In today’s technology driven world it seems our phones are attached to our hips whether we like it or not. We are driven by the accessibility and connection that these tiny machines provide us. But what right do you have regarding your phone after your death? In March, Florida police pulled over Linus Phillips for illegally tinted windows. Upon speaking with Mr. Phillips, Officer Steiner detected the smell of marijuana. However, before Officer Steiner was able to perform a search of the vehicle, Mr. Phillips began driving in reverse. Officer Steiner was dragged by the vehicle before he fired his weapon in self-defense and killed Mr. Phillips. Detectives wanted to…
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Do Not Resuscitate Tattoo Sparks Legal and Ethical Dilemma
Imagine: you are an emergency room doctor and an unconscious 70-year-old man arrives. He has an elevated blood alcohol level, a history of chronic obstructive pulmonary disease (COPD), diabetes, and atrial fibrillation. He has no identification. No friends. No family. He does, however, have a tattoo that reads: “DO NOT RESUSCITATE” along with his signature. Do Not Resuscitate orders (DNRs) are standard in the medical field and often arise in cases of terminal illness or incurable diseases. Many people sign DNRs because they do not want their doctors and family members to keep them alive if they are in a persistent vegetative state with little to no hope of…
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Basic Ethics of Representing Clients with Diminished Capacity
Representing clients with diminished capacity can present a challenge for even the most experienced attorney, and every client and every matter is different. Minors of the same age may have vastly different maturity levels and clients suffering from dementia may have varying symptoms and abilities to recall information or make informed decisions. For example, a fourteen-year-old may not be able to legally enter into a contract, but he or she is likely capable of making decisions and expressing opinions regarding with which parent he or she would like to live. In scenarios involving memory loss, a client may exhibit mental impairment one day and be…
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Discovering Lindley Law, an Interview with Trey Lindley
When founding Lindley Law, my vision was to create a boutique litigation practice known as one of the best in the region for the services we offer, primarily in civil litigation. What separates Lindley Law from other law firms is our dedication to clients, commitment to engaging in meaningful work, and ability to adapt and create solutions for our clients and our business. No law firm exists without clients. We are here to serve them; they aren’t here to serve us. I mean it when I say we hold the needs of our clients paramount. Vigilance is the word…
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North Carolina Business Court Awards Rule 11 Sanctions for Second Time this Fall
The North Carolina Business Court recently entered Rule 11 sanctions against attorneys who relied on inaccurate information from their clients in preparing and filing lawsuits. The decision comes just two months after the NCBC awarded Rule 11 sanctions in a case with similar facts (which we summarized Here). In the most recent decision, the client, John Mauney, represented to his attorneys that he was a manager and member of NC Bioremediation, LLC, and therefore had authority to file a lawsuit on the company’s behalf.[1] In fact, Mauney was not, nor had he ever been, a member or manager…
