Mark Scruggs

Don’t let affirmative defenses that you deem meritless remain in the Answer and a part of the case.  Read More

One of the most common errors we see at Lawyers Mutual is the failure to sue the right defendant before the statute of limitations expires.  Read More

Practice Points with Mark Scruggs - Conflicts and Confidentiality Read More

When you get that call from an out-of-state attorney asking you to serve as local counsel, consider the risks. You might think that being local counsel is a ministerial act or duty; something necessary for the out-of-state lawyer to obtain admission pro hac vice to represent his or her client in a North Carolina court. Read More

Have you ever wondered about this as you approached the statute of limitations for filing a personal injury action: Is the statute of limitations counted in days or years? At Lawyers Mutual, we get this question occasionally. I think we intuitively know the answer, but anxiety might prompt the question. Especia… Read More

Today’s practice point is on Rule 36 Request for Admissions. Not a month goes by that we don’t have an insured call to report that they’ve missed the deadline for responding to a Request for Admissions. That’s bad because if a Request for Admissions is not timely responded to, the reques… Read More

Have you ever given oral notice in open court of your client’s voluntary dismissal without prejudice and then followed up with a written dismissal filed with the court? If so, were you aware that your one-year re-filing period under Rule 41 began to run from the date you gave oral notice in open court &n… Read More

Today's practice point is on Uninsured Motorist claims. Now that’s uninsured motorist claims as opposed to underinsured motorist claims. There’s a big difference in the kind of notice you have to give the insurer in each situation. Practice Point number 1: Although you do not have to name the UM in… Read More

As the Bar Exam looms, we begin anticipating an influx of newly minted lawyers, many of them courtroom bound. As a former practicing litigation attorney, I would like to offer my top tips for newly minted lawyers, especially those who aspire to courthouse and courtroom practice. Tip #1 – Find a mentor. I… Read More

Hypothetical: You represent an individual in a personal injury case. The tortfeasor died six months after the accident. He had a minimum limits policy, but there are significant assets in his estate. Your client’s medical bills alone exceed the policy limits of the other tortfeasor’s liability polic… Read More

A recent case out of the North Carolina Court of Appeals underscores the importance of keeping a summons alive until you are sure you have valid service on the defendant, or until you have received an answer that does not include service-related defenses and the time for amending the answer as a matter of cours… Read More

Insight into the benefits of arbitrating fee disputes and how to properly address this in engagement letters. Read More

At Lawyers Mutual, we are often asked whether we have a sample conflict of interest waiver the caller can use. Our reply is always “no,” because a conflict of interest waiver is highly specific. It must be tailored to the circumstances of the conflict. We can, however, give some guidance on the type… Read More

 An experienced ear. All six of us have many years of experience, both as practicing lawyers and as claims attorneys for Lawyers Mutual. We've heard and seen a lot, and chances are we can help you through a rough patch. An understanding attitude. No matter how bad or embarrassed you feel about what has … Read More

On my summer vacation, I traveled with my wife and her mother to the Emerald Isle. No, not Emerald Isle, North Carolina, but the Republic of Ireland. I would like to share a bit of our wonderful trip with you with the hope that if you have not visited this beautiful island, you will plan a trip soon. We got ou… Read More