Having just celebrated my first Christmas holiday with my nine-month-old son, I started to think about children whose parents are divorcing and all of the complicated issues that arise when custody is a contested issue, during the holidays and throughout the year. The reality is that when two parents make the difficult decision to live […]
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Who is in a Homeowner’s Association (and who is not)
Image by alancleaver_2000 via Flickr I recently had a complaint from any owner who was being assessed by a homeowner’s association for annual dues. He explained that he never agreed to be in a homeowner’s association and didn’t consider his property to be within the area governed by the homeowner’s association. Therefore, the HOA had […]
The Kardashian Effect—Legal Separation, Divorce “Papers” and Whether to Seek Annulment or Absolute Divorce?
By now even the non-entertainment savvy amongst us has heard about reality television “star” Kim Kardashian’s made-for-television, multi-million dollar marriage to NBA player Kris Humphries, and their equally publicized break-up a mere 72 days later. Reports have circulated that Kim K. initially asked Humphries for an annulment, however his refusal to “agree” to one left […]
Power of Attorney
Protecting our financial interests is especially important in this day and age of social security and economic uncertainty. I say “our” to point out that this type of knowledge is certainly helpful to us all, myself included! And it’s never too soon or too late to get started. That said, I’d like to take this […]
Corporation Games
Image by limonada via Flickr Businesses can be organized in several different ways. One of the newer forms of business is a Limited Liability Company or LLC. The best way to understand an LLC is to compare it to a traditional corporation. Limited Liability Company A LLC is a legal entity that exists separate and […]
A not-so-social deposition
The movie “The Social Network,” is about the formation of Facebook. A lot of the narrative of the movie is told in flashbacks framed by the various depositions in the lawsuits between the parties who allegedly had role in the creation of the social media site. In this scene, Mark Zuckerberg, the creator of Facebook,(played […]
Servicemembers Civil Relief Act
Image by yorgak via Flickr The “Servicemembers Civil Relief Act” (SCRA) was enacted in 2003. This law is the latest in a series of statutory protections dating back to the Civil War for active service members, including the predecessor statute the Soldiers’ and Sailors’ Civil Relief Act. The SCRA provides protection to servicemembers regarding residential […]
Spys Like Us
COVERT COMMUNICATIONS—When is it “OK” to record a conversation with my spouse or my chidren in the context of a contested divorce case? The two most frequent areas where electronic surveillance is used in litigation arise in the context of commercial espionage, and in domestic litigation. As formerly “high tech” surveillance technology is now available […]
Hoarders & Homeowner’s Associations
One popular reality show today is A&E's "Hoarders. "The show details the problems of pathological hoarding or disposophobia. The individuals acquire possessions and fail to discard them even when the items are worthless, hazardous, or unsanitary and impair mobility and interfere with basic functions of life. The show scratches a morbid curiosity and probably makes […]
HIPAA
With our increasingly interconnected world and the rise of identity theft and other similar invasions of privacy, more and more laws and regulations are being enacted to bolster traditional common law and wall off private information from the public. One such body of law is contained in The Health Insurance Portability and Accountability Act. More […]
Curb Your Enthusiasm
The other night, I was watching an old “Curb Your Enthusiasm” episode on DVD. The episode was a typical half hour of misunderstandings and wild coincidences. Larry’s friend and business agent, Jeff is in the hospital for some surgery to correct his snoring. For several funny reasons I won’t go into here, Larry inadvertently infuriates […]
Med-Pay
One insurance benefit that many automobile accident victims do not know about, and subsequently lose thousands of dollars is commonly known as “Med-Pay.” Med-Pay is a medical payment provision written into most liability insurance policies. Med-Pay coverage provides medical expense payment incurred as a result of injuries sustained by any person riding in the car […]
Divorce and Separation Agreements
In North Carolina, you can obtain an absolute divorce upon the filing of a lawsuit alleging that you are a North Carolina resident (you have lived in this state for at least six consecutive months prior to filing) and that you and your spouse have been separated continuously for one year. Like most U.S. States, […]
Covenants Not to Compete
Most people in North Carolina are employed as an at-will employee without a contract. Therefore, those people can be fired for nearly any reason, and can likewise quit for any reason (the “two week notice” is a courtesy, not a legal requirement). When employers do commit themselves to an employment contract, one of the clauses […]
Depositions
I’ve written before about the life of a lawsuit and how long stretches of time appear with nothing seeming to happen. As I said before, some of that is waiting on reactions from the other side and some of it is work done by the attorney that doesn’t require much from the client, especially if […]
Pretty Good Illinios Lawyer…
If you are searching for good trial lawyers in the Midwest, Avvo.com may lead you to this attorney. I've heard he was pretty good in front of a jury and nobody outworked him. -Bradley A. Coxe is a practicing attorney in Wilmington, NC who practices in Personal Injury, Car Accidents, Medical Malpractice, Contract and Real […]
Upon Further Review
We are getting into the crunch-time of the NFL Season, and as the games get bigger and bigger, each play, and each official's call is magnified in importance. Even the most casual fan at this point has heard of "instant replay" where the officials review and sometimes overturn a call on the field. Coach's have […]
It Was My Understanding There Would Be No Math…
A few weeks ago, on a lovely Saturday at Wrightsville Beach, NC, I was in a small banquet room, assisting a Homeowner's Association with a special meeting calling for the removal of directors. There were two large factions in the Association and on the Board. One faction had collected a sufficent number of petitions to […]
My Not-So-Hero, Zero
There has been a lot of justifiable backlash over “zero tolerance” policies for weapons at schools. The tale of the cub scout proud of his pocket knife with fork and spoon has prompted many people to cry out “where is the common sense of these school officials?” My practice really isn’t geared to this type […]
How to Go to the Doctor
The following is an excerpt of an article written for paralegals and attorneys by Steven Glass, a retired personal injury attorney from Florence, South Carolina, concerning the lack of attention that attorneys, and their clients, sometimes pay to the client’s treating physicians. Mr. Glass points out that the attorneys should be aware of their client’s […]