Articles

One of the first cases I handled as a young lawyer was a small claims court breach of contract case in Indiana. I represented a business that sold a fax machine to a lawyer who failed to make payment for the equipment. We sued the lawyer for a whopping $1,243. Before the case was concluded, I left the Indiana law firm to move back to North Carolina. A year or so later, I was contacted by a lawyer representing my former client. He advised that the defendant lawyer had submitted into evidence a letter that appeared to be fabricated. The letter was dated December 7, 1991, and recited that he had spoken with me and that I told him to settle directly with the client for $86.   Read More +

I got an email this week from an insured who is facing a relatable and common problem for lawyers in 2024: he is in the middle of a big matter involving lots of people inside and outside his firm (clients, experts, opposing counsel, and so on) and he is just getting buried in a blizzard of email.    Read More +

Artificial Intelligence (AI) has become a buzzword in many industries, including the legal field. For paralegals, AI represents an exciting opportunity to work smarter, not harder. This guide provides an entry-level understanding of AI, introduces some popular tools like ChatGPT, Gemini, and Co-Pilot, and explores the challenges and opportunities AI presents in creating efficiencies and saving time.   Read More +

On December 7, 1970, my mom woke my brother and me up to tell us that our dad had been hit by a car and killed the night before. They had been out to dinner, and, when my dad stepped out of the car and into the street, a drunk driver hit him. I was 7 years old when this happened.   Read More +

Paralegals play a crucial role in law firms, especially solo and small firm practices, serving as the backbone that supports attorneys in managing heavy caseloads and maintaining smooth operations. Far beyond administrative tasks, paralegals are skilled professionals who conduct detailed legal research, draft essential documents, and organize case files, contributions that not only streamline workflow but also save firms significant time and resources.   Read More +

You don’t need to have a Ph.D from Slick Marketing University to understand a basic truth in running a small law firm: it is cheaper, quicker and easier to hold on to a good client than it is to find a new one. Now, I know… some practice areas have episodic engagements by nature. You don’t expect criminal or family law clients to be retained for the long term. But those practice areas do have long term referral sources and repeat clients, and a lot of what we’re going to discuss today applies there as well.   Read More +

I got a text the other day from a lawyer I know. He’s a tech-forward guy, always looking for a new and better way to do things. For the past few years, he’s been vexed by a piece of law practice that has resisted innovation: note taking.    Read More +

The legal profession is filled with complex rules and law students spend three years learning to analyze legal problems and find solutions for their client. As I learned during my internship that one of the most common claims filed against lawyers is a missing a statute of limitations – well, it intrigued me. I wondered what could be so hard about not missing a deadline. I quickly learned the difference between classroom learning and the actual practice of law. While working with Lawyers Mutual’s claims attorneys, I discovered multiple real-life situations that make dealing with a statute of limitations issue a more complex matter. This practical legal experience provided several key takeaways professionals should understand to avoid a malpractice claim.   Read More +

I grew up with some very smart siblings. Three were valedictorians and all graduated with honors in college and then earned graduate degrees. I found my successes in competitive swimming and social connection. I was not valedictorian but was bestowed with the honor of class clown in high school. Needless to say, I was not a very confident student.   Read More +

Marketing a law practice is a complicated and time-consuming bit of business. It requires a strong set of soft skills to encourage other attorneys and former clients to refer business to you repeatedly, no easy feat in a state with as many lawyers as North Carolina. On top of those soft skills, it also requires at least a modicum of tech acumen to establish and maintain some kind of digital presence that reinforces your in-person efforts.   Read More +

Emergency Video Notarization (EVN) Alert EVN expired on June 30, 2024, at 12:01 a.m. House Bill 556, which would have extended EVN until July 1, 2025, has been vetoed over a matter unrelated to notarization. Unless the General Assembly should override the veto or another legislative action is taken to extend E… Read More +

A friend recently sent me an article that cited studies showing a link between loss of smell and declining memory, cognition, and mental health. Given my keen sense of smell, this information thrilled me. However, a strong sense of smell can sometimes be a drawback. I was reminded of this on a recent beach trip when my wife and I stayed in an old-school efficiency apartment at Atlantic Beach.   Read More +

In the competitive realm of legal services, understanding client needs and continually improving service quality is essential for sustained success. Implementing a client feedback loop is a critical step in this direction. A well-designed feedback loop enables law firms to gather valuable insights, address client concerns promptly, and enhance overall client satisfaction. This article outlines a detailed process for establishing an effective client feedback loop tailored to law firms.   Read More +

In my short seven years of private practice, I handled only one divorce case. It was enough. My client was a woman who said that her husband was domineering and prone to violence. So, I was not surprised when I got a call from a sheriff’s deputy in the county in which my client’s husband lived. The deputy was calling to warn me that the man might show up at an upcoming hearing with a weapon. I called the court to let them know about the deputy’s warning.   Read More +

There’s an episode of the show Friends that I always think of whenever the topic of quitting arises. Rachel Green and Joey Tribiani are in a sailboat in one of the rivers off of Manhattan and Rachel, who learned to sail as a kid at the hands of her overbearing father, is trying to teach Joey to sail. After a little while in the boat, Rachel starts channeling her father’s crushing authoritarianism. Joey, who is not having nearly the amount of fun he expected to have learning to sail, announces, “I quit.”  Read More +

As with any new sweeping federal regulatory scheme, there are kinks to work out and questions which need clarification. This has certainly been true for the Corporate Transparency Act (“CTA”). The Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of Treasury has continued to issue new FAQ’s in response to multiple inquiries.   Read More +

I have a friend who is deeply involved in the world of what is commonly known as “awards travel”. This is the term that is given to a set of behaviors that involves strategically opening, using, and closing multiple credit cards (“churning”) that give users award or travel points in exchange for using the card. Devotees of awards travel tweak the way they use their cards to maximize the value received from their “spend” in the form of travel points.   Read More +

In North Carolina’s federal courts, local counsel are personally on the hook not only to appear in person at significant proceedings but also for Rule 11 compliance—the latter requiring either direct compliance (in the Middle and Western Districts) or indirect compliance (by ensuring that lead counsel complies with Rule 11, in the Eastern District). You cannot avoid that consequence by getting the client to agree you are not responsible for substantive matters—even though that’s still a good idea. The responsibility arises from your obligation to the court, as an officer of the court, rather than from your obligation to the client.   Read More +