North Carolina State Bar Sues
Vaccine Rights Attorney in Classic Witch Hunt
Last Updated Jan 22, 2019
filed: May 2018, in progress...
I. Quick Summary: Aug 2016 – Jan 21, 2019
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
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
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
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
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.
It's been almost 2 ½ years since the Bar first began
investigating Phillips, and no actual discipline has been imposed.
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
(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.