You’ve probably heard by now about the total solar eclipse that will pass over the United States on Monday, August 21st, 2017. The path of totality is approximately 70 miles wide and stretches from Oregon to South Carolina, touching fourteen different states. A partial eclipse will be visible in every U.S. state. To see how the eclipse will look in your area, click here. With millions of American expected to travel to the path of totality, it is one of the most highly anticipated solar events in recent memory. What you might not have considered, however, are the legal implications of the solar eclipse. Don’t be an interloper. If…
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The Motorists’ and Cyclists’ Guide to Biking Laws in North Carolina
Recreational and commuter biking have increased in recent years, making road safety more important than ever. Since 2007, bike commuting has almost doubled in the largest 50 of America’s cities largely due to the addition and/or improvement of bike lane and pathway infrastructure. Despite some motorists disdain for bicycles on the road, cycling to work benefits everyone. Not only does biking directly benefit cyclist by providing an entertaining source of exercise and numerous health benefits, but even those that don’t bike benefit from the resulting cleaner air. North Carolina’s laws on bike safety are similar to those found in other states. Some apply to motor vehicle operators while others apply to cyclists. If you…
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The Importance of Being Earnest: Contracts Edition
Most people don’t like reading contracts and it’s no surprise why. They are usually boring, wordy, and full of legalese that can be difficult to understand. Reading them requires an attention span longer than most of us have and it’s easier to just sign on the dotted line rather than slog through each of the terms and determine whether they are agreeable. If a person does not make a living as a general contractor, wedding photographer, or any profession that signs contracts with clients on a regular basis, they may not realize how important a contract is. At it’s very core, a contract is an agreement defining the rights…
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The Legality of Little Lemonade Stands
While driving through the residential neighborhoods of Charlotte, North Carolina in the hot summer months, it’s not hard to find kids selling lemonade. I’ve seen three in the last three weeks. Harnessing their budding entrepreneurial skills (and perhaps at the suggestion of a parent tired of their kids watching television), setting up a lemonade stand is a relatively simple task. All you need is a pitcher, cups, water, sugar, lemons, knowledge of zoning laws, heath regulations, the fire code, federal income tax implications, and potentially a peddler’s license or a license to solicit charitable donations. In a perfect world, police and city officials would use a bit of common…
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What Business Owners Should Know About Service Dogs and Emotional Support Animals
With increasing frequency, dog owners are claiming their pets are service animals, even when they are not. Unlike the United Kingdom, the United States does not have a requirement that service dogs be certified, but they do have to meet certain criteria under the Americans with Disabilities Act (the ADA) and an increasing number of states are making it illegal to misrepresent your pet as a service animal. According to the ADA, service dogs are defined as “dogs that are individually trained to do work or perform tasks for people with disabilities.” This means the person must have either a physical or mental impairment that substantially limits one or…
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Four Tips for Drafting Jury Instructions: A Tightrope Walk between Clarity and Accuracy
What’s the best way for attorneys to show appreciation for jurors during the North Carolina Judicial Branch’s Jury Appreciation month? Lavishing them with gifts is prohibited, but one way attorneys can show some appreciation is by drafting jury instructions that make the lives of jurors easier by streamlining the deliberation process. When it comes to cases with complex statutory language, lawyers may be faced with the task of drafting jury instructions and must learn to bridge the gap between legal jargon and natural language. To add to the pressure of crafting meticulously worded jury instructions, many appeals are based…
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Depositions 101: Eight Tips to Ease Your Mind
The movie “The Social Network” used the depositions of Eduardo Saverin and the Winklevoss twins, who sued Mark Zuckerberg over the creation of Facebook, to tell its story. Depositions in real life are also used to hear one party’s side of the story so the attorneys know what to expect at trial. Most people have never had their deposition taken and, like many parts of the legal process, it can be daunting to the uninitiated. Knowing what to expect can alleviate much of that worry. What is a Deposition and Do I Need an Attorney? At their core, depositions are merely a question and answer session between a person that has information…
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7 Things To Know About Unclaimed Property
1) You may be entitled to money held by the state. Have you ever received a letter from a law firm or private investigator informing you of unclaimed property or cash and offering help? Last year, I got such a letter from Californian private investigator. Sensing a scam and having never heard of such a thing, my investigation began. The private investigator’s website seemed suspicious and after googling “unclaimed property,” I found that states hold unclaimed funds until the owners claim them. It is a completely legitimate part of state government, but a private investigator is not necessary in most cases. 2) What is unclaimed property?…
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Eliminating Funding to Legal Services for Low-Income North Carolinians Will Eliminate Equal Access to Justice
“Eliminate Access to Civil Justice Funds” – that is the ominous title of a provision in the North Carolina’s House of Representatives Appropriations Committee’s proposed 2017 Budget. Not cut, eliminate. If passed, this provision would be devastating to legal services available to low-income North Carolinians who cannot otherwise hire an attorney, but are in desperate situations. Those hurt would be domestic violence victims, people on the verge of homelessness, and veterans trying to access benefits they earned with service to this country. The proposed budget provision would eliminate $1.7 million in funding for Legal Aid of North Carolina (LANC), Legal Services of the Southern Piedmont (LSSP), and Pisgah Legal…
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Think You Can Represent Yourself in Business Court? Think Again.
While it is legally permissible to represent yourself in Business Court, it probably is not a good idea as one plaintiff learned the hard way. In a recent decision from the North Carolina Business Court, a plaintiff, James Gillespie, attempted to be a pro se litigant and wound up with his case dismissed and responsible for paying much of the defendants’ legal fees. Gillespie originally retained counsel for the purpose of suing the defendants. However, his attorneys, John and James Scarbrough, filed a Consent Motion to Withdraw as counsel. The court granted this motion requiring Gillespie to retain a new attorney within four weeks. He did not make the…
