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NORTH CAROLINA

BEFORET}1E
ISCIPLINARY HEARING COMMISSION
OF THENORTH CAROLINA STATE BAR
04DHC49

WAKE COUNTYITHE NORTH CAR01JNA STATE BAR,Plaintiffv.
K. E. KRISPEN CULBERTSON, Attorney,Defendant))))}))FINDINGS OF FACT,CONSLUSIONS OF LAWAND
ORDER OF DISCIPLINE

On January 27, 2005, this matter came on to be heard befor~ a hearing committee of theDisciplinary HeEUing Commission composed of Elizabeth Bunting, Chair; t. Richard Kane; andJohJ1!1y A. Freeman. A. Root Edmonson represented the North Carolina State Bar and Jonathan
S. Dills represented the Defendant. Based upon the stipulated facts and the evidence presented atthe hearing, the hearing committee finds the following facts to be supported by clear, ,cogent and ,convincing evidence:
FINDINGS OF FACT
1. The plaintiff, the North Carolina State Bar, is a body duly organized under the laws ofNorth Carolina,and is the proper party to bring this proceeding under the authority granted it in, Chapter 84 of the General Statutes of North Carolina, and the Rules and Regulations of the NorthCarolina State Bat promulgated thereunder.

I2. The defendant, K. E. Krispen Culbertson (hereinafter, Culbertson), was admitted tothe North Carolina State Bar on March 6, 1991 and is, and was at all times referred to herein, anAttorney at Law licensed to practice in North Carolina, subject to the rules, regulations, andRules of Professional Conduct of the North Carolina State B~r and the laws of the State of North
Carolina.
3. During the times relevant to this complaint, Culbertson actively engaged in thepractice oflaw in the State of North Carolina and maintained a law offic~ in the city ofGreensboro, Guilford County, North Carolina.
4. Culbettson:'s letterhead on his law office stationery has an asterisk beside Culbertson's
name in the letterhead. Below Culbertson's name in the printed letterhead, surroUnded byparentheses, is another asterisk with the phrase "Published in Federal Reports, 3d.S'eries.;'I5. Culbertson also maintains a website. In the description of Culbertson on his website,
Culbertson ~tates: '""th]e is also one of the elite percentage ,of attorneys to be published inFederai Law Reports - the large law books that contain the controlling caselaw [sic] of theUnited States."i6. B;ecause only opinions issued by the Court are published in Federal Reports,
Culbertson's statements in his letterhead and on his website are false or misleading.
BAS~D UPON the foregoing Findings of Fact, the hearing committee makes thefollowing:

CONCLUSIONS OF LAW

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1. All parties are properly before the hearing committee and the committee has, jurisdiction over'Culbertson and the subject matter.
2. ,Culbert'son's conduct, as set out above, constitutes grounds for discipline pursuant toN.C. Gen. Stat. § 84-28(a)& (b)(2) as follows:(a) 'By using letterhead stationery that indicates that he is published in Federal Reports,• jd Series when only opinions issued by the Court are published in the Federal! Reports, Culbertson used letterhead that made a false or misleading communication• about the laWyer in violation of Revised Rules 7.1 and 7.5.
(b) '.By maintaining a website that states,that "[he] is also one of the eUte Percentage of: attorneys to be published in Federal taw Reports....., the large law books that, contain the controlling caselaw [sic] of the United States" when only opinions
issued by the Court are published in the Federal Reports, Culbertson maintained awebsite that made a false or misleading commUhication about the lawyer in· violation of Revised Rules 7.1.
BASED UPON the foregoing Findings of Fact; the Conclusions of Law, and thearguments 01 counsel, the hearing committee hereby enters the following:

IORDER OF DISCIPLINE
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1. C:uibertson's conduct warrants discipline because Culbertson's choice of themisleading language on his letterhead and websIte was intentional. However, because
Culbertson's violation of the rules was a minor violation, it warrants only an admonition. Anadmonition will accompany this order.
'2. Culbertson shaH pay the cost~ of this proc~eding as assessed by the Secretary within
ninety (90) 4ays of the date this disciplinary order is served upon hini..
Sign¢d by the chair with the consent of the other hearing committee members, thisI,.

the _day ofFebtuary 2005.

Hearing Committee.

II..

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BEFORE THE
SCIPLINARY HEARING COMMISSION
OF THENORTH CAROLINA STATE BAR
04DHC49NORTH CAROtJNA
I.WAKE COYNTYTHE NORm CAROLINA STATE BAR,Plaintiffv.
K. Eo KRIS1>BN CULBERTSON, Attorney,Defendant)))))))ADMONITIONI

On J~nuary 27, 200S, this matter came on to be heard before a hearing committee of theDIsciplinary: Hearing Commission composed of Elizabeth Bunting, Chair; T. Richard Kane; andJohnny A. Freeman. The hearing committee's Findings ofFact~ Conclusions of Law and OrderofDisciplin~ were entered on March 11, 200S.
Thehearihg committee found that you had violated some of the. Revised Rules ofProfesslonat Conduct, and ordered that you be admonished. An admonition, which is the least
serious form of discipline, is imposed in cases in Which an attorney has committed a minor
violation -brihe Rules of Professional Conduct. This document constitutes that admonition.
You bsed letterhead stationery that stated that you were "published in Federal Reports, 3rdSeries" whert only opinions 'issued by the ~ourt ate published in Federal Reports. Yourletterhead statement was a faise or misleading communication in violation of Revised Rules 7.1
and 7.S. YO\1- als~ maintained a website that stated that you Were "one of the elite percentage ofattorneys to be.published in Federal Law Reports - the large law books that contain thecontrolling c~selaw [sic] of the United States;' that also violated Revised Rule 7.1.
II

The ~earing comrnitte,e of the Disciplinary Hearing Commission hereby. admonishes you
for your professional misconduct. The hearing committee hopes that you will heed thisadmonition, that it will be remembered by you, that it will be beneficial to you, :and that you will
never again allow yourself to depart fropJ adherence to the high ethical standards of the legal
profession.
Issued this the ~ day ofiI.

rn MeA

200S.

~e..-~~.n~~iliBunting, Chai
Hearing CO.mmittee

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