I have been thinking a lot about trial techniques recently between giving feedback at Teen Court and getting my mock trial team ready for their competition on February 4. I find that participating in these activities and coaching the students not only leaves you feeling awesome, but also keeps your skills sharp in between your trials.

In teaching the students, I have discovered many growing pains a long the way. Basic things I take for granted I have to teach: where to sit in the courtroom, what to do when addressing the judge, how to argue an objection, and how to admit an exhibit. For example, I have been referred to as “Your Majesty” instead of “Your Honor” during practice. In the mock trial setting, little mistakes and misstatements can be funny to everyone involved and of no consequence to the fictional client. But, not so much in the real world.

A lot of lawyers do not actually try cases. I’ve known lawyers who have been practicing for decades and have never once had the pleasure of meeting twelve new people in a courtroom. Some lawyers do not have the opportunity because they do not practice in an area of law that is particularly conducive to allowing them to gain the experience. Maybe they do primarily research, or appellate work, or perhaps they work mainly with real estate closings. However, there are many personal injury attorneys who hold themselves out as trial lawyers and simply try their hardest not to try a case. It is my opinion that more often than not, this phenomenon arises from fear more than anything else.

A trial is scary. The prospective jury members are scared that they will get picked to sit on the case; to have to take time out of their lives to hear about someone else’s problems. The jury members selected may be afraid they will not be given all the information they need to make a decision, or that they will not make the right decision. The clients are scared; what will happen to my case? The judge may be scared. Will I get appealed? Will I make the correct rulings? The lawyers are often scared as well. Will I do the best I can for my client? Will I win, or lose? Did I forget something? Unfortunately, not facing these fears on the part of the lawyer can often be to the lawyer’s and client’s detriment. A lawyer who does not have trial experience, or who can claim to have taken cases to verdict, will not present a credible trial threat. This can cause less successful results in settlement discussions.

The fear lawyers have for trying cases does not arise out of not knowing how. Every law student will at one point (allegedly) learn how to try a case. They will learn about the rules of evidence and how to argue those pesky objections, how to give a forecast of the evidence in the opening statement, how to ask the right questions to get the right answers, and how to give a closing argument. True, it may have been quite a while since the lawyer attended law school, but I’m sure they still probably remember not to refer to the judge as “Your Majesty.” The problem I have with the way trying a case is taught, however, is that the methods taught are “by the book.” The traditional way of presenting a case is more suited for jurists rather than juries. In essence, it’s boring to the average person who is going to be seated in the box.

When it came time for me to try my first case, I was, as you can imagine, a little afraid. Getting lost on the way to the courthouse certainly did not help those fears that first morning. But, I felt a little better because I had a good trial advocacy professor in law school. My learning how to try a case did not end with law school. Before that first trial, I began preparing in earnest. I read books by James McElhaney and David Ball. I researched cases. I read John Grisham. I even sat through an entire day’s marathon of Law & Order episodes.

In the three years since that first trial, and over the course of many others, I have learned that school is not where the educations stops. Many lawyers are smart enough to recognize this, but instead they learn new “tricks” or “gimmicks” that worked for other lawyers in the courtroom. I find that people (e.g., the jury), do not like being tricked. I certainly don’t.

Whether your reading this post because you’re a member of the public wondering how we lawyers do it, or a lawyer wanting to know how others do it, or a member of one of my mock trial teams reading this because I assigned it as homework, here are six keys to success in the courtroom I have learned over the years:

1. Preparation, Preparation, Preparation. Please don’t wait until the weekend before the trial to discover that you are missing documents that you need. How about figuring out your theme and theory of the case before calendar call? Know what you are going to say, how you are going to say it, and the facts and law that backs up your position well in advance of the trial.
2. Relate. Lawyers are not a lovable group of people. There are volumes of books filled with jokes written about us. The word lawyer is usually precipitated by some sort of profanity or derogation. Therefore, do not act like a lawyer. Don’t get me wrong: You do not want to start calling the Judge by their first name and wearing your favorite pair of Rainbows to court. However, you do not have to be a walking stereotype either. Try not to act like you’re better than everyone else (especially your client) or that you are all-important (you are not). Be who you were before you went to law school.
3. Flexibility. After you prepare, prepare, and prepare, you can rest assured of one thing: something will not go as planned. Calm down and carry on. Think fast, make a decision, and handle it.
4. Creativity. Whiplash is whiplash, but no two stories are exactly the same. Don’t prepare for trial by just changing the names and places you used in your last opening statement.
5. Care. About the case and what you do for a living. If you don’t seem to care, why should the jury? You are technically correct if you present evidence to the jury and argue the facts with the law in your statements. But, when’s the last time anyone who hasn’t gone to law school cares about cold, hard facts? The truth of the matter is we as people make decisions on an emotional level and then justify those decisions with rationale thought. If you do not have a passion for your case and for what you do, then your chances of persuading a jury to care and find in your client’s favor is much lower.
6. Credibility. Do not try to be something you’re not. Be yourself. Have you ever met a person who you thought was a “little off?” Something just wasn’t right about them, and that made you not trust them? That’s what the jury will think about you if you try to be something you’re not in the courtroom.

Disclaimer: The views of the author are his own. This blog is designed to both entertain and inform members of the general public and the legal community concerning issues surrounding the trial of personal injury cases. As such, you should not treat this as legal advice. Legal advice normally is not entertaining. Reading this blog post also does not create an “attorney-client” relationship. The author will admit that he rather enjoyed being referred to as “Your Majesty” during that one practice. He attempted to implement this at his home, with the wife. He cannot recommend this for the husbands that may be reading. He can recommend a good brand of couch, however.

“I was recommended to your firm by my sister-in-law.  She told me that you guys were very professional, friendly, timely and would always respond to whatever question I would ask.  I found every word to be true and I was very pleased with the service I received.” R.L. 10/29/11

Read more about what people are saying about us.

Leone Noble & Seate has partnered with the North Carolina Advocates for Justice to collect canned goods and other non-perishable food items for the Food Bank of Central and Eastern North Carolina.

Drop off these items at our law firm located at 7100 Six Forks Road, Raleigh, North Carolina before our set delivery date of November 11, 2011.

Established in 1980, the Food Bank of Central & Eastern North Carolina a nonprofit organization that has provided food for people at risk of hunger in 34 counties in central and eastern North Carolina for 30 years. The Food Bank serves a network of more than 800 partner agencies such as soup kitchens, food pantries, shelters, and programs for children and adults through warehouses in Durham, Greenville, New Bern, Raleigh, the Sandhills (Southern Pines) and Wilmington.  Sadly, hunger remains a serious problem in central and eastern North Carolina. In these counties, more than 500,000 struggle each day to provide enough food for their families. Nearly 29 percent of the people served by the Food Bank’s network are children, and another 8 percent are elderly. Thirty percent of the families served are the “working poor” people who work hard and still have to choose between eating and other basic necessities such as medicine and housing.

Donations can be dropped off at our law firm located at 7100 Six Forks Road, Suite 201, Raleigh, North Carolina up through November 11, 2011.

Leone Noble & Seate has partnered with vitalink^® to collect donations of new and gently used coats and blankets from November 8-30 in support of the Raleigh Rescue Mission (www.raleighrescue.org).

With the number of people in financial distress, shelters are struggling to provide assistance. Raleigh Rescue Mission houses over 100 homeless men, women and children, and provides basic assistance to many other “near homeless”. Last year, the shelter donated over 2,000 cold weather items to the needy; but this year their supplies are low. With winter coming up, it will only get worse.

How Can You Help?

You can drop off at our firm new or gently used winter coats, gloves, scarves and hats, and blankets no later than 11/21/10. Checks (payable to Raleigh Rescue Mission) or gift cards from Wal-mart, Sam’s Club, grocery or discount stores are also appreciated. We will coordinate delivery of these items to the Mission.

About Raleigh Rescue Mission

Raleigh Rescue Mission was founded in 1959 with the mission of changing the lives of the homeless and near-homeless by ministering to their physical, emotional, and spiritual needs. Raleigh Rescue also accepts furniture and other household items, as well as donations of cars. For these larger items, please contact the Mission directly at 919.828.9014 to make your donation.

Neuse River Golden Retriever Rescue and Leith Autopark Kia in Wendell, N.C. are teaming up to give away a brand new Kia Sportage at the 2012 Grapes for Goldens Gala in February, 2012! Tickets are $50 a piece and can be purchased here. You do NOT have to be present at the drawing to win!!! Our firm does pro bono legal work for this charity and it is a fantastic organization.

I live in a neighborhood that is teeming with deer (and coyotes, foxes, rabbits and geese) and as the days are getting shorter, I am more vigilant when driving so as not to have an accident with one of the furry critters. Ask my partner, Jennifer Seate. She hit one of them as she was exiting my neighborhood last year. I was reading on the N.C. Department of Transportation’s website that the majority of deer related collisions occur between October and December as it is both mating and hunting season. It is especially hazardous between the hours of 5:00pm and 7:00am. The DOT shared some helpful hints and I found a few more online:

• Drive slowly.
• Keep a sharp lookout, particularly during the hours mentioned above and in any area where deer crossing signs are posted.
• If driving at night, use your high beams.
• Be aware of your surroundings.  Don’t look just straight ahead but scan the areas to the left or right for deer near the side of the highway.  If using your high beams, you should be able to see the glow of their eyes.
• Remember, deer travel in herds.  If you see one, there are bound to be more so don’t think you are safe just because you dodged one crossing the highway.  More may be coming.
• Most importantly, if a deer jumps out in front of you, do NOT swerve to avoid the deer.  You will increase your chances of flipping your vehicle.

If you do hit a deer, the damage to your vehicle should be paid for under your comprehensive coverage.  If you swerve to avoid the deer, and end up hitting something else, your damage will probably be paid under your collision coverage, which has more of a chance of your rates going up.  By driving prudently and following the above tips will hopefully keep you safe from having an accident with a deer.

Here are some insights as to when you should hire an attorney after being injured in an automobile accident:

As part of our continuing legal education requirements, lawyers are required to take classes in mental depression and substance abuse.  I just completed mine and learned some really interesting things and thought it would make an informative blog that can help more than just other lawyers.

First, the national percentage of the population suffering from depression illnesses is 7-8%.  Clinical depression is a serious and common disorder that attacks the mind and body at the same time.  It can result in serious disturbance of work, social and bodily function.  A depressive order is not a passing blue mood and people with depressive illnesses cannot just “pull themselves together” and get better.  Without treatment, symptoms can last for months or years, and can lead to suicide.

Many people do not get help for depression for a variety of reasons.  Some do not recognize the symptoms but others may be in denial.  Some feel guilt, embarrassment or shame.  Many view depression as having a negative social stigma or they feel it shows personal weakness.  If you recognize someone that could be suffering from depression, reach out to them and encourage treatment.  With psychotherapy and/or medication, treatment is effective in 80% of cases.

In addition to medical treatment, there are other strategies you can pursue to help increase your sense of well being:

• Excercise – regular exercise is nature’s own antidepressant because mood elevating endorphins are released
• Healthy Eating – eat fresh, whole foods and avoid alcohol as it is a depressant
• Stress Management Techniques – get quality rest and practice time management skills
• Relaxation Techniques – practice deep breathing exercises every day.  Meditation is a great way to focus and relax.  Yoga can be of benefit.

Most importantly, there are many resources available out there for people suffering from a depressive illness.  Also remember that people with depression sometimes cannot recognize they need help so do not be afraid to reach out a helping hand if you suspect depression in someone.  Here are some local organizations that can help:

• N.C. Depressive and Manic Depressive Association – 919-821-4343
• N.C. Alliance for the Mentally Ill – 919-851-0063
• N.C. Psychiatric Association – 919-851-0067
• N.C. Psychological Association – 919-872-1005

While this isn’t exactly a new scam, it’s apparently had a resurgence.  It’s the Jury Duty Scam.  Here’s how it works.  Someone calls you and identifies themselves as a court employee, maybe even something as fancy as a Jury Duty Coordinator.  They tell you that you received a summons for jury duty and that you failed to appear and a warrant has been issued for your arrest.  You are now frantically trying to remember if you possibly threw the jury summons out in the garbage by mistake with the rest of the junk mail you get.  You are afraid of being arrested.  But not to worry, the Jury Duty Coordinator (aka scammer) tells you they can reschedule your jury duty if they can just verify some information about you.  This is where they ask for confirmation of your identity by asking for your date of birth and social security number.  You gratefully give it and receive your next (fake) jury duty date and hang up.

Unfortunately, you have just been scammed and now your identity has been stolen.  Never, ever give any personal information to an unsolicited caller.  The court system will never call you and ask for this type of information by phone.  If you were unfortunate enough to accidentally throw away your jury summons, you will get something in writing from the Court advising you of the missed duty and how to correct the mistake.  Stay protected…keep your identifying information private!!!!

Yes, our firm handles mostly automobile accidents but we do take on a variety of other injury claims.  Several years ago, I represented a wonderful man who got caught in a terrible house fire.  While trying to save his two young children, he received horrific burns which almost killed him.  And the ironic thing about it was that he and his family had implemented and practiced a fire evacuation plan for just such an emergency.  The terribly ironic thing was that his landlord had boarded up his 2nd floor fire escape which in essence trapped my client on the 2nd floor.  Luckily, a good samaritan was able to get a ladder and help rescue the two children, but my client couldn’t escape before the flames caught up to him.  I was thinking of that client recently and decided it would be good to blog about the importance of having an evacuation plan and other fire safety issues.

First, the reason you need a plan is because fire can spread quickly so every second of reaction time is precious.  Get your family together and map out your house.  Figure out how each person can escape safely, taking into account all the possible scenarios of where a fire may be located. It may be helpful to draw a map out of the house.  Mark every door and window exit available for escape.  Most importantly, practice with your children at least once a quarter so they don’t forget your evacuation plans.  Here are a few more safety tips:

• Ensure you have smoke detectors on every floor and outside every bedroom.  Check them monthly.
• Have plenty of fire extinguishers throughout your house.
• Have an emergency escape ladder in every upstairs room with a window exit.
• Arrange furniture under windows to aid in exit, but never block your ability to open a window and exit.
• Arrange a safe meeting place outside of your house for all family members to congregate after escape.
• When evacuating during a fire, stay low to the ground as smoke rises.
• Feel doors before opening.  If a door is hot, take a different route.
• Close doors behind you to prevent the spread of fire.

Hopefully you will never be caught in a house fire but by practicing these safety tips, you can help ensure that you and your family can get out safely.

A lawsuit has arisen against the Duke University Health System over clinical trials linked to a discredited researcher.  The lawsuit alleges that Duke tried to cover up questions about the research’s validity and performed unnecessary chemotherapy treatment on patients in the hopes of patenting a new cancer-screening drug.

At the center of the controversy is Dr. Anil Potti, who was an associate professor of medicine at Duke.  It is alleged that Potti lied about his credentials and misused data that produced flawed results.  Even after being warned by outside researchers about the flaws in the data, Duke still proceeded forward with clinical trials on unsuspecting victims.

Six of the eight plaintiff’s in the lawsuit have since died.  They all suffered from lung cancer and the lawsuit alleges that they enrolled in the clinical trial under the belief that they would receive “better than the standard chemotherapy” and would have a “higher than likelihood of a favorable response.”  The trials were conducted on these people using faulty science.

If you or someone you love was involved in one of these Duke Clinical Trials, you may have a claim for damages.  Please contact our firm for further information.

It’s time for you to settle your auto accident case with the insurance company.  You have all your ducks in a row.  You’ve provided every bit of proof that they require (medical records, medical bills, lost wage documentation, receipts, witness statements, accident report, etc).  You are not looking to make a fortune.  You just want compensated for your injuries in a fair and just manner.  And then the insurance adjuster calls you and offers the whopping total of $500 for your claim.  WHAT?!?!

We hear these stories time and time again.  The insurance companies making ridiculously low offers.  Why is that?  Well, it’s because they can and they are going to bet that you will take their offer and not seek legal advice.  Many people call us and after tell us the facts of the case, want to know, “What is my case worth?”  The best answer we can give….your case is worth whatever a jury says it’s worth.  That’s because if you are not willing to accept what the insurance company is offering, your only choice is to file a lawsuit and take your case in front of a jury of 12 of your peers.  They will analyze all of the evidence and they will render a verdict as to what your case is worth.  Unfortunately, many counties in North Carolina have notoriously low jury verdicts due demographic factors which make up the jury pool.  Even in those counties where juries are liberal, insurance companies will often bet that you will not want to take the time, nor the effort, to pursue your case that far. They are playing a numbers game and every time an innocently hurt victim accepts a crappy offer from the insurance company, the insurance companies just got a little richer. and the victims get a little more abused.

So what is the solution?  How do you fight?  The best step you can take if you have been injured in a car accident is to hire an experienced and qualified attorney.  The law firm you hire should have a track record of willingness to file lawsuits over unfair offers.  We firmly believe that because we have a strong litigation practice and willingness to file suit, that insurance companies give our firm very serious consideration when making offers of settlement.

If you have been hurt in a car accident and would like a free consultation, contact us and we would be more than glad to help.  You can also read our Accident and Injury FAQ for additional information.

Have you ever walked down the street in Raleigh, North Carolina when you find you need to cross at one of those busy intersections?  Are you one of those people that think that all pedestrians have the right of way when they are crossing the street?  Or are you one of those people who will cross a busy street without paying attention because you believe it is the car driver’s duty to watch out for you?  If so, then this blog is for you.

Many people are surprised to learn that pedestrians do not have carte blanche when it comes to walking across a street.  So, what exactly are your rights as a pedestrian?  Basically, pedestrians have the right of way at all intersections regardless if there is a marked crosswalk.  However, if the intersection is regulated by lighted signals (WALK and DON’T WALK), you must obey the signals showing.  In any other circumstances, as a pedestrian, you must yield the right of way to vehicles.

As a safety reminder, if you are walking along a road or street, take the following safety measures:

• Always walk against oncoming traffic so you can see vehicles as they come towards you and perhaps have the ability to take evasive action.
• Always use a sidewalk if provided.  If there is no sidewalk, walk as far away from the roadway as possible.  Never walk on the asphalt of the road.
• If walking at night, wear light colored clothing or preferably a reflective vest.
• If walking with children, keep a firm hold of their hand so they do not dart out into the street.
• Always look both ways before crossing the street to ensure your move can be made safely.  Again, if you are near an intersection, cross in the designated crosswalk and use the lighted signals for direction.
• If you are a passenger in a car and exiting onto the road way, always get out on the curb side of the vehicle.

Safety should always be at the top of your mind if you are walking near a roadway or street.  If you are hit by a car, the chances of you escaping without serious injury or even death are low.  If you or someone you know has been injured as a pedestrian, then feel free to contact us to answer any of your questions.  Even if you do not have a claim, you may be entitled to medpay coverage and we can advise you on how to collect that as well.

If you have been in a car accident in North Carolina, chances are you will get a call from an insurance adjuster within a day or two asking you to give a “recorded” statement.  They will tell you that you need to give this statement before they can process your claim.  You may feel pressured to give the statement thinking that nothing will happen on your case until you do so.  We want you to know that this simply is not true.

Yes, the insurance adjuster has a duty to investigate the accident and cannot accept liability on your case until that is done.  But an investigation does not mean that they have to have a recorded statement from you.  In fact, an adjuster cannot deny your claim merely on the basis that you refuse to give a recorded statement.

We do not allow our clients to give recorded statements to insurance adjusters for the liability insurance company.  This can be for a variety of reasons but mainly we find that when our clients are hurt and in pain, they run the risk of saying something that can later be construed negatively against them.  The rules are a bit different for our client’s own insurance company as our clients do have a duty to submit to a statement to their own company.  However, we always make sure we are present with our client so that they can be protected at all times in case the insurance adjuster gets out of line with any questioning.

We have some great information on some circumstances when we will allow our client to talk to the liability insurance company which you can read.  If you are in doubt, always feel free to contact us for free advice regarding your car accident claim.

Even though I am a personal injury trial lawyer based in Raleigh, North Carolina, I have been asked my opinion on the Casey Anthony murder trial in Florida at least a dozen times over the past month or so. I have done my best to deflect the question, as I have not followed this trial at all. But, to be polite, I always ask the individual for their opinion while trying to avoid giving mine. The opinions were almost always “She’s guilty,” and were said more as a factual statement than an opinion.

Try as I might to avoid caring about a trial over a thousand miles away that will not impact my life one bit, I could not help but care about the verdict today. Within minutes of the “Not guilty” being handed down, Facebook land and the Twitterverse exploded with Monday morning quarterback commentary. On Facebook, my friends agreed by a large margin that the jury screwed up, posting such things as:

• “this not guilty business is ridiculous! [sic] Then again, let’s all recall OJ was not guilty as well so how surprised can we be. [sic] Sigh…”
• “This is so ridiculous, exactly like oj [sic]. I dont understand how you are guilty of lying to the police but not guilty of murder…crazy!”
• “It’s amazing to me how our legal system has failed once again, and for an innocent little girl. Casey, just wait til [sic] your final judgment day [sic]“
• “So wish the prosecution had done a better job. So frustrating!”
• “Such a tragedy. The justice system failed today and let a murderer walk free.”
• “Holy crap. Cannot believe Casey Anthony was acquitted of Caylee’s death. May the death of her beautiful daughter haunt her for every fuggin’ second of her fuggin’ hot body, fugly life. And I wonder if she is going to move back in with that molesting father of hers. Wow. So sad that there is no justice for Caylee.”
• “Wtf!?!? Not guilty? Really???”

In the Twitterverse, my tweep Time Magazine listed the top ten tweets on the verdict. These 140 character musings included:

• @JoyVBehr: “I am shocked by the #caseyanthonyverdict. Though I can’t say this is the first time Florida screwed up on an important vote.”
• @KimKardashian: “WHAT!!!!???!!!! CASEY ANTHONY FOUND NOT GUILTY!!!! I am speechless!!!”
• @MunchieTheAgent: “Casey Anthony Trial. Worst. Season. Finale. Ever.”

But, not everyone it seems was upset by the verdict. Some friends, admittedly all of them criminal defense attorneys, posted these thoughts:

• “With no physical evidence or confession, why is everybody surprised at the Anthony verdict? Do we want juries to convict based in emotion or facts or lack thereof?”
• “Jose Baez is my hero for the day. Maybe for the month.”
• “wow. kind of wanting to go to nancy grace’s office and dance, just cause.”

A couple of friends got everything exactly right in my opinion, posting:

• “I am very happy with the verdict, independently of what “I” believe to be the truth. I know I am in the minority here, but I think this is how the justice system is supposed to work.”
• “Did everyone forget about that “innocent until PROVEN guilty” thing or is the American judicial system supposed to work like a national survey where we tweet our vote? Agree with the decision or not, the courts worked like they were supposed to.”

Throughout the day, I have been reading all these posts and tweets and getting more and more dismayed. It seems that the opinion of most people is the system failed today…again. The opinion is not unique to the Casey Anthony trial, and is not at all surprising. The failure of the system and “stupidity” of American juries is a prevalent theme in the recent history of our country. This is true not only for criminal verdicts like today’s, but also in the civil arena.

It is clear to this author that America has lost respect for its justice system. In the criminal context, we constantly complain and bemoan the not guilty verdicts and blame them on stupid juries, slick defense lawyers, and “technicalities.” In the civil context, we complain and bemoan the large monetary verdicts and blame them on stupid juries and slick personal injury attorneys. The common theme, of course, is that our justice system is threatened by unsophisticated juries and trial lawyers. In reality, this is false.

The true threat to today’s judicial system is a lack of respect for that judicial system. It amazes me that the very people who will search the depths of their creativity to find an excuse to get out of jury service will so quickly Monday morning quarterback a jury’s decision. It is doubtful that Joy Behr, Kim Kardashian, Munchie The Agent, or my Facebook friends mentioned above watched and listened to every second, of every minute, of every hour, of every day, of every week of that long trial like those twelve jury members did. What is more probable is that they learned about the evidence through 1,000 word news articles summarizing an entire day’s courtroom events, and 30 second rantings by “journalists” such as Nancy Grace. Who is in the better position to make an informed decision on the facts of the case and reach the just result based on the evidence?

A perfect example of this phenomenon is the McDonald’s coffee case. This case is the bane of my existence as a personal injury lawyer, because barely a jury selection goes by where we do not have to talk about it. Everybody is quick to criticize the $2.6 million verdict for the woman who spilled coffee in her lap. But when the true facts come to light, when people are educated on what really occurred and not just relying solely on what the news reports, they tend to take a different view. This case is highlighted in the recent documentary Hot Coffee. I remember sitting in a crowded auditorium when it came to a local film festival. We all watched as interviewees trashed the verdict, like most people do. Then the filmmaker, Susan Saladoff, showed the interviewees the actual pictures of Stella Liebeck’s burns. Everyone of the interviewees changed their opinions when they saw actual evidence from the trial. When Saladoff showed the audience the burns, a collective gasp went through the auditorium. What we hear in the news media is not always what the real evidence in a case tends to  show.

It is ironic to me that so many of us are trashing the jury system of this country this day in particular. Yesterday, we celebrated the courage and bravery of our founding fathers to stand up to tyranny from the crown, yet today we appear content to question the wisdom of these founding fathers in bestowing upon us the very civil rights and liberties that make this country strong and set us apart from the rest of the world. As an officer of the court, but more so as a citizen, this makes me sad. There are flaws to the system surely, and the guilty do occasionally go free, just as the innocent are occasionally locked up for a crime they did not commit. But, a flawed system does not mean we should trash it. After all, just like the system, we all as individuals have flaws. I think everyone can agree that we as individuals deserve some respect, and so to does our justice system.

My uncle had this to say on Facebook recently about jury trials in murder cases: “I think laws have been revised to benefit long drawn out trials. If someone is caught…killing another human being then they should have their head removed during a live broadcast on CNN.” There are places in this world that do this. I can think of Iran, Syria, Libya and a few other countries off the top of my head.  When we choose to let our emotional reflex rooted in very limited factual information control our perception of what is one of the best legal systems around, we undermine our system and threaten to turn it into a system resembling those of the very countries we have fought against and decry for their human rights violations. In short, if we undermine our justice system with a complete lack of respect, then the founding fathers may have well just submitted to the tyranny of the crown instead of standing up for individual liberties.

If Casey Anthony truly did murder her daughter, then this verdict is still the right decision. Jose Baez and the rest of the defense team zealously represented their client and checked the power of the government, forcing them to prove their case beyond a reasonable doubt. The government failed to do so, according to twelve ordinary people who heard all the evidence and deliberated to reach a unanimous decision. This check on the government’s power protects all of us as citizens. The justice system is the only recourse we have to prevent abuses of power and is the only place where an ordinary citizen has a level playing field with a government or a large, wealthy corporation. Thus, it deserves a little more R-E-S-P-E-C-T and a little less Monday morning quarterbacking.

Disclaimer: This views of the author are his own. Nothing in this blog post should be construed to provide legal advice to any individual. The author did not follow the Casey Anthony trial because he followed news of greater import, such as our economic crisis, stories regarding potential presidential hopefuls, and movie reviews for Transformers: Dark Side of the Moon. Juries are not stupid. The author will only agree with this assertion when the one asserting it is called for jury duty. Your constitutional rights are not “technicalities.” They are inalienable and sacred rights. If you wish to spout off your mouth about how I am wrong, and how we need to reform our justice system to remove said “technicalities”, then allow the author to take away your First Amendment rights for a day and see how much of a “technicality” these constitutional rights are. You will be allowed only to call this day I Live In North Korea Day. The author is happy that Kim Kardashian is speechless. He believes it is about time, and he hopes she remains that way. Of note, Kardashian’s father was one of OJ Simpson’s attorneys in his murder trial. [Insert your witty, ironic and/or sarcastic comment here].  For those of you curious, [sic] used above indicates the passage appears exactly as in the original source. The usual purpose is to inform readers that any errors or apparent errors in the copied material are not from transcription; that they are reproduced exactly from the original writer. The author does not use this here to point out his friends’ failure at the English language. Rather, he uses it to lament the lack of spelling and grammar check on Facebook. Take. A. Hint. Zuckerberg. The author has become addicted to Twitter, after long resisting using it. Looking back on this post, the author is a little sad that the phrases “twitterverse” and “tweep” have entered his vernacular as a result.

I was heartbroken to see this story today that a 10 month old baby girl was killed in Raleigh, North Carolina when her mother’s SUV overturned causing the child to be thrown from the vehicle and pinned underneath.  My heart certainly goes out to the baby’s mother and family for this terrible tragedy.  This spurred me to write a blog that would focus on the safety issues regarding the use of child car seats.

The news article pointed out that while the baby was in her car seat, the seat was not secured tightly in the back seat and the harness straps were too loose.  I saw the investigating officer noted that the Highway Patrol puts on car seat programs at different locations to educate parents on the proper way to secure the seat and your child.  I also found the BIBS program (Buckle in Baby Safely) through the N.C. Department of Crime Control and Safety which gives helpful information on this issue.  You can actually take your vehicle to a Highway Patrol station and they will check your seat to make sure it is latched correctly and help you learn the correct and safe method to use.  Finally, I found additional information that is worth a read from the American Academy of Pediatrics regarding car safety seats.

I know sometimes reading instructions on how to install something can be daunting at times, so if you are in doubt as to how to properly use your car safety seat, go by a local Highway Patrol station and have them teach you the proper methods.  It could prevent such a tragedy as happened here.  Many prayers go out to this family and others who may have experienced the same terrible event.

If you’ve been reading this blog recently, you know that we at Leone Noble & Seate, L.L.P. have been following several bills in the North Carolina General Assembly that could impact your legal rights when you are harmed by another’s wrongdoing. The legislature has wrapped up their session and will go back to work on July 21, 2011. It’s time for the good news, and the bad news on these bills.

SB 33: Medical Liability Reforms

The Bad News: This bill passed both the Senate and the House in the General Assembly after numerous amendments. In its original form, it  legalized negligence in emergency rooms, and denied catastrophically injured people a just recovery by a verdict of their peers. Two former Republican NC Supreme Court Justices said this is unconstitutional because the legislature cannot interfere with each North Carolinian’s right to a fair jury trial or overrule jury verdicts. Among other things, this bill included a cap on noneconomic damages of $500,000.00.

The Good News: Governor Perdue vetoed SB 33 on Friday, June 24, 2011.

The Yet to Be Seen: Governor Perdue issued the following statement when vetoing the bill:

“I am strongly committed to passing meaningful medical malpractice reform.  Doctors, hospitals and nursing homes in North Carolina are all being burdened by medical malpractice insurance rates that are too high.

By working together, we enacted meaningful changes to our tort law (H.B. 542) and our worker’s compensation system (H.B. 709) this year.  We can achieve real medical malpractice reform as well.  I commend the legislature for addressing this important issue but, in its current form, the bill is unbalanced.  I urge legislators to modify the bill when the General Assembly returns in July to protect those who are catastrophically injured.  Once the bill is revised to adequately protect those that are catastrophically injured, I will proudly sign it into law.  I pledge to continue working with the General Assembly to achieve a comprehensive, bipartisan consensus.”

It is too early to predict whether medical liability reform will be revived in the General Assembly’s short session or in future sessions, and what form it will take.

HB 542: Tort Reform for Citizens and Businesses

The Bad News: On June 24, 2011, Governor Perdue signed HB 542 into law in a defeat for the legal rights of North Carolina citizens and taxpayers for the benefit of Wall Street greed. In signing the bill, Governor Perdue stated, “House Bill 542 will ensure that when an accident happens, the laws in North Carolina both protect those injured and also prevent undue or disproportionate penalties from being imposed upon our companies. This law helps strike a fair and delicate balance.”  We must respectfully disagree.  This law will  make insurance companies more profitable at the expense of innocent victims of wrongdoing, and contains measures that will make it more difficult for victims to obtain justice.

The Good News: The version of HB 542 that was signed into law by the Governor was significantly better than the bill’s original form. While it still has far-reaching and negative consequences for victims, it could have been far worse.  The most significant change to the bill was the removal of the controversial provision that would have granted immunity to drug companies when their products were shown to kill or otherwise harm individuals if they had government approval.

Be sure to check back on this blog frequently as we will continue to update you on legislative changes that could impact your rights when you have been harmed by someone else. For a more detailed history of these bills and the tort reform debate in North Carolina, please be sure to check out our past posts on the topic (listed in chronological order):

Thinking Caps (Jun. 2, 2010)

The U.S. Chamber Pot (Dec. 22, 2010)

Lessons in Frivolity (Dec. 28, 2010)

Like A Good Neighbor (Mar. 18, 2011)

Help Us In Defending Your Rights (Mar. 30, 2011)

North Carolinians for Affordable Health Care (May 11, 2011)

Are Lawsuits Such A Bad Thing Afterall? (May 12, 2011)

NC HB 542: You Ask, I Answer (May 18, 2011)

NC HB 542 Legislative Update: Keep Heping Us in Defending Your Rights (May 31, 2011)

Disclaimer: The views of the author are his own. Nothing in this blog post should be construed to provide any legal advice to any individual. The author also recommends the documentary Hot Coffee to anyone interested in the tort reform debate. It aired on HBO last night at 9:00 p.m. and will be available for DVD this fall.

The short response to this question is no.  Workers’ compensation law does not allow for a recovery of pain and suffering for the injured worker.  So it should be fairly intuitive that workers’ compensation law does not allow for the pain and suffering of the injured worker’s spouse.   If it’s not that intuitive for you, I invite you to look back at the criteria for injuries to be covered under the Workers Comp Act.  One implied requirement is that an employment relationship exists between the claimant and the employer.  In most cases, the employment relationship would not exist between the injured worker’s spouse and the employer.  If by some chance the spouse and the injured worker are employed by the same employer, the spouse’s pain and suffering must arise out of and in the course of employment.  Although each situation would depend on the facts of each specific case, my inclination is that it would be difficult to meet that requirement for a spouse’s pain and suffering claim.

Because workers’ compensation law does not allow recovery for a spouse’s pain and suffering, that is not to say that a spouse cannot recover any benefits under workers’ compensation law.  A spouse may be able to recover death benefits if the injured workers’ death proximately results from a compensable injury or occupational disease.  The death must occur with six years of the compensable injury or occupational disease or within two years of  the final determination of disability, whichever is later.  The Act outlines the specifics of who is entitled to receive benefits as well as the amount of benefits they are entitled.

Can you stay safe from a drunk driver?  This question came to mind when I saw a news story that two young people who were riding a motorcycle in Harnett County on Sunday were killed when a drunk driver hit them.  Just driving to work the other morning I got behind someone driving erratically and thought to myself, “That person is drunk and is going to cause a car accident”, and I gave them a wide berth.  So I thought it would be a good blog post to write about any ways you can stay safe from drunk driver’s on the road.  I did some online research and came up with some ideas:

• First and foremost, never get in the car with someone who has been drinking any amount of alcohol.  In North Carolina, you are legally drunk if you blow more than a .08.  Here is a chart that gives you some estimations of what it takes to reach a .08.  But remember, one drink, even if it doesn’t cause the BAC to reach .08, is enough to cause impaired judgment and reasoning which can lead to serious consequences.
• If you see a driver on the road who looks like he or she may be driving drunk, call 911 immediately and report it.  You could just be saving someone’s life.
• Symptoms of drunk driving include rapid and erratic acceleration and deceleration, stopping suddenly and/or in an inappropriate place, driving in the center of two lanes, driving very slowly (i.e. under 10mph) and other similar odd behaviors. (Taken from The Defensive Driving Blog).
• If you see a suspected drunk driver, take great care to give them ample space.
• Always practice your best defensive driving skills and keep a sharp lookout all around you.
• Always wear your seatbelt!!!

We hope these tips will help keep you and your family safe.  If you or a loved one are injured by a drunk driver, call the experienced accident attorneys at Leone Noble & Seate for free advice.  1-877-847-4804.

It’s mid-June and we are already in those sweltering 90 degree days here in Raleigh, North Carolina.  If you can’t beat the heat by laying under an air conditioner, then follow these great tips from the Red Cross on how to stay safe while outdoors:

• Stay hydrated!  Drink plenty of fluids, even if you are not feeling thirsty.  Do not drink caffeine or alcohol.
• Wear loose fitting, light colored clothing.
• Wear a sunscreen with a high SPF factor and it wouldn’t hurt to put on a hat as well.
• Avoid strenuous activity while in the heat. Stay indoors during the hottest part of the day.
• Watch your pets. They get hot and dehydrated too.  Make sure they have shade and plenty of water to drink.
• Never, ever, ever leave children or pets inside of a vehicle.  Children can die inside of a closed vehicle when the temperatures are only in the 60′s. Here is some great safety information from KidsAndCars.Org about this safety issue.

You should learn to recognize signs of someone suffering from a heat related illness.  Heat cramps are muscular spasms in the legs or abdomen that are caused by high heat/humidity and loss of fluids.  Heat exhaustion occurs when you lose fluids through heavy sweating during strenuous activity in the heat.  In addition to sweating, look for headache, dizziness, nausea and weakness.   If someone is suffering from heat exhaustion, get them immediately to a cooler place and apply cool wet clothes to the skin.  Have them drink fluids slowly.  Heat stroke is very serious and can be life threatening.  This occurs when a person’s body temperature control system stops working and the body becomes unable to cool itself down.  Symptoms manifest by hot, red skin, changes in consciousness and vomiting.  This is very serious and you should call 911 immediately.  Give immediate care by moving the person to a cooler area and apply ice wrapped in cloth to the wrists, ankles, groin, neck and armpits while you wait for emergency help.

As always, stay safe and have a glorious summer!!!! Leone Noble & Seate is a personal injury law firm dedicated to defending peoples’ rights and keeping them safe!