• Blog Post

    BREAKING THE (NEWS ABOUT) MOLD

    Mold is a very serious issue.  It can cause significant health effects or damage to personal property.  As part of the obligation to provide and maintain habitable premises, North Carolina requires landlords to respond to complaints of mold in a reasonable period of time depending on the severity of the condition.  However, North Carolina takes a markedly different approach to the disclosure of the presence of mold by the landlord to the tenant. No Affirmative Disclosure Obligation Although a landlord may face potential liability, including rent abatement, for failing to respond in a reasonable period of time to complaints of mold, neither federal nor North Carolina statutes create an affirmative…

  • Blog Post

    Aunt Bee Trust Fund

    Many remember the fictional town of Mayberry, the setting for The Andy Griffith Show.  Less commonly known, however, is that Mayberry is modeled after Mt. Airy, a small North Carolina town near the Virginia boarder.  Frances Bavier, the actress who portrayed Aunt Bee Taylor in the hit television show, recently passed away, and spent the last years of her life in Siler City, another small North Carolina town. Perhaps owing to a soft spot she felt for police officers due to her time on The Andy Griffith Show, Ms. Bavier established a trust with $100,000 in principal to ensure that every member of the Siler City police would enjoy a…

  • Blog Post

    OPPOSING COUNSEL, WILL YOU BE MY VALENTINE?

    The North Carolina Bar released Proposed 2019 Formal Ethics Opinion 3 in January, addressing questions relating to intimate relationships between opposing counsel.  The question presented is whether it is permissible for a prosecutor and a criminal defense attorney to engage in a romantic relationship while serving as opposing counsel in multiple cases, and whether the attorneys are obligated to disclose this relationship.  Due to concerns regarding actual or potential conflicts of interest, the Bar opines that it is permissible only under certain limited circumstances. The North Carolina Rules of Professional Conduct North Carolina attorneys are governed by the North Carolina Rules of Professional Conduct.  As a basis for the proposed…