Notarization During the COVID-19 Crisis

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Laura Linfante

Pam Deeds Stewart

By Lori Linfante and Pam Deeds Stewart

The COVID-19 crisis has not affected the Notary law in North Carolina. However, the NC Secretary of State’s Office has issued guidance on how to comply with the in-person appearance requirements in this time of practicing social distancing. Some steps that can be taken to reduce exposure to the Notary and the principal (“signer”) are the same as the recommended COVID-19 precautions we should all be practicing such as not shaking hands, cleaning your hands often, cleaning and disinfecting frequently touched surfaces and keeping a 6-foot distance from others. Specific suggestions when notarizing documents are to not share pens (ask the signer to use their own pen), viewing the identification from the tabletop instead of touching the identification, and standing at the opposite ends of a long conference table. Some firms are offering curbside notary services or other outside options as ways to keep their employees and clients safe. These Notary challenges will be increased for parties that reach an agreement while they are participating in a mediation conducted via electronic means. It will be a process of getting the documents to each party at their location and then having them signed and notarized.

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Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!

Michele Livingstone

Will Quick

By Michele Livingstone and Will Quick

Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.

Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.

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Report from Real Property Section Council Meeting

By Brian Z. Taylor

Real Property Section Members,

I hope that you are managing well in this COVID-19 world we find ourselves in today. It is an understatement to say that it has definitely changed our lives and had drastic effects on how we conduct our law practices and businesses. I want to let you know that your Council and NCBA leadership have been working diligently with other groups involved in the real estate industry to help keep us “open for business” and develop alternatives that may be necessary to allow that to happen. The Council held a special call in/Zoom meeting this past Monday to discuss and strategize on what is happening and what may need to happen.

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Pro Bono Opportunity From Home

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By Sarah Schtakleff 

As we all search for ways to help others during this difficult time, consider volunteering your legal skills on NC Free Legal Answers. See more information below on this opportunity as well as other resources, some of which were included in your weekly e-bar email.

NC Free Legal Answers: Pro Bono From Home

The NC Bar Foundation’s web-based program NC Free Legal Answers facilitates remote pro bono legal services to North Carolinians. Help low-income individuals by answering their brief family, housing, employment and consumer law questions. A growing number of COVID-19-related questions are being posted, including questions about custody rights under stay-at-home orders and rights to recover pre-paid daycare payments due to closures. Attorney volunteers are needed and registration is easy. Contact NCBF Pro Bono Staff Attorney Jeanine Soufan if you have any questions.

As a reminder, the NCBA provides resources to support members in various ways:

  • COVID-19 Updates and Resources
  • BarCARES focuses on improving the mental health and overall quality of life for NCBA members, local bar groups, and law students, offering no-cost assistance in dealing with personal, family, financial, work, and career stressors. Visit BarCARES online or call 800-640-0735 to arrange a telehealth or telephone appointment.

IC Update Regarding COVID-19 Response

By Eleasa Allen

Below is the most recent update from the Industrial Commission relative to COVID-19. This information was posted to the Industrial Commission website to address some questions received from attorneys about the current filing deadlines.

COVID-19 Response: Industrial Commission Filing Deadline Policy

The Industrial Commission has received some inquiries from attorneys regarding its current filing deadline policy. At this time, the Commission has not granted an automatic, blanket extension of filing deadlines for the following reasons:

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What Language Does Your Law Firm Speak?

By Chelsea Gajewski

One of the beautiful things about this Country is all of the unique individuals who live in it. While the most common language in America is English, there are individuals who speak other languages who need our services as family law attorneys. We want the family law community to be as accessible to those individuals as we are to those who speak English. After English, the most common languages spoken in North Carolina are Spanish, French, and German. With that being said, the Membership Committee has created a survey for law firms who practice in the area of family law. The survey includes questions that will help us to identify which legal professionals have the ability to assist non-English speaking clients through their domestic case. If you or someone at your firm speaks a language other than English, we want to know! Ultimately, once we collect this information, we intend to provide a comprehensive list on the NCBA website as a resource for those clients who are seeking domestic help and for whom English is not their first language. The link to the survey is here.

If you have an idea of a different resource list that should be available on the NCBA website for our domestic clients, please e-mail me at [email protected].

Thank you
Gracias
Merci
Danke

Chelsea Gajewski

Coronavirus Updates and Resources for Parents and Students

By Jen Story

Update: Since this compilation of updates and resources was published last week, new guidance has been released by the US Department of Education and Governor Cooper has issued a second executive order extending school closures. Legal Aid staff are in communication with state officials about these changes and will have updated information and more practical tips posted to the website below by the end of this week or early next week.  Please continue to check back!

Legal Aid of North Carolina has put together a resource with summaries of Coronavirus updates related to students’ access to school. Specifically, we included updates and tips related to:

  1. school closures;
  2. educational access for students while schools are closed;
  3. educational access for special education students while schools are closed;
  4. student nutrition services while schools are closed;
  5. student privacy rights related to the COVID-19 outbreak;
  6. general federal and state resources; and
  7. miscellaneous resources for students and families.

Much of this is and will be in flux in the coming weeks, and so we plan to monitor things closely and will update the guide on an ongoing basis as we receive updated information. To that end, people should continue to check back for updated information.

Notarization During the COVID-19 Crisis

Laura Linfante

Pam Deeds Stewart

By Lori Linfante and Pam Deeds Stewart

The COVID-19 crisis has not affected the Notary law in North Carolina. However, the NC Secretary of State’s Office has issued guidance on how to comply with the in-person appearance requirements in this time of practicing social distancing. Some steps that can be taken to reduce exposure to the Notary and the principal (“signer”) are the same as the recommended COVID-19 precautions we should all be practicing such as not shaking hands, cleaning your hands often, cleaning and disinfecting frequently touched surfaces and keeping a 6-foot distance from others. Specific suggestions when notarizing documents are to not share pens (ask the signer to use their own pen), viewing the identification from the tabletop instead of touching the identification, and standing at the opposite ends of a long conference table. Some firms are offering curbside notary services or other outside options as ways to keep their employees and clients safe. These Notary challenges will be increased for parties that reach an agreement while they are participating in a mediation conducted via electronic means. It will be a process of getting the documents to each party at their location and then having them signed and notarized.

Read more

The Secretary of State’s Office Will be Closed to the Public

The North Carolina Department of the Secretary of State will be closing its buildings to the public, effective March 20 at 4 p.m. until further notice in response to state and federal guidelines on social distancing to stem the spread of Coronavirus. This will affect the downtown Raleigh facility at 2 South Salisbury Street and the office at 4701 Atlantic Avenue in Raleigh.

“Given the small size of our lobby downtown and the large amount of foot traffic from the public, we’re closing the building to the public to comply with the Governor’s Executive Order prohibiting large group gatherings and protect the health of our staff and the public we serve,” said North Carolina Secretary of State Elaine F. Marshall on Thursday. “While we are physically closing our doors to in-person service for the time being, our staff will continue serving the public. Most of our services can be conducted online and over the phone. I urge our customers to submit their documents to us online at sosnc.gov and continue calling us at 919-814-5400 with their questions.”

The public can also reach out to the North Carolina Secretary of State’s Office on social media, at @NCSecState on Facebook and Twitter, and can find specific division email addresses on the N.C. Secretary of State’s Office website at sosnc.gov.

Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!

By Will Quick

Chair, Litigation Section Pro Bono Committee

Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.

Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.

Read more