Author Archives › Brooke Ottesen

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

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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

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Space for Rent: Ethical Considerations for Office Sharing

Starting a law firm partnership is a good way to share responsibilities and expenses, but you also share liability for your partners’ conduct and potential…more

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Keep an Eye Out for Changing Trust Accounting Requirements

Over the last several years, the State Bar has made a concerted effort to step up enforcement concerning supervision of trust accounts, so it is…more

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To Represent or Not Represent: Either Way, Put it in Writing

An article on Law360 makes a persuasive argument for engagement letters and provides: Law firms facing malpractice claims are often the victims of their own…more

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BYOD: “BRING YOUR OWN DEVICE (or DISASTER)”

BYOD (Bring Your Own Device) to work is becoming a common practice. The ABA, who jokingly- I think- referred to the trend as “Bring Your…more

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Email Encryption: HIPAA Considerations for Lawyers and CPAs

Currently, neither the NC State Bar nor the NC State Board of CPA Examiners specifically requires encrypted email, although licensees must take reasonable measures to…more

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Unauthorized Practice of Law: A Trap for the Unwary

Allegations of unauthorized practice of law [“UPL”] have increased over the last few years. Most of us are familiar with the scenario of a non-lawyer…more

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Doing Business with Clients? Better Think Twice

Recognizing and avoiding conflicts of interest can be thorny. Rule 1.8(a) of the NC Rules of Professional Conduct addresses one such conflict: engaging in business…more

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Case Results on Your Website? The Line Between Creating Unjustified Expectations and Good Marketing

Under the Rules of Professional Conduct, a law firm’s website is considered a form of advertisement and is regulated by the State Bar.  Most attorneys…more

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