Recently the Commission has been asked to look at certain aspects of waivers and immunity for mediators. In preliminary discussions with Tara, it occurred to us (Tara) that there is a hole in the best practice advice that the Commission as well as the trainers may have been giving over the years.
Commonly, mediators have been advised that if you are mediating a case that is not referred or ordered to mediation by a court, then take advantage of the many features of the court program by incorporating the rules into your agreement to mediate. While there are lots of valuable attributes to be found in the MSC and FFS Rules, one thing that is only in the statute is immunity for the mediator.
Jennifer is a Certified Paralegal in North Carolina and South Carolina and has been a paralegal for 25 years. She also received her Advanced Certified Paralegal Certification in Trial Practice, Land Use, and Real Property through the National Association of Legal Assistants. Jennifer attended the University of North Carolina at Charlotte and received her Bachelor of Arts in Criminal Justice in 1998. She is a Manager of Legal Services with the Office of the City Attorney in Greensboro, North Carolina. She has worked there since 2010.
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.pngParalegals2023-05-03 09:07:372023-05-03 09:50:17Jennifer Smith-Sutphin’s Journey to Becoming a Paralegal
This Wednesday, May 3, the North Carolina Bar Association Health Law Section will be partnering with the North Carolina Bar Foundation and the Lupus Foundation of America, North Carolina Chapter, to host a Wills for Heroes event.
Wills for Heroes is a free legal clinic offered by the North Carolina Bar Foundation in which volunteer attorneys draft simple wills, health care powers of attorney, financial powers of attorney, and advance directives for first responders and their families, free of charge.
This particular Wills for Heroes event will take place virtually, between 8:30 a.m. and 1:30 p.m. on May 3, and will benefit Lupus survivors and their spouses from the Charlotte and Raleigh areas.
At the Annual Meeting of the Dispute Resolution Section this past March, attorney Deborah (Deb) Lynn Dilman became the inaugural recipient of the Section’s Harmony Award. The Harmony Award recognizes a section Member who, during the course of the award year, provides significant pro bono service as a dispute resolution professional; contributes to the development of the dispute resolution field through volunteerism and leadership; and participates in general civic, community, and charitable efforts during the award year.
Deb is an attorney at Southpark Family Law in Charlotte. She is a NCDRC-certified Family Financial Mediator and a Collaborative Law practitioner who enjoys helping her clients find creative solutions that provide peace of mind and hope for the future.
Jordan Godwin has joined the firm, where he focuses on complex litigation. He serves on the Board of Directors for Methodist University’s Legal Studies Department and as Co-Regional Coordinator for the North Carolina High School Mock Trial Program. Godwin received his J.D. from Samford University’s Cumberland School of Law in 2020. There, he joined the American Journal of Trial Advocacy. He directed Cumberland’s Arbitration and Mediation program and led the Arbitration Team as they participated in the ABA national Arbitration Competition. He holds a bachelor’s degree from Methodist University.
Ragsdale Liggett Welcomes New Partner
Elizabeth H. Overmann has joined the firm, where she is a partner in the civil litigation group. Overmann works in the Raleigh office. She has practiced as an attorney for twenty years. Overmann has expertise in trucking, personal and catastrophic injury, construction, premises and product liability. She is admitted to practice in state and federal courts in North Carolina and South Carolina and state courts in Virginia. She holds a J.D. from Campbell Law School and a B.S. in criminal justice, cum laude, from Appalachian State University.
New Attorney Joins Smith Anderson
Tess Rogers has joined the firm, and she is a member of the Real Estate Development and Litigation groups. She has prior experience working with financial, construction and other clients in connection with internal investigations, compliance with financial, securities, banking and licensing regulations and evaluating risk of potential litigation. She holds a J.D. from Duke University School of Law, where she served as the executive editor of Duke Environmental Law & Policy Forum, and a bachelor’s degree in environmental science, cum laude, from the University of North Carolina at Wilmington.
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.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Pro Bonohttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPro Bono2023-04-24 16:13:592023-04-24 16:18:50Law School Information Panel at North Carolina State University
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.
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.pngAdministrative2023-04-20 15:06:522023-04-20 15:10:55Perseverance in Challenging Times
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.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00HealthLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngHealthLaw2023-04-19 12:21:582023-04-19 12:21:58This Friday – Exciting Sessions on Licensure, Private Equity and Ethics at the 2023 Health Law Section Annual CLE
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.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2023-04-18 11:28:502023-04-19 09:53:52The North Carolina Guardian ad Litem Program – What Is It, and What Does It Do?
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.
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 YLD2023-04-14 16:36:192023-04-14 16:46:08Advice for Rising 2Ls and 3Ls as You Make Your Summer Plans
Immunity Incorporation by Reference
Dispute Resolution SectionRecently the Commission has been asked to look at certain aspects of waivers and immunity for mediators. In preliminary discussions with Tara, it occurred to us (Tara) that there is a hole in the best practice advice that the Commission as well as the trainers may have been giving over the years.
Commonly, mediators have been advised that if you are mediating a case that is not referred or ordered to mediation by a court, then take advantage of the many features of the court program by incorporating the rules into your agreement to mediate. While there are lots of valuable attributes to be found in the MSC and FFS Rules, one thing that is only in the statute is immunity for the mediator.
Read more
Jennifer Smith-Sutphin’s Journey to Becoming a Paralegal
Paralegal DivisionJennifer is a Certified Paralegal in North Carolina and South Carolina and has been a paralegal for 25 years. She also received her Advanced Certified Paralegal Certification in Trial Practice, Land Use, and Real Property through the National Association of Legal Assistants. Jennifer attended the University of North Carolina at Charlotte and received her Bachelor of Arts in Criminal Justice in 1998. She is a Manager of Legal Services with the Office of the City Attorney in Greensboro, North Carolina. She has worked there since 2010.
Read more
Attorney, Notary Volunteers Needed: Wills for Heroes for Lupus Survivors
Health Law SectionThis Wednesday, May 3, the North Carolina Bar Association Health Law Section will be partnering with the North Carolina Bar Foundation and the Lupus Foundation of America, North Carolina Chapter, to host a Wills for Heroes event.
Wills for Heroes is a free legal clinic offered by the North Carolina Bar Foundation in which volunteer attorneys draft simple wills, health care powers of attorney, financial powers of attorney, and advance directives for first responders and their families, free of charge.
This particular Wills for Heroes event will take place virtually, between 8:30 a.m. and 1:30 p.m. on May 3, and will benefit Lupus survivors and their spouses from the Charlotte and Raleigh areas.
Read more
Deb Dilman Receives Harmony Award
Dispute Resolution SectionAt the Annual Meeting of the Dispute Resolution Section this past March, attorney Deborah (Deb) Lynn Dilman became the inaugural recipient of the Section’s Harmony Award. The Harmony Award recognizes a section Member who, during the course of the award year, provides significant pro bono service as a dispute resolution professional; contributes to the development of the dispute resolution field through volunteerism and leadership; and participates in general civic, community, and charitable efforts during the award year.
Deb is an attorney at Southpark Family Law in Charlotte. She is a NCDRC-certified Family Financial Mediator and a Collaborative Law practitioner who enjoys helping her clients find creative solutions that provide peace of mind and hope for the future.
Read more
Checking In: April 25, 2023
Checking InCompiled by Jessica Junqueira
Hensen Fuerst Announces New Attorney
Jordan Godwin has joined the firm, where he focuses on complex litigation. He serves on the Board of Directors for Methodist University’s Legal Studies Department and as Co-Regional Coordinator for the North Carolina High School Mock Trial Program. Godwin received his J.D. from Samford University’s Cumberland School of Law in 2020. There, he joined the American Journal of Trial Advocacy. He directed Cumberland’s Arbitration and Mediation program and led the Arbitration Team as they participated in the ABA national Arbitration Competition. He holds a bachelor’s degree from Methodist University.
Ragsdale Liggett Welcomes New Partner
Elizabeth H. Overmann has joined the firm, where she is a partner in the civil litigation group. Overmann works in the Raleigh office. She has practiced as an attorney for twenty years. Overmann has expertise in trucking, personal and catastrophic injury, construction, premises and product liability. She is admitted to practice in state and federal courts in North Carolina and South Carolina and state courts in Virginia. She holds a J.D. from Campbell Law School and a B.S. in criminal justice, cum laude, from Appalachian State University.
New Attorney Joins Smith Anderson
Tess Rogers has joined the firm, and she is a member of the Real Estate Development and Litigation groups. She has prior experience working with financial, construction and other clients in connection with internal investigations, compliance with financial, securities, banking and licensing regulations and evaluating risk of potential litigation. She holds a J.D. from Duke University School of Law, where she served as the executive editor of Duke Environmental Law & Policy Forum, and a bachelor’s degree in environmental science, cum laude, from the University of North Carolina at Wilmington.
Read more
Law School Information Panel at North Carolina State University
Pro Bono CommitteeBy
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.
Read more
Perseverance in Challenging Times
Administrative LawIn “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.
Read more
This Friday – Exciting Sessions on Licensure, Private Equity and Ethics at the 2023 Health Law Section Annual CLE
Health Law SectionJoin 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.
Read more
The North Carolina Guardian ad Litem Program – What Is It, and What Does It Do?
Featured PostsThe 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.”
Read more
Advice for Rising 2Ls and 3Ls as You Make Your Summer Plans
Young Lawyers DivisionLanding 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.
Read more