James Albert McLean III

Fayetteville, North Carolina
James "Trey" A. McLean, III is an attorney with the firm who concentrates his practice in the areas of complex business litigation, construction law/litigation, real estate litigation, creditor representation in bankruptcy, landlord/tenant relations and debtor/creditor relations.  Over the course of his career, Trey has litigated or is litigating matters regarding mold damage, mass financial fraud, statutory construction lien claims, federal Miller Act claims, shareholder dissents, complex business disputes, employer/employee relations, landlord/tenant disputes, the dischargeability of debts in bankruptcy, the issue of relief from the automatic debtor stay in bankruptcy, etc.  Furthermore, Trey has significant experience in a transactional practice.  Trey has participated in private financings for local companies and businesses, the purchase/sale of multimillion dollar hotel/hospitality properties, the sale of certain convenience store assets, the drafting and ultimate implementation of stock purchase agreements and asset purchase agreements, etc.

Areas of Practice

  • Complex Business Litigation
  • Construction Law/Litigation
  • Real Estate Litigation
  • Creditor Representation in Bankruptcy
  • Landlord/Tenant Relations
  • Debtor/Creditor Relations
  • Employment Law
  • Contracts
  • Federal Litigation
  • Land Use Law
  • Administrative Law
  • Corporate/Business Entity Law

Bar Admissions

  • North Carolina, 2001
  • U.S. District Court Eastern District of North Carolina, 2002
  • U.S. District Court Middle District of North Carolina, 2004
  • U.S. Bankruptcy Court Eastern District of North Carolina, 2002
  • U.S. Court of Appeals 4th Circuit, 2002
  • U.S. District Court Western District of North Carolina, 2011
  • U.S. Bankruptcy Court Western District of North Carolina
  • U.S. Supreme Court, 2014


  • University of North Carolina School of Law, Chapel Hill, North Carolina
    • J.D. - 2001
  • Duke University (Trinity College)
    • A.B. cum laude - 1998

Representative Clients

  • DeHorse v. DeHorse, 563 Fed.Appx. 226 (4th Cir. Mem) cert denied 135 S.Ct. 181 DeHorse v. DeHorse, 135 S. Ct. 181 reh'g denied, 135 S. Ct. 746, 190 L. Ed. 2d 129 (2014) (2014). 4th Circuit allowed my motion to dismiss for lack of jurisdiction and USSCt denied petition for cert and motion for rehearing
  • Showcase Realty and Const. Co. v. City of Fayetteville Bd. of Adjustment, 155 N.C. App. 548 (2002)
  • Baxley v. Jackson, 179 N.C. App. 635 (2006)
  • Rosewood Investments, LLC v. Baxley Const. Co, Inc., 179 N.C. App. 653 (2006)
  • Leasing Unlimited of Southern Pines, Inc. v. Mobley, 184 N.C. App. 188 (2007)

Professional Associations and Memberships

  • Cumberland County Bar Association
  • 12th Judicial District Bar
  • North Carolina Bar Association
  • American Bar Association
  • North Carolina Academy of Trial Lawyers
  • Golden Key Honor Society


  • Phi Alpha Delta Legal Fraternity