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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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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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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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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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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The Laws About Leaving Your Dog In The Car
Charlotte weather is known for being wildly unpredictable. Think back to January when it was 70 degrees one day and snowing the next. The only certainty in Charlotte’s weather is that the summer will be HOT. One issue discussed each summer is the protection of our pets on those hot summer days, specifically when pets left in hot vehicles. Every staff member at Lindley Law, PLLC is a proud dog owner and many days in the office we celebrate bring your pup to work day. Charlotte is one of the most dog friendly cities around, leading to Charlotte Magazine articles titled, “Are Dogs Replacing Kids”. We understand the desire to…
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Happy May!
It’s hard to believe we have been in our new location for a month! We made the move from our previous location on McDowell Street to a beautiful converted historic home in Fourth Ward and are enjoying all the charm the area has to offer. The new space also provides us with plenty of room to grow! There are six offices available for lease, and we look forward to meeting potential tenants. If you are interested in renting one or more of the offices, please give us a call at 704-457-1010. This week the firm enjoyed attending the Mecklenburg County Bar’s Law Day Luncheon. We are proud to have had…
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Florida Detectives attempt to unlock a cell phone with a dead man’s finger
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…