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…
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…
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…
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…
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…
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…
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…
Appeals are very technical. A filing with the Court of Appeals can happen after a final judgment, or as an interlocutory appeal—meaning before the final judgment. But in order for the Court of Appeals to properly hear your case, you have to provide them with all the facts. The Court…
Despite the name, a final judgment from a trial court is not always the end of a case. Appeal of the trial court judgment is often the next step in the timeline of a case. On appeal, typically, the Courts of Appeal are only restricted to the issues and factual…
As part of Women’s History Month, I would like to revisit the Supreme Court’s first woman Justice: Sandra Day O’Connor. She is so much more than the historical trivia note to which she is often reduced. Educated at Stanford and appointed to the Court by then President Reagan, she served…