Tar Heel Update

The quarterly report of the North Carolina Office of Counsel shows how carefully that office tracks its work

ATTORNEY CLIENT ASSISTANCE PROGRAM

The ACAP staff responded to 2,801 phone calls from members of the public and contacted 650 lawyers in efforts to resolve concerns expressed by members of the public. Staff also responded to 707 emails and 533 letters from inmates. During the same quarter of 2017, staff responded to 3,320 phone calls, contacted 921 lawyers and responded to 790 emails and 584 letters from inmates.

The office received 133 requests for fee dispute resolution during the quarter. One hundred fourteen files were assigned to the two State Bar facilitators. The remaining 19 files were assigned to district bar committees. During the same quarter in 2017, the office received 148 requests for fee dispute resolution of which 134 files were assigned to State Bar facilitators and 34 were assigned to district bar committees.

GRIEVANCES

In 2015, 1,331 grievance files were opened. In 2016, 1,375 grievance files were opened. In 2017, 1,305 grievance files were opened. Since January 1, 2018, 1027 grievance files have been opened.

As of October 19, 955 grievances were pending. One hundred-eight grievances were stayed. Thirty-eight pending files were in the judicial district grievance committees or had been returned by the district grievance committees within the past 30 days. The OOC had made its recommendation in 201 of the pending cases and the cases were ready for the Grievance Committee’s decision. Of the remaining 608 files in which no recommendation has yet been made, 144 were more than six months old. Since the July 2018 meeting, 206 files were dismissed by the Grievance chair or by the Grievance chair and a vice chair.

The office received no advertising inquiries this quarter.

There are summaries of completed and pending matters.

A sampling

 Altman, of Rockingham, violated multiple trust account rules. Altman also disclosed confidential client information to a jury without his client’s permission, resulting in a mistrial, and spoke to a prospective client he knew was represented by counsel without consent of the prospective client’s counsel. He was suspended by the DHC for two years. The suspension is stayed for three years upon Altman’s compliance with numerous conditions.

The Chair of the Grievance Committee issued an Order of Reciprocal Discipline reprimanding George Robert Blakey of Paradise Valley, Arizona. In 2015, the District of Columbia Office of Bar Counsel issued a public informal admonition to Blakey for knowingly assisting his client in revealing confidences and secrets or using a confidence or secret to the disadvantage of a former client/employer.

 A notable reinstatement of a former Durham County DA not named Nifong

Cline was the elected district attorney of Durham County until she was removed from office pursuant to N.C. Gen. Stat. §7A-66. In June 2015, Cline was suspended by the DHC for five years for filing pleadings containing false and outrageous statements about a judge and making false representations in court filings in an attempt to obtain confidential prison visitation records. After she served two years of the suspension, Cline was eligible to petition for a stay of the balance upon demonstrating compliance with enumerated conditions. Cline filed a petition for a stay but did not appear at the hearing on that petition. The DHC denied the petition on December 20, 2017. Also on December 20, 2017, Cline filed a second petition for a stay of the suspension. The DHC denied the second petition after a hearing on April 6, 2018. Cline filed a third petition for reinstatement or stay on June 1, 2018. The DHC reinstated Cline to active status after a hearing held on August 27, 2018.

Pending

Levinson, of Benson, pled guilty to the felony offense of conspiracy to obtain money in the custody of a bank by false pretenses by, among other devices, fabricating lease agreements to cause lenders to believe his client was purchasing houses as rental property when his client was actually purchasing them as marijuana grow houses for a large-scale drug trafficking operation. The Chair of the DHC entered an order of interim suspension of his law license. Levinson was recently released from prison. The complaint has not been filed.

Blitzer, of Reidsville, was the elected district attorney of Rockingham County. It is alleged that Blitzer allowed his staff to take online academic tests for his wife on State time. Blitzer pled guilty in Wake County Superior Court to misdemeanor willful failure to discharge duties. The Chair of the DHC entered an order of interim suspension of his law license. The grievance is stayed pending receipt of the SBI investigative report.

A couple of cases that I have been keeping an eye on

Venus Yvette Springs – 18DHC 25

It is alleged that Springs, formerly of Charlotte and currently of New York, published material obtained in discovery on YouTube for no substantial purpose other than to embarrass a third party and that she maintained the publication after she was ordered by the court to take it down. Hearing was continued and has not been rescheduled.

Christopher A. Stella – 18 DHC 28

It is alleged that Stella, of Winston-Salem, committed criminal acts by patronizing a prostitute and filing a false police report about the incident. Hearing was continued to allow for a forensic psychological evaluation.

The report also summarizes litigation involving the State Bar, such as

 North Carolina State Bar v. Michael Asen. At the July 2017 meeting, the Executive Committee authorized the Office of Counsel to file a lawsuit against Michael Asen, a New York attorney who offers to provide legal services in North Carolina to retail stores that have been victimized by shoplifters. The State Bar is currently negotiating a consent order.

At the July 2018 meeting, the Executive Committee authorized the OOC to file a lawsuit against Linh Quach, a woman in Charlotte who has been providing legal services related to immigration matters, mostly to Vietnamese immigrants. The complaint was filed on September 17, 2018. Quach’s answer is due October 19, 2018.

Bayview Loan Servicing, LLC v. Donald H. Bumgardner, et al (Gaston County Superior Court). Bayview alleges that it is the assignee and the holder of a note and deed of trust on real property previously owned by Bumgardner. Bumgardner was disbarred in 2015 for stealing entrusted funds. Bayview alleges that it foreclosed and was the high bidder at the foreclosure sale. Bayview seeks a judgment that a defect in the notice of foreclosure does not impair its first lien position and seeks a declaration that its lien remains prior to the liens of all named defendants. Bayview sued the State Bar because the State Bar obtained two judgments against Bumgardner totaling approximately $123,000 for funds paid by the Client Security Fund to Bumgardner’s victims. Bayview does not seek affirmative recovery from any defendant. The court granted Bayview’s motion for judgment on the pleadings. The OOC represented the State Bar.

Eugene Boyce v. North Carolina State Bar (Wake County Superior Court). Boyce alleged that on an unnamed date, he filed a grievance with the State Bar against now Governor of North Carolina Roy Cooper for conduct that allegedly occurred in 2000 when Cooper was a political candidate running against Boyce’s son to become Attorney General of North Carolina. Boyce sought declaratory judgments that (1) the State Bar has a conflict in handling the grievance because the Attorney General represents the State Bar in various lawsuits and (2) the State Bar is obliged by law to refer the grievance to the courts for investigation and disciplinary action. He also sought an award of costs. On May 6, 2016, the trial court granted the State Bar’s motion to dismiss. Boyce appealed to the North Carolina Court of Appeals. On April 3, 2018, the Court of Appeals affirmed the trial court’s conclusion that Boyce does not have standing to bring his claim against the State Bar. The Court also held that Boyce does have standing to seek a declaratory judgment that the Superior Court has concurrent jurisdiction over attorney discipline, and remanded to the trial court for further proceedings. The State Bar requested a status conference with the trial court and Boyce concurred. No conference date has been set. The State Bar was represented by Parker Poe Adams and Bernstein in the trial court before the appeal, was represented by the Office of Counsel on appeal, and will be represented by the OOC on remand.

There are also a number of failed attempts by respondents to sue their bar prosecutor. (Mike Frisch)