BarCARES Seeks Nominations for Board Members

Ann, a white woman with short blond hair, wears a white blouse and teal jacket.By Ann Anderson

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 provide help with case-related stress as well as student coaching on all matters including time management.

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“The” Ohio State University and the Trademark Protection of Cultural Identity

By Andrew McClain Adams

College football season is upon us, and The Ohio State University is in the hunt for the playoffs. As good as they have been on the field, the school’s first win came before the season started. In June, the United States Patent and Trademark Office granted Ohio State an unusual trademark: the word “The.”

For those unfamiliar with Ohio State, the attempt to claim ownership of a definite article may seem absurd, but the word “The” holds a special place in the heart of Buckeyes everywhere. While it has been a part of the school’s name since 1878, the university made a push in the 1980s to emphasize the word “The” as part of the college’s brand and to distinguish it from other OSU colleges such as Oregon State University and Oklahoma State University.  Since then, the word has appeared on Ohio State merchandise, promotional materials, and is emphasized in the pre-game introductions of Buckeyes competing in professional sports. The school’s first application for the trademark was denied, since the USPTO was skeptical that the word was being used as an indication of source, but their second attempt was approved after demonstrating the sheer amount of marketing and advertising they had poured into creating a link between the word and the Ohio State brand.

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Transforming Transformative Use: A Synopsis of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

KimberMarie, a white woman with brown hair, wears a white shirt and green jacket and is smiling.By KimberMarie Faircloth

On October 12, 2022, the Supreme Court heard oral arguments for The Andy Warhol Foundation for the Visual Arts, Inc.(AWF) vs. Lynn Goldsmith, et al.[1] The main issue revolves around “transformative” use under the Copyright Act[2] and how transformative the work must be to be protected by the doctrine of Fair Use and not infringe another’s copyright.[3] In 1994, the Supreme Court considered a case regarding transformative use, Campbell v. Acuff-Rose Music, Inc., in which the Court held that 2 Live Crew’s parody on Roy Orbison’s song, “Oh, Pretty Woman,” was protected under fair use and that the lower court erred in finding otherwise because they solely looked at the commercial nature without weighing the other fair use factors.[4] The Court also defined “transformative” as “add[ing] something new, with a further purpose or different character, altering the first with [a] new expression, meaning, or message.”[5] The more a work transforms the original, the less the other fair use factors will weigh in the analysis because transforming a work emphasizes “the heart of the fair use doctrine’s guarantee of breathing space within the confines of copyright.”[6] Transformative use also came up in 2020 with Google LLC v. Oracle America, Inc., where the Court found Google’s use of a portion of code from the Sun Java API, a computer program using Java programming language, to be “new” and “transformative” enough to constitute fair use.[7]

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Making Attorney Self-Care an Atomic Habit

Ashley Banks is a young woman with golden brown hair and brown eyes. She is pictured smiling against a black background, and she is wearing a red shirt and a black blazer. By Ashley Banks

As legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.

Self-Care is Key for Legal Professionals, But it is Not Our Forte

As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.

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Disability Access in the Practice of Law – Begin Making Your Law Firms More Accessible for Disabled Employees and Clients with this Simple Checklist

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Derek, a white man with blond hair, stands before a sunny window and wears a black suit and gray plaid tie over a white shirt.By Derek J. Dittmar

You may be unintentionally excluding a quarter of your clients and coworkers.

Twenty-six percent of adults living in the United States live with some sort of disability. However, fewer than one percent of American attorneys report having a disability, which can include sensory, physical, emotional, cognitive, and psychological conditions, many of which are not immediately perceivable by the public. It is unsurprising that most legal providers do not know how to make their services, offices, and products accessible to persons with disabilities (PWDs). When our profession is not conducted with a focus on accessibility for clients, and when we lack disabled coworkers to provide their lived and learned expertise, we are giving up, or greatly limiting, the chance to work for, and with, PWDs. Obviously, law schools have a vital role to play in expanding opportunities in the practice of law for PWDs, but that is the subject of a different post. Today, I am going to focus on why ensuring accessibility is both a legal and ethical obligation for attorneys and firms, in addition to simply being good business sense. Read more

Micro Mindfulness For Modern Lawyers

By Colleen L. Byers

We don’t need anything else to add to our to-do list. We don’t need to overhaul our entire practice. Instead, we can do one little thing that could make a big, positive impact through a practice called micro mindfulness.

Micro mindfulness is a practice of interspersing small doses (think less than 0.1 of your time) of attention to the present moment a few times throughout the day. It’s as simple as adding just a pinch of salt to enhance your meal. As my late grandmother used to say, “A little bit will do ya.”

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An Aspirational Statement of Equality and Civility

By Adam G. Linett

The North Wind and the Sun got into a dispute about which one was stronger. To put the issue to a test, they decided that whoever sooner made a traveler take off his cloak would be the more powerful and win the argument.

The Wind blew with all its might, but the stronger he blew, the closer the traveler wrapped the cloak around him. Then, the Sun came out and, as it gently shone brighter and brighter, the traveler sat down and, overcome with heat, cast his cloak to the ground.

So goes one of Aesop’s fables, and the lesson taught some thousands of years ago is that persuasion is better than force, and that to be effective in winning an argument, one must consider how to argue, rather than to just rely on blunt force.

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Objectivity

By Coleman Cowan

In the summer of 2009 I traveled to a small village in the Ramsdalen valley of Norway to shoot a story for 60 Minutes about a group of adventurers jumping off cliffs and flying to the ground in wingsuits. We hired one of them to shoot video while they were in flight. He was from South Africa but had been living for the past few years with his girlfriend in a VW Bus in the French Alps. Julian Boulle was his name.

I lived with Julian in a farmhouse for two weeks during our shoot. We were together morning, noon, and night. Julian proved to be incredibly knowledgeable, not only about the techniques and mechanics of wingsuit flying, but also some of the greater existential aspects of living so close to death. As the days wore on, and the nights became longer, our conversations branched out far beyond the story we were shooting. The more we talked, the more it seemed Julian had been everywhere and knew something about everything we talked about – war, politics, world culture. Picture Forrest Gump in dreadlocks. That was Julian . . . if he was to be believed. Halfway through our shoot, I decided I didn’t.

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Join Me on an Odyssey to E-Filing, Won’t You?

By Matthew A. Freeze

North Carolina’s Superior and District courts are undergoing an operational sea change: electronic filing. For those of us who practice before federal courts and state appellate courts, electronic filing will be nothing new. Federal courts have used PACER since 1988[1] and North Carolina’s appellate courts have used electronic filing since 1998.[2] But for many of our colleagues, the Administrative Office of the Courts’ new journey into electronic filing will be a great departure from our standard practice at the state level and we, as practitioners, have a great deal to learn. To borrow from Homer, even an attorney learns something once it hits him.[3] But this is not something which we must be hit about the head with to accept. It is something we should embrace, as it will strengthen our practice and benefit all involved.

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Isolation

The NCBA Professional Vitality Committee creates sourced articles centered on reducing inherent stress and enhancing vitality in the lives of legal professionals and offers those resources as a benefit for members of the North Carolina Bar Association.

By Michele Morris

In the morning, immediately upon waking, my mind screaming at me: “Get up. Get out of bed. You can do it. You can do this. Get up.” Not exactly high motivation. But I would indeed get up and sit in front of my computer, alone, in my apartment, drinking my first cup of coffee. I still had a small number of paying clients and an appellate brief due date looming. Even though writing it felt like pushing a rock up Mount Everest, I wrote.

It was the fall of 2019. I had relocated from Ohio to North Carolina in 2017 thinking that I could find work and seamlessly transition from a solo practice in Northeast Ohio to W-2 employment in Western North Carolina. After all, I am a seasoned litigator. My skills are easily transferrable, right? Um, maybe not. My income plummeted. I felt frightened and alone. Little did I know then that there was a much greater challenge lurking right around the corner: COVID-19.

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