It is a privilege and a pleasure to announce that the eighth edition of the North Carolina Construction Law Deskbook has been uploaded to the Construction Law community forum on the North Carolina Bar Association’s website.
The Deskbook is a benefit available to all members of the NCBA Construction Law Section and is easily accessible by following the steps below.
How to Access the Deskbook
Enter your log-in credentials at www.ncbar.org, click the “Connect Now” button on the “Communities” window, click “My Communities” on the following page, and then select “Construction Law” on the next page.
Once in our Construction Law Community forum, select “Library,” and you’ll see a folder on the left-hand side of the screen labeled “Desk Book – Foreword.” Click the triangular prompt to the left of this folder to see the list of 17 chapter folders.
Clicking each chapter folder will bring up that chapter’s contents on the right-hand side of the screen. Double-click the content you’re interested in to bring up a screen that allows you to view or download the chapter or form that you’ve double-clicked.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-02-11 15:35:222021-02-11 15:47:12Virtual Launch of the North Carolina Construction Law Deskbook (Eighth Edition)
Join Clara Cottrell (Senior Counsel, BASF Corporation) and Clark Brewer (retired real estate and transactional attorney) to discuss the movie “My Cousin Vinny.” This movie has so many issues that it is used widely in presentations and law school classes! Clark will look at the procedural issues and trial tactics (e.g., efficient cross-examination to the role of expert witnesses) and Clara will focus on courtroom decorum and professionalism (e.g., when is all leather a good choice for your court appearance). If you would like a refresh of the movie, it is available on Amazon Prime for a small fee.
Also, Clark, as a huge movie fan, will provide his list of “Top 10 Legal Movies” of all time for your entertainment! (Spoiler, “My Cousin Vinny” is on the list!)
M.E. v. T.J., decided North Carolina Court of Appeals, December 31, 2020 (Constitutionality of 50B’s exclusion of same-sex dating partners)
In 1979, the North Carolina General Assembly added a chapter to our General Statutes to “provide remedies for domestic violence.” In these newly created domestic violence statutes, remedies were available to you if an act of domestic violence had been committed upon you by a past or present spouse or by a person of the opposite sex with whom you lived as if married. In other words, relief was available only to those who were or had been in a marital or marriage-like relationship with a member of the opposite sex. In 1995, perhaps recognizing that there were other types of domestic relationships in which violence was a problem, the General Assembly amended N.C.G.S. §50B-1 and provided an avenue for relief for those who suffered acts of domestic violence in situations involving parent/child relationships, grandparent/grandchild relationships, and relationships between parties who were unmarried but had a child together. The qualifying relationships all constituted a type of “familial relationship.” In 1997, the General Assembly again amended N.C.G.S. §50B-1 to expand the categories of relationships that would qualify a person for relief under Chapter 50B. At this point, the qualification of relationship types was changed from “familial relationship” to “personal relationship” so as to include “current or former household members” and “persons of the opposite sex who are in a dating relationship or who have been in a dating relationship.” While the addition of dating relationships to the category of relationships qualified you for relief under Chapter 50B, this addition explicitly excluded relief for those in a same-sex dating relationship.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2021-02-11 09:29:472021-02-11 09:38:46Landmark Decision: Constitutionality of 50B’s Exclusion of Same-Sex Dating Partners
MIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.
This month’s perspective is courtesy of Niya Fonville, Director of Externships, Campbell Law School, Raleigh, NC.
What law school did you attend and what was your graduation year?
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA MIPhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA MIP2021-02-10 11:46:062021-02-10 11:46:06MIP’s Diverse Perspectives: Niya Fonville
Are you interested in understanding more about criminal court case processing in North Carolina? Courtesy of the North Carolina Judicial Branch, the Paralegal Division blog is publishing a three-part series the first three weeks of February. The series includes an overview of the following:
Part I: Infraction Case Processing
Part II: Misdemeanor Case Processing
Part III: Felony Case Processing
The information below provides a general overview of criminal processing in North Carolina. It is not a substitute for reviewing the specific requirements contained in the North Carolina General Statutes and the opinions of the North Carolina appellate courts. Please also be aware that procedural nuances may vary among North Carolina’s one hundred counties.
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.pngParalegals2021-02-10 11:45:442021-02-10 11:45:44Three-Part Series: Criminal Case Processing in North Carolina, Part II – Misdemeanors
Pro Bono Projects: Wills for Heroes and 4All Statewide Service Day
By Rachel Royal
For Rebecca Rushton, volunteering for the North Carolina Bar Foundation’s Wills for Heroes pro bono program was not just about reporting pro bono hours; it completely changed the path of her career as a lawyer. A marine science undergrad who went to law school in Oregon, she began her Wills for Heroes pro bono experience as a law student in 2013. After moving back to North Carolina to work in construction litigation, she continued her involvement with the Wills for Heroes committee, eventually serving as the committee chair in 2016.
She recalls an event that year at N.C. Central University Law School when her brother, who was a police officer in Durham at the time, attended the event with his wife, and they were able to complete their estate planning documents. Another memorable Wills for Heroes event was held for a fire department when the entire crew happened to be on call. The volunteers were able to work with the chief to have firefighters come in for single appointments in case a call came in.
The North Carolina Bar Association’s Young Lawyers Division is hosting a new four-part Lunch and Learn Series focused on various practice areas. Every third Wednesday at 12 p.m., you will hear from one of our liaisons and YLD council about what it’s like to work in their practice areas. The first series will be held on Feb. 17, 2021, at 12 p.m. and will cover Sports and Entertainment Law.
Register here for the Sports and Entertainment Law Series on Feb. 17!
Learn what it takes to be a sports and entertainment lawyer, what a typical day is like, and what some of the pros and cons are, and ask questions and network with fellow YLD members! Whether you are a young lawyer, transitioning lawyer, or law student, find out what it’s like to work in various practice areas and the best way to position yourself to get there.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2021-02-05 14:24:112021-02-05 14:54:03New YLD Lunch and Learn Series
In 2019, North Carolina raised the age of juvenile jurisdiction from 16 to 18. This law, which was in effect for a hundred years, addressed the maximum age at which a person would be charged in juvenile court rather than adult court. Much attention was paid to the fact that North Carolina was one of the last states to automatically criminalize 16- and 17-year-olds for any offense. But did you know that North Carolina is currently the only state in the country to charge youth as young as six years old?
The minimum age of jurisdiction is the youngest age a child may be charged with a crime. Though many (29) states have no minimum age, North Carolina has the distinction of being the state with the youngest minimum age. There doesn’t appear to exist any legislative history on why this age was set, so it’s difficult to determine the policy rationale behind setting the age of six.
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.pngJuvenileJustice2021-02-05 09:22:422021-02-05 10:18:41Reconsidering North Carolina’s Minimum Age of Jurisdiction
The NCBA Litigation Section is seeking nominations for the Advocate’s Award, the highest award of the Litigation Section. The award was established to recognize members of the Litigation Section who are the superstars of our profession. A description of the award, the necessary qualifications, past winners of the award, and a nomination form is available on the Litigation Section page of the North Carolina Bar Association’s website by clicking here.
The nomination process has been streamlined for 2020/21. Nominations can be submitted online using a fillable form. The Advocate’s Award Committee hopes to receive many deserving nominations. We all have been privileged to work with some truly great litigators, so make sure to nominate the superstars you know for the Advocate’s Award. The deadline for this year’s nominations is March 26, 2021.
Please note: (1) the award may be conferred and nominations may be made posthumously; (2) nominees who do not receive the award may be considered for the award in subsequent years without being re-nominated; and (3) nominees who are currently practicing must be a member of the Litigation Section to be considered for the award.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2021-02-04 12:01:072021-02-04 12:01:07Nominations for the Advocate's Award are Open
February celebrates Black History Month. In honor of Black History Month, the YLD Pro Bono Committee is challenging you to participate in five (5) hours of pro bono work this month. We ask that your pro bono participation focus on historically underserved communities. Participants can sign up for this challenge by pledging their commitment and recording hours here: Challenge Sign-Up Sheet. We will announce a random drawing on our First Inaugural YLD Pro Bono Day on Feb. 26!
On Feb. 26, 2021, please join the YLD Pro Bono Committee for YLD Pro Bono Day. We plan to have an insightful panel at 11 a.m. to discuss how judges and attorneys in your community are participating in pro bono work and impacting the lives of others who need legal representation. The panelists will be Judge Richard Dietz, Judge Linda Stephens, Troy Shelton and Evin Grant. You can register for the panel here. In the afternoon, a Driver’s License Restoration Clinic will be available to participants who sign up here: Clinic Sign-Up Sheet. The clinic consists of one (1) hour of CLE training and two (2) hours of pro bono work and begins at 12:30 pm. You can make a difference in someone’s life in just that short amount of time. You can view more details about the clinic here.
For a special message about Pro Bono Day, watch the video below.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2021-02-04 10:51:562021-02-12 16:04:13A Professional New Year’s Resolution: Get More Involved
Virtual Launch of the North Carolina Construction Law Deskbook (Eighth Edition)
Construction Law SectionIt is a privilege and a pleasure to announce that the eighth edition of the North Carolina Construction Law Deskbook has been uploaded to the Construction Law community forum on the North Carolina Bar Association’s website.
The Deskbook is a benefit available to all members of the NCBA Construction Law Section and is easily accessible by following the steps below.
How to Access the Deskbook
Read more
Mingling with Membership: Discussing ‘My Cousin Vinny’
Sports & Entertainment Law SectionEvent Overview
Thursday, March 11 l 4:00 to 5:00 p.m. l Via Zoom
Join Clara Cottrell (Senior Counsel, BASF Corporation) and Clark Brewer (retired real estate and transactional attorney) to discuss the movie “My Cousin Vinny.” This movie has so many issues that it is used widely in presentations and law school classes! Clark will look at the procedural issues and trial tactics (e.g., efficient cross-examination to the role of expert witnesses) and Clara will focus on courtroom decorum and professionalism (e.g., when is all leather a good choice for your court appearance). If you would like a refresh of the movie, it is available on Amazon Prime for a small fee.
Also, Clark, as a huge movie fan, will provide his list of “Top 10 Legal Movies” of all time for your entertainment! (Spoiler, “My Cousin Vinny” is on the list!)
Registration for this event will close at noon on Wednesday, March 10.
Zoom link will be sent upon registration.
Landmark Decision: Constitutionality of 50B’s Exclusion of Same-Sex Dating Partners
Family Law SectionM.E. v. T.J., decided North Carolina Court of Appeals, December 31, 2020 (Constitutionality of 50B’s exclusion of same-sex dating partners)
In 1979, the North Carolina General Assembly added a chapter to our General Statutes to “provide remedies for domestic violence.” In these newly created domestic violence statutes, remedies were available to you if an act of domestic violence had been committed upon you by a past or present spouse or by a person of the opposite sex with whom you lived as if married. In other words, relief was available only to those who were or had been in a marital or marriage-like relationship with a member of the opposite sex. In 1995, perhaps recognizing that there were other types of domestic relationships in which violence was a problem, the General Assembly amended N.C.G.S. §50B-1 and provided an avenue for relief for those who suffered acts of domestic violence in situations involving parent/child relationships, grandparent/grandchild relationships, and relationships between parties who were unmarried but had a child together. The qualifying relationships all constituted a type of “familial relationship.” In 1997, the General Assembly again amended N.C.G.S. §50B-1 to expand the categories of relationships that would qualify a person for relief under Chapter 50B. At this point, the qualification of relationship types was changed from “familial relationship” to “personal relationship” so as to include “current or former household members” and “persons of the opposite sex who are in a dating relationship or who have been in a dating relationship.” While the addition of dating relationships to the category of relationships qualified you for relief under Chapter 50B, this addition explicitly excluded relief for those in a same-sex dating relationship.
Read more
MIP’s Diverse Perspectives: Niya Fonville
Minorities In the ProfessionThis month’s perspective is courtesy of Niya Fonville, Director of Externships, Campbell Law School, Raleigh, NC.
What law school did you attend and what was your graduation year?
University of Miami, 2008.
Read more
Three-Part Series: Criminal Case Processing in North Carolina, Part II – Misdemeanors
Paralegal DivisionBy the North Carolina Judicial Branch
Are you interested in understanding more about criminal court case processing in North Carolina? Courtesy of the North Carolina Judicial Branch, the Paralegal Division blog is publishing a three-part series the first three weeks of February. The series includes an overview of the following:
Part I: Infraction Case Processing
Part II: Misdemeanor Case Processing
Part III: Felony Case Processing
The information below provides a general overview of criminal processing in North Carolina. It is not a substitute for reviewing the specific requirements contained in the North Carolina General Statutes and the opinions of the North Carolina appellate courts. Please also be aware that procedural nuances may vary among North Carolina’s one hundred counties.
Read more
Pro Bono Volunteer Spotlight: Rebecca Rushton
Pro Bono CommitteePro Bono Projects: Wills for Heroes and 4All Statewide Service Day
For Rebecca Rushton, volunteering for the North Carolina Bar Foundation’s Wills for Heroes pro bono program was not just about reporting pro bono hours; it completely changed the path of her career as a lawyer. A marine science undergrad who went to law school in Oregon, she began her Wills for Heroes pro bono experience as a law student in 2013. After moving back to North Carolina to work in construction litigation, she continued her involvement with the Wills for Heroes committee, eventually serving as the committee chair in 2016.
She recalls an event that year at N.C. Central University Law School when her brother, who was a police officer in Durham at the time, attended the event with his wife, and they were able to complete their estate planning documents. Another memorable Wills for Heroes event was held for a fire department when the entire crew happened to be on call. The volunteers were able to work with the chief to have firefighters come in for single appointments in case a call came in.
Read more
New YLD Lunch and Learn Series
Young Lawyers DivisionThe North Carolina Bar Association’s Young Lawyers Division is hosting a new four-part Lunch and Learn Series focused on various practice areas. Every third Wednesday at 12 p.m., you will hear from one of our liaisons and YLD council about what it’s like to work in their practice areas. The first series will be held on Feb. 17, 2021, at 12 p.m. and will cover Sports and Entertainment Law.
Register here for the Sports and Entertainment Law Series on Feb. 17!
Learn what it takes to be a sports and entertainment lawyer, what a typical day is like, and what some of the pros and cons are, and ask questions and network with fellow YLD members! Whether you are a young lawyer, transitioning lawyer, or law student, find out what it’s like to work in various practice areas and the best way to position yourself to get there.
Read more
Reconsidering North Carolina’s Minimum Age of Jurisdiction
Juvenile Justice & Children's RightsIn 2019, North Carolina raised the age of juvenile jurisdiction from 16 to 18. This law, which was in effect for a hundred years, addressed the maximum age at which a person would be charged in juvenile court rather than adult court. Much attention was paid to the fact that North Carolina was one of the last states to automatically criminalize 16- and 17-year-olds for any offense. But did you know that North Carolina is currently the only state in the country to charge youth as young as six years old?
The minimum age of jurisdiction is the youngest age a child may be charged with a crime. Though many (29) states have no minimum age, North Carolina has the distinction of being the state with the youngest minimum age. There doesn’t appear to exist any legislative history on why this age was set, so it’s difficult to determine the policy rationale behind setting the age of six.
Read more
Nominations for the Advocate’s Award are Open
Litigation SectionBy Donald Pocock and John Jo
The NCBA Litigation Section is seeking nominations for the Advocate’s Award, the highest award of the Litigation Section. The award was established to recognize members of the Litigation Section who are the superstars of our profession. A description of the award, the necessary qualifications, past winners of the award, and a nomination form is available on the Litigation Section page of the North Carolina Bar Association’s website by clicking here.
The nomination process has been streamlined for 2020/21. Nominations can be submitted online using a fillable form. The Advocate’s Award Committee hopes to receive many deserving nominations. We all have been privileged to work with some truly great litigators, so make sure to nominate the superstars you know for the Advocate’s Award. The deadline for this year’s nominations is March 26, 2021.
Please note: (1) the award may be conferred and nominations may be made posthumously; (2) nominees who do not receive the award may be considered for the award in subsequent years without being re-nominated; and (3) nominees who are currently practicing must be a member of the Litigation Section to be considered for the award.
A Professional New Year’s Resolution: Get More Involved
Young Lawyers DivisionFebruary celebrates Black History Month. In honor of Black History Month, the YLD Pro Bono Committee is challenging you to participate in five (5) hours of pro bono work this month. We ask that your pro bono participation focus on historically underserved communities. Participants can sign up for this challenge by pledging their commitment and recording hours here: Challenge Sign-Up Sheet. We will announce a random drawing on our First Inaugural YLD Pro Bono Day on Feb. 26!
On Feb. 26, 2021, please join the YLD Pro Bono Committee for YLD Pro Bono Day. We plan to have an insightful panel at 11 a.m. to discuss how judges and attorneys in your community are participating in pro bono work and impacting the lives of others who need legal representation. The panelists will be Judge Richard Dietz, Judge Linda Stephens, Troy Shelton and Evin Grant. You can register for the panel here. In the afternoon, a Driver’s License Restoration Clinic will be available to participants who sign up here: Clinic Sign-Up Sheet. The clinic consists of one (1) hour of CLE training and two (2) hours of pro bono work and begins at 12:30 pm. You can make a difference in someone’s life in just that short amount of time. You can view more details about the clinic here.
For a special message about Pro Bono Day, watch the video below.
Read more