At its July 2021 meeting, the State Bar Council approved a new aspirational provision in the Preamble to the North Carolina Rules of Professional Conduct, stating that a lawyer should treat all persons encountered in a professional capacity equally, courteously, respectfully, and with dignity, regardless of personal identifying characteristics. The proposed amendment will be sent to the North Carolina Supreme Court for potential adoption.
The NCBA Young Lawyers Division created the Law Student Representative program to empower law students to serve their schools and the NCBA through programming and networking. Law Student Representatives provide information to their colleagues about the NCBA and create opportunities for themselves and others to interface with the NCBA through events.
Below, meet the 2021-22 NCBA Law Student Representatives!
Anna Beck, University of North Carolina – Chapel Hill
Why are you involved in the NCBA?
I am involved in the NCBA because the NCBA events I attended as a 1L helped me think about my future career and allowed me to practice networking. I also wanted to encourage students at my school to engage with the NCBA because networking is key to success as an attorney, and you never know where a connection might lead!
What advice would you give to a 1L?
Give yourself grace – law school is a learning curve for everyone!
What is your area of practice interest?
Litigation
Why did you go to law school?
I went to law school so that I could use my passions of writing and storytelling to help others.
I joined the NCBA because I was looking to be able to build a community and build professional connections within the state, as I am an out-of-state student from Georgia and had minimal contacts otherwise. So far, I’ve gotten just that and more. My time with the NCBA has made starting law school during an isolating and unusual time feel a lot more normal.
What advice would you give to a 1L?
(1) work smarter, not just harder, (2) go to sleep, and (3) always remember that it’s not what you know, or even who you know, but it’s who knows you.
Most new lawyers fall into one of two types. The first type knows that, although they worked hard and learned a lot in law school, they know very little about the actual practice of law. The second type consists of those who not only know everything but will also tell you they know everything. But no matter how great a new attorney is (or thinks he/she is), a new attorney can always benefit from the advice and guidance of a mentor.
In my experience, finding a good mentor and being a good mentor usually start with something lawyers are quite familiar with – asking the right questions.
Holding real estate through an S corporation may seem like a good idea at first glance. Almost all professionals, however, recommend a partnership over an S corporation as the preferred vehicle to own real estate. S corporations and partnerships are both pass-through entities, meaning the income or loss generated by these entities flows through to the owners, who are responsible for paying the tax due. However, there are a number of disadvantages of owning real estate via an S corporation compared to a partnership.
First, although S corporations are often excellent for reducing self-employment taxes, income from passive real estate investments do not benefit from that because such income is not subject to self-employment taxes.
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.pngTAX2021-09-01 15:34:442021-09-10 15:56:42Should I Own Real Estate through an S Corporation or a Partnership?
Just kidding. However, since our Chair, Katie King, put up a constructive and positive blog post, I will try to be the antithesis this year as the Vice Chair. To that end, there’s a bunch of stuff we deal with on a daily basis that is problematic. This year is a good opportunity for me to vent and point out 10 of those little things (one per month or so) that drive me crazy about how things should be better. Perhaps there’s nothing groundbreaking, and if that’s the case, it should be easier to fix!
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.pngFamilyLaw2021-09-01 11:41:382021-09-01 11:41:38Why All The Divorce Laws Are Wrong . . . And Other Thoughts
Welcome to a new bar year as a member of the Appellate Practice Section. After an unusually challenging year for so many, I look forward to spending more time together as we build on the section’s tradition of excellent programing and services.
I want to warmly thank Stephen Feldman for his excellent leadership as chair last year. I am honored to assume responsibility as chair after several years on the section council and in section leadership. I am currently an academic fellow at Columbia Law School researching criminal law and policy after serving seven years as an assistant United States attorney in the Eastern District of North Carolina.
Section leadership is already working on planning many interesting events, and we will provide more information you as they draw nearer. In the meantime, please note some key dates for this year:
September 23, 2021: Section council meeting
December 2, 2021: Section council meeting
March 11, 2022: Section council meeting
April 27, 2022: Annual meeting and CLE
June 2, 2022: Section council meeting
If you are interested in becoming more involved in the section or have suggestions for programs or events, please contact me at [email protected]. If you would like to remain a section member for this bar year and have not already renewed your section membership, please try to do so by the end of August.
Thank you for the opportunity to serve as your chair this year. I look forward to working with all of you.
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.pngAppellate2021-08-30 11:46:142021-08-30 11:59:36Welcome to a New Bar Year
Pull out your ear buds. Now you can listen and learn about administrative law. There are some pretty interesting podcasts about administrative law out there. Here are two examples of groups putting out administrative law podcasts. If you know of more, please share them by putting a note in the Administrative Law forum.
1. “A Hard Look”
“A Hard Look” podcasts are from the ABA’s Administrative Law Review, published by students at American University Washington College of Law and the ABA Administrative Law & Regulatory Practice Section. Here are four samples (they also provide the transcripts):
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.pngAdministrative2021-08-25 09:53:222021-08-25 09:54:15Two Administrative Law Podcasts to Listen to Today
Welcome to the 2021-22 bar year! I look forward to working with you, our Council members, and committee chairs this year, and I want to thank our committee chairs for volunteering their time to invest in our section.
My hope is that everyone will take the chance to get involved in the section. Among other activities, our section has committees for CLE planning, LIFT (Law Institute for Teachers), and legislative updates. Our great committee chairs would welcome your help. If you are interested in assisting with a committee, please let me know and I would be happy to connect you with the committee chair.
One of my goals this year is to make our section more visible to other sections of the NCBA and the public. To that end, I hope to promote more collaboration with law students interested in our practice area. If you have ideas for blog posts, networking events (in-person or virtual) or collaboration with the public, please do not hesitate to contact me with suggestions.
The following is a hypothetical illustrating problems and interplay between pension jurisdiction and divorce for military servicepersons.
The Initial Problem
Lisa approached Tom. The time had come. It was the “D” word they’d been avoiding. No, not a new dog . . . Lisa wanted a divorce. Tom knew the divorce would be complex as Tom served in the Army Reserves for nearly 15 years. Why now? What about the children? What about the house they bought last year? Despite Tom’s many thoughts and issues with the divorce, he knew it was time to call a lawyer and determine the best path between two places: marriage and divorce.
Tom’s lawyer Bill, as with most lawyers, advised him to file an action against Lisa requesting the relief Tom wanted such as seeing his children on a regular basis and obtaining a reasonable division of assets. Bill and Tom did not know that they may have inadvertently decided an important issue regarding Tom’s retired pay by filing.
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.pngFamilyLaw2021-08-19 13:43:202021-08-19 13:43:20Be Careful What You Ask For: Pension Jurisdiction and Military Divorce
First Citizens Bank Welcomes Matthew G.T. Martin As Chief Counsel
Matthew G.T. Martin has joined First Citizens Bank as chief counsel. He will oversee corporate and general bank legal functions and litigation management, and he will advise executive management and its corporate board on legal matters. Martin will also serve as Corporate Secretary to the First Citizens BancShares Board of Directors. Before his role with First Citizens Bank, Martin was the U.S. Attorney for the Middle District of North Carolina, and as part of this role, he led the U.S. Department of Justice prosecution office. Martin has prior experience as Associate General Counsel of Duke Energy. He received a J.D. from the University of North Carolina School of Law, where he was the editor in chief of the North Carolina Law Review, and a bachelor’s degree from the University of North Carolina.
Attorneys Join Michael Best & Friedrich LLP
Brian Assessor has joined the firm as a senior associate attorney. Assessor helps companies obtain patent protection for their computer and software technologies. He oversees U.S. and international patent drafting and prosecution in a number of technical areas including hardware, software, network infrastructures, semiconductors, and more. Assessor has previous experience in international law and intellectual property law, and he worked as a patent examiner at the U.S. Patent and Trademark office. He holds a J.D. from the University of Baltimore School of Law and a B.S. in computer engineering with a concentration in cognitive science from Villanova University.
Deborah Gerhardt has joined Michael Best as of counsel and will work in the Intellectual Property practice group. She represents a variety of clients who include Fortune 500 corporations, small businesses, nonprofits, museums, and more. She was in private practice for nearly 10 years before becoming a professor of law at the University of North Carolina School of Law. While practicing with Michael Best, she will continue to work as the Reef C. Ivey II Excellence Fund Term Professor of Law at UNC School of Law. Gerhardt received a J.D., cum laude, from Case Western Reserve University School of Law, and she holds an A.B. from Duke University. Read more
Litigation Section Council Ethics Update
Litigation SectionAt its July 2021 meeting, the State Bar Council approved a new aspirational provision in the Preamble to the North Carolina Rules of Professional Conduct, stating that a lawyer should treat all persons encountered in a professional capacity equally, courteously, respectfully, and with dignity, regardless of personal identifying characteristics. The proposed amendment will be sent to the North Carolina Supreme Court for potential adoption.
Read more
Meet the 2021-22 NCBA Law Student Representatives
Law Student Division, Young Lawyers DivisionThe NCBA Young Lawyers Division created the Law Student Representative program to empower law students to serve their schools and the NCBA through programming and networking. Law Student Representatives provide information to their colleagues about the NCBA and create opportunities for themselves and others to interface with the NCBA through events.
Below, meet the 2021-22 NCBA Law Student Representatives!
Anna Beck, University of North Carolina – Chapel Hill
Why are you involved in the NCBA?
I am involved in the NCBA because the NCBA events I attended as a 1L helped me think about my future career and allowed me to practice networking. I also wanted to encourage students at my school to engage with the NCBA because networking is key to success as an attorney, and you never know where a connection might lead!
What advice would you give to a 1L?
Give yourself grace – law school is a learning curve for everyone!
What is your area of practice interest?
Litigation
Why did you go to law school?
I went to law school so that I could use my passions of writing and storytelling to help others.
Cameron Benton, North Carolina Central University
Why are you involved in the NCBA?
I joined the NCBA because I was looking to be able to build a community and build professional connections within the state, as I am an out-of-state student from Georgia and had minimal contacts otherwise. So far, I’ve gotten just that and more. My time with the NCBA has made starting law school during an isolating and unusual time feel a lot more normal.
What advice would you give to a 1L?
(1) work smarter, not just harder, (2) go to sleep, and (3) always remember that it’s not what you know, or even who you know, but it’s who knows you.
Read more
Questioning Mentors
Administrative LawMost new lawyers fall into one of two types. The first type knows that, although they worked hard and learned a lot in law school, they know very little about the actual practice of law. The second type consists of those who not only know everything but will also tell you they know everything. But no matter how great a new attorney is (or thinks he/she is), a new attorney can always benefit from the advice and guidance of a mentor.
In my experience, finding a good mentor and being a good mentor usually start with something lawyers are quite familiar with – asking the right questions.
Read more
Should I Own Real Estate through an S Corporation or a Partnership?
Tax SectionHolding real estate through an S corporation may seem like a good idea at first glance. Almost all professionals, however, recommend a partnership over an S corporation as the preferred vehicle to own real estate. S corporations and partnerships are both pass-through entities, meaning the income or loss generated by these entities flows through to the owners, who are responsible for paying the tax due. However, there are a number of disadvantages of owning real estate via an S corporation compared to a partnership.
First, although S corporations are often excellent for reducing self-employment taxes, income from passive real estate investments do not benefit from that because such income is not subject to self-employment taxes.
Read more
Why All The Divorce Laws Are Wrong . . . And Other Thoughts
Family Law SectionAll the divorce laws are wrong.
Just kidding. However, since our Chair, Katie King, put up a constructive and positive blog post, I will try to be the antithesis this year as the Vice Chair. To that end, there’s a bunch of stuff we deal with on a daily basis that is problematic. This year is a good opportunity for me to vent and point out 10 of those little things (one per month or so) that drive me crazy about how things should be better. Perhaps there’s nothing groundbreaking, and if that’s the case, it should be easier to fix!
Read more
Welcome to a New Bar Year
Appellate PracticeWelcome to a new bar year as a member of the Appellate Practice Section. After an unusually challenging year for so many, I look forward to spending more time together as we build on the section’s tradition of excellent programing and services.
I want to warmly thank Stephen Feldman for his excellent leadership as chair last year. I am honored to assume responsibility as chair after several years on the section council and in section leadership. I am currently an academic fellow at Columbia Law School researching criminal law and policy after serving seven years as an assistant United States attorney in the Eastern District of North Carolina.
Section leadership is already working on planning many interesting events, and we will provide more information you as they draw nearer. In the meantime, please note some key dates for this year:
If you are interested in becoming more involved in the section or have suggestions for programs or events, please contact me at [email protected]. If you would like to remain a section member for this bar year and have not already renewed your section membership, please try to do so by the end of August.
Thank you for the opportunity to serve as your chair this year. I look forward to working with all of you.
Two Administrative Law Podcasts to Listen to Today
Administrative LawPull out your ear buds. Now you can listen and learn about administrative law. There are some pretty interesting podcasts about administrative law out there. Here are two examples of groups putting out administrative law podcasts. If you know of more, please share them by putting a note in the Administrative Law forum.
1. “A Hard Look”
“A Hard Look” podcasts are from the ABA’s Administrative Law Review, published by students at American University Washington College of Law and the ABA Administrative Law & Regulatory Practice Section. Here are four samples (they also provide the transcripts):
Read more
Education Section – Welcome!
Education Law SectionDear Members of the Education Law Section:
Welcome to the 2021-22 bar year! I look forward to working with you, our Council members, and committee chairs this year, and I want to thank our committee chairs for volunteering their time to invest in our section.
My hope is that everyone will take the chance to get involved in the section. Among other activities, our section has committees for CLE planning, LIFT (Law Institute for Teachers), and legislative updates. Our great committee chairs would welcome your help. If you are interested in assisting with a committee, please let me know and I would be happy to connect you with the committee chair.
One of my goals this year is to make our section more visible to other sections of the NCBA and the public. To that end, I hope to promote more collaboration with law students interested in our practice area. If you have ideas for blog posts, networking events (in-person or virtual) or collaboration with the public, please do not hesitate to contact me with suggestions.
Be Careful What You Ask For: Pension Jurisdiction and Military Divorce
Family Law SectionThe following is a hypothetical illustrating problems and interplay between pension jurisdiction and divorce for military servicepersons.
The Initial Problem
Lisa approached Tom. The time had come. It was the “D” word they’d been avoiding. No, not a new dog . . . Lisa wanted a divorce. Tom knew the divorce would be complex as Tom served in the Army Reserves for nearly 15 years. Why now? What about the children? What about the house they bought last year? Despite Tom’s many thoughts and issues with the divorce, he knew it was time to call a lawyer and determine the best path between two places: marriage and divorce.
Tom’s lawyer Bill, as with most lawyers, advised him to file an action against Lisa requesting the relief Tom wanted such as seeing his children on a regular basis and obtaining a reasonable division of assets. Bill and Tom did not know that they may have inadvertently decided an important issue regarding Tom’s retired pay by filing.
Read more
Checking In: August 17, 2021
Checking InCompiled by Jessica Junqueira
First Citizens Bank Welcomes Matthew G.T. Martin As Chief Counsel
Attorneys Join Michael Best & Friedrich LLP