Author Archives › Whitney Waldenberg

NC Legal Ethics Minute: Mobile Deposits and Online Trust Accounting

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Getting to “Nope!”

Like many young associates, when I first started practicing, I was eager to prove my worth, show the partners and senior associates at my firm…more

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Harness the Power of Feedback

When we think about communications with our clients, we are often focused on our obligations under Rule 1.4 of the North Carolina Rules of Professional…more

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When the Golden Rule Becomes a Local Rule

If you know a party is represented, must you notify opposing counsel before you seek an entry of default and default judgment against his or…more

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Spoliation and Social Media

We have received a lot of questions about whether an attorney may advise his or her client to delete Facebook posts or Tweets in anticipation…more

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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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