On Friday, November 16, 2018, I attended the Mecklenburg Resilience Symposium: Building Hope for Tomorrow Through Action Today with a number of judges, medical providers, and mental health professionals. The topic of the Symposium was community Resilience or the process of adapting well in the face of adversity, trauma, tragedy, threats or significant sources of stress.
This was such a timely conference for the judicial system, which serves the needs of people affected by trauma everyday. The Symposium explained that Resilience is not a trait that people either have or do not have. It involves behaviors, thoughts and actions that can be learned and developed in anyone to help them persevere through difficult times.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2018-12-12 15:28:202018-12-13 09:20:11Trauma-Informed Care and the Legal Professional
As a lawyer/mediator, I have had very few opportunities to participate in a mediation as a litigant. But I did once, which gave me some insight into why clients like mediation.
My wife and I were selling our house. A buyer looked at it, decided he wanted it, signed a purchase contract and put down a $1,000 deposit. There were some small repairs he wanted, which we hired a contractor to complete. Then a week or so later he decided he did not want to buy the house after all. Through our realtor we learned that our house was near where his ex-wife and children were going to live, but once his new girlfriend found out, she demanded that he not buy a house so near the ex-wife. All fine and understandable, but not a legal reason to break the contract, so I got to keep the $1,000. He threatened to sue, but after some persuasion, I got him to agree to mediation.
Employees who face discriminatory treatment at work are often faced with the dilemma of how to substantiate their claims, and how to guard against the risk that their employer will hide or destroy evidence. Frequently, employees choose to take possession of substantiating evidence by forwarding emails to their personal address, or by making copies of documents which would otherwise remain internal. In doing so, employees sometimes violate employer policies governing confidential and proprietary information. On other occasions, these actions violate the law. The Fourth Circuit’s recent opinion in Netter v. Barnes, No. 18-1039, 2018 U.S. App. LEXIS 32358, (4th Cir. Nov. 15, 2018), establishes that employees who violate internal confidentiality policies in the furtherance of a Title VII investigation are protected by the “participation clause” of the statute’s retaliation provision, while those who break the law while doing the same are not.
The North Carolina Industrial Commission enacted rule changes effective Dec. 1, 2018. The Commission issued a one-page overview of these changes. In this one-page overview, the Commission highlighted the changes for filing medical motions and the requirement for insurance carriers, third-party administrators, and self-insured employers to have a primary contact person designated for all workers’ compensation matters. That person’s contact information must be submitted to the Commission annually on July 1. A copy of the annotated rule changes can be found here.
When appealing a workers’ compensation case, beware of hidden procedural traps. Workers’ compensation rules and appellate rules are two very different animals, according to the North Carolina Court of Appeals in Bradley v. Cumberland County (Zachary, J., November 20, 2018). Although the workers’ compensation rules of the Industrial Commission allow service by email when filing a document via its electronic data filing portal (EDFP), not so once the case is elevated to the appellate level. In Bradley, plaintiff filed his Notice of Appeal through the EDFP we all know and love. Understandably, (since nearly all workers’ compensation filings may be served electronically now), the plaintiff then served opposing counsel with the Notice of Appeal via email. However, according to the Court of Appeals, because the appellate rules – not the workers’ compensation rules – apply to appeals, service of the Notice of Appeal by email, and without a proper certificate of service or proof of receipt, was fatal. Appeal dismissed.
Those who watch Fourth Circuit opinions already know this, but the court recently released an opinion ordering the Eastern District of North Carolina to vacate a gag order entered in ongoing litigation related to North Carolina hog farms. In addition to the importance of the core ruling – overturning the gag order – the Fourth Circuit’s opinion is a powerful statement about the importance of First Amendment rights and the need for trial courts to dot all the i’s and cross all the t’s before taking away those rights.
Our monthly reports at the N.C. Bar Center provide a wealth of information about the members of the North Carolina Bar Association. We can see how many lawyers, law students, paralegals and paralegal students comprise our membership, as well as how many members are participating in each of our sections and divisions.
The reports also reveal how many members hail from each of North Carolina’s 100 counties. There are thousands in Durham, Forsyth, Guilford, Mecklenburg and Wake counties, and more than a hundred members in each of 13 additional counties.
Another important number also stood out in a recent membership report for Gates, Graham and Tyrrell counties: one. That’s right – in each of those counties, we had one member, each of whom has a story to tell about their lives, their careers, and their reasons for being members of the North Carolina Bar Association.
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North Carolina Bar Association Members Get $150 Off Standard Registration
ABA TECHSHOW has over 31 years of experience bringing lawyers and technology together. Legal work today is dependent on technology to manage day to day activities, to practice more competently, and to service clients more effectively. ABA TECHSHOW teaches you how technology can work for you. Through the expansive EXPO Hall, CLEs, presentations, and workshops, you will be able to get your questions answered and learn from the top legal professionals and tech innovators, all under one roof. Regardless of your expertise level, there’s something for you at ABA TECHSHOW.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Catherine Reachhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCatherine Reach2018-12-07 16:31:502018-12-11 13:01:37ABA TECHSHOW 2019 NCBA Member Discount and Some Marketing Tips
The Department of Veterans Affairs’ Program of Comprehensive Assistance for Family Caregivers provides support to individuals whose assistance enables seriously injured veterans to remain in their homes and communities. Although initially limited to the caregivers of post 9/11-veterans, legislation recently extended potential eligibility to the caregivers of all eras. The criteria for participation is still complex, however, as is the evaluation of the services to be rendered under the program.1 Potential benefits for caregivers include a stipend for providing personal care services, training, counseling, access to healthcare, and mental health services. The VA is currently seeking comments regarding the program.
The VA’s request for comments focuses on determining the level of need for personal care services and extending the services provided to include legal and financial services. Those wishing to review the request for comments can visit the Federal Register website here. The deadline for comments is Dec. 12, 2018.
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We are pleased to announce the formation of the NCBA Privacy and Data Security Section. Privacy and data security issues are constantly evolving, which makes this field uniquely suited to collaboration and information sharing. Further demonstrating its importance, in November 2018, the N.C. State Bar recognized its first class of privacy law specialists. Even if your practice does not focus specifically on privacy and data security, join us to stay informed as to the latest trends and developments that may affect your clients. The new Section, which we anticipate will be formally recognized by the NCBA starting in July 2019, is open for registration here.
For more on the Section’s mission, read Chair Alex Pearce’s inaugural blog post.
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