NC: Still Growin'...

The Hypotenuse loves data. After all, data is how lawyers turn arguments into jury verdicts. So when we at The Hypotenuse find some interesting data, we like to share it so long as that data is not confidential attorney-client privilege.

Here is some interesting data dug up by the N&O:

http://www.newsobserver.com/news/local_state/story/254980.html

For 2009, North Carolina was the ninth fastest growing state. But, in terms of overall population growth in raw numbers, North Carolina was the third fastest growing state. While population growth has slowed just a bit (probably due to some recession I have heard a little about), NC is definitely still expanding.

What does this population data mean to you? Well, you have to answer that for yourself. To me, it means more potential clients, and they might be from out of state.

By: Drew S. Sprague

Are You Liable For Libelous Tweets?

Can a person be held liable for defamation based on a libelous "tweet"? We are about to find out thanks to a dispute between Courtney Love and a fashion designer who did work for her.

Here's the CNN version of the story.

http://www.cnn.com/2009/TECH/11/17/law.technology/index.html

The bigger question posed in the article is whether the law can keep up with technology. As new social mediums arise and become the norm, it is our job as lawyers to adjust our arguments and make new law. It will be interesting to see whether a tweet can be libelous. In the meantime, all you loyal Hypotenuse readers, be careful what you say on-line. We'll try to do the same.

By: Drew S. Sprague

The Smoking Ban Heats Up In NC

In a recent straw poll, the second most popular topic The Hypotenuse readers wanted to know about, other than the new N.C. ban on texting while driving, was the meaning of the new ban on smoking in restaurants in North Carolina. I'll be honest. It is a little confusing even for a lawyer, but I'll try to explain it to the loyal readers out there. Here goes.

Beginning January 1, 2010, restaurant and bar patrons in North Carolina will no longer be able to smoke inside restaurants and bars. This includes the bar area of a restaurant. So even if the bar is separate, there will be no smoking in restaurants and bars in North Carolina.

Some bar owners thought their establishments may have been exempt because the law carved out an exception on the ban for "private clubs" and loosely defined the term. Whether a bar or private establishment will be able to allow smoking depends on whether that business is considered to be a "private club". It remains to be seen whether state officials will try to strictly enforce the "private club" exemption or view it as just a little "smoke under the bridge" so to speak.

Additionally, the law authorizes a $50 fine for patrons who keep smoking after being asked to stop. There is also a $200 fine for owners who repeatedly allow smoking in their establishments.

And you thought smoking was only bad for your health? Now it is going to be bad for the smoker's wallet. It remains to be seen whether the smoking ban in bars and restaurants will be good or bad for the bottom line.

News of the New Smoking Ban:

http://www.wral.com/news/news_briefs/story/5169111/

http://www.nytimes.com/2009/05/20/us/20tobacco.html

The "Private Club" Exemption:

http://www.charlotteobserver.com/local/story/1021876.html

As always, there is more to come. The Hypotenuse will keep you updated.

by: Drew S. Sprague

Nationwide Bar (Exam) Could Be A Reality

Lawyers are notorious whiners. In a certain way, that is what they are paid to do. And one thing you will always hear lawyers, especially new ones, whining about is the bar exam.

The bar exam, to a lawyer, kind of turns into the big fish story that every old man has. The longer ago you took the bar, the more and more difficult it was at the time. Well, there is some breaking news on the bar exam front.

A movement exists to push for a national bar exam. Currently, in order to practice law in a state, a person must have either passed the bar in that state or waived into the bar through other requirements.

The new movement would nationalize the bar exam and make it easier for attorneys to practice law in other states. The Hypotenuse, of course, does not take a position on this either way. I am just here to inform those of you who are interested.

http://www.law.com/jsp/article.jsp?id=1202434472731&src=EMC-Email&et=editorial&bu=Law.com&pt=Law.com%20Newswire%20Update&cn=LAWCOM_NewswireUpdate_20091012&kw=Uniform%20Bar%20Exam%20Drawing%20Closer%20to%20Reality

By: Drew S. Sprague

Don't Be This Guy

File this under, don't try this at home, or in a gas station. While the following video may have nothing to do with law or the Triangle or North Carolina for that matter, The Hypotenuse is always concerned about public safety and wants to remind all of the loyal readers out there, "Don't be this guy."

Stay safe out there North Carolina and enjoy this silent film from your local convenience store.

http://www.youtube.com/watch?v=-s_40rM_L0s&feature=player_embedded

By: Drew S. Sprague

Recycle North Carolina... Or Else!

Watch out North Carolina! You may want to look over your shoulder the next time you empty the trash. A new North Carolina law, which goes into effect in October, is now making it a crime to NOT recycle. When you empty the trash bin, be careful out there. Johnny Law could be watching.

Disclaimer: If The Hypotenuse sees anyone dumping a sacred aluminum can into the trash or even tossing a plastic bottle in the garbage, The Hypotenuse may have to perform a citizen's arrest on anyone who does not abide by the new recycling law.

Here's the vid.

http://www.wral.com/news/local/video/5265939/

Here's the article.

http://www.wral.com/news/local/story/5265295/

By: Drew S. Sprague

Leave The Choking To The Opposing Team

The Hypotenuse has had death on the brain recently. The reason for that is because I almost died the other day. Due to my own personal experience, I have decided to dedicate a posting to the safety and well being of North Carolinians as well as those living beyond our borders. Here's the rub (and we ain't talkin' pork barbecue, although I wish we were).

I almost choked the other morning. I am an admittedly poor pill taker, and I was attempting to swallow one of those horse pill sized multi vitamins. Well, as I tilted my head back and tried to gush down the water and horse pill vitamin simultaneously, the vitamin went down the wrong pipe.

I began choking, and my life flashed before my eyes. I was having trouble breathing and coughing at the same time. As I was about to call 911, with one last good cough, the vitamin shot out of my mouth, flew across the kitchen, and landed in the sink.

The scary part of the whole thing was that I really had no idea what to do. This is where The Hypotenuse comes in. I have since learned that you can actually give yourself the Heimlich Maneuver. This is easily accomplished by simply pushing your stomach against a chair or other object. See the above picture. Remember, coughing is good in this situation.

Also, here's a video to aid in your Heimlich knowledge.

http://www.youtube.com/watch?v=kJDpr05zmB4

Hope this helps. Let's leave the choking to the opposing team on Saturdays. Stay safe out there NC.

By: Drew S. Sprague

And The Last Word Is...

They say everything is bigger in Texas. At least that is what we are told. The Hypotenuse has been there. In fact, I have family in Texas and usually visit around the Holidays during the even numbered years in which the Summer and Winter Olympics are held. I'm not sure if everything is indeed bigger there, but I am sure Texans think everything is bigger there.

Well, here is an interesting development out of the Lone Star State. The Texas Department of Criminal Justice has created a website with the last words of all of the inmates who were executed on death row in Texas. No matter your thoughts on the death penalty, and The Hypotenuse is not gonna even think about touching that issue, I thought the website was interesting.

http://www.tdcj.state.tx.us/stat/executedoffenders.htm

By: Drew S. Sprague

Lake Lure, NC Will Hold Memorial For Patrick Swayze

North Carolinians looking for a way to remember Patrick Swayze now have their chance. Lake Lure, NC, the original filming site for Dirty Dancing, is hosting a memorial service for the actor this weekend. The memorial service will be held at Firefly Cove, the housing development that served as Camp Chimney in Dirty Dancing.

Here are the details:

http://www.usmagazine.com/moviestvmusic/news/dirty-dancing-town-to-hold-patrick-swayze-memorial-2009179

I'm thinking the phrase, "Noboby puts Baby in a corner" will be overheard at the service. R.I.P. Mr. Swayze.

Photo Credit: Bruce Gifford/FilmMagic

by: Drew S. Sprague

Raleigh Lawyer May Take Down The NCAA

It's not often that the NCAA gets taken down. But, a Raleigh lawyer may be in the process of doing just that. A member of the Wake County bar argued in court the letters of intent signed by high school athletes to attend a particular college do not meet the requirements for a contract under North Carolina law.

In order to sign a valid contract in North Carolina, you must be an adult. Hence, children under the age of 18 cannot sign a contract because, in legal terms, the court has ruled that they do not have the capacity to form a contract, since children are minors. Considering most of the student athletes who sign a national letter of intent to play college sports are under the age of majority, this Raleigh case may set precedent that the NCAA letters of intent are not valid contracts and therefore unenforceable.

Check out the article.

http://www.wralsportsfan.com/college_basketball/story/5971174/

The NCAA is one of the last monopolies still in existence in America. It would be nice to see a Raleigh guy take them down. Plus, if this case or a future case creates precedent, NCAA recruiting will be forever changed.

By: Drew S. Sprague

I'm Not A Shark, But I've Been Around A Few

The ole analogy persists of the trial lawyer as a shark. I can firmly say that I am not a shark, but I've been around a few. And I definitely know how to handle them. In fact, when I was down in Miami for the Orange Bowl a few years ago, I was stung by a jelly fish that some in our traveling party compared to a shark.

Well, for those of you trying to enjoy the last few weeks of summer vacation in North Carolina, you may want to be mindful of the sharks off the North Carolina coast. Beware, these pictures are a little frightening for all of you surfers, sunbathers, and beach goers.

Check out the shark pictures from Scott Taylor Photography, Inc.:

http://www.scotttaylorphoto.com/sharks09/index.htm

The pictures originally ran in The News & Observer accompanied with this article:

http://www.newsobserver.com/news/story/1654721.html

Make sure to stay safe as you squeeze out the last few weeks of summer. And if you need to deal with some legal sharks, be sure to contact a lawyer.

by: Drew S. Sprague

Texting While Driving Banned in North Carolina

After a little research, I am now ready to discuss the most popular legal topic, by a very wide margin, from the loyal readers of The Hypotenuse. The focus groups (or really just a small polling among close friends) have determined that North Carolinians want to know about the new law passed by the North Carolina General Assembly banning texting while driving.

Well, here is the law itself banning texting while driving.

http://sogweb.sog.unc.edu/blogs/ncclaw/?tag=texting

Note, the law only applies while the vehicle is in operation. Therefore, if you are parked, you can still text in your car. But, you may want to turn off the engine and remove the keys, just to be on the safe side of the law. Also, the new law makes it "unlawful to read email or text messages while driving." Even reading a text is illegal.

Below are a couple of links from The News & Observer discussing the new law and its ramifications on the North Carolina roads.

The first article highlights that you can still use a GPS navigation system. So if you happen to have a GPS device on your phone, that could be a very good defense to a texting while driving charge.

http://www.newsobserver.com/248/story/1642254.html

The second article is one reporter's take on the texting while driving situation in North Carolina.

http://www.newsobserver.com/business/technology/story/1649941.html

To all my South Carolina and Virginia buddies out there, when you cross the state line into North Carolina, you better go ahead and put the Blackberry or iphone down.

Remember, this law takes effect on December 1, 2009, so those of you who are addicted to the handheld better get your fix of texting while driving before December 1. Also remember, this blog is no way creates an attorney client relationship. If you need some actual advice, you gotta call.

Finally, my realtor, Johnny Wehmann, would like to remind everyone that a good way to remember the date that the texting while driving ban takes effect is that the law takes effect on December 1, 2009, which happens to be the same day that the $8,000 tax credit for buying a new home expires. So fellow North Carolinians, you need to stop texting while driving and go buy a house before December 1, 2009.

By: Drew S. Sprague

The Information Age

"It was the best of times. It was the worst of times." The famous line from Dickens' novel, A Tale of Two Cities, can be used to sum up a lot of things. Not many does it describe as aptly as the current legal system in the United States.

The good is that we live in the greatest democracy with many constitutionally derived rights. The bad is that now, more than ever, the legal system is over-crowded, the jails are full, and judicial access requires money--sometimes a lot of money.

Another good thing is that we live in the information age and many times information is just a mouse click away. Now, because of the internet, we can serve as our own bank tellers, investment advisors, travel agents, and pizza delivery guys. Sometimes, though, you can find just enough information on-line to be dangerous.

If you think, however, saving a little money by representing yourself in a court of law is the right answer in these tough economic times, you may want to think again. The New York Times recently wrote an article about how representing yourself in court may not be such a good idea. Check out the article here:

http://www.nytimes.com/2009/04/10/business/10lawyer.html?partner=rss&emc=rss

Being in court a lot and watching people try to represent themselves when they have no idea what they are doing has convinced me that the money used to hire a lawyer is well spent, especially when you have so much on the line. A lot of times the money you think you save by simply paying the fine and mailing in a ticket actually ends up costing you more in insurance premiums. Or, worse, you represent yourself and lose the case. Or even worse, you represent yourself, lose the case, and are ordered to pay the attorney's fees for the opposing party. Or even more worse, you represent yourself and get thrown in jail. Stranger things have happened. Make sure you know your rights. Talk to a lawyer.

By: Drew S. Sprague