MEETING MINUTES
AUTHORIZED PRACTICE COMMITTEE MEETING
C. Colon Willoughby, Jr., Chair
The North Carolina State Bar
April 15, 2015
1:30 Room 221
Attendance
Members of the Committee attending were C. Colon Willoughby, Jr., Chair; Rebecca Eggers-Gryder, Vice-Chair; Marcia Armstrong; Robert J. Bernhardt; Heidi C Bloom; John A. Bowman; David F. Branch, Jr.; Robert C. Bowers; W. Edward Bunch; Gerald Collins, Jr.; Nicholas J. Dombalis, II; Theodore C. Edwards, II; Nick Fountain; Howard L. Gum; Mark P. Henriques; Alan S. Hicks; F. Fincher Jarrell; Debra L. Massie; Lonnie M. Player, Jr.; Harold G. Pope; Donna R. Rascoe; Matthew W. Smith; Kimberly S. Taylor; C. Branson Vickory; John S. Willardson; Margaret H. Dickson; Henry C. Babb; K. Edward Greene; Sonny S. Haynes; Andy Penry; Mark Scruggs; W. Erwin Spainhour and Starling Underwood. Also attending were staff counsel David Johnson and Joshua Walthall, staff assistants Lori Brooks and Brittany Wilson, Counsel Katherine Jean, Peter Bolac, Fred Patton, Tom Lunsford, Joe Cerone, Alice Mine, Margaret Cloutier, Carmen Bannon, Jeff Hill, Dottie Bernholz, Darrin Jordan, Margaret Hunt and President Ron Gibson. Guests attending were Tom Fetzer, Ken Friedman, Bruce Clarke, Michael Robinson, Lourdes Arenas Fernandez, A.P. Carlton, Crystal Carlisle, Doug Brocker, Mary P. Kelley, Pete Kennedy, James Peters, Dan Boyce, Roger Marion, Jr., Ben Kuhn, Tom William, Brenna Crosser, John Bagley, Deborah Marin, Isaac Carmona, Todd Lanker and John Barringer.
The Chair called the Committee to order at 1:35 p.m. The Chair informed the Committee members of their duty to avoid conflicts of interest and inquired of the members if anyone knew of any personal conflicts or appearance of conflict with respect to matters on the agenda in accordance with the State Ethics Act. In accordance with the requirements of the act, the following members reported their recusal on the following agenda items:
• C. Colon Willoughby, Jr., Rebecca Eggers-Gryder, Howard Gum – Agenda item 2, Prepaid Hearings – LegalZoom.
• W. Erwin Spainhour—Agenda item 5, Charlene Nobles (Allstate Indemnity Company).
While in open session the Committee took action by majority vote of the members present as follows:
A. Letters of Caution to be Issued:
1. 14AP0078 – Bradley Hines: A nonattorney drafts documents for another and attempts to appear in court on her behalf.
2. 14AP0092 – Stephen Winkles dba LienItNow.com: An out-of-state company offers to draft and file liens for North Carolina residents.
3. 14AP0094 – Anthony Collins: A nonattorney sends a demand letter to a North Carolina corporation on behalf of a North Carolina resident.
4. 14AP0095 – Anthony Williams: A nonattorney sent a letter to a North Carolina court, claiming to be an attorney and attempting to represent the legal rights of another on their behalf.
5. 14AP0096 – Lee Andrew Stein: A Florida attorney directly solicits the business of a North Carolina resident under the guise of providing the resident with “debt settlement and negotiation” services.
6. 14AP0099 – Eugene Gay: A nonattorney sends communications to parties involved in a lawsuit on behalf of another, claiming to be an attorney and a member of the “Federal Bar Association.”
7. 14AP0100 – Amy Wishart dba Do It Yourself Documents, LLC: An out-of-state business offers legal document creation services in North Carolina.
8. 15AP0002 – William Marshall: Nonattorney advertises as able to provide inmates with post-conviction legal representation.
9. 15AP0004 – Geoffrey L. Lamb dba The Lowell Firm, LLC: A nonattorney claims on a HUD to have provided various legal services relating to a real estate closing to others and charges excessive fees for the same.
10. 15AP0005 – Dulce Audelo: A nonattorney distributes business cards throughout her city and its courthouse claiming to provide legal services to others.
11. 15AP0007 – Narkittia L. Dobson: A nonattorney attempts to negotiate the rights and liabilities of others to an insurance company’s attorneys.
12. 15AP0008 – Ammon McNeff dba Legally Mine, LLC: A Utah business offers legal protection through “staff attorneys” to North Carolina residents.
13. 15AP0011 – J. B. Simms: A nonattorney attempts to represent another by filing a motion and negotiating on her behalf under the guise of a “Power of Attorney.”
14. 15AP0013 – Leslie Richards: A California attorney charges a North Carolina resident over five thousand dollars for loan modification services regarding a North Carolina property.
15. 15AP0014 – Matthew Levine: A nonattorney sends various documents containing legal arguments and representations to a creditor’s attorneys on behalf of the debtor.
16. 15AP0016 – Juan Blandin: Nonattorney advertises as able to assist members of the Hispanic population with the completion of legal immigration forms.
17. 15AP0018 – Multiservices Express Tax: Nonattorney advertises as able to assist members of the Hispanic population with complying with the new immigration laws.
18. 15AP0019 – Deborah Marin dba Universal Express Services: Nonattorney offers to help members of the Hispanic population with the completion of immigration documents.
19. 15AP0020 – Caroll Rojas dba El Sello Latino: Nonattorney offers to help members of the Hispanic population with the completion of immigration documents.
20. 15AP0022 – Miguel Rivas dba Mr. Income Tax: Nonattorney assists members of the Hispanic population in the completion of legal immigration documents.
21. 15AP0024 – Sary’s Travel and Tax Services: Nonattorney offers to help members of the Hispanic population with the completion of immigration documents.
B. Dismissal
1. 15AP0010 – John Bagley: A nonattorney sends a subrogation claim letter to a third party, asserting a legal claim on behalf of another.
2. 14AP0090 – Charlene Nobles (Allstate Indemnity Company): An insurance adjuster may have given legal advice to a claimant.
C. Prepaid Plans:
1. Counsel advised the Committee that during the last quarter: plan 11PP03 had its registration revoked due to its failure to comply with the annual registration requirements; plan 02PP02 submitted amendments to its plan materials that were accepted by the State Bar; plans 14PP04, 14PP05, and 14PP06, having previously been denied registration, were resubmitted after curing their deficiencies and accepted; plan 15PP01, after submitting an application and then making some necessary adjustments to its plan materials, was accepted for registration.
2. LegalZoom Business Advantage Pro and LegalZoom Advantage Plus. Upon request of the plan sponsor, LegalZoom, a hearing was held to review staff’s determination that these prepaid legal services plans were not eligible for registration based on deficiencies identified by staff to LegalZoom. At the conclusion of the hearing, upon motion duly made and seconded, the Committee voted to recommend to the Council that the staff’s determination be upheld and the plans, as submitted, be denied registration.
D. Other
1. 14AP0073 – The South Mountain Group, Inc.: A Georgia business advertises as able to conduct real estate closings in North Carolina using local attorneys. On motion duly made and seconded, the Committee voted to recommend to the Executive Committee that the State Bar seek an injunction. The Committee also voted to refer the involvement of the North Carolina lawyer to the Grievance Committee.
2. 14AP0083 – Jerry Holmes, Jr. dba Lender’s Title & Escrow, LLC: A title insurance company offers to perform residential real estate closings despite two prior warnings from the Committee. The Committee voted to table the matter to allow Committee counsel and counsel for Mr. Holmes to confer on concerns going forward.
3. 14AP0097 – Lourdes Arenas Fernandez: An attorney not licensed to practice in North Carolina holds out via business cards and social media as able to practice in this state despite a recent warning from the Committee. Upon the recommendation of the Committee in January, the Executive Committee authorized counsel to seek an injunction. Ms. Fernandez requested reconsideration. The Committee voted to ask the Executive Committee to withdraw its authorization to seek an injunction and to authorize the Committee issue a Letter of Caution to Cease and Desist.
4. The Committee received a report from counsel on the status of pending litigation matters.
There being no further matters before the Committee, the Committee adjourned at 4:27 p.m. on April 15, 2015.
