The landscape in civil litigation was changed forever when the mediated settlement conference became a mandatory part of civil superior court cases in North Carolina. Most lawyers share the sentiment that the change was for the better, although not all of them thought it would turn out that way. Given the cost to appropriately litigate […]
What to Expect in North Carolina Foreclosure Proceedings
What to Expect in North Carolina Foreclosure Proceedings Whether you are a homeowner or a judgment creditor with a lien on real property, understanding the foreclosure process is critical, as it affects your rights as either a debtor or a creditor. North Carolina is a “power of sale” state, meaning that foreclosure proceedings are ultimately […]
Getting to Know Paul Flick
When you ask Paul Flick where he is from, he laughs and says it’s “a difficult question.” A preacher’s son and one of four kids, Flick’s family moved every five years or so as his father developed new churches across the eastern United States. His father’s work took him from western Maryland, to western North […]
Paul T. Flick Joins Miller Monroe & Plyler
Paul T. Flick Joins Miller Monroe & Plyler RALEIGH — June 25, 2018— Miller Monroe & Plyler, PLLC is pleased to announce that Paul T. Flick has joined the firm’s litigation practice effective May 1, 2018. Paul is a graduate of Wake Forest University (B.A. ’83) and the Wake Forest University School of Law (J.D. […]
Reciprocal Attorneys’ Fees Provisions in Business Contracts
Reciprocal Attorneys’ Fees Provisions in Business Contracts We have previously discussed the scenarios in which prevailing parties in litigation can – and cannot – recoup their attorneys’ fees. Unfortunately, the law is not particularly generous in allowing parties to recover their fees and costs. Because there is one aspect of the relevant law that continually […]
The Durable Power of Attorney under the New N.C. Law
Issues surrounding the execution and validity of powers of attorney can dramatically impact litigation, especially when a party is adjudicated incompetent. When this happens, questions about the validity of the document inevitably arise, and occasionally the motives of the agent acting on behalf of an incapacitated party come into question. It doesn’t help that the […]
Miller and Monroe Named to 2018 Legal Elite
Miller Monroe & Plyler PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2018 Legal Elite list by Business North Carolina magazine. This marks the sixth consecutive year that Mr. Miller and the third consecutive year that Mr. Monroe have been honored by Business North Carolina […]
The Power of Attorney: The Basics
A guest post by Christopher S. Morden, Monroe Wallace Law Group Thank you to the attorneys and staff of Miller Monroe & Plyler PLLC for the opportunity to submit a guest post on their legal blog. This post addresses the common questions: what is a Power of Attorney and why is it important? A Power […]
Landlord-Tenant Basics Part II: Summary Ejectment
Clients often want to know what they can do to evict tenants from property that they own and lease for business or residential use. Unfortunately, property owners will likely face an eviction at some point. Eviction actions are known as “summary ejectments.” The law on summary ejectments is a bit different from other areas of […]
Landlord-Tenant Basics Part I: Security Deposit Disputes
The number one priority for landlords should be generating profit, not fighting with tenants. As such, it is vital for residential and commercial landlords alike to know and comply with the laws governing their relationships with tenants so as to avoid unnecessary, and often costly, conflicts. The security deposit, which is intended to protect landlords […]