# North Carolina State Bar v. Whitted

> Court of Appeals of North Carolina · August 19, 1986 · 82 N.C. App. 531

URL: https://www.frixlaw.com/law-library/cases/9564041

## Case

- **Full name:** The North Carolina State Bar v. Earl Whitted, Jr.
- **Court:** Court of Appeals of North Carolina
- **Decided:** August 19, 1986
- **Citations:** 82 N.C. App. 531; 347 S.E.2d 60; 1986 N.C. App. LEXIS 2512
- **Precedential status:** Published
- **Opinion:** Dissent by Johnson
- **Judges:** Whichard, Arnold, Johnson
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9564041

## Opinion text

Judge JOHNSON
dissenting.
I respectfully dissent from the majority opinion. The majority opinion aptly states the standard of proof in attorney disbarment proceedings. I do not agree that there was clear, cogent, and convincing evidence to support a conclusion that defendant violated all of the disciplinary rules as alleged. After applying the “whole record” test I cannot agree with the majority opinion that defendant’s multiple representation violated DR 5405(A). Moreover, findings of fact twenty-four (24), twenty-five (25), and twenty-six (26) do not support the Commission’s conclusion of law that defendant violated DR 5-105(A). The evidence, when considered as a whole, was not substantial so that a reasonable person might accept it as adequate to support the Commission’s conclusion that defendant violated DR 5405(A). I vote to reverse the Commission’s conclusion that defendant violated DR 5-105(A) and remand the order of discipline for reconsideration.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9564041. Public record. Not legal advice.