Book Review: “Elder Fraud Wars” by David Neil Kirkman

By Colin K. Austin

As Elder Law attorneys, we need to be aware of the dangers our clients face from a number of fraudulent scams that can quickly deplete their assets. One good resource is a new book, “Elder Fraud Wars: Case Histories from an Enforcement Attorney” (Exposit, 2020). Author David Neil Kirkman is a recently retired attorney who spent most of his career working with the Consumer Protection Division of the North Carolina Attorney General’s Office. In his book, Kirkman recounts stories and specific cases that he encountered during his time managing the Elder Fraud Unit.

Why are the elderly at extraordinary risk of being scammed? Kirkman quotes Willie Sutton’s response when asked why he robbed banks: “Because that’s where the money is.” According to the most recent Survey of Consumer Finances from the Federal Reserve Board (2017), median wealth in the U.S. for those who are 35-44 years old is $60,000 while the median wealth figure for those who are 65 years old and over is above $225,000. Kirkman also presents a set of other key victim vulnerabilities for the elderly, including many situations that we routinely encounter with our elderly clients: 100% equity in their home, physical or emotional isolation, impairments such as immobility, limited eyesight or hearing, cognitive decline, and loneliness. Elderly individuals may also have the desire to be decision makers again and to have something important happening in their lives. Any combination of these factors presents an opportunity for professional scammers to present themselves and take advantage of elderly individuals.

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Be a Democracy Hero – An Appropriate Role for Attorneys

By Stephen J. White, Section Pro Bono Chair

“The health of a democratic society may be measured by the quality of functions performed by private citizens.”

          — Alexis de Tocqueville, “Democracy in America”

The proper functioning of our nation’s elections — unquestionably vital to our democracy’s health — largely depends on private citizens serving as poll workers. According to a recent article in the Raleigh News & Observer, due to the COVID-19 public health emergency, North Carolina is bracing for reduced participation among citizens typically willing to serve as poll workers. With the NC State Board of Elections (“SBE”) reporting an average age of 70 years among poll workers, this demographic clearly intersects with the population most vulnerable to the health impacts of COVID-19.

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A Welcome Message from the Chair

By Jennifer Jones

Government & Public Sector Members:

Welcome to a new Bar year!  My name is Jennifer Jones, and I am honored to serve this year as the Chair of the Government & Public Sector Section for the 2020-2021 year.

Of course, this Bar year is shaping up to be unlike any other in the last 121 years of the history of the North Carolina Bar Association, or at least in any of our collective memories. We are living through historic times in multiple ways. We are facing a pandemic that feels endless at times. We are acknowledging our nation’s history of systemic racism, and trying to right the wrongs that Black, Indigenous, and people of color have faced for far too long. Additionally, we are living through a contentious election year that threatens to divide us, when we need to come together to fight both the pandemic and systemic racism.

Of course, the stress of living and working in a pandemic and navigating this new way of life takes a toll on all of us. Frankly, I am tired of hearing the term “the new normal,” but there seems to be no other way to describe what’s happening now. From teleworking, to finding childcare, to caring for aging parents, to schooling our children at least part time from home, 2020 has been a year of incredible challenges.

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NCIC Quarterly Update

By Barry Jennings 

On August 21, 2020, the North Carolina Industrial Commission posted a quarterly update to their website. The update can be found here. The update addresses the upcoming NCIC Educational Conference, the emergency amendment to Rule 11 NCAC 23G, and ways for interested stakeholders to receive updates via email.

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Scholarships for Children of Wartime Veterans

By Adam Banks

Some may not know that the North Carolina General Assembly has adopted legislation providing for a four-year scholarship for children of wartime veterans at approved schools in North Carolina. We think this scholarship program is a tremendous benefit to North Carolina residents, and we hope Military & Veteran Law Section members will circulate the information below to anyone interested.

More information can be found at https://www.milvets.nc.gov/services/scholarships and requirements and information for the scholarship can be found at https://veterans.uncg.edu/wp-content/uploads/2016/09/NCDVA-16InstructionSheet.pdf.

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Welcome Message from the Real Property Section Chair

By Brian Byrd

I hope this message finds you well. I am honored to be the Chair of the Real Property Section for the 2020-2021 NCBA year. Joining me on this year’s Executive Committee are Vice-Chair Christina Pearsall with Schell Bray PLLC in Greensboro, Secretary-Treasurer Lindsay Thompson with The Van Winkle Law Firm in Asheville, and immediate Past Chair Brian Taylor with White & Allen P.A. in New Bern.

As a Section, we owe Brian Taylor a debt of gratitude for his steady guidance during the past year, particularly after the onset of the COVID-19 pandemic. Brian coordinated the Section’s response to the unprecedented challenges to our profession wrought by the pandemic, including measures intended to facilitate the provision of legal services despite business and government office closures, social distancing and economic upheaval. With the Section’s support and in concert with advocacy by other stakeholders in the real estate industry, the Good Funds Settlement Act was temporarily amended to allow disbursements prior to recording of the deed, subject to compliance with certain conditions and requirements, when the applicable Register of Deeds is not accepting documents for recording. In addition, with the Section’s support, the General Assembly adopted legislation temporarily allowing notary acknowledgments to be completed remotely by video. I would like to acknowledge and thank Nancy Ferguson for the significant role that she played in guiding the Section’s efforts with respect to both of these measures.

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A Message from the Chair of the NCBA Privacy and Data Security Section

By Erin Illman

Greetings Privacy and Data Security Section members, and welcome to the 2020-2021 bar year! It is my honor and privilege to serve as Chair this year, and I am looking forward to working with an amazing and highly invested group of council members, committee co-chairs, and NCBA staff. I’m also very excited about this year’s top-notch programming, activities, blog content, and other valuable benefits our Section provides our members.

While this year may look a little different in light of the unique challenges that we are all navigating during the COVID-19 pandemic, the Section leadership is committed to providing the same excellent CLE programming, social and professional benefits, and practical tips and discussions with colleagues in this evolving area of law.

Below is an update on the Section’s activities this year and some opportunities for members to get involved in the Section’s work.

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Save the Date: Upcoming Constitutional Rights & Responsibilities Section Meetings and CLE

By Colin Shive 

Hello, and I hope everyone is doing well during these trying times.

I have recently taken over as Chair of our section and look forward to guiding us through a successful year.

Things will be different with our meetings taking place remotely through the end of this calendar year, but I am hoping we can make the best of it.

Below are dates for our upcoming meetings:

  1. September 17  – noon
  2. November 12  – noon
  3. January 8 –  noon
  4. April 30  – noon

Please also note that Judge Hunter has been planning a CLE for December 3 regarding constitutional litigation in North Carolina. Please mark your calendars for what should be a very informative and enlightening series of panel presentations from practitioners and academics around the state.

I look forward to seeing you all on September 17 for our first meeting of the year.

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Licensing Board Offers Virtual Continuing Education Courses For General Contractors Amid COVID-19

By Jillian C.S. Blanchard

As of January 1, 2020, all general contractors holding a building, residential or unclassified contractor license classification are required to have one of their qualifiers complete eight hours of continuing education on an annual basis in order to renew their license. The continuing education requirement for each new year begins on January 1 and must be completed by November 30. However, the qualifier has a 90-day grace period past November 30 to complete their full eight hours. The failure of a qualifier to complete continuing education requirements before the expiration of the 90-day grace period will result in the invalidation of the contractor entity’s license until continuing education and other licensing requirements have been met.

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A Letter from the Chair

By Andy Tarr 

Dear Members of the Bankruptcy Section:

I am excited to have the privilege of serving as Chair of the Bankruptcy Section during this new North Carolina Bar Association year. A second-generation member of this Section, I have long admired the contributions this Section has made to the practice of bankruptcy law in this state. Many of you have served as role models for me, teaching me strong client advocacy and complex problem solving, while practicing the highest standards of integrity and collegiality. We will continue to promote these high standards among our Section this year.

These are challenging times we face. The Section will have to do things differently this year. But your Section council and committee chairs are ready for these challenges. We already are discussing ways the Section can meet your needs and elevate the profession.

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