Thanks to social distancing mandates, teleconference platforms have experienced a huge surge in site traffic as new users around the world participate in telehealth, telework, and many other teleservices that have now been transitioned online.[1] As virtual capabilities become more important to our daily lives than ever before, now is also the time to focus on the importance of our daily digital hygiene by gearing up with VPN and encryption services in the same way as we do with our masks and gloves.
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We know better than most how great a disruption the COVID-19 pandemic has caused to the legal system. Trials have been postponed indefinitely, motions are just starting to be heard remotely, and how we connect with, advise, and counsel our clients is so very different than it was just two months ago.
While we litigators want the courts to open up as soon as is safely possible, the reopening of the Courts carries a whole different significance for many North Carolinians. For many in our state, the reopening of the courts—particularly the Small Claims Court—represents the moment when they must face the reality of eviction proceedings stemming from an inability to pay residential rent due to the impact of COVID-19 on their personal financial situations.
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Some time has passed since the initial flurry of court orders modifying deadlines, postponing in-person hearings, and setting guidelines for remote hearings. In an attempt to stay up to date with the latest orders and announcements from the state and federal courts within North Carolina as those courts begin to contemplate reopening, here is a compilation of the most recent items within each jurisdiction. A high-level summary is included below each order, but the specific language of each order should be carefully reviewed alongside any additional orders issued by a presiding judge in a particular case.
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Sarah Clark has joined Skufca Law, PLLC located in South End Charlotte. Sarah joins the family law team at Skufca Law focusing her practice on child custody, child support, post-separation support/alimony, and equitable distribution matters. She holds a bachelor’s degree from Wake Forest University and a Juris Doctorate from Campbell Law School.
Brian Lagesse has joined the Durham office of NC Eminent Domain Law Firm. His area of practice is eminent domain law. Before practicing in this area, he represented clients in matters of complex real estate as the leader of another firm’s N.C. Title Resolution Department. He received a bachelor’s degree in Business Administration from Baylor University, and prior to attending law school, he worked for a Department of Defense aerospace contractor as a project manager. Lagesse holds a Juris Doctorate from Regent University School of Law and a Master of Laws from Duke University School of Law.
Bobby Robinson has joined the Charlotte office of Nexsen Pruet, and he practices in corporate and intellectual property law. Other areas of expertise include business disputes, corporate law, real estate law, start-ups, and mergers and acquisitions. Robinson has experience assisting clients in matters of business transactions and corporate contracts. Before Nexsen Pruet, he founded a boutique law firm and a legal technology company. Bobby earned a Juris Doctorate, cum laude, from Charlotte School of Law. He also holds a Master of Public Administration, magna cum laude, from Columbia Southern University, and a Master of Business Administration/Finance, cum laude, from Everest University.
These are tough times. We have been forced to deal with the uncertainty and disruption surrounding this public health threat. Some of us have lost a loved one without the opportunity to communicate with them or publicly celebrate their lives. We deal with our clients’ stress and the financial stress this has caused. The Chief Justice issued emergency orders necessary to protect our health and safety and that of our clients and court personnel. Our practices have slowed to a crawl, and we are nostalgic about interminable calendar calls because of a bat bite in China. What is next?
Chief Justice Beasley appointed a Task Force to recommend how and when she should ramp up operations in the North Carolina Judicial Branch during this pandemic. She appointed me to represent the family lawyers. Prior to accepting this job, I secured a pledge for assistance from the leadership of the Family Law Section and the North Carolina Chapter of the AAML. I need your help to represent you effectively. Here is how I am representing you and how the Task Force operates.
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As we all process the ongoing events related to the Covid-19 pandemic, one source of comfort is knowing that helpers, like first responders, healthcare workers, and so many others, are doing the impactful work they’ve always done – saving lives.
Lately, their works seems particularly meaningful and dangerous, but they have been heroes since long before this pandemic.
Another one of the helpers out there is Yazmeen Gadalla. Gadalla, a corporate paralegal at Smith Anderson, has volunteered to help first responders at multiple Wills for Heroes events, and the NCBA Pro Bono Committee is very grateful for her work.
Wills for Heroes is a North Carolina Bar Foundation program that provides essential legal documents like wills, living wills, and powers of attorney to North Carolina first responders free of charge. Gadalla is a North Carolina Certified Paralegal and a Notary Public and helps notarize documents – many of which require not only a Notary, but multiple witnesses – to ensure the first responders receive valid estate planning documents. NCBA Pro Bono Committee member Rachel Royal says that Gadalla has even gone out of her way to volunteer at Wills for Heroes events that are out of town and required her to travel.
During these uncertain times and the impacts of COVID-19, many people are left with questions and a lack of resources to find answers. The Construction Law Section has an opportunity to provide its knowledge and be a source for those with these needs.
The North Carolina Bar Foundation now has three COVID-19 Virtual Legal Hotlines scheduled, and we have been invited to participate in any or all of them:
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The NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how he is overcoming these challenges.
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On May 28, 2020, at 4 p.m., the NCBA Workers’ Compensation Section is hosting a free brief presentation/informal discussion and social hour on the topic of “Zoom” mediations. Ketan Soni will be giving a brief presentation on video conference mediations and the Zoom application. Ketan is an attorney in the Charlotte area whose practice focuses on mediations and family law. Ketan has a special interest in technology in the legal world and has developed substantial acumen in video conference mediations.
In preparation for this meeting, we are posting below a brief survey regarding Zoom mediations. We welcome the Section’s feedback to help focus the discussion and make it as worthwhile as possible for all in attendance. We look forward to seeing everyone then!
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The N.C. Supreme Court established the Chief Justice’s Rules Advisory Commission in September 2019 to monitor the N.C. Rules of Civil Procedure and General Rules of Practice. The Commission’s work currently focuses on recommendations for rule changes necessary for a statewide e-filing and case-management system, set to roll out over a five-year period beginning in 2021. NCBA President-Elect Mark Holt serves as one of the practicing attorneys on the Commission along with representatives of the Judicial Branch and at-large members.
The Commission is considering a relatively limited edit of Rules 3 and 5 of the Rules of Civil Procedure to allow filing and service through the electronic filing system. In a recent meeting, there was discussion of an additional potential edit of Rule 5 to allow service by email. Service by email has been authorized by Emergency Directive 6 of the Chief Justice’s April 2, 2020 order addressing the COVID-19 outbreak. The rule edit being considered by the Commission would extend authorization of service by email beyond the time period addressed by the Chief Justice’s order. Additionally, there was some discussion about the possibility of also eliminating service by facsimile.
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By Jaren Butts and Nickeyea Wilkinson 
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Brian Lagesse has joined the Durham office of NC Eminent Domain Law Firm. His area of practice is eminent domain law. Before practicing in this area, he represented clients in matters of complex real estate as the leader of another firm’s N.C. Title Resolution Department. He received a bachelor’s degree in Business Administration from Baylor University, and prior to attending law school, he worked for a Department of Defense aerospace contractor as a project manager. Lagesse holds a Juris Doctorate from Regent University School of Law and a Master of Laws from Duke University School of Law.
As we all process the ongoing events related to the Covid-19 pandemic, one source of comfort is knowing that helpers, like first responders, healthcare workers, and so many others, are doing the impactful work they’ve always done – saving lives.
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