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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‘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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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…
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An Interview With Katherine Cassidy
What are your responsibilities at Lindley Law? My primary title is “Paralegal” but it is certainly not the only hat I wear. My day-to-day includes anything from communicating with clients, processing court filing, scheduling consultations, maintaining our calendar, or even giving potential tenants a tour of our new building. As a paralegal I draft court filings, organize client documents, and prepare exhibits for depositions, mediations, and other hearings. I am often asked, “what is a paralegal” and the simplest explanation is that I provide support for the attorneys and assist in managing the workload that they face each day. Additionally, I am an Office Manager. This means I keep the…
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Holographic Wills and Statutory Requirements to Modify Them
The law distinguishes between typewritten wills, typically prepared by an attorney, and those which are handwritten by oneself. Handwritten wills, known as holographic wills, must meet the statutory requirements set forth by N.C Gen. Stat. S 31-3.4 (2015). These requirements include: (1) the will must be written entirely by hand by the testator; (2) must be subscribed by the testator; and (3) must be found among the testator’s valuable papers or effects. In some cases after a will is drafted, whether by hand or typewritten, the testator my wish to make modifications. An addition or supplement that explains, modifies, or revokes a will, or part of a will, is a…
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A Beginners Guide to Arbitration – Part 2 Pros and Cons of Arbitration
Our June 11th blog post broadly discussed arbitration and the upward trend of including mandatory arbitration clauses in agreements. This week, we analyze the pros and cons of arbitration to elucidate when arbitration clauses are useful and when they are potentially harmful. In arbitration, individuals and entities bring legal claims against one another outside the public court system. Although many aspects of arbitration are similar to a civil court trial, arbitration has a number of key differences. Pros Speed – Arbitration is generally faster than litigation. Whereas litigation often takes years, the arbitration process may only take a few months. However, arbitration can take longer when there are…
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The Buzz About Aldrin’s Competency
On June 7, 2018, Buzz Aldrin, Presidential Medal of Freedom recipient and the second man to walk on the moon, filed a lawsuit against two of his children, Andrew and Janice Aldrin, and his former business manager, Christina Korp. The lawsuit responds to a May 2018 Florida Court filing in which Andrew Aldrin, Janice Aldrin, and Christina Korp requested appointment as Buzz Aldrin’s legal guardians due to Buzz’s “cognitive decline” and his recent episodes of paranoia and confusion. Buzz Aldrin’s lawsuit claims Andrew Aldrin and Christina Korp took control of his “personal credit cards, bank accounts, trust money, space memorabilia, space artifacts, social media accounts, and all elements of the…
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The Right To Teach The Law
Charlotte’s only law school, Charlotte School of Law, closed in August 2017. The news followed multiple years of low bar passage rates and prior disciplinary actions from regulatory authorities, such as probation from the American Bar Association (“ABA”) and revocation of federally funded student loans. Even after closing its doors, Charlotte School of Law remains in the headlines in 2018. Charlotte School of Law is entangled in a number of class action lawsuits with former students who allege the school misrepresented its ABA accreditation status and bar passage rates. Additionally, former faculty members filed a lawsuit against the school for purportedly defrauding taxpayers by manipulating records to increase enrollment and…
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Stormy Daniels and Uber: How Nondisclosure Agreements Affect Your Rights
Lately the term “non-disclosure agreements” (or “NDAs”) have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential. Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages. Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…
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Stormy Daniels and Uber: How Nondisclosure Agreements Affect Your Rights
Lately the term “non-disclosure agreements” (or “NDAs”) have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential. Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages. Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…