March 12, 2019

Being a lawyer requires a diverse set of skills; however, one of the most important skills for our profession by far is the ability to communicate effectively, whether arguing a case in court, questioning a deponent, or writing a brief or demand letter.   Sadly, when the State Bar has collected data on the reasons clients complain about their lawyers, the number one complaint, by far, is that lawyers aren’t communicating enough with their own clientele.

Attorneys simply must communicate with their own clients.  In fact, providing you with advice about how your case is going, your legal rights and positions, and regarding your risks, potential costs, and exposures, is arguably an attorney’s most important job.  After all, having this advice a...

March 7, 2019

We’ve all heard of references to the “bulldog” lawyer, who will bite down the opposition and never let go.  Many people, especially those with a grudge against the opposition, think that such a lawyer is just what they need.  If that’s you, then read on.

The fact is, if what you want is a “bulldog,” then what you probably need instead is a lawyer who is simultaneously aggressive, determined, and professional.  The legal profession–and this is especially true in the litigation arena–has certain inherent tensions involved.  For example, our professional duties mandate that we “zealously represent” our clients, and yet, the profession is also governed by collegiality among those who practice together.

Thus, the lawyer who is exces...

March 2, 2019

One of the most common mistakes that lay people make when trying to find the right lawyer for their case is to assume that one lawyer will be just as good at handling their matter as any other.  The truth is, attorneys vary widely not only in their specialization, but in their skill, diligence, and attention to detail.  Having an attorney on your side who possesses the requisite skills can be the difference between a positive outcome and a disastrous outcome to your legal problem.

Legal work–and this is especially true in the litigation arena–is complex to a degree that most lay people don’t really understand.  Cases have many moving parts, and in order to make strategic decisions, lawyers must assess a variety of factors, including dam...

February 27, 2019

With as many lawyer jokes as there are flying around, it’s no secret that attorneys sometimes suffer a mixed reputation in the wider community. Two predominate factors contribute mightily to this perception: First, there’s the fact that attorney services are extremely expensive and can involve lots of money, a fact that most people expect; but second, and perhaps more importantly, the work that lawyers do is difficult, esoteric, and complex, and therefore hard for the average layperson to understand.

So, between the large amounts of money that changes hands through lawyers, and the knowledge gap between lawyers and their clients, there really are abundant opportunities for deceptive lawyers to take advantage of their clients. While my experi...

February 22, 2019

As I’ve mentioned throughout this website, attorneys vary widely in their specializations.  For an analogy, suppose you’re getting ready to hire a surgeon to operate on your brain. Would you rather hire a neurologist, who specializes in the study of the brain, or would you rather hire an orthopedist, who instead has specialized in setting broken bones?  The choice is obvious.

Unfortunately, the choice is often not quite so obvious in the legal field.  And, just as all doctors must have a strong general understanding of the human body, so too must lawyers have a competent general understanding of the law. But beyond that general understanding, some degree of specialization is a virtual requirement for a lawyer to excel at her or his prac...

February 21, 2019

Attorney Mike Wimer of Asheville Legal, writing as Michael Winstead, recently released a second book in his Ultimate series.

Summary of Ultimate Deception

A Judge holds secret trials in a mobile courtroom. A prosecutor is blinded by revenge. A Russian spy embedded in America weaves a web of deception and carries out acts of terrorism. The secret tribunal, led by Judge Raleigh Westlake, must confront enemies from within. Their quest for justice for innocent victims leads them straight into the path of a Russian terrorist. As they become the targets, the cabal must confront their most difficult dilemma. Do they save themselves, or an innocent man?

Ultimate Deception is now available in both paperback and Kindle version on Amazon. Click...

January 23, 2019

Many new businesses choose to structure their company as a Corporation or an LLC because of the benefit of limited personal liability for shareholders or members. The general rule is that these entities are separate and distinct from their shareholders, and individuals are not personally liable for the obligations of the entity. However, there are circumstances when individuals can be held liable on behalf of the entity through a theory called “piercing the corporate veil.” In Glenn v. Wagner, the court stated that the corporate form will be disregarded “when it is necessary to prevent fraud or to achieve equity.” Also, a shareholder cannot use the corporation to “shield criminal wrongdoing, defeat public interest, and circumvent public pol...

August 31, 2018

In the realm of legal terms, you may have heard the term “Fiduciary Duty” but have been uncertain as to what it actually means. You are probably not alone because even our courts have trouble defining and applying it. Fiduciary duties refer to the manner in which fiduciaries must treat those who they owe the duties to in the course of business. A fiduciary duty demands trustee-like behavior that exceeds the standards of the market place. For a fiduciary duty to exist, however, there must first be a fiduciary relationship.

So, what is a fiduciary relationship? Courts have generally declined to define “fiduciary relationship” because attempting to define such a broad term may exclude “any relation that may exist between two or more persons wit...

August 21, 2018

One of the first and most important decisions facing a new business is choosing the right organizational structure. Owners must take into consideration factors such as, taxes, personal liability, and complex business formalities. There are several types of business structures, and the most common types are discussed below.

Sole Proprietorship

The sole proprietorship is a business owned and operated by a single individual. There are no filings required to form a sole proprietorship, it simply forms when an individual engages in business for profit. The sole proprietorship is not a separate legal entity, so the owner and the business are essentially the same person. This means that profits are taxed as the owner’s income. Also, this means that...

July 18, 2018

In a recently decided case, the North Carolina Court of Appeals reinforced the

maxim that resting on your legal rights will lead to a waiver of those rights. Unifund CCR, LLC v. Isabelle Francois, involved a “debt buyer’s” lawsuit to collect on old credit card debt.

The creditor sued Ms. Francois for $4,618 on credit card purchases that were more than three years old.  The complaint stated, apparently in error, that the suit was filed within the statute of limitations (three years).   Francois did not answer the lawsuit.  When the creditor appeared before Judge Becky T. Tin to obtain a default judgment, Judge Tin refused to hold Francois liable for the debt, finding that the debt was incurred more than three years prior to the suit, and that...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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