This is the second piece in a series of three blog posts titled “Thoughts on Being an Effective Local Government Attorney and How to Best Work with Your Local Government Attorney,” written by Don O’Toole, who retired in January 2024 after 13 years with the Durham City Attorney’s Office. Part I was posted on October 10, 2024.
No. 2. Requests for Legal Interpretations of the Unified Development Ordinance (UDO)
I was frequently asked by outside parties to provide legal interpretations of the language in Durham’s UDO. Our UDO let me off the hook because the UDO clearly states that it is the Planning Director’s purview to make these interpretations. I worked with three excellent Planning Directors who would draft their written interpretations and then share them with me for double-checking. I cannot recall a single Planning Director interpretation with which I disagreed during my time with the city. We had a cell tower case years ago in which opponents did not agree that a cell tower, made to look like a pine tree, met the UDO’s definition of a “concealed” cell tower. An official interpretation from the Planning Director was requested and issued. The opponents then proceeded to appeal the Planning Director’s interpretation that the tower did meet the UDO’s definition of “concealed” to the City’s Board of Adjustment, in Durham Superior Court, and then finally to the NC Court of Appeals. The Planning Director’s interpretation was upheld at each stage.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2025-01-02 15:50:432025-01-02 16:05:25Thoughts on Being an Effective Local Government Attorney: Part II
The North Carolina General Assembly adjourned the 2024 legislative session “sine die,” or for the final time, on Friday, December 13, with plans already set for the 2025 legislative session to begin in early January. Despite the 2024 session being a legislative “short session,” NCGA members met almost every month in 2024 and passed a total of 58 bills (which has been summarized by NCGA staff). The NCGA did not pass a new state budget package this year, but because the NC legislature operates on a biennium basis, lawmakers are expected to pass a full state budget package for 2025-2027 in the upcoming legislative “long session.”
As in the past few legislative sessions, North Carolina will continue to be governed by politically split legislative and executive branches in 2025, with a Democratic governor and Republican-controlled House and Senate. Unlike in immediate past sessions, however, the 2025 NC House of Representatives will not have a Republican “supermajority,” or control of at least two-thirds of the chamber, which allows a chamber to easily override a gubernatorial veto when all members vote in line with their party affiliation.
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.pngEducationLaw2025-01-02 15:37:252025-01-02 15:37:25NC General Assembly Adjourns 2024 Legislative Session For Final Time, 2025 Session To Begin In January
Congratulations are in order to Appellate Practice Section members Quintin Byrd and former Justice Samuel Ervin for becoming the most recent North Carolina Board Certified Legal Specialists in Appellate Practice!
The full list of 2024 specialists for all practice areas can be found online.
To become a certified appellate practice specialist, there are certain requirements including devoting a significant amount of hours each year to the practice area, obtaining CLE credits in appellate practice, peer review, and passing an exam. If you are interested in learning more about the specific requirements, information can be found on the State Bar’s website.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2025-01-02 15:15:062025-01-02 15:18:30Congratulations to Two New NC Board Certified Specialists in Appellate Practice!
Life as a lawyer can be a battle. Clients are demanding. Opposing counsel can be adversarial. And sometimes the greatest burden we carry is the one we put on ourselves: to work harder, be better, and achieve more. Years ago, I learned knowing how to practice law was not enough. In order to thrive – to be not only successful, but happy – a lawyer’s skill set had to include mental focus, and yes, professional vitality.
How do we do that in a profession filled with adversity and risk, where one slip can spell doom, both for your clients and your career? For the answer, indulge me in a lesson I learned from my past career as a journalist.
In the spring of 2016, I spent several weeks at the United States Naval Academy reporting a story about the boxing program there. Boxing is not only embedded in the culture of the Naval Academy, it’s a core requirement: all Midshipmen – male and female – are required to learn to box as soon as they arrive at Annapolis. Why? The Naval Academy uses boxing as a laboratory where they can put students in an environment of controlled stress forcing them to draw on their own resources and capabilities to think, strategize, and plan, all while withstanding an opponent trying to knock you down.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Professional Vitality Committeehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngProfessional Vitality Committee2025-01-02 10:47:042025-01-02 10:47:34Everybody Has a Plan . . .
The Law Offices of James Scott Farrin Welcomes Attorney
Sara Royster is now an attorney with the firm, where she is a member of the personal injury team. Before becoming an attorney, Royster was a social worker for more than twelve years. Royster graduated from Elon University School of Law in 2019 and became an attorney in 2020. She holds a Master of Social Work from the University of North Carolina at Charlotte and a bachelor’s degree in social work from the University of North Carolina at Greensboro.
Robinson & Lawing, LLP Adds Attorney
Mitchell R. Bledsoe practices corporate law and commercial real estate. He assists in structuring and negotiating business transactions, oversees matters of corporate governance, and represents clients who are purchasing commercial real estate. He graduated from the University of Memphis Cecil C. Humphreys School of Law. While in law school, he received a certificate in health law. He holds a bachelor’s degree in business administration with a double emphasis in sport management and marketing from Ouachita Baptist University.
Attorney Joins Triangle Smart Divorce
Rebekah Lester has joined the firm. She has been practicing law since 2023. She is a graduate of the University of North Carolina School of Law. During law school, she worked at the Domestic and Sexual Violence Clinic and received a Certificate of Merit for Trauma-Informed Lawyering to recognize her work with the clinic. While studying law at UNC, Lester served as a legal clerk at a family law firm. She holds a bachelor’s degree from UNC in journalism.
As attorneys, we understand the importance of staying current with legal trends, ethics, and developments in our practice areas. Continuing Legal Education (CLE) plays a vital role in ensuring that we provide the best possible service to our clients and uphold the standards of our profession. Starting in 2024, North Carolina has implemented significant changes to CLE requirements that all attorneys should be aware of.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SmallFirmandTechhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSmallFirmandTech2024-12-16 16:11:322024-12-16 16:11:32Upcoming Changes to Continuing Legal Education Requirements for Attorneys in North Carolina (2024-2025)
HELM (Higher Educational Legal Managers) is a nationwide group of legal administrators from both public and private colleges and universities across the United States. This voluntarily-formed body of like-minded colleagues is not incorporated nor affiliated as a legal entity with any other association. Members join HELM to exchange ideas, share job experiences, and seek continuing education opportunities.
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.pngParalegals2024-12-16 16:09:012024-12-16 16:09:10Exploring New Horizons: Attending HELM – A Premier Conference for Higher Education Professionals
When legal professionals are nervous or not sure how they can help those impacted by a disaster, Brooks’ words come to mind. “One act of service (no matter how small you self-perceive it to be) can make the world of difference for a disaster survivor who needs trusted counsel after experiencing such severe loss.” Brooks has worked in disaster relief for several years from working at Legal Aid of North Carolina’s Disaster Relief Project as a W.C. Dawson Fellow and Staff Attorney to serving as an Assistant General Counsel in the Disaster Recovery Division of the North Carolina Office of State Budget and Management. Throughout her career in disaster recovery, she has served survivors directly to alleviate legal barriers with FEMA, insurance, and displacement matters and provided outreach and education on disaster legal issues. Notably in response to Hurricane Helene, Brooks is a volunteer leader with NC Disaster Legal Services (DLS), where she works closely with state and national DLS partners, recruits and trains volunteer legal professionals and coordinates DLS operations for clinics, FEMA Disaster Recovery Centers, and case management, just to name a few responsibilities. Read more
Bro, young Simba, I owe you a huge apology. I’m so sorry for not maximizing your potential. I am sorry for doubting you for one bit. I let you down. I let us down. I take full responsibility. I want to take this time to reflect, highlight the experiences, and remind us about giving ourselves grace. It is called the practice of law for a reason.
Candidly, our imposter syndrome didn’t come from not belonging because of intellect. We are all smart. Our imposter syndrome came from feeling like our identity didn’t mesh with the traditional standards and customs of the legal environment.
Do you have questions about law school debt? Are you a law school student and want a look at how student debt can affect you? Are you a young lawyer interested in learning about your options on managing and handling law school debt? Well, we have a free webinar to help guide you through those questions!
The ABA Young Lawyers and Law Student Divisions are co-sponsoring a complimentary webinar on law school debt in collaboration with the Section of Legal Education and Admissions to the Bar. The webinar is scheduled for Thursday, December 12, at 1 p.m. CST. You will see a few of your YLD leaders are participating as panelists, and we hope you will join us!
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 YLD2024-12-11 10:44:112024-12-11 11:15:24Join Us For A Complimentary Webinar on Law School Debt
Thoughts on Being an Effective Local Government Attorney: Part II
Zoning Planning & Land Use SectionThis is the second piece in a series of three blog posts titled “Thoughts on Being an Effective Local Government Attorney and How to Best Work with Your Local Government Attorney,” written by Don O’Toole, who retired in January 2024 after 13 years with the Durham City Attorney’s Office. Part I was posted on October 10, 2024.
No. 2. Requests for Legal Interpretations of the Unified Development Ordinance (UDO)
I was frequently asked by outside parties to provide legal interpretations of the language in Durham’s UDO. Our UDO let me off the hook because the UDO clearly states that it is the Planning Director’s purview to make these interpretations. I worked with three excellent Planning Directors who would draft their written interpretations and then share them with me for double-checking. I cannot recall a single Planning Director interpretation with which I disagreed during my time with the city. We had a cell tower case years ago in which opponents did not agree that a cell tower, made to look like a pine tree, met the UDO’s definition of a “concealed” cell tower. An official interpretation from the Planning Director was requested and issued. The opponents then proceeded to appeal the Planning Director’s interpretation that the tower did meet the UDO’s definition of “concealed” to the City’s Board of Adjustment, in Durham Superior Court, and then finally to the NC Court of Appeals. The Planning Director’s interpretation was upheld at each stage.
Read more
NC General Assembly Adjourns 2024 Legislative Session For Final Time, 2025 Session To Begin In January
Education Law SectionThe North Carolina General Assembly adjourned the 2024 legislative session “sine die,” or for the final time, on Friday, December 13, with plans already set for the 2025 legislative session to begin in early January. Despite the 2024 session being a legislative “short session,” NCGA members met almost every month in 2024 and passed a total of 58 bills (which has been summarized by NCGA staff). The NCGA did not pass a new state budget package this year, but because the NC legislature operates on a biennium basis, lawmakers are expected to pass a full state budget package for 2025-2027 in the upcoming legislative “long session.”
As in the past few legislative sessions, North Carolina will continue to be governed by politically split legislative and executive branches in 2025, with a Democratic governor and Republican-controlled House and Senate. Unlike in immediate past sessions, however, the 2025 NC House of Representatives will not have a Republican “supermajority,” or control of at least two-thirds of the chamber, which allows a chamber to easily override a gubernatorial veto when all members vote in line with their party affiliation.
Read more
Congratulations to Two New NC Board Certified Specialists in Appellate Practice!
Appellate PracticeCongratulations are in order to Appellate Practice Section members Quintin Byrd and former Justice Samuel Ervin for becoming the most recent North Carolina Board Certified Legal Specialists in Appellate Practice!
The full list of 2024 specialists for all practice areas can be found online.
To become a certified appellate practice specialist, there are certain requirements including devoting a significant amount of hours each year to the practice area, obtaining CLE credits in appellate practice, peer review, and passing an exam. If you are interested in learning more about the specific requirements, information can be found on the State Bar’s website.
Further, we have many section members who have achieved specialization status and are happy to answer any questions you have.
Next year’s application should become available in March, and the applications are typically due around May 1. Congrats and best wishes!
Amie Sivon is the Chair of the Appellate Practice Council.
Everybody Has a Plan . . .
Featured PostsLife as a lawyer can be a battle. Clients are demanding. Opposing counsel can be adversarial. And sometimes the greatest burden we carry is the one we put on ourselves: to work harder, be better, and achieve more. Years ago, I learned knowing how to practice law was not enough. In order to thrive – to be not only successful, but happy – a lawyer’s skill set had to include mental focus, and yes, professional vitality.
How do we do that in a profession filled with adversity and risk, where one slip can spell doom, both for your clients and your career? For the answer, indulge me in a lesson I learned from my past career as a journalist.
In the spring of 2016, I spent several weeks at the United States Naval Academy reporting a story about the boxing program there. Boxing is not only embedded in the culture of the Naval Academy, it’s a core requirement: all Midshipmen – male and female – are required to learn to box as soon as they arrive at Annapolis. Why? The Naval Academy uses boxing as a laboratory where they can put students in an environment of controlled stress forcing them to draw on their own resources and capabilities to think, strategize, and plan, all while withstanding an opponent trying to knock you down.
Read more
Checking In: December 17, 2024
Checking InCompiled by Jessica Junqueira
The Law Offices of James Scott Farrin Welcomes Attorney
Robinson & Lawing, LLP Adds Attorney
Attorney Joins Triangle Smart Divorce
Upcoming Changes to Continuing Legal Education Requirements for Attorneys in North Carolina (2024-2025)
Small Firm & Technology SectionAs attorneys, we understand the importance of staying current with legal trends, ethics, and developments in our practice areas. Continuing Legal Education (CLE) plays a vital role in ensuring that we provide the best possible service to our clients and uphold the standards of our profession. Starting in 2024, North Carolina has implemented significant changes to CLE requirements that all attorneys should be aware of.
Read more
Exploring New Horizons: Attending HELM – A Premier Conference for Higher Education Professionals
Paralegal DivisionWhat is HELM?
HELM (Higher Educational Legal Managers) is a nationwide group of legal administrators from both public and private colleges and universities across the United States. This voluntarily-formed body of like-minded colleagues is not incorporated nor affiliated as a legal entity with any other association. Members join HELM to exchange ideas, share job experiences, and seek continuing education opportunities.
Read more
Pro Bono Spotlight: Brooks Savage and Brad Piland, NC Disaster Legal Services
Pro Bono CommitteeBy Sidney Thomas
Elizabeth “Brooks” Savage
Read more
An Apology to Myself, Part 1: Imposter Syndrome
Young Lawyers DivisionQeece:
Bro, young Simba, I owe you a huge apology. I’m so sorry for not maximizing your potential. I am sorry for doubting you for one bit. I let you down. I let us down. I take full responsibility. I want to take this time to reflect, highlight the experiences, and remind us about giving ourselves grace. It is called the practice of law for a reason.
Candidly, our imposter syndrome didn’t come from not belonging because of intellect. We are all smart. Our imposter syndrome came from feeling like our identity didn’t mesh with the traditional standards and customs of the legal environment.
Read more
Join Us For A Complimentary Webinar on Law School Debt
Young Lawyers DivisionBy Erin Winters
Do you have questions about law school debt? Are you a law school student and want a look at how student debt can affect you? Are you a young lawyer interested in learning about your options on managing and handling law school debt? Well, we have a free webinar to help guide you through those questions!
The ABA Young Lawyers and Law Student Divisions are co-sponsoring a complimentary webinar on law school debt in collaboration with the Section of Legal Education and Admissions to the Bar. The webinar is scheduled for Thursday, December 12, at 1 p.m. CST. You will see a few of your YLD leaders are participating as panelists, and we hope you will join us!
For more information and to register, visit: https://www.americanbar.org/events-cle/mtg/web/447540327/.
If you have any questions, please reach out to Erin Winters, Section Director, Section of Legal Ed at Erin.Winters@american.