I flunked out of law school in 2014. Now, in 2020, I’m a licensed attorney and a law clerk to the Honorable Reuben F. Young on the North Carolina Court of Appeals. The story of how I got to where I am today is significant and life-changing.
We are more than our setbacks. Those of us who have faced a perceived “failure,” including those who have been academically dismissed or had to sit for the bar exam more than once, should stand just as much of a chance as those who did not. “Qualifications” are extremely important, but seeing a person as more than a resume is important, too.
North Carolina Central University School of Law gave me not one but two chances to achieve my dreams. During my 1L year, I did the required reading and prepared to respond to cold calls, but I did not study effectively for exams. I worked hard but not smart, and I was ultimately dismissed. When I was readmitted to law school in 2016, I was so focused on my grades that I did not build my resume by becoming involved in many student organizations or other extracurricular activities. When it was time to apply for post-graduation jobs, I was just an average candidate, but that did not stop Judge Young from giving me the opportunity of a lifetime. In one hiring decision, he changed the whole trajectory of my career.
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 YLD2020-09-23 15:40:302020-09-25 16:07:24YLD Member Perspective: A Holistic Approach to Hiring
Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and Association.
Each month, we select one amazing paralegal from among our membership and ask them to share a little about their personal and professional life. Join Paralegal Spotlight as we learn more about member talents, skills, personal and professional goals, technology tips, accomplishments, volunteer work, and more.
This month’s Paralegal Spotlight is on Brittany Mitchell, NCCP.
Position Title: North Carolina Certified Paralegal and Office Manager
Major Duties: I assist lawyers with comprising information and documents for mediation, arbitrations, trials, real estate closings, etc., serve secretarial duties and communicate with clients and potential new clients in reference to auto accidents, business and corporate law, construction litigation, dog bites, fire loss & casualty claims, improperly built or maintained premises, inadequate premises security, lemon law cases, medical malpractice, motorcycle and bicycle accidents, nursing home abuse/neglect, personal injury, slip and fall, traffic violations, trucking accidents, unfair and deceptive trade practices, real estate closings and wrongful death matters. I help manage client files, perform basic office duties, complete banking and office accounting and oversee administrative duties.
The Minorities in the Profession Committee (MIP) is gearing up for another exciting year as one of the most active committees in the North Carolina Bar Association. This year will bring unique challenges for our members. Many of us are still adjusting to the “new normal” of living, working, and educating our children in a digital world due to a global pandemic. We’re also experiencing one of the largest social justice movements in modern history, which has deeply impacted attorneys of color and our allies. Recognizing these challenges, MIP remains more committed than ever to providing a safe, supportive space for our members.
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 MIP2020-09-22 10:58:042020-09-22 10:58:04New Year and New Goals for the Minorities in the Profession Committee
Ketan Soni and Andrew Brendle Announce New Firm, Soni Brendle, PLLC
Soni Brendle, PLLC opened its doors for business in February of 2020. The firm focuses on family law, business litigation, estate planning and dispute resolution and has offices in both Charlotte and Winston-Salem.
Ketan Soni brings 20 years of family law and estate planning experience across North Carolina. His experience includes divorce, separation and premarital agreements, equitable distribution, custody and child support. Ketan frequently mediates for other attorneys as a Superior Court and Family Financial Mediator. He has created the free NC Child Support Calculator, custody calendaring tool, and net income calculator for alimony. Soni has taught CLE and Continuing Mediation Education, including a 40-hour Family Financial Mediation class. Soni graduated from Wake Forest University School of Law with a Juris Doctorate and the University of Illinois at Urbana-Champaign with a Bachelor of Arts in philosophy.
Andrew Brendle is a trial and appellate lawyer and a family law and business litigator. Prior to the firm, Brendle practiced in Charlotte with Hull & Chandler, P.A. Brendle graduated from Campbell Law School with a Juris Doctorate and from Hampden-Sydney College with a Bachelor of Arts in political science.
Patti Ramseur and Alex Maultsby Open New Firm
Patti Ramseur and Alex Maultsby launched Ramseur Maultsby LLP in September 2020, focusing on employment law, after each practiced for over seventeen years with Smith Moore Leatherwood and, more recently, Fox Rothschild. In their new firm, they will continue to engage in employment litigation, counseling, and training. Patti and Alex are longtime North Carolinians. Ramseur graduated from North Carolina State University and Wake Forest University School of Law; Maultsby graduated from Davidson College and the University of North Carolina School of Law.
I almost hate to bring it up. For two to three years, it was all that any of us, as administrative lawyers, heard, almost ad nauseam. For anyone who attended some kind of national group representing occupational and professional licensing boards, there would be a collective groan when the other attendees found out you were from North Carolina.
Yes, that’s right, I am referring to the United States Supreme Court’s opinion in North Carolina Board of Dental Examiners v. FTC, truly a seminal case in the area of administrative law and occupational and professional licensing.
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.pngAdministrative2020-09-18 16:34:162020-09-18 16:49:24DB II: Just When You Thought It Was Safe to Go Back in the Water
The General Assembly convened its short session on April 28, 2020, and adjourned sine die on Thursday, September 3. This means any additional legislative sessions for the year would require either the Governor to call the legislature back in session or three-fifths of the legislators in each chamber to request to come back for an extra session.
This blog post reflects legislation ratified before September 2, 2020, so it does not include information on S.L. 2020-97 (HB 1005). Click here for more information about the provisions of that bill.
Addresses statutory issues that had to be temporarily modified due to COVID-19, such as the school calendar, standardized testing, and licensure issues.
Appropriates funds for COVID-19 support including school nutrition services, a supplemental summer learning program, and electronic devices to support student learning. Read more
During an economic recession, the best tool for valuing a business is a discounted cash flow (DCF) analysis. A DCF analysis is the only valuation method that allows a financial expert to develop customized financial projections for the business that account for both the economic downturn and the eventual recovery. This article describes the DCF analysis. I also address a common misunderstanding about whether it is legally permissible to use financial projections to value a business in an equitable distribution case. As I explain, using financial projections to value a business does not run afoul of the directive found in Poore to value business goodwill “by taking into account past results, and not the postmarital efforts of the professional spouse[.]” Poore v. Poore, 75 N.C.App. 414, 421 (1985). Using a DCF analysis to value a business on the basis of its projected income is perfectly consistent with North Carolina law, as long as the projections account for a reasonable compensation for the business owner spouse.
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.pngFamilyLaw2020-09-16 13:59:372020-09-16 13:59:37Valuing a Business During a Recession: Using Projected Business Income Without Valuing Postmarital Efforts
“There can be no life without change, and to be afraid of what is different or unfamiliar is to be afraid of life.” – Theodore Roosevelt
In January, when I began to think about my plans and goals for my term as Chair of the NCBA Litigation Section, I had no idea that COVID-19 would pull the rug out from under me.
The worldwide pandemic unfortunately means that at least for this year, we can’t continue our popular networking socials, group attendance at sporting events, and in-person CLEs. The NCBA recently indicated that no in-person events may be planned for the remainder of the Bar Year (ending June 30, 2021).
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.pngLitigation2020-09-15 15:46:162020-09-15 17:18:17Adapting Our Section and Practices to the New Reality
This is a reminder that today is the deadline to submit a response to the Secretary of State’s E-closing survey as described in my blog post of September 4. Your feedback is vital as we consider measures to facilitate remote closings now and in the future. If you have not done so, please take a few minutes to respond to the survey at https://www.surveymonkey.com/r/ZQ3KZ9D [if the survey does not automatically launch, just right click on it, and select “open hyperlink”].
The deadline to submit the survey is today, September 14, 2020.
We appreciate and value your opinions on this important topic.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00RealPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRealProperty2020-09-14 15:03:102020-09-14 15:03:10Reminder to Respond to E-Closing Survey
A recent social discussion with a few mediators raised an interesting question that comes up often. When you are contacted to mediate a case, at what point does your obligation to maintain confidentiality attach? Is it when the parties sign and file a designation of mediator? When they sign your mediation agreement? When everyone shows up on the day of the mediated settlement conference?
Answer: Confidentiality attaches immediately, the moment you are contacted in your capacity as a mediator. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2020-09-14 14:42:572020-09-14 14:42:57The Mediator's Duty of Confidentiality – When Does It Attach?
YLD Member Perspective: A Holistic Approach to Hiring
Featured Posts, Young Lawyers DivisionI flunked out of law school in 2014. Now, in 2020, I’m a licensed attorney and a law clerk to the Honorable Reuben F. Young on the North Carolina Court of Appeals. The story of how I got to where I am today is significant and life-changing.
We are more than our setbacks. Those of us who have faced a perceived “failure,” including those who have been academically dismissed or had to sit for the bar exam more than once, should stand just as much of a chance as those who did not. “Qualifications” are extremely important, but seeing a person as more than a resume is important, too.
North Carolina Central University School of Law gave me not one but two chances to achieve my dreams. During my 1L year, I did the required reading and prepared to respond to cold calls, but I did not study effectively for exams. I worked hard but not smart, and I was ultimately dismissed. When I was readmitted to law school in 2016, I was so focused on my grades that I did not build my resume by becoming involved in many student organizations or other extracurricular activities. When it was time to apply for post-graduation jobs, I was just an average candidate, but that did not stop Judge Young from giving me the opportunity of a lifetime. In one hiring decision, he changed the whole trajectory of my career.
Read more
Paralegal Spotlight: Brittany Mitchell, NCCP
Paralegal DivisionParalegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and Association.
Each month, we select one amazing paralegal from among our membership and ask them to share a little about their personal and professional life. Join Paralegal Spotlight as we learn more about member talents, skills, personal and professional goals, technology tips, accomplishments, volunteer work, and more.
This month’s Paralegal Spotlight is on Brittany Mitchell, NCCP.
Position Title: North Carolina Certified Paralegal and Office Manager
Major Duties: I assist lawyers with comprising information and documents for mediation, arbitrations, trials, real estate closings, etc., serve secretarial duties and communicate with clients and potential new clients in reference to auto accidents, business and corporate law, construction litigation, dog bites, fire loss & casualty claims, improperly built or maintained premises, inadequate premises security, lemon law cases, medical malpractice, motorcycle and bicycle accidents, nursing home abuse/neglect, personal injury, slip and fall, traffic violations, trucking accidents, unfair and deceptive trade practices, real estate closings and wrongful death matters. I help manage client files, perform basic office duties, complete banking and office accounting and oversee administrative duties.
Read more
New Year and New Goals for the Minorities in the Profession Committee
Minorities In the ProfessionJasmine McGhee
LaToya Powell
By Jasmine McGhee and LaToya Powell
The Minorities in the Profession Committee (MIP) is gearing up for another exciting year as one of the most active committees in the North Carolina Bar Association. This year will bring unique challenges for our members. Many of us are still adjusting to the “new normal” of living, working, and educating our children in a digital world due to a global pandemic. We’re also experiencing one of the largest social justice movements in modern history, which has deeply impacted attorneys of color and our allies. Recognizing these challenges, MIP remains more committed than ever to providing a safe, supportive space for our members.
Read more
Checking In: September 22, 2020
Checking InCompiled by Jessica Junqueira
Ketan Soni and Andrew Brendle Announce New Firm, Soni Brendle, PLLC
Soni Brendle, PLLC opened its doors for business in February of 2020. The firm focuses on family law, business litigation, estate planning and dispute resolution and has offices in both Charlotte and Winston-Salem.
Ketan Soni brings 20 years of family law and estate planning experience across North Carolina. His experience includes divorce, separation and premarital agreements, equitable distribution, custody and child support. Ketan frequently mediates for other attorneys as a Superior Court and Family Financial Mediator. He has created the free NC Child Support Calculator, custody calendaring tool, and net income calculator for alimony. Soni has taught CLE and Continuing Mediation Education, including a 40-hour Family Financial Mediation class. Soni graduated from Wake Forest University School of Law with a Juris Doctorate and the University of Illinois at Urbana-Champaign with a Bachelor of Arts in philosophy.
Andrew Brendle is a trial and appellate lawyer and a family law and business litigator. Prior to the firm, Brendle practiced in Charlotte with Hull & Chandler, P.A. Brendle graduated from Campbell Law School with a Juris Doctorate and from Hampden-Sydney College with a Bachelor of Arts in political science.
Patti Ramseur and Alex Maultsby Open New Firm
Read more
DB II: Just When You Thought It Was Safe to Go Back in the Water
Administrative LawI almost hate to bring it up. For two to three years, it was all that any of us, as administrative lawyers, heard, almost ad nauseam. For anyone who attended some kind of national group representing occupational and professional licensing boards, there would be a collective groan when the other attendees found out you were from North Carolina.
Yes, that’s right, I am referring to the United States Supreme Court’s opinion in North Carolina Board of Dental Examiners v. FTC, truly a seminal case in the area of administrative law and occupational and professional licensing.
Read more
2020 Short Session Education Legislation
Education Law SectionThe General Assembly convened its short session on April 28, 2020, and adjourned sine die on Thursday, September 3. This means any additional legislative sessions for the year would require either the Governor to call the legislature back in session or three-fifths of the legislators in each chamber to request to come back for an extra session.
This blog post reflects legislation ratified before September 2, 2020, so it does not include information on S.L. 2020-97 (HB 1005). Click here for more information about the provisions of that bill.
K-12
S.L. 2020-3 (SB 704) (COVID-19 Recovery Act)
Addresses statutory issues that had to be temporarily modified due to COVID-19, such as the school calendar, standardized testing, and licensure issues.
S.L. 2020-4 (HB 1043) (2020 COVID-19 Recovery Act)
Appropriates funds for COVID-19 support including school nutrition services, a supplemental summer learning program, and electronic devices to support student learning. Read more
Valuing a Business During a Recession: Using Projected Business Income Without Valuing Postmarital Efforts
Family Law SectionDuring an economic recession, the best tool for valuing a business is a discounted cash flow (DCF) analysis. A DCF analysis is the only valuation method that allows a financial expert to develop customized financial projections for the business that account for both the economic downturn and the eventual recovery. This article describes the DCF analysis. I also address a common misunderstanding about whether it is legally permissible to use financial projections to value a business in an equitable distribution case. As I explain, using financial projections to value a business does not run afoul of the directive found in Poore to value business goodwill “by taking into account past results, and not the postmarital efforts of the professional spouse[.]” Poore v. Poore, 75 N.C.App. 414, 421 (1985). Using a DCF analysis to value a business on the basis of its projected income is perfectly consistent with North Carolina law, as long as the projections account for a reasonable compensation for the business owner spouse.
Read more
Adapting Our Section and Practices to the New Reality
Litigation Section“There can be no life without change, and to be afraid of what is different or unfamiliar is to be afraid of life.” – Theodore Roosevelt
In January, when I began to think about my plans and goals for my term as Chair of the NCBA Litigation Section, I had no idea that COVID-19 would pull the rug out from under me.
The worldwide pandemic unfortunately means that at least for this year, we can’t continue our popular networking socials, group attendance at sporting events, and in-person CLEs. The NCBA recently indicated that no in-person events may be planned for the remainder of the Bar Year (ending June 30, 2021).
Read more
Reminder to Respond to E-Closing Survey
Real PropertyThis is a reminder that today is the deadline to submit a response to the Secretary of State’s E-closing survey as described in my blog post of September 4. Your feedback is vital as we consider measures to facilitate remote closings now and in the future. If you have not done so, please take a few minutes to respond to the survey at https://www.surveymonkey.com/r/ZQ3KZ9D [if the survey does not automatically launch, just right click on it, and select “open hyperlink”].
The deadline to submit the survey is today, September 14, 2020.
We appreciate and value your opinions on this important topic.
The Mediator’s Duty of Confidentiality – When Does It Attach?
Dispute Resolution SectionBy Dauna Bartley
A recent social discussion with a few mediators raised an interesting question that comes up often. When you are contacted to mediate a case, at what point does your obligation to maintain confidentiality attach? Is it when the parties sign and file a designation of mediator? When they sign your mediation agreement? When everyone shows up on the day of the mediated settlement conference?
Answer: Confidentiality attaches immediately, the moment you are contacted in your capacity as a mediator. Read more