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LEGAL TRENDS, ODDS & ENDS:
Insights to Changes in North Carolina Law April 2010 |
Ah, Spring... when a young man's fancy turns to thoughts of law. (OK, that was a really lame April Fools joke. Tennyson of course famously wrote that young fanciful men turn to "thoughts of Love" during the spring and not law, but as readers of the recent special Valentine's edition of LEGAL TRENDS know, those two terms are often confused!)
In this e-dition, you can call it March Madness or April Fools, but there's even more information now to show that anyone who tries texting while driving is just plain nuts! More pleasant spring temperatures may seem like a more pleasant time to resolve disputes, legal or otherwise, so I've included some advice on how to pick the right mediator
If this spring finds you contemplating any legal questions, I hope you won't hesitate to contact us.
 Mike Daisley
WELLS DAISLEY RABON, P.A. 1616 Cleveland Avenue
Charlotte, North Carolina 28203
phone: (704) 375-1800 
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 More Bad News on Driving While Distracted
Texting when driving is STUPID and DANGEROUS...
and now ILLEGAL!
For many folks these days, especially teens, "texting" has become THE preferred method of communicating. A mere 363 billion texts in the U.S. were sent in 2007, but that's so last decade. By the end of this year, as many as TWO TRILLION text messages may be sent.
While it is a convenient and quick way to send information, more and more research is showing that it is also DEADLY -- especially when teens attempt to text while driving.
A recent Virginia Tech study using in-car cameras showed that drivers who talked on a cell phone were 1.3 times more likely to have a wreck (bad enough), drivers while texting were 23.2 times more likely to wreck! A Clemson University study that measured left-of-center driving showed that texting led to a 10% increase in leaving one's lane.
Showing the links here might be a good start, as well as some of the information about drunk driving on our law firm's website. And remind them that North Carolina became state #14 to ban texting by ALL drivers (that includes you, too, Mom & Dad). |
Mediation Matters
Picking the right mediator can make the difference between
settling your case and going to trial.
If you are ever involved in a civil case in North Carolina, you will almost certainly be required to go through the process of "mediation" before you can get to the courtroom.
A recent online article had a number of good "handy hints" for choosing the right mediator, but having conducted hundreds of mediations myself (both as certified mediator and a party's advocate), I think here are the points that are most valuable:
- Talk to your lawyer. Ask questions about the mediation process, and which mediators have the best insights and temperament.
- How long has the mediator practiced? Experience is, in my opinion, the most important factor. But it's not just about the quantity of years, but the quality of the mediator's experience in your type of case. A $450/hour thirty-year veteran of medical negligence cases may not prove all that helpful in a child custody case.
- How much does the mediator cost? It is a very fair question, and one to ask BEFORE making a selection. How much is the Administrative Fee? Is there a "minimum" that the mediator charges? But don't be swayed by the fee; higher is not necessarily better. (As a reference, a Court-selected mediator is paid $150/hour per statute. The highest I know of is $425/hr with a 4-hour minimum. My fee is $250/hr.)
- Word of mouth - Talk to others who have used that mediator. Was that person a good listener? A good communicator with the other side? A confidante of secrets that one side didn't want disclosed to the other? A creative problem solver?
Come to think of it, those are probably good qualities for your lawyer to have as well. |
Just for fun, try dislodging a Metaphor...
A slight twist of the tongue can make all the difference.
The "tool box" of a civil trial attorney should include include stories, parables, proverbs, analogies, and old sayings that make plain fairly complex legal issues. We all know that "Honesty is the best policy" and the "Ignorance of the law is no excuse."
But what happens when those two truths collide? We get, perhaps, a new kind of truth, as in..."Honesty is no excuse; ignorance of the law is the best policy."
See if these "slightly altered" old sayings still hold true...
"Absolute power is a joy forever. A thing of beauty corrupts absolutely."
"Living well makes the heart grow fonder. Absence is the best revenge."
"Misery doesn't grow on trees. Money loves company."
"Seeing is in the eye of the beholder. Beauty is believing."
and my personal favorite...
"It takes two to raise a child. It takes a village to tango." |
 Community Activities:
Not too late to keep the Classics Alive! Support WDAV-FM.
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| About Our Law Firm:
Wells Daisley Rabon, PA
1616 Cleveland Avenue
Charlotte, North Carolina 28203
(704) 375-1800 fax: (704) 347-0680 | |
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| You're receiving this email because of your or your company's previous contacts with Charlotte attorney Mike Daisley of the law firm of Wells Daisley Rabon, P.A. Its purpose is to provide you and your colleagues and friends with helpful information and general legal insights. This email is NOT intended as a solicitation of representation, nor specific advice for any specific legal problems or issues. |
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