By PJ Puryear

With Covid came a new chapter in most litigators’ lives: remote depositions. There are no doubt lovers and haters of this development, but there is also no doubt this technological development is here to stay. Accordingly, everyone needs to be aware that N.C. Gen. Stat. § 10B-25, which authorized “emergency video notarization” and opened the door to this practice, has expired. There does appear to be a workaround, however.

Originally set to expire in March of last year, the General Assembly modified the statute to extend to December 31, 2021. Unfortunately, the General Assembly adjourned before Omicron ruined all of our well-laid holiday plans (and perhaps your plans for returning to in-person depositions), and before they could pass legislation continuing a court reporter’s ability to swear in a witness remotely. If you haven’t been to the Secretary of State’s webpage in the last two weeks, you haven’t seen Secretary Marshall’s notice to the public on this: “Notice: The temporary Emergency Video Notarization Law expired on 12/31/21 at 12:01 am. ALL notarial acts, traditional and electronic, revert to the original law requiring in-person, physical presence by the principal or principals.”

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Deepika Ravi

Amy Richardson

By Deepika Ravi and Amy Richardson

Many of us have heard discussions of a “new normal” when it comes to the practice of law – a movement toward a hybrid approach to work that gives lawyers the flexibility to work from the office, from home, or from another non-office location. One thing is clear: times have changed, and for many of us, remote practice (at least part-time) is here to stay. But when remote work is a choice, instead of a necessity while offices remained closed due to COVID-19, what are the implications for our ethical compliance?

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By Marilyn R. Forbes

At its July 2021 meeting, the State Bar Council approved a new aspirational provision in the Preamble to the North Carolina Rules of Professional Conduct, stating that a lawyer should treat all persons encountered in a professional capacity equally, courteously, respectfully, and with dignity, regardless of personal identifying characteristics. The proposed amendment will be sent to the North Carolina Supreme Court for potential adoption.

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By Rick Conner

The Litigation Section is thrilled to be able to recognize John R. “Buddy” Wester as the 13th recipient of The Advocate’s Award. Wester, who served as president of the North Carolina Bar Association in 2009-2010, was recognized at the annual meeting of the Litigation Section on May 18, 2021, conducted via Zoom. You can view a recording of the award presentation here (Passcode 2L02D+ws).

John R. “Buddy” Wester

Russell Rawlings wrote a wonderful article about Wester for North Carolina Lawyer, and that story can be found here.

The Advocate’s Award is presented by the Litigation Section as merited to recognize members who are the “superstars” of our Bar, and recognizes litigators who 1) have the highest ethical standards; 2) have shown great skill and ability as litigators/trial lawyers and commitment to the very best work product; 3) demonstrate a true commitment of service to clients; 4) demonstrate a respect for and love of the law; 5) are held in the highest regard by both bench and bar; 6 ) are dedicated to the community and the bar with a track record of pro bono or volunteer service; and 7) serve as an example of how to effectively balance both outstanding professional performance and other life endeavors. Read more

By Adam Banks

Last week the Supreme Court of North Carolina adopted amendments to the General Rules of Practice, clearing the way for the implementation of the Judicial Branch’s eCourts initiative. In case you missed it, over the next few years, North Carolina Courts will implement the Odyssey Integrated Case Management System (Odyssey ICMS), which among other things, will allow attorneys to file pleadings digitally.

The Supreme Court’s recent order affects the following rules:

• Rule 5, “Filing of Pleadings and Other Documents in Counties with Odyssey”
• Rule 5.1, “Filing of Pleadings and Other Documents in Counties Without Odyssey”
• Rule 22, “Local Rules of Practice and Procedure”
• Rule 27, “Sealed Documents and Protective Orders”

Read the rest of the NCAOC’s press release here — LINK.

The first four counties — Harnett, Johnston, Lee, and Wake — are projected to go live on Odyssey in August 2021. Electronic filing is one small component of the eCourts initiative. For a full listing of all the changes you can expect in the near future, please visit NCAOC’s eCourts webpage for a comprehensive explanation of the eCourts initiative and rollout plan — LINK.