Texas lawyer

  First, I would like to extend a warm "thank you" to everyone at the Charlotte, NC firm of   Hull & Chandler, P.A . for allowing me to intern with their firm. Given that I'm someone fresh out of high school with no legal experience, these past seven workdays were eye-opening for me. I have learned many skills of being an attorney and maintaining a law firm that I would never have been able to learn in a classroom setting. Also, thank you for taking the time out of your busy schedule to allow me to shadow or to explain a part of your job description. I will definitely remember this past week when I choose my career or when I consider doing a summer internship when I am in law school. I would definitely say that I accomplished my goal in doing this senior project. Not only have I had the opportunity to shadow lawyers and learn the inner workings of a law practice, but I have begun to contemplate the area of law that I would find most suitable to my personal and profess...

  Earlier in the week, a North Carolina jury delivered a $10 million   wrongful death  verdict against Taser International for an incident that occurred in March 2008 where the victim was tasered after allegedly committing a variety of crimes. The jury determined that the manufacturer of the Taser device failed to warn that discharging the device into the chest and near the heart posed a substantial risk of death. During an unrelated incident on July 20, 2011, a Charlotte man died after being shot with a Taser during an arrest attempt. The arrest and cause of death are currently under investigation. The recent verdict and death has reignited the discussion regarding the use of the Taser device including the reexamination by the Charlotte Mecklenburg Police Department. The department has suspended the use of the device for 45 days to test the weapons to determine whether they are operating properly. I discussed some of the issues that surface when injury or death arises ou...

 Yahoo Sports recently reported that an NBA ref has sued an AP writer over a critical tweet. This lawsuit, and the Yahoo Sports article by Eric Freeman, shows how our perception of Twitter and other social media conflicts with well established law. Defamation laws based primarily on news papers and town squares have not developed to account for social media. According to the article, John Krawczynski, a sports writer following the Minnesota Timberwolves tweeted that Bill Spooner, a long time NBA official, promised coach Kurt Rambis two points in the form of a make-up call in Minnesota's game against the Houston Rockets. According to that article, the Tweet said that "Ref Bill Spooner told Rambis he'd 'get it back' after a bad call. Then he made an even worse call on Rockets. That's NBA officiating folks." In the article, Mr. Freeman opined that the lawsuit was frivolous making an argument that holds weight to twitter users but does not currently have any l...

 Since 2002, estate planning attorneys have been discussing the estate tax repeal, the phase out through 2010 and the "sunset" provisions that would bring back the old tax laws in 2011. In most all conversations it was considered unthinkable that Congress would not fix the estate tax laws to match the system that was in place during the repeal period with a unified tax credit of $3,500,000.00 t0 $5,000,000.00. In fact it was unthinkable that the laws would not be revised before 2010 due to the accounting nightmare that results from a single year with a vastly different tax system. At the time of this blog post, Congress has two months left to fix this issue. For some background, the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), phased out the estate tax with the goal of repeal in 2010. The phase out was implemented by dropping the tax rate (reducing the top rate from 55% to 45%) and increasing the unified credit from 2002 through 2009 (from $...

 It is important now more than ever to ensure that your insurance companies, from auto to medical, are treating you the way you are supposed to be treated. Under the law in North Carolina, an insurance company owes its policy holders a duty of good faith and fair dealing. Good faith is defined as the absence of the intent to defraud or to seek unconscionable advantage. Unfortunately many people are unaware of the standards their insurance carrier should be held to, and are often taken advantage of. If an insurance company violates their duty of good faith, their policy holder may file a lawsuit against them as a tort action as well as a breach of contract claim. It is extremely important to note the tort-contract distinction, because under contract law punitive damages are unavailable. However under a tort claim punitive damages are available, allowing the policy holder to recover an amount larger than the value of the policy. The Law Offices of Hull & Chandler, P.A. often see ...

 While I am sure most people will continue to marry for other reasons, and tax credit dating sites are probably not in our immediate future, estate planning and family law attorney should be aware of a new provision in the latest estate tax law. In particular, the portability of the unified estate tax credit from one spouse to the other. After 10 years of anticipation, and with a full 14 days to spare, Congress passed the Tax Relief Act of 2010, providing some clarity regarding the future of the estate tax. The legislation extends the estate tax through 2012, reduces the top tax rate to 35% and increases the amount excluded from the estate tax to $5,000,000.00 per decedent. If further legislation does not make this law permanent, the pre 2000 tax laws will spring back and the top tax rate will be 60% with an exclusion amount of only $1,000,000.00. It is widely believed that the 2010 act will provide the framework for the estate tax going forward. An interesting addition to the act ...

 As an attorney in Charlotte, NC, I counsel my clients daily about the advantages and disadvantages of taking a case to trial. This past week I had the opportunity to sit on the other side, as I was the Plaintiff in an action to recover my medical expenses from an accident that occurred in 2008 that was not my fault. After two days of sitting in the other chair, I believe I have learned so much more than I ever could have by just trying a case. In the early stages of any case, I always inform my clients of how long the litigation process actually is. Most people do not realize that from the time of filing a lawsuit, it could be anywhere from a year to eighteen months, or more, before we see the inside of a courtroom. Therefore, I always try to make it clear that if it is possible, settlement is the best option. Marital agreements lawyer . However, sometimes settlement is impossible and a lawsuit must be filed. Even after filing a lawsuit, the Court supplies the parties many opport...

 Earlier in the week, a North Carolina jury delivered a $10 million wrongful death verdict against Taser International for an incident that occurred in March 2008 where the victim was tasered after allegedly committing a variety of crimes. The jury determined that the manufacturer of the Taser device failed to warn that discharging the device into the chest and near the heart posed a substantial risk of death. During an unrelated incident on July 20, 2011, a Charlotte man died after being shot with a Taser during an arrest attempt. The arrest and cause of death are currently under investigation. Contract law . The recent verdict and death has reignited the discussion regarding the use of the Taser device including the reexamination by the Charlotte Mecklenburg Police Department. The department has suspended the use of the device for 45 days to test the weapons to determine whether they are operating properly. I discussed some of the issues that surface when injury or death arises ...

  A professional corporation versus a regular corporation - yes, there is a difference. Our Charlotte-based Business Litigation law firm represents a number of professional practices including physicians, dentists, accountants, engineers and other professionals. These clients are often unaware of the different rules that apply to ownership issues for professional practices. Divorce . These rules are important to consider when starting a practice, adding an owner or during succession planning. Chapter 55B of the North Carolina General Statutes provides for professional corporations. While professional corporations are very similar to regular corporations, they differ in that professional corporations do not provide protection for professional liability, they require licensing board approval before creation, and they limit some or all of the ownership and/or management of the company to licensed professionals. For a company to provide professional services it must be a professional ...

 As technology improves, motorcycles like other motor vehicles are becoming safer to operate. One of the most dramatic improvements in motorcycle safety concern upgrades in the braking systems. The changes started with BMW and other European manufactures who started implementing anti-lock braking systems (ABS) in 1989. By 2000, most if not all Japanese manufacturers began offering ABS. In 2008 Harley-Davidson started offering ABS. A study by the Insurance Institute of Highway Safety (IIHS) was released in 2008 which supported the effectiveness of ABS in preventing motorcycle crashes and preventing fatalities as a result of motorcycle crashes. The study by the IIHS begs the question, if motorcycles are safer, why are more injuries being reported? There are several factors which have resulted in more injuries. First, there are more motorcycles on the road than ever before. Motorcycle use is no longer limited to men under the age of 40. More than ever, women are taking to the road a...

 While I am sure most people will continue to marry for other reasons, and tax credit dating sites are probably not in our immediate future, estate planning and family law attorney should be aware of a new provision in the latest estate tax law. In particular, the portability of the unified estate tax credit from one spouse to the other. After 10 years of anticipation, and with a full 14 days to spare, Congress passed the Tax Relief Act of 2010, providing some clarity regarding the future of the estate tax. Contract law in Texas . The legislation extends the estate tax through 2012, reduces the top tax rate to 35% and increases the amount excluded from the estate tax to $5,000,000.00 per decedent. If further legislation does not make this law permanent, the pre 2000 tax laws will spring back and the top tax rate will be 60% with an exclusion amount of only $1,000,000.00. It is widely believed that the 2010 act will provide the framework for the estate tax going forward. An intere...

  A person is faced with many decisions when they decide to start their own business. One of the first and most important decisions that must be made is what type of business structure to go with. There are many variables that go into deciding which structure would be more beneficial. Today we are going to look at the difference between a C-Corporation versus an S-Corporation. The C-Corp is considered the standard corporation, while the S-Corp has elected special tax status by the IRS. However, the special status under the S-Corp is not automatic. One must elect to become an S-Corp, and must do so by filing Form 2554 with the IRS. One of the major differences between these two structures is the way that they are taxed. A C-Corp is considered a separate entity, therefore requiring that they file a separate corporate tax return as well as pay taxes at the corporate level. Divorce lawyer in Texas . In addition, a C-Corp also faces double taxation as the corporation is taxed on its i...

 The formula for Coca-Cola has long been considered the ultimate trade secret. While Coca-Cola could have chosen to patent the formula they use for their product, that protection would only have lasted twenty years and generic coke would currently be undercutting their product. Lawyer firm in Texas . Instead of using the patent process, Coca-Cola took the more difficult, but potentially longer lasting route in protecting their intellectual property by protecting the formula as a proprietary trade secret. A trade secret is defined in North Carolina, as business or technical information, including but not limited to a formula, pattern, program, device, compilation of information, method, technique, or process that: a. Derives independent actual or potential commercial value from not being known or readily ascertainable through independent development or reverse engineering by persons who can obtain economic value from its disclosure or use; and b. Is the subject of efforts that are r...

  The North Carolina Senate recently approved a sweeping overhaul to the state's medical malpractice laws. Senate Bill 33 would limit certain monetary damages for patients who have been injured due to medical malpractice. Under the new law, the standard of malpractice for emergency room doctors would change from ordinary negligence to gross negligence. Proponents of the bill say that these changes are necessary as emergency medicine is a riskier specialty than other areas of practice. Lawyer firm in Texas . However, opponents of the bill argue that by changing the standard to gross negligence, it makes it almost impossible for an emergency room doctor to be liable for their mistakes as it requires willful misconduct. Another controversial provision of Senate Bill 33 places a cap of Five Hundred Thousand Dollars ($500,000.00) for non-economic damages. This does not include medical bills or lost earnings as a result of the medical malpractice. Supporters of the bill believe that by ...

  Yahoo Sports recently reported that an NBA ref has sued an AP writer over a critical tweet. This lawsuit, and the Yahoo Sports article by Eric Freeman, shows how our perception of Twitter and other social media conflicts with well established law. Defamation laws based primarily on news papers and town squares have not developed to account for social media. According to the article, John Krawczynski, a sports writer following the Minnesota Timberwolves tweeted that Bill Spooner, a long time NBA official, promised coach Kurt Rambis two points in the form of a make-up call in Minnesota's game against the Houston Rockets. Lawyer firm in Texas . According to that article, the Tweet said that "Ref Bill Spooner told Rambis he'd 'get it back' after a bad call. Then he made an even worse call on Rockets. That's NBA officiating folks." In the article, Mr. Freeman opined that the lawsuit was frivolous making an argument that holds weight to twitter users but doe...

 WRECKamend Car Crash Claim Kit is now available for free on the iTunes App Store. This mobile phone application allows the user to record evidence at the scene of an accident that will be useful in settling their insurance claims. Information collected on the iPhone App is compiled into an accident report that can be e-mailed to your attorney of choice. Features include a camera and voice recorder to assist in collecting statements at the scene of the accident from the other driver or witnesses. The iPhone App includes fields to enter information on the other driver, witnesses, insurance policies and other relevant information for your claim. Lawyer firm in Texas . GPS is used to record the time and location of your incident. In addition to the evidence collection function, WRECKamend iPhone App provides useful information concerning North Carolina automobile insurance, car repair and rental and basic medical questions. With the push of a button the iPhone App connects you with e...

  Lawyers, Inezmarie K. Docar and I. Timothy Zarsadias, with Hull & Chandler, P.A. settled an automobile accident case for $175,000.00. The client in this case was a stone mason who was hired to work on a local North Carolina construction project. While he was working, he left the construction site to pick up materials and was hit by a dump. Our client sustained debilitating injuries as a cause of the accident. Lawyer firm in Texas . He suffered a traumatic brain injury, and has been given a permanent partial disability rating due to the extensive nature of his injuries. In addition, he suffered injuries to his neck and spine which have caused him to have daily chronic pain. The driver of the dump truck claimed that he had a yellow light when he proceeded into the intersection, but our client vehemently disagreed, as he stated that he had the green light when he was struck. Due to the fact that there were no witnesses to the accident, it was just one driver's word versus the...

  A bus accident involving multiple victims can present a variety of complications which are not at issue in smaller vehicular accidents. The sooner an experienced personal injury attorney is retained the better equip the attorney is to maximize the victims recovery. In cases involving commercial buses, critical evidence can be lost or overlooked with the passage of time. Lawyer firm in Texas . In addition, the insurance company for the commercial carrier often has their own attorney on scene before the investigation is even complete. The victims must act quickly to gather the evidence they will need to present a case and assure all their rights are protected from the early stages of the case. An example of this type of case occurred early Tuesday when a bus which originated from Charlotte, NC crashed on I-95 just north of Richmond on its way to New York City. The tragic incident, which killed four and injured over fifty others, is just the latest incident for a troubled bus line ...