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 from anyone: an opposing party, a client’s spouse or relative, an opposing counsel, a judge, or even just someone with an unhealthy obsession with you. There is no “standing” requirement. Read More +
On Boating and Hiring Lawyers
I did not grow up in a boat family, but my wife did. They had a little Boston Whaler that they trailered to the Chesapeake on the weekends and used for water skiing, crabbing, and otherwise doing fun summer stuff on the water. The photos from that time look amazing, and they all reminisce about how fun those days were. But one day when my wife and her folks were reliving some fun boating memory, my father-in-law pulled me aside and told me: “the two best days in a boat owner’s life are the day you buy the boat and the day you sell it.” Read More +
The Lawyer Who Found Instant Karma
Next time someone tells you “No good deed goes unpunished,” don’t believe them. The truth is, no good deed goes unrewarded, although the payoff might not occur until later – maybe years or decades later – and in a way you never imagined. Read More +
Chasing the Tail of Happiness
Happiness is a hot topic in the self-help world. There are more than 20,000 books that have been published with “happiness” in the title. An entire industry has been built around the goal of happiness. But do we even know what we mean when we say we want to be happy, and should it be our ultimate goal? I would suggest that there is something far greater than simple happiness. That something is the concept of well-being. Read More +
Law Lessons from Spring Training 2023
Just back from my 2023 Spring Training baseball tour with exciting news to report on chili slaw-dogs, Shohei Ohtani and the privilege of pressure. Not to mention the Pitch Clock – the biggest rules change in Major League Baseball since the Designated Hitter. Plus the marvelous World Baseball Classic, which was just getting underway as I wrapped up my most recent visit to MLB training camps in south Florida. Read More +
Do You To Do?
I was mad at Microsoft for a pretty long time. I am finally over it (mostly). To understand why, you must first know that I spent an absurd amount of time and energy looking for the perfect task management program. I tried, almost literally, everything I could find. No kidding, I probably cycled through … Read More +
Trust Accounts and Bank Failures: What You Need to Know
Recent bank failures have caused concerns for lawyers holding client funds in their trust accounts. Many of our insureds have contacted Lawyers Mutual to ask questions about their ethical and malpractice exposure and any steps that they can take to protect themselves and their clients. Read More +
Confessions of a JD Neat Freak
I must confess to being a bit of a neat freak about my home and workspace. I believe the benefits of orderliness – knowing where things are, not wasting hours looking for what you need, having a comfortable landing pad after another hard day on planet earth – outweigh the modest cost in time and ef… Read More +
Recovering from Mistakes
There exists in the legal profession an unrealistic expectation of perfection. I say unrealistic because I have not yet met a lawyer who has not made a mistake at some point in his or her career. The best lawyers make mistakes. If you practice long enough, you will make a mistake. This does not mean that you ar… Read More +
Tech Tips For eFiling In North Carolina
The pilot for the eCourts launch in North Carolina went live on February 13 in Wake, Lee, Harnett, and Johnston counties. There are several components of the eCourts system. Tyler Technologys’ Odyssey is the integrated suite of products for attorneys, court personnel and the public that will replace 40+ legacy systems for eFiling, financial management, and document management for all case types. This integrated system is called the Odyssey Integrated Case Management System (ICMS). Read More +
Preparing for an Economic Downturn: Part 3: Identify Unprofitable Clients and Services
There was a time when I was a little bit obsessed with productivity books. (That time was known as my entire adult life up to and including today.) I don’t know why, but I love them. All evidence to the contrary, I always feel like I am one good self-help book away from really firing on all cylinders. In actuality, I have a shelf full of books that I never look at and as for firing on all cylinders… I could charitably be described as cruising in eco mode. Read More +
How to Be a Silver Platter Lawyer
Do you deliver client service on a silver platter or in a crumpled paper bag? The answer could determine whether your law practice is soaring or stagnant. As an illustration, consider the following Tale of Two Glasses. Read More +
When Does a Demand Letter Cross the Line?
After obtaining a $20.7 million class-action verdict from Kimberly-Clark[i] and making over a hundred appearances on various television talk shows[ii], attorney Michael Avenatti’s once-rising star plummeted. While facing allegations of domestic violence and charges for tax evasion, wire fraud, and identity theft, Avenatti decided to leverage “the power of his platform” to extort Nike by demanding money in exchange for silence on the company’s allegedly illegal practices.[iii] This scheme eventually landed Avenatti in jail for 30 months. Read More +
Make 2023 the Year of Managed Expectations
Want a New Year’s Resolution that’s free, painless and guaranteed to improve your Law Life? Resolve to make 2023 the Year of Managed Expectations. To succeed, you don’t have to join a gym, swear off Ghirardelli Premium Chocolate Squares, or cancel Netflix. You will have to change your thinking – and perhaps a behavior or two. But if you stick with it, great riches will come your way. Read More +
Own Your Mistakes But Don’t Fall on Your Sword
If you practice law long enough, you are bound to make a mistake while representing a client. Some mistakes are harmless and immaterial. Other mistakes may be fatal to your client’s case. In between those two extremes are mistakes that cause your client to suffer some negative consequences or create the possibility of negative consequences in the future. What is required of you when you make a mistake depends on the nature and severity of the error. Failure to make appropriate and timely disclosure of errors can result in adverse disciplinary, malpractice and coverage consequences. Read More +
Our Legal Deserts
Where are You Now? Odds are that you are sitting in the Triangle, the Triad, Charlotte or perhaps in Fayetteville, Asheville or Wilmington. There are fewer lawyers per capita in North Carolina than in other large states, especially in rural communities. The American Bar Association survey published in 2022 sta… Read More +
Preparing for an Economic Downturn Part 2: Protecting Cash Flow and Client Base
I grew up with my German grandma living with my family. She was like a third parent to my brother and me. She wasn’t an educated person; her formal schooling ended in 8th grade and she immigrated to the US in the early 1920’s after she turned 18. She was smart and wise and had lived through the best and worst the 20th century had to offer. Read More +
Preparing for an Economic Downturn
Small confession: there was a time, about 20 years ago, I was on a night flight back from Houston. I had spent all week at a stressful NITA advocacy program. I was exhausted and couldn't wait to get home to my own bed. And for some reason, out of nowhere on this very routine flight, I developed an immediate and intense fear of flying that lasted for two or three years. For years after that night, every time I flew anywhere, I was freaked out and terrified about crashing. Not a super fun travel experience for Mrs. Mazzone. Read More +
Military Divorce and Survivor Benefits
A recent Ohio case teaches two lessons for the former spouse in a military divorce case: a) do not ever rely on government life insurance in a settlement, and b) be sure you have made a timely election of the survivor annuity, in case your EX dies first. Here the parties were divorced in 2005, and the decree required the ex-wife to be designated as beneficiary for the Veterans Group Life Insurance (VGLI) and the Survivor Benefit Plan (SBP) of the husband, a military retiree. Read More +
The Tortoise, the Hare and the Harried 1L
Funny how a children’s fairy tale can point the way to a vibrant and satisfying Law Life. Aesop’s classic The Tortoise and the Hare does just that. We all know the story – at least the Bugs Bunny version. And yet, in the whirl and blur of our modern world, it is easy to forget its valuable lessons. Pace yourself. Slow and steady wins the race. Snooze, you lose. Read More +