Another thing I wished my clients understood better. We don’t like the slowness and inefficiency of the legal system any more than they do.[1] Most attorneys are not trying to manipulate the system to delay the progress of a lawsuit. Once I waited most of a day, sitting in a courtroom and billing clients in […]
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Every Case is Unique
Your case is unique. When I give a client my best legal opinion about the value of their case, I will frequently get arguments from my clients to the effect of “My Aunt Sally’s bridge partner got a lot more money just by asking the insurance company and she didn’t have nearly the injuries I […]
Ethics: Rules of Professional Conduct Summary
Rules of Professional Conduct Summary The North Carolina State Bar has adopted comprehensive Rules of Professional Conduct. These rules, together with opinions from the State Bar, based on specific circumstances, form the code of ethics by which Hodges Coxe Potter & Phillips LLP, P.C., and all attorneys in North Carolina, are bound. Broadly speaking, these […]
Read What You Sign. Except Doctors.
One of the first bits of free advice you’ll get from an attorney, is to read and understand before you sign a document. Even where the clause is buried on page 8 of fine print; or where there was a change from an earlier draft; or where the person was told something different; or where […]
Have a Healthy and Effective Board
Attached is a Board Effectiveness Checklist from governance.pro that helps an organization determine if it is being as effective as it can be. The checklist applies to all types of organizations, so all the factors may not apply to every organization, but it is a good starting point. There are some additional specific items I […]
What a Jury Doesn’t Hear
An American judge talking to a lawyer. (Photo credit: Wikipedia) After every trial, I try to talk with the individual jurors who heard my case. It helps me as a trial lawyer determine what strategy and tactics worked and what didn’t. I will also ask them what information they wanted but never got and what […]
Ask a Lawyer Day
Last week I participated in the Ask a Lawyer Day program in Wilmington NC. This is similar to Justice4All program where local attorneys field legal questions for free from the general public. Oftentimes it involves explanations of legal issues or concepts, similar to what I do sometimes in this blog. Other times it is to […]
What If…
I love alternative history stories. Things like “What if the Soviet Union had won the Cold War ?” or “What if JFK had not been assassinated?” I find fascinating and oftentimes help me better understand actual history. I even like alternative takes on imaginary history like “What If Spider-Man had been bitten by a radioactive […]
Electronic Meetings
With the near universal use of email, texting, Twitter, and instant messaging, small corporations and homeowner associations frequently try to use these services for the business of the company. While this practice can be valuable and efficient to manage a company or planned community, it normally cannot be used to exercise the powers and authority […]
Medical Records
Under North Carolina law, a person’s medical records are property of the healthcare provider who created them. However, a patient has rights to get copies and/or inspect the records of his medical care. The patient may need them to provide to a different doctor or healthcare provider to help with additional medical care. Legal actions […]
HOA v. The Doctor
English: The current TARDIS seen at BBC TV Centre and taken by me Zir (talk) 23:04, 20 January 2009 (UTC) Please credit © zir.com if used outside of Wikipedia Category:Doctor Who images (Photo credit: Wikipedia) Homeowner Associations exist to manage planned communities. Part of that duty is to enforce the restrictive covenants of the community. […]
Executive Sessions
Frequently homeowner association and other nonprofit board of directors announce they are going into “executive session” and close the meeting to only the board. The North Carolina Planned Community Act provides that meetings of the organization are governed by Robert’s Rules of Order, unless the bylaws provide for a different manual of policy and procedure. […]
Can’t Give it Away.
I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have any access to the property except by the river. The land is mostly marsh and wetlands […]
Aggravation
Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that were actually caused by the defendant’s negligence. If the defendant can prove that a plaintiff’s […]
A Jury Thank you Letter
I frequently see on social media where someone has been called for jury duty. The post is frequently followed by half-joking advice on how to get of it by telling the lawyers you believe in the death penalty for littering or will vote the way the space aliens tell you. Far from my usual practice […]
Crash Reports
In North Carolina, the first investigation of any motor vehicle crash is by the police. In order to assist their investigation, they use a special form published by the North Carolina Division of Motor Vehicles—“Crash Report Form DMV-349.” The form, also known as the crash report, accident report, or police report, is an essential piece […]
Legalese
I believe that at some time in the past, lawyers must have charged on a per word basis. It is the only explanation I have as to why attorneys use lengthy, old-fashioned and sometimes confusing jargon when talking and writing. If you can’t understand your lawyer, chances are a jury won’t either. Just because he […]
Free Advice
I will occasionally get questions from friends, acquaintances, at a dial a lawyer day, or online at www.avvo.com, who want to know what they should settle for in a small to medium car wreck or personal injury. These casual, cocktail party questions are difficult. Sometimes these folks have already retained an attorney and are looking […]
Snakes on a Plaintiff
I had a call today from a residential tenant with problem—She found a copperhead snake in her back yard. Now this being North Carolina, which happens to have the distinction as having the highest rate of venomous snake bites in the country, I didn’t see much of an issue. She told me the wildlife removal […]
What happens after the settlement?
When you settle a claim, before or after a lawsuit, you sign various documents finalizing the settlement. The first is a settlement agreement. A settlement agreement is essentially a contract between the parties with the dispute, setting forth the terms of their agreed upon settlement. These documents can be simple, as in “I’ll pay you […]