Members
3/15/10
Working with Your Lawyer
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The key to any successful attorney-client relationship is communication. Communication creates trust, and being represented by an attorney you can trust to handle your legal matter is of paramount importance. Unfortunately, the time demands placed on the lawyer and frustration and misunderstanding on the part of the client can cause a breakdown in communication and erode the trust in the relationship. This can in some circumstances cause severe and hazardous consequences to the client's case. Fortunately, however, there are things both the lawyer and the client can do to keep the lines of communication open and preserve the relationship.
Your lawyer should keep you reasonably informed about your case. This should include providing you with periodic updates on the case's progress and explaining to you what unfamiliar events and terms mean. If you haven't heard from your lawyer and you would like to know what is going on, don't be afraid to call and ask. Keep in mind, however, that any type of litigation can be time consuming and a certain amount of patience is necessary. Your lawyer should also include you in the decision-making process. You should also know that certain decisions, such as whether to settle your case, are solely yours to make.
Communication is not solely the responsibility of the lawyer. You as a client should also undertake steps to ensure that your lawyer knows what is going on with you and your case. Lawyers are trained to determine what facts are significant and insignificant to your legal claim. If you have information that you think might bear any relevance to your case, then make sure to share that with your lawyer and let them make the decision whether it is useful. You should always err on the side of full disclosure so that your lawyer knows all the relevant facts and can prepare your case accordingly. You as a client should also timely provide your lawyer with any information they request to enable your lawyer to meet deadlines imposed by the courts.
Working with your lawyer should not be just an added hassle to deal with in the pursuit of your case. Keeping the lines of communication open will help ensure that you have a successful and fruitful working relationship.
Posted by liz at March 15, 2010 8:55 AM EDT
3/5/10
In Memoriam: Howard Twiggs 1932-2010
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NCAJ President David Pishko announced the very sad news of the passing of Howard Twiggs yesterday, March 4, 2010. NCAJ members are expressing their love and gratitude for the life of this great trial lawyer and advocate who spent a lifetime fighting for the civil rights of all people.
It is my sad duty to report to you that Howard Twiggs, a President Emeritus of the North Carolina Advocates for Justice, died this morning. Howard was our eighth President and a past President of the Association of Trial Lawyers of America. He was a giant of the plaintiffs' bar and a constant reliable source of sage advice and inspirational leadership to our organization. He will be greatly missed. More details will follow.
Regards,
David Pishko
NCAJ President
Read what NCAJ members are saying about Howard's life and legacy.
To read Howard's full obituary, click here.
Howard Twiggs' family will receive friends at his home at 817 Blenheim Road, Raleigh, North Carolina on Friday, March 5th from 6:00 pm until 8:00 pm, and on Sunday, March 7th from 3:00 pm until 6:00 pm. A memorial service will be held on Monday, March 8th at 3:00 pm at St. Michaels Episcopal Church, 1520 Canterbury Road, Raleigh, North Carolina, 27608. Following the service a celebration of Howard's life will be held at 4:30 pm at the Cardinal Club, 150 Fayetteville Street, 28th floor, Raleigh, North Carolina. Memorial gifts may be made to The Pound Civil Justice Institute (Howard Twiggs Memorial Fund), 777 Sixth Street, N.W., Washington DC 20007; to the Capitol YMCA in Raleigh, or to the Wake County SPCA.
Posted by liz at March 5, 2010 11:24 AM EST
2/22/10
Consumer Economic Protection Act of 2009
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On September 9, 2009, the livelihood of debt buyers (persons or companies who acquire delinquent or charged-off debts and seek to recover on these debts) in North Carolina was dealt a big blow by the North Carolina General Assembly. The Consumer Economic Protection Act of 2009 requires debt buyers filing lawsuits on unpaid debts to provide specific documentation showing they have the legal right to enforce the debt. Additionally, the Act requires debt buyers to verify the amount of the debt. The Act places the burden of proof on the debt buyer from the very beginning of an unpaid debt lawsuit. Violations of the Act can result in dismissal of the lawsuit and provision of monetary damages to the debtor.
Unfortunately, debt buyers, agencies, and collectors who filed suits prior to October 1, 2009 are not subject to the Act and many use this fact to take advantage of unsuspecting debtors. These debt collectors often lack many of the documents and evidence to fully prove the nature and amount of the debt they claim they are owed. Often debt buyers try to recover on debts that are outside of the statute of limitations or that were paid in full by the debtor. Even in the case of legitimate debts the debt collectors sometimes play fast and loose with the facts and the law in an effort to obtain judgments and exert further pressure on the debtor. The new law, which can be viewed here, is meant to help level the playing field for the debtor and encourage fair debt collection practices by debt buyers and collectors.
We should all pay our legitimate debts but debtors have rights too. State and federal law provide certain protections for the debtor and attempt to even the playing field. If you feel that you are being abused or harassed by a debt collector do not give in to the pressure and agree to pay the debt. Contact an experienced lawyer and discuss your situation.
Posted by liz at February 22, 2010 8:24 AM EST
2/2/10
Toyota's 6M Vehicle Recall
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Over the last six months, Toyota has recalled approximately 6M vehicles due to reports of sudden unintended acceleration (SUA).
Obviously, many vehicle owners are probably wondering what they should do if their vehicle surges out of control or accelerates without any way to stop the car before their vehicle is fixed by the dealer.
Click here for advice from experts, and it should go without saying that if you get a recall notice, please take your vehicle in immediately for the recommended fix. But if your car suddenly accelerates and the throttle won't stop, the link above provides information about the recommended way to avoid accident or injury.
Posted by liz at February 2, 2010 3:06 PM EST