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timberlea
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 Posted: Fri Aug 05, 2011 1:14 pm |
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Joined: Wed Sep 04, 2002 12:41 pm
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Location: Dartmouth, Nova Scotia, Canada
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Well if anyone actually read the Act, they would have seen this part:
b) "Private protective services" shall not include any of the following:
(4) An attorney at law licensed to practice in North Carolina while engaged in the practice of law and the attorney's agent, provided the agent is performing duties only in connection with his or her principal's practice of law.
So he is completely legal.
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toqer
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Posted: Fri Aug 05, 2011 1:32 pm |
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timberlea wrote:
b) "Private protective services" shall not include any of the following:
(4) THIS-->> only in connection with his or her principal's practice of law.
So he is completely legal.
OK so I looked at what Harringtons practice of Law is. http://www.martindale.com/Harrington-La ... office.htmWill Contests and Estate Litigation Personal Injury and Wrongful Death Wills
Estates and Trusts Estate Planning Property Litigation Condemnations
Civil Litigation Criminal Trials FeloniesWhere is the "Copyright/Trademark/Business Litigation?" Maybe your eagle eyes can point that out for me. While true an attorney can have agents, they can only supervise investigations if it falls under their principle practice. I believe the reason it's written this way is simple. An attorney specialized in defending DUI's isn't going to be an expert in handling business matters. They might not be educated on business/tax/accounting code for their state. If they don't own that area of expertise, they have no business investigating outside of the scope of their expertise.
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toqer
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Posted: Fri Aug 05, 2011 1:33 pm |
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Respectfully timberlea, and in law enforcement terms for you...
You wouldn't want a meter maid investigating a homicide crime scene.
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toqer
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Posted: Fri Aug 05, 2011 1:38 pm |
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Another thing I want to throw out too Timberlea..
What exactly constitutes "Supervision" Is Harringtons "Checklist" enough for an agent to be considered "Supervised?"
See, going back to my point about meter maids at a homicide scene. Sure, if you were there YOURSELF supervising, they could probably do a pretty good job.
On the other hand:
If they were just handed a "Checklist" with terms like, "Blood splatter pattern" and "Estimated Time of Death"..
See the point I'm trying to make here?
I'm disputing Harringtons claim of "Supervision". I've already got my letter to the NCDOJ (addressed to Mr Farrell) printed, addressed, and stamped in an envelope. We'll see what they consider to be supervision and what isn't.
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timberlea
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Posted: Fri Aug 05, 2011 1:44 pm |
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Civil litigation covers it. As for the quality of an investigator, well like anything else if you hire crap you get crap. Do you really think any attorney is going to get crap especially when his or her reputaion is on the line? Again some common sense is required.
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toqer
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Posted: Fri Aug 05, 2011 2:05 pm |
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timberlea wrote: Civil litigation covers it. Civil Litigation is Judge Judy or Divorce Court. This is a completely different beast that involves "entities" and "business's" Like the lawsuits going between Google/Oracle right now over Java. You wouldn't hire a family attorney to litigate over IP. It's not their area of expertise.
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Cueball
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Posted: Fri Aug 05, 2011 2:12 pm |
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timberlea wrote: Civil litigation covers it. toqer wrote: Civil Litigation is Judge Judy or Divorce Court. This is a completely different beast that involves "entities" and "business's" I have to side with timberlea's viewpoint on this. The cases are being presented in Civil Court. IMO, there is no Business Expertise needed, because the business practices aren't what's on the Docket. It's just the Copyright infringement of a Manu's Logo that is being presented. It's a matter of either proving you did or didn't infringe on the copyright of their logo.
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timberlea
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Posted: Fri Aug 05, 2011 2:19 pm |
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What? Are you trolling or kidding me? A Civil Litigation is a lawsuit involving individuals and or companies. Time to give your head a shake.
BTW most medium to large law firms usually have lawyers specializing in a mayriad of areas, criminal, family, corporate, real estate, etc.
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toqer
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Posted: Fri Aug 05, 2011 2:25 pm |
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cueball wrote: It's just the Copyright infringement of a Manu's Logo that is being presented. It's a matter of either proving you did or didn't infringe on the copyright of their logo. But the point you just dodged here is, "Can an attorney send out "investigators" for litigation that falls outside of his principle practice?" If he was investigating "Litigation" then ya, I'd agree with both of you in a heartbeat, but he isn't investigating "Litigation" now is he? Nowhere in his principle practice does it state that he's practicing Trademark/Copyright law. Timberlea wrote: A Civil Litigation is a lawsuit involving individuals and or companies. I'm not arguing what a civil/criminal litigation is. I'm arguing specialty. Sure, any lawyer could investigate for "litigation" as I stated above, but that's not the principle practice that these investigations fall under. They fall under copyright/Trademark. Now let me ask you again... Does Harrington list Copyright/Trademark on his website, or under the NC Bar registry? If it's not his principle area of law, he can't investigate it now can he? Quit dodging and deflecting.
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timberlea
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Posted: Fri Aug 05, 2011 2:32 pm |
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As long as you are a member of the bar you are not restricted in what type of law you practice. He doesn't need Copyright/Trademark specialist advertised or anything else. So yes, he and his firm can investigate on ANY case they have. A lawyer can take any case no matter what it is. You can have a criminal lawyer draw up a will, a real estate lawyer defend you in criminal court.
Further, I daresay that SC is one of many clients and cases and Copyright/Trademark is a small portion of what his firm does.
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toqer
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Posted: Fri Aug 05, 2011 2:39 pm |
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toqer
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Posted: Fri Aug 05, 2011 2:46 pm |
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And because I'm all about citations.. http://lawpracticemanagement.ncbar.org/ ... 0_0122.pdfQuote: Minutes of Section Council Meeting
Held at North Carolina Bar Association
Cary, North Carolina
Friday, January 22, 2010
Mini-CLE: Mark Scruggs, Claims Counsel from Lawyers Mutual discussed Legal
Malpractice and some of the common pitfalls. He encouraged attorneys to be proactive
rather than reactive on potential problems. Key tips were:
• Check the SOL when taking an out of state case – it may differ from NC SOL’s
• Use a docketing system (double entry system is best) to avoid missing SOL
dates
• Conflict of Interest checking is imperative – both direct and indirect conflicts
• Good client selection – Know when to get rid of a client if things are not working
• Have a signed retainer and services agreement
• Exercise good client relations – i.e. communicate with the client regularly
• Document important developments with a case
• Don’t practice outside your letter of expertise Even the NC bar says not to do that.
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toqer
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Posted: Fri Aug 05, 2011 2:46 pm |
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Term is Legal Malpractice.
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timberlea
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Posted: Fri Aug 05, 2011 3:01 pm |
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Here you go. From the Board of Law Examiners of North Carolina:
SECTION .1300 - LICENSES
.1302 LICENSES FOR GENERAL APPLICANTS
Upon compliance with the rules of the Board, and all orders of the Board, the Secretary, upon order of the Board, shall issue a license to practice law in North Carolina to each applicant as may be designated by the Board in the form and manner as may be prescribed by the Board, and at such times as prescribed by the Board.
Notice it says "law", not "ciminal law", "Civil law", "copyright law", etc, just law as in encompassing.
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toqer
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Posted: Fri Aug 05, 2011 3:12 pm |
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What does that have to do with what's listed on an attorney's letter of expertise? Where is your link? What's the date on that (is it newer/older than my citation?) Because if your info is older than my info, then your info is invalid.
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timberlea
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Posted: Fri Aug 05, 2011 3:29 pm |
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Those are tips, now where does it state that you have to advertise any or all of your areas of expertise? Just because it is not advertised it does not mean it is not there. If one percent of my business is selling widgets, am I going to spend advertisement on it? When you see various areas of expertise advertised, whether in the Yellow Pages, the net or the window, doesn't mean that is all what they do but the bulk of their business.
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toqer
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Posted: Fri Aug 05, 2011 4:27 pm |
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timberlea wrote: Those are tips, now where does it state that you have to advertise any or all of your areas of expertise? Well apparently the North Carolina State Bar wants to know your letter of expertise when you apply. https://www.ncbar.org/membership/join-r ... ction.aspxIf you fill out trash on the forms and get to the 3rd page, it lists the various area's of expertise and the price for listing them. Maybe you can just click here to look. https://www.ncbar.org/membership/join-r ... .aspx?sp=3Quote: Existing members can also check this checkbox to pre-select (or toggle) their last year sections/divisions.
Administrative Law - $35.00 Health Law - $40.00
Antitrust & Trade Regulation Law - $40.00 Intellectual Property Law - $45.00
Bankruptcy - $45.00 International Law & Practice - $40.00
Business Law - $45.00 Juvenile Justice & Children's Rights - $35.00
Constitutional Rights & Responsibilities - $45.00 Labor & Employment Law - $40.00
Construction Law - $40.00 Law Practice Management - $45.00
Corporate Counsel - $45.00 Law Student Division - $0.00
Criminal Justice - $35.00 Litigation - $40.00
Dispute Resolution - $40.00 Paralegals Division - $50.00
Education Law - $35.00 Real Property - $45.00
Elder Law - $45.00 Senior Lawyers Division - $40.00
Environment, Energy & Natural Resources Law - $40.00 Sports & Entertainment Law - $40.00
Estate Planning & Fiduciary Law - $40.00 Tax - $40.00
Family Law - $45.00 Workers' Compensation - $40.00
Government & Public Sector - $35.00 Young Lawyers Division - $0.00
GP, Small Firm & Solo - $40.00 Zoning, Planning and Land Use - $40.00 Now of these "Expertise's" you're have to register with the NC bar association, I would think that the stuff Harryington is listing would fall under the following... Antitrust & Trade Regulation Law Intellectual Property Law Business Law Entertainment Law Now tell me why these aren't listed on Harringtons NCBAR listing if he's legally sound to practice law in these areas?
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Paradigm Karaoke
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Posted: Fri Aug 05, 2011 4:45 pm |
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wait....so you have to specify and pay a fee for each of the "specialties" you are going to practice? that should make it real easy i would guess. either you paid for and are allowed to practice IP law or you did not, and are not.
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toqer
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Posted: Fri Aug 05, 2011 4:50 pm |
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I would think it's more than just fee's paradigm.
All applications go through a review process. I'm sure during the review process there's someone assigned to look through your history to see if you qualify to practice in that area. Either that or it's a board review.
Either way, if I'm a cop (like timberlea) I can't just start saying, "I'm a part of the SWAT team!" Sure, SWAT is a cop like any other cop, but there's specialized training or experience you need to be one.
Same thing goes for Lawyers.
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Paradigm Karaoke
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Posted: Fri Aug 05, 2011 4:58 pm |
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oh, i get that. i was not aware myself of the different things on the bar app.
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