E. Fitzgerald Parnell, III

One Wachovia Center

301 South College St., Suite 2300

Charlotte, NC 28202

Direct: 704.342.5252

Fax: 704.342.5264

parnell@poynerspruill.com

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Areas of Practice

Professional Malpractice Defense, White Collar Defense and Government Investigations, Civil Trial and Appellate Practice, Municipal Representation

Education

J.D., University of North Carolina, 1973

B.S., (Engineering) North Carolina State University, 1969

Profile

Jerry Parnell is a Past President of the North Carolina State Bar, a Fellow of the American Bar Foundation and concentrates his practice in professional malpractice defense, white collar crime, government investigations, and municipal representation. In more than thirty years of practice he has been involved in a wide array of civil and criminal cases throughout the western half of North Carolina, in the Fourth Circuit Court of Appeals and in the appellate courts of North Carolina.

After graduation from the University of North Carolina School of Law, Jerry served as law clerk to Chief Justice William H. Bobbitt of the North Carolina Supreme Court and as an Assistant United States Attorney for the Western District of North Carolina. He was a founder and chairman of the North Carolina Federal Bar Advisory Council, a founder of the Chief Justice’s Commission on Professionalism, he is a founding member of the North Carolina Equal Access to Justice Commission, and is a permanent member of the Fourth Circuit Judicial Conference, a member of the Southern Conference of Bar Presidents and the National Conference of Bar Presidents. He has served as a member of the Standing Committee on Ethics and Professional Responsibility of the American Bar Association, and currently serves on the Boards of  Legal Services of Southern Piedmont, the Community Defender for the Western District of North Carolina, and the North Carolina Association of Defense Attorneys. Jerry represents North Carolina attorneys in the House of Delegates of the American Bar Association and serves on the ABA's Nominating Committee and on the Steering Committee of the Nominating Committee.

In addition to serving as President of the North Carolina State Bar, Jerry chaired its Ethics, Professionalism, Executive, Publications and Ethics 2000 Committees. He is a frequent writer and continuing education speaker in the fields of civil practice and professional responsibility.

Recent Cases of Note

Carlisle v. Keith,  169 N.C. App. 674, 614 S.E.2d 542 (2005)

  • a case that established statutes of limitation in certain types of legal malpractice issues.

Hahne v. Hanzel, 161 N.C. App. 494, 588 S.E.2d 915, petition for discretionary review denied, 2004 N.C. LEXIS 699 (2004)

  • a decision affirming summary judgment on behalf of a lawyer in a legal malpractice action arising from a securities claim.

Belk v. Cheshire, 159 N.C. App. 325, 583 S.E.2d 700 (2003)

  • a case affirming summary judgment in favor of a lawyer establishing the elements of a legal malpractice action arising from criminal defense.

Mabry v. Huneycutt, 149 N.C. App. 630, 562 S.E.2d 292 (2002)

  • establishing an extension of the applicable statute of limitations.

Bolton v. Crone, 162 N.C. App. 171, 589 S.E.2d 915 (2004)

  • affirming summary judgment in favor of a lawyer in a real estate-transaction malpractice action.

In Re: Grand Jury Subpoena Under Seal, 175 F.3d 332 (4th Cir. 1999)

  • the first reported decision in the Fourth Circuit affirming the quashing of a Federal Grand Jury Subpoena.

State v. Buckner, 351 N.C. 401, 527 S.E.2d 307 (2000)

  • a death penalty post-conviction case establishing the right to discovery orders in such cases.

United States v. Rudisill, 2000 U.S. App. LEXIS 10380 (4th Cir. 2000)

  • an appointed criminal case in which the trial court’s erroneous sentence following a guilty plea was reversed.

Professional/Community Activities

Fellow of the American Bar Foundation

North Carolina State Bar

  • President, 2001 – 2002
  • President Elect, 2000 – 2001
  • Vice-President, 1999 – 2000
  • Chairman, Executive, Ethics, Ethics 2000, Professionalism, and Publications Committees
  • Member, Nominating Committee, 2002 2008

American Bar Association

  • Member, House of Delegates, 2004 – present; the State Delegate and Member, Nominating Committee, 2006 – present; Steering Committee of the Nominating Committee, 2007 – present
  • Member, Standing Committee on Ethics and Professional Responsibility, 2002 – 2005
  • Criminal Justice, Litigation, Tort, Trial, and Insurance Practice Sections

Moderator, Permanent Judicial Commission, The Presbytery of Charlotte

The Fourth Circuit Judicial Conference, permanent member

National Conference of Bar Presidents

Southern Conference of Bar Presidents

North Carolina Association of Defense Attorneys, Board Member 2006 – Present

Chief Justice's Commission on Professionalism, Founding Member, 1997 – 2002

North Carolina Equal Access to Justice Commission, Founding Member, Treasurer

North Carolina Federal Bar Advisory Council, Founding Member and Chairman

Board of Directors, Legal Services of Southern Piedmont

Board of Directors, Federal Defenders of Western North Carolina, Inc., Founding Member, Treasurer

The Judicial Response Committee of the Chief Justice's Commission on Professionalism, Founding Member

Notable Accomplishments

Ranked among Law & Politics magazine's North Carolina “Super Lawyers”, 2006 – 2008 and in “Top 100 Super Lawyers” (Professional Liability Defense), 2006

Recognized in The Best Lawyers in America® for Criminal Defense, 2001 – 2008, and Legal Malpractice Law, 2007 - 2008

Recognized in Business North Carolina Magazine's "Legal Elite"  (Criminal Defense), 2006

Publications

Co-author, “The Law of Attorney Professional Liability in North Carolina,” The Defender, Summer 2007

North Carolina State Bar Journal

  • "Talking Past Each Other," Fall 2002
  • "Tedium, More Tedium," Summer 2002
  • "These Boring Rules," Spring 2002
  • "An Interview with Our New President," Winter 2001
  • "M.D.P., What If We Do Nothing?" Fall 2000
  • "Want to Avoid a Grievance, No Problem," Fall 1998
  • "What to Do with a Lying Client," Winter 1997
  • "Technology and Young Trial Lawyers – A Contrary View," Spring 1997

Prior Legal Experience

Assistant United States Attorney, Western District of North Carolina, 1980 – 1982

Law Clerk to Chief Justice William H. Bobbitt, North Carolina Supreme Court, 1973 – 1974

Jurisdictions Licensed

North Carolina (all state and federal courts), United States Court of Appeals for the Fourth Circuit, United States Supreme Court