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Dog Bite Claim in NC?

In short, dog bites are weird cases in NC.  To put them in a nutshell, though, there are really three main issues with them:  History of the dog, existence of insurance, severity of the bite. 

In a manner of speaking, the owners have a way out if the dog doesn’t have a known “dangerous propensity” that they are aware of.  If the dog has bitten someone else before, then they are super on the hook for it (what is known as strict liability), though you likely won’t know this without the animal control report and maybe asking AC for a history of reports on the dog (or some inside info from neighbors, etc.).  That doesn’t mean you can’t prevail if there’s no previous bite.  A dangerous propensity can be something other than a bite.  It can be growling, lunging, dog aggression, etc.  You can also go a straight negligence route; that would be the old reasonable person standard.  Like if you left a big dog with a toddler on a deck alone and there’s no rail and it knocks them off.  

Then there is always the problem of coverage.  You can have the clearest liablity (strict or otherwise) but if the owner doesn’t have homeowners or renters insurance, you probably won’t see any actually meaningful recovery out of it.  I tend to firmly but nicely ask the owner to provide their insurance carrier with my info and a report on the incident, then see what happens.  About 70% of the time they comply.  But sometimes they just stay silent.  There are ways to get around them stonewalling you without filing suit but they are uncertain.  This can be frustrating because the only way to really put the pressure on them to give you insurance info is the file suit, but you kind of don’t really know if the case is worth filing suit on without knowing there is coverage. It can be a leap of faith, which is scary.

Then, probably the biggest issue in most situations, so maybe I should have led with it, is the severity of the bite.  These cases can be frustrating, so if it’s two puncture wounds and one ED visit (with no necessity for a rabies shot) then the juice is probably not going to be worth the squeeze anyway.  But there are bites and there are BITES.  Where was the bite?  How bad does it look?  What treatment is needed?  Will scarring be an issue?  Surgery necessary?  Rabies shots (those are about $20k)?  While I firmly believe it’s always better to have your health than a good case, obviously, the further up this scale you go, the more it may be worth the hassle of going through all of this.  If you’re in a situation where the first two things are easy (Clear liability, insurance is already in play/in contact) then you can normally get even a small one settled with reasonable effort.  And if the injuries are bad, you may need to wait a bit to see how they heal, but you can often get them settled.  If you do not have one or both of the first things, then maybe filing is the only answer, but you’re really going to have to think about whether it’s worth it if the damages aren’t that bad.  

Like I said, these are weird. If you have a dog bite claim in NC, call a lawyer who has handled them. Call me at 919-929-2992.

Don’t let the first offer get to you

Part of any healthy negotiation situation is reminding yourself not to take anything personally. That is hard to do with personal injury claims because the negotiation involves something so very intimate: your health.

I understand. When you hear the other side throw out some low, arbitrary number to allegedly compensate you for the injuries you suffered as a result of your accident it feels like a personal insult. And it’s OK to feel that way. But for purposes of moving forward with your claim, it’s healthy to remember that it’s not personal: this is business.

One thing you can remind yourself to do is remember that the first offer is almost never the best offer. Things are going to go up from there, so even if the first offer seems low, that doesn’t mean the case is worthless or they’re not respecting you or your suffering. It just means that they have a job to do.

But so do I. I will do my best to help portray your story in the light most favorable to you. I’ll highlight your features and shade your flaws as best I can to try to help them see the case as close as possible to how you see it. Granted, they aren’t likely to see it like you do, because it didn’t happen to them, personally. But we can try to get them close.

As with all things North Carolina personal injury claim-related, if you have a question, please call me at 919-929-2992.

Healthcare Letters of Protection Present Conflicts of Interest for Personal Injury Attorneys

MEMORANDUM OF LAW REGARDING LETTERS OF PROTECTION


I. ISSUE PRESENTED

Whether an attorney licensed in North Carolina may ethically execute a “letter of protection” agreeing to pay a health care provider from settlement proceeds, where doing so creates obligations to a third party that may conflict with the attorney’s duties to the client.


II. SHORT ANSWER

No. The North Carolina Rules of Professional Conduct prohibit a lawyer from undertaking obligations to third parties that materially limit the lawyer’s representation of a client. A letter of protection creates a concurrent conflict of interest under Rule 1.7, risks impermissible financial entanglement under Rule 1.8, and interferes with the lawyer’s duties regarding the safekeeping and distribution of funds under Rule 1.15.

Health care providers are not without remedy. North Carolina law provides a clear statutory mechanism for protection of medical bills through properly asserted liens under N.C. Gen. Stat. §§ 44-49 and 44-50, which attorneys are legally obligated to honor.

III. GOVERNING SOURCES

IV. EXPLANATION

A. Letters of Protection Create a Concurrent Conflict of Interest Under Rule 1.7

Rule 1.7(a)(2) prohibits representation where there is a “significant risk” that the lawyer’s responsibilities to a third person will materially limit the representation of the client.

A letter of protection does precisely that.

By agreeing to pay a medical provider from settlement proceeds, the attorney assumes a direct obligation to a third party. That obligation creates a material limitation because:

  • The client may wish to dispute, reduce, or refuse payment of the provider’s charges;
  • The attorney, having promised payment, is constrained in advising or pursuing those options;
  • The attorney’s independent professional judgment is divided between client and creditor.

This is not a theoretical concern. It strikes at the core of settlement strategy, negotiation of medical bills, and allocation of proceeds.

Even if client consent is attempted under Rule 1.7(b), the lawyer must reasonably believe that competent and diligent representation remains possible. Where the lawyer has pre-committed settlement funds to a third party, that belief is, at minimum, highly questionable.

B. Letters of Protection Risk Violating Rule 1.8 by Creating Improper Financial Obligations

Rule 1.8 strictly limits financial entanglements arising from representation.

While Rule 1.8(e) allows advancement of litigation expenses, it does not authorize a lawyer to guarantee a client’s debts to third parties.

A letter of protection may function as:

  • A guarantee of payment and/or
  • A commitment that exposes the lawyer to personal liability or pressure to pay regardless of the client’s position.

This creates a self-interest conflict, as the lawyer may act to avoid personal exposure rather than to maximize the client’s recovery.

C. Letters of Protection Undermine the Lawyer’s Duties Under Rule 1.15

Rule 1.15-2 requires a lawyer to:

  • Hold funds in trust when there are competing claims, and
  • Distribute funds only to those entitled to receive them.

Critically, when a claim is disputed, the lawyer must retain the disputed portion in trust until resolution.

A letter of protection improperly short-circuits this framework by:

  • Predetermining entitlement before resolution of disputes;
  • Forcing the lawyer to disburse funds even where the client contests the bill;
  • Transforming the lawyer from a neutral fiduciary into an enforcer of a private agreement.

This is incompatible with the lawyer’s fiduciary obligations under Rule 1.15.

D. The Lawyer’s Duty of Loyalty Runs to the Client, Not to Third-Party Creditors

Rule 1.2 requires the lawyer to abide by the client’s decisions regarding the objectives of representation.

A letter of protection shifts practical control toward the medical provider by:

  • Restricting the client’s ability to challenge charges;
  • Limiting settlement flexibility;
  • Subordinating the client’s financial interests to those of a third party.

The Rules do not permit a lawyer to elevate a third-party creditor’s interests above those of the client.

E. North Carolina Law Provides a Clear, Ethical Alternative: Statutory Medical Liens

Health care providers are not left unprotected. North Carolina law provides a specific mechanism:

  • N.C. Gen. Stat. § 44-49 grants medical providers a lien on personal injury recoveries;
  • N.C. Gen. Stat. § 44-50 governs enforcement and distribution.

To assert such a lien, the provider need only:

  1. Provide the medical records and billing, and
  2. Give notice that a lien is being asserted.

Once properly asserted, the attorney is legally obligated to account for that lien in any disbursement of settlement proceeds.

This statutory framework:

  • Protects providers’ interests,
  • Preserves the attorney’s ethical duties, and
  • Avoids creating extra-contractual obligations that generate conflicts of interest.

V. CONCLUSION

A letter of protection places the attorney in an untenable position:

  • It creates a concurrent conflict of interest under Rule 1.7;
  • It risks improper financial obligation under Rule 1.8;
  • It interferes with fiduciary duties under Rule 1.15.

The North Carolina Rules of Professional Conduct do not require, and do not support, such arrangements.

Instead, the law provides a clear and sufficient alternative: health care providers may protect their interests by properly asserting statutory liens under N.C. Gen. Stat. §§ 44-49 and 44-50, which attorneys are legally bound to honor.

For these reasons, refusal to execute a letter of protection is not only permissible but ethically compelled.

Why You Should Carry As Much Uninsured/Underinsured Motorist Coverage As You Can Afford in North Carolina

When people think about car insurance in North Carolina, they usually focus on the coverage that protects other people if they cause an accident—liability insurance. That’s required by law, so most drivers know they need that.

What many people don’t think about enough is the coverage that protects them.

In North Carolina, that protection comes from Uninsured and Underinsured Motorist coverage, usually referred to as UM/UIM coverage. And if you ask me what limits you should carry, my answer is simple:

As much as you can reasonably afford.

North Carolina operates under a liability system. That means the person who causes the crash is responsible for paying the damages. In theory, that sounds fine. In reality, the at-fault driver often doesn’t have enough insurance or sometimes any insurance at all. When that happens, the person who caused the wreck may not have the financial resources to compensate you fully. That’s where UM/UIM coverage becomes critical.

Here is a link to a previous post on what that is, precisely:

North Carolina requires drivers to carry minimum liability limits, but those limits are not particularly high relative to medical expenses. The latest increase of liability limits was in 2025, and that lifted us up to $50,000. That can be one ED visit.

Serious injuries can easily exceed those amounts once you factor in:

  • Emergency room treatment
  • Imaging and diagnostic tests
  • Physical therapy/Chiropractic care
  • Lost income
  • Pain and suffering
  • Long-term medical care

If the at-fault driver only carries minimum coverage, their insurance may run out long before your damages are fully covered.

If that happens, your UIM coverage should be able to help bridge the gap.

A lot of people assume their insurance policy is mainly there to protect others from them. UM/UIM coverage flips that idea around. It protects you and your family when someone else’s insurance isn’t enough.

As a personal injury attorney, I regularly see cases where someone suffers significant injuries and the at-fault driver only has what the state requires (if that) and it’s just not enough to cover their damages.When my client has strong UIM coverage, there’s often a path to recovering fair compensation. When they don’t, the options can become extremely limited.

That’s one of the reasons I encourage people to think about insurance coverage before they ever need it. Increasing your UM/UIM limits is usually one of the least expensive ways to dramatically improve your protection. For many drivers, raising those limits only adds a small amount to the monthly premium. But if you’re seriously injured by someone with little or no insurance, those additional limits can make an enormous difference in your ability to recover.

You can’t control who shares the road with you. Some drivers are uninsured. Others carry the bare minimum coverage. And accidents happen every day. The best way to protect yourself financially is to carry as much uninsured and underinsured motorist coverage as you can reasonably afford.

It’s one of the smartest insurance decisions you can make

If you’ve been injured in a car accident in North Carolina and have questions about insurance coverage or your rights, call me at 919-929-2992.

Why You Should Use Your Med Pay Coverage (Even If Your Insurance Agent Tells You Not To)

One of the most common things I hear after a car accident is this:

“My insurance agent told me not to use my MedPay.”

That advice is almost always wrong.

If you paid for Medical Payments coverage (Med Pay), you should use it. That’s what it’s there for. And refusing to use it because someone says “you don’t want a claim on your policy” makes about as much sense as this:

Imagine you had life insurance. You get murdered. Your family says, “Well, yes, he had life insurance… but we don’t want to collect it. We’d rather make the murderer pay.”

That’s ridiculous.

They’re not mutually exclusive.

You can collect life insurance and pursue the wrongdoer. Just like you can use your Med Pay and pursue the at-fault driver.


What Med Pay Actually Is

MedPay is no-fault coverage under your own auto policy. It pays medical expenses after an accident regardless of who caused it. It doesn’t require a lawsuit (at least it shouldn’t). It doesn’t require a fight (see last caveat). It’s a contractual benefit you purchased.

You are paying premiums for that benefit every time you pay your auto insurance bill.

Why would you not use something you’re paying for?

The Insurance Information Institute explains that Medical Payments coverage is designed to pay medical expenses for you and your passengers after an accident, regardless of fault:
👉 https://www.iii.org/article/medical-payments-coverage

That’s not a loophole. That’s the purpose.


“But My Agent Said It Might Raise My Rates”

Here’s where things get interesting.

Insurance agents are typically compensated through commissions based on the policies they sell and retain. Their income can be affected by underwriting performance, loss ratios, and retention metrics. If claims increase, profitability can decrease. Lower profitability can impact agency compensation structures.

In other words, agents often have financial incentives aligned with keeping claims low.

I’m not saying every agent is acting in bad faith. Many are good people. But understand this:

They are not your fiduciary in a personal injury claim.
They are part of the insurance ecosystem.

Using Med Pay can sometimes affect underwriting decisions at renewal. That’s true. But so can not using it and letting medical bills go unpaid, damaging your credit, or forcing you into collections.

You have to weigh real-world consequences—not hypothetical rate adjustments.

And remember, in NC, they can ONLY raise your rates for things that you’ve done in TWO scenarios: You’re convicted of a moving violation, or YOU cause an accident resulting in payment from the policy. When YOU do not cause the accident, they can’t raise your rates for claims.



If you don’t use MedPay:

  • Your providers may send bills to collections.
  • Your credit may take a hit.
  • You may feel pressured to settle early just to get bills paid.
  • You may appear less “injured” because there’s limited treatment documentation.

If you do use MedPay:

  • Bills get paid promptly.
  • You get appropriate care.
  • Your claim is properly documented.
  • Financial stress decreases.

You bought the coverage. Use it.


The Bottom Line

Insurance companies sell products. Med Pay is one of them. It’s not charity. It’s not a loophole. It’s a contractual benefit you paid for.

Telling someone not to use Med Pay after they’ve paid premiums for years is like telling a family not to collect life insurance because “we’d rather just pursue the murderer.”

They are not mutually exclusive.

If you’ve been injured in a car accident in North Carolina and you’re unsure whether to use your MedPay, call me. I’ll give you a straight answer based on your situation—not on anyone’s commission structure.


📞 Call me if you’ve been injured in a car accident and have questions about MedPay.
🖥️ https://jeffreyhowardlaw.com

Duke Student or Staff Injured in a Car Accident? Why You Shouldn’t Handle the Claim


If you’re a Duke student, faculty member, or staff employee and you’re injured in a car accident in Durham or the surrounding area, you may assume the insurance company will “do the right thing.”

That assumption usually costs people money.

I represent injury clients throughout the Triangle, including many connected to Duke University, and I’ve seen firsthand how quickly a supposedly simple auto accident claim can go sideways without legal help.

Smart, Capable People Still Get Taken Advantage Of

Duke-affiliated clients are often highly educated, capable, and organized—which unfortunately makes insurance adjusters assume they can push harder.

Being smart doesn’t mean you know insurance law. And in North Carolina, one wrong statement or one misstep can tank an otherwise valid claim.

That’s especially true given our state’s strict contributory negligence rules.

Your Injury Claim Is About More Than Medical Bills

If your injuries interfere with:

  • Classes or exams
  • Research obligations
  • Clinical rotations
  • Teaching or administrative duties

those losses matter—but only if they’re documented and presented correctly.

I’ve written before about how injury claim value is tied to pain and suffering, and that includes academic, professional, and cognitive impacts—not just physical pain.

Durham Traffic Is No Joke

Between I-85, I-40, downtown Durham, and campus-adjacent areas, accidents are common—and often involve distracted or aggressive drivers.

The National Highway Traffic Safety Administration (NHTSA) provides national data on how frequently serious injuries occur even in everyday crashes:
👉 https://www.nhtsa.gov/road-safety

These aren’t rare events, and they shouldn’t be treated casually.

Why Duke-Affiliated Clients Call Me

I take a practical, detail-oriented approach. I don’t overpromise, and I don’t let insurance companies minimize what my clients are dealing with.

If you’re connected to Duke and you’ve been injured in an automobile accident, talking to an attorney early can protect your claim, your finances, and your future options.


📞 If you’re a Duke student or employee injured in a car accident, call me at 919-929-2992.
🖥️ jeffreyhowardlaw.com


Injured in a Car Accident as a UNC Student or Staff Member? Here’s Why You Should Call Me

If you’re a UNC student, faculty member, or staff employee and you’re injured in a car accident, your situation is often more complicated than you realize—especially if you assume it’s going to be easy and the insurance companies involved will just “do the right thing.”

They often don’t.

I regularly help people connected to UNC Chapel Hill who are hurt in automobile accidents, and there are some unique issues that come up for university-affiliated folks that make having an experienced personal injury attorney especially important.

You May Be Dealing With Multiple Systems at Once

After a crash, UNC students and employees often find themselves navigating more than just auto insurance. There may be:

  • University health plans
  • Student health services
  • Employment-related leave issues
  • Missed classes, research deadlines, or teaching responsibilities

Insurance companies don’t care about any of that. My job is to make sure your injury claim reflects how the accident actually disrupted your life—not just what shows up on a billing statement.

North Carolina Law Is Not Forgiving

North Carolina follows a pure contributory negligence rule. That means if an insurance company can argue you were even 1% at fault, you could recover nothing. Adjusters know this and will look for ways to use your statements, your actions, or even your campus commute habits against you.

This is one of the reasons I’ve written about why you should call an attorney right after an injury—especially before giving recorded statements.

“Minor” Accidents Can Still Mean Major Problems

Many UNC students and staff are hit in rear-end collisions or low-speed crashes near campus, Franklin Street, or I-40. Those cases are often dismissed as “minor,” even when the injuries aren’t.

Neck and back injuries, concussions, and soft-tissue trauma are common—and frequently underestimated. The Centers for Disease Control and Prevention (CDC) explains why these injuries can be serious even when vehicles aren’t heavily damaged:
👉 https://www.cdc.gov/transportationsafety/whiplash/index.html

Why I’m a Good Fit for UNC-Affiliated Clients

I’m not a billboard firm. I don’t pass your case off to an inexperienced “case manager” (whatever that is) with no training and with whom you’ll never meet. I work directly with my clients, explain what’s happening, and make sure nothing gets missed—especially when you’re balancing an injury with academic or professional responsibilities.

If you’re part of the UNC community and you’ve been injured in a car accident, it’s worth having someone on your side who understands both the law and the practical realities you’re dealing with.


📞 Call me if you’re a UNC student or employee injured in a car accident.
🖥️ jeffreyhowardlaw.com

Arbitration in a Nutshell

What Is Arbitration? A Guide to This Alternative Dispute Resolution Method

Arbitration comes up in my practice mostly in the context of claims against your OWN insurance carrier, and most commonly in the Uninsured Motorist or Underinsured Motorist claims context. This article provides a straightforward explanation of what arbitration is, how it works, and its pros and cons.


What Is Arbitration?

Arbitration with your insurance carrier is a form of alternative dispute resolution (ADR) where THREE third-parties, known as an arbitrators, hear and decide a dispute. Unlike court trials, which are public and governed by rigid rules of evidence and procedure, arbitration offers a more private and flexible approach.

Arbitration can be binding or non-binding:

  • Binding arbitration means the arbitrator’s decision is final and enforceable, similar to a court judgment.
  • Non-binding arbitration allows parties to seek other remedies if they are dissatisfied with the arbitrator’s decision.

Arbitration in the context of UM and UIM claims is generally binding.


How Does Arbitration Work?

The arbitration process typically follows these steps:

  1. Agreement to Arbitrate: By having auto insurance in North Carolina, you’ve already agreed to resolve your dispute with your carrier through arbitration due to an arbitration clause in the standard insurance agreement.
  2. Selection of an Arbitrator: We, as the plaintiffs, select an arbitrator and the carrier, as the defendant, selects an arbitratoras well. Those two arbitrators jointly agree upon a third arbitrator who is referred to as the “neutral.”This panel of arbitrators often has a lot of expertise relevant to the dispute. We each pay the hourly rate of our own arbitrator and we split the neutral’s fee with the defendants.
  3. Arbitration Hearing: The arbitrators conduct a hearing where both sides present evidence, witnesses, and arguments. While less formal than a courtroom trial, arbitration still allows for structured presentations.
  4. Decision: After reviewing the evidence, the arbitrators issue a written decision, known as an award. In binding arbitration, this decision is final and enforceable.

What Are the Benefits of Arbitration?

Arbitration offers several advantages, including:

  • Efficiency: Arbitration can resolve disputes more quickly than traditional litigation, which often takes years.
  • Cost-Effectiveness: Without the prolonged procedures of court trials, arbitration tends to be less expensive, but in some cases can be more expensive. It depends!
  • Privacy: Arbitration proceedings are private, which can be crucial for businesses and individuals seeking to keep sensitive matters confidential.
  • Flexibility: Parties have more control over scheduling and procedural rules.
  • Expertise: Arbitrators with specialized knowledge can better understand complex technical or industry-specific issues. This is really nice compared to a random jury panel that may not understand anything of what’s going on in your case.

What Are the Drawbacks of Arbitration?

While arbitration has many benefits, it’s not without drawbacks:

  • Limited Appeal Rights: In binding arbitration, decisions are final, with very limited opportunities for appeal.
  • Costs in Some Cases: Arbitrator fees can be significant, especially for complex disputes requiring multiple sessions. And you still have to have a medical expert, which can really drive up costs.
  • Unequal Bargaining Power: In some cases, one party may feel pressured to agree to arbitration clauses that favor the other party.
  • Lack of Transparency: While privacy can be an advantage, it also means arbitration awards do not create public precedents, which may leave broader legal questions unresolved.

Is Arbitration Right for You?

Arbitration can be an effective tool for resolving disputes, but it’s not a one-size-fits-all solution. If you’ve got a UM or UIM claim, it’s crucial to understand the terms of your arbitration agreement and the potential implications for your case. Consulting with an experienced attorney can help you navigate this process and make informed decisions.

If you have questions about arbitration or need legal assistance, contact me at 919-929-2992.

Why Hiring a Small, Local Law Office for a Traffic Ticket is a Smart Move

Traffic Attorney

When you’re handed a traffic ticket, your first instinct might be to pay the fine and move on. However, if you’re considering contesting it or mitigating its impact, hiring an attorney can make all the difference. Specifically, working with a small, local law office offers several unique advantages over larger firms or handling it alone. Here’s why:


1. Local Expertise

Small, local law offices are deeply familiar with the courts, judges, and prosecutors in their area. This local knowledge can be invaluable. For example:

  • They understand the tendencies and preferences of local judges, which can help in crafting a persuasive argument.
  • Local attorneys often have relationships with prosecutors, enabling more effective negotiation for reduced penalties or dismissed charges.

Having someone who knows the nuances of the local traffic court system increases your chances of a favorable outcome.


2. Personalized Attention

Unlike large law firms, small offices tend to handle fewer cases at a time. This means:

  • More time for your case: Your lawyer will dedicate the necessary attention to understand your situation and craft a tailored defense.
  • Direct communication: You’re more likely to work directly with the attorney, not paralegals or junior staff.
  • Responsive service: With a smaller caseload, local lawyers are often quicker to return calls and provide updates.

This personalized approach ensures you don’t feel like just another case number.


3. Cost-Effectiveness

Small, local law offices often have lower overhead costs than big firms, translating to more affordable fees. For traffic tickets, where stakes may not justify high legal expenses, this is a critical benefit. Additionally, their efficiency in handling local cases can mean better results for less money.


4. Tailored Defense Strategies

Local attorneys are more attuned to area-specific issues, such as:

  • Speed traps or notoriously unclear signage.
  • Patterns in enforcement by local police departments.
  • Knowledge of diversion programs or alternative sentencing options offered in your area.

They can leverage this understanding to build stronger, more relevant defenses.


5. Support for Community Businesses

By choosing a small, local law office, you’re also supporting your community. Local attorneys are invested in maintaining a good reputation in their home area, often going the extra mile to ensure client satisfaction. Your support helps sustain a vital part of the local economy.


6. Easier Accessibility

Local offices are conveniently located and easy to reach if you need to drop off documents or meet in person. They are also more likely to be flexible with scheduling, which is helpful when navigating the demands of daily life.


7. Peace of Mind

Dealing with a traffic ticket can be stressful, especially if you’re worried about points on your license or increased insurance premiums. A local attorney can:

  • Reduce your stress by handling court appearances on your behalf.
  • Explain the process clearly and alleviate uncertainties.
  • Increase the likelihood of avoiding severe consequences like license suspension.

Hiring a small, local law office for your traffic ticket case is a smart investment. Their knowledge of the local legal landscape, personalized service, and cost-effectiveness set them apart from larger firms or attempting to handle the matter alone. By working with a dedicated professional, you can protect your driving record, save time, and reduce stress—all while supporting your community.

If you’re facing a traffic ticket, don’t hesitate to reach out to a local attorney. Their expertise could make a world of difference.

I Can’t Practice Law Via Text

I know, I know, EVERYONE loves texting. It’s convenient, it’s only as intrusive as the recipient allows it to be, it’s quiet. There are several good things about texting. And yes, I text friends and family. It’s hard to beat it for immediate but subtle contact.

Having said that, I cannot practice law through texting. I just can’t. I understand you want to ask a quick question, I understand you want a quick response, but I’m going to explain to you why it’s just not appropriate in the attorney/client context:

  • When you text your doctor, what do they say? They don’t say anything because you don’t text your doctor. I’m your lawyer. Same thing.
  • To explore the above point, why do you think that is the case? Both doctors and lawyers are HEAVILY regulated professions. We have watchdog groups and governmental organizations waiting to pounce on us when/if we make a mistake. People hate us (which is a whole separate blog post) so we have to try to be perfect. The problem with giving professional advice via text is that it’s too gosh darn small. The screen is small, the keys are small, and it’s a format that is made for convenience, NOT complexity. What we have to explain to our clients can be subtle, and it’s simply too tempting to cut corners on texts because they’re supposed to be short and fast. Believe me, the best lawyer answers are NEVER short NOR fast.
  • Let’s get back to the size thing…it’s progressively a pain (literally) for me to see texts and type with tiny keys as we get older. Please just let me use my big computer screen and keyboard!
  • Email is SUPERIOR IN EVERY WAY. First, you can see it on your phone just as well, if not better than texts. Second, emails are trackable and searchable in a way that texts simply aren’t. I can’t tell you how many times I’ve had to go back through a thread to see what a client wrote (or to show that I wrote something) and doing that through text is just really not possible. Third, texts get lost in the morass of memes and grocery lists and honey-do stuff that come through my phone constantly. If your “urgent” text (that could have been a phone call if it were so urgent…) might get buried below that stuff and I’ll never see it (because I’m not looking for it, because I asked you not to text me in the first place). That’s not my fault. Emails, on the other hand, show up highlighted in my inbox and are gloriously obvious. I can see them, so I’ll respond to them!

If you’re running late to a meeting and choose to text me that you’re late instead of calling, fine. But otherwise, just call me! Or email! If you REALLY just love sending messages with your phone, then use your email app on your phone. It’s really not that bad. You may not be an “email person” and you may see email as 20th century, but I’m here to tell you, I just can’t practice law via text, so please understand why I simply can’t rely on that medium as a method of communication.