 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Smith v. Beaufort County Hospital Association12/29/2000
ruce Wilkinson and Gloretta Hall, the plaintiffs acquired "a substantial right to the continuation of representation by" them. Goldston, 326 N.C. at 727, 392 S.E.2d at 737. Goldston implies that a plaintiff has an equal right to continued representation whether counsel is admitted to practice in this State or is granted admission pro hac vice pursuant to N.C. Gen. Stat. § 84-4.1. See id.
In Travco, our Supreme Court held that " ecisions regarding whether to disqualify counsel are within the discretion of the trial judge and, absent an abuse of discretion, a trial judge's ruling on a motion to disqualify will not be disturbed on appeal." Travco, 332 N.C. at 295, 420 S.E.2d at 430 (citing In re Lee, 85 N.C. App. 302, 310, 354 S.E.2d 759, 764-65, disc. review denied, 320 N.C. 513, 358 S.E.2d 520 (1987)). The plaintiffs, therefore, contend that Judge Griffin's order revoking the pro hac vice admission of plaintiffs' counsel constituted an abuse of discretion. The majority rejects this contention; I, however, believe the contention has merit.
The majority recognizes that "ordinarily one judge may not modify, overrule, or change the judgment of another Superior Court judge previously made in the same action." Calloway v. Motor Co., 281 N.C. 496, 501, 189 S.E.2d 484, 488 (1972). While N.C. Gen. Stat. § 84-4.2 grants permission to "the General Court of Justice" to summarily revoke, "on its own motion and in its discretion," admission previously granted pursuant to N.C. Gen. Stat. § 84-4.1, I believe that the exercise of such discretion must be based upon some change in circumstance subsequent to the initial grant of pro hac vice admission sufficient to warrant the denial of plaintiffs' substantial right to the continued representation by their counsel of choice. Otherwise, there appears to be nothing to prevent the plaintiffs from again seeking to have Bruce Wilkinson and Gloretta Hall admitted pro hac vice by motion before yet another judge. In other words, there must be some basis for changing the determination to grant or deny pro hac vice admission; otherwise, I see no basis for one court modifying or overruling another equivalent court.
I disagree further with the majority's holding that, for purposes of pro hac vice admission under N.C. Gen. Stat. § 84-4.1 and the prohibition of "habitual practice" in our courts by nonresident counsel, a law firm may be treated as though it were a single lawyer, and therefore the actions of the firm may be imputed to the individual firm members. I believe this conclusion to be inequitable and unsupported by law.
In State v. Hunter, 290 N.C. 556, 227 S.E.2d 535 (1976), cert. denied, 429 U.S. 1093, 51 L. Ed. 2d 539 (1977), our Supreme Court quoted with approval language from Manning v. Railroad, 122 N.C. 824, 828, 28 S.E. 963, 964 (1898), stating that North Carolina law "forbids the courts from allowing non-resident counsel . . . from practicing habitually in our courts." Furthermore, N.C. Gen. Stat. § 84-4.1 speaks of the admission pro hac vice of attorneys, not law firms. Neither this language in Hunter nor the statutory language indicates an intent to summarily deprive all members of an out-of-state law firm--whether present or future--the opportunity to appear in our state courts on a pro hac vice basis, where a single member of the firm may have appeared in our courts on multiple occasions such that a determination is made that the individual has habitually practiced law in this state. I believe the quoted language speaks to the individual "non-resident counsel," and should not impugn to the firm the disqualification of the individual.
Judge Griffin's order was based at least in part on his finding that " he Gary Law Firm
Page 1 2 3 4 5 6 7 8 9 10 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|