In the wake of Hurricane Harvey, many Texas residents have entirely new problems on their hands: rebuilding. For many folks, legal services organizations, such as Lone Star Legal Aid and Texas Rio Grande Legal Aid, are going to be essential in assisting them to get their life back on track. These organizations have already begun assisting victims with what is likely to be a long road ahead. (Author note: as of the time of publication of this article, Hurricane Irma is barreling towards Florida and the Southeast, but has not yet made landfall in the contiguous United States. While this article focuses on the legal ramifications for Harvey victims, the victims of Irma…
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How Do Lawyers Get Paid, Anyway?
Retainers, contingency fees, flat fees…what does it all mean? These are the most common methods of paying lawyers. Some stick to one fee structure while others employ a variety. The type of law they practice usually dictates how a lawyer is paid. Estate planners and family law attorneys often charge flat fees for some of their services. Personal injury attorneys generally work on a contingency basis. Criminal defense lawyers and civil litigators often take retainers and charge an hourly rate. There are exceptions to these generalizations, of course, and other factors apply, such as the simplicity or complexity of a case, and how many hours it may take. …
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Don’t Let These Two Imposter Scams Fool You
The IRS Imposter Scam Calls from the IRS can be scary especially if the person on the other end of the line threatens to arrest if you if you do not immediately pay your unpaid taxes. This scam is on the IRS’ “Dirty Dozen” list which is a list of scams involving the IRS. Many of the other scams on the list are aimed at taxpayers who try to cheat the system, whether it’s hiding their money in off-shore tax shelters or falsely inflating refund claims. However, this one is aimed at scamming the taxpayer, not the IRS. According to the Treasury Inspector General for Tax Administration (TIGTA),…
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Don’t Let Legal Liability Cast a Shadow on Viewing the Solar Eclipse
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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Lindley Law is Proud to Announce Our New Office Location
Lindley Law is taking the next step towards becoming Charlotte’s premiere boutique litigation firm. With the purchase of 326 West Tenth Street in the historic Fourth Ward neighborhood of uptown Charlotte, Lindley Law will have space for growth and development. Conveniently located between exits 3B and 4 off I-277, it is only a mile and a half from our current office location and two blocks from Fourth Ward Park. Our moving date is to be determined, but will occur between mid-September and mid-January. There are fifteen offices total within the building, though Lindley Law will only occupy a few of those at the onset. The remainder will be rented…
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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…
