New Kid on the Block (Pandemic Version)

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Kelly Carroll

Kelly Carroll

Linsay Boyce

Linsay Boyce

By Kelly Carroll, with assistance from Linsay Boyce

Psychologists refer to the place outside the comfort zone as a place of “optimal anxiety.”[1] Being a “new” attorney (whether practicing in a new jurisdiction or recently licensed) during a pandemic is more than being outside of your comfort zone; it is more like being in a panic zone.

Just before the pandemic began, I made the move from New York to North Carolina. Prior to moving to the Charlotte area, I lived in one zip code for 40 years. I commuted to college and law school. I worked in one office for 15 years. I was used to knowing my way around. I knew the court officers and clerks by name; I knew all the judges and their proclivities. I was friendly with most opposing counsel. I frequently attended social functions – retirement parties, holiday parties, and fundraisers.

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YLD e-Blast: February 2022

Claire O'Brien

Claire O’Brien

Michael Cohen

Michael Cohen

By Claire O’Brien and Michael Cohen

DATES TO KNOW

March 1-31 | Legal Feeding Frenzy
April 19 | Insurance Law, Workers’ Compensation and Young Lawyers Division Joint Networking Event | 5 p.m.

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February Update from the Real Property Section Chair

By Christina Freeman Pearsall

Dear Real Property Section:

The Real Property Section Council continues to work diligently on behalf of the section. Below is a summary of those efforts, as reported in our last Council meeting on February 8, 2022.

Return to the Vault Program

I, personally, am very excited about this new section program. The purpose of the program is to bring the section membership together via Zoom on a regular basis, recognizing that few of us go to “the vault” to search titles anymore and have lost that sense of community the more senior members of the section once had. We would like to bring that sense of community back, especially considering the social distancing and remote meeting requirements we’ve dealt with in the past two years. The meetings will have a stated purpose, usually educational (but no CLE credit will be sought), but sometimes maybe just for fun. We plan to have presentations roughly every month. We’ll skip May 2022 since we will have our Annual Meeting then. We may also skip summer months since many members take vacations then. We will seek sponsors to support the programming, so please consider being a sponsor.  Please also share program ideas with Matt Waters and/or me. A committee is being formed to plan these programs and Matt Waters will chair it.

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NCBA Small Firm &Technology Section Content Survey

By Erin Edgar and Shannon Lanier

Through our postings on the NCBarBlog, we strive to do our part to help the NCBA fulfill its mission of promoting the administration of justice and encouraging the highest standards of integrity, competence, civility, and the well-being of others in a very special way. We would like to hear from you, the Small Firm & Technology Section members, concerning ideas that you may have for items that we can discuss which will continue to fulfill this mission. To that end, we’ve provided a short survey which we invite you to complete, NCBA Small Firm & Technology Section Content Survey.

The deadline for the survey is Friday, March 11.

Thank you for your cooperation and your continuing efforts on behalf of the NCBA and the legal profession.

Erin Edgar and Shannon Lanier serve as the 2021-2022 Communications Co-Chairs for the Small Firm & Technology Section.

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Volunteer Remotely for the Charlotte Expunction Clinic

By Rachel Royal

On April 23, 2022, the Charlotte Expunction Project will hold another clinic at the Mecklenburg County Courthouse. This project is a partnership between the North Carolina Pro Bono Resource Center (PBRC), the SelfServe Center, the Mecklenburg County Clerk of Superior Court’s Office, the District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law. Due to changes in the law that may be temporary, the upcoming clinic will only offer expungement assistance for dismissed charges, Not Guilty charges, and youthful offender convictions. However, the number of clients the clinic will serve will expand by 33% over the previous event.

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Technology Tips for CM/ECF

By Shelley K. Abel

Greetings from the WDNC Bankruptcy Administrator’s Office. We are back to share some more helpful technology tips for using Case Management/Electronic Case Files (“CM/ECF”).

I. Generate a list of all open cases in which you have made an appearance.

Did you know that you can do a search on CM/ECF for cases in which you are involved in any district? Once you are logged into CM/ECF for the applicable court, click on “Query.” In the Search Clues, you will enter your last name and first name in the respective boxes. In the box for Type, click the drop-down arrow and select “Attorney.” Next, click the box for Open cases so that you are not getting a return of every case you ever filed. Lastly, click “Run Query.”

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Federal Income Tax Update: Part II

By Keith A. Wood

I. IRS Continues to Crack Down on S Corporation Disguised Wages.

In Ward & Ward Company v. Commissioner, T.C. Memo. 2021-32, the Tax Court held payments from an S corporation law firm to its owner/shareholder were wages subject to self-employment tax rather than a Subchapter S distributions of profit.

II. Court Rules Taxpayers Adequately Notified the IRS of Address Change: Direct Communication of Address Change to IRS Agent Was Sufficient Notice to IRS.

In Gregory v. Commissioner, No. 19-2229 (3d Cir. 2020), the Third Circuit held a couple’s filing of two IRS tax forms that used their new address along with direct communication of the address change to an IRS agent was sufficient notification to the IRS of the change of address. The Tax Court previously held the IRS sent a valid 90-day notice of deficiency to the couple’s last known address, and the couple had not provided the IRS with clear and concise notification of the address change.

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Case Law Update: Barus v. Coffey (Failure to State a Claim, Child Support)

By Rebecca Watts 

Barus v. Coffey, January 4, 2022, Court of Appeals of North Carolina, Rule 12(b)(6) and custody modification

The trial court entered a permanent order in 2014 that awarded primary custody to father during the school year and shared custody during the summer months. This order also determined that each party should be financially responsible for the children while in his or her respective care and that the parties should bear equal responsibility for uninsured medical expenses, but that neither would pay support to the other. In 2017, father filed a motion to modify custody, medical coverage, and child support. The trial court heard the 2017 motions in 2018. In May 2019, the court entered its order regarding modification of custody, contempt, and attorney fees. Although the 2019 order in its caption did not mention child support, the body of the order itself indicated that the trial court was also addressing father’s motion to modify child support and in the decree of that order, the trial court denied the motions to modify the 2014 order in any way.

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Checking In: February 22, 2022

Parker Poe Welcomes Shalanna Pirtle as Chief Talent, Diversity & Inclusion Officer

Shalanna PirtleParker Poe Adams & Bernstein LLP announced that Shalanna Pirtle will serve as its Chief Talent, Diversity & Inclusion Officer. Pirtle will oversee all aspects of talent management, diversity, equity, and inclusion. She is overseeing a professional development program that will offer learning, skill and career development, coaching, mentorship, feedback and evaluation opportunities. Pirtle is a partner with the firm, where she practices mediation and employment law. She is certified as a mediator by the North Carolina Dispute Resolution Commission and serves on the panel for Alterity ADR. Pirtle earned a J.D. from the University of Georgia School of Law and a B.A. from Indiana University.

Behr Appointed Bankruptcy Administrator to the U.S. Court of Appeals for the Fourth Circuit

Brian C. BehrThe circuit executive for the Fourth Circuit announced that Brian C. Behr has been appointed Bankruptcy Administrator for the Eastern District of North Carolina. The announcement follows news of Marjorie K. Lynch’s retirement effective May 2022. Behr has served as the senior staff attorney for the courts since 2008. Prior to this role, he was an Adjudications Officer with the Department of Homeland Security. Behr graduated from the Catholic University of America Columbus School of Law and from North Carolina State University, where he received a bachelor’s degree in political science and international politics.

Carisetti Joins Bradley Arant Boult Cummings

Maria CarisettiBradley Arant Boult Cummings recently announced the addition of 26 new attorneys, including Maria Carisetti of Bradley’s Charlotte office. Carisetti is an associate in the Construction Practice Group. She received her J.D. from the University of North Carolina School of Law, where she served on the Pro Bono Executive Board and the Volunteer Income Tax Assistance Executive Board. Carisetti earned her M.A. and B.A. in political science from Virginia Tech with concentrations in legal studies and environmental politics and policy.

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MIP’s Diverse Perspectives: Evin L. Grant

Evin L. Grant

By Evin L. Grant

MIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.

This month’s perspective is courtesy of Evin L. Grant, Policy Director, North Carolina Department of Administration.

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