Helping you deal with your state and local government

The attorneys at B.A. Folk have represented numerous clients in a variety of disputes against state and local governmental entities, from state level departments, such as the Department of Health and Human Services or the Department of Transportation, to local county governments, like local boards of adjustment and city councils.   These entities often times have their own unique challenges and procedures, and we can help you navigate these unfamiliar waters.

Our attorneys also have extensive experience in the legislative and rule making processes for the State of North Carolina.  While we do not strictly offer lobbying services, we often work with clients on how best to focus such efforts and offer legal support in the rule making and bill drafting process.

Positioning Your Business for Continued Success

Whether you’re starting a new business, positioning yourself for growth, or winding a business down, the attorneys at BA Folk handle a wide range of business law matters for companies of all sizes in Raleigh, Cary and throughout North Carolina.

Business formation: The first step in starting a business is selecting the appropriate form of business entity. Whether that is a corporation, general partnership, limited partnership, limited liability company (LLC), a joint venture or any other type of entity, our attorneys can help you choose the proper structure and ensure that your paperwork is in order.

Business transactions: We handle all types of business transactions, including mergers and acquisitions, dissolutions, financing, and capital raises.

Commercial contracts: We provide comprehensive services concerning all types of commercial contracts, including shareholder agreements and buy-sell arrangements. We also handle employee-related contracts, including those involving non-compete agreements and benefit options.

Capital raises: We assist clients with capital raises. We draft and/or review the required documentation and render advice regarding registration requirements and related regulatory matters.

Business litigation: We also handle business litigation matters, such as shareholder and contract disputes, as well as all other legal issues faced by companies in today’s modern business world.

Dedicated Guidance in Civil Litigation Matters

At the law firm of BA Folk, our attorneys handle civil litigation matters across a wide range of practice areas, including education and disability law, product liability, personal injury, administrative law, medical malpractice, contract disputes, insurance defense, and landlord/tenant law.

Our Approach: Our goal is to help you resolve your legal matter in the way that is best suited to your needs. We accomplish this by:

Getting to know you and/or your business: After learning about your situation and goals, we will provide recommendations to prevent future liabilities so that you don’t find yourself in an uncomfortable legal situation again.

Learning your budgetary needs: We understand that expenses are an important factor when determining how to manage a dispute. We will help evaluate your case so that our strategies are in line with your goals and budget.

Understanding what a successful resolution means to you: A litigation success can be defined in many ways. It is important for us to know what exactly you hope to achieve.

Implementing strategies that are aligned with your goals: Once we determine a strategy, we take the reins and execute our plan. At this point, you get to stop worrying about whether your legal matter is being addressed, because you can rest assured that we are on top of things.

Keeping you up to date: As we guide you through the process, we will keep you informed so that you can make the best decisions for you or your business. We will arm you with the information and solutions you need to report back to your stakeholders, whether they are your family, your supervisors or your investors.

Defense Against Drug Possession Charges

It can be tempting to shrug off charges of drug possession, especially if it’s a misdemeanor charge for a relatively small amount. However, a criminal charge is a criminal charge, and a conviction will result in a record that follows you for life, potentially impacting your ability to find employment or housing. A conviction may even make you ineligible to receive certain loans. When there is so much at stake, you need to seek help from experienced lawyers who know how to mount a serious criminal defense.

Everyone has certain Constitutional rights, including the right to be free from unreasonable search and seizure. This means that if you were stopped or searched by law enforcement and they did not have probable cause, much of the evidence against you may be challenged. We will thoroughly review the circumstances surrounding your arrest to determine whether your rights were violated, and we will challenge the evidence against you at every opportunity. If we cannot find a way to help you avoid the charge entirely, there are other options to reduce the chances of such a charge following you for the rest of your life, including deferred sentences and first offender programs.

You Have Rights. Defenses Are Available.

A charge of drunk driving or driving while impaired (DWI) can happen to people from all walks of life. This may be the first contact many people have with the criminal justice system, and it is important to take these charges seriously. A conviction can have immediate consequences, such as the loss of your driver’s license and heavy fines, as well as the lifelong consequence of having a criminal record. It is essential that you protect your rights with the help of skilled legal counsel.

It can be tempting to plead guilty to the charges against you in an effort to move on with your life, especially if the results of a blood or breath test show that you were over the legal driving limit. Our lawyers will thoroughly review the circumstances surrounding your arrest, looking for any discrepancies we can use to protect your rights while working aggressively to get your charges dismissed or reduced. From our offices in Cary, we represent people in Raleigh, Apex, Holly Springs, Fuquay Varina and throughout the greater Triangle area.

We Handle Education Law Cases throughout North Carolina

Every child deserves to learn in a safe, nurturing environment. If you need help supporting your special-needs child, contact BA Folk. We handle cases dealing with Individualized Education Programs (IEPs), Individuals with Disabilities Education Act (IDEA), and 504 plans.

State and federal law entitle children with disabilities to a free and appropriate public education (FAPE). While education rights are intended by lawmakers to be collaborative, schools and parents often end up as adversaries when it comes to educating children, particularly those with disabilities. There is no such thing as a simple IDEA case, and schools know how to delay or block services and specialized education for children with disabilities. BA Folk attorneys know how to help you get  through education disputes, and will fight for your child’s rights.

We Handle a Wide Range Of Real Estate Matters

At the law firm of BA Folk, our attorneys provide comprehensive real estate development services to clients throughout North Carolina. We pride ourselves on our responsiveness and understanding the needs of our clients, whether that client is a developer with a nationwide scope, an institutional lender or an individual who inherited a valuable real estate asset.

Our real estate development practice encompasses a wide range of issues involving real property, including:

• Commercial real estate: Our lawyers advise on all aspects of buying, selling and financing real estate, as well as ownership and development strategies for real estate development and investment.
• Construction and construction litigation: We counsel owners, contractors and design firms to guide them through all stages of design and construction, from bidding and contracting to contract administration and claim avoidance. We also help with dispute resolution, including litigation, arbitration and mediation.
• Leasing: We advise both landowners and renters as they navigate the complex world of commercial leasing.
• Real estate litigation: Our group’s litigators focus on the resolution of real estate related disputes and advise and assist our clients in contracting, risk identification and evaluation, risk avoidance, and pre-litigation and litigation strategies.
• Funding and capital raises: Our group’s regulatory attorneys have extensive experience with the regulatory structure governing the type of financing so often used in real estate development projects. We can help guide you through the process so that you can rest easy knowing that your investors will be informed and happy.
• Landlord-Tenant Law: Whether you are a property owner or are a renter, it is important to protect your interests and ensure that any disputes are resolved efficiently with the help of a skilled lawyer. We handle a wide range of real estate law matters involving landlords and tenants, including:
  • The creation and negotiation of lease agreements
  • Lease assignments
  • Enforcement of lease terms
  • Evictions and unlawful detainers
  • Habitability claims
  • Security deposit issues

We have the knowledge and experience to guide our clients through a variety of zoning and land use matters. With established local government relationships throughout the Triangle and Triad areas, we can provide the advice and representation needed to navigate the approval process and help our clients achieve the highest and best use of their property. Our zoning practice encompasses a wide range of issues, including:

• Rezoning:We assist clients in petitioning local governments for changes to zoning maps and ordinances, including counseling clients on likely outcomes and advocacy to local government staff, elected officials and local interest groups.
• Special Use Permits and Variances:Our lawyers represent clients before quasi-judicial boards including boards of adjustments, historic district commissions and planning boards in order to obtain necessary permits and entitlements.
• Zoning Violations:We represent clients in appealing zoning violations, negotiating resolutions and litigating appeals.
• Building Code Violations:We advise clients on methods for resolving violations of building codes and other municipal ordinances.
• Public Meetings:We assist clients in setting up and managing necessary public meetings where required or advisable to obtain entitlements.
• Opposition:Our lawyers assist individuals and groups seeking to oppose zoning approvals, including advice on whether the opposer has standing to challenge the decision, representation of opposers at hearings, and strategies for appeal of approved permits.
• Municipal Representation:We assist municipal clients in structuring zoning codes and processes to encourage growth while also retaining the city’s vision.

Our attorneys advise a wide range of clients on matters involving securities, investments and commodities law, including:

• Compliance
• Capital funding and raises
• SEC and FINRA investigations
• State investigations
• RICO violations
• Insider training
• Bank fraud
• Breach of fiduciary duty
• Securities transactions, including Regulation D, Regulation A and Regulations CF
• SEC filings, including 10-Ks, 10-Qs, 8-Ks, Proxies

Our clients include public companies, issuers of securities, investment advisers, broker-dealers or companies interested in raising capital. Whether you need compliance advice, your compliance manual needs updating, your ADV needs amending, or you have been cited by one of the agencies that govern securities violations, we are here to provide you with sound, clear and practical legal advice.

One of our partners, Amy Folk, is a former enforcement attorney with the North Carolina Securities Division. In that capacity she prosecuted broker-dealers, investment advisers, companies and individuals for violations of securities law. Now she uses her experience to help clients who are facing enforcement actions.

BA Folk's Data Security and Privacy attorneys can help your company analyze and mitigate risks related to the collection, storage, use and distribution of data. Our attorneys can help your company develop risk management policies, business continuity procedures, and data breach responses. Laws like the EU’s General Data Protection Act (GDPA), Virginia’s Consumer Data Protection Act (CDPA), or the California Consumer Privacy Act (CCPA) and amendments require careful steps to avoid their pitfalls. BA Folk attorneys can help your company craft effective contractual provisions with vendors and end users to keep your company in compliance. Privacy law is an ever-changing field of law, and we will stay up to date on it so you can go on with your business.

BA Folk can also help your company deal with the legal risks of data breaches – and the public relations and reputation management that needs to follow one.