Diversity, Equity, & Inclusion (DEI) Series: A Note on Working with Older Adults and Clients with Diminished Capacity

Allison Thomas

Niya Fonville

By Allison Thomas and Niya Fonville

Social isolation creates an increased risk for elder abuse.[1] Thus, with the emergence of the pandemic and with the number of elderly individuals in our society, lawyers may experience an influx of elderly clients. It’s important to note at the onset that not every elderly client will have diminished capacity. You should always assume that adults, regardless of their age, have capacity. The purpose of this blog post is to help lawyers navigate a client relationship with elderly clients who experience a decrease in cognitive abilities.

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Law Day 2021 – Advancing the Rule of Law Now

By Sidney A. Thomas 

The Law Week and Liberty Bell Committee hosted Law Day on Friday, May 7, 2021! It was a wonderful event with many legal professionals and students in attendance. The Committee is excited to announce the winners of each competition:

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And the Winner is . . .

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By Joshua McIntyre

I’ve been to six North Carolina Bar Association Annual Meetings, and we’ve had some amazing activities that attracted a lot of members. There have been historic riverboat tours along the Cape Fear, tubing expeditions down the French Broad, Land Rover cruises at Biltmore and private showcases of the Hendrick Motorsports Museum. But in the end, there is one activity that always brings the most excitement along with a flood of participants every time – the door prizes!

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Induction of Glenn E. Ketner Jr. into the 2020 NCBA Legal Practice Hall of Fame

By his nominator and son, Glenn “Bo” E. Ketner III

Glenn has had an extraordinary legal career of almost 58 years, nearly all of it in Salisbury, and he maintains a thriving practice that encompasses estate planning, real estate and land use/zoning, among other areas. He is well known to clients and his peers in Rowan County and across the state as an expert in these practices, and as someone who can solve difficult problems.

Susan and Glenn E. Ketner Jr.

Beyond his continuing practice, my father has made an extraordinary number of contributions of his apparently boundless energy, his expertise and his fine judgment – three essential qualities of a great lawyer – to the legal profession and to the broader community in Salisbury and North Carolina. A list of these efforts (and the various awards deriving from all of his service) would take too long to catalog, but it includes leadership service to the North Carolina Bar Association, service to educational institutions local and global in reach, and devoted service to his hometown of Salisbury.

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YLD e-Blast: May 2021

Christina Cress

Claire O’Brien

By Christina Cress and Claire O’Brien

Dates to Know

June 3 | Candid Conversations with Diverse Attorneys (Law Student Event) | 5 p.m.
June 10 | Virtual Summer Cocktail Class and Happy Hour | 5:30 p.m.
June 16 | Summer Quarterly Council Meeting and Annual Meeting | 4 p.m.
June 17-18 | NCBA Annual Meeting

Committee and Section Updates

Law Student Outreach Committee – Grab a Coffee Program

The Law Student Outreach Committee is hosting a mini summer relaunch of the Grab a Coffee Program (“GaC”). The program will continue to be virtual until further notice. Volunteer attorneys are needed to meet with current law students at a time convenient for both parties. If you have signed up during a previous launch, you will need to sign-up again. This is a great opportunity to connect with a law student and pass on valuable insight you may have about succeeding in law school, passing the bar exam, or entering the practice of law. GaC is a one-time, 30-minute commitment, but it could have a lasting impact on a student! If you would like to volunteer, please fill out this form (law students can sign up here until May 21). Volunteers will be notified by email with more information once they are paired with a law student.

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John R. “Buddy” Wester Receives The Advocate’s Award

By Rick Conner

The Litigation Section is thrilled to be able to recognize John R. “Buddy” Wester as the 13th recipient of The Advocate’s Award. Wester, who served as president of the North Carolina Bar Association in 2009-2010, was recognized at the annual meeting of the Litigation Section on May 18, 2021, conducted via Zoom. You can view a recording of the award presentation here (Passcode 2L02D+ws).

John R. “Buddy” Wester

Russell Rawlings wrote a wonderful article about Wester for North Carolina Lawyer, and that story can be found here.

The Advocate’s Award is presented by the Litigation Section as merited to recognize members who are the “superstars” of our Bar, and recognizes litigators who 1) have the highest ethical standards; 2) have shown great skill and ability as litigators/trial lawyers and commitment to the very best work product; 3) demonstrate a true commitment of service to clients; 4) demonstrate a respect for and love of the law; 5) are held in the highest regard by both bench and bar; 6 ) are dedicated to the community and the bar with a track record of pro bono or volunteer service; and 7) serve as an example of how to effectively balance both outstanding professional performance and other life endeavors. Read more

NCBA Bankruptcy Section Presents Pro Bono and Lifetime Achievement Awards

On May 12, 2021, the Bankruptcy Section convened virtually to recognize two exceptional attorneys for their contributions to the practice. The 2020 Outstanding Achievement Pro Bono Award was presented by the Pro Bono Committee to Heather Culp. The 2020 Lifetime Achievement Award was presented by the Lifetime Achievement Award Committee to W.B. “Ben” Hawfield Jr. The below comments are adapted from the comments of Tyler J. Russell, who presented the Pro Bono Award on behalf of the Pro Bono Committee, and Ashley Rusher, who presented the Lifetime Achievement Award on behalf of the Lifetime Achievement Award Committee. Read more

Legislative Update

By Brian W. Byrd

I hope this message finds each of you well and enjoying professional fulfillment in your law practice. I expect that many of us would say that the prior year has been among one of the most unusual, and perhaps trying, of our lifetimes. Although probably not at the top of our list of challenges wrought by the COVID-19 pandemic, I am sure that most of us have missed gathering with our colleagues at in-person CLE programs and other section activities. As we head towards a full reopening of society and commerce, which I hope will include in-person meetings and gatherings in the not-too-distant future, I would like to make sure that our section members are aware of several pending bills in the General Assembly of interest to real estate practitioners so that you may provide feedback to your representatives as you see fit. This legislative session is particularly busy with impactful legislation for real estate lawyers, and this message will touch upon only certain significant bills: Read more

Checking In: May 18, 2021

Compiled by Jessica Junqueira

Nelson Mullins Riley & Scarborough LLP Announces New Partner

William S. Smoak Jr. has joined Nelson Mullins Riley & Scarborough LLP as a partner in the firm’s Charlotte office. Smoak is a corporate attorney who represents clients in a variety of mergers and acquisitions and general corporate activities. He graduated with a J.D. from Duke University School of Law, where he was a member of the Order of the Coif. Smoak received a B.A., magna cum laude, in history from Davidson College.

 

Williams Mullen Welcomes Alexander Gormley

Alexander M. Gormley has joined Williams Mullen. Gormley, an attorney in the firm’s Litigation Section, will practice in the Raleigh office. Gormley has more than 10 years of experience as a litigator. He has experience in complex commercial litigation, professional liability, ERISA and employment law. Gormley obtained a J.D., summa cum laude, from the University of Maryland School of Law and a bachelor’s degree, summa cum laude, from the University of Pennsylvania.

 

Rylee Dillard Returns to Willson Jones Carter & Baxley

Willson Jones Carter & Baxley announced that Rylee Dillard has returned to the firm’s Charlotte office. Dillard’s practice areas include workers’ compensation defense and liability litigation defense. She graduated with a J.D. from the University of South Carolina School of Law and a B.A. in political science from the College of Charleston.

 

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Yes, There is a Positive Side to Occupational Licensing – A New and Helpful Resource

By Ann Wall

If you have practiced administrative law in the last ten years, you know about the movement to deregulate occupational licensing. You have heard the many “licensing – bad, deregulation – good” arguments. Until now, there has not been an accessible legal resource for the opposite approach, “the licensing is good for society” side of the argument. Indeed, that side of the argument was often and publicly disparaged.

Thanks to Jeff Gray, longtime Admin Law Section member and former Section Chair, his new Campbell Law Review article changes that:

In Defense of Occupational Licensing: A Legal Practioner’s Perspective.  

This article should be a “must read” for all administrative law practitioners. It includes actual research results as well as a history of occupational licensing and opposition to it. It addresses and counters each of the arguments of occupational licensing opponents.

Jeff has 20 years of experience representing and advising occupational and professional licensing boards, as well as licensees of the boards. That practical experience shows throughout the article, undergirding  and enhancing the usual law review footnotes and citations.  Jeff’s personal, experience and research-based comments make the article useful and easy to read.

I recommend that you take the time to read this article.