It’s that time of year again when we sit around the table with friends and family giving thanks for the time we share, the food to be eaten, and the memories we cherish.
I want to share a tradition in my household which I started when my husband and I bought our first house. We actually saw this on a show when we were dating, so we decided to start that tradition in our household. After you all settle down in your seat and before you begin digesting the 12 lb. turkey and all the fixings, each person looks to the person on their right and says one thing they are thankful for about that person. You go all around the table until the last person reaches you. It’s amazing the beautiful things that someone acknowledges about you. I love it when the kids have their turn, and believe me, they certainly have an imagination. You will laugh, cry, and be amazed. You won’t be disappointed.
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.pngParalegals2019-11-18 10:09:342019-11-19 11:58:23Happy Thanksgiving 2019 | A Note From the Chair
In October, I organized a local event in Raleigh after falling in love with the book, Mommy Lawyer. As a mom of an energetic 19-month old, I was all too familiar with the guilt of missing out on parts of his life due to a busy litigation schedule. Once I read Molly’s book I knew that this powerful message needed to be highlighted and celebrated. Molly’s book highlights the real-life struggles many lawyers face, including missing out on big moments, class parties, or getting home after bedtime.
I came across this book when looking for books for my office library for my clients and their children. Below is a list of children’s books that may be a good start for your office library!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2019-11-18 09:14:062019-11-19 11:56:49The Power of Books: The Creation of a Law Office Library
October 2, 2018, COA 18-93 (third party custody, standing)
Mother and Father were separated and had an informal custody schedule wherein the children lived with Mother and visited with Father. Plaintiff and Mother were in a multi-year relationship and during that relationship, Mother asked Plaintiff to act as a second Mother to the children. Plaintiff acted as a second mother for about 7 years, taking on all of the responsibilities a parent would take on. When Plaintiff and Mother broke up, Plaintiff attempted to communicate with Mother about seeing the children, but Mother refused to respond. Finally, about a year after the breakup, Plaintiff initiated a custody action against Mother and Father. Neither Mother nor Father filed an Answer and neither responded to Plaintiff’s request for admissions. Partway through the temporary custody hearing, Mother and Father filed a motion to dismiss Plaintiff’s complaint for lack of standing. The trial court took limited testimony before ruling on the motion to dismiss but would not allow Plaintiff to present all of her evidence against the motion. The trial court dismissed Plaintiff’s claim, in part because the trial court felt that at the time Plaintiff filed her complaint, she did not have the requisite relationship with the children. Plaintiff appealed to the Court of Appeals.
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Choice of law is often an important issue in insurance coverage disputes. Both policy holders and insurers will argue for application of the law of a State that they deem most favorable to their position. Judge Gale of the Business Court recently had an opportunity to consider that issue in American Realty Advisors, et al. v. Lexington Insurance Company, et al., No. 18CVS5171, Wake County.
The Plaintiff in American Realty Advisors owned property in Cary, North Carolina. Four insurers, including Lexington, provided coverage for the property.
Construction of the property was completed in early 2007, and the plaintiff purchased the property shortly before construction was complete. Upon purchase of the property in 2007, it was covered by a 2006-2007 “All Risk” commercial property insurance policy from Lexington, as well as substantially similar follow-form excess policies, combining for a total of $25 million in coverage. The 2006-2007 policies – – which were the policies at issue in the case – – did not include a mandatory choice of law provision. The policies for the following years did include a mandatory choice of law provision, providing for the application of California law.
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What I am thankful for? It’s easy to look around me and see a wonderful life. I have a safe and secure home, with a husband and son that love me. I am rich with friends who support, love and encourage me. I have a great job with a firm that appreciates my contributions to my team and supports me personally and professionally. I am an active member of a thriving church that allows me to practice my faith through music and service to my community. I am offered many volunteer opportunities and serve on boards with people that help me see the bigger picture of life. These are all easy things that I should be grateful to have every day. What else in my life is there to be grateful for?
I am grateful for the days when I struggle. These days teach me that I have to get up every day with the mindset to work hard and believe in myself. I changed firms this year, and for the first few months I was overwhelmed with learning the new cases and how to work within them. Almost a year later, I am happy and fulfilled. Those moments of insecurity propelled me to put my head down and work. I have learned to lean into the uncomfortable moments, because on the other side of them is a blessed feeling of accomplishment.
Are you looking for a pro bono opportunity where you can use your tax expertise? The NCBA Tax Section is looking for tax attorneys to train selected military personnel to be tax return preparers through the Military Volunteer Income Tax Assistance (VITA) Program.
The Military VITA Program is designed to assist US military personnel with preparation of federal and state tax returns and thereby save US military families the cost of tax return preparation and, in many instances, receive tax refunds. Many US military families are unfamiliar with federal and state tax requirements and how to file a complete and accurate tax returns and, accordingly, need help in preparing their personal income tax returns.
By Ann B. Wall ALJ Augustus B. (Butch) Elkins II officially retired from the Office of Administrative Hearings on September 30, 2019. This article, based on an interview before his retirement, will offer answers to some interesting questions.
What kinds of legal experience did Judge Elkins have that qualified him to serve as an ALJ?
Judge Elkins’ legal career began in the military, where he served from 1979 to 2001, first in the U.S. Air Force, ultimately retiring as a Lieutenant Colonel from the Air Force Reserve. In the course of his military career, he handled a variety of administrative law related matters, including employment, environmental, health and mental health law, as well as serving as legal advisor on investigations. He gained extensive hearing officer experience while conducting Article 32 investigations and hearings, including ruling on motions and submitting findings and recommendations regarding possible courts martial.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-11-14 14:28:462019-11-14 14:29:39Looking Back, Learning from a Recently Retired Administrative Law Judge
Did you know when you join the Sports and Entertainment Law Section (“SEL”) of the North Carolina Bar Association, you gain access to our membership directory? Our membership consists of lawyers who represent sports and entertainment clients, serve as counsel to organizations engaged in the multi-billion-dollar sports and entertainment industry, and wish to broaden their practices to include the sports and entertainment area. As you can see, this membership directory tool can be very useful to start making connections. In the directory, it lists the attorney’s or law student’s name, firm or company, address, phone number, and email address.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-11-14 11:24:582019-11-14 11:35:37Did You Know You Have Exclusive Access to our Membership Directory?
COMMITTEE AND SECTION UPDATES Bar Exam Committee: The Bar Exam Committee is looking for volunteers! As we gear up for the February 2020 Bar Exam, we are asking members of the NCBA to sign-up to be mentors to students studying for the upcoming Bar Exam. If you are willing to sign-up as a mentor for the February 2020 Bar Exam session, please fill out the form here. If you have questions about the program, please contact Marissa Meredith or Leila Hicks.
Civic Engagement Committee: The Civic Engagement Committee of the YLD will be hosting a “Pathway to the Judiciary” Panel on December 11, 2019, from 6:00 to 8:00 PM at the Bar Center in Cary, featuring the following jurists: Court of Appeals Judge Allegra Collins, Fmr. Supreme Court Justice Bob Edmunds, Fmr. Court of Appeals Judge and Supreme Court Justice Robert N. Hunter, Jr., NC Admin. Law Judge Melissa Lassiter, Superior Court Judge Paul Ridgeway, and Fmr. Court of Appeals Judge Linda Stephens.
By Tina Dadio 
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By Ann B. Wall