Friday, October 31, 2014

Editorial in favor of the amendment to allow defendants to waive jury trials in certain felony matters

49 states allow a defendant in a criminal case to waive a jury trial for certain charges.  Only North Carolina fails to provide this practical and efficient option.  The Winston-Salem Journal recently endorsed the amendment's passage, which I commend to you.  Here is the link to the editorial:http://www.journalnow.com/opinion/editorials/editorial-endorsements-the-bench-trial-amendment/article_cc7a88e8-561a-11e4-817e-001a4bcf6878.html.

I hope you will vote this election, and that you will vote "for" the amendment.

a letter of endorsement for Valene Franco for Forsyth County District Court published in the Winston-Salem Journal

I was privileged to write a letter in support of my friend, Valene Franco, for a position as Forsyth County District Court Judge.  Here is the link to the letter:http://www.journalnow.com/opinion/letters_to_the_editor/the-reader-s-forum-wednesday-letters/article_07e87792-5ec6-11e4-abd1-001a4bcf6878.html.

If you live in Forsyth County, North Carolina, please consider voting for Valene.  She is a worthy candidate.

Thursday, October 16, 2014

update on our new law firm

Dear Friend,

I am writing to you because I have some exciting news to share! This summer, I joined with B. Bailey Liipfert, III and R. Michael Wells, Jr., two experienced and well regarded lawyers, to form a new law firm, Wells Liipfert. We are now located at 380 Knollwood Street, Suite 620, in Winston-Salem.

Without the overhead of a large office, and greater efficiencies because of our investment in the latest technology, we are able to provide excellent legal services in a much more timely manner. Our experienced attorneys and paralegals continue to offer the same high level of personal service that we have provided in the past. As the 2012-2013 President of the N.C. Bar Association, I had the opportunity to visit many firms across the state and nation, and found that this trend of matching the client with the best lawyer, with the smartest use of technology, and in the most efficient manner, is the model most beneficial to clients, and the one we are delighted to have chosen for Wells Liipfert.

Bailey Liipfert is an Elder Law Attorney certified by the National Elder Law Foundation and by the North Carolina State Bar Board of Legal Specialization. His practice focuses on estate planning, estate administration, elder law, disability planning and fiduciary administration of special needs trusts.

Michael Wells is a litigator with an active practice in the areas of Social Security Disability, VA Disability, general civil litigation, immigration, and wills and estates. Super Lawyers Magazine has named him a "Rising Star" in 2010- 2013. (You can see information about selection criteria at www.superlawyers.com.)  Business North Carolina Magazine has named him one of its "Young Guns" for 2011- 2014. He is currently the Chairman of the Young Lawyers Division of the North Carolina Bar Association.

Like all law firms, our firm will focus on certain primary areas of the law, such as estate planning/administration, elder law and trusts, and personal and business litigation, including Social Security Disability matters. But we will continue to provide advice to our clients in other areas of the law, including: real estate, corporate governance, veterans' benefits and immigration. Moreover, we have established a series of relationships with select law firms in the Winston-Salem area (and across the state) to assist our clients in other areas, including corporate and business contracts, employment law, family law, debtor-creditor issues, and more.

Additionally, as you may know, our state legislature has now completed its 2014 session. We have prepared a brief summary of applicable new laws (as we did in 2013). Please contact me at mike@wellsliipfert.com or call 336-283-8700 if you would like to receive a courtesy copy of this valuable summary.

Thank you for your ongoing confidence. We hope to have the chance to serve you again. In the meantime, please visit www.wellsliipfert.com for more information about our new firm.

Sincerely,

 R. Michael Wells ere is a letter/email that went out recently to various friends and clients.  Very exciting for all of us!

Tuesday, October 14, 2014

A talk on Leadership at Leadership Kernersville last week

I was pleased to be asked to speak on Leadership to this year's class of Leadership Kernersville. LK has a very strong program, and I am honored to
be part of it for each of the last three years. 

Back from an evening with world class artist Yo Yo Ma

Janet and I had the privilege of hearing one of the world's greatest living artists, Yo Yo Ma, at the Winston-Salem Symphony recently. We had a high time!

Saturday, October 4, 2014

My picture in the former post as I head out to my seminar at National Insurance


Useful information about how to protect yourself from negligent drivers

Here is some free and useful information about how to protect yourself from negligent drivers.

If you are involved in a serious motor vehicle accident which is not your fault, and there is inadequate liability insurance coverage for the at-fault driver, the adverse economic impact on you can be significant.
 Most of us think defensively about whether or not we have adequate liability insurance coverage. We can protect ourselves from liability exposure by being careful and prudent drivers, and by carrying higher levels of liability insurance.    But the larger risk for responsible drivers may be that a negligent driver with inadequate insurance harms us and leaves us exposed financially.
There is little we can do to protect ourselves from drivers negligently causing us harm, other than to drive defensively, especially when approaching busy intersections, passing side streets with stop signs that are sometimes viewed as being optional at busy times of the day, and  being on the lookout for those using cell phones or texting while driving. However, we can limit significantly the adverse economic impact on us caused by these negligent drivers.
Consider this situation:  you are in a wreck which is not your fault.  In addition to medical bills, which your health insurance carrier may pay, you are out of work for several days and even weeks.  The negligent party has no insurance, or the minimum coverage of $30,000 per person per accident. 
 Your economic loss for being out of work, not even considering your other compensable damages (pain and suffering and permanent injuries among them), is going to be significantly greater than $30,000. The negligent party’s other assets are rarely adequate to compensate you fully for your loss.
This risk of economic loss is particularly dangerous for higher income wage earners.  If a family has higher living expenses, including a large mortgage, the family may be thrown into temporary economic turmoil.
 Relatively recent changes in state insurance laws give vehicle owners more options regarding uninsurance/underinsurance coverage. But be fully aware of the consequences of giving up relatively inexpensive additional coverage.
The minimum limits for liability insurance a vehicle owner must carry is $30,000 per person, and $60,000 per accident.  Many of us carry higher limits, but statistics show that many more of us carry the absolute minimum limits.

A vehicle owner who purchases higher liability limits has the right to reject the extra coverage for the same uninsurance/underinsurance limits.  Owners often make uninformed decisions, not fully recognizing the risks of their decision. While the cost of this extra coverage is a few dollars, the financial risk by failing to have this coverage is significant.
 For example, let’s say you have liability insurance coverage and underinsurance coverage of $100,000 per person per accident. If you have a loss of $75,000, and the negligent party has the minimum coverage of $30,000, your own underinsurance carrier will “stand in the shoes” of the negligent party for the other $45,000 of the claim ($75,000 claim, less the $30,000 coverage paid by the negligent party’s insurance carrier).  With underinsurance coverage of $100,000, therefore, you are fully compensated for your loss.
 If you had rejected the extra uninsurance/underinsurance coverage, you and your family are exposed. Your loss, over the $30,000 of coverage paid by the negligent party’s carrier, is $45,000.
 Under the law, if you purchase higher liability limits over the minimum coverage, you may choose uninsurance/underinsurance coverage in the same amounts of your liability coverage, or for a greater or lesser amount of coverage.  Choose the higher UM/UIM coverage if you can afford it.  It is worth the extra cost.
 You should contact your carrier now and inquire about your

Free Legal Program: A recent lunch and learn program I conducted for a large company this week.

This past Thursday I was honored to be asked to speak to National General Insurance Company, a well regarded and growing insurance company with a large number of employees in Winston-Salem. The talk on Estate Planning Basics drew a standing room only crowd of over 75 employees, and lots of good questions.  And a number of follow-up questions over the last couple of days.  And it was all free!

I am pleased to provide these programs as a courtesy to so many of the large companies, universities, colleges, and organizations in the Triad. Contact your HR Department to see if there is one scheduled at your employer.