Public Interest Research Group on Government Fraud review: Attorney lynne weaver, north carolina 1

Raleigh, North Carolina,
Action against Lynne Weaver (North Carolina "attorney") for fraud, impersonation and the unauthorized practice of law

LYNNE WEAVER (North Carolina) FRAUD AND UPL ACTION:

STATE OF TEXAS

HARRIS COUNTY DISTRICT COURT

WORLD LAW PROCESSING LLC,

WORLDWIDE LEGAL SUPPORT SERVICES LLC, together and individually,

Plaintiff,

vs.

MARGARET L. (LYNNE) WEAVER, an individual,

Defendant.

[Margaret Lynne Weaver
Staff - - consumer protection
114 W Edenton st
Raleigh, NC [protected]
Wake county
PO box 629
Raleigh, North Carolina [protected]]

COMPLAINT FOR FRAUD; UNAUTHORIZED PRACTICE OF LAW; INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS AND/OR BENEFICIAL BUSINESS RELATIONSHIPS; WRONGFUL DISCLOSURE OF CONFIDENTIAL AND PRIVILEGED INFORMATION; AND, IMPERSONATION OF AN OFFICER OF THE COURT

Plaintiff (“Plaintiff”) hereby alleges as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff World Law Processing and Plaintiff Worldwide Legal Support Services (together and individually “Plaintiff”) are each a DE LLC with a principal place of business located in Houston, Texas.

2. Defendant Margaret L. (Lynne) Weaver (“Defendant”), an individual, is a North Carolina licensed attorney who purports to do business and act in her professional capacity in and within the State of Texas.

3. Jurisdiction and venue in this Court are proper.

STATEMENT OF FACTS

4. Defendant is employed as Assistant Attorney General in the North Carolina Department of Justice, located in Raleigh, North Carolina.

5. In or about JUNE of 2014, Defendant issued and served multiple subpoenas in the State of Texas, without a license to practice law in Texas. Said subpoenas were issued on official forms of the State of North Carolina, and under a cover letter on the stationery of the North Carolina Attorney General. The improper subpoenas issued by Defendant ordered various Texas businesses, including but not limited to United Parcel Service (UPS), to deliver information in their files regarding one of Plaintiff’s customers, Orion Processing, LLC, a Texas limited liability company.

6. Under Rule 176.4 of the Texas Rules of Civil Procedure, a subpoena may be issued by (a) the clerk of the appropriate district, county, or justice court, (b) an attorney licensed to practice in the State of Texas, or (c) an officer authorized to take depositions in Texas. Defendant falls within none of the three categories listed above.

FIRST CAUSE OF ACTION

(Fraud)

7. Paragraphs 1-6 are incorporated herein by reference.

8. Defendant made material representations to the general public, and thereby to Plaintiff’s clients and customers, that the North Carolina subpoenas that Defendant issued were lawfully issued, and were valid and effective, and compelled the parties served with such subpoenas to comply and produce to Defendant the documents requested therein.

9. The material representations were false when they were made by Defendant;

10. Defendant knew that the material representations were false, or made the material representations recklessly without any knowledge of the truth and as a positive assertion.

11. Defendant made the material representations with the intent that they should be acted upon by the persons to whom Defendants made the representations.

12. The persons to whom the material representations were made acted in reliance upon the representations.

13. Plaintiff has suffered injury and damage as the result of the actions taken by Plaintiff’s clients and customers in reliance upon these false material representations.

14. Defendant’s acts alleged above were willful, wanton, malicious and oppressive, and were undertaken with intent to defraud, and justify the awarding of exemplary and punitive damages against Defendant.

SECOND CAUSE OF ACTION

(Unauthorized Practice of Law)

15. Paragraphs 1-14 are incorporated herein by reference.

16. Defendant is a person who resides in and is licensed to practice law in another state (i.e., North Carolina) but who is not a member of the State Bar of Texas.

17. Texas Government Code Section 82.0361 set forth the legally required procedures for a nonresident attorney such as Defendant to participate in legal proceedings in the State of Texas.

18. By issuing and serving the subpoenas as alleged herein to various businesses within the State of Texas, Defendant participated in legal proceedings in the State of Texas.

19. Plaintiff is informed and believes and thereon alleges that Defendant did not comply with the provisions of Texas Government Code Section 82.0361 prior to issuance and service of the subpoenas as alleged herein.

20. By failing to abide by the applicable provisions of Texas law, Defendant engaged in the unauthorized practice of law in the State of Texas.

THIRD CAUSE OF ACTION

(Intentional Interference with Contractual Relationships and/or

Beneficial Business Relationships)

21. Paragraphs 1-20 are incorporated herein by reference.

22. Contractual relationships and/or beneficial business relationships exist between Plaintiff and its clients and customers.

23. Defendant was aware of the contractual relationships and/or beneficial business relationships that exist between Plaintiff and its clients and customers.

24. Defendant intended to induce one or more of Plaintiff’s clients and customers to breach such contractual relationships and/or beneficial business relationships.

25. Defendant engaged in such wrongful conduct through various means, including misrepresentation, fraud and violation of statute, lacking any privilege to so act.

26. Defendant’s wrongful conduct was a substantial factor in causing such contractual relationships and/or beneficial business relationships to be breached.

27. Plaintiff suffered damages as a result of Defendant’s wrongful conduct.

28. Defendant’s acts alleged above were willful, wanton, malicious and oppressive, and were undertaken with intent to defraud, and justify the awarding of exemplary and punitive damages against Defendant.

FOURTH CAUSE OF ACTION

(Wrongful Disclosure of Confidential and Privileged Information)

29. Paragraphs 1-28 are incorporated herein by reference.

30. At all relevant times herein, under appropriate law, Defendant owed Plaintiff a duty to keep information regarding Plaintiff’s present and prospective business relationships confidential.

31. At all relevant times herein, under appropriate law, a fiduciary relationship existed between Plaintiff and Defendant regarding Plaintiff’s present and prospective business relationships.

32. Defendant breached said duties by issuing and serving subpoenas as alleged herein.

FIFTH CAUSE OF ACTION

(Impersonation of an Officer of the Court)

33. Paragraphs 1-32 are incorporated herein by reference.

34. By issuance and service of the subpoenas as alleged herein, Defendant has impersonated a public servant of the State of Texas with intent to induce another to submit to her pretended official authority or to rely on her pretended official acts.

35. In so acting, Defendant has violated Texas Penal Code Section 37.11.

WHEREFORE, Plaintiff requests that this Court:

1. Award Plaintiff damages against Defendant, in an amount according to proof;

2. Award Plaintiff punitive damages against Defendant, in an amount according to proof;

3. Award Plaintiff its attorney’s fees, costs, and expenses; and,

4. Grant such further relief as this Court deems just and proper

PLAINTIFF: WLP LLC, WLSS LLC

Date: January 10, 2017