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 +
Lawyer Suspended for Settling PI Cases Without Client Consent
A Pennsylvania lawyer has been suspended for three years for settling auto accident cases without telling his client. He also failed to inform his client (an insurance company) about key developments in the cases, including default judgments and arbitration hearings. The lawyer entered into a consent order … Read More +
Practice points with Mark Scruggs: Get It Outta There!
Don’t let affirmative defenses that you deem meritless remain in the Answer and a part of the case. Read More +
Practice Points with Mark Scruggs: Suing the Wrong Defendant
One of the most common errors we see at Lawyers Mutual is the failure to sue the right defendant before the statute of limitations expires. 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 +
