SolarWinds – What Do We Know and What Can We Learn From It?

By Eva Lorenz and Taylor Ey

SolarWinds made a name for itself as the developer of tools for network monitoring that help small and large companies efficiently run their environment. While not a security-focused company from a product standpoint, the understanding was that the code behind SolarWinds’ tools was protected as intellectual property and that updates were safe to run until it turned out that both of these assumptions were wrong.

How Was the Compromise Detected?

In late 2020, FireEye, a company focused on cybersecurity and internationally involved in helping companies post cyber incident, detected some unusual activity on the FireEye network. FireEye detected it was hacked after the attackers tried to register a device to FireEye’s multi-factor authentication system using stolen credentials. The system then notified the employee, whose credentials were stolen, and alerted the FireEye security team of this new device. This notice triggered an internal investigation to learn who was trying to register this device. FireEye performed in-depth code analysis and determined that the intrusion originated with a SolarWinds product called Orion. Some analysts believe that attacking FireEye was a mistake by the attackers since it sped up detection of the SolarWinds hack.
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Limited Licensing Proposal – Watch the Presentation to the State Bar on March 23, 2021

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Neither the North Carolina Bar Association nor the NCBA Paralegal Division has taken an official position on this issue.

On Jan. 22, 2021, the North Carolina Justice for All Project (NCJ4AP) team submitted a proposal to the North Carolina State Bar and the North Carolina Supreme Court seeking changes to N.C.G.S. § 84 (Unauthorized Practice of Law) to allow unlicensed law school graduates and qualified paralegals to provide limited legal services to low- and moderate-income North Carolinians. The proposal contemplates completion of certain requirements (e.g., examination, certification, education, experience) prior to licensing.

The documents submitted include the following:

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Remote Advocacy – Tips for Success

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By Kimberly M. Marston

We have all experienced the dread of another Zoom meeting or Webex hearing, but why is it so hard to keep your energy and attention up when the webcam light is on?

And why are we so exhausted at the end of the day?

Before you step in front of the webcam for your next court appearance, it helps to consider some of the “digital drawbacks” and how you can minimize their impact on your advocacy.

Digital Drawbacks

  • Audio-visual delays. Even if the technology is working perfectly, microseconds of delay can impact how we communicate and how we are perceived. Research has shown that even small delays in the transmission of auditory and visual signals affect interpersonal perceptions. Delays of only 1.2 seconds led to perceptions that a person was less friendly or less focused.
  • Eye contact. We all know that it’s missing from our online interactions. It matters because there is robust psychosocial evidence that eye contact improves not only connection, but also memory.
  • Distractions. Going to court over Zoom or Webex is like walking into the courtroom with a giant mirror and placing it between you and the bench. It’s too easy to spend the entire time looking at yourself. Meanwhile, your listeners are facing their own struggles — kids, pets, coworkers, technology failures (or user errors), email notifications, and the temptation of multitasking.
  • “Zoom Fatigue.” We normally process non-verbal communications automatically. However, the small amount of non-verbal communication that makes it onto our screens must be consciously observed. That’s taxing. Added to that is the heightened stress caused by the increased emphasis on facial expressions and cues. This “cognitive load” (the use of working memory resources) means your mind will want a break more often than it did when everyone gathered in one place. Read more

The Second Biennial Diversity and Inclusion Symposium

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Tawanda Artis

Niya Fonville

By Tawanda Artis and Niya Fonville

We are thrilled to announce the Minorities in the Profession (MIP) Committee’s second biennial Diversity and Inclusion Symposium. This free, virtual program will be held December 11, 2020, from 9 a.m. to 3:15 p.m. This Symposium is open to any attorney or legal professional interested in diversity and inclusion issues.

Reverend Jesse Jackson once said, “[i]nclusion is not a matter of political correctness. It’s the key to growth.” Regardless of one’s political leanings, or feelings toward Rev. Jackson for that matter, we cannot deny the truth of this statement. While MIP is dedicated to promoting an increase in the number of minority attorneys in the N.C. State Bar, it is also focused on creating an inclusive legal profession — an environment where all members feel heard and their experiences are valued and genuinely incorporated within a structure that may not have traditionally been so welcoming. Inclusivity impacts relationships between colleagues, attorney morale, and how effectively we serve our clients. We all have a part to play in creating and maintaining inclusive spaces. As a profession, as a nation, and as members of this global community, we have an obligation to educate ourselves and hold each other accountable when we fall short. The events of the past several months make this program timelier than ever and demonstrate why change is necessary and why the time is now. We are excited to build on the momentum in many firms and organizations across the nation who are auditing current programs and exploring new initiatives in this sphere.

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YLD Member Perspective: A Holistic Approach to Hiring

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By Kayla Britt

I flunked out of law school in 2014. Now, in 2020, I’m a licensed attorney and a law clerk to the Honorable Reuben F. Young on the North Carolina Court of Appeals. The story of how I got to where I am today is significant and life-changing.

We are more than our setbacks. Those of us who have faced a perceived “failure,” including those who have been academically dismissed or had to sit for the bar exam more than once, should stand just as much of a chance as those who did not. “Qualifications” are extremely important, but seeing a person as more than a resume is important, too.

North Carolina Central University School of Law gave me not one but two chances to achieve my dreams. During my 1L year, I did the required reading and prepared to respond to cold calls, but I did not study effectively for exams. I worked hard but not smart, and I was ultimately dismissed. When I was readmitted to law school in 2016, I was so focused on my grades that I did not build my resume by becoming involved in many student organizations or other extracurricular activities. When it was time to apply for post-graduation jobs, I was just an average candidate, but that did not stop Judge Young from giving me the opportunity of a lifetime. In one hiring decision, he changed the whole trajectory of my career.

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Ketan Soni Presents “The New Community Platform”

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By Ketan Soni

What You Need to Know About the New Community Platform

This year, the NCBA has switched to a new online community platform. This new community platform for Sections, Divisions and Councils offers many more features than the previous system. Below is a summary of the basics and what you need to know to utilize this platform and its features.

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North Carolina Court System Launches Free, Online Document Preparation Tool

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By Alicia Mitchell-Mercer

The North Carolina Court System has launched a free, online document preparation tool that is available for self-represented litigants, paralegals, and attorneys.

Guide & File Logo

The North Carolina Judicial Branch has announced the launch of eCourts Guide & File, a new service that allows attorneys and the public to prepare court documents online in just a few easy steps. With free, 24/7 online access and easy-to-understand interview questions, Guide & File will eliminate barriers and simplify the legal process, particularly for the hundreds of thousands of North Carolinians who come to court without an attorney every year.

“North Carolina’s courts must be available to everyone who needs them. No one should feel locked out by complicated forms and processes that are difficult to understand, particularly when one cannot afford an attorney,” said Chief Justice Cheri Beasley. “Guide & File is another way that we are making our court system more efficient, more equitable and more accessible.”

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Your Body Holds the Secrets to Avoiding Burnout

By Alicia J. Journey

In a new landscape that is changing every minute, we are being forced to keep up, stay hypervigilant and quickly adapt. This is all a perfect recipe for burnout if we don’t become aware of the signs and symptoms before it’s too late. It can be tempting just to focus on what we can control, which for many of us is our work, and to pour ourselves into it without processing our mental and emotional stress. This can work in the short term, but in the long term, it is a recipe for burnout. If we do not heed the warning signs that our mind, body and emotions are sending us, we risk another pandemic, mass burnout.

I know the journey to burnout out well, but I am thankful that I also know the journey back. And I am here to tell you there is hope and another way not just to survive but to thrive. In 2013, I had just gone through a divorce and had a 2-year-old and a 7-year-old at home. I had just left my job as a prosecutor and opened my own law practice. I have epilepsy, and my seizures became more and more frequent, but I chalked that up to giving birth and hormones. And then, I started having panic attacks. I had no idea what they were. I truly thought I was going to die. Up until that point, I had nerves of steel. I could walk into a courtroom, look a murderer in the eye, and dismantle him on cross-examination. I could walk into a prison armed only with my skirt, high heels and a notepad without even flinching. Nothing had ever fazed me, but now, I was debilitated by panic attacks. I felt weak and stupid.

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2020 Pro Bono Awards Announced

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The winners of the North Carolina Bar Association’s 2020 Pro Bono Awards have been selected. The recipients were chosen by members of the NCBA Pro Bono Committee, chaired by Emily Moseley and Jennifer Mencarini.

Congratulations to each recipient and their nominators, who provided the background and biographical information included below for each honoree.

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2020 Legal Legends of Color Honorees Announced

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By Sharita M. Whitaker

The word “change” has various definitions, but my favorite expression of change is “to shift; to undergo transformation or transition.” We can certainly say that “change” is inevitable in all aspects of our lives. Thus far in 2020 alone, we have witnessed how COVID-19 and other events have caused many of us to adjust when, how, and where we work and interact with others. Also, the NCBA has had to shift its 2020 Annual Meeting in Charlotte to an online, virtual program. But “change” presents us with an opportunity to reflect on and learn from our experiences and the experiences of others in order for each of us to evolve for the better.

Although we are unable to celebrate together at the Annual Meeting in Charlotte, and we are adjusting to the change by celebrating in other (virtual) ways, we are proud to announce our 2020 Legal Legends of Color honorees: Judge Yvonne Mims Evans, Senator Dan T. Blue Jr., Attorney Anthony Fox, Professor George R. Johnson Jr., and the late Attorney J. Kenneth Lee. In order to be named a Legal Legend of Color, such person must be (1) a lawyer of color practicing (or one who has practiced most recently) in North Carolina for at least 15 years, (2) have had a legal career with a significant impact in North Carolina, (3) have demonstrated a high level of service to his/her local community and/or on an statewide basis, and (4) be a member in good standing of the North Carolina State Bar (active or inactive). These five attorneys have more than satisfied the criteria for being named a Legal Legend of Color, and, further, they have all effected significant positive change in the North Carolina legal community and beyond. We are honored to share snippets of their distinguished careers with you:

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