Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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161 results
for "North Carolina State Bar Journal"
Record #:
42559
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In the case of trials by jury, Wilson notes the decreasing number of trials with juries in recent years. From this admission leads to him acknowledging how lawyers’ inadequate court trial experience also impacts the quality of court trials. It is the lack thereof, that, according to the author, lawyers are obligated to acknowledge to their clients, per State Bar Rules of Professional Conduct.
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Record #:
42560
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Popularly touted in recent years to help combat anxiety, depression, and stress, Mahr proposes that lawyers can benefit from this form of meditation when combatting the stress generated from their work experience. As evidence for the need and potential benefits, the author notes lawyer participants in a study who reported a considerable impact to their work performance and stress levels, as well as a source providing more information about the practice. In fact, from such studies and resources, Mahr, herself a beneficiary of mindfulness, was encouraged to start up a Mindfulness Meditation to Build Resilience to Stress curriculum for lawyers.
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3.What’s on Your Minds? by Merritt, Mark North Carolina State Bar Journal Vol. 22 Issue 3, Fall 2017
Record #:
42561
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The author’s experience as a State Bar officer has taken him across the state and legal profession as it’s represented in North Carolina. From his experience, Merritt notes the changing public perception of the legal profession in North Carolina. From a statewide level, he also notes how population shifts since 2015, emerging technologies, and opioid dependence crisis have impacted the quality and quantity of its legal services. This acknowledgement leads to information about a resource that can change the quality of this impact for lawyers and the public.
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Record #:
42562
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The authors ascertain that race can play a considerable role in the quality of jury selection, and in the process, the legal profession overall. Through examining illustrations of research studies, as landmark cases and legislation, and the Batson framework’s three step analysis, Coleman and Weiss assert its powerful potential for litigants, the community, and jurors who are wrongfully excluded from participating in the judicial process.
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Record #:
42563
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A series of articles based on lawyers’ reflections of books that had a personal impact continues with Buchan’s reflection on Richard Kluger’s Simple Justice. In his analysis, he discussed the quality of the text’s writing and information, as it collectively changed his perception about the role that blacks played in the mentioned watershed Civil Rights cases. His analysis included representatives of the court system of that time period such as Thurgood Marshall.
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Brown v Board of Education ; Justice system--United States Supreme Court--Jim Crow era; Justice system--United States Supreme Court--Thurgood Marshall ; Federal district judges--United States--Waties Waring ; Litigators--Civil Rights cases--1930s--Charles Houston; Justices--United States Supreme Court--John J. Parker
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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