For my latest column in the Winston-Salem Journal about when to hire a lawyer for a personal injury claim, please click the link below.

http://www.journalnow.com/business/localcolumnists/know-when-you-need-to-hire-a-lawyer-for-personal/article_50eeec1d-3655-5352-8d17-a010fa9a7d05.htm.

Being Grateful for our Children--Clap and Cheer Law

 CLAP AND CHEER LAW

May and June are months of special celebrations (Mother's and Father's Days), graduations, weddings, anniversaries, recitals and end-of-term events. They cause us to pause and reflect on the common tie of most of these events (or certainly the promise of them): the dear children in our lives.

Here is a piece that reflects on our special role as shapers of confidence and character in our children and grandchildren, sometimes in the midst of the most ordinary of events.  And for those of you who are on the hunt for leaders for tasks large and small, one’s clear understanding of this special role is a pretty good predictor of true leadership, by my lights.

So here goes.

Every person who has had the joy of raising children knows the experience in which your young child may not be on the front row of the event.  However talented your child may be, there are going to be some activities in which they are not the star.  For parents, your child's role is always the best role of all, no matter how seemingly minor it may seem, at least for the most affirming parents among us (which hints to us at least part of the answer.)

When our daughter was a little girl, she took dance lessons at our community's favorite dance studio.  She was tall for her age, like all the Wells girls, and she generally started the three minute recital dance routine on the back row.  But the teacher knew her audience well, so at the ninety second mark, the last became first and the first became last, as if to fulfill the ancient directive from the Good Book.  Our sweet Laura (now the mother of her own sweet girls) was, of course, the star of the show when she circled around to the front and danced her heart out.  (And the best picture on my desk at work to this day is the small picture of her bright smile on the day of one of her May recitals.)

But school plays do not always practice equal employment opportunities.  Some children sing solos, and the rest are part of the accompanying chorus. And some may not even make it to the chorus.

We all want our children to be successful, but they are going to have at least their share of performances in venues that do not play particularly to their strengths.  So what do we do with this, one of life's inevitable events?

One of life's greatest lessons is that we are all a combination of strengths and, shall we say kindly, lesser talents.  Some among us have lots of talents, but the most fortunate one among us is the one who finds a solid traveling companion in their set of skills for their journey.  In the end, the best among us are not always the most talented overall, but the ones who find one of life's most valuable sight lines: how do you feel about yourself?

To see this true test clearly, however, you have to feel valued by others who have shaped your life along the way, whatever your role, when you do your best.

Years ago a young girl had a teacher who saw her most important teacher role clearly when the teacher handed out assignments for the school performance.  The young girl came home from school to tell her mom about the upcoming event. The daughter named over which child would play what roles.  When her mom asked her daughter what role she would play, she said brightly and enthusiastically: "I've been chosen to clap and cheer!"

What I’ve learned about Life on the Way to the Courthouse is this:  life has a lot of "clap and cheer" moments that generally play to our level of talents for the task at hand.  We cannot all be from Lake Wobegon and be above average in everything.  But you should make your children feel valued and important, until they grow to a level of maturity in life when they understand they will not be judged in life by how many "clap and cheer" assignments they had along the way. The trick in life is to feel good about yourself.  You give this to your child and you have given them life's greatest treasure.  And something very real to clap and cheer about, for sure.

Some practical and helpful legal advice

Here is some practical legal advice about abandoned personal property I provided at the request of the Winston-Salem Journal recently published on Sunday, May 31, 2015. (Just hit Control and click on this link.)Here is some practical legal advice  In the month of May I was honored to speak to members of the Wake BestHealth organization on Don't Sweat the Small Stuff, outlining practical ways to avoid many emotional pitfalls; to the YMCA on Elder Law issues; the Forsyth County Library on estate planning and elder law; the Forsyth County retirement seminar on estate planning ( the most frequently asked speaker in this seminar series over several years); and to host the station's longest running weekly guest radio show, "You and the Law," on Tuesday mornings on WSJS 600 AM radio from 9:00 until 10:00 am (since 1991).

 I am also pleased the Journal continues to honor me as one of their regular columnists on May 3, when my column addressed common challenges in estate planning. (I have been one of their regular guest columnists (legal issues) since 2003.) Just hit Control and click on this link.)
 Don’t put off estate planning.

In the month of May I was honored to speak to members of the Wake BestHealth organization on Don't Sweat the Small Stuff, outlining practical ways to avoid many emotional pitfalls; to the YMCA on Elder Law issues; the Forsyth County Library on estate planning and elder law; the Forsyth County retirement seminar on estate planning ( the most frequently asked speaker in this seminar series over several years); and to host the station's longest running weekly guest radio show, "You and the Law," on Tuesday mornings on WSJS 600 AM radio from 9:00 until 10:00 am (since 1991).

My thanks to all for giving to me these opportunities to provide so many of our citizens with common sense practical legal advice on a host of important legal issues.  (And for free, too.) My schedule for these courtesy talks and presentations for organizations and groups is limited, but call 336-283-8700 to determine availability, or feel free to email directly at mike@wellsliipfert.com.

Useful Free Legal Seminars on Tuesday, May 19 on important legal topis at Reynolda Library Branch in Winston-Salem, NC

Useful free legal seminars on important areas of the law from 2:00 pm-5:00 pm on Tuesday, May 19, 2015 in Winston-Salem.

UPCOMING FREE SEMINARS. Many of you have attended one or more of my free practical seminars on the law, and you have inquired about the upcoming schedule for 2015. I am pleased that The Shepherd Center and the Forsyth County Library have endorsed this public-service series again in 2015. This series of free, practical, and easy-to-understand seminars on important legal topics is now in its 18th year. (No reservations are necessary to attend.) I am grateful for these partners, and for all of you who attend the seminars and who support them.

Here is the schedule for the free seminars on Tuesday, May 19 at the Reynolda Library Branch, across from the Reynolda Shopping Center:

• Social Security Disability, Personal Injury and Workers' Compensation Claims. (2:00 pm-3:00 pm): When are you entitled to benefits?
• Estate Planning Basics (3:00 pm-4:00 pm): Learn about the basic documents everyone should have, recent estate planning law changes, and what you should do now.
• Elder Law Basics (4:00 pm-5:00 pm): 

A Quality Association between Winston-Salem State University and Wells Liipfert Law Firm

Our law firm is so pleased to have the opportunity to work with a quality student intern Emily Simpson, who worked for our law firm all of this past school year.  We have already hired another WSSU student, who will start this summer.

Here is a link to a great article WSSU wrote for their students and alumni about this past year:

http://www.wssu.edu/about/featured-stories/student-success.aspx.

Actual piece on Dean Smith recently published by the Winston-Salem Journal

Mike Wells: Dean Smith, a true friend

• Story
• Comments

Print

Create a hardcopy of this page

Font Size:

Default font size

Larger font size

2

Posted: Monday, March 2, 2015 8:30 pm

Mike Wells

We all lost a true friend with the passing of Dean Smith, the former head basketball coach of the University of North Carolina at Chapel Hill.

Those of us who attended other ACC universities that were regularly bested by the Tar Heels in basketball came to respect him, grudgingly, as a coaching genius. But all of us came in time to admire him as a person of character, courage and humility, and well be-yond his example on the basketball court.

If Dean Smith had been a lawyer, he would be favorably compared with Atticus Finch, the iconic but mythical southern lawyer who stood up for the hard thing at a hard time and in a hard way. Except that in a very real and concrete way, Dean Smith did stand up for the hard thing at a hard time and in a hard way.

I remember as a student at the University of Virginia in the late 1960s when the basket-ball team of UNC, after an afternoon game in Charlottesville, walked in to a concert after the game that evening. One of the UNC players who had been recruited by Dean Smith was Charlie Scott, the first African American UNC basketball scholarship athlete, on whom all eyes were fixed. It took real courage, and great risk, to recruit a player of color in the South back then, and the mood of the crowd that night would have told you that.

At the end of a moving memorial tribute to Coach Smith recently, Coach Smith's daughter asked the most important question of the day (and of all days): what are we to do with this, this shining example of a leader who took a stand when he did not have to do so, and to take a stand which involved risk?

Coach Smith's daughter told us to do something good for someone else if the memory of Dean Smith is to live on. To do so for the right reason. And to do good for goodness’ sake, as our parents and our faiths have taught us to do.

In this high season of faith, I offer this thought: not one of us got to where we are without the help of others. Perhaps the best thing we can do to honor this wonderful man passing before us is to do what he did all of his life, despite his tremendous success: To stand up and remember those who gave you a chance. To point in a measurable way to those who gave you an assist. To acknowledge in a tangible way for all to see the other people who made your success possible. And in the process for us to be, each in our own way, good for goodness’ sake, too.

Isn’t that what Dean Smith taught to his managers and assistant coaches, to his stars and scrubs, and to all the rest of us?

God speed, Dean Smith.

Mike Wells is a local attorney who writes a column on legal advice for the Journal.

Recent piece about Coaching Great Dean Smith in rthe W-S Journal, but not for the reasons you think.

Some of you are great fans of the late Dean Smith, whether you are a graduate of UNC, or you are aware of the impact he has had on so many more. 

I do not make it a practice to write letters to the editor, as my time, like yours, is limited.  But my personal memory of a long-ago night in the season of my youth nudged me along to try to capture it in a piece, which was in our paper this morning.

I am pleased that the Winston-Salem Journal saw fit to publish it. Here is the link to it, if you are interested: http://www.journalnow.com/opinion/columnists/mike-wells-dean-smith-a-true-friend/article_338dafee-bec4-11e4-966f-471700fed668.html.

Free Estate Planning seminar sponsored by Wake Forest's Besthealth program on WEDNESDAY, MARCH 4 from 2-3:00 pm.

Estate Planning Basics at Wake Forest Baptist Health Medical Plaza – Country Club, Diabetes Classroom on Wednesday, March 4^th from 2:00 to 3:00 pm.  Reservations recommended!  Contact

Courtney Jackson, MS
Manager, BestHealth Programs

BestHealth
Medical Center Boulevard  \  Winston-Salem, NC 27157
p 336.713.2375  \  f 336.716.6841
ccjackso@wakehealth.edu  \  WakeHealth.edu

Tribute to Dean Smith, former UNC basketball coach, and one of the great ones. But not for the reason you think.

Here is a tribute to Dean Smith, but not for his genius as a basketball coach, but for his courage and willingness to take a hard risk.  He is the closest person I know who was a real-life Atticus Finch, although he was not a lawyer.

We all lost a true friend with the passing of Dean Smith, the former head basketball coach of the University of North Carolina at Chapel Hill.

Those of us who attended other ACC universities which were regularly bested by the Tar Heels in basketball came to respect him, grudgingly, as a coaching genius.  But all of us came in time to admire him as a person of character, courage, and humility, and well beyond his example on the basketball court.

If Dean Smith had been a lawyer, he would be favorably compared with Atticus Finch, the iconic but mythical southern lawyer who stood up for the hard thing at a hard time and in a hard way.  Except that in a very real and concrete way, Dean Smith did stand up for the hard thing at a hard time and in a hard way.

I remember as a student at the University of Virginia in the late 1960's when the basketball team of UNC, after an afternoon game in Charlottesville, walked in to a concert after the game that evening.  One of the UNC players who had been recruited by Dean Smith was Charlie Scott, the first African American UNC basketball scholarship athlete, on whom all eyes were fixed.  It took real courage, and great risk, to recruit a player of color in the South back then, and the mood of the crowd that night would have told you that.

At the end of a moving memorial tribute  to Coach Smith recently, Coach Smith's daughter asked the most important question of the day (and of all days): what are we to do with this, this shining example of a leader who took a stand when he did not have to do so, and to take a stand which involved risk?

Coach Smith's daughter told us to do something good for someone else if the memory of Dean Smith is to live on.  To do so for the right reason.  And to do good for goodness’ sake, as our parents and our faiths have taught us to do.

In this high season of faith, I offer this thought: not one of us got to where we are without the help of others.  Perhaps the best thing we can do to honor this wonderful man passing before us is to do what he did all of his life, despite his tremendous success: To stand up and remember those who gave you a chance.  To point in a measurable way to those who gave you an assist.  To acknowledge in a tangible way for all to see the other persons who made your success possible.  And in the process for us to be, each in our own way, good for goodness’ sake, too.

 Isn’t that what Dean Smith taught to his managers and assistant coaches, to his stars and scrubs, and to all the rest of us?

God speed, Dean Smith.

Mike Wells

Some useful advice from a professor at Wake Forest Medical School, Dr. Pat Ober.

Dr. Pat Ober is a well regarded professor at Wake Forest Medical School, and a noted author of several books about Mark Twain.  Pat often offers thoughtful advice about the importance of doctors to be healers and teachers.  Here are a couple of his most recent offerings. I hope you enjoy them.

http://www.wakehealth.edu/Oasis/TELLING-THEM-THE-MOST-IMPORTANT-THING.htm.

Mike

Here is a useful piece on how to find out if you have a good workers' compensation claim or not

Ask Sam of the Winston-Salem Journal calls for a little legal direction on certain issues from time to time, since I am honored to write a legal column for the paper once a month.  Here is a good summary about how to get a cheap look on whether or not you have an on-the-job injury claim, and how you can file a claim on your own to be sure the claim is filed on time to preserve your claim.

http://www.journalnow.com/news/ask_sam/ask-sam-who-can-help-if-my-employer-won-t/article_218cb724-7bc0-5fc4-8e3f-cbace8179ff7.html

Pracrtical tips for preparing your tax returns and saving money.

Here is a column on practical tips to keep up with your important records for your 2014 AND ESPECIALLY 2015 tax returns, and other money-saving tips.  Check out this link:

http://www.journalnow.com/business/localcolumnists/wells-get-ready-for-next-year-s-tax-man-now/article_7576c8a6-f24d-5847-89f5-4902f6a78402.html

Recent Changes in 2014 by the N C Legislature

Many have asked for the summary of major changes made in North Carolina law in 2014.  Here it is.

As noted below, this list is not exhaustive of all the legislation passed, but likely the changes most relevant to our citizens.

RECENT CHANGES IN THE LAW DURING THE 2014 SESSION OF THE LEGISLATURE

The North Carolina Legislature has two sessions every two years, the Long Session, which occurred last year, when most legislation is generally reviewed and possibly enacted into law, and the Short Session, which completed its work earlier this year.  There are various rules passed by the Legislature regarding what matters may be considered by the Short Session for consideration and enactment.

Most of the laws passed and signed by the Governor in the 2014 Session are technical, and they involve areas of the law that do not impact our citizens on a day-to-day basis.  But some do.  Here is a summary of many of them, although it is not exhaustive of all the legislation passed.

CRIMINAL LAW CHANGES.  Changes to the criminal laws allow the conditional discharge and expunction (removal from the public record) of additional but limited non-violent misdemeanors and felonies. Amendments make possession of drug paraphernalia a Class 3 misdemeanor and make it a Class H felony to give or sell a cell phone to an inmate. Laws regarding assaults as retaliation against various officials are strengthened, and it is now a Class I felony if one is convicted of such an assault.  Technical changes now allow for remote video testimony by forensic analysts in trials.  Detention officers may now carry weapons on educational property.

Air rifles, air pistols and BB guns are not deemed to be “dangerous firearms” in certain counties.

AMENDMENTS TO THE RULES OF CIVIL PROCEDURE REGARDING THE AMOUNTS IN CONTROVERSY.  The Rules are amended to change from $10,000 to $25,000 the amount in controversy above which a pleading shall not state a more specific demand for monetary relief.  Amendments also conform the increase in jurisdictional amounts for district and superior court enacted last year.

REGISTRATION FOR MOPEDS.  Mopeds are now required to be registered with the Division of Motor Vehicles.

TIME LIMITS FOR CERTAIN ACTIONS.  The law has various time limits within which various claims can be brought in a lawsuit.  A component of these limitation laws is the so-called statute of repose, which pegs an outside limit of ten years in very limited circumstances in which certain claims can be brought for acts which are allegedly not known and could not have been known.  This statute was amended to provide that it is not to be construed to bar an action for personal injury or property damages caused or contributed to by the consumption, exposure or use of water supplied from groundwater contaminated by a hazardous substance, pollutant or contaminant.

BUSINESS COURT MODERNIZATION.  Years ago North Carolina established a Business Court, which deals only with limited but often complex business issues.  The judges who are assigned to these courts are highly experienced in complex litigation matters.  These courts generally provide a “safe haven” of sorts for businesses that may seek to locate a major facility in North Carolina (or to stay in North Carolina.)  Legislation passed in 2014 provides for certain direct appeals to the Supreme Court of final judgments entered in the Business Court.  It also modifies the categories of cases that may be designated as mandatory complex business cases and provides for an expedited method for certain types of actions to be assigned to the Business Court.

Many of the changes passed in the 2014 Session were recommended to the Legislature by the North Carolina Bar Association, which often proposes specific statutory changes which improve the operation of the law for citizens and businesses.

DISCLAIMER:

This summary is provided as a courtesy by Wells Liipfert, PLLC.  It is not intended to give, and does not give, legal advice. No attorney-client relationship is created by providing this summary.

Mike Wells

336.283.8700

mike@wellsliipfert.com

Useful free legal seminars on three important areas of the law from 2:00 pm-5:00 pm on Tuesday, January 20, 2015 in Winston-Salem.

UPCOMING FREE SEMINARS. Many of you have attended one or more of my free practical seminars on the law, and you have inquired about the upcoming schedule for 2015. I am pleased that The Shepherd Center and the Forsyth County Library have endorsed this public-service series again in 2015. This series of free, practical, and easy-to-understand seminars on important legal topics is now in its 18th year. (No reservations are necessary to attend.) I am grateful for these partners, and for all of you who attend the seminars and who support them.

Here is the schedule for the free seminars on Tuesday, January 20 at the Reynolda Library Branch, across from the Reynolda Shopping Center:

• Social Security Disability (2:00 pm-3:00 pm): When are you entitled to benefits?
• Estate Planning Basics (3:00 pm-4:00 pm): Learn about the basic documents everyone should have, recent estate planning law changes, and what you should do now.
• Elder Law Basics (4:00 pm-5:00 pm): How to preserve your assets in the face of rising nursing home costs. 

Useful information on how to save money on insurance, and making better planning decisions.

A great source of useful information to save money appears in a column in the Winston-Salem Journal on Sunday, January 4, 2015.  Here is the link to that column:http://www.journalnow.com/business/localcolumnists/wells-it-s-easier-than-you-think-to-get-your/article_02101723-4513-58fe-a367-2050184b0c4b.html.