Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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153 results
for "North Carolina State Bar Journal"
Record #:
35091
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Thomas Lundsford related the irony of the State Bar, the watchdog for North Carolina’s legal profession, finding itself on the other side of the counsel table through lawsuits by lawyers facing charges such as disbarment and decertification.
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Record #:
35102
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In regards to this issue, Michael Dayton, editor of Lawyers Weekly since 1988, offered reasons why sexual relations between clients and their attorneys occur, sexual relations are more likely to involve female clients, and why this misconduct should be prohibited. As additional evidence, the author cited examples of landmark cases related to this issue.
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Record #:
35103
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What an attorney can do in the event that he/she is aware that a client will offer false information for a case? As Jerry Parnell revealed, a lawyer has three options: privately remonstrate the client; seek withdrawal from the case; if withdrawal will not resolve the issue or cannot be done, disclose the delicate matter to the court.
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Record #:
35104
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The Bates that Lunsford in this case referred to a United States Supreme court case that took twenty years to be resolved. The case, Bates vs Arizona State Bar, involved protection of the First Amendment to the commercial speech (as in, advertisement) of lawyers’ services. The issue was resolved by offering two proposals: proposal A, one which required certain information to be disclosed about the lawyer; proposal B, which prohibited advertising that was false, deceptive, or misleading.
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Record #:
35105
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As Alice Mosley related, the rule prohibits knowingly communicating with a person about a subject matter of the representation without the permission of the represented person’s lawyer. With the exception of “person” being replaced by “party,” the wording remained the same. As the assistant executive director of the North Carolina State Bar proposed, though, changing one word of Paragraph (a) of Revised Rule 4.2 can change the tenor of the sentence. The author suggested that this leaves the interpretation and application of the rule open to debate.
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Record #:
35110
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The interview with the newly elected president of the North Carolina State Bar discussed his vision of the legal profession’s future. What’s not revealed by the interview’s title was the
in-depth view of the profession today, in particular its challenges and ways they are being addressed. Necessary? Yes. As the time honored axiom says and King suggested, those who do not study history are doomed to repeat it.
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Record #:
35111
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As lawyer Leonard Jernigan concluded, the time off was beneficial and necessary. Like any good attorney, though, the author prepared for the possibility that personal benefits and necessity wouldn’t be sufficient evidence for some readers. Accordingly, the author further supports that evidence with the grave consequences of not taking sabbaticals and proposing reasons for not doing so. Highlighted consequences were the physical (such as heart attacks) and emotional (according to one study of 104 professions, lawyers have the highest depression rate).
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Record #:
35401
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According to John Medlin, by the 1970s, the number of felony level criminal convictions and domestic violence reports had skyrocketed in tandem with a population explosion. This left lawmakers and citizens speculating that NC’s Judicial System, without in depth reevaluation since the 1950s, was overdue for a much needed overhaul. In fact, a survey conducted in 1996, part of the Bell Commission, confirmed that the worsening social conditions had not only soured many people’s view of society. It had also soured their view of how the court system was handling—or rather, improperly handling—the crisis. Timely then were suggestions made by the Bell Commission that may bring Tar Heel justice closer to ideal.
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Record #:
35402
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Former Attorney General and Governor Michael Easley reflection focused on two legal profession related topics: the purposes of the Attorney General for the people of North Carolina; major laws enacted during the 1990s in NC; and how litigation and mediation serves to protect the public.
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Record #:
35403
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The authors asserted that the revised Rules of Professional Conduct will impact the State Bar’s disciplinary process in a number of ways. Revised Rule 1.18 is the most marked revision in the text designed to create guidelines for acceptable conduct and crystalize the lawyers’ professional obligations. What the authors concluded is what’s most noticeable about the revised Rules: the Bar’s interpretation of “revised” was open for debate.
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Record #:
35404
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As this sabbatical taker concluded, the time off was beneficial and necessary. Like any good attorney, though, Jernigan prepared for the possibility that personal benefits and necessity wouldn’t be sufficient evidence for some readers. Accordingly, the author further supports that evidence with the grave consequences of not taking sabbaticals and proposing reasons for not doing so. Highlighted consequences were the physical (such as heart attacks) and emotional (according to one study of 104 professions, lawyers have the highest depression rate).
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Record #:
35767
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An ever increasing population and court caseload makes imperative changes in NC’s justice system. The changes highlighted by the author, a Judge for the NC Court of Appeals, are offered with the hope that the justice system, in actuality operating better than many citizens are led to believe, can be closer to ideal. Changes introduced were the District Attorney/Public Defender Case Tracking System, The Civil Case Processing System. As for resources making the changes feasible, Cozort enlightened readers of the Criminal Case Docket Management Program, The Court-Ordered Arbitration Program, and The Custody and Visitation Mediation Program.
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Record #:
36223
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Some were real life converted to reel life, such as Philadelphia (1993) and A Time to Kill (1996). Others were based on novels: Inherit the Wind (1958) and To Kill a Mockingbird (1962). The remaining six were also fictitious accounts of the justice system. Whatever the plot’s source, they offered insightful and entertaining portrayals of life from both sides of the counsellor’s table.
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Record #:
36224
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Terms such as False-Self syndrome, Zealous Advocacy, Always the Helper, and Ignoring Boundaries were applied to lawyers. Being especially vulnerable to depression and suicide, attorneys were cautioned to maintain boundaries between one’s professional and personal life, being true to oneself, and not overextending oneself physically and emotionally.
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Record #:
36225
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Being a public servant entails assuring all segments of the population are able to obtain justice. Assuring lawyers live up to this ethical and professional standard is two requirements. One, attorneys engage in pro bono work. Two, attorneys donate to organizations that help individuals of limited means pay for legal services.
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