North Carolina Divorce Lawyers Blog

Articles Posted in LawyerVille

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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 person in an image or video is swapped with another person’s likeness. A more recent deepfake depicts Belgium’s prime minister linking the coronavirus pandemic to climate change during a manipulated recorded speech. Although some deepfakes are created for parody and entertainment, others are not. Creation of deepfakes has also led to bullying, harassment, and other criminal offenses. Continue reading →

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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 to “win” cases. One such rule is Rule 41(b). Rule 41 is about dismissal of actions. Part (a) is about voluntary dismissals by the plaintiff or by order of the judge. These voluntary dismissals are typically without prejudice, meaning that the plaintiff may file a lawsuit again, usually within a year. Part (b) is about involuntary dismissals. Typically, a defendant would file a motion to dismiss a case or claim based upon Rule 41(b). The grounds for dismissal under this Rule are failure of the plaintiff to prosecute or to comply with these rules or any order of court. Distinct case law has fleshed out the operation of the Rule, and what is required to be shown unto the court in order to have a Rule 41 motion to dismiss granted. Continue reading →

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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 consequences. The rules exist in a game to make things fair and efficient and ordinary. In this way, the Rules of Civil Procedure promotes fairness, efficiency, and order. Below is a case that talks about one of those rules. Continue reading →

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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 more sophisticated, as many processes that attorneys use are now digital. This includes sensitive data about an attorney and their office that may be used as part of a scam. Continue reading →

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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 apply for, receive, and take those benefits from the children, without any notice. Continue reading →

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By: Gull Riaz, NCCP
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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 service of pleadings and other papers, and Rule 45(b) of the North Carolina Rule of Civil Procedure outlines the service of a subpoena. Service of legal documents can be completed in different ways – mailing, telefacsimile, publication, personal service – with each of them having unique ways to reach their intended recipient and effect service. Personal service is the most interesting because many things can happen either to your benefit or detriment. Below we look at two situations when using a Process Server for serving your legal documents. Continue reading →

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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 children with learning differences.  Plaintiff and Defendant would contact each other through various means, including text messages, Instagram, phone conversations, etc.  However, by 2018, Plaintiff disclosed to her parents that the relationship had become more volatile.  Plaintiff stated that some of Defendant’s recent actions made her feel uncomfortable.  Between July 2018 and November 2018, Plaintiff and Defendant exchanged messages concerning suicide.  Continue reading →

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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 are consequences. It may seem to be an odd analogy, but the rules in a game are to make things fair and to make them efficient and orderly. Similarly, the Rules of Civil Procedure promotes fairness, efficiency, and order. Below is a case that talks about one of those rules. Continue reading →

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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 hurt the credibility of the attorney. Continue reading →

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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 imagine, an argument is made in writing is very different from arguments made orally. Over time, the appellate courts have adopted uniform rules on how to present an argument in a brief, which makes things more efficient and consistent. Continue reading →