Yearly Archives › 2016
Turning Over a Client’s File — the Safe Way
November 17, 2016
Lawyers in North Carolina know that a client’s file belongs to the client. Even if you copy the client with all correspondence or court filings…more

Must We Reveal Those Skeletons?
November 7, 2016
I was reminded recently of an Ethics Decision (unpublished) that answered the question, “When must a lawyer disclose unsavory personal information” to a client or…more

Conflict Checks: Not Just for New Clients
September 12, 2016
In evaluating conflicts, I always tell my attorney clients that it is important to have a mechanism in place to (1) Identify, (2) Assess and (3)…more

Targeted Direct Texting
July 29, 2016
There is a newly proposed ethics opinion (October 2016) which will supersede the information in this blog. Lawyers are familiar with targeted direct mail solicitation,…more

Liability Limits: Good Legal Advice, Bad Professional Practice
June 3, 2016
In my day job, I am a provider of professional services; in my other roles, I also frequently am a consumer of professional services. As…more

Money Gone Missing: When a Third Party Steals Trust Funds
May 31, 2016
Under Rule 5.3, a lawyer has an obligation to properly supervise nonlawyer assistants who have access to the trust account. Thus, if that nonlawyer assistant…more

Think Twice Before Using a Liquidated Damages Clause
May 4, 2016
NC courts generally give broad deference to parties entering into a contractual relationship to negotiate the terms of the contract, including legal remedies against each…more

They Mean Business
March 10, 2016
Bar applicants are under a lot of stress on the day of the bar examination. That may be the understatement of the year. In addition to…more

The Stressed Out Lawyer
February 29, 2016
I am a natural born fretter. I tend to envision all the ways things could go wrong, and I tell myself it’s so I’ll be…more

Just Say No
February 4, 2016
For a while there, it looked as if the State Bar was going to require all law firms using any kind of personal mobile technology…more
