R. Hayes Hofler, III

Email:  hayeshofler@hoflerlaw.com

Phone:  (919) 682-9663

Fax:  (919) 682-2016



  • University of Virginia School of Law, Charlottesville,
    VA Doctor of Jurisprudence, 1974
  • Wake Forest University, Winston Salem, NC,
    Bachelor of Arts, cum laude, 1968

Military Service:

  • Sergeant (E-5), First Battalion, Third Infantry (“The Old Guard”), 1968-1970

Bar Admissions:

  • North Carolina, 1974
  • U.S. Court of Appeals 4th Circuit, 1974
  • U.S. District Court Eastern District of North Carolina, 1974
  • U.S. District Court Middle District of North Carolina, 1974
  • U.S. Supreme Court, 1979
  • U.S. District Court Western District of North Carolina, 1993

Areas Of Practice:


Business & Commercial Litigation – injury or damage arising from breach of contract, business fraud, breach of fiduciary duty, unfair competition; including shareholder derivative suits, contested state receiverships, federal bankruptcy adversary proceedings

Personal Injury or Wrongful Death – caused by negligent or reckless conduct of individuals or corporate entities in the areas of: vehicular collisions, premises slip & fall, other premises liability, recreational liability, ski and other resort liability

Products Liability – against manufacturers, distributors, and retailers for negligence, reckless conduct, and/or breach of warranty in the manufacture and distribution of defective or dangerous products

Probate and Estate Litigation – injury or damage arising from broken wills or trusts, violation of breach of fiduciary duty, negligence or reckless conduct of fiduciaries or other interested parties 

Building and Construction Litigationrepresenting homeowners, landowners, general contractors, sub-contractors; defense or prosecution of unworkmanlike conduct, breach of construction contracts, negligent construction, fraud or unfair or deceptive trade practices

Family Law – mediation or trial of large estate equitable distribution of marital assets, spousal support, difficult child custody cases (for which family counseling and mediation is always recommended, with trial as a very last resort)


Martindale-Hubbell Av Preeminent Rating1984-present; Martindale-Hubbell Bar Register of Preeminent Lawyers 1999-Present; American Association for Justice; North Carolina Advocates for Justice; Federal Bar Association; North Carolina Bar Association; ;North Carolina State Bar; Civil Trial Advocate, National Board of Trial Advocacy; Advocate, National College of Advocacy; NCBA-Appellate Rules Committee-helped draft recommendations to Supreme Court that led to elimination of burdensome assignments of error requirement in appeals process; Substantial, Substantive and Successful Experience in Appellant and Appellee Appeals in State and Federal Courts of Appeals since 1974

Selected Reported Appellate and Federal Cases:

Starkey Paint Co., Inc. v. Springfield Life Ins. Co., Inc.,

24 N.C.App. 507, 211 S.E.2d 498 (1975)

  • Seeman Printery, Inc. v. Schinan,

34 N.C.App. 637, 239 S.E.2d 744 (1977)

  • Hart v. Warren,

46 N.C.App. 672, 266 S.E.2d 53 (1980)

  • Norwood v. Sherwin-Williams Co.,

303 N.C. 462, 279 S.E.2d 559 (1981)

  • North Carolina Nat. Bank v. Robinson,

78 N.C.App. 1, 336 S.E.2d 666, 42 UCC Rep. Serv. 579 (1985)

  • Nationwide Mut. Ins. Co. v. Massey,

82 N.C.App. 448, 346 S.E.2d 268 (1986)

  • Meade v. Meade,

812 F.2d 1473 (U.S. Court of Appeals, 4th Cir. 1987)

  • D. W. Ward Const. Co., Inc. v. Adams,

90 N.C.App. 241, 368 S.E.2d 31 (1988)

  • Electric Supply Co. v. Swain Elec. Co.,

328 N.C. 651, 403 S.E.2d 291 (1991)

  • Friend-Novorska v. Novorska,

163 N.C.App. 776, 594 S.E.2d 409 (2004)

  • Strawbridge v. Sugar Mountain Resort, Inc.,

320 F.Supp.2d 425 (WDNC 2004)

  • Locklear v. Pers. County Bd. of Educ.,

2006 U.S. Dist. LEXIS 42203 (MDNC 2006)

  • Mitchell v. Norwich,

199 N.C.App. 392, 681 S.E.2d 520 (2009)

  • Curtis B. Pearson Music Company v. Everitt,

368 Fed. Appx. 450 (U.S. Court of Appeals, 4th Cir. 2010)

  • Rodgers v. Preferred Carolinas Realty, Inc.,

2015 U.S. Dist. LEXIS 85651 (EDNC 2015)