Yearly Archives › 2016

Turning Over a Client’s File — the Safe Way

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

Posted by | Comments Off on Turning Over a Client’s File — the Safe Way

Must We Reveal Those Skeletons?

I was reminded recently of an Ethics Decision (unpublished) that answered the question, “When must a lawyer disclose unsavory personal information” to a client or…more

Posted by | Comments Off on Must We Reveal Those Skeletons?

Conflict Checks: Not Just for New Clients

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

Posted by | Comments Off on Conflict Checks: Not Just for New Clients

Targeted Direct Texting

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

Posted by | Comments Off on Targeted Direct Texting

Liability Limits: Good Legal Advice, Bad Professional Practice

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

Posted by | Comments Off on Liability Limits: Good Legal Advice, Bad Professional Practice

Money Gone Missing: When a Third Party Steals Trust Funds

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

Posted by | Comments Off on Money Gone Missing: When a Third Party Steals Trust Funds

Think Twice Before Using a Liquidated Damages Clause

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

Posted by | Comments Off on Think Twice Before Using a Liquidated Damages Clause

They Mean Business

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

Posted by | Comments Off on They Mean Business

The Stressed Out Lawyer

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

Posted by | Comments Off on The Stressed Out Lawyer

Just Say No

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

Posted by | Comments Off on Just Say No