Joshua Walthall is a former State Bar prosecutor, and currently is a partner at Boerema Blackton, LLP in Raleigh. You can contact him at 919-801-6208 or jwalthall@bobllaw.com, and visit his website at ncprofessionallicensing.com.

Conflicts Arising from Lawyer’s Own Advice

Some conflicts are obvious. For example, if a current client asks you to assert a claim against another client represented by the lawyer in the same litigation, Rule 1.7(a)(1) and 1.7(b)(3) of the Rules of Professional Conduct make it clear that this would be prohibited. In other cases, conflicts may be more s… Read More

Mommy, how do you make a . . . Bar Grievance? 

I have four children, and they ask the most frustrating questions sometimes.  A recent selection provides a glimpse into the depraved curiosity of their little minds: “Pa, can you kill someone for stealing a scooter?”  “Mommy, why aren’t you as smart as Aunt Tracy?” &l… Read More

Help! The North Carolina State Bar Opened a Grievance Against Me. What Do I Do? 

First, you need to understand how grievances are started at the North Carolina State Bar. Almost anything can trigger the opening of a grievance at the North Carolina State Bar, but typically someone submits a complaint. And while a complaint usually comes from a client or former client, it can really come from anyone: an opposing party, a client’s spouse or relative, an opposing counsel, a judge, or even just someone with an unhealthy obsession with you. There is no “standing” requirement.   Read More

When Does a Demand Letter Cross the Line?

After obtaining a $20.7 million class-action verdict from Kimberly-Clark[i] and making over a hundred appearances on various television talk shows[ii], attorney Michael Avenatti’s once-rising star plummeted. While facing allegations of domestic violence and charges for tax evasion, wire fraud, and identity theft, Avenatti decided to leverage “the power of his platform” to extort Nike by demanding money in exchange for silence on the company’s allegedly illegal practices.[iii]  This scheme eventually landed Avenatti in jail for 30 months.    Read More