Lucy Inman has joined the firm’s Raleigh office. She will focus on appellate cases. Inman earned a B.A. in English from North Carolina State University in 1984, and after obtaining her undergraduate degree, she became a newspaper reporter. Inman graduated with honors from The University of North Carolina School of Law in 1990. While in law school, she was an articles editor for The North Carolina Law Review. She clerked for Chief Justice Exum in the North Carolina Supreme Court.
Inman has extensive civil litigation experience, an area in which she practiced for 18 years, first in Los Angeles and in Raleigh. For more than twelve years, she was a trial and appellate judge in North Carolina. She served as a Superior Court judge in North Carolina from 2010 to 2014. Inman won statewide election to the North Carolina Court of Appeals and served in this capacity from 2015 to 2022. She authored more than 450 appellate opinions.
Inman is a member of the Judicial Independence Committee of the National Association of Women Judges. She has previously served in leadership roles with the North Carolina Bar Association and the North Carolina Association of Women Attorneys. She has been a participant in the Judicial Division of the American Bar Association and Appellate Judges Education Institute.
I have been Smith Anderson’s Chief Diversity Officer for over a year now. In this new role for our firm, I have contributed to the impactful Diversity and Inclusion (“D&I”) efforts of our firm’s longstanding D&I Committee and led other new and exciting efforts and projects.
As a Black and Asian woman, I know how it feels to feel “othered” in many spaces throughout my life. This personal experience inspires me to do everything I can to make sure that every individual who works at Smith Anderson feels that they are home and can bring their full authentic selves to work. When people are fully authentic at work, we all benefit from learning from one another and having people with differing backgrounds and perspectives all working towards the same goal.
Some of my favorite D&I efforts at Smith Anderson have been our community building work because it facilitates opportunities for real and authentic connection (beyond the standard elevator conversation about the weather and other small talk). Our efforts include quarterly social events for diverse associates, diversity mentorship programs, and panels with diverse in-house counsel.
We recently put on an event where all mentors and mentees in the diversity mentorship program selected a book that was meaningful to their life and experience. Each person then explained why they chose this book and then the book was given to another participating lawyer for them to read. Copies of all the books were gifted to a local school for future scholars to enjoy. This event was particularly meaningful because it built community and connection within Smith Anderson while also giving back to the Raleigh community in which we live and work.
I’m also proud to lead our firm’s Mansfield Certification efforts. “The goal of the Mansfield Rule is to boost the representation of diverse lawyers in law firm leadership by broadening the pool of candidates considered for these opportunities.” In participating in Mansfield Certification, we have had the opportunity to exchange ideas about D&I efforts with our fellow Mansfield cohort and to make sure that we are considering our diverse attorneys for key opportunities and positions within our firm.
My most cherished parts about being the Chief Diversity Officer are the open and honest conversations that I have with my co-workers about ideas for new D&I efforts, their lived experiences, and their paths to becoming a lawyer. Through these open and vulnerable conversations, I learn so much from them and can incorporate their feedback into new efforts or changes to our existing efforts. We have to be able to adapt and tailor our efforts to the needs of our internal community, and having these conversations allows us to do just that.
I cannot wait to build upon my experience from the first full year to create even more impact for 2023!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2023-03-20 14:41:302023-03-20 14:58:19Your Authentic Self is an Asset to Your Office
Please join your health law colleagues around the state for the NCBA Health Law Section’s annual CLE program, Friday, April 21, 2023. This year’s program – “Keeping a Finger on the Pulse” – will be offered in person at the North Carolina Bar Center in Cary and via live Webcast! You can receive up to 6.25 total CLE credits, including 1.0 hour of Ethics/Professional Responsibility credit. Generous sponsorships have enabled the section to offer this full day of CLE and networking opportunities to section members for only $225 (even less for students, law professors, judges and public interest lawyers).
This year’s program will include several hours of North Carolina specific healthcare content, including a Keynote presentation from Jay Ludlam, Assistant Secretary of the North Carolina Department of Health and Human Services, who will address the current health care landscape in North Carolina, including challenges navigating the post-pandemic environment and the North Carolina Medicaid program’s transformation from fee-for-service to a managed care delivery system.
The program will also provide networking opportunities including a continental breakfast, lunch and reception following the program. Make plans now and clear your schedule to attend this year’s exciting program on April 21. Registration is open now!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00HealthLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngHealthLaw2023-03-16 11:03:522023-03-16 11:03:52Join Us for the 2023 Health Law Section Annual CLE Program
Section 6104(d)(1)(B) provides a right to taxpayers to request the application for tax exemption and annual informational returns for the last three years of any organization described in Section 501(c) or (d) and exempt from taxation under Sections 501(a) or 527(a). That covers both public charities and private foundations exempt under Section 501(c)(3), as well as other types of tax-exempt organizations.
Reg. § 301.6104(d)-1(d)(2) provides such tax-exempt entities must honor a written request for the documents required to be provided under Section 6104(d) provided the request (a) is addressed to, and delivered by mail, electronic mail, facsimile, or provide delivery service to a principal, regional, or district office of the organization, and (b) sets forth the address to which the copy of the documents should be sent. The charity, pursuant to Reg. § 301.6104(d)-1(d)(3), may require a reasonable fee for providing such copies. Pursuant to Reg. § 301.6104(d)-1(d)(2)(ii)(A), the charity must send the documents within 30 days of the date it receives the request or, if the charity requires payment in advance for the costs associated, 30 days from the date it receives such payment. If the individual making the request consents, the tax-exempt organization may provide the requested document exclusively by electronic mail.
In 2022, the North Carolina Pro Bono Resource Center (the “PBRC”) launched a statewide voluntary Paralegal Pro Bono Reporting process for the first time. In 2022, 127 paralegals reported performing 1,983 hours of pro bono service throughout the year. Additionally, 13 of those paralegals who reported a combined 1,227 hours were inducted into the inaugural cohort of the North Carolina Paralegal Pro Bono Honor Society! The PBRC has once again opened pro bono reporting for paralegals to report their hours served in 2022. The reporting period closes on March 31, 2023. This process is open to all North Carolina paralegals, regardless of education or certification status.
While there is no requirement for paralegals to offer pro bono services in North Carolina, there is an ethical responsibility for attorneys to do so under North Carolina Rule of Professional Conduct 6.1, and Guideline 10 of the ABA Model Guidelines for Utilization of Paralegal Services states that “[a] lawyer who employs a paralegal should facilitate the paralegal’s participation in appropriate continuing education and pro bono publico activities.” Rule 6.1 encourages North Carolina attorneys to provide at least 50 hours of legal services per year at no cost to individuals of limited means and/or charitable or other organizations that serve individuals of limited means.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2023-03-16 10:30:172023-03-16 10:30:172022 Pro Bono Reporting is Open for NC Paralegals
In 2022, the Zoning, Planning and Land Use Section awarded its first scholarships to deserving law students. In order to meet the requirements for the 2022 Scholarship, the recipient must have been an unpaid intern working in a North Carolina government or public interest law department (State, Federal, City or County) who was also enrolled in an American Bar Association accredited law school.
The ZPLU Section is accepting applications for its 2023 scholarship awards – now through April 15.
Last year’s recipients were Ashley Loveless, a 1L from the University of North Carolina School of Law, and Austin Morris, a 1L from Wake Forest University School of Law. By accepting this scholarship, Ashley and Austin agreed to write an essay about their experience as interns. Here is a synopsis of their essays.
Austin Morris
Where did you intern?
Ashley: I interned with the Durham City Attorney’s Office.
Austin: I interned with the Davidson County District Attorney’s Office in Prosecutorial District 13. I chose to work for the District Attorney because I always enjoyed serving the public and had spent two years working in the Davidson County Courthouse.
What did you learn about the law?
Ashley: Before walking into my internship, I could not have articulated exactly what it was a municipal attorney did, and no way I could have understood just how broad the job of a city attorney is. I had the opportunity to not only learn from behind a desk but at the various City department locations. Being able to go out and see the places that the City Attorney’s Office was serving helped create meaning and a sense of purpose for me in my assignments. I had the opportunity to draft a motion to dismiss for a land-use-related case and to discuss the Supreme Court’s decision in Austin v. Reagan National Advertising and its implications for municipal zoning restrictions.
Austin: I did a lot of assignments in a wide range of areas. My favorite ones, and the most rewarding, were researching cases to counter motions filed by defendants and observing district court. I saw a variety of cases on every type of charge imaginable. When I was not in court, I spent a large amount of time doing research for different attorneys. These topics were usually completely new to me and gave me the opportunity to learn them from scratch.
How is an internship different from law school?
Ashley: I had never heard any of my law school friends or professors discuss local government law. Discovering this field felt like uncovering a secret. By the end of my summer internship, my decision to pursue this field was confirmed. I was able to contribute to work related to employment law, non-discrimination ordinances, eminent domain litigation, bus advertising policies, city-county interlocal agreements, liability research, and so much more. I had never been to a city council meeting in person before my internship, and I had the opportunity to sit in on several of them throughout the summer. It was a wonderful way to learn more about the city, both as a legal intern and as a Durham resident.
Austin: You can read about cases all day and practice them in mock trial situations, but nothing will ever compare to the real thing. Knowing that there was pressure to find the best cases to formulate the best arguments, while addressing the possible counter arguments, gave the research an added edge that class did not. This research largely resembled the projects and assignments that I had done in my first year of law school, but knowing that so much more was on the line and the realness of the arguments I was helping make made it much more enjoyable.
How did the scholarship help you?
Ashley: The scholarship allowed me to focus on experiential learning by providing funds to help pay for daycare for my two young children. I want to emphasize my appreciation for the ZPLU for providing this scholarship opportunity for students in unpaid government internships and for selecting me as a recipient.
Austin: An unfortunate actuality is that government internships are on a volunteer basis. As a student, money is already hard to come by. However, this became even more troublesome after I had to change my living situations, and the rapidly growing inflation began to hit. This inflation affected every aspect of life and the money that had been set aside to cover the expenses of the summer and allow me the flexibility to work for free began to quickly dwindle as the costs of gas and food skyrocketed. Without the financial support from the ZPLU Section, there is no way, without any doubt in my mind, that I could have completed the internship. The scholarship was a blessing that can truly not be understated.
The ZPLU Section will award up to two scholarships to students interning during the summer of 2023. Access the application online. Preference will be given to applicants interning in the field of zoning, planning, and land use law. Please forward any questions to LaSara Carter.
Terri Jones is the Town Attorney for the Town of Garner and a member of the ZPLU Section Council.
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According to a study from January 2016 to December 2021,[1] 374 ransomware attacks on U.S. health care delivery organizations exposed the Protected Health Information (PHI) of nearly 42 million patients. The cybercriminals demand ransom to unencrypt the exfiltrated medical data, and, as such, create a direct threat to public health and safety. In addition, if the facility refuses to pay, some hackers have started posting the sensitive health data on the dark web. Moreover, some of the breached facilities are being sued on behalf of the patients whose data was compromised. Consequently, these recent cyberattacks on health care have significantly increased the cost of cyber insurance. Here are a few examples of recent cyberattacks in health care.
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Ann Wall is the 2023 recipient of the Award of Excellence. Ann was admitted to practice law in 1978. She has devoted her career to government service and Administrative Law. Ann became the General Counsel for the Department of Labor and rendered outstanding service to the people of North Carolina in assuring that labor conditions and workplace conditions were safe. More recently, she has been General Counsel to the North Carolina Secretary of State, Elaine Marshall. As Secretary of State Marshall has broken the glass ceiling on the Council of State, Ann has been her trusted counsel. Together, they have modernized the Office of Secretary of State, and it is a leader in the United States. Ann works tirelessly to research thoroughly and vet all issues. She works to bring all parties to the table with the common goal of doing what is best for North Carolina. Her efforts to assist the secretary in executing the legislative directive concerning notary publics is the most recent example of Ann’s outstanding work.
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Chapter 250 was ratified and enacted on March 5, 1923. The Zoning, Planning and Land Use Section celebrates the 100th anniversary of the North Carolina Zoning Enabling Act. The Zoning Enabling Act contained just eleven sections and empowered cities and towns to adopt zoning regulations and was just four pages long. By contrast, Chapter 160D of the North Carolina General Statutes is 131 pages, divided into 14 articles, and applies to both counties and municipalities equally.
Most of the originally adopted sections have stood the test of time. The purpose in Section 1 of the Zoning Enabling Act was to promote health, safety, morals, or the general welfare of the community. It authorized cities to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of populations, and the location and uses of buildings, structures and land for trade, industry, residence or other purposes. Today, Section 160D-701 lists the following public purposes: to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to lessen congestion in the streets, to secure safety from fire, panic and dangers, to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public regulations, and to promote the health, safety, morals, or general welfare of the community.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2023-03-08 09:14:242023-03-08 09:14:24The 100th Anniversary of the North Carolina Zoning Enabling Act
Men have historically dominated the legal profession. However, times are changing and more women are pursuing law degrees and legal industry jobs. According to a study done in 2021, women make up 55% of law students in the United States, nearly a 15% increase since 2000. Legal firms that strive to improve their gender diversity benefit from new perspectives and ideas that can lead to a forward-thinking culture and higher client retention rates. Just like their male counterparts, female lawyers have a lot to offer. Below are five reasons firms should hire female attorneys.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2023-03-07 11:16:262023-03-07 11:16:26Women's History Month: 5 Reasons Firms Should Hire Female Attorneys
Lucy Inman has joined the firm’s Raleigh office. She will focus on appellate cases. Inman earned a B.A. in English from North Carolina State University in 1984, and after obtaining her undergraduate degree, she became a newspaper reporter. Inman graduated with honors from The University of North Carolina School of Law in 1990. While in law school, she was an articles editor for The North Carolina Law Review. She clerked for Chief Justice Exum in the North Carolina Supreme Court.
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