By Melissa Tulis Smith Established case law tells us that pro se litigants are held to the same standards as represented parties. In practice, however, that principle does not always play out neatly in the courtroom — and often, it shouldn’t. While pro se parties must follow the rules, attorneys should approach interactions with them […]
By Melissa Tulis Smith It is with great gratitude and enthusiasm that I step into the role of Chair of the Litigation Section of the North Carolina Bar Association for the 2025-2026 bar year. As I look ahead, I am honored by the opportunity to lead a Section that I deeply respect—one that plays a […]
By Chris S. Edwards One of the hallmarks of skilled appellate advocacy is knowing when an argument is properly preserved. Whether you’re on the offensive or defensive side of an appeal, identifying preserved (and unpreserved) issues can make or break your case. Because the Fourth Circuit issues relatively few precedential opinions, it can be tough […]
By Philip Isley Editors Note: On March 11, 2023, a car accident tragically claimed the life of Litigation Section Vice Chair Jack Bebber. On May 9, 2025, the Litigation Section was proud to honor his life and his service by dedicating a paver in the Liberty Garden at the Bar Center in his memory while […]
By Isabelle M. Chammas and Joseph A. Schouten Your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news spreads quickly across industry publications and blogs, leading to a flood of inquiries from concerned customers wanting to know if the stories have […]
By Matt Krueger-Andes As you know, Hurricane Helene had a devastating impact on Western North Carolina. Recovery from this disaster will take years, and residents who have suffered losses from the storm need legal help getting back on their feet. The North Carolina Bar Foundation has several ways that North Carolina litigators can offer assistance. […]
By Chris S. Edwards Judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of the Fourth Circuit, Albert Diaz, has said that he and his colleagues routinely read briefs only on their iPads). Instead, they read briefs just like you or I would, on a […]
By Donald R. Pocock I am pleased to serve as the chair of the section this year, and I am writing to encourage all of you to take advantage of the benefits the section has to offer. On November 30, the section will be hosting a CLE called Threading the Needle. The program focuses on […]
By Keith A. Wood, Chris W. Genheimer, and Michael J. Allen Sometimes publicity is a bad thing, and notoriety is even worse. That seems to be the case with respect to an apparent major change in the IRS’s views on the tax treatment of contingent fee deferral arrangements that plaintiffs’ attorneys often use. Structured attorney […]
By Rick Conner After much anticipation and several postponements, eCourts is now live in the four pilot counties: Wake, Johnston, Lee, and Harnett. All new filings in these counties, including subsequent filings in open cases, must be done via eFiling aka File & Serve. Attorneys can file pleadings, submit documents to the court, pay fees, […]