Section CLE Publications

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

To view Dispute Resolution CLE Programs, click here.

"Leap" with Confidence into the DRA Era: Things You Should Know When Representing the Elderly (12th Annual Elder Law Symposium)

Abstract: Basics of DRA: Its Impact in NC (changes, personal service contracts, annuities, transfer rules, lifting or reducing the sanction period, look back rules, non homesite real estate rules, promissory notes loans mortgages, donation gifts) ... Using Hardship Waiver to Your Client's Adv. (process, attorney?, denial of hardship waiver? recourse?) ... When a Client Wants to Give Away the Home Place (retaining a life estate in home place, eligibility for SA and Medicaid, purchase, gift of life estate, reservation of powers, irrevocable trusts, title exam and insurance) ... Tax Traps and Tips (sale of primary residence after moving out, transfer with retained life estate, trusts by children, income tax issues of stock sales, income deduction available for nursing, transfer of life insurance, harming s.s. benefits with income, purchase and liquidation of annuities, IRA distribution issues, forgiveness of indebtedness income, gift tax issues, using parent as a dependent) ... Residents Rights in a Nursing Home (Resident's Rights (Fed and NC) while living in a nursing home or an adult care home, dismissal of a resident, eviction/transfer/discharge and defenses) ... Qualifying for Special Assistance (asst living vs. intermediate care, review of eligibility, transfer of resource, income rules) ... Ethical Considerations ... *Click below on "view TOC" to search the Table of Contents*

13th Annual Elder Law Symposium

Abstract: The Basics of Medicaid Planning (Medicaid rules; Medicaid planning options, annuities, community spouse resource allowance and the income allowance for the community spouse, planning with IRAs and other planning opportunities under the DRA.) ... Tweaking the Elder Law Practice to Achieve the Highest Professional Standards (National Academy of Elder Law Attorneys; the impaired older client and conflict of interest) ... Grantor Trusts (Irrevocable trusts; Tax aspects?; Grantor trusts; Medicaid, tax, NC trust law, proper selection of fiduciaries, proper funding ) ... Veteran's Benefits: Understanding Aid & Attendance Pension Benefits ... ABCs of Non-institutional Programs: Special Assistance and Community Alternative Programs (Special Assistance in a Special Care Unit and the CAP programs) ... Special Needs Planning: It is More than Drafting a Trust ... Preventing Exploitation Perpetrated Using Powers of Attorney (Initial phone call, to drafting, to revocation issues: how can you keep the client safe?; Preventing elder abuse that starts with these documents?) ... Medicaid Planning Issues for Spouses (Plan for IRAs; How to increase the income and/or resources that the spouse is allowed to keep) ... Understanding Emerging Trends in Guardianship Law (Interstate jurisdictional problems; Ward's right to counsel; guardian ad litem)

2007 GP Small Firm & Solo Section Annual Meeting

Abstract: Real Estate Title Issues (From new rail road claims to maximizing title insurance coverage to new issues, statutes, and cases affecting title.) ... Personal Injury Evaluation (Step by step evaluations of your personal injury claims to help you increase the potential recovery in your case.) ... Internet Research Tools without the Expense (Instruction on how to find the legal research you need without paying the big firm price. This session will be devoted to using Casemaker and other free legal tools effectively.) ... Will and Estate Planning (Education on the in's and out's of drafting a will to protect your testator's will from mistakes and traps that can haunt the will drafting practitioner.) ... Substance Abuse/Ethics (The nature and detection of substance abuse for members of the bar.) ... Domestic (Update on cases and changes in the law as well as discuss issues involving the domestic practice.) ... *Click below on "view TOC" to search the Table of Contents*

2009 Basics of Workers' Compensation

Abstract: Preparing for a Hearing - Recommendations from the Bench ... Effective Mediations ... Handling Administrative Procedures before the Commission ... *Ethical Issues Germane to Workers' Compensation ... Evidence ... What to Do When You Get a Claim ... "Injury" Claims ... "Occupational Disease" Claims ... Getting the Math Right: Handling Liens and Set Asides

ADR in Estate Planning Disputes

Abstract: Disputes in estate litigation can be particularly bitter and protracted. Often the litigation involves family members and long-standing rivalries and resentments that present timely distribution of an estate's assets or severely hampers its regular administration. In order to combat this problem, many jurisdictions have begun to mandate the use of ADR in estate litigation. This audio CD provides a guide to effective uses of ADR to timely settle estate and trust disputes before litigation or to settle litigation.

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*

Basics of Franchise Law

Abstract: The Inadvertent Franchise ((licensing, joint ventures, etc.) and potential liability; trademark license) ... Franchising 101: Registration and Disclosure Issues (FTC franchise and business opportunity rules, state franchise and business opportunity rules, and international rules) ... Negotiating the Franchise Agreement and Related Legal Issues from the Franchisor and Franchisee Perspective (standard and non-standard provisions; franchise transfers, compliance issues, raising capital, ownership restrictions, impact of death or incapacity on franchise rights, and development and exit strategies available based upon type of franchise selected (single unit vs. multi unit)) ... Growth of Franchising and Mock Negotiations between Franchisor and Franchisee's Counsel ... Advising Participants in Declining Franchise Systems ... Anatomy of a Franchise Lawsuit - Franchisor and Franchisee Perspectives (resolving disputes; arbitration versus litigation; choice of forum and choice of law; claims and defenses; individual lawsuits versus class actions; whether and when to seek injunctive relief; how to determine what money damages are reasonable; settlement considerations) ... Ethical Minefields ... *Click below on "view TOC" to search the Table of Contents*

Basics of Franchise Law

Abstract: n/a

Basics of Workers' Compensation

Abstract: How to Prepare for a Hearing (Technical Tasks - Filing IC Forms, How Hearings are Set, Requesting Continuances/Removals/Dismissals; Effective Evidence - Organizing Exhibits, Medical Records and Depositions [Rule 610(3) compliance]) ... Evidence ... Effective Advocacy for Form 24 Applications (Effective Communication of Your Client's Position; Typical Pitfalls in Filing; Sample Cases) ... Mediation (Preparation; "Dos" and "Don'ts"; Successful negotiation techniques) ... Basics of What to do When You Receive a New Claim (Identify Issues; Obtain Information; File Claim; Notice of Representation; Determine Your Deadlines under Chapter 97 and Industrial Commission Rules; Evaluating the claim) ... Injury by Accident: Just Getting Hurt on the job is not Enough (What constitutes an accident and what does not; Back injuries and specific traumatic incidents) ... Occupational Diseases (What makes a disease "occupational"?; Increased risk - when does it matter?; Expert?) ... *Ethics (Attorney relationships: Attorney, Client, Mediator, Industrial Commission, Process, Reputation) ... Getting the Math Right: Handling Liens and Set Asides (Identify and avoid pitfalls outside of Chapter 97; Coordinate benefits from multiple sources; Improve the chances of successful settlements) ... *Click below on "view TOC" to search the Table of Contents*

Connecting the Dots (2007 Health Law Section Annual Meeting)

Abstract: Stark Exception and Anti-Kickback Safe Harbor for Electronic Health Records and E-Prescribing (Why the rules were implemented?, Requirements of the rules, How institutions can take advantage of the new rules?, Applicable sunset provision on the EHR rules) ... Research Misconduct (What is scientific misconduct?, Key requirements and obligations of institutions, Practical tips on conducting an inquiry and an investigation) ... Physician Non-Compete Agreements (History of non-compete agreements in NC, Recent case law developments, Practical considerations on drafting, enforcing and defending physician non-compete agreements) ... Corporate Practice of Medicine (Point and counterpoint on whether the prohibition against the corporate practice of medicine in NC is alive and well) ... Health Care Fraud and Abuse Investigations (Conducting an internal investigation and the issues and pitfalls involved, Should you self report?, Responding to a governmental investigation, Privilege waivers and other forms of cooperation under the Thompson Memo) ... Ethics (A basic overview of lawyer's ethical responsibility to clients including: Diligence, Communication, Confidentiality, Communications with represented parties, and Unauthorized practice) ... *Click below on "view TOC" to search the Table of Contents*

Crossing the Great Divide...(A Primer and Advanced Workshop in the Collaborative Process)

Abstract: Clients at the Center: The Changed Role of the Lawyer in a Collaborative Case ... Interest-Based Negotiation: The Heart of the Process ... Safety in the Process: Reducing Anxiety to Facilitate Joint Problem Solving ... The Initial Client Interview ... Initial Client Interview skills (Dealing with emotions, alternative ADR options, Negotiations model; How to convince the client; How to talk to the client; Building relationships with the client) ... Family Law and the Three Conversations: Co-parenting, property division, and cash flow ... The First Four-Way Conference ... Non-Adversarial Communication: Keeping the Interactions Between the Parties from Deteriorating in the Four-Way Conferences ... Non-Adversarial Communication Exercise ... Interest based negotiations (Tension between client and attorney identifying goals & objectives) ... Initial four way settlement conference skills ... Creating an Effective Collaborative Workgroup (Ideas for monthly meetings; Building support among family lawyers in your community) ... Role Play of a Collaborative Session ... Expanding the team using child specialists and financial planners (Dealing with custody and child raising issues and family financial needs) ... Using neutral experts to value small businesses and closely held businesses ... *Click below on "view TOC" to search the Table of Contents*

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*

Elder Law: What's Important Now (11th Annual Elder Law Symposium)

Abstract: Special Needs Trusts: Caregiving and Budgeting Considerations (statutory and drafting considerations involved in using a case manager and life care plan) ... Deficit Reduction Act Answers (Affect on Medicaid eligibility for NC residents) ... Recent Developments (changes in NC statutes and cases (excluding DRA)) ... Ethical Considerations in the Contested Guardianship Special Needs (d)(4)(c) Pooled Trusts: Creation and Administration (Medicaid and SSI; drafting, funding and administering a Pooled Trust) ... Real Estate Mechanics (real estate deed transfers, including transfers between spouses, transfers to and from spouses, gift deeds, warranty/non-warranty deeds, title insurance and more) ... Use of Annuities for Medicaid Eligibility (annuities under DRA) ... *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

Ethical Issues in ADR

Abstract: Alternative Dispute Resolution has become part of the fabric of contracting and litigation. Mediation and other forms of ADR, whether used by agreement of the parties or court order, have become the reflexive resort in place of litigation. This audio CD, led by private practice and in-house counsel leaders in ADR, guides you through the application of ethical rules to parties, attorneys and neutrals in ADR. How do the ethical rules applicable to ADR differ from traditional litigation? What if an attorney is acting as a neutral and not representing a party? What rules apply to the parties themselves? Topics include: Sources of rules applicable to parties, attorneys, and neutrals; Confidentiality, conflicts, and Ex parte communications; Correcting errors and the duty of honesty; Working with non-attorney ADR professionals and Practical tips on preparing for mediation.

Ethics in Mediation

Abstract: Mediation of disputes before they reach formal litigation or trial has become a common part of litigation practice. Whether ordered by the courts or dictated by cost-efficiency considerations, mediation has displaced traditional litigation as a source of settling disputes. This audio CD examines how attorney ethics rules, including but not limited to the ABA Model Rules of Professional Responsibility as adopted by most states, apply in the context of mediations. Among other topics, confidentiality, ex parte communications, settlement negotiations and working with non-attorney professionals will be discussed. Topics include: Ethics for attorney, neutrals and parties in mediation; Duties of confidentiality; Conflict issues; Ex parte communications; Settlement negotiations; Working with non-attorney professionals.

Expanding Your Horizons in Mediation (2009 Dispute Resolution Section Annual Meeting)

Abstract: Mediation of Employment Law Disputes (Mediating damages issues; Workers' Comp; Age discrimination cases; Tortious interference cases) ... Expanding Your Understanding of Multi-Cultural Mediations ... Arbitration Overview (Employment disputes; Securities arbitration, FINRA) ... Family Financial Overview ... Practice Management Overview ... Expanding Your Understanding of International Mediation (Electoral assistance and observation programs; Overcoming major political impediments to reach political agreements; Preventing, resolving, and ending armed conflict) ... Dispute Resolution Commission Revised Standards Updates (Ethical implications on mediators) ... Ethics - Q&A (The pressing ethical issues of being a mediator; Ethical dilemmas, questions posed to the DRC, and the profession's literature)

Financial Crisis Audio CD Series: Getting Under the TARP (Troubled Asset Relief Program): Selling Toxic Assets to the Gov & Gov Purchases of Stock

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part series will provide you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation.vernment and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt ; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much moret on interest on reserves; Much more.

Financial Crisis Audio Cd Series: Housing Market: Fannie, Freddie and Foreclosure Abatement

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provide you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 4 topics include: New underwriting standards for conforming loans; What Fannie and Freddie will buy from banks and will not; Foreclosure mitigation efforts under the bailout legislation; New residential loan servicing standards; New housing goals: The New Fannie and Freddie.

Financial Crisis Audio CD Series: Impact of the Credit Crisis on Banking Regulations: New Rules of the Road

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much more.

Financial Crisis Audio CD Series: Understanding the Bailout: An Overview of Sprawling Changes to Banking, Accounting and Real Estate

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 1 topics include: Background of crisis: Collapse of the housing market, growth of collateralized debt obligations, and rising defaults; Congressional Action: Detailed review of Emergency Economic Stabilization Act of 2008; Federal Reserve Activity: interest rates, new lending facilities, commercial paper intervention, loans to industry; SEC Activity: rules changes and enforcement activity; Recapitalization of banks across the nation.

Financial Crisis FOUR Audio CD Series Package - The Bailout, TARP, Banking Regulations and the Housing Market

From A to M - Arbitration and Mediation in North Carolina (15th Dispute Resolution Section Annual Meeting)

Abstract: State of ADR in NC (Thoughts on ADR from the DRC Chair; Current issues before the DRC; Recent & proposed ADR rule changes) ... ADR Case Law Updateand Guidance on Drafting Enforceable Mediation Settlement Agreements (Recent cases; Court guidance in drafting enforceable mediation settlement agreements; Mediator as Scrivner-Who actually drafts the mediation settlement agreement?) ... Walking the Line - How Far Is Too Far When the Mediator's Opinion Becomes Improper Advocacy? (Exploring the boundaries of opinion and advocacy as mediator) ... The Mandate for ADR: A Judicial Perspective (Current state of ADR in NC courts; Judicial settlement conferences v. mediation; Thoughts and perspectives from the N.C. Supreme Court) ... Mediating International Disputes-Reflections on Resolving the Balkan Crisis (Mediating geopolitical and ethnic conflicts; The dynamics of mediating while people are dying) ... Recognizing the Potential For, and Possibly Preventing, Violence in ADR (Violence as the hidden threat at mediations and arbitrations; Ways to recognize and avoid violence in ADR; What happens and should happen when violence occurs) ... Agreements to Arbitrate-What They Are and What They Aren't (Form arbitration agreements; Knowing and voluntary waivers; Unconscionability and arbitration rules selection) ... *Click below on "view TOC" to search the Table of Contents*

Gain The Edge!: Negotiating to Get What You Want by Martin Latz

Abstract: Martin E. Latz reveals an easy-to-use strategic template you can use in every negotiation. This is not ivory-tower advice, or advice just based on instincts and experience: The tactics and techniques here come from the most up-to-date research and the knowledge Latz has developed in negotiating on the White House Advance Teams, from consulting with top executives at Fortune 500 companies and law firms nationwide, and from teaching thousands of business professionals and lawyers how to negotiate more effectively. The result is a comprehensive guide that takes you all the way from general strategies and principles--Latz's Five Golden Rules of Negotiation--to specific tips, techniques, and even phrases you can use at the table. Gain the Edge! will arm you with: * Practical strategies to get the information you need before you sit down at the table * Tactics to maximize your leverage when seemingly powerless * Secrets to success in emotionally charged negotiations * A step-by-step system to design the most effective offer-concession strategy * Ways to deal with different personality types, ethics, and negotiation "games" * Specific advice on how to negotiate for your next salary, car, or house * Negotiating tips for other business and personal matters.

Getting Ahead of the "Comp"-etition: Key Issues in Workers' Compensation Law (13th Annual Workers' Compensation Section Annual Meeting)

Abstract: A View from the Appellate Court Bench (Commission vs. the Court of Appeals) ... 'Comp'ehensive Analysis of Recent Appellate Cases (latest appellate decisions on sanctions; how to avoid being sanctioned by the IC; latest case law on injury by accident, occupational disease?; Medical causation and course and scope issues) ... A Perspective from the Bench on the Statutory Employer Doctrine and Uninsured Employers (Handling uninsured employer cases; Statutory employer issues that arise) ... IMEs and Medical Management of Neurological Injuries (A primer on neurologic injuries for attorneys) ... Occupational Disease Update (Proof of Occupational Diseases; Proof of Disability; What's New in Specific Types of Cases?: Asbestosis cases, Back claims, Back claims, Carpel tunnel, Mold Claims, Stress Claims) ... Industrial Commission Update (Emerging issues noted in administrative motions; Pointers on Administrative Procedure and Practice) ... Professionalism and Pro Bono Obligations ... Substance Abuse: Real Stories ... Ethics: What You Don't Know Can Hurt You ... Presumptions, Payments and Reapportionments: Death Benefits under N.C. Gen. Stat. § 97-37 through § 97-40 ... The Magic of Mediation ... *Click below on "view TOC" to search the Table of Contents*

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.

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.

NCBA 2009 Annual Review

Abstract: n/a

Negotiation Ethics: What You Can Say and Can't

Abstract: At what point does the duty of zealous advocacy run up against an attorney's duty of honesty? When do puffery and posturing step over the line? If the other side makes a factual error, do you have to correct it? What errors are you not required to correct? These and many other pressing questions attend every negotiation - whether it's over the terms of a deal or in settlement negotiation in litigation. This audio cd provides you with a practical guide to attorney ethics in negotiations. The audio cd reviews the ethics rules applicable to negotiations, the duties of honesty and the correction of errors, common pitfalls, and practical techniques for avoiding liability. Topics include: Review of ethics rules applicable to negotiations; When you must correct the other side's errors; When puffery and posturing go too far; Practical pitfalls in negotiations and Deal negotiations and settlement negotiations.

Negotiation Ethics: What You Can Say and Can't

Representing Investors: An Introduction to Securities Arbitration

Abstract: Introduction: Why Securities Disputes are Arbitrated ... Securities Law for Non-Securities Lawyers ... The FINRA Arbitration Process From Filing to Award (The Regional Director of FINRA Dispute Resolution responsible for the Southeast will walk you through the arbitration process, from filing a claim, through discovery and pre-hearing procedures, through to an award.) ... The Investor's Case (Client evaluation, basic documentation, legal claims, and strategy.) ... Role of the North Carolina Securities Division (Luncheon guest speaker) ... The Defense Case (Common defenses to investor claims and how the defense approaches a case.) ... *Ethical Issues for Arbitrators, Mediators & Counsel (Ethical issues in interacting with state regulators, the ethical code governing arbitrators and mediators, and some common challenges facing practitioners.) ... Damages, the Role of Expert Witnesses and the Arbitrators' Perspective (Two experienced arbitrators, one of whom also is an experienced mediator and the other an experienced expert witness, will share with you their observations on effective practices, including the presentation of damages and the role of expert witnesses.) ... Concluding Remarks

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*

Social Security Disability Specialist Exam Preparation and Advanced Topics Workshop

Abstract: General Information on the Specialization Process ... *Ethics (Ethical issues in representing an incompetent client; Disclosure of adverse evidence and medical records) ... Computing Date Last Injured Filing of Claims (Recognizing the failure to file all appropriate claims; Protective filing dates; Res judicata and collateral estoppel) ... Vocational Testimony (Vocational Expert qualifications; Cross examination of the Vocational Expert; Non-exertional impairments; Erosion of the occupational base) ... Residual Functional Capacity (Residual Functional Capacity between two ranges of work; The Grids) ... Four Additional Critical Issues You Need to Know (Disabled adult children; Surviving divorced spouse; Medicare & Medicaid eligibility; Pickle people) ... *Click below on "view TOC" to search the Table of Contents*

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 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 Devil is in the Details: Hot Topics in Workers' Compensation Law (2007 Workers' Compensation Section Annual Meeting)

Abstract: Industrial Commission Update (Motions practice before the Executive Secretary; Docketing do's and don'ts) ... Ethics in Workers' Compensation, Are We Really that Nice? (Review of N.C. Rules governing ethics frequently encountered by workers' comp practitioners; State Bar Rules; Rules of Professional Conduct; Commission Rules on Ethics) ... Medical, Vocational and Case Management Issues Specific to Hispanic Workers Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome ... Appellate Advocacy (When to appeal, when not to appeal; Oral arguments made easier; Formatting requirements for briefs and other documents; Motions practice before the appellate courts) ... Case Law Update ... Update on HB99 (Ex parte, non-consensual communications made clear; Affirmative defenses under N.C. Gen. Stat. § 97-12) ... Mediation Top 10's ... Statutory Liens-How to Tell When the Money Belongs to Someone Else, and What to Do When It Does (Federal statutory liens (Medicare, CHAMPUS, CHAMPVA, Tricare, VA); State statutory liens (State Health Plan, victim's assistance, Medicaid)) ... Occupational Diseases (Aggravation cases and medical causation; Ergonomic evaluations and increased risk) ... Credits Under Section 97-42 (Federal preemption and ERISA plans) ... *Click below on "view TOC" to search the Table of Contents*

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 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 Third Biennial Workers' Compensation for Mediators: Training for the Industrial Commission Neutral

Abstract: Industrial Commission Mediation Expectations (Overview, Rules and Expectations of NCIC Mediation Program) ... Communication Issues and Language Barriers (Setting up and Conducting a Mediation with a Non-English Speaking Participant; Traps, Issues and Barriers in Communication at the Mediation) ... Workers' Comp Case from Start to Finish (Overview; Injury by Accident, Occupational Disease, Specific Traumatic Incident; Common issues in Workers' Comp Claims; Overview of Benefits Available for Workers' Comp Claims) ... Workers' Comp Mediations from an Insiders Perspective (Setting up a Workers' Comp Mediation; Expectations for the Mediator Before, During and After the Mediation; Intake Procedures for Insurance Companies) ... Mediation Case Law Update (Enforcement and Terms of Mediated Settlement Agreements; Motions to Set Aside Clincher Agreements; Mediation Fees and Costs Issues) ... New and Revised Standards of Conduct for Mediators (Proposed revisions to the Standards of Conduct for Mediators; What is the Enforcement Procedure of the D.R. Commission and the NCIC; How the Proposed Revisions Effect Mediators) ... Workers' Comp Mediations from the Attorney's Perspective (Expectations of and Communicating with the Mediator Prior to the Mediation; Strategies for Mediators to Assist the Parties; What to Do and Not to Do for Mediators) ... *Click below on "view TOC" to search the Table of Contents*

We Can Work It Out (15th Dispute Resolution Section Annual Meeting)

Abstract: Ask Me Why - DRC Update/New Rules (Rule changes and court administration of the Superior Court, Family Financial and Clerk of Court mediation programs) ... Here, There and Everywhere - Tips, Tools and Techniques from the International Arena ... Here Comes the Sun - Impasse breaking tools and techniques (When I'm 64 - Family Financial; If I Fell - Workers' Compensation; You Never Give Me Your Money - Superior Court) ... Sharing the Wisdom ... Do You Want to Know A Secret? ADR Case Update ... With a Little Help From My Friends - Negotiation Techniques ... Enhance your credibility with Neuro-Linguistic Programming skills (rapport-building; initiate difficult conversations, and develop skills for greater personal authenticity) ... International ADR ... Eight Days a Week - Ethics for the ADR Professional (DRC Advisory Opinions and Rules; Handling unethical behavior) ... *Click below on "view TOC" to search the Table of Contents*

Workers' Compensation School of Law: Top Legal and Medical Issues in Workers' Compensation Law (14thWorkers' Compensation Section Annual Meeting)

Abstract: Civil Procedure: Industrial Commission Update (NCIC; Administrative Motions; Form 24 Applications; Compromise Settlement Agreements; Compromise Settlement Agreements) ... Legal Research and Writing: A Perspective from the Bench New Procedures on Medical Motions (The Statutory Mandate and Procedural Development; Expedited Medical Motion) ... Moot Court: Appellate Court Update ... Constitutional Law: Medicare Set-Asides (Medicare Compliance and Set-Asides; Medicare Liens; MSA administration) ... Professional Responsibility: "Ethics spelled backwards is Scythe" ... Torts: Appellate Case Law Update (Updates from NC Supreme Court and Court of Appeals, Estoppel, Misrepresentation, Disability, Medical Causation) ... Criminal Law: Substance Abuse Hour ... Health Law: Management of Upper and Lower Extremity Injuries ... Intellectual Property: Comparison of positional risk with other theories of risk, e.g. Increased Risk, Actual Risk, Peculiar Risk, and Proximate Cause (Cases: Criminal assault; Lightning strike; Insect sting; Insect sting; Stray bullet; Good Samaritan) ... ADR: Mediation Case Law - Share the Love (Mediated Settlement Agreements)

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