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Fay & Grafton is an Immigration and Criminal Defense firm with offices in Raleigh and Asheville, North Carolina. We have been in business in Wake County in the same location on South Saunders Street since 2005. In 2016, we expanded and opened an office in Asheville in the Biltmore building on Pack Square. William Fay is in our Asheville office. He handles criminal matters ranging from major felonies to simple traffic tickets in Buncombe County and the surrounding area. He volunteers his time with Buncombe County Teen Court, coaches the Buncombe County Mock Trial team, and serves on the Continuing Education Committees for both the North Carolina State Bar Association and the North Carolina Advocates for Justice. Rebekah Grafton manages our immigration practice. Rebekah joined us from her position as a Trial Attorney with the Department of Homeland Security in the Immigration and Customs Enforcement Division. Prosecuting Immigration matters for ICE, Rebekah gained a unique insight into the intricacies of Immigration Law, litigating before both Immigration Judges and the Board of Immigration Appeals. She is often referred difficult cases from other practicing Immigration Attorneys who have hit what they consider to be dead ends. Ana Nuñez manages our Raleigh Criminal […]
Young Law Offices, PLLC(919) 758-8644
Young Law Offices, located in Raleigh, NC offers a comprehensive range of family law services from advice and counseling from the simplest to the most sophisticated and complex family law matter including negotiating agreements, mediating disputes, and litigation involving: Premarital, Postnuptial and Property Settlement Agreements Divorce Child Custody Child Support Spousal Support (Post Separation Support and Alimony) Equitable Distribution (Property Division) The separation and divorce process can be very complex, whether it involves a modest financial situation or more high-income individuals. These can include individuals who work for employers or are self-employed. We have the resources, experience, and presence necessary to resolve both simple and complex divorce matters in a timely, cost-effective manner whether your case requires an attorney to prepare to proceed with litigation and/or trial in order to protect a client’s financial situation, while at the same time pursuing an amicable and expeditious resolution of the matter. Reaching a settlement may not always be an option, but under either scenario, we ensure that the client understands the financial landscape of the marital estate and the emotional toll of separation and divorce on the family.
Blue LLP(919) 833-1931
Downtown Raleigh law firm of Daniel T. Blue Jr., Dhamian Blue, Daniel T. Blue, III and Jenna Blue focused in the areas of Business Law, Federal and State Criminal Defense, Commercial and Residential Real Estate, Appeals, and Personal Injury/Wrongful Death.
Thomas Felling – Clayton, Myrick, McClanahan & Coulter, PLLC(919) 688-8258
Thomas Felling is an attorney with Clayton, Myrick, McClanahan & Coulter, PLLC. Thomas’ areas of practice include workers’ compensation, personal injury, including vehicle accidents, wrongful death, slip and fall, and premises liability. Thomas received his Bachelors degree in Political Science from North Carolina State University. He received his Juris Doctor degree from the Norman Adrian Wiggins School of Law at Campbell University. While at Campbell, Thomas completed the Advocacy Track course of study which rigorously prepares the student for the demands and complexities of litigating cases in the North Carolina court system. Shortly after graduating and passing the bar exam, he worked for a well respected insurance defense law firm representing insurance companies and their insureds in court rooms statewide. He now focuses his practice exclusively on representing injured workers and people injured by the negligence of others.
Couch and Associates PC(919) 688-8786
General practice law firm located in Durham, NC. Using Christianity as our foundation, and justice as our drive, Couch & Associates has been serving the community for over 20 years. We live, work, and believe in our community.
Daphne Edwards – Cheshire Parker Schneider & Bryan(919) 901-7336
Daphne Edwards focuses exclusively on family law, specializing in child custody and complex property division, post separation support, alimony, and child support. Ms. Edwards has been practicing law for almost twenty years, having clerked for Justice Bob Orr of the N.C. Supreme Court and Justice Proctor Hug, Jr., of the U.S. Court of Appeals for the Ninth Circuit. Her twin goals for every client are to get the client the remedy sought for the most affordable cost. She works vigorously to settle cases which can be negotiated to her client’s satisfaction, but is a seasoned trial attorney who fights ardently for her clients in court.
The Law Offices of Emily M. Tyler(919) 480-2354
Raleigh practice of Emily Tyler focused exclusively in family law. Emily has two guiding principles that shape that way she practices law: 1) Giving clients information and advising them on the law to enable them to make informed decisions and 2) representing the client’s best interest in a cost-effective manner. Emily is a Board Certified Specialist in Family Law and is recognized as a Rising Star by SuperLawyers.com.
Law firm with offices in Cary and Raleigh, focused in criminal, driving while impaired and civil litigation. Western Wake Law Group offers you a wide range of professional, individualized legal services. We integrate highly skilled, experienced legal representation with a practical approach to solving your legal problems. Western Wake Law Group attorneys and staff take pride in serving you with professionalism and a commitment to individualized attention specific to your needs. We proudly represent client in the following practice areas:
Garner based general practice law firm serving clients in Raleigh, Garner, Clayton, Smithfield and surrounding counties. We offering representation in the following areas: Civil law Bankruptcy Adoptions Criminal law/Traffic Domestic law Real Estate Closings
Walls Law Firm(919) 647-9599
The Walls Law Firm is a North Carolina firm assisting families and business owners in achieving peace of mind through business and estate planning. With a client-centric approach, Walls Law assists North Carolina families and business owners with business formation and succession planning, estate and legacy planning, incapacity and disability planning, kids protection planning, retirement and senior adult planning, and trust and estate administration. Our mission and purpose is to assist our client achieve peace of mind through planning, protecting, and preserving.
Greensboro firm focused in family law including divorces, alimony, equitable distribution, child support, child custody, and adoptions.
What You Need to Know About Consultation Fees in North Carolina
The expense involved in hiring an attorney is one of the biggest stressors for clients. It is not uncommon for clients to call several law firms to ask about the attorney’s initial consultation fee before making an appointment. While there is no universal rule regarding consultation fees, below are some factors to consider the next time you need to make an appointment with an attorney. Free Consultations: Attorneys will often offer free consultations in areas of practice where it is common place to be hired on a contingency fee basis (i.e. the attorney is not compensated unless you win your case). For that reason, do not expect to pay for an initial consultation in personal injury, workers’ compensation or social security disability cases. Criminal defense and bankruptcy attorneys typically offer free consultations as well even though they are not usually hired on a contingency fee basis. Option for Credit Towards Retainer: Even if a consultation fee is charged, the attorney may credit the consultation fee to the retainer once the client retains the attorney’s services. Make sure to ask the attorney if he or she is willing to credit the fee but do not be surprised if the answer is […]
What Factors a Judge Might Consider in Determining Child Custody
While it is preferable for parents to reach an agreement on child custody, sometimes it is necessary to have a child custody trial because the parties are at an impasse or one parent believes the other parent should not have custody for good reasons. (i.e., such as one parent has harmed the child in the past or puts the child at risk or there has been domestic violence in the home) When a custody trial is necessary, the judge will award custody based on what the judge believes is in the “best interest” of the child. Some of the factors judges may consider in child custody proceedings that relate to the “best interests of a child” include: the needs of the child and each parents’ respective ability to meet those needs; the child’s relationship and bond with each parent; the child’s relationship and bond with any siblings or other children or relatives in each parents’ respective households; the parents’ ability to co-parent and work together on child related issues; the work schedules of each parent and their availability to care for the child and spend time with the child; how well the child performs under the care of each parent, […]
All About Business Insurance: Professional Liability Insurance
If you own a business or are thinking about starting one, business insurance is an essential cog in protecting your company. We have a soft spot for entrepreneurs and have written helpful guides catered towards people venturing into self-employment for the first time. Now we’ve partnered with Embroker for a 4 part series on different types of business insurance and why it’s a necessity to protect your business. Part two deals with professional liability insurance, what it is and whether you need it. Check back over the next weeks for more information on what can be a confusing part of running a business and in case you missed Part I on workers’ compensation insurance, check it out. Professional Liability Insurance: The Basics If you’re just starting out in a new career or building a company for the first time, you probably have a General Liability (GL) insurance policy or Business Owner’s Policy (BOP). You may have also heard about a distinct kind of coverage called Professional Liability (PL) insurance, which is often considered a must-have for both individual professionals and businesses. What is Professional Liability insurance? Professional Liability insurance goes by different names in various professional circles, including Professional Indemnity, […]
What You Should Know About the Upcoming Changes in Estate Planning Law
North Carolina law governing power of attorneys (POAs) is changing in a big way. North Carolina has adopted a revised version of the Uniform Power of Attorney Act. The changes go into effect beginning January 1, 2018 and will completely overhaul this area of estate planning. Below are some highlights of the changes: The Act repeals (most of) Chapter 32A and enacts Chapter 32C. Chapter 32A of the NC General Statutes currently governs POAs. However, once the new law goes into effect, Chapter 32C will mostly govern POAs. Article 3 and Article 4 of Chapter 32 will continue to govern Health Care POAs as well as consent to health care for minors. The Act applies to all POAs (with some exceptions). The Act will apply to all POAs created before, on or after January 1, 2018 unless the POA provides a clear indication of contrary intent or the application of the new law would substantially impair the rights of a party. Additionally, if a POA was created prior to January 1, 2018, N.C.G.S. 32A-2 still governs the authority of the powers conferred in the POA. All POAs are durable unless stated otherwise. The new Act defines a durable […]
All About Business Insurance: Workers’ Compensation
If you own a business or are thinking about starting one, business insurance is an essential cog in protecting your company. We have a soft spot for entrepreneurs and have written helpful guides catered towards people venturing into self-employment for the first time. Now we’ve partnered with Embroker for a 4 part series on different types of business insurance and why it’s a necessity to protect your business. Part one deals with workers’ compensation insurance, what it is and whether you need it. Check back over the next weeks for more information on what can be a confusing part of running a business. Workers’ Compensation Insurance – Introduction Imagine one of your employees accidentally takes a tumble down the stairs at work and he breaks his leg. Or another employee accidentally throws out her back lifting some heavy office equipment. Workers’ Compensation insurance (also known as “Workers’ Comp”) protects your business from incidents arising out of and in the course of employment without adding extra financial burden to your business. Every business that employs people has to deal with the issue of Workers’ Compensation. This study found that 35 percent of employers are more concerned about workplace safety than any […]
Your Agreement to Arbitrate May Not Be Enforceable
The medical profession and their insurance companies, prefer the process of arbitration to resolve disputes rather than the normal litigation process. Arbitration is an alternative to regular litigation as it is often cheaper and is usually confidential. It has become a common practice to slip an agreement to arbitrate into the paperwork a patient signs before consulting with a doctor or before a surgical procedure. When an agreement to arbitrate is signed in a situation like this, is it enforceable? Maybe not. In a recent North Carolina Supreme Court decision, King v. Bryant, the Supreme Court ruled the agreement to arbitrate was unenforceable. In King v. Bryant, the court ruled that a fiduciary relationship was created between Mr. King and his doctor. A fiduciary relationship is one in which confidence is entrusted to one party, giving that party superiority and influence over the other person. When a fiduciary relationship is created, the fiduciary must act in good faith and in the interest of the person he or she has created the relationship with. Another example of a fiduciary relationship is the attorney-client relationship. The attorney must act in good faith and in the client’s interests. Because a fiduciary relationship was […]
5 Questions to Ask Before Declaring Bankruptcy
If your financial situation has gotten out of hand and you’re thinking of declaring bankruptcy here are 5 common questions to ask. Bankruptcy can be a long arduous and expensive process so becoming informed might save you some time and money on the front end. 1. Chapter 7 or Chapter 13? If you file bankruptcy, it will either be done under Chapter 7 or Chapter 13. Chapter 7 bankruptcy is designed to be a true discharge of debts but any assets you own are more at risk of being sold to pay your debtors. Chapter 13 bankruptcy is designed to provide more protections to your assets but you will have to enter into a repayment plan with the court. There are pros and cons to both options so you should speak with your attorney about how filing either will affect you in the short and long term. 2. Do I qualify for bankruptcy? To file under Chapter 7, you must qualify using a “means” test. Basically, the court will look at your monthly income to determine if it is more or less than the median income for your household size in your state. If it is less, you will qualify. […]
North Carolina Raises the Age to be Tried as an Adult
Recently, North Carolina passed the Juvenile Justice Reinvestment Act which raises the age a person may be tried as an adult in North Carolina. Before the bill was passed, and since 1919, it has been mandatory in North Carolina to try juveniles ages 16 and 17 as adults. The bill is the result of bipartisan efforts to raise the age juveniles can be tried in adult court. The effort began after the North Carolina Commission on the Administration of Law and Justice (NCCALJ) released its Juvenile Reinvestment Report, concluding juvenile rehabilitation in juvenile court would reduce crime and save North Carolinians money in the long-run. Beginning December 1, 2019, all 16 and 17 year olds charged with a crime, with some exceptions, will be prosecuted in juvenile court. If a 16 or 17 year old is charged with a motor vehicle offense, he or she will be tried in adult court. Additionally, if the juvenile is charged with a Class A-G felony, the charges will be transferred to adult superior court upon the notice of an indictment or a finding of probable cause by the court. Once a juvenile has been convicted of any offense in adult court, even a […]
What is a Permanent Civil No Contact Order
In 2015, the North Carolina General Assembly enacted N.C.G.S. Chapter 50D into law. Chapter 50D allows victims of sexual assault to obtain a permanent civil no contact order against their assailant which lasts for the life of the assailant. There are some limitations. To begin with, the statute only applies to respondents who have been convicted of a criminal offense in North Carolina which requires he or she register as a sex offender. Additionally, the crime must have occurred in North Carolina. Lastly, the plaintiff seeking the permanent civil no contact order must have been the victim of the sexual assault crime for which the respondent was found guilty. Although, if the victim is a minor or an incompetent adult, an adult who resides in North Carolina by initiate the action on behalf of the victim. Like a Chapter 50B action, it is free to file a complaint under Chapter 50D. Also similar to a 50B, a person who knowingly violates an order is guilty of a class A1 misdemeanor. Lastly, the statute offers the additional protection of allowing officers to arrest the respondent without a warrant if the officer believe there is probable cause he or she has violated […]
You Should Know: 2 Changes to NC Domestic Violence Protective Order Laws
Effective October 1, 2017, NC House Bill 343 goes into affect which provides the following changes in cases where Domestic Violence Protective Orders have been issued. 1. Domestic Violence Restraining Orders remain in effect during the pendency of an appeal. Instead of being stayed, domestic violence protective orders are still enforceable while an appeal is pending. This ensures that domestic violence victims can still enforce an order even if it’s under appeal from a Defendant. Defendants can file a motion with the Court of Appeals to seek a stay of execution which can be allowed if “justice requires.” 2. Domestic Violence Restraining Orders are modifiable for good cause. Previously DVPOs were not modifiable. With the new changes, either party can file a motion to modify a Domestic Violence Protective Order and upon a finding of “good cause” an order can be changed. This can be very useful in cases where a restraining order contains custodial provisions that need to be modified to accommodate changed circumstances. These changes provide more protections for victims of domestic violence, while also allowing for more flexibility as circumstances change during the duration of a DVPO. Contact a domestic violence lawyer if you have questions […]
Open Bar Deals of the Week: 9/7/17
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Other Uses for Qualified Domestic Relations Orders
Qualified Domestic Relations Orders, or QDRO for short are generally used to distribute retirement assets between spouses pursuant to a divorce. That four-letter acronym can create a sense of dread for many lawyers- they’re so technical in nature and well, plain boring! They are also a major area for malpractice for family law attorneys. We’ve all had plan administrators kick back QDROs because of some small typo or not following the model language QDRO to a “T.” We get calls from our clients complaining that they still haven’t received the funds and it’s been months since the judge signed the order. We rejoice when we’re able to use the Fidelity QDRO website that pre-populates the QDRO for you after you answer a series of questions. We usually use these court orders to transfer retirement from one spouse to another, but many might forget they can be used in other scenarios. Pursuant to 29 U.S.C. §1056, a retirement plan can be used to provide child support and alimony payments. In my practice, I’ve had a couple of occasions to use QDROs for past due child support. One of the main differences in using a QDRO to transfer retirement from one spouse […]