Copyright © 2011 Steven A. McCloskey, Attorney At Law. All Rights Reserved.
Appealing a case to the North Carolina Court of Appeals or the North Carolina Supreme Court can be a daunting process. The Rules of Appellate Procedure are complicated, and a mistake can be fatal to a party's case. I have personally appealed several cases to the North Carolina Court of Appeals, and have assisted other attorneys with their appellate cases by conducting legal research and drafting briefs and motions.
I have practiced bond forfeiture law since 2004. Originally, I represented a school board in the Piedmont Triad. Since 2005, however, I have represented bail agents, bondsmen, and sureties at their hearings on motions to set aside forfeiture, and motions to remit. Currently, I am the General Counsel for the North Carolina Bail Agents Association and have advised the Board on several legal issues relating to the bail bonding process. I have also assisted the Board in drafting legislation for the benefit of the members of the NCBAA.
Business law encompasses many diverse, but related, areas of law, including: forming the appropriate type of business entity, negotiating deals, drafting contracts, employment law, advising corporate boards, and litigating business disputes.
A contract is an agreement between two or more persons or entities, to do, or not to do, some thing, or things. There is a common misconception that contracts must be in writing to be enforceable. In fact, many, if not most contracts are verbal. However, it is generally preferable that contracts for significant amounts of money be in writing, and some contracts, must be in writing to be enforceable under North Carolina's Statute of Frauds, the most prominent example being a contract for an interest in real property. Drafting a contract can be as much of an art as it is a science.
Estate Planning and Elder Law
Ten thousand of the "Baby Boom" generation - of which I am a proud member (1952 edition) - are retiring every day ! Many are not well-prepared to meet the challenges of retired living. Whether you are already retired or contemplating retirement, protect yourself and your loved ones with an appropriate estate plan. That will certainly include documents such as a Will, an Advanced Directive (also known as a "Living Will"), a Health Care Durable Power of Attorney, and a Financial Durable Power of Attorney. You may want to consider a revocable or "living" Trust, or an irrevocable Trust for asset protection. I hold an LL.M. degree (Master of Legal Letters) in Estate Planning and Elder Law.
Litigation is the process of suing a person or entity. This adversarial process can be costly, and time-consuming, but sometimes, litigation is the only remaining option. This means that there may be other avenues to pursue in order to resolve a dispute before resorting to litigation. I represent plaintiffs and defendants in civil actions, and would be glad to speak with you about your case.
Wills and Trusts are ever more frequently being challenged in court, and this too is a form of litigation. If you wish to challenge a trust or a will (sometimes called a will caveat), or if you are the beneficiary of a trust or will that is being challenged, please contact me for a free consultation.
Personal Injury (Tort Law)
Personal injury law is also known as tort law, and encompasses negligent and intentional conduct by the defendant-tortfeasor. There are many varieties of negligent conduct, including traffic accidents, medical or legal malpractice, slip-and-fall injuries, etc. Personal injury or tort law also includes intentional torts such as civil assault and civil battery, severe emotional distress, slander, libel, trespass and invasion of privacy. There are miscellaneous torts which may be either negligent or intentional, such as dog bites and nuisance. Finally, there are torts which are specific to the world of business, for example, interference with contract and interference with prospective economic advantage. In addition to injuries against one's person, a defendant may be held liable for damage to another's real or personal property. If you need a anywhere in the Piedmont triad, please give me a call.
Real property law includes construction defect litigation, zoning issues, easements, landlord-tenant law, offers to purchase, residential and commercial real estate, the law of condominiums and homeowners associations (including CC&Rs - covenants, conditions and restrictions), and nuisance (the unreasonable interference with one's right to use and enjoy his or her real property). I have written a book on real property which is due to be published by Prentice-Hall in January of 2012. (Although I greatly enjoyed real estate law, I do not conduct real estate closings.)
Steven A McCloskey, Winston-Salem Attorney Practice Areas