L & S Water Power, Inc. v. Piedmont Triad Regional Water Authority. (Lawyers Weekly No. 11-07-0405, 19 pp.) (J. Douglas McCullough, J.) Appealed from Guilford County Superior Court. (Calvin E. Murphy, J.) N.C. App. Holding: Hydroelectric power plants were entitled ...
Read More »Coach’s Corner: What makes a law firm a good place to work?
Every law firm is, or should be, a team, with lawyers, staff and support personnel committed to a team effort for providing the best possible service and work product for the benefit of clients. Involving everyone in the office so that they feel a sense of inclusiveness, understanding their roles and looking forward to exercising them, creates a better and more successful firm. At too many law firms, unfortunately, this does not exist.
Tagged with: Business of Law Coach's Corner law firms Practice Management
Read More »Tort/Negligence – Fraud – Negligent Misrepresentation – Unfair Trade Practices – Real Property – Purchase
Mauro v. Mooney. Even though the plaintiff-buyers contend the defendant-seller committed fraud and negligent misrepresentation as to the age of the house, renovations, structural deficiencies . . .
Tagged with: Fraud Henderson County Negligent Misrepresentation Purchase Real Property Tort/Negligence Unfair Trade Practices
Read More »Scribner’s Error: Pushing the limits of reasonableness and prudence
"Reasonable and prudent." That was the daytime speed limit in Montana for a breezy four years after Congress in 1995 lifted its draconian, federally mandated limits, which first imposed the pokey "double-nickel" 55-mph limit that was later softened to 65. Does that mean that there was an American Autobahn in Big Sky Country in the late '90s? Not exactly.
Tagged with: Cell Phones Distracted Driver speeding Traffic Law
Read More »Taxation – Real Property – Ad Valorem Taxes – Tax Assessor – Unfinished Development – Administrative Remedies – Subject-Matter Jurisdiction
The Villages at Red Bridge, LLC v. Weisner. A taxpayer who disagreed with a tax assessor's valuation decisions and who failed to exhaust administrative remedies prescribed by statute cannot bypass the same . . .
Tagged with: Administrative Remedies Cabarrus County Real Property subject-matter jurisdiction Taxation
Read More »Coach’s Corner: When does a prospect become a client?
When does someone visiting your website, blog or LinkedIn page become a prospective client? This does not seem to be a difficult issue. Everyone that a lawyer meets, including in cyberspace, is a prospective client! To think otherwise is to say you don't believe you have something of value that can help the person reading your material or who is standing in front of you. Of course, if your target audience is not focused on using the Internet and searching the Web on a regular basis, then you likely will not get many new prospects and clients that way.
Tagged with: Coach's Corner legal marketing Practice Management
Read More »Workers’ Compensation – Mental Injury – By Accident – In the Course of Work – Restaurant – Phone Call – Prison Guard – Prisoners’ Plot – Shanking Threat
Rainey v. N.C. Department of Correction. (Lawyers Weekly No. 10-08-0923, 12 pp.) (Pamela T. Young, Chair) Appealed from Opinion & Award of Deputy Commissioner Philip A. Holmes. I.C. No. W06010. Holding: Even though the plaintiff-correctional officer was at ...
Read More »Lawyers In The News, Aug. 30, 2010
Dean Emeritus and Professor of Law Robert K. Walsh of the Wake Forest University School of Law received the Robert J. Kutak Award at the American Bar Association’s annual meeting in San Francisco. Each year, the ABA Section of Legal Education ...
Read More »Scribner’s Error: Wikipedia — Good start but bad finish
Same as when you're writing your child's term paper, don't cite to Wikipedia when you're trying to establish a negligence case. That was the word earlier this month from the N.C. Court of Appeals in a footnote to the decision in Harris v. Barefoot (Lawyers Weekly No. 10-07-0741, 8 pp.).
Tagged with: Court of Appeals Technology
Read More »Criminal Practice – Satellite-Based Monitoring – Probation Violation – Subject-Matter Jurisdiction –
Appeals State v. Clayton. (Lawyers Weekly No. 10-07-0751, 10 pp.) (Donna S. Stroud, J.) Appealed from Lincoln County Superior Court. (James W. Morgan, J.) N.C. App. Holding: When defendant was sentenced to probation, the sentencing court determined that he ...
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