Practice Areas
- Family Law
- Mediation and Arbitration
- Personal Injury
- Workers’ Compensation
- Foreclosure and Collections
- Commercial Litigation
- Estate Administration
- Estate Planning
- Employment Law
- Criminal Defense
- Traffic Citations
All of our lawyers devote a significant portion of their practice to Family Law and Domestic Litigation. The area of Family Law encompasses Divorce, Child Custody and Visitation, Child Support, Spousal Support, and Equitable Distribution. Stephanie Irvine is recognized by the North Carolina State Bar as a specialist in the area of Family Law. We appreciate the emotional component of Divorce. As a result, we try to balance zealous representation of our clients with a result-oriented approach to litigation. We recognize that the dissolution of a marriage or a dispute over the custody of children present some of the most emotional and important areas in which an attorney can practice. We take our role as an advocate for clients in domestic disputes seriously and we endeavor to minimize the emotional toll that such cases take on all the participants, especially the children. We do not believe that zealous representation and a result-oriented approach to family law cases are mutually exclusive.
Mediation is a form of dispute resolution that is becoming an increasingly popular alternative to litigation. Mediation provides the parties an opportunity to resolve their disputes in way that is mutually acceptable and, at the same time, avoiding protracted litigation. Mediation has been mandatory statewide for all civil Superior Court cases since 1995. Family Financial Mediations in family law cases became mandatory in all districts in March of 2007.
Mediation is a collaborative process whereby opposing sides of a dispute work together toward a settlement or resolution of the dispute. The mediator facilitates this process. It is important to remember that the mediator’s ultimate goal is to help the parties resolve the dispute themselves.
Both Stephanie Irvine and David Irvine have extensive training and experience as mediators. Stephanie Irvine is certified as a Family Financial Mediator by the North Carolina Dispute Resolution Commission. David Irvine is a certified by the Dispute Resolution Commission as both a Superior Court mediator and a Family Financial Mediator. He is also recognized as a Certified Mediator by the North Carolina Industrial Commission for mediating Workers’ Compensation cases.
Arbitration is also an alternative method of dispute resolution. Both David and Stephanie Irvine are available to serve as arbitrator in suits in Superior or District Court. An Arbitrator serves like a judge and makes decisions based on the information presented by the parties. However, arbitration tends to be more efficient and less expensive than a courtroom trial.
David Irvine has been representing clients injured by someone else’s negligence for 20 years. This area of our practice requires a knowledge of insurance law, negligence law and medical issues. David Irvine has also handled several personal injury and insurance law cases before the North Carolina Court of Appeals and the North Carolina Supreme Court, including Isenhour vs. Universal Underwriters, an insurance case of first impression in North Carolina.
When an employee is injured on the job, a claim under the Workers’ Compensation Act may arise. This area is similar to Personal Injury law in that both areas require a working knowledge of the mechanisms of injury and other medical issues. However, Workers’ Compensation also involves its own set of rules. David Irvine has handled many Workers’ Compensation cases during his years of practice. Stephanie and David Irvine successfully argued the Workers’ Compensation case Johnson vs. Barnhill Contracting Company before the North Carolina Court of Appeals.
The lawyers and staff at Irvine Law Firm devote a significant portion of their practice to assisting creditors obtain the payments to which they are entitled. David Irvine regularly represents creditors in collections litigation. David Irvine has been admitted to practice before the Bankruptcy Courts for the Eastern and Middle Districts of North Carolina and the Eastern District of Virginia. Irvine Law Firm assists counties and municipalities in the collection of local property taxes. This area of practice includes foreclosure and sale of property to collect the taxes due. We also work with other creditors to collect accounts receivable or pursue foreclosures under deeds of trust.
David Irvine has been working with various business clients for many years. He has assisted in various types of litigation that may arise in commercial settings, including lease and contract disputes, construction disputes and negligence actions. We recognize that businesses need to avoid litigation in order to be profitable. It is because of that understanding that we regularly advise our clients on ways to improve their business practices in order to avoid commercial litigation. We also counsel our business clients about practices and procedures that they can implement in order to give them as many advantages and protections as possible should litigation become necessary.
Estate planning is important for everyone. Even if your assets are limited, it is important to leave guidance and instructions for how you want your property handled at your death. A Last Will and Testament specifies the person you appoint to handle your affairs at your death and designates those who will inherit through your estate. A complete estate plan addresses your property transfers during life and at death and also addresses your health care directives. Additional documents often used in estate planning include a Living Will, Health Care Power of Attorney and Durable Power of Attorney. These documents designate your health care instructions and name the person who will assist you with management of your property during your lifetime, should the need arise. Although forms for these documents are readily available, it is important to understand the meaning and legal effect of them. It is also crucial that all estate planning documents be executed with the appropriate formality to ensure that they are enforceable. Failure to have adequate and proper documentation of your estate plan can cause your estate administration to be far more cumbersome and expensive. It is well worth the “peace of mind” to know that your affairs are properly in order.
Estate Administration is the process of probating a Last Will and Testament or qualifying an Administrator to handle the affairs of someone who died without a Will. The administration is handled in the county where the decedent last lived. We work closely with the Offices of the Clerk of Superior Court to assist Executors or Administrators in finalizing the affairs of the decedent. The first step is to identify and gain control over all of the property owned by the decedent. All creditors must be notified and only proper claims should be paid. The Executor or Administrator is charged with the duty to deliver the inheritance to the heirs, after payment of the debts and expenses of the estate. There are a number of steps involved in an administration and it is important that they be handled timely and efficiently. Many clients will name one of our attorneys as their Executor in order to remove that burden from their family members. A typical estate administration can be competed within a year or less.
North Carolina is an at-will employee state meaning that an employee may be terminated from his or her employment for any reason that does not violate public policy. However, there are certain instances where you may still have a viable employment law claim. Irvine Law Firm, PC can provide assistance to individuals in the following areas: employment discrimination, sexual harassment, wrongful termination that violates public policy, Title VII claims, American with Disabilities Act (ADA) claims, and wage and hour disputes. We also assist our business clients with employment issues including negotiating and drafting employment contracts, non-compete agreements, and employment-related litigation.
When charged with a criminal offense, a knowledgeable attorney who understands the criminal justice system will many times be your greatest asset. Not knowing your rights when faced with a criminal prosecution can be frustrating, confusing, and most importantly detrimental to the outcome of your case. We at Irvine Law Firm believe that when confronted with a criminal conviction you should be informed of the rights guaranteed to you by the United States and North Carolina Constitutions. Whether you are charged with a felony or a misdemeanor, we can assist you by providing knowledge of criminal procedure, negotiating with the prosecutor, presenting the facts, cross-examining witnesses at trial, and advocating on your behalf when the deck may seem stacked against you.
Driving in North Carolina is a privilege, not a right. It is a privilege that the State can easily revoke thereby affecting your everyday life. Not having a valid driving privilege can have a serious impact on your family, your employment, and your independence.
Violating a traffic law can have negative consequences on your North Carolina driver’s license and your auto insurance premiums, including license suspension and/or revocation. Should you choose to plead guilty and simply pay off the ticket, the following chart shows the number of points assessed against your North Carolina driver’s license and the increase in insurance premiums you will incur for the next three years:
| CHARGE |
LICENSE POINTS |
INSURANCE PREMIUM |
| Fail to Stop at Stop Sign | 3 | 25% |
| No Operator’s License | 3 | 25% |
| 55-75 MPH | 3 | 45% |
| 76 MPH and over | 3 | 80% |
| Reckless Driving | 4 | 80% |
| Passing Stopped School Bus | 5 | 80% |
| Driving While License Revoked | Revocation | 190% |
| Driving While Impaired | Revocation | 340% |
In many instances, you will pay more in insurance premium increases by pleading guilty and paying off the ticket than you would pay for legal representation. Also, if you hire an attorney, he or she can often handle your traffic matter without your having to appear in court.
