Judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of the Fourth Circuit, Albert Diaz, has said that he and his colleagues routinely read briefs only on their iPads). Instead, they read briefs just like you or I would, on a screen.
If judges are reading briefs on a screen, should that information change the way that we write briefs? I think so. Even though reading on paper has distinct advantages (readers comprehend information better and retain more of it when they choose paper over a screen), I’m guessing most judges would be hard-pressed to give up the convenience of screen reading.
That leaves one solution: because the way judges read has changed, so too must the way that lawyers write. So, how do we do that? Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2024-02-06 11:47:512024-02-06 12:00:59Screen Time: Strategies for Effective Legal Writing in the Digital Age
We’ve all been there – negotiating with opposing counsel over a nuanced situation, only to get a run-of-the-mill response. These types of conversations can be frustrating, if not downright maddening. More importantly, they have the potential to spell a hard road ahead for our profession.
Over the last year, there has been a fair amount of gnashing of teeth by lawyers and law firms over ways Artificial Intelligence (AI) tools like ChatGPT and the like will affect the legal profession. If your head has been anywhere but buried in the sand, you’ve likely seen examples of articles and briefs, with varying degrees of accuracy, composed using some form of AI. And these tools are going to get better.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Marc Gustafsonhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMarc Gustafson2024-02-06 09:27:382024-02-06 14:42:18AI Is Adapting, and Lawyers Should, Too
It’s time to register for the annual Juvenile Justice & Children’s Rights Section (JJCR) CLE program! Our 2024 program, “The Child’s Advocate: At the Intersection of Juvenile Justice, Child Welfare and Education,” will address the interplay of multiple systems that impact children and families who are involved in the court system, including juvenile justice, child welfare, and education. Research shows that approximately 90% of foster youth with five or more placements will enter the juvenile justice system. Not surprisingly, these vulnerable youth also experience a disproportionate rate of school discipline, mental health needs, and special education services. If you are an attorney or legal professional working with this population, this CLE is for you!
The CLE will take place as a live webcast on Thursday, March 14, 2024, from 12:15-4:10 p.m. The program will include three sessions, featuring: (1) a panel discussion of recent legislation in the areas of juvenile justice, child welfare, and education; (2) a presentation on compassion fatigue resulting from the representation of a juvenile client; and (3) a judge’s panel on the challenges of representing youth who are impacted by the intersection of the juvenile justice, child welfare, and education systems. Participants will hear from a very diverse and highly experienced group of attorneys and judges from throughout the State of North Carolina, including Durham, Forsyth, Mecklenburg, Orange, and Wake Counties. For more details about the program and to see the full agenda, please visit the CLE registration website.
Register early to take advantage of the discounted rate for JJCR Section members! The early bird rate is available now through February 22, 2024 (only $135 for JJCR Section members or $145 for other NCBA members). Don’t miss the opportunity to earn 3.5 MCLE hours, including 1 hour of substance abuse/mental health at this low rate!
*Please note that if you are a North Carolina State Bar certified specialist, this program also qualifies for Child Welfare Law and Juvenile Delinquency Law Specialization credit.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2024-02-02 09:37:042024-02-02 09:37:04The Child’s Advocate: At the Intersection of Juvenile Justice, Child Welfare and Education
Do children have a right to privacy? Yes, but those rights are not always clearly defined and often depend on the actions of the parents. This is especially so in the digital age, where a picture can be shared with millions of people almost immediately. A recent opinion by the Ninth Circuit Court of Appeals illustrates how privacy rights of children may be an afterthought, and when the child realizes their privacy has been invaded, there may be little or no recourse.
Before the internet became open to the public in 1993, and social media came into widespread use in the early 2000s, no one worried about pictures being shared, much less about photos or videos going “viral.” Generally, pictures stayed in the family album or wallet.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2024-01-31 13:35:352024-01-31 13:42:21Privacy Rights of Children in the Digital Age
You finished law school, studied for the bar exam, passed the bar exam, and now you’re about to embark on your journey as an attorney!
Congratulations! You did it, and now you’re about to engage in doing the work of a real lawyer. You’re probably feeling a flood of emotions: excited, eager, nervous, curious, and maybe even worried about what’s to come.
As an attorney who recently wrapped up my first year of practice, I am eager to share what I’ve learned in my first year as an associate in the hopes that it will alleviate stress and help you feel prepared for what’s to come. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2024-01-30 09:32:472024-01-30 09:37:59A Letter to My Younger Self
Do you have time to grab a cup of coffee? Instead of taking this one to go, how about spending thirty meaningful minutes with a future lawyer?
A half hour of your time is all we need to make this program a success! We are seeking attorney volunteers to connect with a law student and pass on the valuable insights you have about succeeding in law school and entering the practice of law. If you would like to volunteer, please fill out this attorney sign-up form. Law students can sign up with this student sign-up form. If you have signed up during a previous GaC session, you will need to sign up again.
GaC is a statewide program that pairs law students with practicing attorneys based on their practice area(s) of interest. Discussion topics may include:
what it is like to practice in your current area of law;
the path you took to get where you are; and
general advice on law school or the first year in practice.
The program is meant to be an informal, one-time, thirty-minute meeting. Attorneys and students have the option of meeting virtually or in person.
Sign-ups close on February 9. Volunteers will be notified by email with more information once they are paired with a law student.
To learn more about the Grab-a-Coffee program, check out this blog post and short YouTube video from prior participants in the program.
We look forward to a successful spring of networking!
Alex Gwynn and Will Robertson serve as co-chairs of the NCBA YLD Law Student Outreach Committee. Matt Meinel serves as the administrator of the NCBA Grab-a-Coffee Program.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2024-01-25 14:27:222024-01-25 14:27:22Searching for Volunteers for the Grab-a-Coffee Program: Spring 2024
On March 9, 2024, the Charlotte Expunction Clinic will again be held at the Mecklenburg County Courthouse. This project is a partnership of the following organizations: the Charlotte Center for Legal Advocacy (the “Advocacy Center”), the SelfServe Center, and the Mecklenburg County Clerk of Superior Court’s Office, District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law.
The project has held seven prior clinics since 2019. Since August 2021, paralegals have been utilized to review criminal records and attorney analysis forms and to prepare petitions for attorney review.
Advocate Health Adds Associate General Counsel Attorney
Michael Berwanger has joined Advocate Health as associate general counsel. Berwanger has experience in value-based care, managed care, privacy and data security and other health care regulatory matters. He previously held the role of vice president of compliance and legal affairs at CHESS Health Solutions since June 2019, where he served as corporate secretary. Prior to this role, Berwanger was director of quality management and compliance at MedCost LLC. Berwanger serves as the Communications Chair of the NCBA Health Law Section. He holds a J.D. from the New England School of Law and a B.A. from the University of North Carolina at Greensboro. He is certified by the Health Care Compliance Association in Health Care Privacy.
Bradley Arant Boult Cummings LLP Elevates Medlin to Counsel
Lyndsay Medlin was promoted to counsel. Medlin has practiced with the firm for eight years. She helps clients in the areas of litigation, investigation and compliance needs, and she also offers counsel to clients in matters of privacy and cybersecurity. In 2017, she was inducted into the North Carolina Pro Bono Honor Society. Medlin serves as a volunteer with the Humane Society of Charlotte. She graduated from the University of Virginia School of Law, where she was the articles development editor for Virginia Sports and Entertainment Law Journal. She holds a B.A., cum laude, from Duke University.
Cranfill Sumner LLP Names New Partners
Ryan Bostic, who practices in the firm’s Wilmington office, has been named a partner with the firm. Bostic is a litigation attorney focusing on high exposure personal injury matters, which include wrongful death, catastrophic injury, and sexual abuse cases. Bostic defends licensed professionals against claims of professional negligence and malpractice. He has served as outside council on behalf of local governments, and he also practices community association law. He received his J.D. from Appalachian School of Law and his bachelor’s degree from West Virginia University. Read more
Home to Fort Liberty and Camp Lejeune, North Carolina has more veterans than most states. For the last five years, McGuireWoods, Wells Fargo, and Charlotte Center for Legal Advocacy (CCLA) have teamed up to serve this community through an estate planning pro bono clinic called “Wills for Warriors.”
The annual clinic, which takes place around Veterans Day, is a one-stop shop where veterans meet attorney and legal professional volunteers from McGuireWoods and Wells Fargo to discuss their goals and leave with needed estate planning documents such as wills, power of attorney forms, and health care power of attorney forms.
The American Bar Association hosts Law Day each year on the first Friday in May to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Law Day 2024 will focus on “democracy and encouraging Americans to participate in the 2024 elections by deepening their understanding of the electoral process; discussing issues in honest and civil ways; turning out to vote; and, finally, helping to move the country forward after free and fair election.” The North Carolina Bar Association’s Law Week and Liberty Bell Committee hosts several competitions to recognize students and legal professionals throughout the State who have dedicated their time to pursuing justice and being a voice for all. The committee is excited to announce that we will be hosting this year’s celebration on Friday, May 3, 2024. Please see a list of competitions for students and legal professionals below. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2024-01-19 10:32:072024-01-19 16:51:40Voices of Democracy: Law Day 2024
Screen Time: Strategies for Effective Legal Writing in the Digital Age
Litigation SectionBy Chris S. Edwards
Judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of the Fourth Circuit, Albert Diaz, has said that he and his colleagues routinely read briefs only on their iPads). Instead, they read briefs just like you or I would, on a screen.
If judges are reading briefs on a screen, should that information change the way that we write briefs? I think so. Even though reading on paper has distinct advantages (readers comprehend information better and retain more of it when they choose paper over a screen), I’m guessing most judges would be hard-pressed to give up the convenience of screen reading.
That leaves one solution: because the way judges read has changed, so too must the way that lawyers write. So, how do we do that? Read more
AI Is Adapting, and Lawyers Should, Too
Featured PostsBy Marc E. Gustafson
We’ve all been there – negotiating with opposing counsel over a nuanced situation, only to get a run-of-the-mill response. These types of conversations can be frustrating, if not downright maddening. More importantly, they have the potential to spell a hard road ahead for our profession.
Over the last year, there has been a fair amount of gnashing of teeth by lawyers and law firms over ways Artificial Intelligence (AI) tools like ChatGPT and the like will affect the legal profession. If your head has been anywhere but buried in the sand, you’ve likely seen examples of articles and briefs, with varying degrees of accuracy, composed using some form of AI. And these tools are going to get better.
Read more
The Child’s Advocate: At the Intersection of Juvenile Justice, Child Welfare and Education
Juvenile Justice & Children's RightsBy LaToya B. Powell
It’s time to register for the annual Juvenile Justice & Children’s Rights Section (JJCR) CLE program! Our 2024 program, “The Child’s Advocate: At the Intersection of Juvenile Justice, Child Welfare and Education,” will address the interplay of multiple systems that impact children and families who are involved in the court system, including juvenile justice, child welfare, and education. Research shows that approximately 90% of foster youth with five or more placements will enter the juvenile justice system. Not surprisingly, these vulnerable youth also experience a disproportionate rate of school discipline, mental health needs, and special education services. If you are an attorney or legal professional working with this population, this CLE is for you!
The CLE will take place as a live webcast on Thursday, March 14, 2024, from 12:15-4:10 p.m. The program will include three sessions, featuring: (1) a panel discussion of recent legislation in the areas of juvenile justice, child welfare, and education; (2) a presentation on compassion fatigue resulting from the representation of a juvenile client; and (3) a judge’s panel on the challenges of representing youth who are impacted by the intersection of the juvenile justice, child welfare, and education systems. Participants will hear from a very diverse and highly experienced group of attorneys and judges from throughout the State of North Carolina, including Durham, Forsyth, Mecklenburg, Orange, and Wake Counties. For more details about the program and to see the full agenda, please visit the CLE registration website.
Register early to take advantage of the discounted rate for JJCR Section members! The early bird rate is available now through February 22, 2024 (only $135 for JJCR Section members or $145 for other NCBA members). Don’t miss the opportunity to earn 3.5 MCLE hours, including 1 hour of substance abuse/mental health at this low rate!
*Please note that if you are a North Carolina State Bar certified specialist, this program also qualifies for Child Welfare Law and Juvenile Delinquency Law Specialization credit.
Privacy Rights of Children in the Digital Age
Juvenile Justice & Children's RightsBy Michelle FormyDuval Lynch
Do children have a right to privacy? Yes, but those rights are not always clearly defined and often depend on the actions of the parents. This is especially so in the digital age, where a picture can be shared with millions of people almost immediately. A recent opinion by the Ninth Circuit Court of Appeals illustrates how privacy rights of children may be an afterthought, and when the child realizes their privacy has been invaded, there may be little or no recourse.
Before the internet became open to the public in 1993, and social media came into widespread use in the early 2000s, no one worried about pictures being shared, much less about photos or videos going “viral.” Generally, pictures stayed in the family album or wallet.
Read more
A Letter to My Younger Self
Young Lawyers DivisionBy Chazle’ N. Woodley
Dear New Associate,
You finished law school, studied for the bar exam, passed the bar exam, and now you’re about to embark on your journey as an attorney!
Congratulations! You did it, and now you’re about to engage in doing the work of a real lawyer. You’re probably feeling a flood of emotions: excited, eager, nervous, curious, and maybe even worried about what’s to come.
As an attorney who recently wrapped up my first year of practice, I am eager to share what I’ve learned in my first year as an associate in the hopes that it will alleviate stress and help you feel prepared for what’s to come. Read more
Searching for Volunteers for the Grab-a-Coffee Program: Spring 2024
Young Lawyers DivisionBy Alex Gwynn, Matt Meinel and Will Robertson
Do you have time to grab a cup of coffee? Instead of taking this one to go, how about spending thirty meaningful minutes with a future lawyer?
A half hour of your time is all we need to make this program a success! We are seeking attorney volunteers to connect with a law student and pass on the valuable insights you have about succeeding in law school and entering the practice of law. If you would like to volunteer, please fill out this attorney sign-up form. Law students can sign up with this student sign-up form. If you have signed up during a previous GaC session, you will need to sign up again.
GaC is a statewide program that pairs law students with practicing attorneys based on their practice area(s) of interest. Discussion topics may include:
what it is like to practice in your current area of law;
the path you took to get where you are; and
general advice on law school or the first year in practice.
The program is meant to be an informal, one-time, thirty-minute meeting. Attorneys and students have the option of meeting virtually or in person.
Sign-ups close on February 9. Volunteers will be notified by email with more information once they are paired with a law student.
To learn more about the Grab-a-Coffee program, check out this blog post and short YouTube video from prior participants in the program.
We look forward to a successful spring of networking!
Alex Gwynn and Will Robertson serve as co-chairs of the NCBA YLD Law Student Outreach Committee. Matt Meinel serves as the administrator of the NCBA Grab-a-Coffee Program.
Volunteer to Prepare Expunction Petitions Remotely
Paralegal DivisionBy Rachel Royal
On March 9, 2024, the Charlotte Expunction Clinic will again be held at the Mecklenburg County Courthouse. This project is a partnership of the following organizations: the Charlotte Center for Legal Advocacy (the “Advocacy Center”), the SelfServe Center, and the Mecklenburg County Clerk of Superior Court’s Office, District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law.
The project has held seven prior clinics since 2019. Since August 2021, paralegals have been utilized to review criminal records and attorney analysis forms and to prepare petitions for attorney review.
Read more
Checking In: January 23, 2024
Checking InAdvocate Health Adds Associate General Counsel Attorney
Michael Berwanger has joined Advocate Health as associate general counsel. Berwanger has experience in value-based care, managed care, privacy and data security and other health care regulatory matters. He previously held the role of vice president of compliance and legal affairs at CHESS Health Solutions since June 2019, where he served as corporate secretary. Prior to this role, Berwanger was director of quality management and compliance at MedCost LLC. Berwanger serves as the Communications Chair of the NCBA Health Law Section. He holds a J.D. from the New England School of Law and a B.A. from the University of North Carolina at Greensboro. He is certified by the Health Care Compliance Association in Health Care Privacy.
Bradley Arant Boult Cummings LLP Elevates Medlin to Counsel
Lyndsay Medlin was promoted to counsel. Medlin has practiced with the firm for eight years. She helps clients in the areas of litigation, investigation and compliance needs, and she also offers counsel to clients in matters of privacy and cybersecurity. In 2017, she was inducted into the North Carolina Pro Bono Honor Society. Medlin serves as a volunteer with the Humane Society of Charlotte. She graduated from the University of Virginia School of Law, where she was the articles development editor for Virginia Sports and Entertainment Law Journal. She holds a B.A., cum laude, from Duke University.
Cranfill Sumner LLP Names New Partners
Ryan Bostic, who practices in the firm’s Wilmington office, has been named a partner with the firm. Bostic is a litigation attorney focusing on high exposure personal injury matters, which include wrongful death, catastrophic injury, and sexual abuse cases. Bostic defends licensed professionals against claims of professional negligence and malpractice. He has served as outside council on behalf of local governments, and he also practices community association law. He received his J.D. from Appalachian School of Law and his bachelor’s degree from West Virginia University. Read more
Pro Bono Spotlight: McGuireWoods and Wells Fargo Wills for Warriors Project
Pro Bono CommitteeBy Kaitlyn Fudge
Home to Fort Liberty and Camp Lejeune, North Carolina has more veterans than most states. For the last five years, McGuireWoods, Wells Fargo, and Charlotte Center for Legal Advocacy (CCLA) have teamed up to serve this community through an estate planning pro bono clinic called “Wills for Warriors.”
The annual clinic, which takes place around Veterans Day, is a one-stop shop where veterans meet attorney and legal professional volunteers from McGuireWoods and Wells Fargo to discuss their goals and leave with needed estate planning documents such as wills, power of attorney forms, and health care power of attorney forms.
Read more
Voices of Democracy: Law Day 2024
Young Lawyers DivisionBy Sidney Thomas and Nicholas Sorensen
The American Bar Association hosts Law Day each year on the first Friday in May to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Law Day 2024 will focus on “democracy and encouraging Americans to participate in the 2024 elections by deepening their understanding of the electoral process; discussing issues in honest and civil ways; turning out to vote; and, finally, helping to move the country forward after free and fair election.” The North Carolina Bar Association’s Law Week and Liberty Bell Committee hosts several competitions to recognize students and legal professionals throughout the State who have dedicated their time to pursuing justice and being a voice for all. The committee is excited to announce that we will be hosting this year’s celebration on Friday, May 3, 2024. Please see a list of competitions for students and legal professionals below. Read more