Disciplinary Actions

Most Recent Actions

Disbarments

Former Charlotte lawyer Thomas D. Brown surrendered his law license and was disbarred by the Wake County Superior Court. Brown acknowledged that he had misappropriated entrusted funds totaling at least $970,000.00.

Jeffrey Howle, formerly of Charlotte, was disbarred by the Disciplinary Hearing Commission for filing false reimbursement requests with his law firm for CLE programs he had not taken and for making false representations to the State Bar's Grievance Committee.

Neil G. O'Rourke of Apex surrendered his law license and was disbarred by the Wake County Superior Court. O'Rourke pled guilty in the federal district court for the western district of North Carolina to one count of conspiracy to commit loan fraud, mail fraud, wire fraud, bank fraud, and securities fraud.

The DHC disbarred Charles E. Robinson of Rocky Mount. Robinson neglected and failed to communicate with several clients, failed to comply with discovery obligations and orders of the US District Court, and failed to respond to the Bar. Robinson's neglect caused several clients' cases to be dismissed with prejudice. Robinson accepted new cases and fees from new clients while neglecting existing clients.

Anthony Young of Charlotte surrendered his law license to the Wake County Superior Court and was disbarred. Young pled guilty to criminal offenses arising from mortgage fraud.

Suspensions & Stayed Suspensions

D. Bernard Alston of Henderson was suspended by the DHC for five years. He can seek a stay of the balance of the suspension after 18 months upon enumerated conditions, including treatment for depression, continued LAP participation, annual law office management courses, and supervision by a practice monitor. Alston neglected and failed to communicate with clients, failed to respond to the Bar, and failed to properly administer an estate.

The DHC suspended Shonna Alexander of Winston-Salem for three years. She can seek a stay of the balance of the suspension after one year upon compliance with enumerated conditions. Alexander neglected several clients, failed to respond to a fee dispute petition, and failed to respond to the Grievance Committee.

Bradley R. Lamb, formerly of Pittsboro, was placed on interim suspension based upon his plea of guilty and conviction in Florida for the felony offenses of promoting the sexual performance of a child, lewd or lascivious exhibition, and solicitation of a child over the internet. His DHC trial will be held after he serves a 15 year sentence of imprisonment.

The three-year suspension of Randal S. Marsh of Boone was activated when the DHC found that Marsh failed to comply with conditions of a stayed suspension imposed in 2007.

Tamla T. Scott, who relocated from Charlotte to Washington DC, without notifying clients or resolving their cases, was suspended for three years with the opportunity to petition for a stay after one year. Scott neglected several clients and failed to respond to the Bar.

Creighton "Zeke" Sossomon of Highlands was suspended for 1 year by the DHC. He engaged in a conflict of interest, failed to act with diligence and failed to communicate regarding a real estate transaction, disclosed confidential client information, and used confidential information to a client's detriment.

The DHC denied a petition by Michael H. McGee, formerly of Charlotte, to stay the final two years of a five-year suspension imposed in 2004.

Disability Inactive Status

The Grievance Chair transferred three lawyers-Elizabeth Spradlin of Buncombe County, Paul Sylvia of Wilmington, and Lewis Hoggard of Windsor-to disability inactive status.

Censures

Robert A. Forquer of Charlotte was censured. Forquer engaged in a conflict of interest by accepting payment for services from a third party payor without his client's consent, failed to communicate with his client, prepared a deed at the direction of a third party, thereby allowing a third party to direct his services, improperly split a legal fee with a non-lawyer, and assisted a third party's unauthorized practice of law.

Lee Rosen, principal of the Rosen Law Firm in Raleigh, was censured for the following reasons: (1) the firm did not establish policies giving reasonable assurances that all lawyers in the firm would conform to the Rules of Professional Conduct; (2) the firm's fee agreements were structured to collect excessive fees for little or no work; (3) the agreements were misleading because they provided a disincentive to perform work within prescribed timeliness; (4) clients were not informed that the attorney who did their initial consultations would not handle their cases; (5) one client was not informed of limitations on the scope of the firm's representation; and (6) the firm undertook to represent clients with interests adverse to the interests of former clients in the same or substantially related matters.

Reprimands

J. David Bartenfield of Greensboro was reprimanded for assault, communicating a threat, secret peeping, fleeing from a police officer, and assaulting a police officer. Mitigating factors taken into consideration by the Grievance Committee included recent cooperation and efforts made by Mr. Bartenfield to address underlying problems.

Fayetteville lawyer William E. Brown was reprimanded for failure to act with diligence, failure to promptly return a client file, and failure to promptly respond to the Grievance Committee.

Clair Campbell of Charlotte was reprimanded for telephone book and telephone advertisements violating Rules 7.1(a)(1)(2), 7.1(b), and 1.8(e).

William L. Durham of Myrtle Beach, SC, was reprimanded for failure to participate in the State Bar's mandatory fee dispute resolution process, failure to inform clients of his intent to sell his law practice, failure to communicate with clients, and failure to respond promptly to the Grievance Committee.

Troy C. Homesley Jr. of Mooresville was reprimanded for drafting a release of civil claims in which his client would pay $7000.00 in exchange for the recipient's refusal to pursue criminal charges against his client.

Charlotte lawyer Lucky T. Osho was reprimanded for collecting excessive expenses. Osho used inadequate bookkeeping practices to record information needed to complete applications for payment of fees and expenses for representation of indigent clients.

Edwin A. Pressly of Statesville was reprimanded for paying for a client's medical treatment, filing suit against a client without first notifying the client of the State Bar's fee dispute program and failing to memorialize in writing his agreement to split a fee with another attorney.

Asheville lawyer Jack W. Stewart Jr. was reprimanded for failing to act with reasonable diligence and failing to participate in the State Bar's mandatory fee dispute resolution program.

Robert K. Trobich of Charlotte was reprimanded for failing to respond promptly to the Grievance Committee.

The DHC entered a consent order reprimanding Randolph County lawyer Robert Weckworth. Weckworth neglected several clients, failed to participate in the fee dispute program, and failed to respond to the Grievance Committee. He had rejected the Grievance Committee's reprimand.

Petitions for Reinstatement

Bonnie Lee O'Neal's petition for reinstatement to active status was granted by consent on February 1, 2008. O'Neal, of High Point, was transferred to disability inactive status by the DHC on October 14, 2004.

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 August 1, 2008 (60 days from publication).

In the Matter of Gene H. Kendall

Notice is hereby given that Gene H. Kendall intends to file a petition for reinstatement. The petitioner was ordered disbarred by the Disciplinary Hearing Commission following a hearing on December 29, 2000. n