Posts by molliermd

Lacking the Capacity to Proceed to Trial Because of a Mental Illness

Posted on Apr 10, 2017 in Blog Post

Mental illness is something I deal with as a criminal defense attorney almost every day. Many of my clients are dealing with some form of mental illness. People with mental illnesses are coming into contact with the criminal justice system throughout the country. The first area we look at if a defendant has significant mental illness is capacity to proceed to trial. Under North Carolina law, a defendant lacks the capacity to proceed to trial if by reason of a mental illness or defect he or she is unable to understand the nature and object of the proceedings, comprehend his or her situation...

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Reflections on the Practice

Posted on Apr 6, 2017 in Blog Post

In keeping with the expected amenities of professional conduct, the care and handling of our clients’ cases is the sharpest of two-edge swords. We depend upon our clients for our livelihood and for the ability to continue our practice. Conversely, our clients depend upon us for service and direction in the legal matters which have been entrusted to us. Our reputation rises or falls upon the clients’ satisfaction with the results achieved.   We should renew our pledge to treat each client matter as our most important case. Oftentimes, for the client, it truly...

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North Carolina’s Contact Rule

Posted on Apr 3, 2017 in Blog Post

Did you know North Carolina has a “contact” rule? If you are run off the road by another driver and your vehicles do not come into contact with one another, you may be out of luck as far as getting your harms and losses paid for. North Carolina law requires, in the case where the other driver does not stop and cannot be identified, that there be actual contact between the vehicles before your uninsured motorist coverage will apply. Although NC law requires liability insurance, the reality is many drivers on the road lack liability insurance to pay for harm they may cause. Fortunately, since...

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Things I Wish My Clients Had Done After Their Wreck

Posted on Mar 30, 2017 in Blog Post

In virtually every wreck case there is property damage, though thankfully there is not always anyone injured. Whether people are hurt or only property is damaged, not everyone knows what to do in the event of a wreck, though, so I thought I would try to provide a little guidance in the form of a “Things I Wish My Clients Had Done” list. So here goes: Unless Otherwise Instructed, Do Not Move The Vehicles. Even if instructed to do so, make sure you take pictures with your cell phone or otherwise first. (see also #2). Take Pictures. Take pictures of your vehicle, the other vehicle(s) involved,...

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Sharing Learned Experience

Posted on Mar 30, 2017 in Blog Post

I have been spending a lot of time this year speaking and teaching. On January 27, 2017, I spoke at a continuing legal education (CLE) seminar at the request of the North Carolina Advocates for Justice (NCAJ), more specifically from Noah Abrams, an outstanding attorney in Raleigh. Two weeks later, on February 10, 2017, I co-chaired a CLE seminar entitled “Advanced Personal Injury II”, designed for experienced attorneys, for the NCAJ along with attorney Adrienne Blocker, form Durham. (It was “Advanced Personal Injury II” because we had chaired “Advanced Personal Injury I “back in 2014.) Then...

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