Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: North Carolina

NC: Statute of Limitations | Legal Malpractice| Appeals

Posted in North Carolina
Ventriglia v. Deese, 194 N.C. App. 344, 669 S.E.2d. 817 (2008) NC: Underlying Matrimonial trial  Student Contributor: David Yanoff Facts: Plaintiff retained defendant to represent him in divorce proceedings. Plaintiff separated from his wife on October 27, 2000, who filed for absolute divorce on October 29, 2001. Plaintiff counterclaimed for equitable distribution and alimony. Absolute… Continue Reading

NC: Failure to Mitigate is Not Contributory Negligence

Posted in Mitigation of Damages, North Carolina
Hummer v. Pulley, Watson, King & Lischer, P.A., 140 N.C. App. 270, 536 S.E.2d. 349 (2000) NC: Employment law Student contributor: David Yanoff Facts:    Plaintiff was a “career status teacher” in a public school. After an incident with the principal (an argument where plaintiff insisted he did nothing wrong) in which plaintiff was threatened… Continue Reading

NC: Lawyer Immune from Malpractice Suit When Client was a Guilty Criminal

Posted in North Carolina, Proximate Cause
Belk v. Cheshire, 159 N.C. App. 325, 583 S.E.2d 700 (2003) NC: Underlying criminal defense matter Student Contributor: Nicholas Kingsbury Facts: Plaintiff hired an attorney to represent him in his federal charges of gambling and money laundering. As per an agreement the attorney reached with the federal prosecutor, the plaintiff would plead guilty, and forfeit… Continue Reading

NC: Employer Can Not Touch Worker’s Award Money from Legal Malpractice Lawsuit

Posted in North Carolina, Statute of Limitations
Grant Construction Co. v. McRae, 146 N.C. App. 370, 553 S.E.2d 89 (2001) NC: Underlying personal injury matter Student Contributor: Nick Kingsbury Facts: Grant Construction’s worker was hurt on the job after a subcontractor left a dangerous condition on the site. The worker hired an attorney to represent him in his Workers Compensation case and… Continue Reading

NC: Attorney not liable when acting as notary

Posted in North Carolina
Nationsbank of North Carolina, N.A. v. Parker, 140 N.C. App. 106, 535 S.E.2d. 597 (2000) NC: Debtor-creditor law Student contributor: David Yanoff Facts:  Plaintiff bank made a loan to  Shamrock Country Club, which operated a golf course on land owned by the parents of Shamrock’s president (Walker). The loan was conditioned upon the signing of… Continue Reading

NC: No Liability for Lawyer’s Bad Investment Advice when Plaintiff Doesn’t Perform Due Diligence

Posted in North Carolina, Securities
Hahne v. Hanzel, 161 N.C. App. 494, 588 S.E.2d. 915 (2003) NC: Securities law Student Contributor: David Yanoff Facts:  Plaintiffs were experienced investors and businesspersons. Defendant, during the course of representing plaintiffs with respect to other unrelated matters involving incorporation, encouraged plaintiffs to invest in a company called Invinca-Shield. Defendant explained that Invinca-Shield was in… Continue Reading

NC: Attorney Not Liable in Divorce Action

Posted in Family Law, North Carolina, Standard of Care
Summer v. Allran, 100 N.C.App. 182, 394 S.E.2d 689 (N.C.App. 1990) NC: Underlying separation agreement Student Contributor: Karen Dindayal Facts: Plaintiff, Summer retained defendant William J. Allran to prepare a separation agreement with her ex-husband. Allran prepared three drafts of the agreement, and the parties signed the final draft on February 5, 1982.  A few months… Continue Reading

NC: Civil Procedure 101: Forgetting the Basics Could Cost You

Posted in Litigation, North Carolina, Real Estate
Bolton v. Crone, 162 N.C. App. 171, 589 S.E.2d 915 (2004) NC: Underlying Real Estate Transaction Student Contributor: Vanessa L. Wachira Facts: In September 2002, Billy Wendell Bolton (Client) brought an action for legal malpractice against John W. Crone, III and the firm of Gaither, Gorham & Crone (Attorneys) alleging that, during a real estate… Continue Reading

NC: No Privity? No problem. Privity Not Required at Time of Injury to Sustain Malpractice Action

Posted in North Carolina, Privity, Torts/Personal Injury
Wood v. Hollingsworth, 166, N.C. App 637, 603 S.E.2d 388 (2004) NC: Underlying Personal Injury Claim Student Contributor: Vanessa L. Wachira Facts: After sustaining injuries in an automobile accident on March 8, 1997, Client retained the services of Barbara Hollingsworth (Attorney).  In December 1999 Client instructed Attorney to file suit against the other driver.  In… Continue Reading

NC: Caught by the “Long Arm” of the Law

Posted in North Carolina, Real Estate
Summit Lodging, LLC v. Jones, Spitz, Moorhead, Baird & Albergotti, P.A., 176 N.C. App. 697, 627 S.E.2d 259 (2006) NC: Underlying Real Property Transaction Student Contributor: Vanessa L. Wachira Facts: Clients, non-residents of North Carolina, retained a South Carolina-based firm (“Attorneys”) to organize a North Carolina limited liability company for the purpose of purchasing, owning,… Continue Reading

NC: Still Some Justice Yet: Heart Attacks Provide Adequate Basis for Negligent-Free Withdrawal

Posted in North Carolina
Wilkins v. Safran, 185 N.C.App. 668, 649 S.E.2d 658 (2007) NC: Underlying Construction Litigation Student Contributor: Vanessa L. Wachira Facts: After Rennie L. Wilkins (“Client”) was named as a defendant in a construction lawsuit in 1998, he retained the services of Perry Safran (“Attorney”). Over the next five years, Attorney represented Client in connection with… Continue Reading