As attorneys, we have a unique superpower. We have the power to practice the law. Through Wills for Heroes, you can use that superpower for the greater good and be a hero to the heroes in your community.
When you were in law school, Wills for Heroes may have been a pro bono project that interested you, and you may have even participated in a clinic. Now, as a young lawyer, you can participate in these clinics as an attorney volunteer and provide a service to those who risk their lives for your community every day. Wills for Heroes is a unique program that provides free estate planning documents to the individuals who we call when we are hurt or in need of help: first responders. Through NCBF Wills for Heroes, you can provide a first responder with the help they need, an estate plan. Read more
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 YLD2022-10-18 10:08:352022-10-18 10:08:35Pro Bono Month Spotlight: Be a Hero to a Hero
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.pngFamilyLaw2022-10-18 09:47:452022-10-18 09:47:45October Family Law Section Update
The North Carolina Bar Association Pro Bono Committee invites you to join us in celebrating National Pro Bono Week and all things pro bono.
Pro bono legal service is vital in addressing unmet legal needs in North Carolina and across the country. We hope that pro bono is a part of your life and practice throughout the entire year, but also know that there are obstacles to committing time to pro bono. But heed our call: National Pro Bono Week is a great time to start and/or continue the important volunteer legal work that only we, as members of the legal profession, can do. When you provide pro bono legal service, you provide a benefit and skill set to the community that is not being met without your commitment of time and unique professional talents. You have skills and knowledge that are in short supply and desperately needed.
We encourage you to celebrate the important contributions of pro bono across the state and to document your commitment on social media using #CelebrateProBono. Volunteer with your local legal service provider, nonprofit, or other programs (like the North Carolina Pro Bono Resource Center) in need of legal services during pro bono week. We hope that you’ll catch “the bug” and keep or continue pro bono throughout the year!
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 Bono2022-10-17 10:06:182022-10-25 13:07:26October 23 to 29 is National Pro Bono Week 2022!
“If one wishes to know how justice is administered, one does not question the policemen, the judges, or the protected members of the middle class. One goes to the unprotected— those, precisely, who need the law’s protection most! — and listens to their testimony. ~James Baldwin, “No Name on the Street”
The Justice Gap
Civil access to justice is high stakes. It is a prerequisite for meeting fundamental human needs. Without access to justice, individuals are incapable of contesting injustice or holding decision-makers accountable. Access routinely determines whether basic human needs for food, clothing, and shelter will be met, and it can mean everything for a person in crisis. Sadly, when individuals realize they need legal help, they also realize they cannot afford a lawyer. More often than not, they are also ineligible for assistance from legal aid. The difference between the civil legal needs of lower-income Americans and the resources available to meet those needs is what we refer to as the “Access to Justice Gap.” Read more
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.pngFamilyLaw2022-10-14 11:22:552022-10-14 11:22:55Looking Beyond Lawyers to Close the Access to Justice Gap
Purchasers of a successful business have the reasonable concern that the prior owners will use their expertise to open a new business across the street that immediately competes with the one they just purchased. Noncompete agreements are key to ensuring that does not happen. How is the consideration paid for the noncompetition agreement treated under the tax law for both the seller and the purchaser?
A seller may expect, particularly in a stock sale, the cash allocated to a noncompetition covenant will be taxed as long-term capital gain, like the proceeds from the sale of stock. However, payments received for a noncompetition agreement are actually taxed as ordinary income. Therefore, the seller will want to allocate as little as possible to the noncompete and instead maximize the allocation to the stock (in the case of a stock sale) or to goodwill (in the case of an asset sale). In both cases, that allocation will generally result in long-term capital gain, which is taxed at lower rates than ordinary income. Read more
I didn’t know anyone when I moved from Illinois to North Carolina for law school. As if being a 1L isn’t terrifying enough, the old adage I kept hearing, that “It’s not what you know, but who you know,” made the prospect of networking feel intimidating and mysterious. However, through NCBA’s Grab-A-Coffee Program, I found that an informal meeting turned into a summer internship, three wonderful mentors, and a free pizza (or three).
I first signed up for the Grab-A-Coffee program after receiving an email from my school’s Office of Career and Student Development because the program connected students directly to a lawyer in their field of interest. When Sarah Roane and I first connected, I knew we would get along. Even via email, she came across as warm, brilliant, and excited to help. During our first meeting, she asked me what practice area I was interested in. I told her that I was keeping an open mind and was excited to intern with any practice area. Sarah mentioned that she had a connection to a worker’s comp/personal injury firm in Greensboro and asked if I would be interested in potentially interning there. She told me to bring my resume to that week’s social event, and I did. Within five minutes of meeting James, he told me that they’d try to make something work out. Read more
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 YLD2022-10-11 12:06:072022-10-11 12:06:07The Cup of Coffee That Helped My Career
As chair of this year’s planning committee, I invite you to attend the 45th Annual Bankruptcy Institute. The ABI is returning in person for the first time in three years! We will be at the Grandover Resort in Greensboro on November 11 and 12.
Our return to our traditional live format allows us to expand our CLE offerings. We will have breakout sessions specific to business and consumer bankruptcy and panels exploring recent developments in small-business bankruptcies, state-court receiverships, and bankruptcy-related litigation. We will also have programs on the hemp and cannabis industry in North Carolina, ethical issues related to privileges in bankruptcy, and technology tips and tricks for the busy practitioner.
We will provide lunch on November 11, during which a panel of bankruptcy judges from across the state will provide remarks.
A complete agenda is available. We would love to see everyone in Greensboro, but the program will be available via live webcast if you can’t join us in person.
Early Bird Registration ends on October 21. Don’t wait. Register today!
Earlier this year, a survey of lawyers and staffers hailing mostly from Biglaw revealed that 19% of respondents contemplated suicide at some point in their professional careers. These results, coupled with the shocking death by suicide of attorney and former Miss USA Cheslie Kryst, contributed to a growing groundswell of attention and interest in mental health issues within the legal profession.
Suicide is the 12th leading cause of death in the U.S., yet it’s still a topic that many people are uncomfortable talking about. The stigma surrounding mental health and suicide can make it difficult for those who are struggling to reach out for help. And even when someone does seek help, there’s often not enough available.
Photo by Andrea Piacquadio from Pexels.
We need to do better at breaking the silence around suicide and mental health. By starting the conversation, we can eliminate the stigma and help those who are struggling get the support they need. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2022-10-07 09:54:402022-10-07 09:54:40Suicide and the Legal Profession
It has been two years since the State Bar’s Subcommittee to Study Regulatory Change had its first meeting on June 4, 2020, to study various types of regulatory reform (e.g., limited licensing, court navigators, regulatory sandbox).
Highlights:
On June 3, 2021, the Bar’s Subcommittee Studying Regulatory Change voted to recommend that the Bar create a separate ad hoc committee to lay out a plan for limited licensing.
On July 15, 2021, the Executive Committee approved an ad hoc committee to develop a limited licensing plan. However, no action was taken on that vote. After that date, the Regulatory Subcommittee continued its work of exploring a regulatory sandbox and other initiatives.
On January 7, 2022, Chairman Mark Henriques completed the Subcommittee’s final report on its work over the past 18 months. He presented this report to the Issues Committee on January 19, 2022, with continued discussion on April 20, 2022, and July 20, 2022. The report includes the following recommendations:
Pursue a Limited License for Nonlawyers/Paraprofessionals
Pursue a Regulatory Sandbox
Recommend a Court Navigator’s Program to the Administrative Office of the Courts
Refrain from Pursuing Alternative Admission to the Bar at this Time
Explore Necessary Changes to Permit Alternative Business Structures and Fee Sharing with Nonlawyers
Explore the Possible Liberalization of the Unauthorized Practice of Law Statutes
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.pngParalegals2022-10-04 09:32:332022-10-04 09:32:33Utilization Committee Update – Regulatory Reform Affecting Paralegals in North Carolina and Beyond
A natural disaster doesn’t end when the wind dies down or the flooding subsides. For the individuals, families, and communities affected, the disaster can drag on for months, even years.
Issues of inequity and unequal access to information/resources are further exacerbated by such disasters and often result in unequal access to disaster relief for several communities, including individuals with disabilities and racially and ethnically diverse communities. Read more
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 YLD2022-09-23 12:59:422022-09-26 11:50:11Preparing for Disaster: How Young Lawyers Can Ready Themselves and Their Clients
Pro Bono Month Spotlight: Be a Hero to a Hero
Young Lawyers DivisionAs attorneys, we have a unique superpower. We have the power to practice the law. Through Wills for Heroes, you can use that superpower for the greater good and be a hero to the heroes in your community.
When you were in law school, Wills for Heroes may have been a pro bono project that interested you, and you may have even participated in a clinic. Now, as a young lawyer, you can participate in these clinics as an attorney volunteer and provide a service to those who risk their lives for your community every day. Wills for Heroes is a unique program that provides free estate planning documents to the individuals who we call when we are hurt or in need of help: first responders. Through NCBF Wills for Heroes, you can provide a first responder with the help they need, an estate plan. Read more
October Family Law Section Update
Family Law SectionDid you read my last post? Here it is.
I’m still your chair. Jill Jackson is still your more pleasant vice-chair.
Before reading the rest of this post, ask yourself:
“Am I seriously going to be out-volunteered by Ketan Soni?”
If the answer is:
“Not while I still have breath in me!”, then just contact Ketan or Cheyenne Merrigan to sign up for anything. Read more
October 23 to 29 is National Pro Bono Week 2022!
Pro Bono CommitteeBy Katherine Asaro
The North Carolina Bar Association Pro Bono Committee invites you to join us in celebrating National Pro Bono Week and all things pro bono.
Pro bono legal service is vital in addressing unmet legal needs in North Carolina and across the country. We hope that pro bono is a part of your life and practice throughout the entire year, but also know that there are obstacles to committing time to pro bono. But heed our call: National Pro Bono Week is a great time to start and/or continue the important volunteer legal work that only we, as members of the legal profession, can do. When you provide pro bono legal service, you provide a benefit and skill set to the community that is not being met without your commitment of time and unique professional talents. You have skills and knowledge that are in short supply and desperately needed.
We encourage you to celebrate the important contributions of pro bono across the state and to document your commitment on social media using #CelebrateProBono. Volunteer with your local legal service provider, nonprofit, or other programs (like the North Carolina Pro Bono Resource Center) in need of legal services during pro bono week. We hope that you’ll catch “the bug” and keep or continue pro bono throughout the year!
Read more about the national celebration of Pro Bono Week.
Learn about North Carolina Bar Foundation volunteer opportunities.
Katherine Asaro is the Executive Director or North Carolina LEAF and the NCBA Pro Bono Committee Co-Chair.
Looking Beyond Lawyers to Close the Access to Justice Gap
Family Law Section“If one wishes to know how justice is administered, one does not question the policemen, the judges, or the protected members of the middle class. One goes to the unprotected— those, precisely, who need the law’s protection most! — and listens to their testimony. ~James Baldwin, “No Name on the Street”
The Justice Gap
Civil access to justice is high stakes. It is a prerequisite for meeting fundamental human needs. Without access to justice, individuals are incapable of contesting injustice or holding decision-makers accountable. Access routinely determines whether basic human needs for food, clothing, and shelter will be met, and it can mean everything for a person in crisis. Sadly, when individuals realize they need legal help, they also realize they cannot afford a lawyer. More often than not, they are also ineligible for assistance from legal aid. The difference between the civil legal needs of lower-income Americans and the resources available to meet those needs is what we refer to as the “Access to Justice Gap.” Read more
Taxation of Noncompete Agreements
Tax SectionPurchasers of a successful business have the reasonable concern that the prior owners will use their expertise to open a new business across the street that immediately competes with the one they just purchased. Noncompete agreements are key to ensuring that does not happen. How is the consideration paid for the noncompetition agreement treated under the tax law for both the seller and the purchaser?
A seller may expect, particularly in a stock sale, the cash allocated to a noncompetition covenant will be taxed as long-term capital gain, like the proceeds from the sale of stock. However, payments received for a noncompetition agreement are actually taxed as ordinary income. Therefore, the seller will want to allocate as little as possible to the noncompete and instead maximize the allocation to the stock (in the case of a stock sale) or to goodwill (in the case of an asset sale). In both cases, that allocation will generally result in long-term capital gain, which is taxed at lower rates than ordinary income. Read more
The Cup of Coffee That Helped My Career
Young Lawyers DivisionI didn’t know anyone when I moved from Illinois to North Carolina for law school. As if being a 1L isn’t terrifying enough, the old adage I kept hearing, that “It’s not what you know, but who you know,” made the prospect of networking feel intimidating and mysterious. However, through NCBA’s Grab-A-Coffee Program, I found that an informal meeting turned into a summer internship, three wonderful mentors, and a free pizza (or three).
I first signed up for the Grab-A-Coffee program after receiving an email from my school’s Office of Career and Student Development because the program connected students directly to a lawyer in their field of interest. When Sarah Roane and I first connected, I knew we would get along. Even via email, she came across as warm, brilliant, and excited to help. During our first meeting, she asked me what practice area I was interested in. I told her that I was keeping an open mind and was excited to intern with any practice area. Sarah mentioned that she had a connection to a worker’s comp/personal injury firm in Greensboro and asked if I would be interested in potentially interning there. She told me to bring my resume to that week’s social event, and I did. Within five minutes of meeting James, he told me that they’d try to make something work out. Read more
Attend the 45th Annual Bankruptcy Institute!
BankruptcyAs chair of this year’s planning committee, I invite you to attend the 45th Annual Bankruptcy Institute. The ABI is returning in person for the first time in three years! We will be at the Grandover Resort in Greensboro on November 11 and 12.
Our return to our traditional live format allows us to expand our CLE offerings. We will have breakout sessions specific to business and consumer bankruptcy and panels exploring recent developments in small-business bankruptcies, state-court receiverships, and bankruptcy-related litigation. We will also have programs on the hemp and cannabis industry in North Carolina, ethical issues related to privileges in bankruptcy, and technology tips and tricks for the busy practitioner.
We will provide lunch on November 11, during which a panel of bankruptcy judges from across the state will provide remarks.
A complete agenda is available. We would love to see everyone in Greensboro, but the program will be available via live webcast if you can’t join us in person.
Early Bird Registration ends on October 21. Don’t wait. Register today!
Suicide and the Legal Profession
Intellectual Property Law SectionEarlier this year, a survey of lawyers and staffers hailing mostly from Biglaw revealed that 19% of respondents contemplated suicide at some point in their professional careers. These results, coupled with the shocking death by suicide of attorney and former Miss USA Cheslie Kryst, contributed to a growing groundswell of attention and interest in mental health issues within the legal profession.
Suicide is the 12th leading cause of death in the U.S., yet it’s still a topic that many people are uncomfortable talking about. The stigma surrounding mental health and suicide can make it difficult for those who are struggling to reach out for help. And even when someone does seek help, there’s often not enough available.
Photo by Andrea Piacquadio from Pexels.
We need to do better at breaking the silence around suicide and mental health. By starting the conversation, we can eliminate the stigma and help those who are struggling get the support they need. Read more
Utilization Committee Update – Regulatory Reform Affecting Paralegals in North Carolina and Beyond
Paralegal DivisionBy The Utilization Committee
North Carolina Regulatory Reform Update
It has been two years since the State Bar’s Subcommittee to Study Regulatory Change had its first meeting on June 4, 2020, to study various types of regulatory reform (e.g., limited licensing, court navigators, regulatory sandbox).
Highlights:
Read the report to learn more. Read more
Preparing for Disaster: How Young Lawyers Can Ready Themselves and Their Clients
Young Lawyers DivisionTaylor Dewberry
Shameka Rolla
By Taylor Dewberry and Shameka Rolla
A natural disaster doesn’t end when the wind dies down or the flooding subsides. For the individuals, families, and communities affected, the disaster can drag on for months, even years.
Issues of inequity and unequal access to information/resources are further exacerbated by such disasters and often result in unequal access to disaster relief for several communities, including individuals with disabilities and racially and ethnically diverse communities. Read more