March 15, 2020

I am writing this now at the tail end of my first experience in a full-blown trial.  The date is March 2020 and I’ve been practicing law since October of 2013. That’s 6.5 years of practicing as a trial attorney before experiencing my first trial--3 years after we first filed it.  As they say, 95% or more of cases never reach a jury. Looking back, I can tell you this: A trial is a massive production, and the fact that so many cases don’t make it to trial is no surprise.

The trial process is all-consuming for an attorney.  The resources needed to put on a large-scale commercial trial are simply staggering.  For this one, I spent the better part of the month preparing for the ordeal. This requires reviewing and refining discovery responses...

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...

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...

May 18, 2018

Much has been written and opined about regarding the motivations of parties to lawsuits to press litigation or else to mediate a dispute.  After all, understanding these motivations is a key puzzle piece in mediating and settling a dispute.  However, when an insurance company is providing a defense for a party to the lawsuit, the motivations and policies of that carrier are suddenly very different, as they become a prime decisions maker in the dispute.

At Asheville Legal, we most often see insurance carriers paying the defense lawyers for defendant builders in construction defect lawsuits.  This is because commercial general liability policies typically require the carriers to provide such a defense if and when they are sued for neglige...

May 14, 2018

 As I’ve stated in other posts on this site, understanding what motivates another party to settle or litigate a dispute is an essential key to achieving an optimal outcome through settlement, as well as in assessing litigation as a viable strategy.  Generally, there are certain important things you must consider in attempting

First–and this is just the first step–you must have a solid gauge of how strong your case is.  If you’re a plaintiff, you must have a good and accurate grasp of your liability arguments and the extent of your damages.  If you’re a defendant, you need to know how likely it is the plaintiff will win, and the extent of risk if they do.

Second, you must ask who your opponent is.  Are they a large company?  An insur...

March 24, 2018

At the beginning of any lawsuit, there are a multitude of key factors that must be considered. One that clients sometimes overlook, but that is often very important regards the venue–or location and courtroom where your dispute is likely to take place.

For a number of reasons, it is often to your benefit for your lawyer to bring your case in a forum with which the lawyer is very familiar.  For one thing, every county court and federal court has its own particularized and extensive set of rules governing deadlines, various procedures, and methods for submitting and filing materials.  A lawyer who knows these rules is far less likely to be caught off-guard by them and probably has a pro-active game plan designed around them.

Also, lawyers...

January 16, 2017

These days, as trials become less and less common, civil litigants tend to find new playing fields on which to test their adversarial mettle.  The most common of these is known as the deposition.

A deposition is an important discovery tool in which a litigant forces another person--an individual or business entity--to sit down and answer a long series of questions about the lawsuit.  During the process, a court reporter takes down every word that is exchanged, and later creates a transcript of the exchange which can be used for evidentiary purposes at a later date.

Depositions are critical events in virtually every civil suit because they typically result in an evidence record that is rich with critical facts.  The questions are asked directl...

January 7, 2017

If you’ve followed along with our blog, then you’ve probably learned that litigation can be very expensive.  As true as that is, one of the best things about civil legal disputes is that there are always opportunities to settle these disputes–including before the case ever gets started.

Sometimes all it takes is for one party to serve a demand letter, and make a reasonable request to settle the dispute without resorting to litigation.  A demand letter is a carefully drafted letter that usually has a certain number of components, including:

-  A statement of the claims the person has;
-  Factual and legal arguments about the strength of those legal claims;
-  A factually supported statement regarding the extent of damages;
-  A demand for dama...

January 2, 2017

Every client wants to know the answer to this very question, and wants to know it as early as possible.  Lawyers are expensive, and it’s both fair and reasonable to ask your attorney up front what the representation is likely to cost you. Unfortunately, due to the unpredictable nature of civil litigation, it’s often very difficult for trial lawyers to provide you an estimate with any degree of certainty. But, there are some principles that you can employ to help you understand what your matter is likely to cost.  Generally speaking, the cost of the representation is going to be a function of the following factors:

1.  The complexity of your legal matter;

2.  The amount of the damages at stake; and

3.  The personalities of the key players...

December 29, 2016

If you’ve followed along with our blog postings, then you know that a complaint is the first major document a party files in court, and it sets forth why the plaintiff is entitled to relief.  But what happens when the complaint is inadequate and fails to set forth a right of recovery?  That’s when the complaint is subject to a motion to dismiss.

A motion to dismiss is a request by the defendant who is sued to eliminate some or all of the plaintiff’s claims before the lawsuit really gets off the ground.  In North Carolina, the moving party must show that the facts of the complaint--if taken as true--fail to establish a right to recover.  This typically happens in one of two different ways.

First, a claim may be subject to dismis...

Please reload

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

  • YouTube Social  Icon
  • Facebook Social Icon

©2020 by Wimer Snider, P.C.

site by web star