Family Law

• Premarital Agreement

Criminal Law

• Criminal Defense
• Wrongful Death
  SuperLawyer, Fred represents plaintiffs and defendants in the areas of consumer fraud, business disputes, class actions, wrongful death, serious injury and will disputes. He has secured many recoveries in excess of a million dollars for his clients. Fred’s experience includes serving as lead counsel in a number of consumer class actions. His approach to legal problems has resulted in significant court decisions that have changed and developed North Carolina law, particularly in the area of consumer protection.
• Sex Crimes
• Fraud
  In multiple federal court actions and FINRA arbitrations, represented seven investors in now-defunct internet company. Principals of the company allegedly made misrepresentations in soliciting the investments and then squandered corporate funds for their personal use. Obtained total recovery of over $500,000 (Securities Fraud Litigation [Parties’ Names Withheld]).
• Murder

Business and Corporate Law

• Corporate Law
  We work hard and tirelessly to provide aggressive representation and protection of your rights when it comes to corporate law. We use a detail-oriented approach to help understand all aspects of your business to help you make informed decisions. We strive to provide you with the highest quality of legal representation in order to find legal solutions.
• Business Formation
  Our Commercial Litigation Practice Group offers the experience of a large law firm with the personalized attention of a small firm.  Whether you are concerned about protecting your business interests from litigation or are already involved in a lawsuit, you need experience you can trust.  Our attorneys at Higgins Benjamin bring their extensive backgrounds to work for you, allowing us to frequently deliver quality results in a cost-effective manner.
• Business Disputes
  Our attorneys at Higgins Benjamin are talented advisors for many business law needs. We provide personal consultation for a variety of needs within business law, such as tax and financial implications and personnel administration issues. For new companies, you may need insight about selecting the proper entity for the business and establishing the entity. With many years of experience guiding North Carolina corporations through this process, we’re fully equipped to help you understand the legal process.
• Construction Contracts
  General Conditions of the Contract for Construction, A201-2017. In most construction contracts using the AIA documents, the key document of the Conventional family of documents (A201) is the General Conditions providing terms and conditions between the Owner, Contractor, and the Architect.
• Trade Secrets
• Intellectual Property
  Gilbert (Bert) Andia, Jr. was selected to the 2022 North Carolina Super Lawyers® in the area of “Civil Litigation: Defense.” Bert’s practice includes civil litigation in numerous business areas including construction disputes, real property disputes, and intellectual property infringement. Bert is also a registered patent attorney who advises companies and individuals about trademark, patent, and copyright matters.

Employment Law

• Wrongful Termination
  Jonathan (“Jon”) Wall was selected to the 2022 North Carolina Super Lawyers® in the area of Employment Litigation. Jon’s practice includes wage & hour class actions, noncompetition agreement litigation, discrimination, and wrongful discharge in violation of public policy.
• Employment Discrimination
• Employment Contract
  Arbitration or mediation may be a good option for you whether or not it is specified in your contract or employment agreement. Our Mediation and Arbitration Group consists of members with decades of experience in drafting arbitration and mediation agreements, representing clients in arbitration and mediation, and serving as arbitrators and mediators in industries and areas of law to which these members have dedicated their careers.
• Employment Litigation
  If you’re an employer, retaining an experienced attorney can help you address the employment issues at hand while also eliminating or reducing the chance for future conflicts. This could include business policy and handbook reviews development and revision, or determining whether agreements in future contracts could protect employer interests.
• Non-compete Agreement
• Severance Agreement
  Our attorneys help people and businesses with employment law problems.  Whether you are seeking advice or counseling, or you have become involved in litigation, we are there to help.  For individuals, we can help you understand your legal rights and assist in negotiating contracts and severance agreements, filing charges with the appropriate agencies, or taking matters to court.  Likewise with businesses, we can advise on how to handle problem situations, including the application of various state and federal laws – like the FMLA and ADA – in specific situations.  Likewise, we have assisted clients with investigations by government agencies and responses to charges filed by employees with agencies like the EEOC and Department of Labor.  Are attorneys are licensed in and have handled employment law matters in all forums, including all North Carolina federal courts and the appellate courts.   We assist clients with employment disputes including...
• Sexual Harassment

Property Law

• Construction Litigation
  Construction law is practiced at Higgins Benjamin by experienced attorneys who have provided representation and counsel to the construction industry and design professions throughout their careers.  While unique legal principles and remedies do exist in construction law, fundamentally the practice is best served by attorneys who understand the business of contractors, owners, designers, and lenders; view themselves as colleagues in the industry, and work hard to contribute their legal skill set to achieve successful projects and prompt resolution of disputes.
• Land Use and Zoning
• Landlord-Tenant Disputes
  Real estate can be a complex area of practice, which is why you need the experience of the attorneys at Higgins Benjamin. We’re confident in handling your real estate needs like land use and real estate zoning conflicts, landlord-tenant matters where retail and business facilities are concerned, negotiating financing and contract terms, communicating with government agencies and municipalities about issues related to contractors, developers, subdivision covenants, lease agreements, loan agreements, and purchase and sale contracts.
• Property Damage
  Extra Expense. This coverage is typically an additional coverage for many policies. Extra expense is defined as the expense needed for arranging for temporary quarters due to property damage at the insured’s location. This coverage also typically requires “physical damage” to the covered property.

Health Law

• Personal Injury
  There’s no doubt that a serious injury can alter your life in many ways. Our legal team at Higgins Benjamin is committed to providing you with quality representation for victims of personal injuries in North Carolina. We know that when you’re in the market for a personal injury attorney, you need a team who is talented, experienced, and compassionate about your injuries. When you retain services from our firm, you can be confident that your rights are being protected.
• Medical Malpractice
  Ten years as a jurist in over 3,000 general civil appeals in  state court including: complex business disputes; decisions involving directors; breach of fiduciary duty; corporate dissolution; “fairness” of class action settlements; misappropriation of confidential information and trade secrets; and, dissenting shareholder claims.  Other cases involved enforcement of construction liens; calculation of equitable adjustments in construction delay claims; worker’s compensation issues; insurance coverage and damage claims; medical malpractice claims; condemnation; zoning; homeowner’s association disputes; and, routine personal injury claims.
• Auto Accidents

Trusts and Estates

• Estate Planning
  The attorneys at Higgins Benjamin are skilled in the area of estate planning. We work hard to develop comprehensive estate plans that will preserve assets, minimize taxes, and protect your family. Our goal is to educate you about your options and to empower you with the choices you need to make in order to consider your family’s future.
• Wills
• Trusts
• Probate

Finance Law

• Bankruptcy
• Tax Law
  We’ve got experience across the spectrum with a myriad of legal issues like bankruptcy, business and civil litigation, employment concerns, family law, and tax law. Our experience and knowledge allow us to serve you on a personal level so that you are always informed about the status of your case and confident in the representation you have retained.