In Re Braun

352 N.C. 327, 531 S.E.2d 213 (2000)

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Nature of the Case

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Facts

P, 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 the District of Columbia by reciprocity in 1991. In November 1991, P went into business for herself as a co-owner and operator of a restaurant business known as Harvest Moon Cafe & Catering. D operated Harvest Moon Cafe as a partnership, sole proprietorship, or corporation from November 1991 until November 1996. In November 1996, D moved from Buffalo, New York, to Charlotte, North Carolina. On 5 December 1996, P applied for admission to the North Carolina Bar by comity. P had to prove she was duly licensed to practice law in another state having comity with North Carolina, and that while so licensed therein, she has 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. The only legal work P performed during that time was for Harvest Moon Cafe. P was not paid for her law-related activities for Harvest Moon which consisted of 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. P did not maintain a legal office separate and apart from her restaurant business and 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. P did not maintain professional malpractice insurance. P did not attend any CLE. D ordered that her comity application be denied. P requested a de novo hearing before the full Board. D denied the comity application concluding that P 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). D denied the application on the grounds of character and general fitness. P appealed to the Superior Court, Wake County. The trial court entered an order affirming the decision of D. P appealed.