Law School Information Panel at North Carolina State University

By Scheree, a woman with dark brown hair, wears a blue and white shirt and navy blazer.Scheree Gilchrist

On March 30, a free informational session was held for college students to help answer the common questions among prospective students: is law school a good fit for me, and what can expect in the first year? Featuring an experienced panel of North Carolina Bar Association lawyers from diverse backgrounds and specialties within the legal field, the event provided insights on what it takes to excel in law school and eventually practice law. With an engaged audience of more than 40 attendees, many of whom stayed after the session to speak with panelists, it was evident that there is a strong interest in navigating the complex world of legal education.

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Perseverance in Challenging Times

Bain, a white man with white hair, wears a white shirt and black suit.By W. Bain Jones Jr.

In “Leadership In Turbulent Times,” Pulitzer Prize-winning author Doris Kearns Goodwin examines four American presidents: Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Lyndon B. Johnson.

Lincoln faced a severely divided nation struggling with the wretched stain of slavery. The Civil War was killing Americans in unimaginable numbers. Lincoln had lost two of his sons to illness and war. President Lincoln and his wife, Mary, experienced depression in the face of perhaps the most challenging time in United States history.

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This Friday – Exciting Sessions on Licensure, Private Equity and Ethics at the 2023 Health Law Section Annual CLE

Iain, a white man with brown hair, wears a pale blue shirt and grey suit.By Iain Stauffer

Join us Friday, April 21, for the NCBA Health Law Section’s Annual CLE Program in Cary, including sessions on the Dobbs abortion decision, alternative payment models, a keynote session on NC Medicaid (all covered in previous blog posts), plus three more timely presentations, which include Healthcare Licensure, Private Equity/Business of Healthcare, and Ethics.

Healthcare Licensure

“Staying Above Board: Tips for Navigating Licensure Storms” will be a panel discussion by counsel with decades of combined experience representing the North Carolina Medical Board, State Board of Dental Examiners, and Board of Pharmacy: Crystal Carlisle (The Brocker Law Firm PA), Marcus B. Jimison (North Carolina Medical Board), Clinton R. Pinyan (Brooks Pierce McLendon Humphrey & Leonard LLP) and James A. Wilson (Ward and Smith PA).  This session will offer practical strategies for helping clients remain compliant without missing out on new opportunities in a rapidly evolving health care environment.

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The North Carolina Guardian ad Litem Program – What Is It, and What Does It Do?

Michelle, a white woman with blond hair, wears a blue blouse and is smiling. By Michelle FormyDuval Lynch

The Juvenile Justice and Children’s Rights Section of the NCBA includes attorneys and child advocates who are committed to excellence in the direct representation of North Carolina youth. Three of the most common areas of direct representation of children and juveniles in court are child welfare, juvenile delinquency, and family law proceedings. Attorneys with the North Carolina Guardian ad Litem Program (NC GAL Program) represent children in child welfare proceedings in North Carolina district and appellate courts. This article is a short summary of the NC GAL Program, its purpose, duties, and role in that representation.

Guardian vs. Guardian ad Litem vs. NC GAL Program

A guardian of the person is one who generally has the duties of care, control, and custody of their ward. The term “guardian ad litem” comes from the latin phrase “ad litem” which means “for the purposes of the suit.” A guardian ad litem is usually an individual appointed to appear in a lawsuit on behalf of a minor party or incompetent person. While guardians ad litem may be appointed in a variety of civil and criminal proceedings in North Carolina,[1] the NC GAL Program is only appointed to represent children in abuse, neglect, or dependency (“AND”) proceedings, or termination of parental rights (TPR) proceedings under Subchapter I of the NC Juvenile Code. These cases are initiated when a county department of social services files a juvenile petition; they are sometimes referred to as “DSS court,” but a more accurate name is “child welfare court.”

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Advice for Rising 2Ls and 3Ls as You Make Your Summer Plans

Emily, a white young woman with long blond hair, wears a blue and white blouse and black blazer.Theresa, a white woman with dark brown hair, wears a black blouse and pale grey jacket. By Emily Askew and Theresa DiCenzo

Landing a Job After your 2L Year

You’ve finished your first year (yay!), and you’re knee-deep in your summer internship. While it’s important to continue focusing your efforts and energy on your summer internship, it’s equally important to keep in mind that you will most likely need to begin preparing for OCIs (on-campus interviews) in mid-to-late July. These OCIs are opportunities for the summer after your 2L year – and yes, the deadline really is that early. In order to ensure you’re prepared for applying and interviewing in July and August, you’ll want to spend the time updating your resume, LinkedIn, and cover letter. (Don’t forget to update your materials to include the current internship that you have). In addition, you’ll want to ensure that your interviewing skills are sharp and that you have conducted research on businesses and law firms that you’ll want to apply to. Going into your OCIs with a game plan is imperative, and you will thank yourself later when you’re not scrambling.

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Federal Income Tax Update

Keith, a white man with brown hair, wears wire-rimmed glasses, a white shirt and black jacket.By Keith A. Wood

I. Shareholders of Bankrupt S Corporation Failed to Abandon Their Stock; Yaguda v. Commissioner, TC Summary Opinion 2022-21.

Mr. and Mrs. Yaguda owned stock of EFI, Inc., an S Corporation. In 2008, a creditor forced EFI into involuntary bankruptcy. Later that year, EFI’s case was converted to a voluntary Chapter 11 bankruptcy proceeding. In addition, during 2008, Mr. Yaguda’s ownership interest in EFI was transferred to a receivership created by the California Superior Court as a result of criminal proceedings initiated by California against Mr. Yaguda.

During 2015, EFI began selling its assets to raise funds for payment to its creditors. EFI issued a Form K-1 for 2015 reporting Mr. and Mrs. Yaguda had over $97,000 of distributive pass-through income. However, when Mr. and Mrs. Yaguda filed their income tax return, they failed to include any pass-through amounts from EFI on the basis they did not derive any personal benefit from the business activities of EFI during the year, since all of the liquidating sales proceeds went to the payment of EFI’s creditors.

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Taxation of Options to Purchase Property

John, a white man with brown hair and blue eyes, wears a blue jacket, white shirt, and blue tie. By John G. Hodnette

A payment for an option to purchase property is not a taxable event to either party upon the grant of the option. See Virginia Iron Coal & Coke Co. v. Commissioner, 99 F.2d 919 (1938); Rev. Rul. 58-234; and Fed. Home Loan Mortg. Corp v. Commissioner, 125 T.C. 248 (2005). That is because it is unknown whether the option will ultimately be exercised. In general, as discussed in Virginia Iron Coal, the tax system generally operates on a yearly basis. However, in some circumstances, that is not possible, such as where an option payment is received in year 1 for an option to purchase property in year 2. It is unknown in year 1 whether the option will ultimately be exercised. Therefore, it is impossible to determine in year 1 how the payment should be treated.  The transaction is treated as open until it is resolved.

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Register Now for the Paralegal Division’s 2023 Annual Meeting

By the CPE Committee

Registration is now underway for the Paralegal Division’s 2023 Annual Meeting scheduled for Friday, May 5, 2023, at the North Carolina Bar Center, 8000 Weston Parkway, Cary, NC. This year’s theme is “Paralegal 101: Back to the Basics,” which will bring a variety of topics to help paralegals take their careers to the next level.

The Diversity and Inclusion Committee will host a reception on Thursday, May 4, 2023, from 5 to 7 p.m. Come join us for food, fun and music as we prepare for a Friday full of CPEs!

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Employment and Regulation Are Not Mutually Exclusive

Bain, a white man with white hair, wears a white shirt and black suit.By W. Bain Jones Jr.

Is there a right to employment? Does Administrative Law prohibit an individual’s right to employment or only limit it in some circumstances?

The United States Constitution states in the preamble:

We, the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and or Prosperity, do ordain and establish the Constitution of the United States.

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How to Promote a Positive View of Lawyers and the Legal Profession

Adam a white man with light brown hair, wears a white shirt, red tie with light polka dots, and a white shirt. He is smiling. By Adam G. Linett

Why are lawyers often mocked and despised in the media, and what can we do about it? As professionals, we have spent years studying the law, and we have dedicated our lives and careers to this profession. So while we may take ourselves seriously, sometimes, it is a shock to walk into a courtroom or to face a group of people from the public who view us no differently from the proverbial “snake oil salesman” or as someone out only for ourselves and prepared to pull a fast one.

Admittedly, some members of our profession have broken the law, stretched the rules of ethics, or generally made themselves a nuisance. But we cannot allow these individual examples to define, or to continue to define, us or our profession. Is there anything we can do to raise the public perception of lawyers, defend our profession, and represent our clients effectively at the same time? Let’s consider three goals we can set this year to push back on these common negative impressions.

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