By Marilyn Forbes 

While the ubiquitous use of our cellphones allows us to make efficient use of travel time to talk with clients or about client matters, there is a new reason to be “uber” careful when conducting business while using ride services.

A fundamental rule of client representation is that we must keep our clients’ secrets. NCRPC Rule 1.6 (a) provides that a lawyer “shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) [which provides specific exceptions such as preventing the commission of a crime.]”  Additionally, and just as important, “a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” Rule 1.6 (c). This includes, among other things, being mindful of when and where you to talk to or about clients.

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By Rick Conner

The North Carolina Servicemembers Civil Relief Act (“NCSCRA”), which took effect on October 1, 2019, expanded the rights of servicemembers and their dependents living in North Carolina.  The new law is codified in Article 4 of Chapter 127B, and can be found here.

The NCSCRA incorporates the federal SCRA (codified in Chapter 50 of Title 50 of the United States Code) into North Carolina law.  The federal SCRA, originally enacted in 2003 and amended several times since then, provides protections for members of the military who enter active duty, and covers issues such as rental agreements, security deposits, evictions, credit card interest rates, mortgage interest rates and foreclosures, civil judgments and proceedings, automobile leases, life insurance, health insurance, and income tax payments.

The NCSCRA expands beyond the scope of the federal SCRA by extending its protections to   include members of the North Carolina National Guard serving on active duty, and members of other states’ National Guard serving on active duty who live in North Carolina.

The NCSCRA also provides dependents (as defined in 50 U.S.C. § 3911(4)) of servicemembers some of the same rights and protections as servicemembers, including protections against default judgments, stays of certain proceedings including child custody, stays of certain fines or penalties under contracts, interest rate limitations, and tolling of statutes of limitations.

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By Alan Parry

Welcome to a new year for the North Carolina Bar Association’s Litigation Section!  We have a lot in store for Section members this year, with a focus on social events around the state to give members an opportunity to network with other litigators, judges, and court staff.  We will, of course, continue to offer CLE on topics of interest to litigators, and we also hope that Section members will use this Litigation Section blog, both to stay abreast of events and developments and to publish their own articles and posts of interest.

NCBA Litigation Section Social
Top of the Hill Restaurant and Brewery
100 E Franklin St #300, Chapel Hill, NC 27514
Wednesday, Aug. 21,  5-6:30 p.m.
RSVP here.

There will be much more to come about the events and activities we have planned for Section members this bar year, but I wanted to drop a short note to introduce myself as the new Section chair and mainly to remind you about the first of our Section social events, which is coming up this week in Chapel Hill.  There is no formal program – just a great opportunity to meet and catch up with other Section members.  Drinks and appetizers are on us, and we hope to see you there!

By T. Cullen Stafford

On April 22, 2019, the Supreme Court of the United States granted certiorari in three cases involving the issue of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination on the basis of an individual’s sexual orientation or gender identity. The Supreme Court’s decisions in these cases will resolve a long-standing split among U.S. appellate courts regarding whether federal law prohibits discrimination against gay, lesbian and bi-sexual employees.

Background

There is currently no federal statute that expressly prohibits discrimination on the basis of sexual orientation or gender identity. Nearly every Congress since 1994 has introduced the Employment Non-Discrimination Act (“ENDA”), which would amend Title VII to prohibit such discrimination, but the statute has never been passed.

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