The new Senate Bill 199, which was signed into law on November 7, 2019, has two provisions that all education attorneys need to be aware of: (1) a new requirement, effective December 1, 2019, that adults report potential violent or sexual offenses against child victims to law enforcement; and (2) a requirement that by January 1, 2020, LEAs adopt a child sexual abuse and sex trafficking training program for school personnel who work directly with students, with implementation of the training in the 2020-2021 school year.
New Mandatory Reporting Requirement (§ 14-318.6)
SB 199 requires that “[a]ny person 18 years of age or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse [must] immediately report the case of that juvenile to the appropriate local law enforcement agency.” “Juvenile” is defined as someone under 18 years of age who is not married, emancipated, or a member of the U.S. Armed Forces. For purposes of SB 199, the age of the juvenile at the time of the abuse or offense governs.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2020-01-29 10:23:562020-02-19 15:16:11What School Attorneys Need to Know about the New Senate Bill 199: An Act to Protect Children from Sexual Abuse (SL 2019-245)
“85% of juveniles in the criminal system have below-average reading skills.” – U.S. Department of Education
Children “do better academically when they read more . . . and have greater access to books and other reading materials in their environment.” – National Center for Education Studies
“For 85% to 90% of poor readers, prevention and intervention programs implemented before third grade can increase a child’s reading skills to the average grade levels. However, if intervention is delayed until 9 years of age, approximately 75% of children will continue to have difficulties learning to read throughout high school and their adult years.” – Chapin Hall at the University of Chicago Consortium on Chicago School Research
Research has shown that 96% of students who read on grade level by the end of third grade will likely graduate high school on time. If you would like to positively engage with some of North Carolina’s youngest residents, then join the NC Bar Foundation’s Lawyers for Literacy Program as a reading volunteer.
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.pngParalegals2020-01-27 09:34:272020-02-19 15:12:14Lawyers for Literacy: Gifting Children a Better Future, One Book at a Time
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.
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.pngLitigation2020-01-24 13:10:062020-02-19 16:53:36Being “Uber” Careful with Client Confidential Information
Hello Section Members! We are looking forward to seeing everyone at the upcoming NCBA Conference at the Grandover in a couple of weeks! On behalf of the Pro Bono Committee of the Workers’ Compensation Section, we are excited to announce that we plan to kick off 2020 with a Pro Bono opportunity for our Section Members to accompany our fundraising efforts with Kids’ Chance at the Conference. We are encouraging our Members to participate in the NC Free Legal Answers Pro Bono Program in partnership with the North Carolina Bar Foundation. This Pro Bono Program allows Bar Association members to provide answers to civil legal questions from financially eligible citizens through a website – not by phone. Attorneys may choose from 25 available legal categories and anonymously respond to a question that fits their legal interests. It is a great way to get your Pro Bono time in without leaving your seat at the Conference or even your hotel room!
We are asking our Members to register for Free Legal Answers prior to or at the Conference. Registration takes just a few minutes:
Click on the activation link sent to your email (check spam folder).
Await email confirming administrative approval of your account!
A representative from the NC Bar Foundation will also have a booth set up in the reception space outside the Conference rooms to assist any Member with registration at the Conference. We are then asking our Members to log on and answer at least one question during their time at the Conference to jump start our Section’s Pro Bono efforts for the year. We hope you will help us start the year off right! If you have any questions, please do not hesitate to contact our Pro Bono Subcommittee Chair Mallory Lidaka. See you at the Conference!
Are you a North Carolina Certified Paralegal working in family law who likes to earn your credits for the year all at one time? Even if you are not a certified paralegal, you will benefit from this CPE. If you want to hear about a variety of family law topics, this is the CPE for you!
Do you want to learn about the role paralegals play in the appellate court, recent updates to the North Carolina General Statutes, and rules related to parenting coordinators? How about child custody and visitation rights for third parties and grandparents? Do you have the desire to learn procedures in assisting victims in obtaining domestic violence protective orders? Maybe you are a paralegal new to this practice area and want an introduction to family law. If so, you won’t want to miss this CPE, Keeping it All Together: Today’s Family Law Paralegal.
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.pngParalegals2020-01-22 10:20:582020-02-19 15:09:37Keeping it All Together: Today’s Family Law Paralegal (6.5 Hours of CPE)
It’s fair to say that Jennifer Bennington is passionate about pro bono! As a partner of the Wilson firm of Beaman & Bennington, PLLC, Jennifer focuses her practice on bankruptcy (representing debtors, creditors, and the trustee), non-bankruptcy work-outs, as well as representing Wilson County DSS in juvenile abuse, neglect, and dependency cases, as well as child support cases.
Despite the demands of a thriving practice, Jennifer consistently carves time out of her calendar for pro bono projects. It’s fair to say that when it comes making pro bono a top priority, Jennifer is a frequent flyer!
Jennifer uses her expertise in bankruptcy matters to assist those with limited means. She has donated countless hours to LANC’s Lawyer on the Line program, fielding questions from consumers considering bankruptcy. Jennifer genuinely relishes the opportunity to educate and reassure clients. She has found that bankruptcy is often not the best option for these clients. Many worry that someone is going to come along and take what few things they do have. One client in particular was worried about going to jail for not paying her bills. Educating people on what the law allows creditors to do in collecting debts goes a long way in easing people’s minds, as the unknown is often scarier than reality.
Wellness Committee: The Wellness Committee is hosting a free spin class at Flywheel in Charlotte on February 5, 2020. This event will be part of a statewide initiative promoting the wellness of young attorneys across the state throughout the month of February. Events will be held in Asheville, Winston-Salem, and Raleigh throughout February, stay on the lookout for more updates. A networking hour will follow (details forthcoming) at Leroy Fox after the spin class. Also, attendees of the spin class will be entered into a raffle for a $125 gift card to Flywheel. Space is limited, so sign up here.
Happy 2020! Did you set any New Year’s resolutions? I’m a self-described gym rat and the number of people I see working out invariably spikes this time of year. That is, the treadmills are suddenly completely full, stay that way for a week or two, but then are back to normal just as quickly. Why, by mid-January, do so many of us feel like we’ve already failed to carry out the goals we made just a few short weeks ago? A big reason is because we set our goals way too high – they are unrealistic, and therefore unattainable, from the get-go.
What if, in 2020, we choose instead to start small? I’ve been thinking about this approach after hearing the personal finance guru Dave Ramsey’s advice for getting out of debt, what he calls the “Debt Snowball Method.” He tells people who have multiple debts to tackle the smallest one first, then the next smallest and so forth until they have paid them all off, the largest one last. By getting rid of the smaller ones first you build up momentum, which then motivates you to continue to keep going to the larger ones. The snowball effect is a general principle which applies outside of personal finance as well.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-01-16 10:57:062020-02-19 15:07:49Starting Small In 2020
NCBA Elder and Special Needs Law Section CLE Scholarship Program
The North Carolina Bar Association Elder and Special Needs Law Section (NCBA-EL) recognizes that, although the public perceives lawyers to be among the most affluent members of society, in fact many attorneys struggle to make ends meet, need to pay off large amounts of law school debt, or sometimes suffer from economic hardship due to the poor job market, disabilities or other factors. The NCBA-EL wants membership in, and services from, the Section to be available to attorneys regardless of their ability to pay. We understand that one of the greatest services available for members is the high quality continuing legal education sponsored by the NCBA Foundation. As a result, the NCBA-EL has established a Scholarship program for CLE program tuition for the Section’s 24th Annual Elder & Special Needs Law Symposium on February 20, 2020 and February 21, 2020.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ElderLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngElderLaw2020-01-15 22:50:142020-01-17 16:41:01Elder Law Section CLE Scholarship Program Deadline 1/30
GSA is seeking public comments on modernizing its eRulemaking and will hold public hearings on the topic on January 30 and March 25, 2020. If you have ever commented on a federal rule or been frustrated by the eRulemaking process, this is your chance to make the system better.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-01-15 17:19:502020-01-17 15:56:28Articles and Other Information of Potential Interest for Admin Law Practitioners
What School Attorneys Need to Know about the New Senate Bill 199: An Act to Protect Children from Sexual Abuse (SL 2019-245)
Education Law SectionBy Patricia Robinson
The new Senate Bill 199, which was signed into law on November 7, 2019, has two provisions that all education attorneys need to be aware of: (1) a new requirement, effective December 1, 2019, that adults report potential violent or sexual offenses against child victims to law enforcement; and (2) a requirement that by January 1, 2020, LEAs adopt a child sexual abuse and sex trafficking training program for school personnel who work directly with students, with implementation of the training in the 2020-2021 school year.
New Mandatory Reporting Requirement (§ 14-318.6)
SB 199 requires that “[a]ny person 18 years of age or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse [must] immediately report the case of that juvenile to the appropriate local law enforcement agency.” “Juvenile” is defined as someone under 18 years of age who is not married, emancipated, or a member of the U.S. Armed Forces. For purposes of SB 199, the age of the juvenile at the time of the abuse or offense governs.
Read more
Lawyers for Literacy: Gifting Children a Better Future, One Book at a Time
Paralegal DivisionBy Shawana W. Almendarez
Did you know . . . ?
“85% of juveniles in the criminal system have below-average reading skills.” – U.S. Department of Education
Children “do better academically when they read more . . . and have greater access to books and other reading materials in their environment.” – National Center for Education Studies
“For 85% to 90% of poor readers, prevention and intervention programs implemented before third grade can increase a child’s reading skills to the average grade levels. However, if intervention is delayed until 9 years of age, approximately 75% of children will continue to have difficulties learning to read throughout high school and their adult years.” – Chapin Hall at the University of Chicago Consortium on Chicago School Research
Research has shown that 96% of students who read on grade level by the end of third grade will likely graduate high school on time. If you would like to positively engage with some of North Carolina’s youngest residents, then join the NC Bar Foundation’s Lawyers for Literacy Program as a reading volunteer.
Read more
Being “Uber” Careful with Client Confidential Information
Litigation SectionWhile 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.
Read more
Upcoming Pro Bono Opportunity
Workers' Compensation SectionMallory Lidaka
Samantha Aktug
By Mallory Lidaka and Samantha Aktug
Hello Section Members! We are looking forward to seeing everyone at the upcoming NCBA Conference at the Grandover in a couple of weeks! On behalf of the Pro Bono Committee of the Workers’ Compensation Section, we are excited to announce that we plan to kick off 2020 with a Pro Bono opportunity for our Section Members to accompany our fundraising efforts with Kids’ Chance at the Conference. We are encouraging our Members to participate in the NC Free Legal Answers Pro Bono Program in partnership with the North Carolina Bar Foundation. This Pro Bono Program allows Bar Association members to provide answers to civil legal questions from financially eligible citizens through a website – not by phone. Attorneys may choose from 25 available legal categories and anonymously respond to a question that fits their legal interests. It is a great way to get your Pro Bono time in without leaving your seat at the Conference or even your hotel room!
We are asking our Members to register for Free Legal Answers prior to or at the Conference. Registration takes just a few minutes:
A representative from the NC Bar Foundation will also have a booth set up in the reception space outside the Conference rooms to assist any Member with registration at the Conference. We are then asking our Members to log on and answer at least one question during their time at the Conference to jump start our Section’s Pro Bono efforts for the year. We hope you will help us start the year off right! If you have any questions, please do not hesitate to contact our Pro Bono Subcommittee Chair Mallory Lidaka. See you at the Conference!
Keeping it All Together: Today’s Family Law Paralegal (6.5 Hours of CPE)
Paralegal DivisionBy Peggy Pardue
Are you a North Carolina Certified Paralegal working in family law who likes to earn your credits for the year all at one time? Even if you are not a certified paralegal, you will benefit from this CPE. If you want to hear about a variety of family law topics, this is the CPE for you!
Do you want to learn about the role paralegals play in the appellate court, recent updates to the North Carolina General Statutes, and rules related to parenting coordinators? How about child custody and visitation rights for third parties and grandparents? Do you have the desire to learn procedures in assisting victims in obtaining domestic violence protective orders? Maybe you are a paralegal new to this practice area and want an introduction to family law. If so, you won’t want to miss this CPE, Keeping it All Together: Today’s Family Law Paralegal.
Read more
Pro Bono Volunteer Spotlight: Jennifer Bennington
Pro Bono CommitteePro Bono Project: Lawyer on the Line
It’s fair to say that Jennifer Bennington is passionate about pro bono! As a partner of the Wilson firm of Beaman & Bennington, PLLC, Jennifer focuses her practice on bankruptcy (representing debtors, creditors, and the trustee), non-bankruptcy work-outs, as well as representing Wilson County DSS in juvenile abuse, neglect, and dependency cases, as well as child support cases.
Despite the demands of a thriving practice, Jennifer consistently carves time out of her calendar for pro bono projects. It’s fair to say that when it comes making pro bono a top priority, Jennifer is a frequent flyer!
Jennifer uses her expertise in bankruptcy matters to assist those with limited means. She has donated countless hours to LANC’s Lawyer on the Line program, fielding questions from consumers considering bankruptcy. Jennifer genuinely relishes the opportunity to educate and reassure clients. She has found that bankruptcy is often not the best option for these clients. Many worry that someone is going to come along and take what few things they do have. One client in particular was worried about going to jail for not paying her bills. Educating people on what the law allows creditors to do in collecting debts goes a long way in easing people’s minds, as the unknown is often scarier than reality.
Read more
YLD January E-Blast
Young Lawyers DivisionJanuary 23, 2020 | Diversity & Inclusion Mixer | Greensboro | 5:30 pm
January 23, 2020 | Law Student Division Networking Reception | Cary | 5:00 pm
February 5, 2020 | YLD Wellness Flywheel Class & Happy Hour | Charlotte | 6:45 pm
February 20, 2020 | “From Attorney to Elected Official” Panel | Charlotte | 6:00 pm
COMMITTEE AND SECTION UPDATES
Wellness Committee: The Wellness Committee is hosting a free spin class at Flywheel in Charlotte on February 5, 2020. This event will be part of a statewide initiative promoting the wellness of young attorneys across the state throughout the month of February. Events will be held in Asheville, Winston-Salem, and Raleigh throughout February, stay on the lookout for more updates. A networking hour will follow (details forthcoming) at Leroy Fox after the spin class. Also, attendees of the spin class will be entered into a raffle for a $125 gift card to Flywheel. Space is limited, so sign up here.
Read more
Starting Small In 2020
Intellectual Property Law SectionHappy 2020! Did you set any New Year’s resolutions? I’m a self-described gym rat and the number of people I see working out invariably spikes this time of year. That is, the treadmills are suddenly completely full, stay that way for a week or two, but then are back to normal just as quickly. Why, by mid-January, do so many of us feel like we’ve already failed to carry out the goals we made just a few short weeks ago? A big reason is because we set our goals way too high – they are unrealistic, and therefore unattainable, from the get-go.
What if, in 2020, we choose instead to start small? I’ve been thinking about this approach after hearing the personal finance guru Dave Ramsey’s advice for getting out of debt, what he calls the “Debt Snowball Method.” He tells people who have multiple debts to tackle the smallest one first, then the next smallest and so forth until they have paid them all off, the largest one last. By getting rid of the smaller ones first you build up momentum, which then motivates you to continue to keep going to the larger ones. The snowball effect is a general principle which applies outside of personal finance as well.
Read more
Elder Law Section CLE Scholarship Program Deadline 1/30
Elder & Special Needs LawNCBA Elder and Special Needs Law Section CLE Scholarship Program
The North Carolina Bar Association Elder and Special Needs Law Section (NCBA-EL) recognizes that, although the public perceives lawyers to be among the most affluent members of society, in fact many attorneys struggle to make ends meet, need to pay off large amounts of law school debt, or sometimes suffer from economic hardship due to the poor job market, disabilities or other factors. The NCBA-EL wants membership in, and services from, the Section to be available to attorneys regardless of their ability to pay. We understand that one of the greatest services available for members is the high quality continuing legal education sponsored by the NCBA Foundation. As a result, the NCBA-EL has established a Scholarship program for CLE program tuition for the Section’s 24th Annual Elder & Special Needs Law Symposium on February 20, 2020 and February 21, 2020.
Read more
Articles and Other Information of Potential Interest for Admin Law Practitioners
Administrative LawGSA Wants Public Feedback on its eRulemaking Modernization Effort. Brandi Vincent, Nextgov.com. December 30, 2019.
GSA is seeking public comments on modernizing its eRulemaking and will hold public hearings on the topic on January 30 and March 25, 2020. If you have ever commented on a federal rule or been frustrated by the eRulemaking process, this is your chance to make the system better.
Trump uses North Carolina’s Basnight Bridge to justify change in environmental rules
By Lynn Bonner. Durham Herald-Sun. January 09, 2020.
Read more