NC Fiduciary Litigation Commentary
Most of the world runs its legal systems on civil codes — comprehensive, systematically organized statutes that set out the law from first principles. France has its civil code. Germany has its Burgerliches Gesetzbuch. Spain, Italy, Japan, and most of Latin America follow variations of the same model. The United States does not. With the…
Read More
When most people think about court proceedings, they picture judges in a courtroom presiding over trials and hearings. In North Carolina, however, some of the most important legal decisions begin not with a judge—but with the Clerk of Superior Court. Under North Carolina law, clerks have original jurisdiction over specific types of matters, meaning those…
Read More
When conflicts arise — whether between business partners, shareholders, or family members — most people imagine the dispute heading straight for the courtroom. But in North Carolina, not every case needs to end in trial. In fact, the vast majority do not, even after a lawsuit is filed. Mediation offers an alternative path to resolution:…
Read More
Facing a disagreement? Don’t rush to court just yet. Mediation and arbitration offer alternative dispute resolution (ADR) options, but they approach conflict resolution in very different ways. Understanding these differences can help you choose the best path to settle your case. The Mediator: A Facilitator, Not a Judge Imagine a neutral third party guiding open…
Read More
Sandra Day O’Connor, former Supreme Court Justice, released a letter October 23, 2018 revealing that she was diagnosed with early stage dementia (likely Alzheimer’s Disease). O’Connor plans to remain in Phoenix, AZ surrounded by her friends and family. O’Connor was the first female Supreme Court Justice of the United States. She served from 1981 until…
Read More
Dominating news headlines this week is the revelation of Michael Cohen’s third mystery client. President Donald Trump’s personal attorney’s home, hotel, and office were raided pursuant to a search warrant and his files were seized by the Federal Bureau of Investigation. In a hearing on Monday, a federal judge ruled that Cohen, could review the…
Read More
When someone wins the lottery, people come out of the woodwork to get a piece of the pie…or so I’ve read. I wouldn’t know personally. If I did, I’d be writing this on a beach in the South Pacific. In any event, a New Hampshire woman, who remains nameless, purchased a winning lottery ticket worth…
Read More
Have you or your company ever been subpoenaed by someone and you wonder, “wait, why am I being dragged into their mess?” It seems unfair. Why should you have to take time out of your busy day to help someone else either pursue or defend their own lawsuit? Let’s face it, most people don’t want…
Read More
What’s the best way for attorneys to show appreciation for jurors during the North Carolina Judicial Branch’s Jury Appreciation month? Lavishing them with gifts is prohibited, but one way attorneys can show some appreciation is by drafting jury instructions that make the lives of jurors easier by streamlining the deliberation…
Read More