As we all process the ongoing events related to the Covid-19 pandemic, one source of comfort is knowing that helpers, like first responders, healthcare workers, and so many others, are doing the impactful work they’ve always done – saving lives.
Lately, their works seems particularly meaningful and dangerous, but they have been heroes since long before this pandemic.
Another one of the helpers out there is Yazmeen Gadalla. Gadalla, a corporate paralegal at Smith Anderson, has volunteered to help first responders at multiple Wills for Heroes events, and the NCBA Pro Bono Committee is very grateful for her work.
Wills for Heroes is a North Carolina Bar Foundation program that provides essential legal documents like wills, living wills, and powers of attorney to North Carolina first responders free of charge. Gadalla is a North Carolina Certified Paralegal and a Notary Public and helps notarize documents – many of which require not only a Notary, but multiple witnesses – to ensure the first responders receive valid estate planning documents. NCBA Pro Bono Committee member Rachel Royal says that Gadalla has even gone out of her way to volunteer at Wills for Heroes events that are out of town and required her to travel.
During these uncertain times and the impacts of COVID-19, many people are left with questions and a lack of resources to find answers. The Construction Law Section has an opportunity to provide its knowledge and be a source for those with these needs.
The North Carolina Bar Foundation now has three COVID-19 Virtual Legal Hotlines scheduled, and we have been invited to participate in any or all of them:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2020-05-15 09:14:562020-05-15 14:36:44In the Uncertain Times of COVID-19, the Bar can Provide a Source of Refuge for those with Questions – Volunteer Opportunities
The NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how he is overcoming these challenges.
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 YLD2020-05-14 12:07:412023-06-20 12:58:21An Interview With James L. Bobbitt, III
On May 28, 2020, at 4 p.m., the NCBA Workers’ Compensation Section is hosting a free brief presentation/informal discussion and social hour on the topic of “Zoom” mediations. Ketan Soni will be giving a brief presentation on video conference mediations and the Zoom application. Ketan is an attorney in the Charlotte area whose practice focuses on mediations and family law. Ketan has a special interest in technology in the legal world and has developed substantial acumen in video conference mediations.
In preparation for this meeting, we are posting below a brief survey regarding Zoom mediations. We welcome the Section’s feedback to help focus the discussion and make it as worthwhile as possible for all in attendance. We look forward to seeing everyone then!
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.pngWorkersComp2020-05-14 07:04:432020-05-18 09:11:56Getting Your Thoughts on Zoom
The N.C. Supreme Court established the Chief Justice’s Rules Advisory Commission in September 2019 to monitor the N.C. Rules of Civil Procedure and General Rules of Practice. The Commission’s work currently focuses on recommendations for rule changes necessary for a statewide e-filing and case-management system, set to roll out over a five-year period beginning in 2021. NCBA President-Elect Mark Holt serves as one of the practicing attorneys on the Commission along with representatives of the Judicial Branch and at-large members.
The Commission is considering a relatively limited edit of Rules 3 and 5 of the Rules of Civil Procedure to allow filing and service through the electronic filing system. In a recent meeting, there was discussion of an additional potential edit of Rule 5 to allow service by email. Service by email has been authorized by Emergency Directive 6 of the Chief Justice’s April 2, 2020 order addressing the COVID-19 outbreak. The rule edit being considered by the Commission would extend authorization of service by email beyond the time period addressed by the Chief Justice’s order. Additionally, there was some discussion about the possibility of also eliminating service by facsimile.
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 Practice2020-05-13 16:29:452020-05-14 11:40:39Request from NCBA President-Elect Mark Holt
From April 1 through May 3, the North Carolina Bar Association Young Lawyers Division at the direction of Lisa Arthur launched a wellness challenge to promote and celebrate the wellness initiatives of young lawyers across the state in the face of the COVID-19 stay-at-home orders. Each week, lawyers shared their wellness activities in a Strava club and encouraged their peers to do the same. To support wellness in the profession, the YLD agreed to award $75 gift cards to a small business of a young lawyer’s choosing. Today, we recognize the winners and the small businesses the winners support.
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 YLD2020-05-13 15:49:432020-05-13 17:06:55Announcing the Winners of the NCBA YLD COVID-19 Wellness Challenge
On Thursday, May 7, the Workers’ Compensation Section Council held its last quarterly meeting of the 2019-2020 Bar Year. Due to the ongoing public health situation, the meeting was held remotely via Zoom and telephone call-in, which as anyone who has participated in a multi-person virtual conference can confirm, was interesting, to say the least.
Although my term as Chair of the Workers’ Compensation Section is not yet over, it is nearing its end, which allows me to indulge in a bit of reflection. At the beginning of the Bar Year, my goals for the Section included providing quality continuing legal education opportunities, identifying a pro bono project for the Section to support, and creating numerous social/networking opportunities for our members. We were able to coordinate two social/networking opportunities in the first two-thirds of the Bar Year, but the recent public health concerns impacted our ability to move forward with our third event, a baseball game at the Greensboro Grasshoppers in late April. I am certainly disappointed that this event had to be canceled, but my sincere hope is that this will be rescheduled next spring. I look forward to enjoying baseball and beer with my colleagues in the Section.
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.pngWorkersComp2020-05-13 14:30:532020-05-14 09:33:57A Message from the Chair
By Rachel Royal
Perspective. That is what Michael Martinez, Bankruptcy and Corporate Attorney at Grier Wright Martinez, P.A., gleans from his pro bono work. He shares, “It really helps the effectiveness of my tact and approach dealing with my corporate clients when I’m simultaneously working with a pro bono client trying to save a house or put food on the table.” Although he has worked at the same firm since graduating from law school in 2009, Michael has volunteered for a wide variety of pro bono causes.
One of the most meaningful projects was one that he essentially pioneered in 2012 when he assisted terminal cancer patients at a local rehabilitative and palliative care clinic with end-of-life-planning. This project was particularly important because most of the patients were immigrants or underprivileged and unable to otherwise afford the legal assistance needed to prepare their families for the aftermath of their deaths. Many of these patients would leave behind minor children who would subsequently be orphaned which magnified the significance of this work.
Right now, the NCIC has mandated that all mediations must be conducted virtually until June 1, 2020. This time frame could change, so it is important to stay apprised of any changes reflected on both the NCIC website and the NC DRC website. In-person mediations are the most effective particularly when parties are navigating thorny legal or emotional issues. However, I have been thrilled to have the ability to conduct virtual mediations via the Zoom web conferencing platform, and they have gone very well. It really is the next best option to an in-person conference because you can still read facial expressions and body language, which is so important in a mediation.
And so it begins . . . one of the first coronavirus insurance coverage cases in N.C. was filed recently in Guilford County Superior Court. Not surprisingly, the plaintiffs are restaurants that were forced to close or curtail their services due to Gov. Cooper’s stay-at-home order that went into effect in mid-March. Most of the allegations are more legal arguments than facts (read full complaint here), but plaintiffs recognize that one of the issues is whether the government-mandated closings caused “direct physical loss,” which is alleged to be undefined in the policies at issue. There is apparently a “virus” exclusion in some of the policies, but plaintiffs argue that the actual cause of their losses was public fear, commotion, and/or government action. Plaintiffs further contend the court should find coverage for their lost business revenue because they paid premiums for that coverage.
As with most litigation, there will be no quick answers from the Court. I predict we’ll see a decision on a summary judgment motion in about 12-18 months, and then an appeal after that. It’s one to keep an eye on.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00InsuranceLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInsuranceLaw2020-05-13 09:53:432020-08-03 14:34:18COVID-19 Litigation Kicks off in North Carolina
Pro Bono Volunteer Spotlight: Yazmeen Gadalla
Pro Bono CommitteePro Bono Project: Wills for Heroes
Lately, their works seems particularly meaningful and dangerous, but they have been heroes since long before this pandemic.
Another one of the helpers out there is Yazmeen Gadalla. Gadalla, a corporate paralegal at Smith Anderson, has volunteered to help first responders at multiple Wills for Heroes events, and the NCBA Pro Bono Committee is very grateful for her work.
Wills for Heroes is a North Carolina Bar Foundation program that provides essential legal documents like wills, living wills, and powers of attorney to North Carolina first responders free of charge. Gadalla is a North Carolina Certified Paralegal and a Notary Public and helps notarize documents – many of which require not only a Notary, but multiple witnesses – to ensure the first responders receive valid estate planning documents. NCBA Pro Bono Committee member Rachel Royal says that Gadalla has even gone out of her way to volunteer at Wills for Heroes events that are out of town and required her to travel.
Read more
In the Uncertain Times of COVID-19, the Bar can Provide a Source of Refuge for those with Questions – Volunteer Opportunities
Construction Law SectionDuring these uncertain times and the impacts of COVID-19, many people are left with questions and a lack of resources to find answers. The Construction Law Section has an opportunity to provide its knowledge and be a source for those with these needs.
The North Carolina Bar Foundation now has three COVID-19 Virtual Legal Hotlines scheduled, and we have been invited to participate in any or all of them:
COVID-19 Legal Hotlines:
Register here to volunteer for the May 21 Western N.C. event
Register here to volunteer for the May 29 Triangle Area event
Register here to volunteer for the June 12 Triad event
Read more
An Interview With James L. Bobbitt, III
Young Lawyers DivisionThe NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how he is overcoming these challenges.
Read more
Getting Your Thoughts on Zoom
Workers' Compensation SectionBy Barry Jennings
On May 28, 2020, at 4 p.m., the NCBA Workers’ Compensation Section is hosting a free brief presentation/informal discussion and social hour on the topic of “Zoom” mediations. Ketan Soni will be giving a brief presentation on video conference mediations and the Zoom application. Ketan is an attorney in the Charlotte area whose practice focuses on mediations and family law. Ketan has a special interest in technology in the legal world and has developed substantial acumen in video conference mediations.
In preparation for this meeting, we are posting below a brief survey regarding Zoom mediations. We welcome the Section’s feedback to help focus the discussion and make it as worthwhile as possible for all in attendance. We look forward to seeing everyone then!
Click here to take the survey!
Request from NCBA President-Elect Mark Holt
International PracticeThe N.C. Supreme Court established the Chief Justice’s Rules Advisory Commission in September 2019 to monitor the N.C. Rules of Civil Procedure and General Rules of Practice. The Commission’s work currently focuses on recommendations for rule changes necessary for a statewide e-filing and case-management system, set to roll out over a five-year period beginning in 2021. NCBA President-Elect Mark Holt serves as one of the practicing attorneys on the Commission along with representatives of the Judicial Branch and at-large members.
The Commission is considering a relatively limited edit of Rules 3 and 5 of the Rules of Civil Procedure to allow filing and service through the electronic filing system. In a recent meeting, there was discussion of an additional potential edit of Rule 5 to allow service by email. Service by email has been authorized by Emergency Directive 6 of the Chief Justice’s April 2, 2020 order addressing the COVID-19 outbreak. The rule edit being considered by the Commission would extend authorization of service by email beyond the time period addressed by the Chief Justice’s order. Additionally, there was some discussion about the possibility of also eliminating service by facsimile.
Read more
Announcing the Winners of the NCBA YLD COVID-19 Wellness Challenge
Young Lawyers DivisionFrom April 1 through May 3, the North Carolina Bar Association Young Lawyers Division at the direction of Lisa Arthur launched a wellness challenge to promote and celebrate the wellness initiatives of young lawyers across the state in the face of the COVID-19 stay-at-home orders. Each week, lawyers shared their wellness activities in a Strava club and encouraged their peers to do the same. To support wellness in the profession, the YLD agreed to award $75 gift cards to a small business of a young lawyer’s choosing. Today, we recognize the winners and the small businesses the winners support.
Week 1 Winner = Kimberly Hicks
Read more
A Message from the Chair
Workers' Compensation SectionOn Thursday, May 7, the Workers’ Compensation Section Council held its last quarterly meeting of the 2019-2020 Bar Year. Due to the ongoing public health situation, the meeting was held remotely via Zoom and telephone call-in, which as anyone who has participated in a multi-person virtual conference can confirm, was interesting, to say the least.
Although my term as Chair of the Workers’ Compensation Section is not yet over, it is nearing its end, which allows me to indulge in a bit of reflection. At the beginning of the Bar Year, my goals for the Section included providing quality continuing legal education opportunities, identifying a pro bono project for the Section to support, and creating numerous social/networking opportunities for our members. We were able to coordinate two social/networking opportunities in the first two-thirds of the Bar Year, but the recent public health concerns impacted our ability to move forward with our third event, a baseball game at the Greensboro Grasshoppers in late April. I am certainly disappointed that this event had to be canceled, but my sincere hope is that this will be rescheduled next spring. I look forward to enjoying baseball and beer with my colleagues in the Section.
Read more
Pro Bono Volunteer Spotlight: Michael Martinez
Pro Bono CommitteePro Bono Project: Lawyer on the Line
Perspective. That is what Michael Martinez, Bankruptcy and Corporate Attorney at Grier Wright Martinez, P.A., gleans from his pro bono work. He shares, “It really helps the effectiveness of my tact and approach dealing with my corporate clients when I’m simultaneously working with a pro bono client trying to save a house or put food on the table.” Although he has worked at the same firm since graduating from law school in 2009, Michael has volunteered for a wide variety of pro bono causes.
One of the most meaningful projects was one that he essentially pioneered in 2012 when he assisted terminal cancer patients at a local rehabilitative and palliative care clinic with end-of-life-planning. This project was particularly important because most of the patients were immigrants or underprivileged and unable to otherwise afford the legal assistance needed to prepare their families for the aftermath of their deaths. Many of these patients would leave behind minor children who would subsequently be orphaned which magnified the significance of this work.
Read more
Virtual Mediations
Workers' Compensation SectionRight now, the NCIC has mandated that all mediations must be conducted virtually until June 1, 2020. This time frame could change, so it is important to stay apprised of any changes reflected on both the NCIC website and the NC DRC website. In-person mediations are the most effective particularly when parties are navigating thorny legal or emotional issues. However, I have been thrilled to have the ability to conduct virtual mediations via the Zoom web conferencing platform, and they have gone very well. It really is the next best option to an in-person conference because you can still read facial expressions and body language, which is so important in a mediation.
Read more
COVID-19 Litigation Kicks off in North Carolina
Insurance Law SectionAnd so it begins . . . one of the first coronavirus insurance coverage cases in N.C. was filed recently in Guilford County Superior Court. Not surprisingly, the plaintiffs are restaurants that were forced to close or curtail their services due to Gov. Cooper’s stay-at-home order that went into effect in mid-March. Most of the allegations are more legal arguments than facts (read full complaint here), but plaintiffs recognize that one of the issues is whether the government-mandated closings caused “direct physical loss,” which is alleged to be undefined in the policies at issue. There is apparently a “virus” exclusion in some of the policies, but plaintiffs argue that the actual cause of their losses was public fear, commotion, and/or government action. Plaintiffs further contend the court should find coverage for their lost business revenue because they paid premiums for that coverage.
As with most litigation, there will be no quick answers from the Court. I predict we’ll see a decision on a summary judgment motion in about 12-18 months, and then an appeal after that. It’s one to keep an eye on.