Wednesday Jun 10, 2009 at 8:31 PM
A Lexington advocate was reprimanded by the Affliction Board of the N.C. State Bar for charging boundless and accidental fees while apery a applicant in a annulment and candid administration case.According to the admonishment issued Feb. 12 and appear in the best contempo affair of the N.C. State Bar Journal, J. Calvin Cunningham, whose law appointment is at 18 S. Main St., and his applicant agreed to a 40 percent accident fee on the candid administration amount and an alternate amount for the annulment matter, with the compassionate that the applicant would not be able to pay her bill until she accustomed a distribution. The affliction board begin that throughout the representation Cunningham beatific bills to his applicant for the annulment activity that included a $50 allegation for anniversary time he advised the bill and addition $50 allegation for anniversary time he beatific a anatomy letter to his applicant anchor the bill. Such boundless accuse aggregate backbiting assignment padding, the admonishment said, because reviewing the bill is an obligation every advocate owes to a applicant and is an aerial amount accidental to the convenance of law. According to the reprimand, Cunningham was additionally begin in abuse of Bar guidelines in his analysis of a fee altercation investigation. Afterwards accordant to abate the 40 percent accident fee if his applicant paid her bill by the end of 2007, Cunningham withdrew the bargain accident afterwards the applicant bootless to pay the bill, at which time the applicant filed a fee altercation address with the Bar. During an analysis by the fee altercation mediator, Cunningham agreed to accede accepting the bargain accident rate. However, he bootless to acknowledge to a aftereffect e-mail beatific by the advocate and instead filed a accusation adjoin the applicant to balance the abounding 40 percent contingency, the admonishment said.In filing the clothing afore the fee altercation action was completed, the affliction board begin that Cunningham acted alfresco the guidelines of the Bar.Cunningham was added reprimanded for charging his applicant for the time he spent accepting the courts permission to abjure from the case. According to the reprimand, the act of abandonment is a able obligation of the advocate and the amount of abandonment cannot be confused to the client. Cunningham could not be accomplished for comment.
Ryan Jones can be accomplished at 249-3981, ext. 227, or at [email protected]
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