As a partner attorney at my firm, Asheville Legal, I assist clients to resolve disputes primarily in the areas of business, construction, insurance, and real estate. I strive to deliver masterful litigation services, and I pride myself on outmaneuvering the opposition and in clear communication with my clients regarding costs and expectations. I live in Asheville, North Carolina with my wife and four children.
- Business Law
- Construction Law
- Insurance Claims
- Real Estate Law
- Credit Cards Accepted
- Contingent Fees
Some cases, but not all, are candidates for contingent fees. These typically involve high damages and a high likelihood of success.
- North Carolina
- English: Spoken, Written
- Partner Attorney
- Asheville Legal
- - Current
- Associate Attorney
- Asheville Law Group
- Law Clerk
- Freedman Law Firm
- Law Clerk
- Law Offices of Fred T. Hamlet
- Law Clerk
- Ogletree Deakins
- Judicial Extern
- North Carolina Business Court
- Elon University School of Law
- J.D. (2013) | Law
- Honors: Magna Cum Laude; Book Awards in Real Property, Torts, Criminal Law, and Business Associations
- University of Oregon
- B.A. (2006) | Philosophy
- North Carolina State Bar
- - Current
- North Carolina Bar Association
- - Current
- 28th Judicial District Bar Association
- - Current
- Website for Asheville Legal
- Asheville Legal Law Blog
- Small Businesses: Should I Engage a Lawyer When Starting Up?
10 April 2019
- Small Businesses: Should I Have a Lawyer Draft a Contract for my Business?
4 April 2019
- The Great Contractor Lien Extension Caper
29 March 2019
- Small Businesses: Employees vs. Independent Contractors
28 March 2019
- Boiler Plate: Just Sign It! ....... Right?
22 March 2019
- Is My Lawyer Too Expensive?
16 March 2019
- Is My Lawyer Communicating With Me Well Enough?
12 March 2019
- How Aggressive Does My Lawyer Need to Be?
7 March 2019
- Is My Lawyer Diligent and Skillful Enough to Handle my Matter?
2 March 2019
- Q. how can you preclude acceptance to just the terms of the offer?
- A: I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
- Q. I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.
- A: Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in. Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as possible.
- Q. I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
- A: It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
- Q. If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?
- A: It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem. Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
- Q. If someone purposely committed fraud and settled out of court with the company they were suing. Can that be overturned?
- A: I am afraid this question is too vague for any lawyer to be able to give it a meaningful response. Generally, agreements that are entered into based upon a fraud may be voided by the defrauded party. Also, generally speaking, a "settlement" between two parties is unlikely to abridge the rights of a third party who also has claims against either or both of them. There are exceptions to nearly everything, of course. This sounds like it could be fairly complicated, and I would counsel you to reach out for a consult with a lawyer who practices civil litigation for a more complete and useful answer to your question.
- Q. Company failed to disclose retention pond behind new construction of townhome. Can I get out of the contract?
- A: The answer to your question will depend, in large part, on the language in the agreement you signed. In addition, it's possible the pictures you were given and the representations made before you signed the contract could come into play, as well. It's conceivable that you have a defense based upon unilateral mistake, mutual mistake, or possibly fraud. This is a fairly serious issue, and I don't recommend doing something like this pro se. You're going to need to have a licensed North Carolina attorney review the contract and discuss the problem with you in detail in order to determine if you have a remedy, as well as how to go about pursuing it. Reach out and retain one soon.
- Q. Is Verbal Agreement legal in North Carolina if the party passes away?
- A: Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real property law. Best of luck!
- Q. Our builder walked off the job leaving us with thousands of dollars work that needs to be corrected.
- A: Getting your arms around this dilemma is going to be complicated and will require the assistance of a licensed attorney, preferably someone in your geographic area who is experienced in both construction law and litigation. It sounds like you technically had a "contract" with the builder; however, it also sounds like the "contract" was primarily oral, which is going to generate all kinds of headaches in determining precisely what the contract terms were. If you have emails and text messages with him, then these might give you some guidance and a possible leg up. Other issues you'll have to look into are whether the contractor is/was insured for liability; whether your damages might be covered under the policy; and whether he is able to pay a settlement or judgment if you initiate litigation. I cannot emphasize this enough: Contact a qualified lawyer right away to determine your rights and options for recovery.
- Q. Are verbal agreements for home ownership legally binding in NC?
- A: Generally, under North Carolina's "Statute of Frauds", agreements to transfer real property have to be in writing and signed; however, there are sometimes exceptions to the Statute of Frauds. For example, when someone relies on a promise to their detriment, they might be able to prove the existence of a contract, notwithstanding the Statute of Frauds, through equitable estoppel principles. This will be a complicated analysis, though, and I recommend against relying on opinions you might find over the internet here on Justia. Instead, you need to engage a lawyer who specializes in civil disputes dealing with contracts and real property. Such a lawyer will be able to explore all the details with you, give a solid analysis, and help you chart a course to recovery. Best of luck!