Resort Development Co. v. Phillips

• Decision Date: 05 August 1970
• Docket Number: No. 705C420,705C420
• Citation: 9 N.C.App. 158,175 S.E.2d 782
• Court: North Carolina Court of Appeals
• Parties: RESORT DEVELOPMENT COMPANY, Inc. v. Ila Freeman PHILLIPS (Widow), et al.

Page 782

175 S.E.2d 782

9 N.C.App. 158

RESORT DEVELOPMENT COMPANY, Inc. v. Ila Freeman PHILLIPS (Widow), et al.

No. 705C420.

Court of Appeals of North Carolina.

Aug. 5, 1970.

Carr & Swails by James B. Swails, Wilmington, for plaintiff-appellee.

Pearson, Malone, Johnson & DeJarmon, Durham, for defendants-appellants.

GRAHAM, Judge.

Evelyn A. Williams, a resident of the State of New York, appeared as an attorney for defendants throughout the lengthy trial proceedings and apparently prepared and filed the record and defendants' brief on this appeal. Miss Williams is not a member of the Bar of North Carolina admitted and licensed to practice as an attorney in the courts of this State. G.S. § 84--4. She represents that she is admitted to practice in the State of New York, but she has not applied for nor has she been granted permission to appear as an attorney in this case. In Manning v. Roanoke & T. R.R. Co., 122 N.C. 824, 28 S.E. 963, we find the following at p. 828, 28 S.E. at p. 964:

'In the present instance, the summons was sent to the general counsel of the defendant, resident in Norfolk, Va., who had no authority to practice in this State, not having obtained license so to do in the manner required by The Code, § 17, and, in fact, being debarred as a citizen of another State from so doing by section 19, which requires all attorneys to take an oath of allegiance to this State. That said nonresident had appeared in some causes in this State does not militate against this, since the appearance of such counsel is a matter of courtesy in each and every case, And on motion in each case, and only for the occasion on which it is allowed.' (Emphasis added).

After it came to our attention that Miss Williams was not properly appearing as an attorney, she was not permitted to participate in oral arguments. Associate counsel, being members in good standing of the Bar of this State, argued the appeal for defendants.

Since 1967 the procedure whereby an out-of-state attorney may obtain permission to appear in particular litigation in this State has been set forth by statute. G.S. § 84--4.1. This statute provides:

'Any attorney regularly admitted to practice in the courts of record of another state and in good standing therein, having been retained as attorney for any party to a legal proceeding, civil or criminal, pending in the General Court of Justice of North Carolina, may, on motion, be admitted to practice in the General Court of Justice for the sole purpose of appearing for his client in said litigation, but only upon compliance with the following conditions precedent:

(1) He shall set forth in his motion his full name, post-office address and status as a practicing attorney in such other state.

(2) He shall attach to his motion a statement, signed by his client, in which the client sets forth his post-office address and declares that he has retained the attorney to represent him in such proceeding.

(3) He shall attach to his motion a statement that unless permitted to withdraw sooner by order of the court, he will continue to represent his client in such proceeding until the final determination thereof, and that with reference to all matters incident to such proceeding, he agrees that he shall be subject to the orders and amenable to the disciplinary actions and the civil jurisdiction of the General Court of Justice in all respects as if he were a regularly admitted and licensed member of the Bar of North Carolina in good standing.

(4) He shall attach to his motion a statement to the effect that the state in which he is regularly admittd to practice grants like privileges to members of the Bar of North Carolina in good standing.

(5) He shall attach to his motion a statement to the effect that he has associated and has personally appearing with him in such proceeding an attorney who is a resident of this State and is duly and legally admitted to practice in the General Court of Justice of North Carolina, upon whom service may be had in all matters connected with such legal proceedings, with the same effect as if personally made on such foreign attorney within this State.

(6) Compliance with the foregoing requirements shall not deprive the court of the discretionary power to allow or reject the application.'

Perhaps this case demonstrates the wisdom of restrictions with respect to appearances by out-of-state attorneys in this...