Weekly Roundup: Interesting Reads for GPS Members

Court Prohibits Correction of Appraisal Errors.” By Chris McLaughlin, January 15, 2020, UNC School of Government. From the Article: “[T]his Union County case focuses on the issue I raise in the opening hypothetical: may a county change an appraisal in a non-reval year to correct a prior appraisal error?”

The NC Courts Website as a Research Tool.” Posted by Ellie Campbell, UNC School of Law, Katherine R. Everett Law Library. From the Article: “When the North Carolina court system launched its new website, it streamlined the design and made information about the courts easier to find. The new website includes information targeting public users, but it also includes features that make it an excellent research tool.”

Fourth Circuit: Non-Disparagement Clause in Police Misconduct Settlement Violates First Amendment.” By Ruthann Robson, July 12, 2019, Constitutional Law Prof Blog. From the Article: “It’s opinion clearly held that ‘the non-disparagement clause in Overbey’s settlement agreement amounts to a waiver of her First Amendment rights and that strong public interests rooted in the First Amendment make it unenforceable and void.'”

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National Regulatory Board Seminar Covers Sanction Issues and NC Board Case

Nahale Kalfas and Johnny Loper recently attended and participated in the Federation of Associations of Regulatory Boards’ (FARB) annual regulatory law seminar in St. Louis, Missouri. Kalfas is NCBA Administrative Law Section Secretary, General Counsel for the NC Board of Examiners for Speech and Language Pathologists and Audiologists, and legal counsel to the Council of State Governments. Loper is a partner with Womble Bond Dickinson. FARB is a not-for-profit corporation formed in 1974 to promote public protection and provide a forum for information exchange for associations of regulatory boards and their affiliate stakeholders.

Kalfas and Loper, along with Arizona Assistant Attorney General Mona Baskin, participated in a panel presentation on “Probation: Sanction Options & Consequences.”

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NCIC Quarterly Update

Hello WC Section Members! We hope 2020 is treating you well and you have made it through whatever January challenge you have undertaken (Whole30, Dry January, etc.). The CLE at the Grandover will give you the opportunity to throw all those good intentions by the wayside.

We have received the NCIC Quarterly Update and are sending it out for your enjoyment.

NCIC Quarterly Update

We look forward to seeing everyone in Greensboro.

Love,

your Communication Chairs

What School Attorneys Need to Know about the New Senate Bill 199: An Act to Protect Children from Sexual Abuse (SL 2019-245)

By Patricia Robinson

The new Senate Bill 199, which was signed into law on November 7, 2019, has two provisions that all education attorneys need to be aware of: (1) a new requirement, effective December 1, 2019, that adults report potential violent or sexual offenses against child victims to law enforcement; and (2) a requirement that by January 1, 2020, LEAs adopt a child sexual abuse and sex trafficking training program for school personnel who work directly with students, with implementation of the training in the 2020-2021 school year.

New Mandatory Reporting Requirement (§ 14-318.6) 

SB 199 requires that “[a]ny person 18 years of age or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse [must] immediately report the case of that juvenile to the appropriate local law enforcement agency.” “Juvenile” is defined as someone under 18 years of age who is not married, emancipated, or a member of the U.S. Armed Forces. For purposes of SB 199, the age of the juvenile at the time of the abuse or offense governs.

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Lawyers for Literacy: Gifting Children a Better Future, One Book at a Time

By Shawana W. Almendarez

Did you know . . . ?

“85% of juveniles in the criminal system have below-average reading skills.” –  U.S. Department of Education

Children “do better academically when they read more . . . and have greater access to books and other reading materials in their environment.” – National Center for Education Studies

“For 85% to 90% of poor readers, prevention and intervention programs implemented before third grade can increase a child’s reading skills to the average grade levels. However, if intervention is delayed until 9 years of age, approximately 75% of children will continue to have difficulties learning to read throughout high school and their adult years.” – Chapin Hall at the University of Chicago Consortium on Chicago School Research

Research has shown that 96% of students who read on grade level by the end of third grade will likely graduate high school on time. If you would like to positively engage with some of North Carolina’s youngest residents, then join the NC Bar Foundation’s Lawyers for Literacy Program as a reading volunteer.

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Being “Uber” Careful with Client Confidential Information

By Marilyn Forbes 

While the ubiquitous use of our cellphones allows us to make efficient use of travel time to talk with clients or about client matters, there is a new reason to be “uber” careful when conducting business while using ride services.

A fundamental rule of client representation is that we must keep our clients’ secrets. NCRPC Rule 1.6 (a) provides that a lawyer “shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) [which provides specific exceptions such as preventing the commission of a crime.]”  Additionally, and just as important, “a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” Rule 1.6 (c). This includes, among other things, being mindful of when and where you to talk to or about clients.

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Upcoming Pro Bono Opportunity

 

Mallory Lidaka

Samantha Aktug

By Mallory Lidaka and Samantha Aktug

Hello Section Members!  We are looking forward to seeing everyone at the upcoming NCBA Conference at the Grandover in a couple of weeks! On behalf of the Pro Bono Committee of the Workers’ Compensation Section, we are excited to announce that we plan to kick off 2020 with a Pro Bono opportunity for our Section Members to accompany our fundraising efforts with Kids’ Chance at the Conference. We are encouraging our Members to participate in the NC Free Legal Answers Pro Bono Program in partnership with the North Carolina Bar Foundation. This Pro Bono Program allows Bar Association members to provide answers to civil legal questions from financially eligible citizens through a website – not by phone. Attorneys may choose from 25 available legal categories and anonymously respond to a question that fits their legal interests. It is a great way to get your Pro Bono time in without leaving your seat at the Conference or even your hotel room!

We are asking our Members to register for Free Legal Answers prior to or at the Conference.  Registration takes just a few minutes:

  1. Go to nc.freelegalanswers.org.
  2. Click on “Volunteer Attorney Registration” at the top of the site.
  3. Read and agree to Attorney Agreement.
  4. Fill out registration information.
  5. Click on the activation link sent to your email (check spam folder).
  6. Await email confirming administrative approval of your account!

A representative from the NC Bar Foundation will also have a booth set up in the reception space outside the Conference rooms to assist any Member with registration at the Conference.  We are then asking our Members to log on and answer at least one question during their time at the Conference to jump start our Section’s Pro Bono efforts for the year.  We hope you will help us start the year off right!  If you have any questions, please do not hesitate to contact our Pro Bono Subcommittee Chair Mallory Lidaka.  See you at the Conference!

Keeping it All Together: Today’s Family Law Paralegal (6.5 Hours of CPE)

By Peggy Pardue

Are you a North Carolina Certified Paralegal working in family law who likes to earn your credits for the year all at one time? Even if you are not a certified paralegal, you will benefit from this CPE. If you want to hear about a variety of family law topics, this is the CPE for you!

Do you want to learn about the role paralegals play in the appellate court, recent updates to the North Carolina General Statutes, and rules related to parenting coordinators? How about child custody and visitation rights for third parties and grandparents? Do you have the desire to learn procedures in assisting victims in obtaining domestic violence protective orders? Maybe you are a paralegal new to this practice area and want an introduction to family law. If so, you won’t want to miss this CPE, Keeping it All Together: Today’s Family Law Paralegal.

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Pro Bono Volunteer Spotlight: Jennifer Bennington

Pro Bono Project: Lawyer on the Line

By Dawn LaRue

It’s fair to say that Jennifer Bennington is passionate about pro bono!  As a partner of the Wilson firm of Beaman & Bennington, PLLC, Jennifer focuses her practice on bankruptcy (representing debtors, creditors, and the trustee), non-bankruptcy work-outs, as well as representing Wilson County DSS in juvenile abuse, neglect, and dependency cases, as well as child support cases.  Despite the demands of a thriving practice, Jennifer consistently carves time out of her calendar for pro bono projects.  It’s fair to say that when it comes making pro bono a top priority, Jennifer is a frequent flyer!

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YLD January E-Blast

January 23, 2020 |  Diversity & Inclusion Mixer | Greensboro | 5:30 pm
January 23, 2020 |  Law Student Division Networking Reception | Cary | 5:00 pm
February 5, 2020 |  YLD Wellness Flywheel Class & Happy Hour | Charlotte | 6:45 pm
February 20, 2020 |  “From Attorney to Elected Official” Panel | Charlotte | 6:00 pm

COMMITTEE AND SECTION UPDATES

Wellness Committee: The Wellness Committee is hosting a free spin class at Flywheel in Charlotte on February 5, 2020. This event will be part of a statewide initiative promoting the wellness of young attorneys across the state throughout the month of February. Events will be held in Asheville, Winston-Salem, and Raleigh throughout February, stay on the lookout for more updates. A networking hour will follow (details forthcoming) at Leroy Fox after the spin class. Also, attendees of the spin class will be entered into a raffle for a $125 gift card to Flywheel. Space is limited, so sign up here.

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