Lawsuit filed: May 2018, in progress…
The NC State Bar (the agency that licenses attorneys in NC) is suing the nation’s leading Vaccine Rights attorney, Alan Phillips, in what can only be described as a classic “witch hunt” designed from the start to take Phillips’ license. As Phillips works with clients, attorneys, legislators and activists nationally concerning vaccine exemption law and rights, and as North Carolina is known as “Vaccine Central” in the pharmaceutical industry, the reason for the attack is clear.
A more detailed version of the story, and links to petitions and a legal defense fund are at https://BarWatchOnline.org, but in brief:
1. A “troll” filed a false complaint against Attorney Phillips to the NC Bar in the summer of 2016. In early 2017, the Bar sent Phillips a “Letter of Waring” with “facts” directly contradicting the evidence. The Letter was not formal discipine, and Phillips was unable to challenge its findings.
2. The troll filed a 2nd false complaint in May of 2017. The NC Bar opened a 2nd investigation despite no “allegation of misconduct” as required by law (the Bar didn’t even accuse Phillips of doing anything wrong!). The Bar demanded that Phillips hand over 100’s of private client files to see if Phillips had done anything wrong. As this would be an unlawful “fishing expedition” and violate the clients’ confidential attorney-client information, Phillips refused.
3. Instead of (unlawfully) suspending Phillips’ license for not cooperating, the Bar filed a lawsuit in May 2018 seeking an order requiring Phillips to turn over 100’s of client files. If the court enters such and order and Phillips refuses, he could be jailed for civil contempt.
4. Meanwhile, Phillips’ own preliminary investigation found several other NC attorneys claiming discipline, including disbarment, by t he NC Bar based on false facts. As Phillips has proof the NC Bar invented facts and law to use against him, he find these other claims credible, and believes there is probably a years-long pattern of behavior.
5. NC attorney ethical rules require attorneys to report serious misconduct of other NC attorneys. So, Phillips filed a complaint against NC Bar attorneys in Sept 2018, an amended complaint in Dec 2018, and a supplemental complaint in Mar 2019. The Bar attorneys cannot, of course, assess or investigate complaints against themselves, but that’s exactly what they’ve done.
6. Phillips’ complaints against NC Bar attorneys are supported by legal analyses from 2 independent legal experts in NC and CA.
7. Meanwhile, Internet posts contained sufficient information to support independent complaints against NC Bar attorneys, and several organizations filed such complaints. The NC Bar attorneys are illegally suppressing these complaints, too.
8 A letter from the top NC Bar attorney demonstrating misconduct is posted at https://BarWatchOnline.org. This short, one-paragraph letter is followed by a listing of multiple violations contained in the letter itself (scroll down below the letter). While this does not prove the many other allegations, it does prove the Bar’s willingness to arbitrarily invent facts and law, which is most disturbing.
8. Meanwhile, about 270 of Phillips’ former clients are seeking representation to intervene in the lawsuit. This would make them a party in the suit, enabling them to formally object to their files being turned over to the Bar.
9. It’s been almost 2 ½ years since the Bar first began investigating Phillips, and no actual discipline has been imposed.
See the full story at https://BarWatchOnline.org, or
E-mail Attorney Phillips:
1. January 22, 2019
(a) A hearing on 4 motions is scheduled for February 7, 2019. All motions turn on whether the court acknowledges the Bar’s conflict of interest. The Bar attorneys can’t prosecute a case against Phillips when Phillips (and others) have outstanding complaints against them concerning matters directly related to the lawsuit; they must obtain outside counsel. So, the court will effectively determine whether the Bar is above the law.
(b) Phillips and the client group are seeking representation. However, no NC attorneys are, so far, willing to go up against the Bar that licenses them.
(c) The Bar attorneys continue to ignore their conflict of interest (due to outstanding complaints against them) and their illegal pursuit of the current investigation and lawsuit (there being no allegation of misconduct), suggesting a retaliatory motive for their actions.