Durham County Bar Association Fifth Annual Two Day CLE Event
Thursday and Friday, February 2-3, 2017 at Hope Valley Country Club
3803 Dover Rd, Durham, NC 27707
READ THIS FIRST: Official Program Guide to the 2017 CLE (pdf)
Durham County Bar Association members can obtain up to 13 hours of proposed CLE credit across two days. There is no fee for paid DCBA members to attend the event, however, participants must pay the $3.50 fee to the NC Board of CLE for each hour obtained. Area attorneys may join the DCBA at any time. Those licensed in 2016 may pay $60, dues for all others are $125.
Note: CLE Credit application will be filed after the event due to timing of receipt of Ethics materials from Ethics Professor Instructors.
If you need to pay DCBA dues in order to participate, you may pay dues from the front page web site link entitled "pay dues here," or send your check for $125 ($60 for those first licensed in 2016) to the DCBA, PO Box 593, Durham, NC 27702, prior to February 2.
Please email questions to the DCBA’s Executive Director, Bonnie Biggs, who will serve as the event’s Registrar, at firstname.lastname@example.org.
CREDIT HOURS WILL BE “PENDING APPROVAL,” SOME HAVE BEEN PREVIOUSLY PRESENTED AND APPROVED BUT MUST BE RESUBMITTED FOR EACH PRESENTATION
THE FOLLOWING SESSIONS ARE AVAILABLE
Thursday, February 2, Morning Session, 8:00 a.m. - 12:15 p.m. (4 credit hours)
Materials can be downloaded two ways:
Full Binder of NOTES Pages for Printing Whole Event
Thursday Slides (for downloading and viewing, too many pages to print)
Friday Slides (for downloading and viewing, too many pages to print)
Individual materials are also available at the links below.
February 2, 2017
7:30 Registration Opens
8:00 – 9:00 Child Support/Orders to Show Cause (1 hour)
Nathan McKinney, Assistant County Attorney, Durham County
Geri Ruzage, Senior Assistant County Attorney, Durham County
Danielle Briggs, Senior Assistant County Attorney, Durham County
We will begin with the history of an Order to Show Cause (OSC), tracking the timeframe of an OSC. Why do they issue and how can an attorney resolve them without trial/hearing? We will review the long-term nature of child support cases, and explain the intricacies of negotiating with an agent. Then we will discuss how to read a payment history and determine what it says about the client “between the lines,” and provide a list of things to discuss with a client before a pretrial hearing, including what they need to know about payment. We will wrap up with how to handle an outstanding Order for Arrest and how a Motion to Modify fits into this big picture. These are common issues that arise when attorneys unfamiliar to our court process begin to practice in Durham County.
9:00 – 10:00 Special Immigrant Juvenile Status (1 hour)
Derrick Hensley, The Law Office of Derrick J. Hensley, PLLC
Evelyn Smallwood, Hatch Rockers Immigration
The segment will cover the following concepts and practices:
10:00 - 10:15 BREAK
10:15 – 11:15 What Children with Disabilities are Entitled to in School: IDEA, Section 504, and the ADA
Bob Ekstrand, Ekstrand & Ekstrand LLP
Bob Ekstrand's presentation will address the federal and state law rights afforded to children with disabilities in schools, including pre-school, elementary and secondary schools, public and private. The presentation will cover the Individuals with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities in Education Act, and the parallel state statutes. The presentation will identify who is covered by those laws and the specific rights each confers. The discussion will focus primarily on IDEA and will address: who qualifies as a "child with a disability" under IDEA; IDEAs evaluation and assessment requirements; the bundle of rights within the mandate that every child receive a "free appropriate public education" (or "FAPE"), including IDEA's Least Restrictive Environment mandate; and the procedural safeguards that IDEA established to enforce those mandates. The presentation will also include the United States Supreme Court's consideration of an appeal that raises the question of what level of educational services the FAPE mandate requires.
11:15 – 12:15 Criminal Law Updates (1 hour)
Rebecca R. Chappell, Assistant Public Defender, Durham County
In this presentation we will review several impasses which can occur in a criminal case and how they can best be resolved. We start with a situation in which the defendant and attorney reach a fundamental disagreement. Then we move on to a case of DNA contamination. We refer i these cases to the seminal North Carolina case on absolute impasse, State v. Ali, 329 N.C. 394, 404 (1991) which grounded the rule on the principal-agent nature of the attorney-client relationship. We will discuss several ancillary decisions which further clarify this relationship. We will also review situations in which the final argument is disagreed upon, and examine the itricaces of the rape shield related rules. The final issues we will look at are withdrawals of pleas, appeal reviews and fines. We will finish with some legislative changes and practical tips.
12:15 PM Collection of Credit Certification Forms for Morning-only participants, Lunch on your own
1:00 Afternoon-only Registration
1:30 – 3:30 Ethics Challenge (2 hours, Ethics) Materials will be printed and provided. Presenters are listed below in no particular order. They may alter this at the event.
Special Responsibilities of a Prosecutor
Theresa Newman, Clinical Professor of Law, Duke University, Co-director of the Wrongful Convictions Clinic, Associate Director of the Duke Law School Center for Criminal Justice and Professional Responsibility, and faculty adviser to the student-led Innocence Project
Partners, Managers, And Supervisory Lawyers
Pamela S. Glean, Community Education and Outreach Coordinator & Professor of Law, North Carolina Central University School of Law
Rules of Professional Conduct: Family Law Hypothetical
Kate Sablosky Elengold, Clinical Associate Professor of Law, Director of the
Consumer Financial Transactions Clinic, University of North Carolina School of Law
Privilege-Related Myths and Missteps in Litigation
Lauren A. Golden, Ellis & Winters LLP, representing the Norman Adrian Wiggins School of Law at Campbell University
3:30 – 3:45 BREAK
3:45 – 4:45 Understanding Lab Reports (1 hour)
Sarah Olson, Forensic Resource Counsel, Indigent Defense Services
This presentation will introduce case consultation and other resources available through Indigent Defense Services. We will walk through discovery motions and how to read lab reports. Participants will learn how to determine whether they need an expert, finding and vetting an expert, and applying for funding for expert services. We will also review several useful case examples, including lab reports for a DWI or a drug case. I will also provide an update on testing at the NC State Crime Laboratory.
4:45 – 5:45 CYBER CRIME - IT COULD NOT DID HAPPEN TO ME (1 hour)
Jonathan Biggs, Vice President - Risk Management & Education,
Investors Title Insurance Company
In this hour we will examine a number of the latest fraud schemes that have claimed the cash, and in some cases, careers of your fellow attorneys. Some of your colleagues have paid dearly to provide this education (which they learned the hard way) and you can benefit from their experiences. This hour will enhance your awareness and sensitivity to these scams and provide you with insight that could save your practice, your reputation, and your career.
5:45 PM Wrap Up, Collection of Credit Certification Forms for those not returning on Friday.
Friday, February 3, 2016
8:30 REGISTRATION OPENS ONLY FOR THOSE WHO DID NOT ATTEND FEBRUARY 2.
9:00 – 10:00 Securities Regulation: Crowdfunding/Investor Rights (1 hour)
Leo John, Investor/Business Outreach, Legal Specialist,
N.C. Department of Secretary of State Securities Division
This presentation will open with definitions. The participants will understand the meaning of a “security” and will hear about the role of the Securities Division of the Office of the North Carolina Secretary of State. We will move into the legal tests that define a security, and discuss the requirement to register an offering. Participants will learn the various exemptions that might apply to their clients’ situations. We will also discuss securities fraud, reviewing both civil and criminal securities fraud claims in a typical transaction. Finally, we will take a look at investment fraud and talk about resources from the Securities Division which attorneys might need.
10:00 - 10:15 BREAK
10:15 – 11:15 Unemployment Appeal Fundamentals (1 hour)
Adam Hopler, Attorney & Managing Partner, Hopler, Wilms, & Hanna, PLLC
Chris Wilms, Partner, Hopler, Wilms, & Hanna, PLLC
This course will be a guide to the fundamentals of navigating the unemployment process. The participant will learn about the eligibility requirements for unemployment, common mechanisms for disqualifying a claimant from receiving unemployment, appeals to a determination, strategy and advocacy in an unemployment appeal hearing, higher level appeals, petitions for judicial review, fraud and overpayment cases, and how unemployment benefits intersect with, affect, and are affected by other practice areas.
11:15 – 12:15 Marijuana & DWI: Using Science to Cut Through the Smoke (1 hour)
John Donovan, Charns & Donovan
This presentation will cover the following topics:
12:15 PM Collection of Credit Certification Forms for Morning-only participants, Lunch on your own
1:15 Afternoon-only Registration
1:30 – 2:30 Ethical Issues in Settlement/Mediation (1 hour)
K. Alan Parry, Parry | Tyndall |White
This program covers some of the key ethical issues that commonly arise in settlement negotiations, including mediation specifically, such as: (a) ethical rules and Bar guidance (including the obligation of candor) that govern settlement negotiations; (b) whether and to what extent actual or potential criminal charges can enter into civil settlement negotiations; (c) whether and to what extent the parties can limit plaintiff's counsel in taking on new cases (including the impact of broad confidentiality provisions); (d) ethical issues in multi-party aggregate settlements; (e) obligations of confidentiality for the participants in mediation; (f) the proper role of the mediator in the parties' settlement negotiations; (g) the mediator's obligation of impartiality; (h) obligations of the parties to participate in mediation; and (i) limitations on lawyer advertisements regarding prior settlements.
2:30 – 2:45 BREAK
2:45 – 3:45 Hot Topics: Recent Criminal Justice and Voting Rights Reform Initiatives (1 hour)
Bethan Eynon, Southern Coalition for Social Justice
Alesha Brown, Staff Attorney, Southern Coalition for Social Justice
This presentation will give an overview of SCSJ’s community lawyering model and initiatives, including the Youth Justice Project, OpenDataPolicingNC.com, the Clean Slate Project, Ban the Box, collaboration with Spirit House’s Participatory Defense Initiative and All of Us or None, and an update on recent voting rights litigation. Southern Coalition is a nonprofit based in Durham that partners with communities of color and economically disadvantaged communities in the south to defend and advance community-identified political, social and economic rights through the combination of legal advocacy, research, organizing and communications. SCSJ is committed to eliminating institutional racism and structural inequity.
3:45 PM Wrap Up, Collection of Credit Certification Forms
The evaluation for this event will be distributed online, and will be sent to all participants following the event. Please take a moment to fill it out, as your feedback is important. Evaluation forms will also be available at the event should you choose to complete one immediately.
PHOTOS FROM PRIOR EVENTS