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The Triad Lawyer

~ Just a personal side of the law– opinions, ideas and thoughts.

The Triad Lawyer

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9/28-9/30/12–Euroclassica Car Show, Rally, Casino Night, & VIR drive

27 Thursday Sep 2012

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Car Show in Old Salem, Euroclassica, Triad Lawyer

This weekend there is a great car show with plenty of varieties of cars. Last year was a great turnout, weather, and all hosted in Old Salem (the eighteenth century village in Winston-Salem). There's a rally on Friday, car show Saturday morning, Casino Night (need tickets), and a Sunday drive to VIR (Virginia International Raceway). For More details Go to: http://www.euroclassica.zoomshare.com/

Balkanization of the college degree: ghost writing & loss of critical thinking education

22 Saturday Sep 2012

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ghost writing papers, sanders law firm

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I read a disturbing book review regarding A Man for All Semesters by Dave Tomar. Mr. Tomar writes college & masters papers, even dissertations for students. His income was $66,000 in 2010.

The college and university students hire him to research and write the entire papers. Why should anyone go to college if they’re not going to learn? I thought that was the purpose. This only supports my personal opinion that a large percentage of college students should not even go to college.

But you know what, they basically just want the certificate that says “I’m a college graduate”.

Mr. Tomar is not alone. There are websites such as rushessay.com and college-paper.org that blatantly advertise they will due custom essays for ‘student’ clients. And guess what, some parents support this. Mr. Tomar calls them ‘cockpit parents’ that actually underwrite and support their children’s laziness and ineptitude.

A former Emory University president, William Chace, wrote an essay on the normalization of cheating in academics and stated there is a “suspicion that students are studying less, reading less, and learning less all the time.” The review in the Wall Street Journal states the numbers support this. Economists Philip Babcock & Mindy Marks in 2010 reported that the average full time college student studies 27 hours a week vs. 40 hours in 1961, a drop of one third.

The article continues that most universities are challenged to maintain minimal standards of technical training and assessment. Historically, the goals of universities were to mold student character.

Also alarming, the 2011 book Academically Adrift found on a national sampling that 1/3 of college students demonstrated “no significant progress on tests of critical thinking, complex reasoning and writing” after 4 years of college. Think about this, the less people able to make deeper decisions, the less inventive and effective a work force and nation.

Thus, the children subcontract their work, notably paper writing.

Colleges & universities should be alarmed by this practice.

My personal opinion of the ideal school: one that doesn’t water down it’s student body for the purposes of maintaining enrollment and ever increasing costs of tuition, has no NCAA  Division 1 sports programs (think of University of Chicago terminating its football program in the 1930’s). University of Chicago de-emphasized sports in 1935. It’s now a division III. It is a well respected research institution.

Colleges & Universities: You’re a school not a semi-pro sports program.

I often wonder if parents spent as much money on academic pursuits for their children as they do on children’s sporting ventures, how amazing and additionally gifted would our children be? What if there were more competitions, with monetary rewards, for the best scientific discovery, philosophic thought, writings, artistic performance for our students rather than lucrative professional sports contracts?

It’s all about our goals and our focus.

Am I off base?

Kirk Sanders

Why don’t you get richer & have better retirement? Asks Joe America (Part I in series)

10 Monday Sep 2012

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estate planning budget, sanders law firm, Triad Lawyer

Ever wonder why you just can’t seem to save more?

“Save More?” you exclaim “I don’t save, in fact each month I think I get poorer.”

I’ve noticed as a lawyer over the last 15 and some years of practicing that the population as a whole is getting poorer. I know I’m not the only one, it’s been reported in papers. But I’ve seen it practicing law when people can’t afford to litigate a case they should litigate. I saw it back when I did bankruptcy cases also.

I’ve looked at why my family doesn’t save more too.

A big reason, in my opinion, is all the incidental expenses we tack on to our budget.

For instance, twenty years ago we didn’t have:

1)      $150-250 cell phone bills each month.

2)      $150-200 bills for internet & cable/dish/directv. I looked at a flat screen Saturday. The price wasn’t so bad, then I realized I’d have to upgrade from basic cable. I walked away.

3)      Credit Cards: On top of the above, twenty years ago it wasn’t quite as prevalent for people to defer payments on a credit card. A credit card was a charge then pay the bill at the end of the month. Now people run balances at interest rates that make loan sharks salivate. You know if you pay the minimum, you’ll never pay off the credit card balance. Practice Point: keep really low credit limits ($1000 or $2000) & pay the sucker off every month, on time.

Every month, $300-500 goes to just maintaining the 3 expenses I described above. And what do you get at the end of the day? Another bill for next month

Meantime, my goal is to increase retirement funding and brokerage accounts. I’m taking a hard look at what I need.

My question for you: do you really need that smart phone? digital cable? LeBron James Shoes?

Next blog in series: Do you really need to get a new/newer automobile?

 

W. Kirk Sanders, Attorney

Sanders Law Firm, PLLC

326 N. Spring Street

Winston-Salem, NC 27101

Telephone:  (336)724-4707

Facsimile:  (336)724-2077

www.kirksanderslaw.com

 

 

Husk Restaurant’s parent company to pay $1.1 million for DWI wrongful death by assistant manager

06 Monday Aug 2012

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husk wrongful death settlement, wrongful death attorney nc

CHARLESTON, S.C. – The assistant manger left HUSK restaurant last December and rear-ended a car being driven by a 32 year old man named Quentin Miller on the Ravenel Bridge. The deceased died in a fiery wreck. The assistant manager’s blood alcohol level was 0.24 percent. That’s 3 times the legal limit.

Per the Post and Courier of Charleston reports ( http://bit.ly/PXZNVv) the settlement whereby Husk pays the estate will be distributed as follows: Miller's parents to get $518,000, Miller's common-law wife to get $91,500 & the remaining $490,000 to go to attorneys' fees and costs.

Nonetheless, a 32 year old man lost his life due to the irresponsibility of this drunk driver who was three times the legal limit.

W. Kirk Sanders, Attorney

Sanders Law Firm, PLLC

326 N. Spring Street

Winston-Salem, NC 27101

Telephone:  (336)724-4707

Facsimile:  (336)724-2077

www.kirksanderslaw.com

News Release: Sanders Law Firm PLLC obtains $86,174 Judgment against business

31 Tuesday Jul 2012

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NC collection attorney Sanders, NC judgment lawyer

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Sanders Law Firm represented a commercial landlord in case to obtain judgment against commercial tenant.

Order for $86,174.00 awarded in court in July in Forsyth County Superior Court pursuant to Motion for Default Judgment.

Says the attorney: “Now that we have a judgment, we are in a position to negotiate with secured creditors if the business is able to be sold.”

Meantime, the law firm will pursue a payment plan with the business.

Call Sanders Law Firm, PLLC (336) 724-4707 to discuss your collection case in North Carolina.

1962 MGB Sold (Winston-Salem, NC)

31 Tuesday Jul 2012

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early MGB, MGB for sale, MGB with hardtop for sale

1962 MGB, early, pull handle. chrome bumper, wire wheels. recent paint job, carpet, metal work. It’s a very good looking, solid car. Drives fantastic. 100% complete car. 1962 was the first year the MGB was made. Rare. I have Heritage Certificate. Chassis 4442 (body 4103).
New Floor pans, new windshield, new rocker panels and inner seals. Replaced carpet. New muffler. Had Carborators rebuilt in Summer ’11. The body work is excellent. 

Soft top & Hardtop.  Hardtop sold separately for $1500.

This car runs great. I’ve logged 300 miles on the highway in one day with ease in the last few months. Handles fantastic. This is my second MGB & 3rd MG. I’ve owned it for 7 or 8 years. I’m selling because I bought an Austin-Healey 3000. This car is turn key ready. 

Thank you for inquiries. the car sold in November.

Call Kirk at (336) 251-9557 

 

 

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Winston-Salem Police Department Accident Reports On-line-Attorney

25 Wednesday Jul 2012

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accident attorney winston-salem

If you need an accident report completed by the Winston-Salem Police Department, then go to this page:

http://www.cityofws.org/Home/Departments/Police/AccidentReports/Articles/AccidentReports

Follow the instructions and you should be able to pull your accident report.

Once you’re signed in, I click on the 4th icon down on left hand bar, then click edit.

If you’ve been injured in an accident and need an attorney to represent you in your recovery against the negligent driver, then CALL Kirk Sanders at (336) 768-1515

Remember: the insurance adjuster may seem nice, but they are really trying to figure out how little they can pay you.

Sanders Law Firm, PLLC

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Spousal Dissent from Will

09 Monday Jul 2012

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Danbury estate attorney; Elective Share of Spouse; Stokes County Lawyer

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Went to Court in Danbury, Stokes County the second week of July of 2012 for a hearing. Client disagreed with the share the decedent spouse left client in the will.

NC protects surviving spouses from being written out of estates. So with my assistance, the client reviewed his three main options: 1) taking an elective share (surviving spouse’s intestate share), 2) Life estate in 1/3 the value of all real estate of possessed by decedent during the marriage, or 3) Life estate in dwelling and all the household furnishings.

Sanders Law Firm, PLLC provided the options and scenarios then assisted client in making this decision. A hearing was held before the Clerk of Court of Stoke County and the client was ordered to have his elected option, which ended up being option #3.

·       Auto accidents (Car Wrecks)

·       Bicycle Accidents (Bike Injury)

·       Boating Accidents Attorney

·       Lawsuits

·       Medical Malpractice

·       Lawyer Malpractice

·       Motorcycle Accidents

·       NC Automobile Insurance

·       North Carolina Courts

·       NC Laws and Cases

·       NC Car Insurance

·       Life Insurance Claims

·       Incorporations, LLCs (Limited Liability Company)

·       Business Agreements & Litigation

·       Collection Cases

·       Fiduciary Litigation (Power of Attorney Abuses, Will Caveats, Elder Abuse et al)

·       Wrongful Death Cases

Call Sanders Law Firm, PLLC (336) 768-1515, 119 Brookstown Ave. Ste 400 Winston-Salem, North Carolina. Statewide Representation

New Bar in Winston-Salem Brody’s Downtown Bar

06 Friday Jul 2012

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Winston-Salem Business Attorney

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Brody’s bar opened the first week of July 2012 on 4th Street in Winston-Salem. It’s two doors up from King’s Crabshack & across the street from Souphab’s Downtown Thai.

Those opening bars and restaurants should organize an LLC/incorporate a corporation.

Legal Judgment: Sanders Law Firm obtains $408,880 Personal Injury judgment in Forsyth County, NC

28 Thursday Jun 2012

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forsyth county judgments; personal injury, sanders law firm

This judgment completed a premises liability case in Winston-Salem, North Carolina against multiple defendants.

Two of the defendants settled after the complaint was filed, discovery was answered (interrogatories, request for production of documents) and multiple depositions.

The basis of the case was this: Plaintiff was at a Mexican bar. He was standing outside in the smoking area of the bar, also being the sidewalk of the shopping center. Two thugs had just been kicked out of the bar by the bouncer for being rowdy and provoking. The bouncer escorted the thugs to the door. At that point, they walked past the plaintiff, walked back behind him, and without warning to plaintiff, the thugs began pummeling him from behind.

Injuries included a broken jaw (two places), several night stay in the hospital, wired jaw for a month, permanent popping in jaw.

The landowner and bar settled earlier. The main issue with them was the questions of whether (1) this was foreseeable & (2) preventable. Armed with extensive investigations to identify the number of criminal activities & 911 calls that occurred at the shopping center & bar, we were able to show bar owner and land owner should have known activity such as the beating complained of was likely to occur and foreseeable. The big question was whether a proper security guard and/or properly trained bouncer could have prevented the two thugs from jumping the plaintiff.

While there was a settlement and payments by bar and landowner to plaintiff, this $408,880 judgment against the two thugs is unlikely to ever be collected.

If you, a friend, or family has been injured in an accident, call Kirk Sanders at Sanders Law Firm, PLLC (336-768-1515) to discuss your case.

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