What If…

February 3rd, 2015 | Posted in Law for Non-lawyers, Personal Injury, Personal Injury & Medical Malpractice | Tagged , , , , ,

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 …Read More

Trade Secrets

June 2nd, 2014 | Posted in Business, Business and Commercial, Law for Non-lawyers | Tagged , , , , , ,

The law in North Carolina tends to support the ability of people to work for who they want, and when they want. In most cases, with at-will employment, an employee can leave a job whenever they want to work for another company who may provide them more pay or benefits. On the other hand, the …Read More

Should HOAs file liens?

January 3rd, 2014 | Posted in Homeowner Associations (HOA) Law | Tagged , , , , ,

I’ve written before about the lien procedure required when a homeowner’s association is attempting to collect on past due assessments. Some of the HOAs I’ve worked with have annual assessments as low as $50, but still have a handful of people who neglect or refuse to pay. My staff is trained on the process of …Read More

Corporate Pro Se Representation

March 8th, 2013 | Posted in Business, Business and Commercial, Small Claims Court | Tagged , , , , , , ,

In North Carolina, a person has a right to represent themselves in court, even if they are not a lawyer. However, even though a corporation or LLC is considered a “person” for many legal issues, they are not capable of representing themselves in court. Even a small corporation that is owned 100% by one individual, …Read More

Free Speech in an HOA

March 1st, 2013 | Posted in Homeowner Associations (HOA) Law | Tagged , , , , ,

Recently, a retired police officer in Southport NC challenged a rule by his homeowner’s association prohibiting religious or political gatherings at the community’s amenities center. The homeowner felt that this was an infringement of his constitutional rights. After holding meetings and gathering petition signatures, the HOA board agreed to change the rule. Some people may …Read More

Who controls the roads?

February 22nd, 2013 | Posted in Homeowner Associations (HOA) Law | Tagged , , , , , ,

One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, a plat is filed that shows the lots, common …Read More

Does Your Dog Bite?

February 15th, 2013 | Posted in Law for Non-lawyers, Personal Injury, Personal Injury & Medical Malpractice | Tagged , , , , ,

“Every dog gets one bite,” is a bit of homey legal wisdom that is often repeated by laypersons and even lawyers, but it is not entirely true in the state of North Carolina. The first way a person can recover from a dog bite or attack is under a negligence theory. Legally, a dog attack …Read More

Warranties

February 8th, 2013 | Posted in Consumer Law, Law for Non-lawyers | Tagged , , , , , , , ,

You can get good bargains from buying things from classified ads, or Craig’s List, or at a garage sale. Aside from scams, the biggest problem is what happens when you get that new (to you) boat, vacuum cleaner, Betamax, or automatic tomato planter, home and it quits working. What protection do you have? Legally, you …Read More