MIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.
This month’s perspective is courtesy of William D. Ramos; Ramos Law, PA.; Raleigh.
What law school did you attend and what was your graduation year?
Florida A&M University College of Law, 2017.
What inspired or prompted you to become an attorney?
Seeing and experiencing the powerlessness of the average person against the “powers that be.”
Please describe a barrier or obstacle you have overcome in your professional career?
Being an older, new attorney is fraught with its own barriers or challenges. As a Hispanic, the first obstacle is having people believe you are, in fact, an attorney. Considering that only 5% of lawyers are Hispanic, a sad fact, it is not surprising to have people question my being a lawyer.
Do you have a message of encouragement for others who may have experienced similar challenges or adversity as a diverse attorney?
Do not give up. I’ll share what I’ve always told my children and now my grandchildren. Take a knee, catch your breath, then get up and move. Anywhere is better than on your knees.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA MIPhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA MIP2021-07-02 12:44:222021-07-02 12:44:22MIP’s Diverse Perspectives: William D. Ramos
Now that the situation at the pump seems to have recovered and returned to normal, it is time to figure out what actually happened in the Colonial pipeline attack and what lessons, if any, we can learn from yet another high profile cyberattack involving ransomware.
First, a few introductory words and some background on ransomware: ransomware is a common form of cyberattack in our time, and it involves attackers deploying code onto the victim’s network that results in encrypting files and folders throughout the network. According to the FBI, the best way to contain the attack is to block the code from moving across the network. For recovery from the attack, companies often rely on sound backup practices that allow them to restore encrypted files and folders without losing too much data. Of course, victims of ransomware attacks can also pay ransom, but that practice is still discouraged by the FBI and in some cases actually forbidden since the groups behind the attack are deemed sanctioned foreign entities.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2021-07-02 11:36:142021-07-02 11:39:01Network Segmentation – Perhaps the Only Piece of Good News From the Colonial Pipeline Hack
Apparently time still flies by, even during a pandemic. It has been such an honor serving the Construction Law Section and its incredible members as Chair this past bar year, and it’s hard to fathom that the year is at its end. The section is in terrific hands as we move into the 2021-2022 bar year on July 1, with Parker Moore ([email protected]) taking the reins as Chair, ably assisted by Carl Burchette ([email protected]) as Vice-Chair, Sandy Mitterling Schilder ([email protected]) as Secretary, and Caroline Trautman ([email protected]) as Treasurer. Please reach out to them and let them know how the section can better serve you — as well as how you can serve the section.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-06-30 14:19:312021-06-30 14:53:082020-2021 Construction Law Section Summary
The General Assembly has amended Chapter 84 to clarify how out-of-state attorneys may apply to practice pro hac vice before the Utilities and Industrial Commissions and OAH, and any other administrative agencies. S 277 (SL 2021-60). Ret. & Treasury Tech. Corrections Act Of 2021. The governor signed the bill on Monday, June 28. It is effective on July 1, 2021. The change:
1. Specifies that the out-of-state attorney must apply to the relevant forum for permission to practice pro hac vice, and
2. Specifies that the out-of-state attorney must direct the $225 fee to the administrative agency head. The agency does not keep the fee, but instead must then send $200 to the treasurer for support of the courts and $25 to the State Bar to support regulation of out-of-state attorneys practicing in North Carolina.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2021-06-30 10:03:392021-06-30 10:03:39New Law Clarifies Pro Hac Vice Practice Before Administrative Agencies
Once upon a time there was abroad in the east a rogue with a tax scheme: set up a North Carolina nonprofit corporation, with the word, “Conservation,” in the name, have one-page minutes naming prominent folks like judges as directors, and file the same away. Not only would the directors not meet, but also they were never aware of the company or that they were named. Without any of the baseline data and other requirements for a conservation easement included in the 26 U.S.C Section 170(h) regulations, cause a deed to be made to the company and encourage owners of the land to take certain federal deductions for a conservation easement and certain state tax credits (at a time when those were allowed). See, e.g., Lukens Island Timber Enterprises, LLC, v. Coastal Hunting Land Conservation Group, Inc., 09 CVS 1901 (Carteret County Superior Court rescinded the conservation easement based on fraud of the creator). In some cases, the owners would just abandon the lands, after which in due course a tax foreclosure would follow.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00RealPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRealProperty2021-06-30 09:38:212021-06-30 09:46:59When You Do Not Know What You Do Not Know: Are There Certain Interests Not Foreclosed In a Tax Foreclosure?
I became a paralegal a few years ago, not as a recent college graduate nor as my first profession, but as someone looking for divine intervention.
My younger self was a stay-at-home mom until my divorce. At the time, I was determined to support myself, and against the advice of my attorney, did not ask for alimony. Maybe not a great idea in retrospect, but knowing myself, I would most likely do it again. I did not have a college degree and had not worked outside of my home in over ten years. I was lucky, though; I found a job in New York City working for an oil broker. Within a year, I was the Office Manager. When they decided to move to Miami, I handled the logistics of moving the office, the brokers, and their families, as well as mine. Being a single Mom in an unfamiliar city, five hundred miles from all that I knew, I was miserable; I missed my family and friends. I connected with someone that knew someone, and as luck would have it, found a job immediately back in Midtown Manhattan. Back then, you could make a decent living without a college education. It was a different time. However, internally, I frequently felt “less than.”
Chief Administrative Law Judge Julian Mann III appointed Ashley B. Snyder as the Codifier of Rules effective July 1, 2021. The Codifier enters rules into the North Carolina Administrative Code, publishes the North Carolina Register, and reviews emergency rules. In addition, the Codifier serves as the Director of APA Services by managing and directing the Rules Division. The Division provides legal and administrative support to the Rules Review Commission and publishes the North Carolina Register and North Carolina Administrative Code. Ashley will replace Molly Masich who retired Jan. 1 after 41 years of service to the state.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2021-06-23 09:55:532021-06-23 09:55:53Judge Mann Appoints New Codifier of Rules
Father and mother have two children together. Father has three other minor children from previous relationships – two of those other children live with him. Mother is a W-2 employee and father is self-employed. In its findings regarding father’s income, the trial court noted that father’s business had significant expenses but failed to take those expenses into consideration in its calculation of income for child support purposes – instead, the trial court utilized father’s gross monthly business income as his income for child support purposes. Additionally, because father was only listed as the father on the birth certificate of one of the two children living with him, the trial court only gave father credit for that one child. Father appealed. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2021-06-23 09:13:572021-06-23 09:44:05Case Law Update: Child Support
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Pro Bonohttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPro Bono2021-06-22 17:03:572022-10-25 13:22:362021 Pro Bono Award Winners Recognized
It’s no secret that the ability to form a trusting relationship with clients is one of the most important skills a lawyer can have. As a rule, “when a client’s capacity to make adequately considered decisions in connection with a representation is diminished because of minority . . . the lawyer shall as far as reasonably possible, maintain a normal client-lawyer relationship with the client.”[1] However, additional considerations should be made when the client is a minor child.
MIP’s Diverse Perspectives: William D. Ramos
Minorities In the ProfessionMIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.
This month’s perspective is courtesy of William D. Ramos; Ramos Law, PA.; Raleigh.
What law school did you attend and what was your graduation year?
Florida A&M University College of Law, 2017.
What inspired or prompted you to become an attorney?
Seeing and experiencing the powerlessness of the average person against the “powers that be.”
Please describe a barrier or obstacle you have overcome in your professional career?
Being an older, new attorney is fraught with its own barriers or challenges. As a Hispanic, the first obstacle is having people believe you are, in fact, an attorney. Considering that only 5% of lawyers are Hispanic, a sad fact, it is not surprising to have people question my being a lawyer.
Do you have a message of encouragement for others who may have experienced similar challenges or adversity as a diverse attorney?
Do not give up. I’ll share what I’ve always told my children and now my grandchildren. Take a knee, catch your breath, then get up and move. Anywhere is better than on your knees.
William D. Ramos is the owner of Ramos Law, PA. Please visit his full bio at: https://www.linkedin.com/in/william-bill-ramos-esq/.
Network Segmentation – Perhaps the Only Piece of Good News From the Colonial Pipeline Hack
Featured PostsIntroduction
Now that the situation at the pump seems to have recovered and returned to normal, it is time to figure out what actually happened in the Colonial pipeline attack and what lessons, if any, we can learn from yet another high profile cyberattack involving ransomware.
First, a few introductory words and some background on ransomware: ransomware is a common form of cyberattack in our time, and it involves attackers deploying code onto the victim’s network that results in encrypting files and folders throughout the network. According to the FBI, the best way to contain the attack is to block the code from moving across the network. For recovery from the attack, companies often rely on sound backup practices that allow them to restore encrypted files and folders without losing too much data. Of course, victims of ransomware attacks can also pay ransom, but that practice is still discouraged by the FBI and in some cases actually forbidden since the groups behind the attack are deemed sanctioned foreign entities.
Read more
2020-2021 Construction Law Section Summary
Construction Law SectionIn With the New
Apparently time still flies by, even during a pandemic. It has been such an honor serving the Construction Law Section and its incredible members as Chair this past bar year, and it’s hard to fathom that the year is at its end. The section is in terrific hands as we move into the 2021-2022 bar year on July 1, with Parker Moore ([email protected]) taking the reins as Chair, ably assisted by Carl Burchette ([email protected]) as Vice-Chair, Sandy Mitterling Schilder ([email protected]) as Secretary, and Caroline Trautman ([email protected]) as Treasurer. Please reach out to them and let them know how the section can better serve you — as well as how you can serve the section.
Read more
New Law Clarifies Pro Hac Vice Practice Before Administrative Agencies
Administrative LawThe General Assembly has amended Chapter 84 to clarify how out-of-state attorneys may apply to practice pro hac vice before the Utilities and Industrial Commissions and OAH, and any other administrative agencies. S 277 (SL 2021-60). Ret. & Treasury Tech. Corrections Act Of 2021. The governor signed the bill on Monday, June 28. It is effective on July 1, 2021. The change:
1. Specifies that the out-of-state attorney must apply to the relevant forum for permission to practice pro hac vice, and
2. Specifies that the out-of-state attorney must direct the $225 fee to the administrative agency head. The agency does not keep the fee, but instead must then send $200 to the treasurer for support of the courts and $25 to the State Bar to support regulation of out-of-state attorneys practicing in North Carolina.
When You Do Not Know What You Do Not Know: Are There Certain Interests Not Foreclosed In a Tax Foreclosure?
Real PropertyJames W. Narron
Taylor Avioli
By James W. Narron and Taylor Avioli
Once upon a time there was abroad in the east a rogue with a tax scheme: set up a North Carolina nonprofit corporation, with the word, “Conservation,” in the name, have one-page minutes naming prominent folks like judges as directors, and file the same away. Not only would the directors not meet, but also they were never aware of the company or that they were named. Without any of the baseline data and other requirements for a conservation easement included in the 26 U.S.C Section 170(h) regulations, cause a deed to be made to the company and encourage owners of the land to take certain federal deductions for a conservation easement and certain state tax credits (at a time when those were allowed). See, e.g., Lukens Island Timber Enterprises, LLC, v. Coastal Hunting Land Conservation Group, Inc., 09 CVS 1901 (Carteret County Superior Court rescinded the conservation easement based on fraud of the creator). In some cases, the owners would just abandon the lands, after which in due course a tax foreclosure would follow.
Read more
Paralegal Spotlight: Mary Accardi
Paralegal DivisionI became a paralegal a few years ago, not as a recent college graduate nor as my first profession, but as someone looking for divine intervention.
My younger self was a stay-at-home mom until my divorce. At the time, I was determined to support myself, and against the advice of my attorney, did not ask for alimony. Maybe not a great idea in retrospect, but knowing myself, I would most likely do it again. I did not have a college degree and had not worked outside of my home in over ten years. I was lucky, though; I found a job in New York City working for an oil broker. Within a year, I was the Office Manager. When they decided to move to Miami, I handled the logistics of moving the office, the brokers, and their families, as well as mine. Being a single Mom in an unfamiliar city, five hundred miles from all that I knew, I was miserable; I missed my family and friends. I connected with someone that knew someone, and as luck would have it, found a job immediately back in Midtown Manhattan. Back then, you could make a decent living without a college education. It was a different time. However, internally, I frequently felt “less than.”
Read more
Judge Mann Appoints New Codifier of Rules
Administrative LawChief Administrative Law Judge Julian Mann III appointed Ashley B. Snyder as the Codifier of Rules effective July 1, 2021. The Codifier enters rules into the North Carolina Administrative Code, publishes the North Carolina Register, and reviews emergency rules. In addition, the Codifier serves as the Director of APA Services by managing and directing the Rules Division. The Division provides legal and administrative support to the Rules Review Commission and publishes the North Carolina Register and North Carolina Administrative Code. Ashley will replace Molly Masich who retired Jan. 1 after 41 years of service to the state.
Read more
Case Law Update: Child Support
Family Law SectionCraven County o/b/o Wooten v. Hageb, Court of Appeals of North Carolina, June 1, 2021 (Child Support)
Father and mother have two children together. Father has three other minor children from previous relationships – two of those other children live with him. Mother is a W-2 employee and father is self-employed. In its findings regarding father’s income, the trial court noted that father’s business had significant expenses but failed to take those expenses into consideration in its calculation of income for child support purposes – instead, the trial court utilized father’s gross monthly business income as his income for child support purposes. Additionally, because father was only listed as the father on the birth certificate of one of the two children living with him, the trial court only gave father credit for that one child. Father appealed. Read more
2021 Pro Bono Award Winners Recognized
Pro Bono CommitteeThe 2021 Pro Bono Award winners were recognized during the virtual NCBA Annual Meeting on Thursday, June 17. The recipients are:
Read more
Diversity, Equity, & Inclusion (DEI) Series: Special Considerations When Representing Child Clients
Pro Bono CommitteeMegan Reilly-Dreas
Niya Fonville
By Megan Reilly-Dreas and Niya Fonville
It’s no secret that the ability to form a trusting relationship with clients is one of the most important skills a lawyer can have. As a rule, “when a client’s capacity to make adequately considered decisions in connection with a representation is diminished because of minority . . . the lawyer shall as far as reasonably possible, maintain a normal client-lawyer relationship with the client.”[1] However, additional considerations should be made when the client is a minor child.
Read more