Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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for North Carolina State Bar Journal Vol. 16 Issue 2, Summer 2011
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Record #:
14866
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In 1872, the United States Supreme Court ruled that women did not have a constitutional right to join a profession, especially law. That decision was better left to the states. Tabitha Holton of Guilford County was a well-educated young woman, fluent in three languages, and knowledgeable of the law. In 1878, she took the bar examination before the North Carolina Supreme Court and passed, making North Carolina the sixth state and first Southern state to admit women to practice law.
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Record #:
35044
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The author discussed the process that inactive lawyers undergo to have their license to practice reset to active status and the suspension of their license lifted. Reasons Hunt included for a law license becoming inactive ranged from the failure to pay State Bar membership, to complete the requisite CLE courses, or the amount of time for inactivity (which can range from one to seven years). The author also discussed measures attorneys can take to reinstate a license, such as paying membership fees, completing a set number of CLE courses, or the measures necessary for a lapse of more than seven years (which entails re-taking and passing the Bar Exam).
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Record #:
35046
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The classification of legal and illegal rates; rules concerning the representation of parties; what constitutes conflict of interest; the proper delegation of duties. Examples of recent cases tried in court due to violations such as fraud are also included.
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Record #:
35047
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Highlighted in this discussion of the process involving Disciplinary Hearing Committee (DHC) hearings included the description of an actual case, the steps one must take to have a disciplinary action dismissed or taking the preferred legal recourse. Steps include the date and location for the hearing, the time frame for completing a hearing, the allowance of appeals, who may hold hearings, the rules of procedure, and the extent of proof required to try a case before the Grievance Committee (or if necessary the Supreme Court).
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Record #:
35049
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Bryant’s account centered around a type of bicycle ride completed by NC lawyers as part of funding raising efforts for the MS Society. What made this bicycle ride eventful includes a description of the efforts that yielded the highest turnout of participants yet by 2007, the recording breaking amount of donations recorded, and profiles of participating cyclists such as Jenny Bradley, who was inspired to participate because of her father’s battle with the disease. As conclusion for the account were highlights from the author’s own participation in the event that include the number of years he has participated and the friend whose battle lost with MS inspired him to begin taking part in this event.
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Record #:
35052
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The disturbing news, as revealed by the author, involved audited lawyers who fail to reconcile their client trust accounts. What heightened the level of disturbance was the number of incidences, as well as the number of lawyers who repeatedly committed this unethical behavior. In fact, there was a deterrent put into place that involved disciplinary action for non-compliance that failed to curb the count. Accordingly, there was a program created to help lawyers responsibly handle their clients’ trust accounts, the TAC Program.
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Record #:
35054
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Despite there being more women at work in socially prestigious positions—managerial and professional—and advanced degrees such as law, a wage gap still exists. One of the reasons Siebert speculated involved the type of practice that female lawyers are more likely to enter (government), since this type offers a lower salary and an ability to balance work and family that leaves female lawyers working less hours and fewer years. However, further examination of the issue concluded that discrimination and harassment, leading many female lawyers to leave the profession before they can attain earning power comparable to their male counterparts, are playing a greater role.
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Record #:
35056
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An interview with NC native George Oliver focused on the topic of certification: why he decided to get certified, how he prepared for certification, certification’s benefits to his practice, certification’s benefits to his clients, and the benefits of certification to the overall profession.
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Record #:
35058
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Internet based advertising—was the savage beast not easily tamed for lawyers such as the author. Noted challenges that made online promotion of services a creature discomfort were advertising strategies cited as violations of the Rules of Professional Conduct, words taken out of context, and lawyers almost being barred from using a chat service in their web-based ads.
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Record #:
35059
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The Chief Justice of the North Carolina Supreme Court reflected on the complicated relationship between the NC Justice System and the citizens impacted by it. The development of a statewide system in the 1950s made the Tar Heel State the envy of its stately neighbors, but its citizens’ opinion was less than admiring. Evidence that Justice Mitchell displayed, though, made a compelling case for the state’s justice system as all it’s purported to be.
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