Legal Opinion

Hodges v. Carter

Supreme Court of North Carolina

Decided February 24, 1954No. 21PublishedCited by 142 opinions

1Opinion of the CourtBarnhill, C. J.

This seems to be a case of first impression in this jurisdiction. At least counsel have not directed our attention to any other decision of this Court on the question here presented, and we have found none.

Ordinarily when an attorney engages in the practice of the law and contracts to prosecute an action in behalf of his client, he impliedly represents that (1) he possesses the requisite degree of learning, skill, and ability necessary to the practice of his profession and which others similarly situated ordinarily possess; (2) he will exert his best judgment in the prosecution of the…

2Cases cited7 opinions

  1. McCullough v. SullivanSupreme Court of New Jersey · 1926
  2. In Re WoodsTennessee Supreme Court · 1929
  3. Davis v. Associated Indemnity CorporationDistrict Court, M.D. Pennsylvania · 1944
  4. Great American Indemnity Co. v. DabneyCourt of Appeals of Texas · 1939
  5. Gimbel v. WaldmanNew York Supreme Court · 1943

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3Cited by142 opinions

  1. Gratton Earl Moore v. United StatesCourt of Appeals for the Third Circuit · 1970
  2. Smith v. LewisCalifornia Supreme Court · 1975
  3. Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. Rorrer v. CookeSupreme Court of North Carolina · 1985
  5. Hughes v. MaloneCourt of Appeals of Georgia · 1978

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