Showing posts from January, 2024

Two Judges from Mecklenburg Admit to Breaching Notary Regulations

  On Friday, two judges from Mecklenburg County admitted to minor offenses related to notary public duties. District Court Judges Roderick Davis and Shanté Burke-Hayer faced these charges for actions that occurred prior to their election, specifically during a time in May 2022 when they shared office space, as stated by their attorneys in court. The North Carolina Department of the Secretary of State initiated an investigation following a complaint from one of Burke-Hayer's clients. Judge Davis acknowledged his guilt for performing an oath without the presence of the principal involved and for two instances of acknowledging documents without the principal. Similarly, Judge Burke-Hayer admitted to assisting in the administration of an oath and acknowledging documents without the principal's presence, totaling two counts for each action. Her lawyer, Harold Cogdell Jr., mentioned in a press release that Burke-Hayer was involved in the notarization of three documents without the si

Understanding Attested Written Wills in North Carolina

  When it comes to planning for the future, especially in terms of what happens to our possessions after we pass away, having a will is crucial. In North Carolina, the law provides specific guidelines for creating a valid will. One type that is commonly used is known as an "attested written will." But what does that mean, and how do you ensure your will meets the legal requirements? Let's break it down into simpler terms, referencing the North Carolina General Statutes, specifically G.S. 31-3.3. What is an Attested Written Will? An "attested written will" sounds complex, but it's actually straightforward. In layman's terms, it's a will that you write down and then have witnessed by others according to the law. North Carolina's statutes lay out clear rules for how this process should happen to make sure your will is legally binding. This is important because it helps prevent any disputes over your will after you're gone. The Legal Requirements

NC Lawsuit: Can Non-Lawyers Speak the Law? First Amendment Clash Over Legal Advice

  A new lawsuit filed in federal court argues that the North Carolina’s prohibition on nonlawyers providing limited legal services violates the First Amendment. The suit, brought by the North Carolina Justice for All Project and the national Institute for Justice, contends that the state’s Unlawful Practice of Law (UPL) laws unconstitutionally restrict speech and deprive residents of opportunities for less expensive legal advice. The plaintiffs argue that the UPL laws are overly broad and sweeping, prohibiting nonlawyers from providing even basic legal services, such as helping clients with simple legal forms or representing them in uncontested divorces. They say that the laws stifle competition in the legal industry and make it more difficult for people to access affordable legal help. The plaintiffs point to other states that have successfully expanded access to legal services by allowing nonlawyers to provide limited legal services. For example, in California, nonlawyers can provide