The YLD’s Law Student Outreach Committee is continuing its flagship Grab-a-Coffee Program (“GaC”) during the spring academic semester. GaC is a statewide program that pairs law students with practicing attorneys based on their practice area(s) of interest. Discussion topics may include the attorney’s path to their current employment, what the practice is like in the attorney’s current areas of law, and any general advice the attorney may have for the student.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2022-01-21 09:37:522022-01-21 09:37:52Searching for Volunteers for the Grab-a-Coffee Program – Spring 2022 Launch
Our Supreme Court notes “Equal Justice Under Law” on its building. Yet, access to this justice only truly exists when it is available to all members of our state, regardless of ability to pay. A failure to provide adequate legal services to those of modest means affects both the economic and social fabric of our society and does not adequately represent the principles of the profession to which we have been called.
Pro bono is one way for attorneys to help narrow the access to justice gap. We would like to capture your service and celebrate your pro bono work! We especially look forward to hearing about your pro bono legal services in 2021, including those provided through the North Carolina Bar Association and Foundation projects like Free Legal Answers, Wills for Heroes, and NC LEAP.
Each year, the North Carolina Bar Association recognizes members for their substantial contributions to pro bono service in North Carolina. The nomination deadline for 2021-22 NCBA Pro Bono Award recognition is February 18. Please consider nominating a colleague for pro bono recognition.
You can find more information and a nomination form here. These are the award categories:
William Thorp Pro Bono Service Award: Presented to an NCBA member attorney who practices in North Carolina and has provided substantial legal services, in excess of the aspirational goals of Rule 6.1, with no expectation of receiving a fee, to a client or client group that could not otherwise afford legal counsel. The nominee should have engaged in the direct delivery of legal services to clients or a client group over an extended period of time and those efforts should be ongoing. Nominees must not be employed on a full-time basis by an organization that has as its primary purpose the provision of free legal services to the poor.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2022-01-20 14:42:182022-01-20 15:05:56Nominate a Colleague for an NCBA Pro Bono Award
In September 2021, the North Carolina General Assembly passed, and Governor Roy Cooper signed into law, Session Law 2021-162 (House Bill 320), Part I of which includes amendments to the North Carolina Business Corporation Act (NCBCA) to authorize North Carolina corporations to conduct shareholders’ meetings entirely by means of remote communication without any requirement that a meeting be held in a physical “place.”[1] The practical impact of these amendments is to provide North Carolina corporations with greater flexibility in how they conduct shareholders’ meetings by better conforming the NCBCA with the Delaware General Corporation Law and the Model Business Corporation Act.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2022-01-20 12:10:592022-01-21 15:32:37Amendments to the North Carolina Business Corporation Act Permanently Authorize Virtual-Only Shareholders’ Meetings
Over the last twelve months, there have been a number of changes to the North Carolina Rules of Professional Conduct. The Ethics Committee for the NCBA Administrative Law Section has done a great job of compiling some important ethics changes in 2021. Some of the below ethics opinions and rules are applicable to those in private practice, while others may be more applicable to those who represent Boards or Agencies.
Responding to Negative Online Reviews – Adopted July 16, 2021
For those in private practice or those who represent Boards/Agencies, having a negative review online can substantially impact one’s public image. While we all would like to fully explain and defend ourselves against possibly misleading or untruthful statements, the State Bar of North Carolina prohibits discussing any confidential information regarding a client’s case when responding to a client’s negative online review. However, an attorney is not barred from responding to the review in a professional and restrained manner. Opinion #1 does state that the “[l]awyer may deny the veracity of the review, but lawyer may not use confidential client information to include a comment from the client regarding the lawyer’s services as well as some type of ‘rating.’” So, while an attorney may deny that a statement posted by the client is true, the attorney is prohibited from going into any detail as to why the attorney believes the client statement to be true.
I took a hiatus from all the wrong laws. Two main reasons: I wanted to give you all a break from my rambling, and I was paralyzed in figuring out which of the many aspects of the wrong laws I was going to talk about next.
Trying to figure that out was like trying to reach the end of a Moebius strip.
In any event, all the divorce laws are still wrong. A few more people responded to my last post on Equitable Distribution, and I was mostly right. That’s 3-0 “ish.”
Forty years ago, construction law in North Carolina was not much to speak of. “Construction law” as a practice area enjoyed only a slight existence, and you would have been hard-pressed to find a “construction attorney.” Now, when searching for construction attorneys online, you will find hordes of firms and individuals offering a helping hand. “Construction law” as we refer to it today encompasses a wide range of legal issues and services affecting the several participants engaged in developing, financing, designing, and building private and public construction projects.[1] So, how did we get here? I interviewed a number of experienced lawyers to tell us the story. Thank you to Richard Conner, Bob Burchette, and Fenton Erwin for dedicating time to tell the story.
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.pngConstruction2022-01-19 10:45:042022-01-19 11:43:06The Evolving Practice – Construction Law in North Carolina
The YLD Communications Committee, in conjunction with YLD leadership, is excited to announce that its 2022 Writing Competition, “Legal Visionaries,” is open as of today, January 19!
This year, we invite you to tell us how you envision the practice of law changing between now and when you someday retire. What potential change most excites you? Why is this change important? How will it come about? Changes could relate to diversity, technology, remote work, and more – the winning submissions will be creative, thoughtful, and specific. You may address one change in depth or discuss several potential changes. Entries can be fiction or non-fiction, and should be written in accordance with the rules set forth below.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2022-01-19 09:51:432022-01-19 12:45:48The North Carolina Bar Association’s Young Lawyers Division Announces its 2022 Writing Competition: “Legal Visionaries”
With Covid came a new chapter in most litigators’ lives: remote depositions. There are no doubt lovers and haters of this development, but there is also no doubt this technological development is here to stay. Accordingly, everyone needs to be aware that N.C. Gen. Stat. § 10B-25, which authorized “emergency video notarization” and opened the door to this practice, has expired. There does appear to be a workaround, however.
Originally set to expire in March of last year, the General Assembly modified the statute to extend to December 31, 2021. Unfortunately, the General Assembly adjourned before Omicron ruined all of our well-laid holiday plans (and perhaps your plans for returning to in-person depositions), and before they could pass legislation continuing a court reporter’s ability to swear in a witness remotely. If you haven’t been to the Secretary of State’s webpage in the last two weeks, you haven’t seen Secretary Marshall’s notice to the public on this: “Notice: The temporary Emergency Video Notarization Law expired on 12/31/21 at 12:01 am. ALL notarial acts, traditional and electronic, revert to the original law requiring in-person, physical presence by the principal or principals.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2022-01-18 11:13:352022-01-18 12:15:39What You Need to Know about Remote Depositions in 2022
Christina Cress has been named as partner with Bailey & Dixon, LLP. Cress has prior experience serving as a staff attorney at the North Carolina Utilities Commission. She practiced as in-house counsel to the North Carolina Board of Funeral Service, where she also served for a time as its Interim Executive Director. Cress received a J.D. from the University of North Carolina at Chapel Hill. Cress has been actively involved with the NCBA, serving on the NCBA Professional Vitality Committee, as a participant in the Leadership Academy (2019), and on the YLD Communications Committee (2020-21). She also holds an M.A. and a B.S. in business management from the University of Florida.
Bradley Arant Boult Cummings LLP Announces New Partners
Benjamin Milam is now a partner with the firm’s Charlotte office. He is a member of the Banking & Financial Services Practice Group. His practice is focused on policyholder insurance coverage, commercial auto liability, title remediation, and financial services litigation. Milam assists in resolving insurance coverage disputes and defends mortgage lenders and servicers. He holds a J.D. from the University of Virginia School of Law and a B.A. from the University of North Carolina at Chapel Hill.
Partner Jonathan Schulz is a member of the Litigation Group with the firm and also practices in the Charlotte office. Schulz represents clients ranging from individuals and family-run small businesses to public corporations. He advises clients on the dispute resolution process and litigates claims related to fraud, unfair and deceptive trade practices, breach of fiduciary duty, and more. He has represented clients in state and federal courts. He received a J.D. from the University of South Carolina School of Law and a B.A. from the University of North Carolina. Read more
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Benjamin Milam is now a partner with the firm’s Charlotte office. He is a member of the Banking & Financial Services Practice Group. His practice is focused on policyholder insurance coverage, commercial auto liability, title remediation, and financial services litigation. Milam assists in resolving insurance coverage disputes and defends mortgage lenders and servicers. He holds a J.D. from the University of Virginia School of Law and a B.A. from the University of North Carolina at Chapel Hill.
Partner Jonathan Schulz is a member of the Litigation Group with the firm and also practices in the Charlotte office. Schulz represents clients ranging from individuals and family-run small businesses to public corporations. He advises clients on the dispute resolution process and litigates claims related to fraud, unfair and deceptive trade practices, breach of fiduciary duty, and more. He has represented clients in state and federal courts. He received a J.D. from the University of South Carolina School of Law and a B.A. from the University of North Carolina.