Substantive Law

Rule 41(a)(1) of the North Carolina Rules of Civil Procedure allows a plaintiff to dismiss a complaint without prejudice by filing a notice of dismissal at any time before he rests his case. Notice may be given by filing a written notice of dismissal or by oral notice in open court. A notice of dismissal is pre… Read More +

Here’s some risk management advice for litigators: it’s not a good sign if a judge says your motion “threw more punches than it pulled, and some were below the belt” and suggests you revise it after quiet reflection and a good night’s sleep. It’s also not good if the judge s… Read More +

Errors in estates and trust matters are causing a rise in malpractice claims against North Carolina attorneys. The increase has been so dramatic that Lawyers Mutual issued a Risk Management Alert to its insured lawyers. Over the last few years, Lawyers Mutual has seen an increase in Estates and Trusts (E&T… Read More +

Over the last few years, Lawyers Mutual has seen an increase in Estates and Trusts (E&T) claims.  In 2021, E&T claims were the third most common claims according to area of practice.  Only Plaintiff’s personal injury and residential real estate generated more claims by practice area.  Errors occur in both estate planning and estate administration. Two common E&T errors are:   Read More +

Service by email? Ugh! If you are like me, you overlook important emails often. It’s understandable; most of them don’t need to be read anyway. Other times, essential emails go directly to my spam folder, and I don’t see them for days because I’m not diligent about checking my spam filt… Read More +

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 +

A solo attorney may ethically represent his law firm PLLC and also testify as a witness in a fee dispute with a former client. This is so despite the prohibition of NC Rule of Professional Conduct 3.7, which says attorneys cannot serve as both advocate and witness in a matter.  That’s the ruling … Read More +

Wire Fraud losses continue to plague real estate transactions, resulting in millions of dollars of losses around the country. The most common scenario is the buyer receiving altered wiring instructions. The State Bar is now holding the closing attorney accountable for this loss even though the closing attorney … Read More +

Guardian ad Litems risk management tips. Read More +

  A lawyer licensed in New Jersey but practicing remotely from his home in Florida is not committing the unlicensed practice of law. That’s according to a May 20 advisory ethics opinion issued by the Florida Supreme Court. The attorney had requested the advisory ruling. He wanted to know if he cou… Read More +

Looming deadline within the NC Condominium Act for developers. Read More +

Examples of common estate planning errors. Read More +

Real Estate risk management spring cleaning tips. Read More +

Common estate planning errors Lawyers Mutual is seeing and how to avoid them. Read More +

Equitable distribution and alimony claims review. Read More +