Happy October from the NCBA Family Law Section’s CLE committee! We have some exciting updates to share about upcoming CLEs:
Practical Magic: The 2020 Essentials of Family Law will be offered via live webcast on November 5-6. This biannual 2-day program has been updated and refreshed to include in-depth coverage of the statutory Chapter 50 claims, plus presentation on new topics such as domestic violence, technology, evidence, third-party claims, appellate issues, and so much more! Register online here.
The Family Law Section Annual Meeting is scheduled for live webcast on April 30, 2021. This program has been condensed into a 1-day format offering 6.25 hours of CLE credit, including 1.0 hours of substance abuse/mental health credit. Katherine Frye & Jill Jackson are planning an exciting program for our section!
If you have ideas for a great CLE topic, speaker, presentation or course theme, please let us know! Our next meeting is at 1 p.m. on November 18, 2020, via Zoom. All are welcome to join the CLE committee to help plan future CLE courses. We hope to see you soon at an upcoming program!
As a child’s attorney, I read an article by the child psychiatrist, Dr. Roy Lubit, with interest. The article is entitled “Valid and invalid ways to assess the reason a child rejects a parent: The continued malignant role of ‘parental alienation syndrome’” and is available in the Journal of Child Custody, 16(1): pages 42-66. Lubit’s article is loosely based on his review of fourteen child custody evaluations in which the forensic evaluator concluded the child had rejected a parent because of “parental alienation.” Lubit exposes the seriously flawed methodology and implicit bias which, he argues, led the evaluators to interpret the facts of the custody case through the lens of “parental alienation,” and to reach the foregone conclusion that “parental alienation” was responsible for the child’s rejection of a parent. By contrast, Lubit explores how a child’s rejection of visitation with a parent is much more often motivated by one of the following reasons: a) the child’s desire to remain with their primary attachment figure; or b) the child’s justified estrangement from a parent as a result of mistreatment or abuse; or c) a parent with major parenting deficiencies. As Lubit remarks: “[t]ragically for both justice and the welfare of children, conclusions concerning why a child rejects a parent frequently have more to do with who is doing the evaluation than the facts of the case and current scientific knowledge” (10).
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.pngFamilyLaw2020-10-06 14:49:312022-06-02 12:06:48When Children Reject Contact With a Parent
On October 22, 2020, the NCBA Workers’ Compensation Section is hosting a free webinar (not approved for CLE credit) featuring Deputy Commissioner Kevin Howell of the North Carolina Industrial Commission. Deputy Commissioner Howell will be presenting “Practical Tips and Considerations for Webex Hearings.” Due to COVID-19, the majority of NCIC hearings are being held via video conference on the Webex platform. All are invited to learn from Deputy Commissioner Howell’s experiences with the platform and be better able to prepare their case and clients for hearings to come. There will be a questions and answer portion at the end of webinar. Please be sure to sign up here. We look forward to your participation and engagement!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-10-06 14:24:492020-10-06 14:24:49Webinar: Practical Tips and Considerations for Webex Hearings
Process servers are an important part of the legal process. Hiring an experienced process server can mean the difference between having your matter heard or having your matter continued or dismissed.
In some situations, process servers provide defendants with notice of a pending lawsuit and uphold due process of law. Other times process servers serve amended pleadings, orders, hearing notices, subpoenas and other tools of discovery, or “other papers.”
Many times process servers are hired to meet a procedural requirement. Other times they are hired in an abundance of caution to make sure the opposing party receives a demand letter, pre-litigation notice, or even motions and orders.
Don’t We Have Sheriff’s Deputies for That?
When procedural rules allow the use of process servers, they can work closely with an attorney or paralegal to plan a course of action that increases the chance of a favorable outcome. Process servers have much more flexibility than a sheriff’s deputy or delivery service. A sheriff’s deputy or delivery service will have other duties and are usually unable to serve your target at the precise time needed, especially if there is a narrow window of opportunity. Process servers also have the ability to wait for targets to show up at designated locations if the target is not immediately available.
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.pngParalegals2020-10-06 10:51:462020-10-06 10:51:46Best Practices for Working with a Process Server
Members of the Sports & Entertainment Law Section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL members.
The text of the Order includes changes to mailing and cover sheet requirements that affect any filings you make with North Carolina courts. I am including the tracked changes in this blog post, but you can also see a PDF of the order at the link provided above:
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.pngParalegals2020-10-02 10:33:162020-10-05 11:56:41Read Before You File – Supreme Court of North Carolina Amends Rule 5 of the General Rules of Practice
You may be an in-house attorney at an organization subject to specific compliance requirements or you may work at a law firm and handle sensitive client information, including information subject to laws such as the N.C. Identity Theft Protection Act. In either case, you need to show your business partners that data managed by your organization is protected. You, as an attorney in the room, can help your organization or law firm reduce the risk of a high-profile breach or ransomware attack. Read on to learn about technical approaches to address these concerns.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Privacy and Data Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPrivacy and Data Security2020-10-01 10:55:042020-10-01 16:28:14Worried about Hackers? Take Proactive Measures by Hiring Someone to Test Your Network
Each year, the International Law Section’s Law School Liaison Committee organizes panels of international attorneys to speak to each of the North Carolina Law Schools. This year will be somewhat different as we anticipate that any panels we are able to arrange will be held virtually. The panels are composed of 3-4 international attorneys from our Section who would be willing to speak to law students about their international legal careers and the opportunities in the international legal arena. Many students would like to have an international legal career but don’t know where to start, what the opportunities are, how to prepare, or what to expect. The panelists’ experiences can address these issues in an informal forum. Typically, each panelist would talk for a few minutes about their backgrounds, their international practice, how they got involved in international law and opportunities they see. It is then opened to Q&A. It is a rewarding experience providing information on your international careers, international legal career opportunities and career suggestions and advice.
Presently, we are looking for volunteers for the following virtual event:
UNC School of Lawvirtualpanel on Tuesday, October 13, 2020 at 12:00 – 1:00 p.m. (2-3 panelists needed).
If you are interested in serving on a panel, please reach out to Laura Burton ([email protected]). We appreciate your willingness to volunteer.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-10-01 10:48:572020-10-01 11:09:09Panelists Needed for UNC School of Law Virtual International Law Panel
In mid-September, Chief Administrative Law Judge Julian Mann issued updates regarding OAH’s response to COVID-19. The guidance provides background and updates regarding interactions with OAH staff with regard to hearings, rules, the Rules Review Commission, the Civil Rights Division, and the Human Relations Commissions. The updates may be viewed on the OAH website.
Senator Cory Booker will be joining Duke Law’s Sports and Entertainment Law Society for a Zoom conversation on NCAA reform on Friday, October 2, from 12:30-1:45 p.m. Opening remarks will be provided by Duke Professor Paul Haagen, and the conversation will be hosted by students of Duke’s Future of College Sports Initiative. The conversation will focus on Senator Booker’s recent College Athlete Bill of Rights proposal, his thoughts on race and sports, and the role of public figures of minority backgrounds. Senator Booker, a former All-American football player at Stanford, is a leading policymaker on NCAA reform.
If interested in virtually attending this free event, click here to register.
In the coming year, the Future of College Sports Initiative here at Duke will continue to focus on legal, policy, and business issues facing college sports reform by hosting regular virtual conversations on Zoom.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2020-09-30 16:30:542020-09-30 16:30:54The Future of College Sports: A Conversation with Senator Cory Booker
Family Law CLE Schedule
Family Law SectionHappy October from the NCBA Family Law Section’s CLE committee! We have some exciting updates to share about upcoming CLEs:
Practical Magic: The 2020 Essentials of Family Law will be offered via live webcast on November 5-6. This biannual 2-day program has been updated and refreshed to include in-depth coverage of the statutory Chapter 50 claims, plus presentation on new topics such as domestic violence, technology, evidence, third-party claims, appellate issues, and so much more! Register online here.
The Family Law Section Annual Meeting is scheduled for live webcast on April 30, 2021. This program has been condensed into a 1-day format offering 6.25 hours of CLE credit, including 1.0 hours of substance abuse/mental health credit. Katherine Frye & Jill Jackson are planning an exciting program for our section!
If you have ideas for a great CLE topic, speaker, presentation or course theme, please let us know! Our next meeting is at 1 p.m. on November 18, 2020, via Zoom. All are welcome to join the CLE committee to help plan future CLE courses. We hope to see you soon at an upcoming program!
When Children Reject Contact With a Parent
Family Law SectionAs a child’s attorney, I read an article by the child psychiatrist, Dr. Roy Lubit, with interest. The article is entitled “Valid and invalid ways to assess the reason a child rejects a parent: The continued malignant role of ‘parental alienation syndrome’” and is available in the Journal of Child Custody, 16(1): pages 42-66. Lubit’s article is loosely based on his review of fourteen child custody evaluations in which the forensic evaluator concluded the child had rejected a parent because of “parental alienation.” Lubit exposes the seriously flawed methodology and implicit bias which, he argues, led the evaluators to interpret the facts of the custody case through the lens of “parental alienation,” and to reach the foregone conclusion that “parental alienation” was responsible for the child’s rejection of a parent. By contrast, Lubit explores how a child’s rejection of visitation with a parent is much more often motivated by one of the following reasons: a) the child’s desire to remain with their primary attachment figure; or b) the child’s justified estrangement from a parent as a result of mistreatment or abuse; or c) a parent with major parenting deficiencies. As Lubit remarks: “[t]ragically for both justice and the welfare of children, conclusions concerning why a child rejects a parent frequently have more to do with who is doing the evaluation than the facts of the case and current scientific knowledge” (10).
Read more
Webinar: Practical Tips and Considerations for Webex Hearings
Workers' Compensation SectionOn October 22, 2020, the NCBA Workers’ Compensation Section is hosting a free webinar (not approved for CLE credit) featuring Deputy Commissioner Kevin Howell of the North Carolina Industrial Commission. Deputy Commissioner Howell will be presenting “Practical Tips and Considerations for Webex Hearings.” Due to COVID-19, the majority of NCIC hearings are being held via video conference on the Webex platform. All are invited to learn from Deputy Commissioner Howell’s experiences with the platform and be better able to prepare their case and clients for hearings to come. There will be a questions and answer portion at the end of webinar. Please be sure to sign up here. We look forward to your participation and engagement!
Best Practices for Working with a Process Server
Paralegal DivisionBy Tracker Legal Services
What Do Process Servers Do?
Process servers are an important part of the legal process. Hiring an experienced process server can mean the difference between having your matter heard or having your matter continued or dismissed.
In some situations, process servers provide defendants with notice of a pending lawsuit and uphold due process of law. Other times process servers serve amended pleadings, orders, hearing notices, subpoenas and other tools of discovery, or “other papers.”
Many times process servers are hired to meet a procedural requirement. Other times they are hired in an abundance of caution to make sure the opposing party receives a demand letter, pre-litigation notice, or even motions and orders.
Don’t We Have Sheriff’s Deputies for That?
When procedural rules allow the use of process servers, they can work closely with an attorney or paralegal to plan a course of action that increases the chance of a favorable outcome. Process servers have much more flexibility than a sheriff’s deputy or delivery service. A sheriff’s deputy or delivery service will have other duties and are usually unable to serve your target at the precise time needed, especially if there is a narrow window of opportunity. Process servers also have the ability to wait for targets to show up at designated locations if the target is not immediately available.
Read more
Articles of Interest (September 2020)
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law Section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL members.
Read Before You File – Supreme Court of North Carolina Amends Rule 5 of the General Rules of Practice
Paralegal DivisionBy Alicia Mitchell-Mercer
On September 23, 2020, the Supreme Court of North Carolina amended Rule 5 of the General Rules of Practice for the Superior and District Courts. The court’s order amending Rule 5 is effective as of October 1, 2020.
The text of the Order includes changes to mailing and cover sheet requirements that affect any filings you make with North Carolina courts. I am including the tracked changes in this blog post, but you can also see a PDF of the order at the link provided above:
Read more
Worried about Hackers? Take Proactive Measures by Hiring Someone to Test Your Network
Privacy and Data SecurityYou may be an in-house attorney at an organization subject to specific compliance requirements or you may work at a law firm and handle sensitive client information, including information subject to laws such as the N.C. Identity Theft Protection Act. In either case, you need to show your business partners that data managed by your organization is protected. You, as an attorney in the room, can help your organization or law firm reduce the risk of a high-profile breach or ransomware attack. Read on to learn about technical approaches to address these concerns.
Read more
Panelists Needed for UNC School of Law Virtual International Law Panel
International Law, International Law & Practice, International PracticeEach year, the International Law Section’s Law School Liaison Committee organizes panels of international attorneys to speak to each of the North Carolina Law Schools. This year will be somewhat different as we anticipate that any panels we are able to arrange will be held virtually. The panels are composed of 3-4 international attorneys from our Section who would be willing to speak to law students about their international legal careers and the opportunities in the international legal arena. Many students would like to have an international legal career but don’t know where to start, what the opportunities are, how to prepare, or what to expect. The panelists’ experiences can address these issues in an informal forum. Typically, each panelist would talk for a few minutes about their backgrounds, their international practice, how they got involved in international law and opportunities they see. It is then opened to Q&A. It is a rewarding experience providing information on your international careers, international legal career opportunities and career suggestions and advice.
Presently, we are looking for volunteers for the following virtual event:
If you are interested in serving on a panel, please reach out to Laura Burton ([email protected]). We appreciate your willingness to volunteer.
OAH Updates: Response to COVID-19
Administrative LawIn mid-September, Chief Administrative Law Judge Julian Mann issued updates regarding OAH’s response to COVID-19. The guidance provides background and updates regarding interactions with OAH staff with regard to hearings, rules, the Rules Review Commission, the Civil Rights Division, and the Human Relations Commissions. The updates may be viewed on the OAH website.
The Future of College Sports: A Conversation with Senator Cory Booker
Sports & Entertainment Law SectionSenator Cory Booker will be joining Duke Law’s Sports and Entertainment Law Society for a Zoom conversation on NCAA reform on Friday, October 2, from 12:30-1:45 p.m. Opening remarks will be provided by Duke Professor Paul Haagen, and the conversation will be hosted by students of Duke’s Future of College Sports Initiative. The conversation will focus on Senator Booker’s recent College Athlete Bill of Rights proposal, his thoughts on race and sports, and the role of public figures of minority backgrounds. Senator Booker, a former All-American football player at Stanford, is a leading policymaker on NCAA reform.
If interested in virtually attending this free event, click here to register.
In the coming year, the Future of College Sports Initiative here at Duke will continue to focus on legal, policy, and business issues facing college sports reform by hosting regular virtual conversations on Zoom.