Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view GP, Small Firm & Solo Section CLE Programs, click here.

2008 Law Practice Management Section Annual Meeting

Abstract: Technology for the Rest of Us: The $5000 Law Office ... All the Parts and Pieces to Make Your Practice Hum (What you should buy, how to put it all together and how to learn how to integrate the tools into your practice. Topics include: the Internet, what lawyers should and should not be doing online, voice recognition software, low-cost networking and internetworking, virtual lawyering, PDFing for e-filing in the courts, electronic collaboration with clients and co-counsel, data backup, ethical and legal issues associated with technology and more.) ... How to Grow Your Referral Network in Four Easy Steps ... Management Mistakes I've Made and What I Learned - An Interactive Program ... 6 Times 10 = A Great Marketing Idea - 6 Minutes on Marketing from Ten Successful Attorneys ... The Paper LESS Office: Shattering the Paperless Office Myth with a Process that Works! ... Managing the Paper Monster ... *Click below on "view TOC" to search the Table of Contents*

2009 Health Law Section Annual Meeting

Abstract: RAC Audits: Corporate Compliance Redux (Recovery Audit Contractors ("RACs"): Pilot program results, Permanent program features and RAC audits) ... Hidden Liabilities in the Electronic Medical Record (The push for electronic medical records and the top 10 reasons why they are here to stay, Risks endemic to electronic medical records including metadata, electronic discovery, medical malpractice and Medical malpractice study: EMRs as both sword and shield) ... Medical Board Hot Topics (Physician profile rules - the public reporting of malpractice settlements and awards, Supervision of allied health professionals and Physician ethics and capital punishment) ... Fiduciary Responsibilities of Directors of Health Care Organizations for Oversight of Quality and Patient Safety: Emerging Theories of Liability (Role of directors in health care organizations, and the emerging theories of liability regarding directors' duties.) ... New Hospice Conditions of Participation (Contract requirements, Nursing facility agreements, Medical director agreements, General inpatient and respite care agreements and Certification surveys) ... Understanding How the Government Regulates Drugs and Medical Devices (FDA regulations of drugs and medical devices; the new administration) ... Thriving and the Legal Profession (Job dissatisfaction and depression)

2009 Law Tech Expo®

Abstract: E-Discovery for Everyday Cases (How can you effectively use computer forensics in everyday cases? How much might it cost you? How do you select a vendor that will be proficient, and yet as cost-conscious as you are? How much should you expend to spend at the end of the day? What methods are there to hone in on the most valuable evidence quickly?) ... Managing and Protecting Client Documents: Choosing Between Hosted and Local (Document management software helps us create, store, and manage these documents so that we can efficiently represent our clients. Are lawyers better off using a solution that stores our documents locally within the four walls of our offices or stored in sophisticated data centers that we access through the internet?) ... Panel Discussion ... Managing Your Caseload in the Cloud: Ethical, Professional and Practical Implications ... Paperless Client Communications (Ethical issues: protecting the client's confidentiality, maintaining privilege and duties to prospective clients. What tools and technologies can lawyers use to enhance electronic communication with clients, collaborate on digital documents and reduce paper in the office? From certified delivery email services to online document review to digital signatures!) ... The Big Picture: Using Technology to Improve Professionalism, Quality of Life and Value to the Client ... 60 Tips in 60 Minutes

24th Annual NC/SC Labor & Employment Law Update and Annual Meeting

Abstract: Supreme Court Update (Decisions of the U.S. Supreme Court since October 2007) ... Electronic Discovery in Employment Cases OR FMLA Military Leave - 26 Weeks, Really? ... NC Case Update OR SC Case Update ... *Ethics for the Employment and Labor Lawyer ... District Court Law Clerks Panel on Lawyer Dos and Don'ts in Labor and Employment Cases ... Strategies for Addressing "Me-Too" Evidence - A Marathon Rather Than a Sprint (Recent U.S. Supreme court decision Sprint v. Mendelsohn; Fourth Circuit) ... The New Look of Diversity - Advising Business Clients on the Evolution in Diversity Initiatives (Transgender awareness to supplier diversity risk issues to reverse discrimination claims) ... Issues Facing Corporate Counsel - Reductions in Force and Family Responsibilities Discrimination (RIF's, leaves of absence and caregiver responsibilities) OR EPLI Issues - Typical Policies, Terms Coverages, and Claims Handling (policy, key definitions, coverages and exclusions, and some differences between policies) ... Experiences at the U.S. Supreme Court (Sprint v. Mendelsohn; Burlington Northern Santa Fe Railway v. White; Kolstad v. ADA, Oncale v. Sundowner Offshore Oil, Faragher v. Boca Raton, and Burlington Industries v. Ellerth) ... NLRB Update OR Trends in Punitive Damages ... *Click below on "view TOC" to search the Table of Contents*

29th Estate Planning and Fiduciary Law Program

Abstract: Recent Developments ... What's New and What's Left in Sophisticated Life Insurance Techniques ... Litigation Issues in Estate Planning and Administration ... "OOO La La, The Paranoid Planner Returns, This Time With an International Flair!" (effective disposition of asset considerations, situs and treaty issues, and the non-citizen spouse provisions) ... Succession Planning for the Owner of a Closely Held Business ... Operating a Private Foundation ... End of Life Planning ... Community Property for North Carolina Lawyers - What You Don't Know Can Hurt You ... Retirement: Plan Early and Often-Putting Tax-Deferred Accounts to Best Use ... *Staying Out of Trouble with Clients and the State Bar ... Planning to Minimize the Generation-Skipping Transfer Tax ... *Click below on "view TOC" to search the Table of Contents*

30th Annual Estate Planning & Fiduciary Law Program

Abstract: Recent Developments (Wealth transfer planning; trust and estate administration and charitable giving.) ... Repeal of NC Rule against Perpetuities ... Trust Decanting: An Overview and Introduction to Creative Planning Opportunities ... Court Proceedings Involving Trusts Sophisticated Asset Protection Planning Tools and Techniques Including Offshore Trusts (Analysis of the decreasing protections afforded by bankruptcy statutes, LLCs, LPs and spendthrift trusts) ... Probate Mediation/Mediation Before the Clerk ... Estate Administration Issues for the Non-Taxable Estate (Insolvent or illiquid estate, elective share rights, summary administration, probate and caveat proceedings) ... When Donors Want to Make the Rules: Dealing with Donor-Imposed Restrictions on Charitable Gifts (Restrictions and limitations; Uniform Prudent Management of Institutional Funds Act.) ... Substance Abuse ... Open Issues and Close Calls - Using Grantor Trusts in Modern Estate Planning ... The Perfect Country Song: A Panel Discussion of Non-Tax Estate Planning and Drafting Along Life's Winding Country Roads (Blended families, problem assets/beneficiaries, creative distributions from trusts, Trustee selection, and equalizing distributions among beneficiaries.)

8th Annual NC/SC Tax Section Workshops

Abstract: Case Law Update (Recent developments in tax litigation) ... North Carolina Department of Revenue Update (North Carolina state tax issues) ... South Carolina Department of Revenue Update (South Carolina state tax issues) ... Roundtable: Individual and Corporate Tax Aspects of Bankruptcy; Bankruptcy Law for Tax Lawyers (As part of our continuing partnership with the American Bar Association Section of Taxation, three nationally-recognized speakers will discuss tax and non-tax issues in bankruptcies and workouts. These topics promise to be especially relevant in these difficult economic times.) ... Practical Tips to Serving as Tax Counsel in Lawsuit Settlements and Judgments (The federal income taxation of settlements and judgments that benefit both tax lawyers and non-tax lawyers.) ... *Ethics Including Circular 230 (Ethical issues inherent in a document all tax practitioners should be familiar with - IRS Circular 230)

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Annual Franchise and Distribution Law Devlopments 2007 By David S. Sager and Jonathan Solish

Abstract: A review of the past year's judicial development in franchise and distribution law Written by two seasoned professionals, this book includes extensively researched case law from August 2006 to August 2007. Compiled into an easy-to-use reference, this book will cut timely research out of your day by putting the latest review and analysis on franchise and distribution law at your fingertips.

Bankruptcy for the Non-Bankruptcy Attorney

Abstract: n/a

Basics and Beyond: Elder Law

Abstract: Practice Management (So you want to be an Elder Law attorney? Organize your time, your clients, and practical marketing tips for building a successful and rewarding Elder Law practice.) ... Supplemental Security Income (SSI) Basics ... Social Security, SSI and Family Law (Public benefit planning in divorce, child support and non-traditional marriages) ... Guardianships and Incapacity (A step by step comprehensive guide for the beginning practitioner from initial filing through termination.) ... Medicaid Estate Recovery ... Medicaid Planning for Nursing Home and Special Assistance ... Appeals (Your planning is denied. How do I appeal?) ... Basic SNT Overview ... SNT Drafting (Sample forms, sample clauses, and important resources for building and maintaining SNT expertise)

Basics of Franchise Law

Abstract: n/a

Basics of Will and Revocable Trust Drafting (2008)

Abstract: Basics of Estate Planning (Definition of estate planning; goals and objectives; significance of title, form or ownership and beneficiary designations; types of wills; statutory alternatives to wills; durable powers of attorney; health care powers of attorney; living wills; basic transfer tax concepts) ... Will Drafting: Non-Tax Issues (Exordium clause; payment of debts and other claims against the estate; funeral, burial or cremation instructions; devise of tangible personal property, real property and residuary estate; execution procedures) ... Will Drafting: Tax Issues (Planning for estate tax savings with marital and credit shelter trusts; tax implications of fiduciary selection and fiduciary powers) ... Revocable Trust Drafting (Uses of revocable trusts; funding issues and transfer of assets to trusts; disposition of personal property and real property; integration of tax planning strategies) ... *Click below on "view TOC" to search the Table of Contents*

Can You Hear Me Now? Hot Topics in Administrative Law (Joint Administrative Law and GP, Small Firm and Solo Practitioner Section Annual Meeting)

Abstract: Annual Update on Developments in Administrative Law ... Discovery & Hearings Before the Office of Administrative Hearings ... Tax Appeals to OAH ... A View from the Bench ... *Ethics/Professionalism (Ethical issues that arise when a petitioner or respondent appears in an administrative hearing pro se, or worse yet, represented by an attorney who is not knowledgeable of the nuances of administrative law.) ... Legislative Update ... Occupational and Professional Licensing ... Matters Before Agencies with Hearing Officers DMV ... *Click below on "view TOC" to search the Table of Contents*

Condominium Law in North Carolina, Douglas Scott MacGregor, Esq

Abstract: Condominium law is a fast growing practice area that encompasses both real property and corporate law principles, but is governed in North Carolina by the extensive Uniform Condominium Act. It combines traditional fee simple ownership with a shared interest in commonly owned property and adds a community "government" by requiring an association with an elected Board of Directors. North Carolina Condominium Law is a practical guide and comprehensive analysis of the law governing condominiums in North Carolina. It treats the prior North Carolina Unit Ownership Act and its current applicability; the Condominium Declaration, its contents, amendment, enforcement, and judicial construction; Purchaser protections, both state and federal; Associations, their creation, powers, and duties; Assessments for common expenses; Condominium rules and regulations; Conversion of existing properties to condominium ownership. Douglas MacGregor has written about condominiums and community associations for over 25 years. His books include Florida Condominium Law and Condominium Law in South Carolina.

Defending Against IRS Collections - Part 1

Abstract: With substantial power to freeze or seize assets, IRS collections can easily disrupt the operations of your client's business or their lives and livelihood. Led by two experienced tax litigators, this audio CD provides you a practical guide to defending against IRS collection activity for individuals and small to medium size businesses. The audio CD focuses on crucial steps in the collection process, how to preserve your clients assets and freedom of action as the process unfolds, how to respond and negotiate with the IRS, the appeals process and practical techniques for penalty abatement. Topics include: overview of IRS collection process, obtaining IRS records, responding to the IRS, liens and levies and negotiating with the IRS.

Defending Against IRS Collections - Part 2

Abstract: With substantial power to freeze or seize assets, IRS collections can easily disrupt the operations of your client's business or their lives and livelihood. Led by two experienced tax litigators, this audio CD provides you a practical guide to defending against IRS collection activity for individuals and small to medium size businesses. The audio CD focuses on crucial steps in the collection process, how to preserve your clients assets and freedom of action as the process unfolds, how to respond and negotiate with the IRS, the appeals process and practical techniques for penalty abatement. Topics include: appeals process, forms of settlement, including installment agreements, trust fund recovery penalty, penalty abatements, injunction relief from collections and overview of bankruptcy.

Effective Lawyering in a Complex World

Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*

Electronic Discovery Law and Practice

Abstract: Current Legal Landscape (Discussion of recent amendments to Federal Rules of Civil Procedure; Discussion of seminal case law; Differences between North Carolina state law and Federal rules; Legal Issues: Duty to preserve electronically stored information, scope of electronic discovery, allocation of costs and attorney-client privilege) ... Electronic Discovery Planning and Preparation (Records Management; Preparing agency environment for electronic discovery; Formation of an e-discovery/litigation response team; When to consider using an outside vendor; Guidelines for selecting an e-discovery vendor) ... Mechanics of Electronic Discovery (Initial disclosures; Preparation for the Rule 26(f) conference; Data collection and preservation; Data recovery and forensics; Data filtering and processing; Privilege review; Production of electronic evidence) ... Practical Considerations and Conclusion (Legally defensible discovery processes to pre-empt objections and challenges by adversary; Costs of electronic discovery; Ethical and strategic considerations related to the use of vendors; Expert testimony) ... Click below on "view TOC" to search the Table of Contents*

Elements of Civil Causes of Action in North Carolina, Douglas Scott MacGregor, Esq and Alyssa Rosen,Esq *NEW RELEASE

Abstract: Elements of Civil Causes of Action breaks down over 35 of the most common North Carolina civil causes of action into their component parts. Chapters are organized alphabetically by cause of action and are heavily annotated with pertinent citations to controlling authority, so that what you get is the very essence of current North Carolina law in a concise and convenient format which will save you hours of research time. Douglas MacGregor has authored over 25 books including "Elements of Civil Causes of Action in South Carolina" and "Colorado Causes of Action." Alyssa Rosen has authored two similar publications, "Colorado Causes of Action" and "Labor and Employment Law Resources on the Internet, 2002." Paperback, 560 pages

English-Only and National Origin Issues in the Workplace

Abstract: English-only requirements have increasingly appeared in office policies and on the sales floors of many businesses nationwide. The tides of immigration are increasingly pushing issues related to national origin harassment and the legality of English-only requirements to the forefront of many companies' workplace policies. Led by a senior attorney at the EEOC in Washington, this audio CD provides you with an in-depth discussion of the related issues of national origin harassment, workplace English-only requirements, their relationship to undocumented workers and citizenship requirements, and many other issues that arise in this area. The audio CD also covers best practices for avoiding liability in this increasingly difficult area. Topics include: National origin harassment; English-only requirements in the workplace; Requiring employees to achieve English fluency; Accent discrimination; Undocumented workers and citizenship requirements and Employer defenses and best practices to avoid liability.

Family & Employment Law: The EEOC's New Caregiving Enforcement Guidance in the Workplace

Abstract: For the first time, the EEOC recently issued guidance on the proper treatment of employees providing caregiving responsibility to family members. This audio CD reviews the EEOC's advise, how it may alter current law, and best practices for implementing policies to protect the rights of employees providing caregiving services to family members.

Flying Solo: A Survival Guide for the Solo and Small Firm Lawyer, Fourth Edition

Abstract: Newly revised and completely updated, the fourth edition of this comprehensive guide includes practical information gathered from a wide range of contributors, including successful solo practitioners, law firm consultants, state and local bar practice management advisors, and law school professors. All the contributors share tips and advice that can be easily implemented in your solo or small-firm practice. This classic ABA book first walks you through a step-by-step analysis of the decision to start a solo practice, including choosing a practice focus. It then provides tools to help you with financial issues including banking and billing; operations issues such as staffing and office location and design decisions; technology for the small law office; and marketing and client relations. What's more, the final section on quality of life issues puts it all into perspective. Whether you're thinking of going solo, new to the solo life, or a seasoned practitioner, Flying Solo provides time-tested answers to real-life questions. Published by American Bar Association. 7x10 Paperback 752 pages.

Fundamentals of Employment Law

Abstract: Title VII Overview ... Labor Overview and Panel Discussion on EFCA ... FLSA Overview ... FMLA and ADA Overview ... War Stories 101 Panel (Relations with government agencies; Mediation; Trial; Case selection) ... Overview of North Carolina Employment Laws Affirmative Action Compliance; Diversity and Inclusion Strategies ... Immigration 101

GP Solo/Small Firm Symposium

Abstract: Employment Law and HR Issues for the Small Law Office (This segment covers important employment law and HR issues that arise when running and managing your own law practice.) ... Virtual Law Practice: Taking Part or All of Your Practice Online (Are you interested in a completely virtual law practice? Or, do you just want to take just part of your practice online, such as the billing/time management or document storage? This session equips you with the tools and information you need to take part - or all - of your practice online.) ... Serving New Markets/Emerging Trends - When Your Client Is A Farmer ... "I Am What I 'Yam!" Marketing Your Strengths (Each lawyer has different strengths and weaknesses, different personality types and generational thought processes. This lunch-n-learn presentation teaches you how to look at your strengths and your personality type to develop a marketing program that fits you and brings clients in the door. This segment does not qualify for MCLE credit) ... Elder Law ... Criminal Law for the General Practioner (Are you interested in starting your own law firm, but wondering what type of law to focus on? This segment covers the basics of criminal law, and will help the general practioner gear up for a practice in this area.) ... Is It Stress? How to Avoid Heart Attacks and Strokes

GP/Solo and Small Firm Symposium

Abstract: Simplified Strategic Planning: Creating a Roadmap to Success (Value-based business practices) ... A Legal Guide to Hiring and Firing (interview process; employment applications; New hire reporting guidelines and employee documentation; Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA); workers' compensation and employee health insurance; termination and dismissal) ... How Not to Manage and Handle Your Trust Accounts ... Virtual Law Practice: Technology and Ethics Considerations (State Bar Ethics Opinion 2005 FEO 10; Limiting the scope of representation and Rule 1.2(c); Informed Consent; Confidentiality and Rule 4) ... The Business of Opening Your Own Business (Setting up your business, entity options, tax issues including payroll, and properly setting up your operating and trust accounts) ... Keeping On and Turning Out the Lights (Planning for your absence; sudden illness or death) ... Making the Leap: Opening Your Own Practice (effective business strategies; handling current clients during the transition and managing future clients) ... Boots on the Ground: Feedback from Lawyers Who Made the Leap ... *Click below on "view TOC" to search the Table of Contents*

Handling Individual Chapter 11 Cases

Abstract: The faltering economy, rising joblessness and an increasingly restrictive credit environment are causing sharp increases in filings for individual bankruptcy. This cyclical upturn in bankruptcy practice is bringing renewed attention to new Chapter 13 bankruptcy, created by the 2005 BAPCPA legislation, and its complex relationship with Chapter 11 filings for individuals. In many instances, individual Chapter 13 filings have advantages over Chapter 11 filings, but Chapter 13 is available to only a limited universe of debtors. This audio CD discusses the relationship between Chapter 11 and Chapter 13 filings for individuals, examine what Chapter 11 practitioners need to know about Chapter 13, provide a detailed discussion of the advantages of each over the other, and discuss planning techniques for using Chapter 11 to achieve some of the advantages of Chapter 13. Topics include: Relationship of individual Chapter 11 and Chapter 13 filings; What Chapter 11 practitioners need to know about Chapter 13; Advantages/disadvantages of each Chapter 13 and Chapter 11; Individual eligibility for Chapter 13 filings and Techniques to use Chapter 11 to obtain some advantages of Chapter 13.

How to Build and Manage a Personal Injury Practice Second Edition

Abstract: Author K. William Gibson, offers step-by-step guidance on how to: write a sound business plan; develop an accurate financial forecast; choose the right office space and equipment; use technology to improve efficiency; market your practice and generate leads; maximize your staff and minimize your costs. This invaluable resource also includes numerous worksheets, flowcharts, checklists, and "fill-in-the-blank" forms all on an included CD-ROM to help you develop and implement your own business procedures. By the end of the book, you'll have all the necessary tools to manage your practice. Of particular value is the author's extensive experience and his discussion on the importance of using technology to build, market, and manage a personal injury law practice. The book also covers topics such as planning for a P.I. practice; deciding whether to go solo or form a partnership; marketing the P.I. practice; interviewing clients; keeping clients happy; managing the workload; office space and equipment; and financing the P.I. practice. Published by American Bar Association. 6x9 paperback w/ CD-ROM. 176 pages.

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Key Principles of Residential Real Estate Buy-Sell and Brokerage Agreements

Abstract: The most common real estate transaction for most people is the acquisition of a personal residence. The reams of paper that they encounter when engaging a broker and entering into a buy-sell contact can be intimidating -- and they may engage legal counsel to guide them through the process. This audio CD is a practical guide to the key elements of negotiating and drafting brokerage and buy-sell agreements in residential real estate transactions.

Law Office Policy & Procedures Manual Revised and Updated Fifth Edition, January 2007- From Howard I. Hatoff & Robert C. Wert

Abstract: Every law office needs an office manual to formalize basic operating policies and procedures, prevent miscommunication, and centralize information about the firm's repsonsibilities to its employees and clients. A comprehensive office manual will also save time and aggravation as a new training tool for new lawyers and staff, and as a reference guide for your temporary workers. This updated manual covers every facet of basic law office operations, and also includes material on COBRA, stress injuries, AIDS/HIV, and much more. The entire manual is provided on an accompanying CD-ROM, making it an easy way to create a complete office manual customized to your firm's specifications. Make sure your management, lawyers and staff are aware of their responsibilities to the firm and its clients, as well as the firm's responsibilities to its employees and clients. Save your staff, administrators, and attorneys countless hours with this valuable manual.

Lawyer's Valuations and Accounting Deskbook By Raymond E. McKay Jr.

Abstract: Lawyer's Valuations and Accounting Deskbook is an overview and tutorial of financial statements and basic accounting concepts. It is a book for practicing lawyers looking for a basic handle on the subjects covered, not for experiences business valuers interested in esoteric nuances. It is more than a primer, but considerably less than an exhaustive treatise on the subjects covered. It is intended to provide basic, but long-lasting assistance to lawyers needing a quick-study of the topics.

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes- J. Anderson Little

Abstract: Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: Gain a better understanding of the dynamics of money negotiations; Identify the recurring problems presented in those cases; Acquaint and arm yourself with new tools to handle those challenges; Build a model of the mediation process that will serve as a roadmap when traditional bargaining is unavoidable; Assist the parties in traditional bargaining in a facilitative, rather than a directive way. The book also includes an appendix comprised of proposals and counter proposals made by Plaintiffs and Defendants in over one hundred court-ordered mediations in the superior courts in North Carolina. The charts provide the reader with a sense of the difficulty in settling a case through traditional bargaining, and the frequency of settlement even when the parties' initial positions are far apart and movement is slow to materialize.

Making Your Case: The Art of Persuading Judges by Antonin Scalia and Bryan A. Garner

Abstract: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

NCBA 2009 Annual Review

Abstract: n/a

No Bones About It: Animal Law in North Carolina

Abstract: Introduction, History and Evolution of Animal Law (Gain insight into the parallels between prior civil rights movements and the current animal law evolution; see where animals reside in our current system; and learn about the cruelty laws that already exist to protect animals: Prior Civil Rights Movements analyzed in light of the current animal law trends, Animals as property, Emotional damages for your companion animal?, Criminal Cruelty) ... Civil Remedies for the Protection and Humane Treatment of Animals (When the criminal laws aren't enough learn what civil remedies exist to ensure protection of animals and how to use them. Also discover regulations regarding the mandatory hold periods on stray animals in the local shelters: General Statute 19A (1-4) Protection of Animals, Shelter dealings, Holding animals, When animals can legally be euthanized, Adoption options) ... Laws Involving Dangerous Dogs and Public Health/Rabies (A discussion of State and local laws regarding rabies and dangerous dogs, with a particular emphasis on the role of state and local governments in enforcing those laws: Overview of North Carolina law, Discussion of variations of county ordinances, Hot topics for local governments in administration and enforcement) ... *Click below on "view TOC" to search the Table of Contents*

North Carolina Construction Law Deskbook w/Forms CD (2006) Fourth Edition

Abstract: Considered the "bible" for practitioners serving the N.C. construction industry and includes a fully-searchable forms CD. Both a resource and research tool for experienced construction lawyers and a guide and primer for lawyers who do not frequently practice in the area of construction law. Find updated treatments of frequently encountered topics such as lien law, construction claims, standard form contracts and surety law. Easy to use and comprehensive, this is a construction law resource you won't want to be without. Lien Chapter revisions address recent changes to lien statutes with an easy to read lien revision summary! Chapters: 1. Alternative Dispute Resolution; 2. Building Codes and Permitting; 3. Construction Claims; 4. Construction Industry Standard Form Contracts; 5. Construction Liens; 6. Effects of Bankruptcy; 7. Environmental Issues in Construction Law; 8. Federal Public Construction; 9. Insurance Issues in Construction; 10. Licensing of Construction Professionals; 11. OSHA of N.C.; 12. Project Delivery Systems; 13. State Contracting Procedures; 14. Suretyship; 15. Case Law Outline; 16. Table of Cases. (1078 page Hard Cover) ... *Click below on "view TOC" to search the Table of Contents* Forms CD is only compatible with Microsoft operating systems and is programmed specifically for PC computers.

North Carolina Construction Law Deskbook w/Forms CD (2006) Fourth Edition

North Carolina General Practice Deskbook (2004) Third Edition

Abstract: Available at discounted rate for members of the General Practice Section. Volume I: Adoption - Business Law - Estate Administration - Incompetency - Intellectual Property Law - N.C. Landlord/Tenant Law Overview - Like-Kind Exchanges - Medicaid Eligibility - Partitions - Personal Injury Claims - Planning the Simple Estate - Social Security Disability. Volume II: Administrative Law - Alternative Dispute Resolution - Construction Law - Motor Vehicles: Defending Traffic Cases - Federal Civil Practice - Federal Criminal Practice - Labor and Employment Law - State Criminal Procedure - Unemployment Compensation - Workers' Compensation - Wrongful Discharge. Volume III: ADA Title I - ADA Title III - Insurance Primer for Bodily Injury Claims - Domestic Law - Environmental Law - Immigration and Nationality Law - Juvenile Proceedings: Abuse and Neglect - Juvenile Proceedings: Delinquency - New Motor Vehicles Warranty Act "Lemon Law" - Purchase and Sale of Residential Real Property. Volume IV: Appeals - Collections - Eminent Domain; Condemnation - ERISA - Foreclosure - Name Change.

North Carolina Practical Skills 2007 (The Lawyers Toolbox)

Abstract: Welcome to the Practice in North Carolina ... The North Carolina State Bar (How the North Carolina State Bar differs from the NCBA and other voluntary bar associations.) ... Things You Need to Know about Trust Accounts ... IOLTA ... Handling Your First Client Right! (Factors to weigh in deciding to represent any client include the critical four "C"s of ethics: competence, conflicts, confidentiality, and communication. Protect your practice from a beginner's mistakes.) ... Jury Selection and Tactics ... Jury Arguments ... Drafting Complaints, Interrogatories and Responses: Pre-Trial Strategies and Preparation ... Lessons from the Duke Lacrosse Case and State Bar v. Nifong ... Substance Abuse ... ADR ... Family Law ... Contracts ... Real Property: Checklists, Checklists and MORE Checklists ... Workers' Compensation ... Planning the Simple Estate ... An Introduction to Bankruptcy ... Construction Law ... Title Searching ... YLD New Lawyer Experience ... Collecting Bad Debts and Final Judgments ... Effective Law Practice Management ... Traffic Offenses and Criminal Misdemeanors ... *Click below on "view TOC" to search the Table of Contents*

North Carolina Practical Skills 2008 (Tips, Guides and How-To's: What You Didn't Learn in Law School)

Abstract: Welcome to the Practice in NC! ... The NC State Bar and How the NC State Bar differs from the NCBA and other voluntary bar associations. ... Things You Need to Know about Trust Accounts ... Mandatory IOLTA ... Handling Your First Client Right! (critical four "C"s of ethics: competence, conflicts, confidentiality and communication) ... Tips on Effective Litigation Strategies (Drafting Complaints, Interrogatories and Responses: Strategies and Preparation; E-Discovery; ADR; Collecting Bad Debts and Final Judgments) ... The New Lawyer Experience and "How-To's" in Substantive Areas of Law (Light and Life at the End of the Tunnel; YLD New Lawyer Experience) ...?Workers' Compensation or Real Property: Checklists, Checklists and MORE Checklists ... Family Law or Contracts ... Technology and the Clerk's Office ...?Construction Law or Employment Law ... Preparing An Appellate Brief or Title Searching ... A Practical Guide to Law Practice Management (How to Effectively Use Your Paralegal; Web-based Legal Research and NC Casemaker; Effective Law Practice Management; 60 Web sites in 60 Minutes) ... *Click below on "view TOC" to search the Table of Contents*

North Carolina Practical Skills 2009

Abstract: *Welcome to the Practice in NC ... The NC State Bar (How the NC State Bar differs from the NCBA and other voluntary bar associations.) ... Mandatory IOLTA ... Pro Bono Opportunities for New Lawyers ... *Ethics ... Drafting Complaints, Interrogatories and Responses: Strategies and Preparation ... Collecting Bad Debts and Final Judgments ... +Light and Life at the End of the Tunnel (An estimated one-third of all attorneys suffer from depression and/or from alcohol or drug addiction, a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious. One member of the bar who has successfully recovered from these afflictions tells his story and identifies resources for obtaining confidential intervention and treatment for these conditions.) ... YLD New Lawyer Experience (The Young Lawyers Division is made up of all NCBA members who are under 36 years of age or in their first three years of practice in NC.) ... Workers' Compensation?... Estate Planning ... Title Searching ... *Things You Need To Know About Trust Accounts ... Web-based Legal Research and NC Casemaker 2.1 ... Effective Law Practice Management ... 60 Web Sites in 60 Minutes (Informative and lively session highlighting 60 technology and law practice management Web sites designed to help new lawyers better serve their clients.)

North Carolina Rules of Evidence with Objections by Adrienne M. Fox, David A. Sonenshein and Anthony J. Bocchino

Abstract: At 4-by-6 inches, this complete reference guide to North Carolina evidence rules travels easily to the courtroom or classroom. NITA's handy guide enables you to quickly reference objections and responses during trial, instantly consult the relevant section of the North Carolina Rules of Evidence reproduced in its entirety in the last section of the book, gain insight into crucial practice tips and legal interpretations, and access to the rules when you them the most. This pocket-sized guide is always handy and includes a mini-CD with the entire book hyperlinked and bookmarked for easy use.

Nuts and Bolts of Civil Litigation (A Joint Program of the NCBA YLD and the Litigation Section)

Abstract: Pre-trial Practice: Pleadings, Motions, and Discovery (Plaintiff/Defense) ... Not Going to Trial - Mediation Practice Pointers (Selecting the best mediator for your case, and picking the best time to mediate; Creating the right atmosphere for negotiations by your presentation in the general session; How to help the mediator, and allowing the mediator to help you, in the private sessions) ... "Real World" Trial Tips & Techniques (Plaintiff/Defense) ... Professionalism/Civility (Plaintiff/Defense; Professionalism, Courtesy and Client's Substantive Rights; Be a "Stand-Up Guy or Woman"; Take the High Road/Respect for Opposing Counsel) ... District Court Arbitrations & UM/UIM Arbitration (Plaintiff/Defense) View From the Bench ... *Click below on "view TOC" to search the Table of Contents*

Planning for a Successful Real Estate Closing

Abstract: Successfully closing a commercial real estate transaction can be a substantial challenge. Every frailty in the deal comes back to the forefront and mix with last-minute logistical challenges. It is the moment when the deal is realized - or falls apart. Many closing trouble spots are exacerbated in the current environment of distressed properties, foreclosures and tight credit. This audio CD is designed as a practical guide to anticipating challenges that arise at closing and putting in place plans to resolve them before the deal fails. Among other topics, the audio CD covers title and insurance issues, opinion letters, lender and wiring issues, and special issues involving transactions with distressed properties. Topics include: Title Issues: clearing title and insuring risk; Opinion and estoppel letter delays; Wiring issues and logistical concerns; Special issues involved with foreclosure and distressed properties; Finance issues in a tight credit environment and Last minute credits and prorations.

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)

Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ... Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*

Stress Management for Lawyers: How to Increase Personal & Professional Satisfaction in Law By Amiram Elwork, Ph.D.

Abstract: Although there are many books about stress, this one is written specifically for lawyers. It outlines the reasons that law is one of the most stressful professions and presents self-help methods that are particularly appropriate for attorneys. This book is designed to help lawyers stay calm and confident during stressful times, reduce anixety and anger, eliminate negative thinking habits, prevent depression and alcoholism, balance their professional and personal lives, and manage their time more effectively. Topics include: Profession in Distress, Overivew of Stress Management, Improve Your Work Environment, Maintain a Healthy Body, Improve Your Thinking, Heed Your Emotions, Be True To Your Values, Putting It All Together and Advice for Impaired for Lawyers. Paperback, 305 pages

The Attorney-Client Privilege and The Work Product Doctrine, Thomas E. Spahn

Abstract: This two-volume hardcover book is intended to provide the practical advice that litigators need in making quick decisions during privilege reviews or writing briefs in the midst of fast-paced discovery disputes. It offers advice on issues that litigators face every day. Most of the cited cases come from federal courts, but there are also significant state cases cited where appropriate. Thomas Spahn has practiced law as a commercial litigator since the start of his career. He has tried cases on diverse matters such as James Madison's birthplace and has argued on behalf of a Central Asian republic in a New Delhi court. Bringing years of diverse experience with him, Mr. Spahn regularly advises a number of Fortune 500 companies on issues involving ethics, conflicts of interest, the attorney-client privilege, and corporate investigations. Revised and published 2007; Now includes 2009 supplement.

The Attorney-Client Privilege and The Work Product Doctrine, Thomas E. Spahn

The Constructive Divorce Guidebook: Empowering Families to Reach Long-Term Positive Results, Mark Chinn

Abstract: This book views family trials not as contests to be won or lost, but as challenges for affirmative resolution for all concerned parties. After reading this book, you will be able to help your clients to resolve family disputes in a manner that will lead to long-term results for the families and children of divorce. This book shows you how to: Develop techniques for eliminating or deflecting negative tactics; Create a framework within both which sides to a dispute feel safe resolving conflicts without damaging the other party; Maintain civility toward opposing counsel, parties, staff, members of the court system and third parties affected by the dispute; Examine alternative dispute resolution and negotiation tactics and methods that lead to "win-win" solutions and encourage the use of the values and principles learned in our various faiths, which can and should be woven into the fabric of our problem solving; Adopt law practice management methods for the preparation of mediations, trials, and negotiation, which foster civil and courteous conduct; and Implement behavior analysis and modification for lawyers and others involved in the process.

The Curmudgeon's Guide to Practicing Law by Mark Herrmann

Abstract: The "Curmudgeon" has been practicing law for just a little too long, and he may be too jaded for his own good. Beneath his crusty exterior, however, lies a fount of wisdom. The Curmudgeon knows everything about the legal profession, and he's willing to share his keen observations from the corner office. He offers practical and honest, if blunt, advice for internal memos, dealing with clients and building your law practice. Read the Curmudgeon and find out what drives law partners crazy, what will impress them and what ten mistakes you should avoid. Concise, humorous and full of valuable (but curmudgeonly) insight, this is a must-ready for every lawyer and law student. - Recently featured on The Wall Street Journal Law Blog. SoftCover.?

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Labor and Employment Lawyer's Job: A Survival Guide- Dipanwita Deb Amar

Abstract: This guide gives basic direction on assignments that new labor and employment lawyers are likely to receive. It also provides tips for honing in on the precise questions that need to be asked-- whether of another lawyer in one's firm or an outside entity-- and devising a framework for addressing them. Divided into three parts, it covers: Preliminary Matters- issues that might arise before an employment matter becomes a court action; Employment Litigation- major issues that frequently recur, but are not always recognized or properly treated; Substantive Law- areas that you are likely to encounter in the practice of labor and employment law.

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

The Legal Handbook for North Carolina Teachers, Dayton Cole

Abstract: The Legal Handbook for North Carolina Teachers by Dayton T. Cole is organized to mirror some of the various roles assumed by teaching professionals- employee, educator, citizen- and to develop understanding of the legal aspects of the profession from the variety of perspectives inherent in those roles. Includes citations to legal authority (e.g, statutes, regulations and case decisions), references, and checklists.

The Marital Deduction: Planning, Funding and Distributing

Abstract: *Qualifies for NC State Bar Estate Planning & Fiduciary Law Specialization Credit* ... History of Marital Deduction and Marital Deduction Planning (Code Section 2056) ... Planning and Drafting Marital Deduction Formula Bequests (Types of marital bequests and pecuniary marital bequests, typical situations; appropriate use of this approach; Analysis of fractional formula bequests) ... Choosing a Proper Trustee (After a marital formula has been wisely selected and the trust has been cleverly designed, choose the correct trustee: entails sensitivity to family dynamics and an understanding of the law) ... Income and Estate Tax Effects of the Pecuniary and Fractional Marital Deduction Formulas (Application of basic tax principles applicable to the pecuniary and fractional marital bequest formulas and how the choice of the marital formula will ultimately affect both estate taxation and the amount ultimately passing to either the marital or family share of the estate) ... Funding the Marital Trust and Making Distribution ... Panel Discussion: Where are we Headed in Transfer Tax Planning (Transition from one administration to another with budget deficits spiraling; what changes can we expect from the Democratic-controlled Congress, the Obama administration and the NC General Assembly)

The Power of Precedent By Michael J. Gerhardt

Abstract: The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades.

Timesheets and Traps: Ethics in Billing and Collecting Fees

Abstract: Attorneys are required by the rules of professional responsibility to adhere to client objectives in a representation, including cost containment and efficiency, and to keep clients reasonably apprised of progress in the case, including the accumulation of billable hours and other expenses. Increased competition in the legal marketplace, rising associate salaries, client cost-cutting, and other pressures are throwing new light on attorney ethical obligations in billing and collecting fees. This audio CD reviews the rules applicable to billing practices and common areas of ethical liability, and discusses best practices for lawyers and law firms to avoid liability. Topics include: Law firm economics and pressure points; Vague time sheet descriptions; Double-billing; Internal firm conferences; Duplication of efforts, inefficient staffing, transient billers; Cost recovery issues; Best practices for avoiding liability.

Toolbox for the General Practitioner: From A to GP (GP, Small Firm & Solo Section Annual Meeting)

Abstract: Local Government Regulations and Land Use (Zoning, subdivision, storm water, steep slope, etc., that affect the usefulness of the property being acquired by a client.) ... Essential Technology for the Small Law Office (Strategic planning; the systems you need to deliver ethical, cost-effective and professional legal services. Legal-specific applications, including technologies related to calendars, dockets, tickler systems, conflict screening, handling client files and communicating with clients. Get a budget-minded roadmap for all the technologies you'll need to succeed in the practice of law - whether you're "suddenly solo" or just in need of a techno-overhaul.) ... Introduction to Administrative Law (Clients applying for professional license? Representing a client before a disciplinary committee of a professional licensing board? Practical pointers and the main rules) ... Will and Estate Planning (Drafting tips) ... Avoiding Common Ethical Pitfalls - Advice for General Practitioners (Trust accounts, client communication, fee agreements and staff supervision) ... Real Property: Mechanics Liens (An in depth look at the expanding problem with mechanics liens and the effect on real estate closings. Don't be ambushed, be prepared and protect your client.)

Transfer Taxation, Estate Audits & Estate Administration

Abstract: *Qualifies for NC State Bar Estate Planning & Fiduciary Law Specialization Credit* ... Overview of the Transfer Tax System (Federal and NC estate, gift and generation-skipping transfer taxes) ... Giving it Away (Intermediate techniques for reducing taxable estate with lifetime gifts) ... Charitable Giving Techniques (Drafting and funding of private foundations and other charitable trusts) ... Fiduciary Income Taxation of Estates and Trusts Made Easy ... Estate Tax Audits and Procedure (Dealing with the IRS and revenue departments) ... Intermediate Estate and Trust Administration Issues (Real property, multi-state, Uniform Trust Code and other issues encountered in administering estates and trusts) ... View from the AOC (Update from the Administrative Office of the Courts: what might be in store "down at the Clerk's office," and timely "do's and don'ts" to observe while shepherding an estate through administration) ... Retirement Plans and Beneficiary Designation (How to deal with retirement plan distributions, trusts as beneficiaries, rules on splitting IRAs, and other tricky beneficiary designation issues)

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