Who Will Decide Your Case: Judge or Jury?
Bijan Ghom January 27, 2021
The party bringing the lawsuit—the plaintiff—is described as the master of his complaint. The United States Supreme Court has even said that the plaintiff is “ordinarily allowed to select whatever forum [she] considers most advantageous.” Atl. Marine Const. Co., Inv. v. U.S. Dist. Court for W. Dist. Of Texas, 134 S. Ct. 568, 581 (2013). …
Attorneys’ Fees and Success in Trust Disputes
Daniel “Frank” Blanchard, III January 13, 2021
One of the inevitable, but regrettable, realities of trust and estate law is disputes. Ideally, these can be resolved by discussion and compromise. When they can’t, they often wind up in court, which means engaging counsel, litigation, and ultimately, legal fees. Who pays those fees? Consider the not-uncommon scenario in which one trustee decides to …
Attorneys’ Fees and Success in Trust Disputes
Daniel “Frank” Blanchard, III December 18, 2019
One of the inevitable, but regrettable, realities of trust and estate law is disputes. Ideally, these can be resolved by discussion and compromise. When they can’t, they often wind up in court, which means engaging counsel, litigation, and ultimately, legal fees. Who pays those fees? Consider the not-uncommon scenario in which one trustee decides to …
Primer on Guardians, Conservators & Incapacitated Adults
Elizabeth July 16, 2019
Baby Boomers—Americans born between 1946 and 1964—now account for nearly 50 million people nationwide, according to census data. South Carolina is home to more than 800,000 of them, and it is anticipated that the number will grow to roughly one million by 2025. That’s nearly a quarter of the state’s population. With this aging population …
Difficult Discussions in The New Year
Liam D. Duffy January 31, 2019
How to Avoid Probate Litigation The first couple of months of the year are traditionally a time for setting goals, assessing where things stand, and preparing for the upcoming year. In January, gyms are full, resolutions are still fresh, and people map out when, where, and how they’re going to clean out the garage/plant that …