I am a proud UNCG Spartan and while my alma mater has its share of challenges there are also many great stories and accomplishments. I challenge all my Spartan friends to stay abreast of what is going on at our alma mater on the news side, academic side, sports side, arts side, and otherwise. There are many points of pride and opportunities for us to celebrate and promote the institution that afforded us so much.
I hear some alumni complain that they do not know what is going on with our alma mater and they are waiting for someone to contact them. No! Do not Continue reading
Hello again and sorry I have not been in touch lately. Been super busy. Was recently in San Antonio for a national consumer law conference which fed me with many new ideas, contacts, and resources to help me serve my clients. Getting ready for a few hearings and two trials in the next 4 months. Still fighting with several vehicle dealers over injustices against several of my clients. And handling a plethora of other cases and responsibilities.
Looking forward to the Thanksgiving holiday so I can spend some time with my family and kick back just a bit. I thank all of you for supporting me over the years (9 as a solo attorney; 19 as an attorney) and look forward to the continued opportunity to serve you and your family and friends. Take some time away this week and spend it with those you love and be thankful for what and who you have in your life. We all wish for more and better but we must first appreciate and understand what we have.
Have a happy and safe Thanksgiving. Travel safely especially those of you who will be on the roads and highways. And be very, very careful if you partake in the Black Friday shopping.
For many areas of the country I understand it is hunting season. I am not a game or animal hunter so I can say no more on that topic. However, there is one type of hunting that never goes out of season Continue reading
Fed up with being limited to having to purchase the DirecTV Sunday Ticket package to watch NFL games–which can now be over $300 per season for some subscribers–several football fans are suing the NFL, CBS, ESPN, Fox, and NBC. The lawsuit alleges these billion dollar entities have conspired to Continue reading
Aside from the world of “Empire” and “How to Get Away With Murder” and other television dramas there is a world of release and recreation which can be a bit more wholesome and not as scripted. It is the world of sports. As many of you know this is a busy
time in the world of sports as the World Series has recently concluded, the NBA and NHL seasons have recently begun, and Continue reading
Many of you may have heard of (or even worse, been a party to) the ongoing problem of junk debt. Simply stated, a junk debt is a debt that is not worth the paper on which it is printed. There are many varieties of junk debts: Continue reading
Virtually every legal matter or case involves discussion of settlement. In litigation, it is almost assured that parties have opposite perspectives on and interests in the resolution of a case. Litigation is usually commenced because one party is willing to place the dispute before a judge or jury for a final decision if a settlement cannot be reached beforehand.
In deciding whether to settle a case and on what terms, one should consider the eventual alternative to a settlement: trial. Going to trial means incurring more costs, more preparation time and work time, the uncertainty of rulings by the judge regarding evidence and witness testimony, and, ultimately, the uncertainty of a jury’s verdict. Weighing these risk factors in your case should sharpen your decision as to whether to settle and on what terms. One key benefit of consulting with an experienced attorney is that you receive an assessment of the relevant pros and cons of your case and the relative likelihood of a positive result. Attorneys have access to jury verdict and settlement information and can even contact colleagues to discuss their experiences in cases such as yours. Attorneys with trial experience can explain the litigation process so you have a better idea as to what it entails. If you are contemplating undertaking legal action, the best time to consult with an attorney is before you file your claim or lawsuit.
While there is nothing inherently wrong with fighting a case on principle, it can cost a lot of money to do so. It is unrealistic to expect a lawyer or her firm to expend money or its time and resources to fight a battle just on principle. Practicing law is a business and if lawyers took too many cases on principle without the client taking stake in the case (i.e. advancing money to be used to handle the case) lawyers would go out of business. Moreover, how many people are actually willing to spend their time and money trying to prove a point? From a legal standpoint, the Bar association in most states (North Carolina is one of these states) requires the client, not the lawyer, be financially responsible for all costs incurred in handling a case.
Settlement can occur at any time even in the midst of trial. In most cases the court will order the parties to participate in mediation while in other cases court rules require the parties to engage in arbitration. Settlement is a preferred alternative to the relative uncertainty of a trial result. If the parties reach a settlement, it provides the freedom to discuss and decide on terms such as payment amount, duration of payments, security interest/collateral, confidentiality provisions, tax implications and structuring of the settlement, secondary considerations (ex: apology letter, changes to one’s credit report) and remedies for breach of the settlement agreement.
At the outset be sure to engage in a meaningful review of the issues in your case and seriously explore the prospects for settlement. It may be the best result for you. And note that as of the time this blog post is being released I am scheduled to begin a trial in a case that just could not be settled. Wish us the best.
A recent article in a local magazine discussed the challenges that face employees and persons who seek to recover unpaid wages and utilize the services of the North Carolina Department of Labor Wage and Hour Bureau. Most of us work hard for the pay we expect to receive and it can be frustrating not to readily collect this money owed. Often the effort to recover the unpaid wages requires the services of an attorney. The North Carolina law regarding unpaid wages allows for the recovery of attorney’s fees.
The O’Neal Law Office handles some unpaid wage claims for persons in the Triad area. If you or someone you know has been shorted on wages do not just “let it go.” Seek assistance either from the North Carolina Department of Labor or an attorney in your local area.
Our military risk their lives and livelihoods to protect the freedoms that we enjoy across the United States of America and its possessions and territories in addition to defending thousands of persons around the globe. It is always disappointing to see military and their personnel be scammed and Continue reading