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Smith v. Beaufort County Hospital Association12/29/2000
(and its members) has habitually practiced law in North Carolina," and Judge Griffin concluded that " he conduct of the Gary Law Firm and its members in North Carolina constitutes the habitual practice of law." I disagree with the implication that a law firm, as opposed to an individual member of a law firm, may be admitted pro hac vice to practice before our courts, or that a law firm can be found to have habitually practiced law in North Carolina. To the extent Judge Griffin's order was based upon this conclusion of law, I believe the order constitutes an abuse of discretion.
Furthermore, the majority concedes that Judge Griffin's order was based in part on the erroneous conclusion that " either the letter nor the spirit of G.S. 84-4.1(2) was complied with in this action," and that Judge Griffin misapprehended Florida's and North Carolina's reciprocity statutes in concluding that "reciprocity of admission does not exist" between Florida and North Carolina. The sole remaining conclusion of law upon which Judge Griffin's order can stand is that " he Court is empowered by G.S. 84-4.2 in its discretion to summarily revoke pro hac vice admissions previously granted." As noted above, I believe such discretion is not unfettered, but instead is limited to instances of changed circumstances. For the foregoing reasons, I respectfully dissent.
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