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*

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*

ABA Model Rules: A Practical Update on Ethics for Practicing Attorneys, Part 1

Abstract: This two-part audio CD provides listeners with an update on proposed changes to the ABA Model Rules of Professional Conduct and a broad-based review of developments in practical lawyer ethics. The audio CD is organized in part by the discussion of scenarios and include discussion developments related to conflicts of interest, multiple representation, malpractice insurance, and confidentiality.

ABA Model Rules: A Practical Update on Ethics for Practicing Attorneys, Part 2

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*

Attorney Ethics in Negotiations

Abstract: What specific professional obligations does an attorney have when entering negotiations with another attorney? This audio CD examines the standards of conduct applicable to attorneys in negotiations, including those honesty, avoiding deception, and potential duties to disclose.

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*

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*

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*

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.

Ethical Issues in ADR and Mediation

Abstract: As ADR generally and mediation specifically have become accepted alternatives to litigation, increasing attention has been paid to ethical issues in this context. Does attorney have and obligation to advise clients of the availability of mediation? What are the standards of conduct for arbitrators and mediators - do they have any potential liability? What are the standards applicable to counsel? This audio CD discusses these issues in a practical, scenario-based setting.

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.

Offers-in-Compromise: Settling Disputes with the IRS (2005)

Abstract: "Offers-in-compromise" are opportunities for taxpayers to settle disputes with the IRS by paying less than the full amount of a tax liability. With a growing backlog of unrecovered and unrecoverable liabilities, the IRS in recent years has begun to encourage taxpayers to make offers-in-compromise. Unfortunately, the administrative process of submitting and obtaining approval of offers has become more complicated. This audio CD provides an overview of system of making offers, detail the major key components of a successful offer, and provide practical advice on drafting successful offers and working with the IRS.

Practical Tips for Mediation in North Carolina

Abstract: Mediation has become an important part of the legal landscape in North Carolina. This audio CD is designed to define and discuss what mediation is as opposed to other forms of ADR and to help the litigator with practical tips for a successful mediation. Strategies are based on the speaker's experience in a wide variety of mediated settlement conferences.

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