Dan Ellison (pictured) graduated from UNC Law School in 1984 with the same anxiety about passing the bar exam that all lawyers-to-be face at the beginning of their careers. But it wasn't just a commonplace case of the nerves for him. On the contrary, he faced a worry that an unknown number of his classmates might have faced at the same time - whether being gay would affect his ability to become an attorney in North Carolina.Read More »
In most cases, the challenge in mediation doesn't lie with the mediator; it lies with the lawyers who walk into the room with little or no preparation, expecting the mediator to resolve the case for them. Commercial litigation is different from tort litigation in that it often hinges on contractual obligations and raises a host of business issues that do not arise in a typical tort case. Accordingly, mediation in the commercial litigation context should not be approached in the same manner as in tort litigation.
Tagged with: MediationRead More »
A California man targeted in a North Carolina alienation of affections case will get a new trial under an N.C. Court of Appeals ruling this week that threw out a $600,000 judgment against him. The reason: Court officials were one digit off in his five-digit San Juan Capistrano, Calif., street address, so he received only three days advance notice of his trial held in Guilford County. Keith Black, who represented the defendant in the case, said it was the only possible just outcome, seeing as his client didn't have enough notice to attend his own trial.Read More »
The long-established "coming and going rule" was the center of Tuesday's Court of Appeals ruling denying workers' comp benefits to a woman who slipped on black ice three steps away from the door of her employers' building just as she was preparing to unlock it. But a five-page dissent making the argument for a less narrow interpretation of the rule will likely bring the issue before the N.C. Supreme Court. Charlotte attorney Jason McConnell (pictured), who represented the employer and its insurance carrier in the claimant's appeal from the N.C. Industrial Commission, said he was pleased with the ruling.Read More »
Ten years ago, North Carolina's criminal justice system was in the Dark Ages. Today, it's seen the light. That's according to Raleigh defense attorney Joe Cheshire V, who still applauds the General Assembly for establishing an office to oversee the legal representation of the state's poorest defendants in 2000. The Office of Indigent Defense Services was created to fix "a criminal justice system that had absolutely no structure," said Cheshire, who served on the study group that recommended the agency's creation and is now IDS Commission chair.Read More »
They lined up in the early-morning heat outside the Jim Graham building and the Exposition Center at the state fairgrounds, some with laptops, some empty-handed, all with an it's-now-or-never look on their faces. With two days of the bar exam ahead of them and three years of law school behind them, the applicants were facing the last hurdle in their quest to become North Carolina attorneys.
Tagged with: Bar ExamRead More »
By PAUL THARP, Staff Writer email@example.com The Court of Appeals has remanded a property-owner’s case to the Industrial Commission for entry of an award of $117,244, plus $13,034 in litigation costs in a dispute over a Montgomery County building permit. It ...
Tagged with: jurisdictionRead More »
PINEHURST (NCLW) – Various Bar committees summarized actions undertaken during their meetings over the preceding three days when the N.C. State Bar Council met on July 23 in Pinehurst. Speakers included IOLTA executive director Evelyn Pursley, who reported a continuing ...Read More »
Concerns over a proposal to add controversial nondiscrimination language to the preamble of the Rules of Professional Conduct occupied the State Bar's Ethics Committee at its recent quarterly meeting in Pinehurst. Michael Robinson (pictured) sought to clarify that the language would be merely aspirational.Read More »
As hundreds of would-be attorneys gathered on the state fairgrounds in Raleigh to take the exam earlier this week, a new concept in grading essay questions was about to be used for the first time in North Carolina. It's called "team grading" and it will reduce the time it takes to grade the exams, allowing the N.C. Board of Law Examiners to stick to a two-week grading period instead of having to spill over into a third week.Read More »