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…
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Testamentary Capacity and Undue Influence
In 2015 and 2016, media magnate Sumner Redstone amended his trust, which was challenged by former companion Manuela Herzer. A California court recently ruled that Mr. Redstone possessed the required mental capacity to amend his estate plan. In North Carolina, whether an individual is a billionaire business mogul or anyone else, the requirements for testamentary capacity, or the required mental capacity to create a will or a trust, is the same. Testamentary Capacity To have testamentary capacity a person must be “of sound mind, and 18 years of age or over[.]” In practice, this means that the person creating the will, otherwise known as the testator, must be able to…
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Congratulations to Trey Lindley and Satie Munn
Lindley Law is pleased to announce Trey Lindley was selected as a 2019 Super Lawyer in Estate and Trust Litigation by Super Lawyers Magazine, making this his eighth consecutive honor from the publication. Lindley Law is also pleased to announce Satie Munn was selected as a 2019 Rising Star in Business Litigation by Super Lawyers Magazine, her first such honor from the publication. Super Lawyers Magazine recognizes outstanding attorneys using a multi-step process that involves soliciting nominations from attorneys across North Carolina (lawyers are not allowed to vote for themselves), a third-party evaluation across 12 key categories, and a peer evaluation by a highly credentialed panel of attorneys. Finalists have attained a high…
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Can North Carolina Employers Compel Drug Testing and DNA Testing?
In December 2018, a Phoenix, Arizona woman, who spent the last fourteen (14) years in a coma, gave birth to a healthy baby. A police investigation concluded that, while in her comatose state, she had been raped multiple times. The staff at the healthcare facility where she was a patient stated that no one knew she was pregnant until she went into labor. In response to a search warrant issued to the employer, the employer requested that all male employees provide a DNA sample to determine whether the individual who impregnated the woman was a staff member. Without question, the facts of this investigation are shocking. However, it does…
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How Smart is Your Technology?
With the popularity of smart devices on the rise, their prevalence in the courtroom is increasing. In 2018, police used Karen Navarra’s Fitbit fitness tracker to find her murderer. Police accessed the recorded information and determined that her heart rate spiked then dropped significantly while her stepfather was in her house. Due to neighbors reports and the information from Fitbit, police were able to determine her stepfather was the murderer. This is not the first time Fitbit’s technology has been used by police to solve crimes. In 2015 Fitbit provided location data in association to a sexual assault and personal injury case, and in August 2018, Fitbit data helped the…
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New Website!
Lindley law is excited to announce the launch of our new website! Our new website incorporates photographs of our new building, updated biographies, and curated content. The new platform was designed to enhance ease of use and mobile compatibility. Thank you to Ritz Marketing bringing our vision to life. Head over to LindleyLawOffice.com to check it out!
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Sandra Day O’Connor’s Dementia Diagnosis Forces Her to Retire from Public Life
Sandra Day O’Connor, former Supreme Court Justice, released a letter October 23, 2018 revealing that she was diagnosed with early stage dementia (likely Alzheimer’s Disease). O’Connor plans to remain in Phoenix, AZ surrounded by her friends and family. O’Connor was the first female Supreme Court Justice of the United States. She served from 1981 until 2006 when she retired to care for her late husband who was suffering from Alzheimer’s. Due to her diagnoses, which she stated came “some time ago,” O’Connor will be taking steps to remove herself from the public eye. O’Connor was awarded the Presidential Medal of Freedom in 2009 in acknowledgement of her accomplishments over the…
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‘I Say a Little Prayer’ that Aretha Franklin’s children have ‘Respect’ and Are Not a ‘Chain of Fools’
American singer and songwriter Aretha Franklin passed away on August 16 at the age of 76 after battling advanced pancreatic cancer. In the days following her passing, her four sons filed documents with the Michigan Probate Court stating that Aretha passed without a will or trust, and claimed to be interested parties in her estate. Aretha’s niece, Sabrina Garrett Owens is the personal representative to administer the estate. When a person dies with a will, the probate court uses that and other documents (such as a trust), to guide them in determining the proper distribution of the deceased’s assets. However, when a person dies without a will, or “intestate,” their…
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Jilted North Carolina Spouse wins $8.8 Million over Wife’s Affair
Last week a Superior Court judge in Durham, North Carolina awarded Keith King $8.8 million dollars in damages against Francisco Huizar III, a man who had an affair with King’s wife. This verdict is the result of North Carolina’s alienation of affection and criminal conversion laws. A remnant of English common law, causes of action for alienation of affection and criminal conversion allow a spouse to recover damages when a third party interferes with the relationship and causes deprivation of affection, frequently seen in cases of adultery. At trial Keith King showed that he and his wife, Danielle, were happily married from 2010 until 2015. In 2015, Danielle…
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Resolving Legal Disputes Through Mediation
In our ongoing series of posts about arbitration, an increasingly popular form of private dispute resolution across the United States. This week, we will discuss another prevalent system for resolving legal disputes outside of the public court system, mediation. Although arbitration and mediation both use independent third-parties to resolve legal disagreements, there are many differences between the two forms of alternative dispute resolution. Arbitration is a privatized version of a trial. In arbitration, the parties present evidence and testimony to persuade the arbitrator that they are entitled to certain relief under the law. Mediation, on the other hand, is essentially an ongoing settlement negotiation. A mediator does not decide which…
