As a tumultuous 2020 nears to a close, there has never been a better time to give back to those who are most in need. One way to give back is to share your legal expertise through current and upcoming NCBA pro bono opportunities, a few of which we have highlighted below.
We hope you will help us carry on our Section’s strong tradition of supporting and participating in pro bono and community service activities as we move together into the new year.
Thank you for considering these worthwhile projects.
Members of the Sports & Entertainment Law Section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL members.
Family law is not an area that many attorneys feel neutral about. Most people either love it or won’t touch it if given the choice. The crushing stress that most family law clients are under and the ways in which that stress manifests itself mean that family law attorneys have to approach their cases differently than other types of lawyers.
Any experienced family law attorney knows that it’s not enough simply to provide clients with legal advice and solutions. Instead, to be effective, family law attorneys need to help their clients to see the practical day-to-day and long-term implications of their legal options all while their clients are muddling through one of the toughest times in their lives. This is no easy feat.
If you do any type of Zoom meetings with multiple people on a regular basis, go do an update right now. Why? There is a new feature that allows you to move the video tiles in whatever configuration you want.
This doesn’t seem groundbreaking, but it is. To improve your Zoom meetings, you can now move the video tile of the person you’re speaking to right below your video camera. If you do this, it will appear as if you are talking directly to the person, instead of looking “to the side.”
I’ve done countless Zoom meetings since March, and one of the major irritants is if someone is looking “down,” or “to the left,” or “to the right” in a meeting. The other person isn’t doing that on purpose, but they are talking to a video tile in an inconvenient place!
Try this and report back on how it goes. Zoom away, folks!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2020-12-10 12:06:172020-12-10 12:06:17Zoom Update Offers a New Feature
Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and association.
Each month we select one amazing paralegal from among our membership and ask them to share a little about their personal and professional life. Join Paralegal Spotlight as we learn more about member talents, skills, personal and professional goals, technology tips, accomplishments, volunteer work, and more.
The North Carolina State Bar’s Rules of Professional Conduct mandates attorneys in this state to uphold a duty of competence in their practice. Under Rule 1.1, competence in representation “requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary.” Competent and zealous representation for an attorney’s clients is of highest priority. Monitoring changes in case law and the broader legal landscape is imperative to maintain this knowledge and skill.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Privacy and Data Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPrivacy and Data Security2020-12-09 11:16:352020-12-09 11:28:55Reconciling Emerging Technologies with North Carolina’s Duty of Competence
The Supreme Court has amended three rule sets affecting mediation in North Carolina as of November 23, 2020, which you can review by clicking here. Briefly:
1) Superior Court rules regarding excusing attendance have been modified;
2) Family Financial mediation rules regarding who must attend, the ability to hold remote mediations, and excusing attendance have been modified;
3) Clerk Mediation rules regarding excusing attendance have been modified.
Finally, there has been much ado about the recently published case Mitchell v. Boswell.Click here if you’ve been out of the loop.
We’ve all been there: you’ve been mediating all day, it’s 5:30 p.m. (or later), the parties just (finally) came to terms, and everyone is ready to go home. The mediator whips out a form, jots down the basic terms of the settlement, and hands you the form. You reach for your pen, and then ask yourself, “Shouldn’t my client be the one signing this?” Considering the increase in remote mediations since the start of the pandemic, there’s a good chance you and your client aren’t even together in the same room — or the same state. So do you sign? The North Carolina Court of Appeals just answered that question for you. After the decision in Mitchell v. Boswell, No. COA19-1077, 2020 WL 6437278 (N.C. Ct. App. Nov. 3, 2020), your client should definitely be the one signing the form.
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.pngConstruction2020-12-09 09:04:432020-12-09 09:11:02Don't Sign on the Dotted Line – Unless You're the Client
We have all experienced the dread of another Zoom meeting or Webex hearing, but why is it so hard to keep your energy and attention up when the webcam light is on?
And why are we so exhausted at the end of the day?
Before you step in front of the webcam for your next court appearance, it helps to consider some of the “digital drawbacks” and how you can minimize their impact on your advocacy.
Digital Drawbacks
Audio-visual delays. Even if the technology is working perfectly, microseconds of delay can impact how we communicate and how we are perceived. Research has shown that even small delays in the transmission of auditory and visual signals affect interpersonal perceptions. Delays of only 1.2 seconds led to perceptions that a person was less friendly or less focused.
Eye contact. We all know that it’s missing from our online interactions. It matters because there is robust psychosocial evidence that eye contact improves not only connection, but also memory.
Distractions. Going to court over Zoom or Webex is like walking into the courtroom with a giant mirror and placing it between you and the bench. It’s too easy to spend the entire time looking at yourself. Meanwhile, your listeners are facing their own struggles — kids, pets, coworkers, technology failures (or user errors), email notifications, and the temptation of multitasking.
“Zoom Fatigue.” We normally process non-verbal communications automatically. However, the small amount of non-verbal communication that makes it onto our screens must be consciously observed. That’s taxing. Added to that is the heightened stress caused by the increased emphasis on facial expressions and cues. This “cognitive load” (the use of working memory resources) means your mind will want a break more often than it did when everyone gathered in one place. Read more
E.D. Gaskins, Chair Hall of Fame Nominating Committee
The fall meeting of the Senior Lawyers Division, which took place on October 2, 2020, was highlighted by the induction of five new members into the NCBA Legal Practice Hall of Fame: Marshall Gallop Jr. of Rocky Mount, Judge Robert C. Hunter of Marion, Glenn Ketner Jr. of Salisbury, Pender McElroy of Charlotte, and Kenneth Moser of Winston-Salem. Both the inductees and their nominators made remarks.
This was the first (and, I hope, the last) virtual induction ceremony. This is the 32nd class of honorees since the inception of this recognition of a lifetime of exceptional practice and service to the profession and to the communities in which these honorees have practiced. The Selection Committee was pleased to have had a large number of well-qualified candidates from which to choose. This is the second year since the practice qualification for membership in the Hall of Fame changed from general practice to legal practice, thus increasing the number of potential nominees.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Senior Lawyershttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSenior Lawyers2020-12-07 11:46:562020-12-07 11:47:42Five New Hall of Fame Members Honored in Virtual Induction Ceremony
By 
By 
By 
By 
By 
By 
E.D. Gaskins, Chair