Disciplinary Actions from the Most Recent Journal

Disbarments

J. Neal Rodgers of Charlotte surrendered his law license to the State Bar Council and was disbarred. Rodgers admitted that he misappropriated entrusted funds totaling approximately $80,000.

Theophilus O. Stokes III of Greensboro participated in fraudulent check exchanges and was convicted of two misdemeanor counts of receiving stolen goods. He surrendered his law license and was disbarred by the Disciplinary Hearing Commission.

John E. Tate of Hendersonville surrendered his law license to the Wake County Superior Court and was disbarred. Tate admitted that he misappropriated entrusted funds totaling approximately $120,000.

Bambi Walters of Williamsburg, Virginia, surrendered her law license and was disbarred by the DHC. Walters admitted that she misappropriated entrusted funds totaling $6,000.

Suspensions & Stayed Suspensions

The DHC found that Dean H. Humphrey of Wilmington settled a case without his clients' consent, forged his clients' names on settlement checks without their knowledge or consent, and misled the Grievance Committee. The DHC suspended him for one year. After serving six months, Humphrey will be eligible to apply for a stay of the balance.

M. Thomas Norwood III of Mooresville abandoned clients and made false representations to the federal court. The DHC suspended him for one year.

Benjamin Small of Concord was suspended for two years. The DHC found that Small had ex parte communications with the court, filed frivolous claims, and engaged in conduct prejudicial to the administration of justice, all in an effort to collect a guardian ad litem fee. The DHC also found that, in a separate criminal case, Small filed a frivolous motion and took other actions that had no substantial purpose other than to embarrass or burden a third party.

The DHC entered a consent order of discipline suspending Dennis Sullivan of Wilmington for three years. The suspension is stayed for five years on numerous conditions. Sullivan did not file state and federal income tax returns for five years and pled guilty to five counts of failure to file state returns.

Interim Suspensions

The DHC entered an order of interim suspension in the case of Alexander Lapinski of Durham. Lapinski pled guilty in the US District Court for the Middle District of North Carolina to one felony count of unlawful procurement of citizenship or naturalization under 18 U.S.C. §1425 by aiding and abetting his client in seeking US citizenship under a false name.

The DHC entered an order of interim suspension in the case of Asheville lawyer Shannon Lovins. She pled guilty in Rutherford County to multiple criminal drug-related offenses. If she successfully completes probation, she will be eligible for conditional discharge under N.C.G.S. 90-96. The interim suspension is stayed on numerous conditions including participation in the Lawyers Assistance Program, abstention from use of drugs and alcohol, and monitoring to ensure such abstention.

Censures

David E. Duke of Wendell was censured by the Grievance Committee. Duke did not respond to a petition for mandatory fee dispute resolution and to a letter of notice from the Grievance Committee. Duke also did not refund an unearned fee. In a separate case, Duke did not communicate with his client, did not properly withdraw from representation, did not return the client's file, and did not cooperate with the judicial district grievance committee.

Cameron Ferguson of Newland was censured by the Grievance Committee. He made false or misleading statements in advertising materials which also did not include his first name or office address.

Reprimands

Ronald L. Pressley of Raleigh was reprimanded by the Grievance Committee. Pressley neglected his client's personal injury case, did not communicate with his client, and knowingly made a false statement to his client.

Donald W. Marcari of Chesapeake, Virginia, was reprimanded by the Grievance Committee. Marcari's advertising did not include a disclaimer regarding his membership in the Million Dollar Advocacy Forum.

Mark R. McGrath of Durham was reprimanded by the Grievance Committee. McGrath undertook joint representation involving a potential conflict of interest. He did not inform his clients of all ramifications of joint representation-including explaining that if they became adverse, he would have to withdraw from representing all of them-and did not obtain their informed consent to the conflict. The committee also found that McGrath's correspondence with opposing counsel was unprofessional.

Shani Davis-Harrison of Durham was reprimanded by the Grievance Committee. She did not comply with court obligations, did not appear for at least one hearing, and did not seek and obtain the court's permission to withdraw.

Vickie L. Whitley of Stanley was reprimanded by the Grievance Committee. She executed jurats falsely representing that the persons who signed the documents appeared before her. She also engaged in a conflict of interest and utilized nonlawyer assistants to perform title searches, which she was not sufficiently knowledgeable to supervise.

Reinstatements

The DHC recommended that the council deny disbarred Asheville lawyer Larry R. Linney's petition for reinstatement. Linney appealed to the council. The secretary dismissed Linney's appeal when he did not timely file his proposed record on appeal.

The DHC denied the petition of David S. Harless of West Virginia for reinstatement from disability inactive status. The panel granted Harless leave to file another petition in six months.