This was my first formal attempt to correct the growing procedural misconduct in the case, objecting to the defendants’ failure to file an answer and exposing, through emails, that opposing counsel was playing deliberate games with disclosure about new counsel. It was clear even then that they were intentionally creating procedural confusion to delay the case, and any judge reviewing the record should have recognized it.
Because the misconduct was so blatant, the defendants had not filed a responsive pleading months after the appeal to District Court, and their pending motion for an extension of time had yet to be ruled on—with their motion to strike already being pushed back to February 13—I expedited my objection and immediately scheduled a hearing for the following week in an effort to minimize further prejudice and force the issues to be addressed on record.
I also emailed the trial court coordinator that same day seeking clarification on the judge reassignment and how to proceed with my motions, making it even clearer that the delays and irregularities were already causing serious procedural confusion because I wasn’t given an answer that allowed Judge Eagles to break procedure and it was clear my motion wasn’t being taken seriously.
NC Rules of Professional Conduct Rule 4.3. Fairness to Opposing Party and Counsel
A lawyer shall not:
(a) unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value.
A lawyer shall not counsel or assist another person to do any such act;
(b) falsify evidence, counsel or assist a witness to testify falsely, counsel or assist a witness to hide or leave the jurisdiction for the purpose of being unavailable as a witness, or offer an inducement to a witness that is prohibited by law;
(c) knowingly disobey or advise a client or any other person to disobey an obligation under the rules of a tribunal, except a lawyer acting in good faith may take appropriate steps to test the validity of such an obligation;
(d) in pretrial procedure,
(3) fail to disclose evidence or information that the lawyer knew, or reasonably should have known, was subject to disclosure under applicable law, rules of procedure or evidence, or court opinions;