We are thrilled to announce the Minorities in the Profession (MIP) Committee’s second biennial Diversity and Inclusion Symposium. This free, virtual program will be held December 11, 2020, from 9 a.m. to 3:15 p.m. This Symposium is open to any attorney or legal professional interested in diversity and inclusion issues.
Reverend Jesse Jackson once said, “[i]nclusion is not a matter of political correctness. It’s the key to growth.” Regardless of one’s political leanings, or feelings toward Rev. Jackson for that matter, we cannot deny the truth of this statement. While MIP is dedicated to promoting an increase in the number of minority attorneys in the N.C. State Bar, it is also focused on creating an inclusive legal profession — an environment where all members feel heard and their experiences are valued and genuinely incorporated within a structure that may not have traditionally been so welcoming. Inclusivity impacts relationships between colleagues, attorney morale, and how effectively we serve our clients. We all have a part to play in creating and maintaining inclusive spaces. As a profession, as a nation, and as members of this global community, we have an obligation to educate ourselves and hold each other accountable when we fall short. The events of the past several months make this program timelier than ever and demonstrate why change is necessary and why the time is now. We are excited to build on the momentum in many firms and organizations across the nation who are auditing current programs and exploring new initiatives in this sphere.
Qualified Charitable Distributions (QCD) and Your Required Minimum Distribution (RMD) Accounts
Thanks to changes in the 2018 tax law, many of us are able to reap the benefits of an opportunity to receive a charitable deduction and take the full standard deduction at the same time. As you have heard, the SECURE Act enacted in late December 2019 raised the minimum age from 70.5 (technically April 1 of the year following the year a person attains the age of 70.5) to 72 years effective January 1, 2020, for required minimum distributions from IRAs and other applicable accounts. You can now wait until the age of 72 for the first RMD unless you were already required to take RMDs in 2019. Although the CARES Act waives required minimum distributions (RMD’s) for calendar year 2020, would you please consider the QCD option?
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John Schafer, Deputy Commissioner of the N.C. Industrial Commission, sent the below guidance on the N.C. Court of Appeals’ recently published opinion Mitchell v. Boswell, No. COA19-1077 (N.C. Ct. App. Nov. 3, 2020). The case arose from a dispute over the enforcement of a memorandum of settlement signed by attorneys on behalf of their clients. The court determined that the statute governing superior court mediation, N.C.G.S. § 7A-38.1(l), requires that the settlement agreement contain the signatures of the named parties to the action. Mediators who serve in Industrial Commission (“IC”) cases should note that N.C.G.S. § 7A-38.1(l) is not applicable to IC cases; the statute governing IC mediations is N.C.G.S. § 97-80(c). Additionally, Rules 11 NCAC 23G .0103(g) and .0104(e) of the Rules for Mediated Settlement and Neutral Evaluation Conferences of the North Carolina Industrial Commission govern agreements reached during a mediated settlement conference.
All questions regarding the N.C. Industrial Commission’s Mediation Program should be directed to John Schafer at [email protected].
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On November 26, the United States will come together to celebrate Thanksgiving. Thanksgiving is a time to look back at the year prior and to give thanks. It is also a time to look forward and be thankful for what is to come. Thanksgiving is the pinnacle of the fall season, transitioning the American people into numerous holidays and ultimately, the New Year. In these times, the prospect of a new beginning is one that many of us eagerly await. In 2020, this Thanksgiving holiday will look and feel different from many other Thanksgivings in the past. There might not be a large, lavish meal with family. There might not be a trip across states to see old friends. But in a year where so much has happened, it is important to remember what we are thankful for. Read more
Effective Oct. 1, 2020, House Bill 679 became law, amending Rule 5 of the North Carolina Rules of Civil Procedure.
The changes are outlined below:
1. Service is now proper on a party’s attorney of record via electronic mail to an email address of record with the court in the case. Such email must be sent by 5:00 p.m. Eastern Time on a regular business day. If the email is sent after 5:00 p.m., it will be deemed to have been sent on the next business day.
2. Service may also be made on a party by email, but only if the party has consented to receive email service in the case at a particular email address, and a copy of the consent is filed with the court by any party. The same rules apply as set forth in paragraph 1 as to timing of service by 5:00 p.m.
3. Where electronic filing is available (for example, the Business Court), an automated certificate of service generated by that system satisfies the requirements of Rule 5.
4. The certificate of service must show the date and the method of service, and if by email or fax, the email address or fax number of each person served in that manner.
5. If you serve via email, just like service via fax, there is no “three-day rule” that exists for regular mail.
6. Service in other manners heretofore allowed under Rule 5 are still allowed.
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What is “Project 100,000,” and why should I know about it?
When is an “other than honorable” discharge maybe not so?
What is a “Change Management Agent,” and why should I be nice to them?
Each year, the NCBA Military & Veterans Law (MVL) Section strives to provide CLE opportunities to support legal professionals serving North Carolina’s military and veteran community across a range of practice areas. This year’s program takes place on Thursday, November 19, covering topics such as representing veterans before the U.S. Court of Appeals for Veterans Claims (CAVC), how to prepare clients for compensation & pension medical exams, issues to look out for even after a veteran has been granted compensation for service-connected disability, and history and recent updates around character of discharge.
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The following pro bono projects are available for our Bankruptcy Section members. Just one hour of your time will make the difference with these projects.
NC LEAP – Volunteer Attorneys Needed
NC LEAP provides legal advice and information to low-wealth entrepreneurs. Applicants submit their latest income tax return and a business plan, are screened for eligibility, and then are matched with a volunteer attorney. NC LEAP volunteer attorneys are presently providing assistance to entrepreneurs and small business owners through two ways:
Webinars that feature a presentation by a lawyer on a legal topic of current interest and relevance to entrepreneurs and small business owners, with opportunities for participants to ask general questions of the presenters; and
Virtual “ask-a-lawyer” sessions that pair individual entrepreneurs and small business owners with lawyers for 45-minute advising sessions to address legal questions and concerns and provide legal information and resources.
The Appellate Practice Section of the North Carolina Bar Association is planning its annual CLE for June 2021. The Section’s CLE committee is currently assembling the program for the CLE. In the interest of making the program as relevant and actionable as possible for members of the Section and the bar, the committee invites your input on potential topics and speakers. If you have suggestions about topics you would like to see covered or speakers you would like to hear from, or if you are interested in presenting on a particular topic yourself, please contact the co-chairs of the CLE committee — Jonathan Ellis ([email protected]) and Erik Zimmerman ([email protected]) — who would welcome your ideas.
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Paraphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered.
Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice tips. Ponder with them over issues you may not yet have encountered or may want to learn to handle more proficiently.
A pair of sections (Administrative Law and Government and Public Sector) have pulled together a positively praiseworthy CLE for you. Examples of issues that pop up just in the CLE papers include (paraphrasing):
* Lurkers in public meetings online
* Policy-making as to which political bodies, like local government-appointed boards, pose problems for budgets for remote meetings
* Policing models – Problem Oriented Policing as one possibility
* Preparing for public access and signage
Protect yourself and your clients by participating in this virtual webinar on November 20, 2020. Pick up 6 hours of CLE credit as you parley a little time into proficiency. Register ASAP! You’ll regret it if you don’t. Peruse the particulars and register here.
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Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
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By Tom Hull
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