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Articles Posted in LawyerVille

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Deepfakes: Technology’s Dark Side

In case you have not heard, deepfake videos are multiplying online. “Deepfake” is a term coined in late 2017 by a Reddit user of the same name.  With origins in pornography, the use of deepfakes has transcended well beyond the explicit. A deepfake generally refers to media manipulation where a…

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Playing by the Rules for Dismissal

The Rules of Civil Procedure often have a few points where a case can end. They are there to make sure that all parties to the case are proceeding fairly, timely, and efficiently. Over time, these stopping points have begun to evolve as more and more litigants are utilizing them…

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Playing by the Rules – Service of Process

Stewart v. Shipley, 825 S.E.2d 684, 264 N.C.App. 241 (N.C. App. 2019) You might imagine your civil court case as a game. All games have rules, and the handbook that tells you how to play the game is the Rules of Civil Procedure. And you can’t break the rules without…

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Attorneys and Wire Scams

2020 Formal Ethics Opinion 5 In recent years, there has been a marked increase in the number of attempts to defraud attorneys of their clients’ funds in trust accounts. Now con artists are stealing from clients directly by using “inside information.” These scams are constantly evolving and are becoming much…

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State Foster Agencies Taking Children’s Benefits

We have written in the past about Social Security Benefits, specifically Survivor’s Benefits, and how they play a role in adoption of the minor receiving those benefits. What the author did not realize is that, in the case where the child is in foster care, many state welfare agencies seemingly…

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Using a Process Server in North Carolina

By: Gull Riaz, NCCP

In my 3-4 years of serving legal documents, I have found that there isn’t a one-size-fits-all method for serving legal papers. Rule 4(j) of the North Carolina Rules of Civil Procedure outlines the service of a Civil Summons, Rule 5(b) of the North Carolina Rules of Civil Procedure outlines the…

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Identifying Harassment

NC Court of Appeals (No. COA20-545)   Grace DiPrima (“Plaintiff”) and Clifton Benjamin Vann, V (“Defendant”) were the best of friends.  Their friendship began in the third grade, and the two stayed friends throughout grade school and beyond.  Plaintiff and Defendant attended The Fletcher School (“Fletcher”), an educational institution for…

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Playing by the Rules of Civil Procedure

Lunsford v. Teasley, COA20-436 (April 2021) All games have rules. If you want to imagine your civil court case as a game, then the Rules of Civil Procedure is the handbook that tells you how to get started playing the game. And if you happen to break the rules, there…

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How to Style Your Appeal, Part 3

Appeals are very technical. In the last blog, we covered the beginning sections of an appellate brief. There is opportunity to fashion a primer for argument with the presentation of facts and issues. However, be forewarned: omissions of bad facts and argumentative spin on the facts is improper and will…

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How to Style Your Appeal, Part 2

Appeals are very technical. Last time, we covered the technicalities in a Record on Appeal. Now we address the appellate brief. The Brief is where the case is won or lost. It contains the arguments of counsel on why the appellate court should overturn the court below. As one can…

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