Disciplinary Actions from the Most Recent Journal

Disbarments

Brian Chris Daniels of Harkers Island misappropriated funds from his former law firm employer and funds entrusted to the firm by clients. He was disbarred by the DHC.

Jennifer Green-Lee of Clayton surrendered her law license and was disbarred by the Wake County Superior Court. Green-Lee admitted that she misappropriated entrusted funds totaling at least $800,000.

W. Ray Hudson of Troy misappropriated funds held in trust for payment of a title insurance premium and failed to respond to the Bar. He was disbarred by the DHC.

Jason M. Price of Concord surrendered his law license and was disbarred by the State Bar Council. Price admitted that he misappropriated entrusted funds in excess of $25,000.

Robert M. Smith of Pikeville pled no contest to two counts of criminal contempt in Wayne County Superior Court. The Honorable R. Stuart Albright found that Smith was not "truthful, open, and honest" with a district court judge. He also found that Smith failed to appear in superior court on another matter, failed to notify the court of the reason for his absence, and had previously been held in contempt for similar conduct. Judge Albright found that Smith's conduct was willfully contemptuous and demonstrated a "willful and grossly negligent failure to comply with the schedules and practices of the court resulting in substantial interference with the business of the court." Judge Albright ordered Smith permanently disbarred.

Suspensions & Stayed Suspensions

Robert Burford of Raleigh deducted from his clients' Vioxx settlements purported expenses in amounts significantly greater than he actually incurred in an effort to circumvent the court's cap on attorney fees. The DHC imposed a two-year suspension. The suspension is stayed for five years.

Robert Hensley of Bradenton, Florida, neglected many clients and failed to respond to the Bar. He was suspended for four years. After 18 months he can apply for a stay of the balance upon compliance with numerous conditions.

Henderson lawyer William Noel violated many rules related to handling entrusted funds, including putting client court costs into his operating account, failing to reconcile his trust account, and failing to maintain required trust account records. Noel was suspended for three years. After serving one year, he can apply for a stay of the balance upon compliance with numerous conditions.

Wilmington lawyer Leanne Quattrucci misappropriated fees belonging to her law firm employer. She was suspended for three years. After six months she can apply for a stay of the balance if she completes additional ethics CLE hours. The DHC found extensive mitigating circumstances.

Interim Suspensions

The DHC entered an order of interim suspension in the case of Benjamin J. Viloski of Oak Island. A jury found Viloski guilty of felony offenses including conspiracy to commit mail and wire fraud, mail fraud, conspiracy to commit money laundering and transactions in criminally derived property, aiding and abetting concealment of money laundering, aiding and abetting transactions in criminally derived property, and making false statements to federal agents.

Censures

Joe Biesecker of Lexington improperly disbursed funds he was holding as a fiduciary in a dispute between two business partners. He was censured by the DHC and required to pay restitution to the business partner harmed by the improper disbursement.

Nancy Green of Charlotte was censured by the Grievance Committee. Green assisted a corporation in the unauthorized practice of law by preparing estate documents, sharing a flat fee with the corporation, and engaging in a conflict of interest.

Nile K. Falk of Rocky Mount was censured by the Grievance Committee. Falk made an unauthorized notation on a criminal defendant's shuck that the case should be dismissed if the prosecuting witness failed to appear at the next court hearing.

Reprimands

John J. Pavey of Sylva was reprimanded by the Grievance Committee. Pavey represented the borrowers and the lender in 13 construction loans. Because Pavey failed to make appropriate inquiries, the HUD-1 Settlement Statements he prepared contained inaccurate information. When the lender later foreclosed the deed of trust in one of those transactions, Pavey engaged in a conflict of interest by representing the borrowers in the foreclosure proceeding. The Grievance Committee considered Pavey's inexperience in the practice of law as a mitigating factor.

Robert M. Smith of Pikeville was reprimanded by the Grievance Committee. Smith failed to appear in court for his client's traffic cases resulting in revocation of her driver's license. The client was later arrested and briefly incarcerated for failing to appear in court.

Richard Tanker of Hendersonville was reprimanded by the Grievance Committee. Tanker improperly obtained an ex parte court order.

Christopher Walker of Charlotte was reprimanded by the Grievance Committee. Walker purported to accept a settlement offer without his client's permission and deposited the settlement check in his trust account without following the defense attorney's conditions for disbursement, which included the client's execution of a release. In addition, Walker's fee agreement falsely represented that Walker was entitled to enforce a charging lien.

Reinstatements

The DHC dismissed the petition of Winston-Salem lawyer Phillip S. Banks III for reinstatement from disability inactive status because he failed to present necessary medical evidence.

The DHC entered a consent order reinstating Jacqueline C. Morris-Goodson of Oxford from disability inactive status.

Transfers to Disability Inactive Status

Jimmy H. Joyner Jr. of Graham was transferred to disability inactive status by the chair of the Grievance Committee.

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 February 1, 2012 (60 days from publication).

In the Matter of Matthew Bromund

Notice is hereby given that Matt Bromund intends to file a petition for reinstatement before the Disciplinary Hearing Commission of the North Carolina State Bar.

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.