“Wellness.” “Well-being.” “Mental health.” “Self-care.” With the entirely new way of life that the COVID-19 pandemic has brought to the world, I have noticed that terms like these are being used more than ever before. This focus may be new to some, but the legal industry is no stranger to never-ending conversations regarding the health and well-being of lawyers.
Indeed, prior to the pandemic, I could not think of the term “wellness” outside of the context of my fledgling career as a young attorney. For me, “wellness” referred to the affirmative actions I could take to protect myself from the stresses and strains that can accompany being a lawyer. For example, instead of installing my work email on my phone, I opted to get a second phone provided by my firm, so that I could have a literal physical boundary between my personal life and the office. So, when the pandemic started, references to mental and physical wellness — from social media posts and employer email blasts, to commercials on TV with the message, “It’s OK to not be OK” — largely fell on my figuratively deaf ears. As a young lawyer, I sometimes feel inundated by sources from both inside and outside the legal field that tell me I must focus on wellness and mental health, or else I will face dire consequences. As a result, when the self-care messaging increased in the wake of COVID-19, I felt that I was already an expert in practicing wellness. I did not believe that this bizarre time brought on by the pandemic would be any more of a challenge to my wellness than the legal industry already poses to it.
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 YLD2020-10-16 13:50:472020-10-16 14:02:37Rediscovering the Power of Self-Care
“On Neglecting Regulatory Benefits,” Administrative Law Review, Summer 2020, ABA Administrative Law & Regulatory Practice Section and American University Washington College of Law.
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.pngAdministrative2020-10-15 16:12:282020-10-15 16:12:28Hey, Did You Read This? Administrative Law Related Articles of Interest
Nonprofit organizations generally must file a Form 1023 with the IRS to obtain federal tax-exempt status under Section 501(c)(3). However, such status may not be eternal. Tax-exempt status is automatically revoked when a charity does not file the required Form 990 series return or notice for three consecutive years. The IRS publishes a list of charities whose tax-exempt status has been revoked. As one can imagine, that can be overwhelming for a charity that needs to assure its donors their donations are eligible for the charitable tax deduction. Luckily, the IRS has established four procedures in Revenue Procedure 2014-11 for the reinstatement of an organization’s tax-exempt status.
The first is streamlined retroactive reinstatement. That is available only for organizations that should have filed Form 990-EZ or Form 990-N (ePostcard) for the three years for which returns were not filed. These charities are eligible to file Form 1023 or 1023-EZ and mark the appropriate box to have their exempt status retroactively reinstated. Such charities will be treated as if they never lost their exempt status.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2020-10-13 14:31:042020-10-13 14:31:04Reinstatement of 501(c)(3) Status for Charitable Organizations
The Communications Committee has just made it easier for members to submit nominations for Paralegal Spotlight and proposed blog posts. Here’s the scoop.
Nominate a Paralegal for Paralegal Spotlight
Paralegal Spotlight is a monthly blog publication designed to inspire virtual networking by showcasing paralegal division members on the Paralegal Division blog. This is a great opportunity for members to share more about their personal and professional goals, technology tips, interests, great accomplishments, volunteer work, and the like. Our paralegal members have a wonderful variety of talents, skills, and interests, and we look forward to learning more about you!
To make the process easy, we’ve created two forms: a Paralegal Spotlight Nominations Form and a Paralegal Spotlight Questionnaire. Complete the nomination form if you are nominating another paralegal in the Division. In that case, the paralegal you nominate will be contacted to complete the questionnaire. Complete the Paralegal Spotlight Questionnaire if you are nominating yourself.
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.pngParalegals2020-10-13 14:29:542020-10-13 14:29:54New! – A Call for Paralegal Spotlight Nominations and Blog Post Submissions
Why are you involved in the NCBA? I am involved in the NCBA because I believe it is especially critical that as prospective attorneys, student leaders promote a richer and more effective association that increases the association’s strengths, capabilities, and adaptability. This priority can more effectively address member and societal needs with the varied perspectives, experiences, knowledge, and understanding inherent in diverse coalitions. I want to assume other leadership roles within the organization in the future and believe this opportunity provides me with the experience needed.
What advice would you give to a 1L? Always remember your “why” when challenges arise and let that serve as your guidepost for achieving your potential, growth, and success.
What is your area of practice interest? My area of practice interests are civil rights litigation, constitutional litigation, and appellate litigation.
Why did you go to law school? I pursued law school because I believe the law and advocacy are the most powerful weapons that can be wielded against the inequitable and unjust social conditions harming marginalized groups. I want to serve people in the role of an advocate to promote greater and more equal access to justice.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Macy Abernethyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMacy Abernethy2020-10-12 16:02:572020-10-27 09:54:26Meet Your 2020-21 Law Student Reps
Happy October from the NCBA Family Law Section’s CLE committee! We have some exciting updates to share about upcoming CLEs:
Practical Magic: The 2020 Essentials of Family Law will be offered via live webcast on November 5-6. This biannual 2-day program has been updated and refreshed to include in-depth coverage of the statutory Chapter 50 claims, plus presentation on new topics such as domestic violence, technology, evidence, third-party claims, appellate issues, and so much more! Register online here.
The Family Law Section Annual Meeting is scheduled for live webcast on April 30, 2021. This program has been condensed into a 1-day format offering 6.25 hours of CLE credit, including 1.0 hours of substance abuse/mental health credit. Katherine Frye & Jill Jackson are planning an exciting program for our section!
If you have ideas for a great CLE topic, speaker, presentation or course theme, please let us know! Our next meeting is at 1 p.m. on November 18, 2020, via Zoom. All are welcome to join the CLE committee to help plan future CLE courses. We hope to see you soon at an upcoming program!
As a child’s attorney, I read an article by the child psychiatrist, Dr. Roy Lubit, with interest. The article is entitled “Valid and invalid ways to assess the reason a child rejects a parent: The continued malignant role of ‘parental alienation syndrome’” and is available in the Journal of Child Custody, 16(1): pages 42-66. Lubit’s article is loosely based on his review of fourteen child custody evaluations in which the forensic evaluator concluded the child had rejected a parent because of “parental alienation.” Lubit exposes the seriously flawed methodology and implicit bias which, he argues, led the evaluators to interpret the facts of the custody case through the lens of “parental alienation,” and to reach the foregone conclusion that “parental alienation” was responsible for the child’s rejection of a parent. By contrast, Lubit explores how a child’s rejection of visitation with a parent is much more often motivated by one of the following reasons: a) the child’s desire to remain with their primary attachment figure; or b) the child’s justified estrangement from a parent as a result of mistreatment or abuse; or c) a parent with major parenting deficiencies. As Lubit remarks: “[t]ragically for both justice and the welfare of children, conclusions concerning why a child rejects a parent frequently have more to do with who is doing the evaluation than the facts of the case and current scientific knowledge” (10).
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.pngFamilyLaw2020-10-06 14:49:312022-06-02 12:06:48When Children Reject Contact With a Parent
On October 22, 2020, the NCBA Workers’ Compensation Section is hosting a free webinar (not approved for CLE credit) featuring Deputy Commissioner Kevin Howell of the North Carolina Industrial Commission. Deputy Commissioner Howell will be presenting “Practical Tips and Considerations for Webex Hearings.” Due to COVID-19, the majority of NCIC hearings are being held via video conference on the Webex platform. All are invited to learn from Deputy Commissioner Howell’s experiences with the platform and be better able to prepare their case and clients for hearings to come. There will be a questions and answer portion at the end of webinar. Please be sure to sign up here. We look forward to your participation and engagement!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-10-06 14:24:492020-10-06 14:24:49Webinar: Practical Tips and Considerations for Webex Hearings
Process servers are an important part of the legal process. Hiring an experienced process server can mean the difference between having your matter heard or having your matter continued or dismissed.
In some situations, process servers provide defendants with notice of a pending lawsuit and uphold due process of law. Other times process servers serve amended pleadings, orders, hearing notices, subpoenas and other tools of discovery, or “other papers.”
Many times process servers are hired to meet a procedural requirement. Other times they are hired in an abundance of caution to make sure the opposing party receives a demand letter, pre-litigation notice, or even motions and orders.
Don’t We Have Sheriff’s Deputies for That?
When procedural rules allow the use of process servers, they can work closely with an attorney or paralegal to plan a course of action that increases the chance of a favorable outcome. Process servers have much more flexibility than a sheriff’s deputy or delivery service. A sheriff’s deputy or delivery service will have other duties and are usually unable to serve your target at the precise time needed, especially if there is a narrow window of opportunity. Process servers also have the ability to wait for targets to show up at designated locations if the target is not immediately available.
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.pngParalegals2020-10-06 10:51:462020-10-06 10:51:46Best Practices for Working with a Process Server
Members of the Sports & Entertainment Law Section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL members.
Rediscovering the Power of Self-Care
Young Lawyers Division“Wellness.” “Well-being.” “Mental health.” “Self-care.” With the entirely new way of life that the COVID-19 pandemic has brought to the world, I have noticed that terms like these are being used more than ever before. This focus may be new to some, but the legal industry is no stranger to never-ending conversations regarding the health and well-being of lawyers.
Indeed, prior to the pandemic, I could not think of the term “wellness” outside of the context of my fledgling career as a young attorney. For me, “wellness” referred to the affirmative actions I could take to protect myself from the stresses and strains that can accompany being a lawyer. For example, instead of installing my work email on my phone, I opted to get a second phone provided by my firm, so that I could have a literal physical boundary between my personal life and the office. So, when the pandemic started, references to mental and physical wellness — from social media posts and employer email blasts, to commercials on TV with the message, “It’s OK to not be OK” — largely fell on my figuratively deaf ears. As a young lawyer, I sometimes feel inundated by sources from both inside and outside the legal field that tell me I must focus on wellness and mental health, or else I will face dire consequences. As a result, when the self-care messaging increased in the wake of COVID-19, I felt that I was already an expert in practicing wellness. I did not believe that this bizarre time brought on by the pandemic would be any more of a challenge to my wellness than the legal industry already poses to it.
Read more
Hey, Did You Read This? Administrative Law Related Articles of Interest
Administrative LawBusiness Court Narrows How Public Records Act Applies to Entities with Government Ties
It Can Be Difficult to Revoke a Police Officer’s License. Some States Are Trying to Make it Easier.
New telling of Perry Mason’s tale makes case against licensing burdens
“On Neglecting Regulatory Benefits,” Administrative Law Review, Summer 2020, ABA Administrative Law & Regulatory Practice Section and American University Washington College of Law.
COVID-19 should spell the end of a controversial teacher licensure requirement in NC
Read more
Reinstatement of 501(c)(3) Status for Charitable Organizations
Tax SectionNonprofit organizations generally must file a Form 1023 with the IRS to obtain federal tax-exempt status under Section 501(c)(3). However, such status may not be eternal. Tax-exempt status is automatically revoked when a charity does not file the required Form 990 series return or notice for three consecutive years. The IRS publishes a list of charities whose tax-exempt status has been revoked. As one can imagine, that can be overwhelming for a charity that needs to assure its donors their donations are eligible for the charitable tax deduction. Luckily, the IRS has established four procedures in Revenue Procedure 2014-11 for the reinstatement of an organization’s tax-exempt status.
The first is streamlined retroactive reinstatement. That is available only for organizations that should have filed Form 990-EZ or Form 990-N (ePostcard) for the three years for which returns were not filed. These charities are eligible to file Form 1023 or 1023-EZ and mark the appropriate box to have their exempt status retroactively reinstated. Such charities will be treated as if they never lost their exempt status.
Read more
New! – A Call for Paralegal Spotlight Nominations and Blog Post Submissions
Paralegal DivisionThe Communications Committee has just made it easier for members to submit nominations for Paralegal Spotlight and proposed blog posts. Here’s the scoop.
Nominate a Paralegal for Paralegal Spotlight
Paralegal Spotlight is a monthly blog publication designed to inspire virtual networking by showcasing paralegal division members on the Paralegal Division blog. This is a great opportunity for members to share more about their personal and professional goals, technology tips, interests, great accomplishments, volunteer work, and the like. Our paralegal members have a wonderful variety of talents, skills, and interests, and we look forward to learning more about you!
To make the process easy, we’ve created two forms: a Paralegal Spotlight Nominations Form and a Paralegal Spotlight Questionnaire. Complete the nomination form if you are nominating another paralegal in the Division. In that case, the paralegal you nominate will be contacted to complete the questionnaire. Complete the Paralegal Spotlight Questionnaire if you are nominating yourself.
Read more
Meet Your 2020-21 Law Student Reps
Young Lawyers DivisionBy Macy Abernethy
Campbell University
Robyn Sanders
Why are you involved in the NCBA? I am involved in the NCBA because I believe it is especially critical that as prospective attorneys, student leaders promote a richer and more effective association that increases the association’s strengths, capabilities, and adaptability. This priority can more effectively address member and societal needs with the varied perspectives, experiences, knowledge, and understanding inherent in diverse coalitions. I want to assume other leadership roles within the organization in the future and believe this opportunity provides me with the experience needed.
What advice would you give to a 1L? Always remember your “why” when challenges arise and let that serve as your guidepost for achieving your potential, growth, and success.
What is your area of practice interest? My area of practice interests are civil rights litigation, constitutional litigation, and appellate litigation.
Why did you go to law school? I pursued law school because I believe the law and advocacy are the most powerful weapons that can be wielded against the inequitable and unjust social conditions harming marginalized groups. I want to serve people in the role of an advocate to promote greater and more equal access to justice.
Read more
Family Law CLE Schedule
Family Law SectionHappy October from the NCBA Family Law Section’s CLE committee! We have some exciting updates to share about upcoming CLEs:
Practical Magic: The 2020 Essentials of Family Law will be offered via live webcast on November 5-6. This biannual 2-day program has been updated and refreshed to include in-depth coverage of the statutory Chapter 50 claims, plus presentation on new topics such as domestic violence, technology, evidence, third-party claims, appellate issues, and so much more! Register online here.
The Family Law Section Annual Meeting is scheduled for live webcast on April 30, 2021. This program has been condensed into a 1-day format offering 6.25 hours of CLE credit, including 1.0 hours of substance abuse/mental health credit. Katherine Frye & Jill Jackson are planning an exciting program for our section!
If you have ideas for a great CLE topic, speaker, presentation or course theme, please let us know! Our next meeting is at 1 p.m. on November 18, 2020, via Zoom. All are welcome to join the CLE committee to help plan future CLE courses. We hope to see you soon at an upcoming program!
When Children Reject Contact With a Parent
Family Law SectionAs a child’s attorney, I read an article by the child psychiatrist, Dr. Roy Lubit, with interest. The article is entitled “Valid and invalid ways to assess the reason a child rejects a parent: The continued malignant role of ‘parental alienation syndrome’” and is available in the Journal of Child Custody, 16(1): pages 42-66. Lubit’s article is loosely based on his review of fourteen child custody evaluations in which the forensic evaluator concluded the child had rejected a parent because of “parental alienation.” Lubit exposes the seriously flawed methodology and implicit bias which, he argues, led the evaluators to interpret the facts of the custody case through the lens of “parental alienation,” and to reach the foregone conclusion that “parental alienation” was responsible for the child’s rejection of a parent. By contrast, Lubit explores how a child’s rejection of visitation with a parent is much more often motivated by one of the following reasons: a) the child’s desire to remain with their primary attachment figure; or b) the child’s justified estrangement from a parent as a result of mistreatment or abuse; or c) a parent with major parenting deficiencies. As Lubit remarks: “[t]ragically for both justice and the welfare of children, conclusions concerning why a child rejects a parent frequently have more to do with who is doing the evaluation than the facts of the case and current scientific knowledge” (10).
Read more
Webinar: Practical Tips and Considerations for Webex Hearings
Workers' Compensation SectionOn October 22, 2020, the NCBA Workers’ Compensation Section is hosting a free webinar (not approved for CLE credit) featuring Deputy Commissioner Kevin Howell of the North Carolina Industrial Commission. Deputy Commissioner Howell will be presenting “Practical Tips and Considerations for Webex Hearings.” Due to COVID-19, the majority of NCIC hearings are being held via video conference on the Webex platform. All are invited to learn from Deputy Commissioner Howell’s experiences with the platform and be better able to prepare their case and clients for hearings to come. There will be a questions and answer portion at the end of webinar. Please be sure to sign up here. We look forward to your participation and engagement!
Best Practices for Working with a Process Server
Paralegal DivisionBy Tracker Legal Services
What Do Process Servers Do?
Process servers are an important part of the legal process. Hiring an experienced process server can mean the difference between having your matter heard or having your matter continued or dismissed.
In some situations, process servers provide defendants with notice of a pending lawsuit and uphold due process of law. Other times process servers serve amended pleadings, orders, hearing notices, subpoenas and other tools of discovery, or “other papers.”
Many times process servers are hired to meet a procedural requirement. Other times they are hired in an abundance of caution to make sure the opposing party receives a demand letter, pre-litigation notice, or even motions and orders.
Don’t We Have Sheriff’s Deputies for That?
When procedural rules allow the use of process servers, they can work closely with an attorney or paralegal to plan a course of action that increases the chance of a favorable outcome. Process servers have much more flexibility than a sheriff’s deputy or delivery service. A sheriff’s deputy or delivery service will have other duties and are usually unable to serve your target at the precise time needed, especially if there is a narrow window of opportunity. Process servers also have the ability to wait for targets to show up at designated locations if the target is not immediately available.
Read more
Articles of Interest (September 2020)
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law Section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL members.