Common Errors in Litigation Claims
In 2021, litigation errors constituted one-third of all the claims reported to Lawyers Mutual. Plaintiff’s Personal Injury, under the litigation umbrella, constituted the single practice area with the most reported claims. Missed deadlines breed the most errors. The lack of a good calendari… Read More +
Duty to Report: Don’t Be an Ostrich
We have all heard the saying, “Don’t bury your head in the sand.” It was once believed that ostriches buried their heads in the sand to avoid predators. The theory was that ostriches were so simple-minded that they thought that, if they couldn’t see their predators, then their pred… Read More +
Ethics Review
2021 STATE BAR ETHICS OPINIONS The North Carolina State Bar adopted six new ethics opinions in 2021. These opinions cover a range of topics, including issues that are a regular source of calls to Lawyers Mutual: 2019 FEO 4 – Communications with Judicial Officials (adopted July 2021) This r… Read More +
Here’s to Practicing Law Like a Beginner
There is something to be said for practicing law like a beginner, regardless of how long you have actually been doing it. Unfortunately, some of us take a different path. Read More +
Trust Accounting - State Bar Audit ID’s Common Rule Violations
Trust accounting problems are common violation of NC Bar rules. The random audits conducted by the NC State Bar in the first quarter of this year identified the most prevalent. Read More +
Affordable Housing Payoff Issues
There are various public entities that provide down payment and loan assistance to first time home purchasers which help many folks achieve the American Dream of home ownership. However, when those purchasers later want to refinance or sell their home, there can be issues involving the payoff of the public entity’s secured liens against the realty. Read More +
Disclosing a Mistake to Your Client
Even the most knowledgeable and conscientious attorneys may sometimes make a mistake in representing their clients. Many mistakes are minor and do not adversely affect the client’s case. Read More +
How Not to Treat Your Clients
Here is a little story about how not to treat your clients. This tale is true, though the names have been changed to protect the ridiculous. For anonymity’s sake, the two main characters will be referred to merely as “I” and “Some Sales Guy for a Telecommunications Company That Might or… Read More +
There's a Caveat - Responding to Requests For Your Estate File
If the calls we receive at Lawyers Mutual are any indication, there has been a significant increase in estate litigation in recent years. A consequence of all that litigation is that estate planning attorneys are regularly receiving requests for their client files. The request may take the form of an informal p… Read More +
Appellate Practice for Trial Work
A trial lawyer recently described appellate practice to me as “a lot of rules and timelines” that are “really complicated.” The good news is there are lawyers who enjoy appellate practice. The better news is if you are a trial lawyer, you do not have to know all the intricaci… Read More +
Practice Points with Mark Scruggs
Rule 3 – Delayed Service of Complaint - It’s the Summons that Counts! Last month, I wrote about Williams v. Jennette and using Rule 6(b) to enlarge the time for filing the complaint that was filed using the Rule 3 “Delayed Service of Complaint” process. Today, I would like to take a ste… Read More +
Finding Your Law Power in a Pandemic
“Never let a good crisis go to waste.” For a mighty boost to your Law Life, add the above words to your firm’s mission statement. The precise origin of the quote is unclear. It has been attributed to Winston Churchill, Homer Simpson, and Chicago Cubs president Jed Hoyer. One undeniable … Read More +
Practice Points with Mark Scruggs
When it comes to Equitable Distribution, Complaint, Counterclaim, or Motion – It's Your Choice A few months ago, I received a call from an insured asking for help. She represented a party in a domestic case. She decided to file a motion in the cause for equitable distribution for several reasons instead … Read More +
Help! The North Carolina State Bar Opened a Grievance Against Me. What Do I Do?
First, you need to understand how grievances are started at the North Carolina State Bar. Almost anything can trigger the opening of a grievance at the North Carolina State Bar, but typically someone submits a complaint. And while a complaint usually comes from a client or former client, it can really come fro… Read More +
Understanding the LM Financial Fraud Exclusionary Endorsement in Your LM Professional Liability Insurance Policy
Wire Fraud losses continue to plague real estate transactions, resulting in millions of dollars of losses around the country. The most common scenario is the buyer receiving altered wiring instructions. The State Bar is now holding the closing attorney accountable for this loss even though the closing attorney … Read More +
Real Estate Practitioners: Let’s Go Over This One More Time
Real Estate related wire fraud in North Carolina has been going on now for at least six years. Yet, both Lawyers Mutual and the State Bar are still seeing claims and grievances arising from wire fraud attacks which could have been avoided if the attorneys had followed the risk management advice of the Bar, Lawy… Read More +
Practice Points with Mark Scruggs
Extending Time for Filing Under a Rule 3 Application and Order Extending Time to File Complaint. I came across the case of Williams v. Jennette recently and found once again the law is not what I think it is. Maybe this case will help you out of a tight spot one day. Plaintiffs commenced their suit on O… Read More +
Ever Evolving Cyber Insurance
Cyber Insurance is likely still in its infancy, but it’s safe to say that the honeymoon is over and the volatility stage is at hand. Cyber risks are increasing and Cyber Insurance must grow and change to meet the threat. Here are some of the changes I am seeing as I assist clients with their C… Read More +
The Dog in the File Cabinet
One day a lawyer heard barking sounds coming from his file cabinet. Opening it, he was surprised to find a pack of dogs living inside. Some were newborn puppies. Others were full-grown Mastiffs and Great Danes. All were yapping, snarling and howling. The racket would have driven even saintly Cesar Millan to th… Read More +
Law Lessons from Shoeless Joe’s Last Ballgame
Law Lessons from Shoeless Joe’s Last Ballgame Read More +
