Monday, September 18, 2017

"The Eyes, The Smile The Mind" Leads To "Your Wife Called Me"

The North Carolina Office of Counsel publishes a quarterly report that contains a wealth of information such as this case summary

It is alleged that [attorney] Averitt, of Cary, forged a letter purporting to be from the Augusta National Golf Club, falsely represented that his employer had eight tickets to the Masters Golf tournament, and sold the fictitious tickets on Craig’s List. Because Averitt alleged that he is disabled, the disciplinary proceeding was stayed and Averitt was transferred to disability inactive status. The DHC entered a consent order concluding that Averitt is disabled and continuing his disability inactive status. This proceeding will remain stayed until Averitt successfully petitions for transfer back to active status.

Another reported disposition involves a five-year suspension for sex with a client who was engaged in litigation with her ex- boyfriend and that started with text messages

[Attorney] Braswell and J.M. had several text message exchanges before he met with her on 24 November 2015 to include the following exchanges:

a. 11/19 message from Braswell to J .M.: "Thinking of you. Is that ok?"

b. 11/19 message from J.M. to Braswell: "Why do you think you need to ask?"

c. 11/19 message from Braswell to J.M.: "Then you have also figured out that my interest in you goes beyond helping you out of your current situation. But if you want me to stop there then you should tell me now. Not that I would stop but I would know your position."

d. 11/19 messages from J.M. to Braswell: "I would like to get to know you. The worst thing that can happen for either of us is we made a new friend. I feel that if don't leave myself open I will continue to live with regret!" "And you are supposed to be working!"

e. 11/19 message from Braswell to J.M.: "I couldn't agree more. I think we share a lot of mutual interests and a relationship would only enhance our potential. "

f. 11/19 message from J.M. to Braswell: "I would like to know what I did do to capture your attention. I did not get the impression many women distract you like this. I may be completely off base."

g. 11/19 message from Braswell to J.M.: "You are very perceptive. If you must know ... the eyes, the smile the mind"

h. 11/20 message from J.M. to Braswell: "Just got to the hotel. You need to watch out, someone might think you like me!"

i. 11/20 message from Braswell to J.M.: "And the problem would be ... "

j. 11/20 message from Braswell to J.M.: "I think you are exactly my type .. ,[sic] expressive, energetic, confident, sexy and fun"

k. 11/21 message from Braswell to J.M.: "Good morning. Woke up thinking of you. Taking the kids to the kiddy museum later today. When is the first soccer match"

i.  11/22 message from Braswell to J .M.: "I look forward to making you smile and laugh. That is the least 1 can do to thank you for adding value to my life."

m. 11/23 message from Braswell to J.M.: "; .. Remember try not to look as good as you did before otherwise I can't promise that I won't try and kiss you."

Lunch at a Chinese restaurant led to Ddnner and sex followed shortly thereafter.

Communications between J.R.  and the attorney 's wife also figure int the story.

J.M. sent the following text messages to Defendant after she was contacted by his spouse

a. "Hey, your wife called me. I told here [ sic] I had the kids in the car, which I did. Guess you are going to have a shitty night, I am calling her back shortly. She has a lot of questions"

b. "Just to let you know I am filing a complaint with the board. You are unethical!"

The Goldsboro News-Argus reported the suspension. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/09/the-north-carolina-office-of-counsel-publishes-a-quarterly-report-that-contains-a-wealth-of-information-such-as-it-is-allege.html

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