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It’s That Time Again

Posted by on Aug 10, 2017 in Blog Post | 0 comments

The middle of Summer is upon us and the thoughts of many parents now turn to the beginning of the school year. Local stores are displaying school supplies and uniforms signaling the return to school is sooner rather than later. Summer is often, hopefully, a stress-free and flexible time of the year for parents who are co-parenting children following a separation and divorce. The start of the school year can bring up problems that require attention and planning, especially if parents want to successfully navigate the upcoming school year...

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High School Mock Trial UPDATE

Posted by on May 23, 2017 in Blog Post | 0 comments

As you may recall if you read my earlier blog on the subject, I served as a scoring juror for the North Carolina Mock Trial Regional Competition final round held in Salisbury back in February. I was quite impressed with both teams that participated in the finale, and especially impressed with the winning team, the Central Carolina Homeschoolers team. In every aspect they were sharp and well prepared, and were confident in their execution and performance. They were also fine examples of our youth, as they exhibited great sportsmanship and...

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A Wealth of Information—The Analysis of Mr. Client

Posted by on May 9, 2017 in Blog Post | 0 comments

So that blankety-blank Owner, General Contractor or Upper-tier Sub thinks he can get by without paying me does he?  I recall that my lawyer and our subcontractor association seminars have explained that I must file a lien within 120 days after I last furnished services or materials for the project—but what if it is 5:00 on day 119 after I last furnished for the project? The first thing a lien lawyer wants to know is who are the contracting parties?  Mr. Client gives the name of his owner, an “ABC Construction Co.”, who everyone in town calls...

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Summer Fun; No School, No Homework and a Move?

Posted by on May 1, 2017 in Blog Post | 0 comments

As we approach the end of the school year and the beginning of summer, it is the time when families typically relocate, if relocation is in their future. When contemplating a move, whether to the next county or across the country, parents have plenty to think about. Questions parents ask themselves include, “How do the schools rank? How close (or how far) will my new home be from family? Will my children be able to participate in the same activities?”   Will this move be worth uprooting the lives of their children?  Depending on the age of...

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Probate vs. Non-Probate

Posted by on Apr 20, 2017 in Blog Post | 0 comments

We will often get telephone calls from individuals who have been told either through a recent television program or a speaker at a seminar that it is best to avoid “probate” at all costs and recommend the establishment of a trust to avoid probate.  It may be helpful to understand what “probate” actually is. While people use the term “probate” to describe the whole process of administering an estate through the court system, the term “probate” actually refers to the procedure that is followed to file a decedent’s Will with the Clerk of Court. ...

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

Posted by on Apr 10, 2017 in Blog Post | 0 comments

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...

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Reflections on the Practice

Posted by on Apr 6, 2017 in Blog Post | 0 comments

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...

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North Carolina’s Contact Rule

Posted by on Apr 3, 2017 in Blog Post | 0 comments

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...

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Things I Wish My Clients Had Done After Their Wreck

Posted by on Mar 30, 2017 in Blog Post | 0 comments

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...

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Sharing Learned Experience

Posted by on Mar 30, 2017 in Blog Post | 0 comments

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...

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