them,” from engaging in the practice of law in North Carolina, as defined
in N.C. Gen. Stat. §§ 84-2.1, 84-4, and 84-5, from collecting fees from North Carolina
consumers for any debt adjusting or legal services, and from transferring, concealing, spending
or disposing of any funds received, directly or indirectly, from any North Carolina consumer in
connection with any such activities. Thereafter, the lawyer who represented those defendants at
the TRO hearing formed a new North Carolina business corporation, World Law South. WLS
sued the State Bar, alleging that it somehow harmed WLS by bringing the lawsuit against WLG.
In that lawsuit, WLS alleged that it has the identical business model that the Wake County
Superior Court enjoined WLG from pursuing. The Business Court dismissed the WLS case. The
Swift Rock case is still pending in the Business Court. The State and the State Bar amended the
Swift Rock complaint in June 2014 to add WLS and Bradley Haskins as parties. The court
appointed James Pendergrass as trustee of approximately 1,100 checks and money orders that the
defendants solicited in and after August 2014 from North Carolina and other consumers. In late
February 2015, WLS dissolved and Orion filed for bankruptcy under Chapter 11. In August
2015, the Bankruptcy Court converted the Orion bankruptcy to Chapter 7 and began liquidation
proceedings. Also in August 2015, the federal Consumer Finance Protection Bureau filed a
nationwide injunction action against the defendants in federal court in Florida. That Court has
entered an injunction against all defendants and a receiver for the assets of the defendants. The
State Bar is in the process of seeking default judgments against Swift Rock, Haskins, and WLS
and consent or summary judgment against Orion and Scott. The Office of Counsel represents the
State Bar.
LegalZoom.com, Inc., a national online legal document preparation service, commenced this
action against the State Bar in September 2011. In October 2015, the parties reached a consent
judgment mutually dismissing the complaint and the counterclaim. In addition, LegalZoom
voluntarily dismissed another lawsuit brought in federal court with regard to its prepaid legal
services plan. The Attorney General and Van Laningham Duncan represent the State Bar.
In April 2013, the office was authorized to seek an order holding Diane Carter in contempt of a
permanent injunction prohibiting her unauthorized practice of law. The office filed the motion in
Wake County Superior Court. Carter removed it to the Federal District Court for the Eastern
District of North Carolina, which remanded it to Wake County. The Office of Counsel will
resume pursuing its enforcement action.
In July 2014, the office was authorized to seek injunctive relief against Mary Ella Hutchison of
Louisburg. The State Bar alleged that Hutchison regularly attended foreclosure hearings and
provided advice to homeowners on how to defend foreclosure proceedings. The State Bar alleged
that she was also filing documents with clerks of court on behalf of homeowners in an effort to
stop foreclosures. The State Bar filed the complaint in Wake County. In December 2014, the
court granted Hutchison’s motion to change venue to Franklin County. The court entered a
consent judgment of permanent injunction in July 2015.
In October 2014, the office was authorized to seek an injunction against Kenneth Moore. The
State Bar alleges that Moore operates a business named “Way More Post-Conviction Services”
that offers to provide post-conviction services to criminal defendants. The office filed the
complaint but has not yet been able to serve Moore, who is located in Brooklyn.
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In October 2014, the office was authorized to seek an injunction against Robert Jones and “A
Cheap and Fast Divorce,” which offers to provide divorce pleadings. The court entered a
permanent injunction be default.
In October 2014, the office was authorized to seek an injunction against Hassie Nowlin. The
State Bar alleged that Nowlin filed court pleadings on behalf of others in numerous cases in the
United States District Court for the Middle District of North Carolina. Nowlin did not file an
answer and the court has entered a default judgment of permanent injunction.
In January 2015, the office was authorized to seek an injunction against Constanza Sierra.
Sierra prepared and filed immigration petitions for numerous individuals. In October 2015,
Sierra agreed to a consent order of permanent injunction.
In April 2015, the office was authorized to seek an injunction against the South Mountain
Group. The State Bar alleges that the South Mountain Group is offering legal services in
conjunction with the closing of residential real estate transactions, including deed preparation.
The office has prepared the complaint, but has not yet filed it.
The office continues to work with the Consumer Protection Division of the North Carolina
Attorney General’s Office to prevent a number of debt adjusting and loan modification firms
from offering the services of lawyers who are not licensed to practice law in North Carolina. The
services of these lawyers constitute the unauthorized practice of law. With very limited
exceptions, debt adjusting is illegal in North Carolina. The office and the Consumer Protection
Division are also working to stop business entities that engage in the unauthorized practice of
law by offering to prepare living trusts for senior citizens.
Trust Account Supervisory Program
Eleven lawyers currently participate in the Trust Account Supervisory Program. In 2015, two
lawyers successfully completed the program. The trust account compliance counsel reviews
random audits quarterly to identify and evaluate potential participants in the program.
Grievance Committee Actions
During 2015, the State Bar opened 1,331 grievance files, compared with 1,222 files opened in
2014.
Also in 2015, the office reviewed 14 direct mail solicitation letters. All of the reviewed letters
involved minor violations of advertising ethics rules and 11 were resolved without opening
grievance files. The office opened grievances against three lawyers. The office reviewed 34
direct mail solicitation letters in 2014.
All grievance files opened by the State Bar are considered and acted upon by one or more
members of the Grievance Committee. The committee considered a total of 1,289 grievance files
during 2015. Of those, 963 were dismissed. Ten files were dismissed and retained because the
respondent lawyers had been disbarred. Fifteen files were abated because the respondent lawyers
had been transferred to disability inactive status. These files represent approximately 77 percent
of the grievance files considered by the committee. In addition to the grievance files that were
dismissed outright in 2015, 25 files were dismissed with letters of caution and 55 were dismissed
with letters of warning.
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In 2015, the Grievance Committee issued admonitions in 38 files, reprimands in 25 files and
censures in 11 files. One hundred-nineteen files involving 69 lawyers were referred for trial
before the Disciplinary Hearing Commission (DHC). A total of 193 grievance files resulted in
either imposition of discipline by the Grievance Committee or referral to the DHC. That figure
represents approximately 15 percent of the grievances considered by the committee in 2015. The
committee referred two lawyers to the Lawyers’ Assistance Program, one lawyer to Law Office
Management Training and four lawyers to the Trust Account Supervisory Program. At the end of
2015, one file had been continued for further investigation.
Cases Before the Disciplinary Hearing Commission
1. Discipline and Disability Cases
The DHC is the independent tribunal which hears lawyer discipline and disability cases. The
20-member commission hears cases involving alleged violations of the Rules of Professional
Conduct, cases in which it is alleged that a lawyer is disabled, petitions from disbarred and
suspended lawyers seeking reinstatement to the practice of law, and show cause petitions
alleging that a lawyer has violated a prior DHC order. Each case is heard by a panel of three
consisting of two lawyers and one public member.
During 2015, the Office of Counsel completed a total of 64 disciplinary, reinstatement and
show cause cases before the DHC, representing 97 files referred by the Grievance Committee.
Of those, 27 were resolved by hearing or default judgment and 37 were resolved by consent.
In 2014, the office completed 44 such cases of which 23 were resolved by trial and 20 were
resolved by consent.
In 2015, the DHC entered nine orders of disbarment. Six lawyers misappropriated
entrusted funds. Two lawyers neglected several clients’ cases, did not properly wind down
their law practices after they were suspended, and did not respond to the State Bar. One
lawyer engaged in a pattern of abusive and disruptive conduct towards courts, opposing
counsel and clients, neglected multiple clients, forged a falsely notarized verification, and
did not timely respond to the State Bar.
In 2015, the DHC imposed four active suspensions, seven suspensions in which the lawyer
could seek a stay after serving some period of active suspension, and 19 suspensions entirely
stayed upon the lawyer’s compliance with various conditions. The office filed a show cause
petition against one lawyer and a period of suspension was activated. The DHC censured one
lawyer. Three lawyers were transferred to disability inactive status by the DHC. Two
complaints were dismissed.
2. Petitions for Reinstatement and for Stays
In 2015, the DHC denied one lawyer’s petition for reinstatement from disbarment and
three lawyers’ petitions for reinstatement from suspension. The DHC reinstated one
suspended lawyer. In the cases of five lawyers who served a portion of their
suspensions, the DHC entered orders staying the balance of the suspensions.
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Actions Before the State Bar Council
1. Tenders of Surrender of License
In 2015, six lawyers surrendered their law licenses to the State Bar Council and were
disbarred. Four misappropriated entrusted funds. One acknowledged that he had sex with
a client. One neglected and ultimately abandoned his clients during a suspension imposed
by the DHC and did not respond to the State Bar. Four lawyers surrendered their law
licenses and were disbarred by the Council during 2014.
2. Reinstatement Proceedings
In 2015, the Council held reinstatement hearings for two disbarred lawyers seeking
reinstatement. In one hearing, the Council voted to accept the DHC’s recommendation and
denied reinstatement. In the other hearing, the Council voted to reject the DHC’s
recommendation and reinstate the lawyer.
Actions Before the Secretary
The Secretary receives reinstatement petitions from lawyers whose licenses are
suspended for disciplinary violations and enters reinstatement orders in uncontested
cases. Contested cases are referred to the DHC for trial.
Eleven suspended lawyers filed reinstatement petitions with the Secretary in 2015. The
Secretary reinstated two lawyers. The Secretary reinstated four lawyers with the
remaining period of suspension being stayed upon the lawyers’ compliance with
conditions. The office objected to five petitions.
Actions Before the State Trial Courts
1. Judicial Disbarments
In 2015, six lawyers were disbarred by the Wake County Superior Court and one lawyer was
disbarred by the Columbus County Superior Court. Five lawyers misappropriated entrusted
funds. One lawyer intentionally falsified documents purporting to show that he maintained
legal malpractice insurance when he had not maintained such insurance for at least 15 years.
One lawyer pled guilty to one misdemeanor count of common law forgery and seven
misdemeanor counts of common law obstruction of justice. In 2014, two lawyers surrendered
their licenses to superior courts and were disbarred.
2. Injunction Proceedings
During 2015, the Office of Counsel obtained injunctions prohibiting 20 lawyers from
handling entrusted funds. In 2014, the office obtained 26 such injunctions.
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3. Appointment of Trustees for Law Practices of Missing, Deceased, Disabled &
Disbarred Lawyers
In 2015, the Office of Counsel petitioned the courts to appoint trustees to wind down the law
practices of 19 lawyers. Of that number, two lawyers became disabled, five lawyers suffered
physical conditions that made them unavailable to clients, and 12 lawyers had died. The State
Bar filed 23 trustee petitions in 2014.
4. Other Discipline and Disability Cases in the State Trial Courts
One lawyer was placed on interim suspension by the Wake County Superior Court following his
arrest in South Carolina on charges including attempted murder, kidnapping, burglary, and
possession of cocaine.
One lawyer was placed on interim suspension by the Wake County Superior Court pending an
investigation into allegations of professional misconduct.
One lawyer was placed on interim suspension by the Cherokee County Superior Court following
his arrest for illegally possessing methamphetamine with the intent to sell or deliver and other
charges.
5. Miscellaneous
As usual, in 2015 the State Bar was a party to numerous actions in the State courts. The Office
of Counsel represented the State Bar in many of these actions. In five cases, the State Bar is
represented by the Attorney General. In one case, the State Bar is represented by private counsel.
At the end of 2015, the office had six pending cases in district and superior courts seeking
reimbursement from disbarred lawyers for payments made by the Client Security Fund.
The office appeared in Wake County Superior Court to obtain permission to disburse funds from
the trust accounts of eight lawyers who have been enjoined from handling entrusted funds.
In addition to the Authorized Practice cases described above, the State Bar was a party to the
following cases in state trial courts during 2015:
Christopher Harper v. Edward White et al (Durham County Superior Court). Harper was
the defendant in a DHC case. The DHC hearing began on May 22 and 23, was recessed, and was
scheduled to conclude on September 25-26, 2014. On September 19, Harper had a civil
summons issued along with an order extending time to file complaint against State Bar
investigator Edward White and five other witnesses identified in the DHC case. Harper alleged
that the witnesses were going to lie at the DHC hearing. He obtained from Judge Orlando
Hudson a temporary restraining order prohibiting the witnesses from testifying in the DHC case.
The State Bar, on behalf of White, filed an interlocutory appeal and sought a stay of the TRO.
The State Bar also filed a motion to be allowed to intervene on the petition for a stay with the
Court of Appeals. The Court of Appeals allowed the motion to intervene and stayed the TRO
until it determined the appeal on the merits. Thereafter, the witnesses testified in the DHC case,
rendering the appeal of the TRO moot. The DHC announced its decision to disbar Harper on
September 26 and entered the disbarment order on November 19. Harper’s appeal of that order
is pending. On October 9, Harper filed a complaint in this Durham County action seeking actual
and punitive damages and attorney fees for alleged false testimony by the witnesses and alleged
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tortious interference with his law practice. He has not served the complaint on White. White
filed a motion to dismiss. The Superior Court discontinued the complaint without deciding the
motion to dismiss. The Office of Counsel represented White.
David C. Sutton v. NC State Bar, Ronald G. Baker, Sr., the Disciplinary Hearing
Commission and Steven D. Michael (Wake County Superior Court). Sutton was the
defendant in a DHC case. He filed this lawsuit shortly before his DHC case was scheduled to
conclude, seeking to enjoin the DHC proceeding, seeking a declaratory judgment that the State
Bar is unconstitutional, and seeking alleged damages. He sought relief for purported violations
of the North Carolina Constitution. The court denied Sutton’s motion for temporary restraining
order. The DHC hearing concluded on October 22 and 23, 2014. The court allowed the State
Bar’s motion to dismiss on October 29. Sutton filed notice of appeal. The defendants’ motion to
dismiss the appeal was allowed on August 25, 2015 because Sutton did not file a record on
appeal. The Office of Counsel represented the State Bar defendants. The Attorney General
represented the DHC defendants.
LegalZoom, Inc. v. NC State Bar (Wake County Superior Court). On October 11, 2013,
LegalZoom filed this lawsuit alleging that the State Bar did not comply with N.C. Gen. Stat.
Chapter 132 in responding to LegalZoom’s fifth public records request. LegalZoom alleged that
the State Bar produced too few and too many documents in response to its second, third and
fourth public records requests. It sought an order compelling the State Bar to respond differently
and an award of attorney fees. Mediation commenced on February 10, 2014 but was recessed.
The Attorney General represents the State Bar.
World Law South, Inc. v. NC State Bar (Wake County Superior Court). On October 14,
2013, WLS filed a complaint alleging that the State Bar did not comply with N.C. Gen. Stat.
Chapter 132 because it allegedly did not respond “as promptly as possible” to a public records
request served on the State Bar on September 18, 2013 by the lawyer who represents LegalZoom
and represented some of the defendants in the World Law Group case. WLS has not served a
public records request on the State Bar. WLS scheduled an “emergency” hearing October 16 at
which it did not present any evidence to support its claims and at which it conceded that this
lawsuit was filed “preemptively.” The court ordered the parties to mediation. The mediation
occurred in March. WLS withdrew the purported pending public records request and stated that
it absolved the State Bar of the obligation to respond to it. Its counsel has since submitted a new
public records request to which the State Bar has again responded. The Attorney General
represents the State Bar.
Jill Burton v. Martin Horn (Orange County District Court). In this domestic case, Burton
subpoenaed records allegedly possessed by LAP concerning Horn. The Office of Counsel filed
an objection to the subpoena. Horn had previously subpoenaed records allegedly possessed by
the State Bar concerning Burton, to which both Burton and the State Bar objected. On April 22,
2015, the court announced its decision compelling the State Bar to produce the LAP records but
Burton did not prepare, and the court never entered, a written order. Thereafter, Horn waived
confidentiality and voluntarily produced the records himself. The court granted the State Bar’s
Rule 60 motion to vacate its order compelling production.
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Jerry R. Tillett v. NCSB and the North Carolina Judicial Standards Commission (Dare
County Superior Court). Jerry Tillett is a defendant in a pending DHC case. He filed this
action seeking a declaratory judgment that “the statutory framework pursuant to which the State
Bar is prosecuting Judge Tillett is constitutionally infirm, that he is being denied due process,
equal protection of the law [sic], that the Order of Public Reprimand of the JSC is res judicata
and/or collateral estoppel, the State Bar lacks jurisdiction, and the State Bar’s prosecution
violates the Sherman Act.” He seeks to enjoin the DHC action and seeks costs and attorney fees.
The case has been designated exceptional under General Rule of Practice 2.1 and has been
assigned the Wake County Senior Resident Superior Court Judge Donald W. Stephens. The
court postponed a hearing on the plaintiff’s motion for temporary restraining order. The Court
denied Tillett’s request for a preliminary injunction and continued the case until the DHC
proceeding is concluded. Van Laningham Duncan represents the State Bar.
Sharon Victoria Wilson-Dye v. N.C. State Bar (N.C. Industrial Commission).
Apparently, plaintiff’s home was sold in foreclosure. She commenced a purported tort claim
against the State Bar and the N.C. Bar Association. She did not allege any act by either
defendant. On December 14, 2015, the deputy commissioner entered an order declaring “the
undersigned finds as fact and concludes as a matter of law that this claim, and each and every
claim made herein, is and are, wholly on its/their face(s), plainly frivolous and abusive nonsense
that is unworthy of further comment. In addition, the affidavits and other filings are rife with
frivolous nonsensical allegations of intentional conduct and Constitutional violations, which, if
they had any merit whatsoever, would deprive the Commission of jurisdiction.” The deputy
commissioner dismissed the action. The Attorney General represents the State Bar.
Christopher Harper v. The North Carolina State Bar (NC Industrial Commission). Harper
was disbarred by the DHC in November 2014. Harper gave notice of appeal but failed to file a
record in a timely manner. The DHC dismissed his appeal in October 2015. Harper then moved
for relief under Rule 60. The DHC denied his motion. After the DHC dismissed his appeal and
denied any relief, Harper filed a state tort claim action against the State Bar in November 2015.
Harper contends that counsel negligently disbarred him by presenting witnesses who testified
falsely. On January 6, 2016, the deputy commissioner granted the State Bar’s motion to dismiss.
The Attorney General represents the State Bar.
Capitol Broadcasting Company, Inc. v. Disciplinary Hearing Commission (Wake County
Superior Court). WRAL-TV filed this lawsuit against the DHC on January 12, 2016,
challenging the DHC’s decision not to allow live streaming of the trial in North Carolina State
Bar v. Mumma. Prior to a hearing on WRAL’s motion for temporary restraining order, the parties
reached a resolution of the dispute. The trial is being live-streamed.
Eugene Boyce v. the North Carolina State Bar (Wake County Superior Court). Boyce is a
Raleigh lawyer who was licensed in 1956. In 2000, his son Dan was a candidate for the office of
Attorney General of North Carolina. During that campaign, the eventual winner, Attorney
General Roy Cooper, ran an advertisement which Boyce contends defamed Boyce, Dan Boyce,
their law partners and their law firm. The Boyces filed a lawsuit against Cooper in 2000 (“the
defamation lawsuit”) which was settled in 2015. In the current lawsuit, Boyce alleges that he
filed a grievance with the State Bar, that the State Bar has a conflict of interest in addressing that
grievance, and that the State Bar did not address that grievance as he demanded. Boyce
acknowledges that his purpose in filing this lawsuit is to “have clarified, resolved and confirmed
his good standing and licensure status … as well as a final ruling on the last remaining issue of
this fifteen year old controversy.” He prays for a declaratory judgment that another agency has
concurrent jurisdiction with the State Bar, for a declaratory judgment that the grievance he filed
should therefore be referred elsewhere, and for an award of costs.
Actions Before the State Appellate Courts
The office represented the State Bar in 13 appellate cases in 2015.
In April 2010, the DHC suspended Willie Gilbert of Wilson for five years and stayed the
suspension for five years. In March 2014, the DHC lifted the stay and activated the suspension,
concluding that Gilbert violated the conditions of the stay by failing to pay his membership dues,
failing to submit semi-annual trust account reports from a CPA, making false representations to
the Johnston County Superior Court, and being censured by that court. Gilbert appealed. The
Court of Appeals denied his petition for writ of supersedeas. On May 5, the Court of Appeals
affirmed in an unpublished decision. Gilbert filed a notice of appeal and a petition for writ of
certiorari to the Supreme Court. On August 21, the Supreme Court denied Gilbert’s petition for
writ of certiorari. The State Bar’s motion to dismiss his appeal to the Supreme Court is pending.
In April 2014, the DHC disbarred William Britt of Lumberton. The DHC found that Britt
misappropriated entrusted funds. Britt appealed. The Court of Appeals denied his petition for
writ of supersedeas. The case was scheduled for decision without oral argument. On September
1, the Court affirmed the DHC.
In April 2015, the DHC suspended Asheville attorney Clarke Wittstruck for five years. The
DHC found that Wittstruck engaged in extensive neglect of multiple clients and that he
repeatedly did not respond to the State Bar. Wittstruck appealed. The Court of Appeals
summarily denied his petition for writ of supersedeas. On August 27, Wittstruck withdrew his
appeal.
In December 2013, the DHC suspended Kitty Hawk lawyer Dan Merrell for two years but
stayed the suspension for two years upon his compliance with conditions. Merrell represented a
land developer who was involved in self-dealing to the detriment of investors. The DHC found
that Merrell mishandled the investors’ funds and had a conflict of interest. Merrell appealed. On
October 6, the Court of Appeals affirmed the order of discipline in a published opinion.
In April 2014, the DHC censured Greensboro lawyer Robert Lee Scott. The DHC found that
Scott did not timely obtain a title insurance policy, pay a title insurance premium, pay property
taxes, and communicate with his client. Scott appealed. On June 16, 2015, the Court of Appeals
issued a published opinion affirming the order of discipline.
In May 2014, the DHC disbarred Kia Narissa Scott of Concord. The DHC found that Scott
committed a criminal act, embezzlement. Scott appealed. She did not make arrangements to
obtain a transcript and did not serve a proposed record on appeal. On April 29, 2015, the DHC
dismissed the appeal.
In June 2014, the DHC suspended Wilmington lawyer William Batchelor for three years for
mismanaging his trust account. The order of discipline provides that, after serving one year
active, he may petition for a stay of the balance. Batchelor appealed. The Court of Appeals
denied his petition for writ of supersedeas. On April 21, 2015, the Court of Appeals issued an
unpublished opinion affirming the order of discipline.
In January 2014, the DHC suspended Hickory lawyer Robert W. Adams for four years for gross
trust account mismanagement. The order provides that, after serving two years active, Adams
may apply for a stay of the balance. Adams appealed. The Court of Appeals denied his petition
for a writ of supersedeas. On March 3, the Court of Appeals issued a published opinion
affirming the Order of Discipline.
In March 2015, the State Bar filed a DHC complaint against Jerry Tillett. Tillett filed a motion
to dismiss in lieu of answer. Before the DHC ruled on that motion, Tillett filed a petition for writ
of prohibition to the North Carolina Court of Appeals seeking to enjoin the DHC proceeding.
The Court of Appeals denied that petition. The DHC denied Tillett’s motion to dismiss and he
filed notice of appeal to the Court of Appeals. The Court of Appeals denied his petition for writ
of supersedeas and his motion for temporary stay. Tillett also filed in the Court of Appeals a
petition for writ of certiorari and alternative motion to suspend appellate rules. The Court of
Appeals heard oral argument in the case on November 18, 2015. On December 4, 2015, the
Court of Appeals denied Tillett’s petition for writ of certiorari and alternative motion to suspend
appellate rules and granted the State Bar’s motion to dismiss the appeal.
In the meantime, Tillett filed a separate notice of appeal from the DHC’s denial of his motion for
judgment on the pleadings and filed petitions for writs of supersedeas, certiorari,
mandamus/prohibition and a motion for temporary stay at the Court of Appeals, all of which the
Court denied. Tillett’s motion to dismiss his appeal of the DHC’s denial of his motion for
judgment on the pleadings, citing the Court of Appeals’ ruling in the appeal of his motion to
dismiss, is pending. Tillett also filed a separate lawsuit in Dare County Superior Court seeking
to enjoin the DHC proceedings, described in the litigation section above. The Supreme Court
has not ruled on Tillett’s petition for discretionary review, in which he seeks to bypass the Court
of Appeals, a procedure which is prohibited in appeals from the DHC.
In November 2014, the DHC disbarred Durham lawyer Christopher G. Harper. The DHC
found that Harper misappropriated entrusted funds. Harper appealed. Harper served the State
Bar with a proposed record on appeal but ultimately did not file a record on appeal. The DHC
dismissed Harper’s appeal in October 2015. Harper gave notice of appeal from the DHC’s
denial of his post-trial motions for a new hearing and to vacate the judgment.
In December 2015, the DHC denied Harper’s post-trial motions for a new hearing and to vacate
the judgment. On January 7, 2016, Harper filed notice of appeal from that ruling.
In December 2014, the Wake County Superior Court entered a preliminary injunction prohibiting
Eden lawyer Clinton Orville Light from handling entrusted funds. Light gave notice of appeal.
Light served a proposed record on appeal to which the State Bar objected in part. Light did not
file a brief within the time allowed. On September 9, the DHC transferred Light to disability
inactive status. The Court denied the State Bar’s motion to dismiss Light’s appeal. On October
6, Light filed another motion for extension of time to file a brief. The State Bar responded and
again moved to dismiss the appeal. The Court of Appeals dismissed the appeal on October 30,
2015.
In May 2012, the State Bar filed a disciplinary complaint against Tracey Cline for conduct that
occurred while she was District Attorney for the 14
th
Judicial District (Durham County). Cline
was removed from office as District Attorney for the same conduct. The DHC proceeding was
stayed while Cline pursued appeals of the removal order. In June 2015, the DHC entered an
order of discipline suspending Cline’s license for five years. The order allowed her to petition for
a stay of the suspension after serving two years active and gave her credit for any time she had
not practiced law since her removal from office. Cline appealed. She did not file a record on
appeal within the time allowed. On January 5, 2016, the DHC granted the State Bar’s motion to
dismiss the appeal.
In November 2014, the DHC suspended Greenville lawyer David C. Sutton for five years. The
DHC found, among other things, that Sutton routinely engaged in disruptive and abusive conduct
toward the court, opposing counsel, and clients. Sutton appealed. The Court of Appeals denied
his petition for writ of supersedeas. Sutton has filed the record on appeal. HIs brief is due on or
before January 19, 2016.
Actions Before the Federal Courts
North Carolina State Board of Dental Examiners v. Federal Trade Commission (United
States Supreme Court). On May 31, 2013, the Fourth Circuit issued an opinion holding that
the North Carolina Dental Board and its individual members are not entitled to state action
immunity in actions under the Sherman Antitrust Act because their actions are not supervised by
other state officials. The State Bar filed a brief as amicus curiae urging the court to grant the
Dental Board’s request for rehearing or for rehearing en banc. The Fourth Circuit denied that
petition. The State Bar filed an amicus brief in support of the Dental Board’s petition to the
United States Supreme Court for writ of certiorari. The Attorney General of North Carolina
filed an amicus brief in support of that petition. On March 3, the Supreme Court granted the
petition for certiorari. In May, the State Bar filed its amicus brief, along with the Board of Law
Examiners and three other state bars. The attorneys general of twenty-three states, including
North Carolina, also filed an amicus brief. The Supreme Court held oral argument on October
14. On February 25, 2015, the Supreme Court issued its decision affirming the Fourth Circuit.
The State Bar was represented by Robinson, Bradshaw and Hinson.
Loushanda Myers v. Krista Bennett, Fern Gunn Simeon, John Silverstein and unnamed
“unknown agents of the North Carolina State Bar” et al (US District Court, EDNC). Krista
Bennett and Fern Gunn Simeon are State Bar employees. John Silverstein is a State Bar
councilor and, after the events alleged in the complaint, was appointed Chair of the State Bar
Grievance Committee. Myers asserts that the State Bar defendants, the North Carolina court
system, and numerous Johnston County government officials violated her rights. She does not
describe this alleged violation with particularity but it appears to arise out of Myers’ arrest by
Johnston County law enforcement officials. The court allowed the State Bar defendants’
motions to strike and to dismiss. Myers appealed to the Fourth Circuit. The Fourth Circuit
dismissed that appeal as interlocutory. Myers can pursue appeal again after the court enters final
judgments on all claims against all parties. Last year, Myers filed an amended complaint that no
longer named the State Bar defendants as defendants but continued to allege that they failed in
their duty toward her and are “material” to her complaint. The Office of Counsel represents the
State Bar defendants.
Capital Associated Industries, Inc. v. Roy Cooper in his capacity as Attorney General of
the State of North Carolina; Nancy Lorrin Freeman, in her official capacity as District
Attorney for the 10th Prosecutorial District of the State of North Carolina; and J. Douglas
Henderson, in his official capacity as District Attorney for the 18th Prosecutorial of the
State of North Carolina (US District Court, MDNC). CAI is a trade association. Its members
are small and medium-sized businesses. CAI assists its members with personnel management
issues. CAI wants to hire lawyers to provide legal advice and legal services to its members. The
State Bar’s Ethics Committee has issued an ethics advisory to the effect that doing so would
violate North Carolina’s statutory prohibitions against the unauthorized practice of law. CAI
brought this lawsuit seeking a declaration that N.C. Gen. Stat. §§ 84-4 and 84-5 violate the
United States and North Carolina constitutions and seeking an injunction prohibiting the
defendants from enforcing the statutes against it. The plaintiff does not seek an award of
damages but does seek an award of attorney fees, “disbursements,” and costs. The Court
allowed the State Bar to intervene in the lawsuit. The Court denied the State’s motions to
dismiss and the plaintiff’s motion for preliminary injunction. Van Laningham Duncan represents
the State Bar.
LegalZoom.com, Inc. v. North Carolina State Bar, Ronald L. Gibson, Joshua T. Walthall,
Fern Gunn Simeon and John N. Fountain (US District Court, MDNC). LegalZoom brought
this action on June 3, 2015 contending that the defendants, sixteen other State Bar councilors,
and three advisory members of the Authorized Practice Committee conspired to violate the
Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2, by denying LegalZoom’s applications for
registration of two purported prepaid legal services plans. In October 2015, LegalZoom filed a
voluntary dismissal as part of the settlement agreement between the parties. The Attorney
General and Van Laningham Duncan represented the defendants.
SUMMARIES OF
DISCIPLINARY, DISABILITY & REINSTATEMENT ACTIONS
COUNCIL DISBARMENTS
Lawyer File No. Date of Disbarment
Wilbur Linton
,
Jr. 15BCS1 04/17/2015
Thomas F. Foste
r
15BCS2 04/17/2015
A. Stanley Mitchell 15BCS3 07/17/2015
William R. Sage 15BCS4 10/23/2015
Adrian A. Garci
a
15BCS5 10/23/2015
L.J. Blackwoo
d
15BCS6 10/23/2015
JUDICIAL DISBARMENTS
Lawyer File No. Date of Disbarment
Edward L. McVey, III 15CV002707 02/27/2015
Matthew J. Ragalle
r
14CVS0627 04/02/2015
Peter C. Capece 15CVS3040 05/15/2015
Marty Steven McConchie 15CVS08892 07/02/2015
Donald H. Bumgardne
r
13CVS10889 07/27/2015
Franklin McDevin Huggins 15CVS4444 09/25/2015
Randy Lemay Cartrette 14CRS43753, 15CRS1345,
15CRS1346, 15CRS1347,
15CRS1348, 15CRS1349
12/14/2015
JUDICIAL DISCIPLINE
Lawyer File No. Discipline
Robert J. Howell 15M002834 Interim Suspension
Marvin Ray Sparrow 15M04218 Interim Suspension
Eric Winston Stiles 15SP155 Interim Suspension
TRANSFERS TO DISABILITY INACTIVE STATUS
Lawyer File No. Date of Transfer
Elesha M. Smith
13G0869, 14G0838
14G0901, 14G0969
14G1070, 14G1097
01/15/2015
(by the Grievance Committee Chair)
Reid G. Hinson 14G0509
04/02/2015
(by the Grievance Committee Chair)
Robert A. Bell
12G0630, 12G0952
12G0953, 12G0997
13G0344, 13G0617
13G1139, 13G1176
14G0150, 14G0846
14G0937
04/10/2015
(by the Grievance Committee Chair)
Jesse B. Rouse, III 12G1094, 14G0190
04/16/2015
(by the Grievance Committee Chair)
Katherine L. Jones 15G0128
06/24/2015
(by the Grievance Committee Chair)
Janet M. Pueschel 13G0263
12/21/2015
(by the Grievance Committee Chair)
BEFORE THE DISCIPLINARY HEARING COMMISSION
Completed Discipline & Disability Cases
Lawyer File No. Outcome
Sir-Christopher Anderson 15DHC4 Disbarred (hearing/default)
Garey M. Ballance 15DHC11 Disbarred (consent)
Ertle Knox Chavis 14DHC28 Disbarred (hearing)
Reid C. James 14DHC34 Disbarred (hearing/default)
David A. Kirkbride 14DHC30 Disbarred (consent)
Victor H. Morgan 15DHC19 Disbarred (hearing/default)
Andrew N. Patterson, II 14DHC18 Disbarred (hearing)
Jimmy A. Pettis 15DHC6B Disbarred (consent)
Meleisa Rush-Lane 15DHC1 Disbarred (hearing)
Charles Mark Feagan 14DHC23 5 year suspension
(hearing)
Leroy R. Castle 15DHC31 3 year suspension
(hearing)
Keith R. Henry 14DHC9 2 year suspension
(consent)
Jeffrey R. Baker 15DHC14 1 year suspension
(consent)
Sir Ashley Harrison 15DHC46 5 year suspension;
possible stay after 3 years
(consent)
Clark K. Wittstruck 14DHC29
14DHC33
5 year suspension;
possible stay after 3 years
(hearing)
Tracey E. Cline 12DHC22 5 year suspension;
possible stay after 2 years
(hearing)
Cassandra Dawn Skerrett 15DHC21 4 year suspension;
possible stay after 2 years
(consent)
Steve L. Combs 15DHC17 3 year suspension;
possible stay after 1 year
(consent)
Paul L. Brock 15DHC10 2 year suspension;
possible stay after 1 year
(consent)
William W. Respess Jr. 14DHC8 2 year suspension;
possible stay after 6
months (consent)
John C. Johnston 15DHC19 3 year suspension;
sta
y
ed 4
y
ears
(
consent
)
Daiva S. Bulluck 15DHC43 3 year suspension;
stayed 3 years (consent)
John Peter Cattano 15DHC35 3 year suspension;
sta
y
ed 3
y
ears
(
hearin
g)
David A. Lloyd 14DHC5 3 year suspension;
stayed 3 years (hearing)
Thomasine E. Moore 15DHC13 3 year suspension;
stayed 3 years (consent)
James W. Thompson, III 14DHC31 3 year suspension;
stayed 3 years (consent)
Jeffrey D. Smith 15DHC27 2 year suspension;
stayed 3 years (consent)
Robert P. Tucker 15DHC30 2 year suspension;
stayed 3 years (consent)
Robert G. Austin, III 15DHC5 2 year suspension;
stayed 2 years (consent)
Christopher R.S. Boothe 15DHC23 2 year suspension;
stayed 2 years (consent)
Robert A. Brady 14DHC12 2 year suspension;
stayed 2 years (consent)
Joseph C. Delk, III 15DHC32 2 year suspension;
stayed 2 years (consent)
Robert M. Gallant 15DHC22 2 year suspension;
stayed 2 years (consent)
James G. Williams, IV 15DHC3 2 year suspension;
stayed 2 years (consent)
Carl R. Wright 15DHC25 2 year suspension;
stayed 2 years (consent)
Paul T. Jackson 14DHC20 1 year suspension;
stayed 2 years (consent)
James H. Pardue 14DHC35 1 year suspension;
stayed 18 months
(consent)
Peter A. Paul 14DHC25 1 year suspension;
stayed 1 year (hearing)
H. Russell Vick 14DHC6A 1 year suspension;
stayed 1 year (consent)
Bobby D. Mills 15DHC26 Censure (hearing)
Laura G. Johnson 11DHC18 Disability inactive
(consent)
Clinton Orville Light 14DHC16D Disability inactive
(hearing)
Mary Z. Alexander Reed 15DHC2 Disability inactive
(consent)
Charles Edwards 15DHC29 Dismissed
Gretchen Engel 15DHC9 Dismissed (hearing)
Completed Show Cause Hearings
Lawyer File No. Outcome
Diedra Lynn Whitted 10DHC3 SC 3 year suspension
activated (hearing)
Completed Reinstatement Cases
Lawyer File No. Outcome
Douglas T. Simons 05BCS3 & 13BCR2 reinstatement denied
by Council (hearing)
Ralph T. Bryant, Jr. 07DHC6 & 14BCR1 reinstated by Council
(hearing)
Hilton S. Mitchell 09DHC20 & 15 BCR1 reinstatement denie
d
by DHC (hearing)
Gary B. Kivett 11DHC15 & 14BSR2 reinstated by DHC;
remaining suspension
stayed (hearing)
Robert Brown, Jr. 08DHC8 & 14BSR4 reinstated by DHC
(hearin
g
)
William T. McKeny 13DHC4 & 15BSR1
reinstatement denie
d
by DHC (hearing)
Allan C. De Laine 13DHC27 & 15BSR2 reinstated by
Secretary; remaining
suspension stayed
(consent)
Robert E. Griffin 13DHC20 & 15BSR3 reinstatement denie
d
by DHC (hearing)
Benjamin S. Small 11DHC13 & 15BSR4
reinstated by Secretary
(consent)
Dawn D. Johnson 12 DHC14 & 15BSR5
reinstatement denie
d
by DHC (hearing)
Elaine S. Kelley 14DHC6 & 15BSR6
reinstated by
Secretary; remaining
suspension stayed
(consent)
William R. Shilling 13DHC24 & 15BSR7
reinstated by DHC;
remaining suspension
stayed (hearing)
Marshall F. Dotson, III 12DHC20 & 15BSR8 reinstated by DHC;
remaining suspension
stayed (hearing)
Jason A.M.Gold 12DHC34 & 15BSR9
reinstated by
Secretary; remaining
suspension stayed
(consent)
Jeffrey S. Berman 12DHC31 & 15BSR10
reinstated by Secretary
(consent)
Paul L. Whitfield 14DHC24 & 15BSR11
reinstated by
Secretary; remaining
suspension stayed
(consent)
Steven M. Cheuvront 13DHC30R
reinstated by DHC;
remaining
suspension stayed
(consent)
William T. Batchelor, II 13DHC25R
reinstated by DHC;
remaining
suspension stayed
(consent)

Pending Discipline & Disability Cases
Lawyer File No. Hearing Date
Bradley R. Lamb 07 DHC 28 stayed
Robert Melville, Jr. 13 DHC 9 abate
d
-disability
Clinton O. Light 14DHC16 abate
d
-disability
Mary Alexander Ree
d
15DHC2 abate
d
-disability
Jennifer Foste
r
14 DHC 7 not schedule
d
Jerry Tillett 15DHC7 not schedule
d
Christopher Livingsto
n
15DHC15 February 23-24
Thomas Hicks 15DHC16 February 25-26
Christine Mumma 15DHC20 & 15DHC24 January 11-15
Jonathon McElroy 15DHC26 January 28-29
William Brown 15DHC28 not schedule
d
Michael Stamey 15DHC33 not schedule
d
Edward Seltze
r
15DHC34 March 11
Karla Simon 15DHC36 interim suspensio
n
Clifton Gray 15DHC38 March 28-April 1
Warren Ballentine 15DHC39 interim suspensio
n
Wade Leonar
d
15DHC40 February 12
Katherine Pekman 15DHC41 February 4
Bridgette Johnson 15DHC42 March 11
Robert Griffin 15DHC44 February 5
Devin Ferree Thomas 15DHC45 March 18
Michael Anderso
n
15DHC47 March 10-11
Nathan Workman 15DHC49 February 25-26
Kevin Byrnes 15DHC50 February 19
Michelle Hickerso
n
15DHC51 March 4
Jane and Sean Soboleski 15DHC52 March 3-4
Marlon Messe
r
15DHC53 March 31-April 1
John Reitzel 15DHC54 not schedule
d
Dawn E. Ely 16DHC1 not schedule
d
Amy Allre
d
16DHC2 not schedule
d
R. Kelly Calloway 16DHC3 not schedule
d
James I. Averitt 16DHC4 not schedule
d
Pending Reinstatement Cases
Lawyer File No. Hearing Date
Stephen Snyder 14D1 & 15RD1 03/18/2016
Pending Show Cause Hearings
Lawyer File No. Hearing Date
There are no pending show cause hearings at the end of 2015.
BEFORE THE STATE TRIAL COURTS
Trustees Appointed in 2015
Lawyer Reason Trustee Sought
Michael H. Griffin Disabled
Robert E. Patterso
n
Declining Health
David Lee Credle Decease
d
Robert J. Hensley, Jr. Decease
d
Franklin McDevin Huggins Declining Health
Keith M. Strou
d
Decease
d
John D. Church Declining Health
Devin F. Thomas Declining Health
Carl Owen Smith, Jr. Decease
d
James H. McKinney Decease
d
Scott Alexander Harper II Decease
d
Francis Blackwell Stith Decease
d
David S. Orcutt Decease
d
Clinton Orville Light Disable
d
Leonor Ortiz Childers Decease
d
William H. Collie
r
Decease
d
Neil Ray McLea
n
Decease
d
Janet H. Downing Decease
d
Eric Winston Stiles Declining Health
TROs and Preliminary Injunctions Obtained in 2015
Lawyer Date of Injunction
Michael C. Stamey 01/13/2015
Jack B. Styles 02/05/2015
Peter C. Capece 03/05/2015
Daiva S. Bulluc
k
03/06/2015
Bridgette D. Johnson 03/06/2015
Joseph H. Forbes, Jr. 04/02/2015
Franklin McDevin Huggins 04/07/2015
Devin F. Thomas 05/04/2015
Peter F. Chastai
n
05/18/2015
Mary March Exum 06/24/2015
Marty Steven McConchie 07/02/2015
Ronald Tyson Ferrell 07/14/2015
Hugh F. McManus, IV 07/13/2015
R. Alfred Patric
k
08/26/2015
Stephanie L. Villave
r
09/28/2015
Donna Karen Cody 10/20/2015
Scott Justin McCormic
k
11/16/2015
Michael S. Williamson 12/02/2015
Lennard D. Tucke
r
12/07/2015
Robert M. Chandler, Jr. 12/8/2015
BEFORE THE GRIEVANCE COMMITTEE
Totals for 2015
Total Grievance Files Opened – 1,331
Total Files Considered by Committee –1,289
Dismissals – 963
Files Dismissed & Retained –10
Files Abated – 15
Files referred to the Lawyers Assistance Program – 2
Files referred to Law Office Management Training – 2
Files referred to the Trust Account Supervisory Program - 4
Files Dismissed with Letters of Caution – 25
Files Dismissed with Letters of Warning – 55
Files issued Admonitions – 38
Files issued Reprimands – 25
Files issued Censures – 11
Files issued Reciprocal Discipline – 0
Files referred to DHC – 119
Grievance Totals for First Quarter 2015
193 files were dismissed
1 file was dismissed and retained
8 files were abated
1 file was continued
0 lawyers were referred to the Lawyers Assistance Program
1 lawyer was referred to the Trust Account Supervisory Program
1 lawyer received a letter of caution
7 lawyers received letters of warning
5 lawyers received admonitions
3 lawyers received reprimands
0 lawyers received censures
15 lawyers were referred to the Disciplinary Hearing Commission
Grievance Totals for Second Quarter 2015
219 files were dismissed
2 files were dismissed and retained
4 files were abated
0 files were continued
1 lawyer was referred to the Lawyers Assistance Program
1 lawyers was referred to the Trust Account Supervisory Program
10 lawyers received letters of caution
12 lawyers received letters of warning
11 lawyers received admonitions
7 lawyers received reprimands
0 lawyers received censures
17 lawyers were referred to the Disciplinary Hearing Commission
Grievance Totals for Third Quarter 2015
354 files were dismissed
7 files were dismissed and retained
3 files were abated
0 files were continued
1 lawyer was referred to Law Office Management Training
1 lawyer was referred to the Lawyers Assistance Program
1 lawyer was referred to the Trust Account Supervisory Program
10 lawyers received letters of caution
15 lawyers received letters of warning
15 lawyers received admonitions
11 lawyers received reprimands
4 lawyers received censures
22 lawyers were referred to the Disciplinary Hearing Commission
Grievance Totals for Fourth Quarter 2015
197 files were dismissed
0 files were dismissed and retained
0 files were abated
0 files were continued
0 lawyers were referred to the Lawyers Assistance Program
1 lawyer was referred to the Trust Account Supervisory Program
4 lawyers received letters of caution
18 lawyers received letters of warning
7 lawyers received admonitions
4 lawyers received reprimands
6 lawyers received censures
19 lawyers were referred to the Disciplinary Hearing Commission
ATTORNEYCLIENTASSISTANCEPROGRAM
CallsReceivedandAttorneyContacts
(January‐ December)
15,000
20,000
25,000
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Calls Received
16,545 19,046 19,186 19,468 19,831 21,166 17,956 21,110 19,452 14,237 14,017 14,000 12,138 11,570 11,347 11,167
Attorney Contacts
1,050 1,735 3,180 2,859 3,167 2,786 2,554 2,789 3,646 3,286 3,314 3,300 2,395 2,412 3,114 2,970
0
5,000
10,000
432
528
677
782
879
764
727
699
785
782
879
621
627
606
643
530
FeeDisputeResolutionPetitionsFiled
432
1314
1630
1482
1687
1883
1837
1709
1441
1532
1866
1901
1581
1392
1398
1471
1543
1489
1317
1499
1239
1205
1222
1331
GrievancesFiledAnnually
15
13
12
14
22
14
19 19
24
18
14
18
17
21
22
17
18
15
22
SurrendersandDisbarments
(DHC,CouncilandCourts)
13
12
9
14
14
999
14