Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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157 results
for "North Carolina State Bar Journal"
Record #:
42564
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The authors assert the deleterious role that court costs, outpacing inflation and steadily rising the past two decades, are playing in indigent clients’ ability to afford justice at the same level of their more prosperous counterparts. Underscoring their argument about this impact are a chart that chronicles how district and superior court costs have exponentially risen between 1995-2015. They include as assertion of the costs associated with incarceration of individuals charged with minor offenses, associated costs to taxpayers perhaps preventable by clients being able to pay court costs accrued earlier in the legal process.
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Record #:
42565
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Dubbed the “trial of the century,” a court case filed in 2015 charged that pollution-generating activities were endangering the constitution rights of citizens between 9-21. Owens and Knocsol discuss Juliana v United States’ history and legal impact of this watershed court case. It serves as groundwork for their concluding plea: to combat the deleterious environmental impact of pollution-generating activities, particularly for the sake of present youth and future generations.
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Record #:
42566
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Wilson’s article reflected on the court case arising from the New York Times’ chronicling the injustice against civil rights workers by the Montgomery police and the false perjury charge against Martin Luther King, Jr. in the spring of 1960. To convince readers that this injustice was not an isolated incident, or one related exclusively to Jim Crow culture, Wilson included in examples of course cases filed in the decades since New York Times v Sullivan. More information about this topic can be found in Wilson’s inclusion of two books about this landmark case: Make No Law: The Sullivan Case and First Amendment and New York Times v Sullivan: Civil Rights, Libel Law, and the Free Press.
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Record #:
42567
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Critchfield’s article opened with a discussion of characteristics perhaps associated with a professionalism in many fields, such as confidence, personal integrity, and empathy. This led into his proposal of how to develop such characteristics in lawyers before their entrance into the courtroom. He suggested an orientation course before students’ first year in law school that introduces them to what it means to be a professional. Examples of themes he offered for its curriculum include fiduciary duties, advocacy, and limitations on conduct.
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Record #:
42568
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The author’s reflection on the value of research, a well-stocked law library, and helpful librarians for attorneys led to examining the coda for this state’s legal profession, General Statues of North Carolina. From there, Culver asserted its worth by discussing sample articles from its volumes. Perhaps of particular interest to today’s lawyers is an article he noted from it that contained sample study questions for North Carolina's 1919 Bar Exam.
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Record #:
42569
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Young observed that the general trend toward casual attire in the workplace has found its way in the courtroom, which led to her assertion that at least some professions should uphold the conventional dress style for their workplaces. Noting that the North Carolina Rules for Professional Conduct does not contain a dress code, the author proposed her list that consisted of rules for lawyers to follow, so that they may reflect professionalism in their attire as well as their demeanor.
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Record #:
42570
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Providing a complete history of North Carolina’s District Courts entailed going back than the widely celebrated year of origin. With 1955, its true starting point, as a reference, the author traced the District Court’s history by first examining the Bell Commission’s role in this District Court’s creation and participation in the state’s 1959, 1961, and 1963 General Assemblies. Acknowledging the Bell Commission’s momentous role led into his examination of the Court Commission’s role from 1963-1989 and Futures Commission’s role from 1994-1997.
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North Carolina District Court--history ; North Carolina District Court--history--Luther Hodges ; North Carolina District Court--history--State Bar Association; North Carolina District Court and Bell Commission; North Carolina District Court and Futures Commission; North Carolina District Court and Court Commission
Record #:
42571
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An addition to the Professional Rules of Conduct in 2015, Bolac discusses this rule’s role in lawyers’ professional conduct. From a discussion of its background, he explained its Amendments to Rule, notably its Definitions, General Rules, Reporting Professional Misconduct, Records and Accountings, and Alternative Trust Account Management Procedure for Multi-Member Form. This explanation was followed by the compliance checklist, leading to his conclusion that reiterated the value of this new rule.
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Professional Rules of Conduct and Trust Accounting Rule Amendment; Professional Rules of Conduct--North Carolina--Amendment to Rule 1.15; Professional Rules of Conduct--Amendment to Rule 1.15--North Carolina State Bar ; Professional Rules of Conduct--Amendment to Rule 1.15--Trust Accounting Training Courses; Professional Rules of Conduct--Amendment to Rule 1.15--State Bar Council; Professional Rules of Conduct--Amendment to Rule 1.15--Margaret Hunt
Record #:
42572
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The buzz in this case was the correlation between attorneys, mental health issues, and alcoholism. A recent study noted by Moraites revealed what has been known within the legal profession for decades: lawyers have a greater disposition to mental health issues such as depression, and substance abuse issues such as alcoholism, than the general population. Points addressed further by the author included statistical data that revealed younger lawyers are more at risk and barriers to recovery particular to attorneys. Countering the sobering statistics and findings was information about the Lawyer Assistance Programs such as NC LAP, of which Moraites serves as the director.
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Record #:
42573
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The author used the recent efforts to reinvigorate NC LAP Foundation’s coffers as an opener for his discussion of its history. Included in his discussion of how NC LAP functions currently are its services and support for lawyers seeking recovery for substance abuse and mental health issues. Concluding his discussion of NC LAP was the increasing need for its resources and how NC LAP continues to fulfill its mission.
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Record #:
42574
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An examination of how North Carolina’s District Court has evolved since 1966 entailed comparisons that could be measured by society’s changing perception to issues such as gender equality, substance abuse, at risk children, and domestic violence. Introducing these issues bridged the author’s discussion of how they are handled within the context of civil and criminal jurisdictions and in the face of present social issues such as cultural diversity. From this discussion, Drennan concluded the evolving role of judges and technology in particular will play an important part in how North Carolina’s District Court adjusts to inevitable change.
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North Carolina District Court--history ; North Carolina District Court and sociocultural changes; North Carolina District Court and population demographics ; North Carolina District Court and self-litigants ; North Carolina District Court and election rules ; North Carolina District Court--court costs--financing
Record #:
42575
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The prominence and challenges of social media in the legal profession were measured by McLaughlin by statistical data and his discussion of common problems arising from its misuse, examples of improper use, and advice on how to properly use it. Included by the author were rules in the Professional Rules of Conduct that, while not explicitly referencing social media, can help lawyers to conduct themselves appropriately in the Internet realm.
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Record #:
42576
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Clarifying the confusion between BarCARES and NC LAP were the authors’ descriptions of these organizations for legal community members experiencing mental health and/or substance abuse issues. The authors’ clarification was provided within the context of services, resources, and whom within the legal community each organization serves. In defining their uniqueness, Barnhardt and Moraites also emphasized the common goal of BarCARES and NC LAP, whether working together or independently . It is assisting representatives of the legal community in maintaining their professional and personal well-being.
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Record #:
42578
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The Special Education Juvenile Justice Project (SEJJP), created by attorneys Christine Trottier and Deborah Greenblatt, has been instrumental in its assistance to students attending North Carolina public who have disabilities. These two attorneys, also instrumental in starting Carolina Legal Assistance, (the predecessor of Disability Rights NC) were acknowledged in the descriptions of the services and resources they help to bring to generations of public school students with disabilities. Included in this profile of these lawyers and their programs were information about services available within the school system available for students with disabilities and statistics that highlight the need for these services. More information about Christine Trottier’s role in promoting the rights of these students can be found in the interview at the conclusion of Whitford’s article.
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Special Education Juvenile Justice Project--see also SEJJP; SEJJP--public school students with disabilities--North Carolina ; Carolina Legal Assistance--public school students with disabilities--North Carolina ; Disability Rights NC--public school students--North Carolina ; Christine Trottier--public school students--disabilities ; Deborah Greenblatt--public school students--disabilities
Record #:
42579
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The use of collaborative law, formerly confined to domestic disputes, could be expanded to include civil disputes, thanks to the workshop the authors were proposing. Their workshop would convey criteria that lawyers may use to determine if a case can be settled outside of court. Other information lending understanding of collaborative law was a discussion of the negotiation model and example cases.
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