Changes to Notary Act and Rules That Affect Attorneys Now
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 +
Local Counsel in NC Federal Court: Additional Obligations
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 +
Mommy, how do you make a . . . Bar Grievance?
I have four children, and they ask the most frustrating questions sometimes. A recent selection provides a glimpse into the depraved curiosity of their little minds: “Pa, can you kill someone for stealing a scooter?” “Mommy, why aren’t you as smart as Aunt Tracy?” &l… 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 +
Time for a GAL Checkup
Guardian ad Litems risk management tips. Read More +
Estate Administration Traps
Examples of common estate planning errors. Read More +
Estate Planning Traps
Common estate planning errors Lawyers Mutual is seeing and how to avoid them. Read More +
Avoiding Equitable Distribution & Alimony Claims
Equitable distribution and alimony claims review. Read More +
Practice Points with Mark Scruggs: Alias or Pluries Summons – A Mistake Waiting to Happen
Preventing Alias or Pluries summonses mistakes. Read More +
Practice Points with Mark Scruggs: The Trustee’s Duty of Neutrality
Do you ever serve as trustee of a client’s trust? Read More +
Practice Points with Mark Scruggs: Conflicts and Confidentiality – the Bane of an Estates Lawyer
Practice Points with Mark Scruggs - Conflicts and Confidentiality Read More +
First Ever OCR Settlement of Enforcement Action Against HIPAA Business Associate Due to PHI Breach - $650,000 Monetary Resolution Payment
Warning for attorneys advising clients regarding HIPAA business associate agreements. Read More +
Attorneys, Check Your Consumer Demand Letters!
Suggestions, from case law, to help attorney demand letters not run afoul of FDCPA standards. Read More +
Help for Your Next Military Divorce Case
Resources for those handling a domestic case involving military personnel. Read More +
The Common Interest Doctrine: Lessons on avoiding an inadvertent waiver of the attorney-client privilege.
A review at the common interest doctrine concerning communications with interested third parties and maintaining attorney-client privilege. Read More +
Assessing the Legal Capacity of Our Clients
Tips for discerning diminished capacity when it is not immediately evident. Read More +
Handling Copyright Disputes in Digital Media: The Digital Millennium Copyright Act in Practice
Tips for managing a DMCA dispute claim. Read More +
Uninsured and Underinsured Motorist Insurance Claims – Common Errors
Tips to avoid common traps in UM/UIM claims. Read More +
Third-Party Litigation Financing and Ethical Traps for the Unwary Lawyer
Dangers associated with third-party financing of litigation cases. Read More +
Practicing Law in a Post-Marriage Equality North Carolina: Issues Spotting for the Non-Family Law Practitioner
North Carolina’s constitutional ban on same sex marriage, Amendment One, was struck down on October 10, 2014 by Judge Cogburn in Gen. Synod of the United Church of Christ v. Resinger. 12 F. Supp. 3d 790, 791 (W.D.N.C. 2014). Not a full year later, after working its way to the Supreme Court, Obergefell v. … Read More +