In re Braun

531 S.E.2d 213, 352 N.C. 327, 2000 N.C. LEXIS 526
CourtSupreme Court of North Carolina
DecidedJuly 13, 2000
DocketNo. 31A00
StatusPublished
Cited by3 cases

This text of 531 S.E.2d 213 (In re Braun) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Braun, 531 S.E.2d 213, 352 N.C. 327, 2000 N.C. LEXIS 526 (N.C. 2000).

Opinion

FREEMAN, Justice.

Petitioner Nancy E. Braun, a 1988 graduate of the State University of New York at Buffalo School of Law, was admitted to practice in the State of New York (4th Department) in 1989 and in the District of Columbia by reciprocity in 1991. On 5 December 1996, Braun applied for admission to the North Carolina Bar by comity. Braun appeared before a two-member panel of the North Carolina Board of Law Examiners (Board) on 15 July 1997. The panel ordered that her comity application be denied, and, thereafter, Braun requested a de novo hearing before the full Board. On 24 October 1997, she appeared before the full Board for the purpose of receiving evidence from which the Board could determine whether Braun had met all the requirements of section .0502 of the Rules Governing Admission to Practice of Law in North Carolina. Following this hearing, the Board, by order of 1 December 1997, denied the comity application concluding that Braun had failed to prove to its satisfaction that she met “all the requirements of section .0502 and especially Rule .0502(3)” (comity applicants must prove they are duly licensed to practice law in another state or territory of the United States and have been for at least four out of the last six years immediately preceding the filing of the application actively and substantially engaged in the practice of law in that jurisdiction). Additionally, the Board denied Braun’s application on the grounds of character and general fitness. Braun then appealed the Board’s determination to Superior Court, Wake County. On 3 September 1999, the trial court entered an order affirming the decision of the Board. Braun appeals to this Court only the Board’s determination that she is unfit to be admitted to the Bar of the State of North Carolina, assigning as error the Board’s findings of fact as too vague to permit judicial review and further contending that the trial court’s ruling is erroneous as a matter of law.

Among the Board’s lengthy findings are the following:

[329]*3297. From September 1988 to October 1990, the Applicant was an associate attorney in the law firm of Moot & Sprague in Buffalo, New York.
8. From November 1990 to November 1991, the Applicant was an associate attorney in the law firm of Phillips, Lytle, Hitchcock, Blaine & Huber in Buffalo, New York.
9. In November 1991, the Applicant went into business for herself as a co-owner and operator of a restaurant business known as Harvest Moon Cafe & Catering in Buffalo, New York.
10. The Applicant operated Harvest Moon Cafe & Catering as a partnership, sole proprietorship, or corporation from November 1991 until November 1996.
11. In November 1996, the Applicant moved from Buffalo, New York, to Charlotte, North Carolina.
12. Section .0502(3) of the Rules Governing Admission to Practice Law in the State of North Carolina requires comity applicants to prove to the satisfaction of the Board that the applicant is duly licensed to practice law in another state, or territory of the United States, or the District of Columbia having comity with North Carolina, and that while so licensed therein, the applicant has been for at least four out of the last six years immediately preceding the filing of his application been [sic] actively and substantially engaged in the practice of law in that jurisdiction.
13. The six years immediately preceding the filing of the Applicant’s Application were December 5, 1990, to December 5, 1996.
14. In addition to operating the restaurant, from November 1991 to November 1996 the Applicant performed certain law related activities for Harvest Moon Cafe & Catering, such as obtaining a business loan; negotiating a lease and resolving disputes with the landlord; attending an unemployment hearing; negotiating dissolution of the partnership; incorporating the business; obtaining an ABC license; negotiating a settlement with the telephone company; responding to Labor Board audit inquiries; and negotiating contracts.
15. The Applicant was not paid for her law related activities for Harvest Moon Cafe & Catering from November 1991 to November 1996.
[330]*33016. During the period from November 1991 to November 1996, the Applicant performed miscellaneous legal services for various employees and vendors, such as drafting a consignment form agreement, appearing in traffic court, writing demand letters, and negotiating settlements of disputes.
17. The Applicant was paid “in kind” or did not charge for her various miscellaneous legal services for other persons from November 1991 to November 1996. These “in kind” payments were not reported as income on her federal income tax returns for those years.
18. The Applicant did not maintain a legal office separate and apart from her restaurant business from November 1991 to November 1996.
19. The Applicant did not advertise her legal services in the yellow pages or otherwise hold herself out to the general public as a practicing lawyer from November 1991 to November 1996.
20. The Applicant did not maintain professional malpractice insurance from November 1991 to November 1996.
21. The Applicant did not maintain contemporaneous records of billable hours for her law related activities for Harvest Moon Cafe & Catering or her miscellaneous legal services for other persons from November 1991 to November 1996.
22. The Applicant did not attend formal continuing legal education (CLE) from November 1991 to November 1996.
23. While the Applicant operated Harvest Moon Cafe & Catering between 1991 and November 1996 she was not engaged in the active and substantial practice of law.
25. The Applicant’s answers to questions attempting to show that her work at Harvest Moon Cafe & Catering was the active and substantial practice of law showed a lack of candor.
26. The Applicant’s statements and answers to questions showed a lack of candor; was [sic] misleading to the Board; and have a significant bearing on her character and fitness.
27. The Applicant has failed to satisfy the Board that she possesses the qualifications of character and general fitness required [331]*331of an attorney and counselor of law and she is of such good moral character and is entitled to the high regard and confidence of the public.

Braun argues that the above findings of fact, in particular numbers 25 and 26, fail to identify which of her specific statements show a lack of candor or are misleading and that the findings are therefore too vague to permit judicial review. We disagree.

Braun contends that her case is precisely on point with our decision in In re Moore, 301 N.C. 634, 272 S.E.2d 826 (1981).

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Related

In re Burke
775 S.E.2d 815 (Supreme Court of North Carolina, 2015)
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579 S.E.2d 510 (Court of Appeals of North Carolina, 2003)

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Bluebook (online)
531 S.E.2d 213, 352 N.C. 327, 2000 N.C. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-braun-nc-2000.