MDRP and CRDP: A Sea Change
Is military disability retired pay divisible in divorce? Is Concurrent Disability and Retired Pay divisible? A recent administrative ruling by the Department of Defense sheds new light on dividing CRDP when there is a disability retirement and a divorce. Let’s see what the new rule is. Read More +
Requesting Files from Clients (Without Email)
There are many times you need to ask that your clients send you files. Most everyone knows how to attach files and send via email, but is there a better way? Are there a lot of files? Large files? Do the files hold sensitive information like bank records, taxes, or insurance claims? There are many ways to securely request files that will make it easier and more secure for you and your clients. And you probably have the tools to do so already! Read More +
Practice Points with Mark Scruggs: Counterclaims: Relation Back or Not?
Let me have a show of hands. Does a counterclaim relate back to the filing date of the complaint? (Raise your hand if you think so) or is the counterclaim governed by the applicable statute of limitations? (Same response). I know I’ve had this discussion with other lawyers over the years. Read More +
Future Advance Deeds of Trust - Equity Lines on Steroids
Real Estate practitioners are frequently reminded in CLEs, email blasts and newsletters of the importance of blocking and closing equity lines. Unfortunately, title insurers continue to see claims presented because proper procedure is not followed, and all too often, we are presented with subrogation demands. T… Read More +
LM Welcomes Summer Intern, Joanna Diaz
Lawyers Mutual is pleased to welcome Joanna Diaz, a 1L at Campbell University School of Law, as a summer intern. Joanna earned her undergraduate degree from the University of Central Florida. Read More +
Ukraine: Stay and Remain, Part 2
Thousands of servicemembers have been deployed in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are all heading out as part of the first-ever NATO Response Force. Undoubtedly some of the servicemembers (SMs) will be involved in civil cases, administrative legal proceedings, and family law litigation. Some of these SMs will likely ask the court to freeze the case during a deployment (or any period in which the SM is unavailable due to assigned duties), so the status quo will remain while the SM is not available. Read More +
Law Lessons From a Gamecock Fan
This is the story of a young basketball fan, a perfect season that ended in heartbreak, and a mother who kept things real. Tucked in there like a cross-hand dribble is a little message about law, life and what really matters in both. Read More +
Keeping Your Clients in the Dark
What do you think is the number one complaint clients have about their lawyers? It is not lack of knowledge or competence. It is not even dissatisfaction with the outcome of a matter or the cost to the client. A BTI Consulting Group Survey indicates that failure to keep a client adequately informed is far and above the number one complaint clients have. Read More +
Legal Deserts: A Threat to Justice in Rural North Carolina
There are 1.3 million lawyers in the United States, and 30,000 of them live in North Carolina. Nationwide, there are approximately four lawyers for every 1,000 residents, but most lawyers work in urban areas. Many rural areas of the country have few or no lawyers. Legal experts call these legal deserts. Read More +
Ukraine: Stay and Remain, Part 1
The Pentagon has deployed thousands of servicemembers in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are all heading out as part of the first-ever NATO Response Force. Read More +
The Lawyer and the Love Sandwich
This year for my birthday I gave myself the gift of hernia surgery. I cannot say it was the most fun gift ever, but still, I am grateful. Technically what I had was an Inguinal Hernia Repair – the awful name suggests the unpleasantness of the procedure – and I came away with not only a reinforced abdominal wall but also some valuable Law Lessons and the World’s Best BLT Sandwich. Here’s hoping this story will add a little brightness to Your Law Life too. Read More +
Common Errors in Real Estate-Wire Fraud Claims
Wire fraud was a problem prior to Covid-19; however, with the increase in remote work spurred by the pandemic, wire fraud has increased. Cyber-attacks have occurred in every sector of life and attorneys are not immune. In fact, real estate attorneys are a prime target for cyber criminals. Read More +
Bang for Your Buck: Getting the Most Out of Your Lawyers Mutual Policy
My millennial children like to give me a hard time for not using all the features that my new I-phone offers. I talk, text, e-mail, take pictures, search the internet, and even ask Siri for directions. But did you know you can use your iPhone as a tape measurer or set different vibrations or tones for different callers. Read More +
Practice Points with Mark Scruggs: Timely Respond to Discovery Requests or Risk Waiver of All Objections, Including Privilege!
Sometimes we lawyers take discovery deadlines lightly. So what’s the worst that can happen? Opposing counsel files a motion to compel discovery, and the Court enters an order compelling discovery? Read More +
How to Avoid the Tyranny of Choice
Here’s some free advice: if you want to make your clients happy, don’t give them too many choices. That may sound counterintuitive. After all, it’s their case. They’re the Ultimate Deciders. Your job is to supply the map, point out different routes to the destination, and let them choose. Read More +
Practice Points with Mark Scruggs: Ten Mileposts Along the Road to a Successful Representation (and Disengagement)
It has taken me 20 years to identify steps lawyers can take throughout the life of an attorney-client relationship that will help avoid grievances and malpractice claims. You can learn them in a few minutes. Here are 10 steps to help guide your journey. Read More +
De-coding the Medicare Alphabet
… what’s with all those commercials? You are forgiven if you feel teleported to the 1970s, what with the ubiquitous TV pitches by Jimmie ‘J.J.’ Walker and ‘Broadway’ Joe Namath for the Medicare Helpline. So what gives? Well, its annual open enrollment time for what’s known as Medicare Part C. Read More +
Congratulations, You’re Approved: How to Finance the Purchase of a Law Firm
Does your 2022 Strategic Plan include expanding your law firm? If so, have you thought about buying a law firm as a way of expanding your revenues, your practice areas, or your geographic footprint? One of the first questions asked is how does financing the purchase of a firm work? Read More +
The Four Laws of Minnie Minoso
This Valentine’s Day, if you’re seeking a sweet role model for your Law Life, look no further than Minnie Minoso. Saturnino Orestes Armas Miñoso – better known by baseball fans as “Mr. White Sox” or “The Cuban Comet” or just Minnie – was not only a wonder on the ballfield. He was also a trailblazer ... Read More +
The New Corporate Transparency Act and Its Potential Impact on North Carolina Commercial Real Estate Attorneys
The Corporate Transparency Act of 2019 (“CTA”)[1] was enacted January 1, 2021, as part of the Anti-Money Laundering Act of 2020 (“AMLA”), which is part of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”).[2] This article contains highlights[3] of the CTA, an outlook of regulations to come, and an alert to North Carolina attorneys of the potential impact with respect to a commercial real estate practice. Read More +