Legal Opinion · Concurrence

Allied Environmental v. Dept. of Env.

Court of Appeals of North Carolina

Decided November 20, 2007No. COA06-1148Published

1ConcurrenceStroud, Judge

I would also reverse the order of the superior court affirming the Final Order of Dismissal, but on different grounds, because I believe the majority, perhaps inadvertently, permits the unauthorized practice of law by a corporation, in violation of N.C. Gen.Stat. § 84-5 (2005).

The majority opinion defines the issue as "whether the term `representative' is limited to attorneys or whether it is broad enough to include non-attorney agents." I believe the issue is whether the North Carolina Administrative Code (N.C.A.C.) can create an exception to N.C. Gen.Stat. § 84-5 and N.C. Gen. Stat. §…

2Cases cited6 opinions

  1. North Carolina National Bank v. Virginia Carolina BuildersSupreme Court of North Carolina · 1983
  2. Lexis-Nexis v. Travishan Corp.Court of Appeals of North Carolina · 2002
  3. Gardner v. North Carolina State BarSupreme Court of North Carolina · 1986
  4. Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural ResourcesSupreme Court of North Carolina · 1993
  5. Duke Power Co. v. DanielsCourt of Appeals of North Carolina · 1987

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