North Carolina Lawyers Weekly articles from March 2009

North Carolina Lawyers Weekly archives from March 2009

North Carolina Lawyers In The News: March 2, 2009.
March 2, 2009... Byline: North Carolina Lawyers Weekly Staff Briefly... Attorney Todd Roessler of Kilpatrick Stockton has been appointed as member of the board of directors for the American Shore and Beach Preservation Association. Roessler is also on...

Q&A with Forsyth County public defender Pete Clary.(North Carolina)(Interview)
March 2, 2009... Byline: Diana Smith A 1981 graduate of the Campbell University School of Law, Pete Clary serves as Forsyth County's public defender. Before taking the position in 2003, he worked as an assistant public defender in Greensboro from 1982-1991...

North Carolina State Bar ethics opinion on audits sparks debate.
March 2, 2009... Byline: Guy Loranger A proposed State Bar ethics opinion would give title insurers the green light to audit real estate trust accounts, but some practitioners are urging caution over their concerns about client confidentiality. A State...

Commentary: Gideon's trumpet could be cure for Legal Aid's blues.
March 2, 2009... Byline: Guy Loranger Legal Aid of North Carolina provides free civil legal services across the state to people whose family income falls below 125 percent of the federal poverty line. For the 3.5 million residents eligible for Legal...

North Carolina legal system leaders present budget reductions.
March 2, 2009... Byline: Guy Loranger Saying their budgets were already strained, officials from the Administrative Office of the Courts, Indigent Defense Services and the Department of Justice presented lawmakers Feb. 25 with proposals on how they could...

Christian counselors: running a faithful business in North Carolina.
March 2, 2009... Byline: Diana Smith Legal marketing specialists often suggest that lawyers become subject-matter experts in order to build a successful law practice. North Carolina attorneys Tony Hartsoe, Joe Schmitz and Matt Stockdale can appreciate...

N.C. Business Court Case Summaries: March 2, 2009.
March 2, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice Interlocutory Appeal -- Bifurcated Trial -- Damages -- Discovery Land v. Land. (Lawyers Weekly No. 09-15-0184, 11 pp.) (Ben F. Tennille, J.) N.C. Bus. Ct. Holding:...

U.S. Court of Appeals 4th Circuit Case Summaries: March 2, 2009.
March 2, 2009... Byline: North Carolina Lawyers Weekly Staff Criminal Practice Sentencing -- Amendment 706 -- Mandatory Minimums U.S. v. Hood. (Lawyers Weekly No. 09-01-0182, 21 pp.) (Niemeyer, J.) No. 08-7019, Feb. 20, 2009; USDC at Statesville....

Verdicts & Settlements March 2, 2009: Estate settles in gastric bypass case.
March 2, 2009... Byline: North Carolina Lawyers Weekly Staff The estate of a 44-year old woman who had undergone gastric bypass surgery for weight loss reached a $3.35 settlement of this medmal claim in September 2008. The patient had experienced...

Commentary: H-1B visas allow employers to import highly skilled workers.
March 9, 2009... Byline: Robert Brown With the number of skilled foreign workers growing at an extraordinary pace, more and more people are looking to come to the U.S. through employment-based immigration opportunities. One of the most common of these...

Commentary: plea with caution: criminal defense lawyers should consider effects on immigration.
March 9, 2009... Byline: W. Randall Stroud Call your malpractice carrier. You're being sued by the wife and children of a permanent resident who was just deported back to some hell-hole of a country. You told him the deferred-prosecution deal you...

Commentary: law firm coach: the great communication gap.
March 9, 2009... Byline: Cheryl J. Leone and David W. Favor The most popular course or presentation requested through Catalyst is our "Lawyers Are From Mars" series. The presentation focuses on ways to have effective communication between lawyers and...

Q&A interview with Raleigh attorney Gregg McDougal.(Kilpatrick Stockton partner)(Interview)
March 9, 2009... Byline: Diana Smith Gregg McDougal is a partner with Kilpatrick Stockton in Raleigh and has represented well-known clients including former N.C. State football coach Chuck Amato, Olympic gold medalist Marion Jones, AT&T, Golden Corral,...

Charlotte big firm leaders, analysts say decline is only in capital markets niche.
March 9, 2009... Byline: Guy Loranger Big law firm leaders and industry watchers say Charlotte is not facing a "declining demand for legal services," disputing one of the reasons given by Sonnenschein Nath & Rosenthal for its recent decision to pull out of...

Employer liable for fire sparked by employee's smoke break, rules N.C. Court of Appeals.
March 9, 2009... Byline: Guy Loranger An employee's smoke break could be hazardous to her employer's wealth exposing the company to liability for a house fire, according to a March 3 Court of Appeals ruling. In Estes v. Comstock Homebuilding Co., Inc....

North Carolina furniture-maker wins $11.2M verdict against copycat competitor.
March 9, 2009... Byline: Guy Loranger In the furniture industry, there's a fine line between drawing inspiration from another's design and infringing on a copyright. In a lawsuit filed in 2004, High Point-based Universal Furniture International, Inc.,...

Commentary: scribner's error: publicity may be bad for defendants, but defense wins are important.
March 9, 2009... Byline: Gregory Froom In Hollywood, they say all publicity is good publicity, so long as they spell your name right. Having been in legal journalism for going on eight years, I've come to the conclusion that many lawyers and litigants...

Some Charlotte lawyers turn to small firms, boutiques as city's financial sector shrinks.(North Carolina)
March 9, 2009... Byline: Austin Light A number of attorneys acknowledge a transformation in the Charlotte legal community, but not the deterioration cited in the announcement that Chicago-based Sonnenschein Nath & Rosenthal is pulling out. "A lot of...

N.C. Court of Appeals Case Summaries: March 9, 2009.
March 9, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice Rule 60 Relief -- Real Property -- Taxation -- Municipal -- Damages County of Durham v. Daye. (Lawyers Weekly No. 09-07-0189, 15 pp.) (Martha A. Geer, J.) Appealed from...

U.S. Court of Appeals 4th Circuit Case Summaries: March 9, 2009.
March 9, 2009... Byline: North Carolina Lawyers Weekly Staff Bankruptcy 'Principal Residence' --Mobile Home --Loan Modification Ennis v. Green Tree Servicing LLC. (Lawyers Weekly No. 09-01-0201, 6 pp.) (Michael, J.) No. 07-2134, Feb. 25, 2009; USBC...

Commentary: going to the bank with hat in hand.
March 16, 2009... Byline: Cheryl J. Leone and David W. Favor In every law firm, the need for capital to grow or stabilize comes up. A good strategic plan allows the creation of marketing, technology and financial plans, to name a few. If you decide you...

Commentary: practical litigator: how to play the corporate shell game to help your comp client win.(North Carolina)
March 16, 2009... Byline: Mark McGrath Probably the most common question I get from referring attorneys relates to the criteria for screening and identification of workplace-injury claims for potential third-party actions. My short answer is this: There...

Answering a call to service: NCBA volunteers provide free legal advice to 6,488 callers.(North Carolina Bar Association)
March 16, 2009... Byline: Guy Loranger With five minutes to go until the 7 a.m. start of the N.C. Bar Association's second annual statewide service day on March 6, the calls started to come in to the WRAL-TV studio in Raleigh. "It was the most beautiful...

North Carolina's bankruptcy bar is cramming for the cramdowns.
March 16, 2009... Byline: Guy Loranger The state's bankruptcy bar could get hit by a new wave of work if the U.S. Senate passes a bill that would allow federal judges to modify, or "cram down," home mortgage terms in Chapter 13 bankruptcy plans. The...

District court declines to rule on private right to education.(North Carolina)
March 16, 2009... Byline: Guy Loranger In a case raising first-impression issues, a federal district court has thrown out constitutional claims brought against the Brunswick County school board by a student who had a sexual relationship with her high school...

Non-lawyer to lawyer: forget about the code - what would you outlaw?(North Carolina)
March 16, 2009... Byline: Diana Smith I'm no lawyer, legislator or lobbyist, but like all of those folks, I've often found myself muttering, "Man, there ought to be a law against x, y or z." Usually that's when I'm stuck behind a little old couple...

North Carolina State Bar moves ahead with relocation plans.
March 16, 2009... Byline: Guy Loranger A bill that would allow the State Bar to borrow funds and lease property authority it would need to move its headquarters cleared a hurdle in the General Assembly last week. The bill, H.B. 360, received a favorable...

North Carolina Administrative Hearings: March 16, 2009.
March 16, 2009... Byline: North Carolina Lawyers Weekly Staff Environmental Clean Air Act --Administrative --Emissions Baseline --Natural Conditions U.S. Department of the Interior v. N.C. Department of Environment & Natural Resources. (Lawyers...

North Carolina Court of Appeals Unpublished Case Summaries: March 16, 2009.
March 16, 2009... Byline: North Carolina Lawyers Weekly Staff Administrative Civil Practice -- Appeals -- Subject-Matter Jurisdiction -- CON Law -- Settlement Ridge Care, Inc. v. N.C. Department of Health & Human Services. (Lawyers Weekly No....

U.S. Bankruptcy Court Case Summaries: March 16, 2009.
March 16, 2009... Byline: North Carolina Lawyers Weekly Staff Bankruptcy Proof of Claim -- Untimely Filed -- Late Notice - 'Stealth' Creditor In re Mozingo. (Lawyers Weekly No. 09-05-0218, 4 pp.) (J. Rich Leonard, J.) E.B.N.C. Holding: Even...

Commentary: law firm coach: where are your RFPs?(request for proposals)
March 23, 2009... Byline: Cheryl J. Leone and David W. Favor We candidly admit that we are penny-pinchers when it comes to controlling overhead. In the majority of law firms, we find that decisions concerning vendors and costs of purchases for anything...

Q&A interview with retiring North Carolina attorney Walter F. Brinkley.(Interview)
March 23, 2009... Byline: Diana Smith A former president of the N.C. Bar Association, Walter F. Brinkley of Brinkley Walser is retiring after 60 years of practice. The Lexington attorney and former chairman of the N.C. Board of Law Examiners was recently...

Courts, justice agencies: N.C. Governor Beverly Perdue's cuts too deep.
March 23, 2009... Byline: Guy Loranger Gov. Beverly Perdue released her $21 billion budget proposal March 17, which included a roughly $1.3 billion spending cut aimed at filling what's projected to be a large hole in the state's budget. Every branch of...

U.S. Supreme Court asked to review ruling on Medicaid reimbursement.
March 23, 2009... Byline: Guy Loranger Under federal law, states must seek reimbursement of the Medicaid assistance they provide to recipients who later recover from a third party. But reimbursement is limited to only that portion of the recovery that...

Text typed into laptop protected as work product, rules N.C. Court of Appeals.
March 23, 2009... Byline: Gregory Froom Work-product protection could be extended to verbatim snippets of text that a defense attorney keyed into her laptop while reviewing files at her opposing counsel's firm, the Court of Appeals has ruled in a...

Upgrading to Web 2.0: new era demands interaction through blogs, social networking, video.
March 23, 2009... Byline: Guy Loranger There are two basic rules behind a successful Internet marketing strategy, according to Dale Tincher. First, get people to your firm's site by using, for instance, e-mail alerts, RSS feeds and social and...

Commentary: ensure client confidentiality by attention to detail, patience.
March 30, 2009... Byline: Annette Church The Rules of Professional Conduct for North Carolina clearly presents the laws and directives which attorneys and non-lawyer assistants must comply. Two rules are of fundamental significance: Rule 1.6, which...

Commentary: law firm coach: marketing on a shoestring.
March 30, 2009... Byline: Cheryl J. Leone and David W. Favor In times of income downturn, law firms usually look to cutting costs in the area of staffing and marketing. Unfortunately, these are the two areas that will hurt you the most as you struggle to get...

Commentary: Soaring Eagles: is it a want or a need?
March 30, 2009... Byline: Cheryl Leone Since everyone else in the United States has given advice on the economy, the recession and how to make it through, I thought I should get my two cents in though, in candor, my two cents is being used to help Wall...

Commentary: need help determining if a signature is legit?(North Carolina)
March 30, 2009... Byline: Haywood Starling During the examination of documents for a particular case, paralegals and attorneys sometimes run across signatures that purport to be from the same person, yet look slightly different. In some circumstances, a...

Commentary: paralegal found her niche during high school debate - playing devil's advocate.(North Carolina)
March 30, 2009... Byline: Cyndy Adams My high school debate coach once said I had "found my niche." She told me my ability to see the black and white of an issue, extract the facts and argue my points with zeal and passion was a gift. I remember her...

Commentary: paralegal: NALA exam is tough but worth it.(National Association of Legal Assistants)(North Carolina)
March 30, 2009... Byline: Jacqueline Thurman I want to share this story in the hopes it may encourage others in the paralegal profession. When I first began working as a paralegal, I heard about [NALA]'s CLA exam. I knew it was a nationally recognized...

Commentary: letters home: paralegals help soldiers become citizens.
March 30, 2009... Byline: Staff Sgt. Kristian Hall Normally, military paralegals are not charged with the task of helping coordinate the naturalization paperwork to make fellow soldiers American citizens. It is usually handled within the administrative...

Direct examination: A Q&A interview with Charlotte sports attorney Stoke Caldwell.(Interview)
March 30, 2009... Byline: Diana Smith An attorney with Robinson, Bradshaw & Hinson in Charlotte, Stoke Caldwell is a sports lawyer with a specific focus on NASCAR and motorsports law. He has represented high-profile drivers like Dale Earnhardt Jr. and Jeff...

Advice for paralegals: bad economy can be a good time to reinvent yourself.
March 30, 2009... Byline: Diana Smith "Ride the horse in the direction it's going." That's what former paralegal administrator Chere Estrin says to paralegals when they come to her in career crises. It's job advice that applies no matter what the...

N.C. State Bar reprimands lawyer for using 'Madame Justice' nickname.
March 30, 2009... Byline: Guy Loranger In a case raising First Amendment issues, a Cary lawyer who used the moniker "Madame Justice" in her race for the N.C. Supreme Court has received a reprimand from the disciplinary wing of the State Bar. By calling...

Commentary: beware: the legal floodgates have opened.
March 30, 2009... Byline: Guy Loranger The majority's decision to review an interlocutory order in Gilbert v. The N.C. State Bar "potentially opens floodgates that should remain closed," a state Supreme Court justice warned March 20 in a dissenting opinion....

N.C. Supreme Court deadlock means no recovery for dram shop plaintiffs.
March 30, 2009... Byline: Guy Loranger Three years after the Court of Appeals held that a Durham restaurant had no duty to prevent an intoxicated patron from driving away and endangering others on the road, the Supreme Court has affirmed the ruling sort of....

Pink slip paranoia: recession worries paralegals in both Carolinas.
March 30, 2009... Byline: Diana Smith Some called it Black Thursday. Others dubbed it the legal world's version of the Valentine's Day massacre. Just two days before Cupid's annual visit, some of the country's major law firms, including four with...

When lost, attorneys find holistic law a guide.
March 30, 2009... Byline: Diana Smith Jennifer Foster was in a crisis. It was 2003, eight years after she'd graduated from the University of North Carolina School of Law. She'd been working hard. She'd served as a staff attorney for the U.S. Court...

U.S. Court of Appeals 4th Circuit Case Summaries: March 30, 2009.
March 30, 2009... Byline: North Carolina Lawyers Weekly Staff Civil Practice Personal Jurisdiction --Telephone & E- Mail Contacts Consulting Engineers Corp. v. Geometric Ltd. (Lawyers Weekly No. 09-01-0272, 14 pp.) (Duncan, J.) No. 07-1453, March...