“The only constant in life is change.” So wrote Heraclitus about 2,500 years ago on a papyrus roll using a stylus dipped in ink. Time has proven him correct.
Although change was a very real part of life during the era of Heraclitus, change in our lifetime is accelerating at an unprecedented pace. Gordon Moore, the co-founder of Intel, observed that the pace of technological change in the microchip processor industry seemed to be doubling every year, and he predicted that the trend would continue. Now known as “Moore’s Law,” his statement is often applied more generally to all technology: It is said that the rate of technological change doubles yearly. Other aspects of life, including societal values and international commerce, are also changing with extraordinary speed.
While we all understand that the law typically lags behind technological and social changes, the law and the legal profession are nonetheless changing at an increasingly rapid pace. The sheer size and scope of law grows daily as regulatory agencies promulgate thousands of pages of new rules and guidance (80,260 pages published in the Federal Register alone in 2015, according to the Regulatory Studies Center at George Washington University) and hundreds of courts and agencies create new precedent. As the law becomes exponentially more complex and changes ever more rapidly, lawyers (and the growing industries that complement or compete with lawyers to provide legal services) must evolve … and they are.
https://www.ncbarblog.com/wp-content/uploads/2016/02/1072645_98618032-e1489514705543.jpg9201592NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-15 11:45:002017-03-15 11:45:00Change Is Coming Fast (!)
Editor’s note: This article appears in the February 2017 edition of North Carolina Lawyer and the December edition of the NCBA’s Juvenile Justice & Children’s Rights Section newsletter.
Most parents today are warning their teenagers about the dangers of sharing sexually explicit images of themselves with others by cell phone or computer, also known as sexting. The behavior is not only inappropriate, but it also exposes teens to potential embarrassment, humiliation, and further victimization if the photos are disclosed to third parties without their consent. However, the potential harm caused by sexting goes far beyond the social stigma.
A growing number of teens in NC and across the nation are facing criminal charges for sexting. LaToya Powell, Teen “Sexting” is a Problem, But Is it a Crime?, NC Crim. Law Blog (Sept. 8, 2015, 8:29 AM), http://nccriminallaw.sog.unc.edu/teen-sexting-is-a-problem-but-is-it-a-crime/. Because the state does not have a sexting specific law, the conduct is typically prosecuted under laws prohibiting child pornography and obscenity. Id. These offenses carry severe penalties, including a permanent criminal record, sex offender registration, and imprisonment for up to 20 years for juveniles who are charged as adults.[1] Advocates argue that such harsh consequences are grossly disproportionate to the harm caused by consensual teen sexting and many states have created new laws to address the problem.
https://www.ncbarblog.com/wp-content/uploads/2017/03/SextHeader.jpg7501408NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-10 14:25:002017-03-10 14:25:00Teen Sexting Prosecutions Expose Harsh Gap In N.C. Law
On a chilly night in Durham last November, nearly 200 NCBA members and guests saw a side of President Kearns Davis that, until previously, only a handful of family members and the Duke football faithful might have known – that of Coach Kearns Davis. The UNC vs. Duke football game last fall marked the first Member Event of this bar year, and as fans approached the tent, they were greeted with a slightly (25 years) younger life-size cutout of Davis from his days as an assistant Blue Devils coach in 1991. And while the archived picture was a surprise to Davis and his family, the popularity and success of this Member Event and others has come to be expected.
Since the formation of Member Events in 2015, nearly all experiences have been a sellout, including the 100 seats allotted for the Feb. 11 Charlotte Hornets vs. LA Clippers game. Member Events are designed to bring unique and high-demand educational and entertainment experiences at cost-conscious prices to NCBA members and guests. The next Member Event will be Irish I Were At March Madness! on St. Patrick’s Day, March 17, when all members are invited to view the live NCAA tournament games on our new HD widescreen projector in the auditorium at the Bar Center in Cary. The event, which will include complimentary beer from Lonerider Brewing, is free for members and guests, but registration is required.
https://www.ncbarblog.com/wp-content/uploads/2017/03/HornetsHeader.jpg5001408NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-08 13:45:002017-03-08 13:45:00Next Up For NCBA Membership Events: A March Madness-St. Patrick's Day Mash-Up
Here we are a mere 60 days into 2017 and my many well-intentioned New Year’s resolutions are dead and buried with a fresh covering of rationalization and self-loathing.
I am wicked and weak.
Exercise, salad and watching less television are overrated, anyway, right?
Still, it’s a little depressing to chalk 2017 up to a total fail so early. There are probably some little things that I can resolve to do. Small changes and incremental improvements that have a chance of being sustainable. Things that might actually happen.
I am moderate and rational.
I’ve got my list of stuff to work on. If your resolutions have chalk outlines around them, as well, come on and join me with a few new ones of your own. Bonus points if they are useful or fun. We’ll call them our “almost new year’s resolutions.”
https://www.ncbarblog.com/wp-content/uploads/2017/03/ErikSnapHeader.jpg7501408NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-02 11:40:512017-03-02 11:40:51Try Snapchat, and Three Other Resolutions For the Rest of 2017
The February 2017 edition of North Carolina Lawyer magazine acknowledged the inauguration of Roy Cooper, a lawyer and member of the North Carolina Bar Association, as North Carolina’s 75th governor.
The article also denoted an impressive statistic regarding the frequency with which lawyers have held this state’s highest office since the establishment of the NCBA. Since 1899, it was reported, 19 lawyers and only seven non-lawyers have served as governor.
Robert Brodnax Glenn, photo courtesy of the State Archives of North Carolina
That is incorrect.
Actually, 20 lawyers and only six non-lawyers have held the state’s highest office during the 118-year history of the NCBA. Correcting the lawyer designations in the following list of N.C. governors, derived from the NCBA’s centennial history book, Robert Brodnax Glenn was also an attorney.
He was, in fact, a United States Attorney, appointed by President Grover Cleveland in 1893. Glenn served as governor from 1905-09 and practiced law in Winston-Salem with Glenn & Glenn. The firm traces its history to 1876 and will be more familiar to most folks under its current nameplate: Womble Carlyle Sandridge & Rice.
https://www.ncbarblog.com/wp-content/uploads/2017/02/Leg-Bld-3.jpg8893008NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-02-22 13:56:372017-02-22 13:56:37Make That 20 Of 26 N.C. Governors Who Were Lawyers, Too
As attorneys, we are tasked with the great and noble responsibility of defending the rule of law – case by case, client by client. While our system is not perfect, the law’s ability to right wrongs, to reconcile conflicts, and to resolve disputes peacefully is a measure of who we are as a people, and the rest of the world looks to our courts as the exemplar of fair and impartial administration of justice.
Nevertheless, this fairness and impartiality only truly exist when they are available to all members of our state, regardless of ability to pay. A failure to provide adequate legal services to those of modest means affects both the economic and social fabric of our society, and does not adequately represent the principles of the profession to which we have been called. It is our duty to fill the gap that exists between this challenging reality and the highest ideal of our profession – equal justice under law for all people.
https://www.ncbarblog.com/wp-content/uploads/2016/01/3adobestock_67374951-handshake.jpg5001140NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-02-14 16:13:092017-02-14 16:13:09Why Report? The Importance Of Sharing Your Pro Bono Engagement
How many times a day do you think about going paperless? What about email security or digital backups? Do you spend time wondering about document automation or online legal research? Have you been thinking about upgrading your virtual law practice management tools or client communication software?
If you’ve thought about any of those questions, or if you’re just starting to think about how technology can make your practice more efficient, you’ll find something to love at the ABA Techshow 2017. And as an NCBA Member, you’re entitled to a discount! Just use code: EP1720.
ABA Techshow is the premier conference for legal technology innovators and lawyers who want to better their practices through technology. As always Techshow will happen in March in Chicago. I know. It’s not as easy as a conference at Wrightsville Beach, but it’s a great opportunity to make your practice more efficient, more responsive, and ultimately, more profitable. But I get that a multi-day trip can be intimidating, especially if you’ve never attended the conference before. So here are my top five tips for getting ready.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-02-06 16:06:492017-02-06 16:06:49Five Tips for Making the Most Of ABA Techshow 2017
One of the greatest honors in my professional career was serving on the N.C. Commission on the Administration of Law and Justice. As a member of the commission, I was assigned to the Committee on Criminal Investigation and Adjudication. Two of the topics we focused on were pretrial justice and criminal case management.
Although various methods of pretrial release exist in North Carolina, a secured bond is the most common form of release for a person charged with a criminal offense. Few defendants can afford to post the bail amount in full. Some defendants utilize bail bondsmen, who charge a percentage of the total bond amount in exchange for obtaining the defendant’s pretrial release. Unfortunately, many defendants cannot afford either option and are forced to remain in jail. Most such defendants are also unable to retain counsel and are instead represented by court-appointed counsel, such as a public defender.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-02-02 13:45:482017-02-02 13:45:48Pretrial Justice and Criminal Case Management Reform
As of Feb. 1, attorneys have 28 days to get their North Carolina State Bar Mandatory Continuing Legal Education (MCLE) in for 2016.
As attorneys know, they must complete 12 hours of CLE credit each year. Two of these hours must be ethics/professional responsibility credit and at least once every three calendar years, each attorney must complete one hour of substance abuse/mental health credit.
We all know how busy things get for attorneys and how the year can easily slip away, then before you know it, the grace period is almost over and you still don’t have your CLE hours completed. For that reason, the NCBA CLE department makes sure that its February schedule is as jam-packed as possible in order to give everyone ample opportunity to get their hours completed. It is our mission to get everyone across that finish line.
Here are some numbers to highlight what February looks like at the Bar Center and around the state:
16 live programs this month in three locations — Cary, Greensboro and Pinehurst;
12 webcasts members can participate in from the comfort of their own home or office;
66 video replays happening in 17 cities all across the state including Cary, Winston-Salem, Concord, Pinehurst, New Bern, Boone, Wilson, Wilmington, Asheville, Greensboro, Fayetteville, Hickory, Lumberton, Roanoke Rapids, Charlotte, Manteo and Shelby;
40 phone/audio streaming options, five webinar options and over 800 on-demand programs to view from your computer or mobile device;
Two Marathon Days (Feb. 25 and 28) when you can earn up to 18 hours of MCLE credit including seven hours of ethics/professional responsibility and four hours of substance abuse/mental health hours.
By the time this month comes to an end, not only will we have all lawyers caught up on their MCLE credit hours, we will also be celebrating another successful February in the books.
https://www.ncbarblog.com/wp-content/uploads/2017/01/giphy.gif375500NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-01-31 09:50:542017-01-31 09:50:54Tick-tock: February Means Attorneys Have 28 Days To Meet CLE Deadline
On Dec. 2, 2016, the North Carolina Commission on the Administration of Law and Justice, which was the result of work by Chief Justice Martin, met for the final time. The commission worked through five committees, including the Criminal Investigation and Adjudication Committee. The Criminal Investigation and Adjudication Committee worked on several subjects, including the age of juvenile jurisdiction, pre-trial release, case management and indigent defense. The work on indigent defense was done through a subcommittee, which included members with a wide range of experience, including two Chief Public Defenders, an elected District Attorney, a Sheriff, Magistrate, as well as District and Superior Court judges. Professor Jessica Smith, from the School of Government, served as the reporter, and was instrumental in the production of the final report.
The 51-page report provides an in-depth discussion of the many challenges that any indigent defense system faces. The report also makes specific recommendations for improving North Carolina’s indigent defense system, some of which can be implemented without legislative action, and some of which will require legislation. These recommendations are a long-term blueprint for strengthening indigent defense. All of the recommendations are geared toward achieving a criminal justice system in which the quality of justice does not depend on the wealth of the defendant. The report emphasizes the importance of providing effective assistance of counsel to all who find themselves in the criminal justice system, observing that the cost of not providing effective representation includes not only wrongful convictions, but also excessive pre-trial detention, increased pressure on innocent persons to plead guilty, excessive sentences, and the dramatic collateral consequences that often accompany a criminal conviction. Indeed, the opening paragraph of the report states:
As the United States Supreme Court recently declared: “No one doubts the fundamental character of a criminal defendant’s Sixth Amendment right to the ‘Assistance of Counsel.’ ” This right is so critical that the high Court has deemed its wrongful deprivation to constitute “structural” error, affecting the very “framework within which the trial proceeds.” For indigent defendants, this fundamental right to effective assistance of counsel must be provided at state expense. When the system fails to provide this right, it denies indigent defendants justice. That denial has very real consequences for defendants, including excessive pretrial detention, increased pressure on innocent persons to plead guilty, wrongful convictions, and excessive sentences
There is no doubt that indigent defense throughout much of the United States is in a state of crisis, and that North Carolina is beginning to see the impact of lessened resources for indigent defense. The eroding quality of indigent defense is an issue that concerns not only the usual liberal supporters of providing adequate counsel for those too poor to hire a lawyer, but also conservatives, such as Charles Koch, chairman and CEO of Koch Industries. The bi-partisan recognition of the importance of a healthy indigent defense system should provide hope that positive change is possible.
