The legal field is notoriously slow to change, particularly with technology, and the use of AI is no exception. When I first heard about ChatGPT in 2022, I was staunchly against using it. My resistance stemmed from various reasons, but chiefly, I felt like it was “cheating.” Because I have always taken education and good grades very seriously, it was difficult to overcome this mindset.
By mid-2023, however, it became evident not only that ChatGPT was here to stay but that AI was becoming prevalent in many fields. Over the past two years, my keen interest in using technology for project management and developing apps using no-code software evolved into nearly a full-time role. I realized that if I didn’t begin to incorporate AI into my work, I would quickly be left behind in the tech world.
Once I started using AI tools, I realized how narrow-minded I had been. The benefits were immediate and significant, and I regretted not incorporating AI much sooner because it has revolutionized my workflow and saved me hours on administrative tasks. I began reading articles about “prompt engineering” and attending conference sessions dedicated to the use of AI in the legal field. The organization I work for is very open to technology improvements and paid for a ChatGPT account. I began using it for more than just first drafts of emails and started thinking outside the box about the possible ways it could improve my work.
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.pngParalegals2024-10-01 09:32:162024-10-01 09:33:03Ethical and Practical AI Use for Paralegals: Part 1
Externs. What are they? Why should your organization consider being a placement site for them? And, what are things to keep in mind when serving as such a placement site? Keep reading to find out!
What are “externs” (and how do they differ from “interns”)?
The American Bar Association (“ABA”) defines the term as follows: “Externships are non-compensated positions in settings outside a law school, for which students receive academic credit.” The receipt of academic credit seems to be at the core of what makes an extern an extern, so that is what appears to be their defining feature and what sets them apart from traditional interns. As a result, the answer I give when asked how externs differ from interns is that “an extern is an intern that is paid in experience.”
While we are on the subject of definitions, I want to clarify the meanings of the terms “externship program” and “externship placement program” as I use them. “Externship programs” are the programs through which law schools offer law students the opportunity to be externs and the academic credit externs receive. “Externship placement programs” are the programs organizations set up to host externs within their organizations.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2024-08-13 13:47:312024-08-20 09:35:39Externs! Externs! Read All About Them!
“Do I have a case?” It seems like such a simple question. One that would seemingly lend itself immediately to an IRAC analysis (that’s Issue, Rule, Analysis, and Conclusion for those of you who have effectively blocked out your first year of law school). This question, maybe more than any other, is littered with legal booby traps for the unwary. But it also presents an opportunity for lawyers to have a full and frank conversation with prospective clients about not just legal merits but the legal process.
I get it. Just like I do with my Internist, potential legal clients want to jump right to the diagnosis. Is my hamstring torn? Do I have [name the disease]? And just as I get frustrated or impatient with my doctor wanting to run some blood work, to try physical therapy, or to just wait and see, it is easy to appreciate why those who are seeking legal advice regarding a potential employment matter can’t understand why there’s no quick (and cheap) answer.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Marc Gustafsonhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMarc Gustafson2024-07-09 08:42:342024-07-25 08:39:19Do I Have a Case? Let’s Talk About It
The Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.
Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.
Like many other lawyers, I grew up in a competitive family. The dinner table was a debate stage. Jeopardy was a full-contact sport. Performance and achievement led to reward and affirmation. This environment prepared me for many of the challenges I would face in my adult life—law school, the bar exam, and the stress of practicing law. Somewhere along the way, though, I realized that something was missing. This way of living was not sustainable for me. So, I set out on a journey ten years ago to explore my own well-being and to redefine what flourishing looked like for me. I’d like to share some of what I have learned.
This is not another article encouraging readers to meditate, write a gratitude journal, practice mindfulness, exercise, sleep and eat better, engage in service work, get out in nature, or change their mindset. While these are all valuable practices, by now, most of us know what we can do to improve our well-being. We have been inundated with well-being content offering specific wellness tools. Instead, what follows are principles that I have found helpful in guiding my well-being journey.
A pro se opponent continues to file nonsensical pleadings. An opposing counsel is obnoxious and rude in a deposition. A family law case is on a roller coaster of one crisis after another, created by your own client, the other side, or both.
As legal professionals, we are often called upon to deal with one sort of conflict or another. For those of us who make our living as litigators, all of our cases are “adversarial” in nature. But if we are honest, some of the players—whether parties or our colleagues at the bar—are easier to deal with than others. The question is, then, how do we handle these more contentious situations without allowing it to rob us of our peace of mind?
First, we need to remember that we were retained because a conflict of some sort already existed. In the case of individuals, organizations, or governmental entities, the dispute could be over a contract, a tort, a family law matter, or many other areas. In the criminal law context, the client may be accused of committing a crime and is facing prosecution by the state or the federal government. Thus, the issue is not that conflict itself is inherently bad or must be avoided at all costs. Rather, the existence of a conflict shows that there is a need for some change. The conflict is also an opportunity for us to use our legal education, skills and abilities to assist our clients.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Professional Vitality Committeehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngProfessional Vitality Committee2024-04-04 11:06:052024-04-04 11:06:05How Should We Deal With Conflict?
We’ve all been there – negotiating with opposing counsel over a nuanced situation, only to get a run-of-the-mill response. These types of conversations can be frustrating, if not downright maddening. More importantly, they have the potential to spell a hard road ahead for our profession.
Over the last year, there has been a fair amount of gnashing of teeth by lawyers and law firms over ways Artificial Intelligence (AI) tools like ChatGPT and the like will affect the legal profession. If your head has been anywhere but buried in the sand, you’ve likely seen examples of articles and briefs, with varying degrees of accuracy, composed using some form of AI. And these tools are going to get better.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Marc Gustafsonhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMarc Gustafson2024-02-06 09:27:382024-02-06 14:42:18AI Is Adapting, and Lawyers Should, Too
Do you care about the mental health of lawyers, law students and paralegals? Would you like to serve on a board that works towards making a variety of mental health services readily available for colleagues? BarCARES does that and is seeking nominations for Board members.
For those who don’t know, BarCARES is designed to offer no-cost assistance in dealing with problems that might be causing distress and can be used to help with such matters as personal issues, anxiety, substance use, financial concerns, family matters, work issues, professional stressors, and to provide help with case-related stress as well as student coaching on all matters including time management.
The Juvenile Justice and Children’s Rights Section of the NCBA includes attorneys and child advocates who are committed to excellence in the direct representation of North Carolina youth. Three of the most common areas of direct representation of children and juveniles in court are child welfare, juvenile delinquency, and family law proceedings. Attorneys with the North Carolina Guardian ad Litem Program (NC GAL Program) represent children in child welfare proceedings in North Carolina district and appellate courts. This article is a short summary of the NC GAL Program, its purpose, duties, and role in that representation.
Guardian vs. Guardian ad Litem vs. NC GAL Program
A guardian of the person is one who generally has the duties of care, control, and custody of their ward. The term “guardian ad litem” comes from the latin phrase “ad litem” which means “for the purposes of the suit.” A guardian ad litem is usually an individual appointed to appear in a lawsuit on behalf of a minor party or incompetent person. While guardians ad litem may be appointed in a variety of civil and criminal proceedings in North Carolina,[1] the NC GAL Program is only appointed to represent children in abuse, neglect, or dependency (“AND”) proceedings, or termination of parental rights (TPR) proceedings under Subchapter I of the NC Juvenile Code. These cases are initiated when a county department of social services files a juvenile petition; they are sometimes referred to as “DSS court,” but a more accurate name is “child welfare court.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2023-04-18 11:28:502023-04-19 09:53:52The North Carolina Guardian ad Litem Program – What Is It, and What Does It Do?
Why are lawyers often mocked and despised in the media, and what can we do about it? As professionals, we have spent years studying the law, and we have dedicated our lives and careers to this profession. So while we may take ourselves seriously, sometimes, it is a shock to walk into a courtroom or to face a group of people from the public who view us no differently from the proverbial “snake oil salesman” or as someone out only for ourselves and prepared to pull a fast one.
Admittedly, some members of our profession have broken the law, stretched the rules of ethics, or generally made themselves a nuisance. But we cannot allow these individual examples to define, or to continue to define, us or our profession. Is there anything we can do to raise the public perception of lawyers, defend our profession, and represent our clients effectively at the same time? Let’s consider three goals we can set this year to push back on these common negative impressions.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Professional Vitality Committeehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngProfessional Vitality Committee2023-04-03 13:44:292023-04-03 13:44:29How to Promote a Positive View of Lawyers and the Legal Profession
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