Local Counsel in NC Federal Court: Additional Obligations

In North Carolina’s federal courts, local counsel are personally on the hook not only to appear in person at significant proceedings but also for Rule 11 compliance—the latter requiring either direct compliance (in the Middle and Western Districts) or indirect compliance (by ensuring that lead counsel complies with Rule 11, in the Eastern District). You cannot avoid that consequence by getting the client to agree you are not responsible for substantive matters—even though that’s still a good idea. The responsibility arises from your obligation to the court, as an officer of the court, rather than from your obligation to the client.   Read More +

Mommy, how do you make a . . . Bar Grievance? 

I have four children, and they ask the most frustrating questions sometimes.  A recent selection provides a glimpse into the depraved curiosity of their little minds: “Pa, can you kill someone for stealing a scooter?”  “Mommy, why aren’t you as smart as Aunt Tracy?” &l… Read More +

Ukraine: Stay and Remain, Part 2

Thousands of servicemembers have been deployed in response to the Russian invasion of Ukraine.  Naval frigates, surveillance aircraft, artillery units and brigade combat teams are all heading out as part of the first-ever NATO Response Force. Undoubtedly some of the servicemembers (SMs) will be involved in civil cases, administrative legal proceedings, and family law litigation.  Some of these SMs will likely ask the court to freeze the case during a deployment (or any period in which the SM is unavailable due to assigned duties), so the status quo will remain while the SM is not available.   Read More +

Practicing Law in a Post-Marriage Equality North Carolina: Issues Spotting for the Non-Family Law Practitioner

North Carolina’s constitutional ban on same sex marriage, Amendment One, was struck down on October 10, 2014 by Judge Cogburn in Gen. Synod of the United Church of Christ v. Resinger. 12 F. Supp. 3d 790, 791 (W.D.N.C. 2014). Not a full year later, after working its way to the Supreme Court, Obergefell v. … Read More +