Disciplinary Actions

Disbarments

Ralph T. Bryant of Greenville surrendered his law license and was disbarred by the Disciplinary Hearing Commission on November 6, 2007. Bryant misappropriated entrusted funds totaling $64,847.00.

Robert K. Hunoval of Greenville surrendered his law license and was disbarred by the Wake County Superior Court on November 30, 2007. Hunoval misappropriated entrusted funds totaling at least $20,000.

Suspensions & Stayed Suspensions

Keith L. Clark of Macon County agreed to a Consent Order of Discipline on November 9, 2007. Clark's law license was suspended for five years. Clark may apply for a stay of the remainder of the suspension after two years, provided he complies with enumerated conditions. Clark neglected multiple client matters, failed to participate in the State Bar's fee dispute resolution process, and failed to respond to the State Bar.

The DHC has suspended Durham lawyer Leroy R. Castle for two years. Castle can apply for a stay after six months on enumerated conditions. The DHC found that Castle neglected three clients, failed to respond to petitions for mandatory fee dispute mediation and failed to respond to Letters of Notice from the State Bar's Grievance Committee.

The DHC suspended Charlotte lawyer Paul E. Hemphill for five years. The DHC found that Hemphill neglected clients and failed to participate in good faith in the State Bar's mandatory fee dispute program. He can petition after two years to have the remainder of the suspension stayed.

Censures

Donald M. Brown Jr. of Charlotte was censured by the Grievance Committee. Brown failed to perform the legal work for which he was retained. He withdrew from the representation the day before his client's hearing. The withdrawal had an adverse effect on the client's interests in violation of Rule 1.16.

Lennie Hughes of Elizabeth City was censured by the Grievance Committee for his failure properly to supervise an employee in violation of Rule 5.3(b). Hughes' secretary sent a falsified declarations page from a malpractice insurance carrier to a mortgage company in a real estate closing. The falsified declarations page indicated that Hughes had malpractice coverage when he did not. There was no evidence Hughes authorized his secretary's misconduct.

The Grievance Committee censured Van H. Johnson of Elizabeth City for engaging in a conflict of interest during representation, failing to disclose pertinent facts about a case to a judge, and misleading the State Bar.

Reprimands

Luther J. Britt of Robeson County was reprimanded by the Grievance Committee for making extrajudicial statements to the media concerning pending criminal cases. Britt is the elected district attorney. He commented on details about criminal cases which were not in the public realm and expressed his opinion regarding the guilt of accused persons.

The Grievance Committee reprimanded Michael C. Byrne of Raleigh for neglecting two client matters, failing to communicate with those clients, and failing to respond to the State Bar. The neglect adversely affected the ability of those clients to pursue their legal claims. The committee considered, in mitigation, Byrne's eventual cooperation with the committee and efforts made by Byrne to address underlying problems.

Tonya L. Ford of Raleigh was reprimanded for failing to communicate properly with her client, failing to respond timely to the Tenth Judicial District Bar Grievance Committee, and failing to respond to the State Bar's supplemental inquiry.

Orrin Robbins of Chapel Hill was reprimanded by the Grievance Committee for failure to register the URL for his firm's website as required by Rule 7.5(a). The committee also found that Robbins' use of tixfixer.com to identify his website violated Rule 7.1(a)(2). Finally, the committee determined that Robbins' website included meta data that caused web search engines to identify him as a specialist in "traffic related law," when he is not a board certified specialist in "traffic related law," in violation of Rule 7.4(d).

Peter J. Underhill of Charlotte was reprimanded by the Grievance Committee for indirectly assisting companies that provided foreclosure services to lenders with the unauthorized practice of law. Underhill appeared as a substitute trustee in foreclosures pursuant to a retainer agreement with a North Carolina company which had a business relationship with a company in California.

Durryl Taylor of Marshall, North Carolina, received two reprimands from the Grievance Committee. Taylor failed to respond to two fee dispute petitions that were served on him in March 2006.

Ronald D. Brondyke of Asheville was reprimanded by the Grievance Committee for continuing to practice during a suspension for CLE non-compliance and for misrepresenting this fact when he applied for reinstatement. In issuing a reprimand, the committee considered several mitigating circumstances, including his significant medical problems during this time period, his self-report of the conduct, his affirmative efforts to rectify any potential consequences, and the absence of any prior disciplinary action in over 30 years of practicing law.

Admonitions

The DHC admonished Christopher Livingston of White Oak for engaging in the unauthorized practice of law by appearing in the US District Court for the Eastern District of North Carolina without being properly admitted and by preparing pleadings for clients to file pro se in the US District Court in Utah, where he was not admitted.

Petitions for Reinstatement

On January 18, 2008, North Carolina State Bar reinstated Melvin L. Wall Jr. from a three year suspension imposed on June 10, 2004, by the DHC for multiple counts of neglect and failure to communicate with his clients. Wall had satisfied all of the conditions necessary for his reinstatement.

Notice of Intent to Seek Reinstatement

Individuals who wish to note their concurrence with or opposition to these petitions should file written notice with the secretary of the State Bar, PO Box 25908, Raleigh, NC 27611, before May 1, 2008 (60 days from publication).

In the Matter of Chloe Wellons

Notice is hereby given that Chloe Wellons of Raleigh, North Carolina, intends to file a petition for reinstatement before the Disciplinary Hearing Commission of the North Carolina State Bar. Wellons surrendered her law license and was disbarred effective September 27, 1996, for appropriating funds from her former law firm to make unauthorized personal purchases and take cash advances, and for reporting false information about those purchases and advances to the firm's accountants.

In the Matter of Michael L. Yopp

Notice is hereby given that Michael L. Yopp of Dunn, North Carolina, intends to file a petition for reinstatement before the Disciplinary Hearing Commission of the North Carolina State Bar. Yopp surrendered his law license and was disbarred July 19, 2002, for misappropriating client funds for his personal benefit, over-disbursing client funds, and failing to reconcile his trust account.