SHARPEN YOUR SKILLS INCLUDED INSIDE: 2017 Real Property Practical Skills Course (page 3) 2017 Basics of Workers Compensation Program (page 6)

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1 October/November 2017 Programs and Publications of the NCBA SHARPEN YOUR SKILLS INCLUDED INSIDE: 2017 Real Property Practical Skills Course (page 3) 2017 Basics of Workers Compensation Program (page 6) NCBA 2017 Annual Review (page 8) Professionalism for New Attorneys (PNA) (page 9) Civil Collaborative Practice Training (page 12) Military & Veterans Section Annual Meeting and CLE (page 13) 2017 Legislative, Executive and Judicial Updates (page 15) The North Carolina Bar Association is accredited by the North Carolina State Bar as a provider of continuing legal education. See order form insert or call to register. 1

2 CLE BULLETIN A catalog of CLE programs and publications of the North Carolina Bar Association document Contents CLE COMMITTEE CHAIR Roberta King Latham, Winston-Salem SUBCOMMITTEE CHAIRS DISTANCE LEARNING Robert H. Wall, Winston-Salem FINANCE Kimberly W. Bryan, Raleigh MARKETING Damon T. Duncan, Greensboro PROGRAMS James B. Angell, Raleigh PUBLICATIONS Nancy L. Grace, Raleigh STRATEGIC PLANNING Ketan P. Soni, Charlotte DIRECTOR OF CLE Vaddrick Q. Parker, Cary Published six times per year by the North Carolina Bar Association CLE Department. The NCBA Continuing Legal Education Department. P.O. Box 3688, Cary, NC , Program materials are 100% DIGITAL Step-By-Step Download Instructions 1. Go to 2. Click on Your Course Materials 3. Log in (For help, call ) 4. Click on the CLE program title 5. Download and save 3 Live Programs 3 Skills Necessary for Representing Your Clients Real Estate Needs (2017 Real Property Practical Skills Course) 5 Senior Lawyers Division 2017 Fall Meeting and CLE 6 What to Expect When You Are Expecting to Practice Workers Compensation (2017 Basics of Workers Compensation Program) 7 Hot Topics for North Carolina Antitrust Lawyers and In-House Counsel (2017 Antitrust & Complex Business Disputes Law Program) 8 NCBA 2017 Annual Review 9 Professionalism for New Attorneys (PNA) Basics of Elder & Special Needs Law 11 Power of Attorney: 2018 North Carolina Uniform Power of Attorney Act 12 Civil Collaborative Practice Training Military & Veterans Law Section Annual Meeting and CLE on Legal Assistance for Military Personnel 14 A Look into the Future: Strategic Planning for a Sustainable Long-Term Practice and Retirement 15 The Only Constant is Change: 2017 Legislative, Executive and Judicial Updates 16 Live Webcasts 18 Webinars 19 On Demand Programs 21 Phone/Audio Streaming Programs 26 Hotel Information Travel Programs 27 CLE October Monthly Planner 29 CLE November Monthly Planner 31 Registration Information 32 CLE Order Form INCLEMENT WEATHER POLICY: If inclement weather is forecast for your area, please check local news listings or contact the location where your program is being held for closing information. The North Carolina Bar Association programs will follow the work schedule of the hosting institution, to include delayed openings. If the site is closed, the program is cancelled. Site contact information is listed on the confirmation registrants receive for each program. The North Carolina Bar Association will make every effort to notify you should inclement weather cause a program to be cancelled or delayed. Please ensure that your current contact information, including an address, is provided when registering for a CLE program. 2 NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

3 Live Programs Skills Necessary for Representing Your Clients Real Estate Needs 2017 Real Property Practical Skills Course Live (#641RPF) and Live Webcast (#641LWC) Thursday Friday, October 5 6, 2017 NC Bar Center, Cary CLE Credit: 12.5 Hours, includes 1.5 Hours Ethics/Professional Responsibility Qualifies for North Carolina State Bar Real Property Specialization credit Planned by the NCBA Real Property Section SUMMARY This real property course is designed to help attorneys new to the practice of real estate as well as seasoned attorneys who are looking to expand real property knowledge outside of everyday real estate practice. This course touches on an array of issues that arise in everyday practice and provides practical skills needed to adequately represent our real estate clients needs. From drafting of leases, easements, declarations and agreements, to representing developers and lenders, and then to solving title issues including the drafting of legal descriptions and the correction of errors this course touches on at least some area that makes attending the course worthwhile for any real property attorney. PLANNER Erin S. Cowan, Nexsen Pruet PLLC, Greensboro SPEAKERS Jane S. Barkley, Investors Title Insurance Company, Chapel Hill Charles D. Chad Brown II, Womble Carlyle Sandridge & Rice LLP, Winston-Salem Brian S. Edlin, Jordan Price Wall Gray Jones & Carlton PLLC, Raleigh K. Doyle George, The Law Offices of K. Doyle George, Charlotte David L. Hillman, Ellis & Winters LLP, Raleigh George E. Hollodick, Blanco Tackabery & Matamoros PA, Winston-Salem Frankie T. Jones Jr., Smith Moore Leatherwood LLP, Greensboro Chadwick I. McCullen, Young Moore & Henderson PA, Raleigh Anne M. Parkin, North Carolina State Bar, Raleigh Brian T. Pearce, Nexsen Pruet PLLC, Greensboro Jeff D. Rogers, Smith Debnam Narron Drake Saintsing & Myers LLP, Raleigh Kimberly B. Rosenberg, Attorneys Title Holdings Inc., Raleigh James R. Jim Saintsing, Fidelity National Title Company LLC, Greensboro Brian Z. Taylor, White & Allen PA, New Bern James W. Williams III, Chicago Title Insurance Company, Raleigh HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM AGENDA Thursday, October 5, :45a Registration and Continental Breakfast (included at Live program only) Sponsored by Citrix Sharefile 8:25 Welcome and Introductions 8:30 Drafting Legal Descriptions George 9:15 Estates of Decedents, Minors and Incompetents McCullen 10:00 Break 10:15 Development Basics Hillman 11:15 Low Income Housing and Renewable Energy Tax Credit Transactions Hollodick 12:15p Networking Lunch (included at Live program only) 1:00 Easements, Rights of Ways, Railroads Saintsing 1:45 Residential Closings/CFPB/Legislative Update Taylor 2:30 Break 2:45 Entity Formations Jones 3:30 Bankruptcy/Foreclosures/Deeds in Lieu Rogers 4:15 Adjourn Friday, October 6, :45a Registration and Continental Breakfast (included at Live program only) 8:25 Welcome and Introductions 8:30 Trust Accounting Basics* Parkin 9:15 Commercial Lending Brown 10:15 Break 10:30 Mobile Homes Williams 11:15 Commercial Leasing Pearce 12:15p Networking Lunch (included at Live program only) 1:00 Planned Communities Edlin 2:00 Commercial Title Insurance Barkley 2:45 Break 3:00 ALTA Best Practice for NC Law Firms* Rosenberg 3:45 Adjourn *Indicates portion providing Ethics/Professional Responsibility credit PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit See order form insert or call to register. 3

4 (Continued from page 3) LIVE TUITION #641RPF Registration must be received by September 28 for Early Bird Discount. Registration Type Early Regular NCBA RP Section Member $400 $475 NCBA Member $420 $495 NCBA Paralegal Division Member $255 $330 Non-Member $495 $570 Full-Time LANC Attorney (NCBA Member) $225 1st Year Licensed in NC (NCBA Member) $ tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 LIVE WEBCAST TUITION #641LWC Early Bird rate does not apply. NCBA RP Section Member $500 NCBA Member $520 NCBA Paralegal Division Member $355 Non-Member $595 Full-Time LANC Attorney (NCBA Member) $280 1st Year Licensed in NC (NCBA Member) $ tokens BOOK RECOMMENDATIONS for real property attorneys Common Interest Communities in North Carolina Author: Brian S. Edlin Today, over 2 million North Carolinians live in some form of common interest community (CIC). Therefore, all lawyers should be familiar with the laws governing these communities. This book provides: A historical overview of how these communities became so prevalent A summary of all the major local, state and federal laws and regulations that touch these communities An addendum packed with cases and brief summaries of all the cases in NC Citations of specific examples of bylaws, declarations and other governing documents/instruments from specific communities throughout NC And much, much more! JOIN A SECTION! More than 70 percent of NCBA memebers are active in one or more of our 31 practice area sections. Members receive discounted rates on section-related CLE programs and have access to exclusive newsletter content. To learn more about NCBA Section memberships, visit our website at North Carolina Real Property Forms Manual (Combined 2003/2011 Download) Contributors: Marc L. Isaacson, Scott A. Schaaf, Robert H. Sheppard, Christopher J. Vaughn and Garry M. Whaley This download is November s Book of the Month. Purchase between November 1 30 and receive a 20% discount. See page 24 for publication details. Visit ncbar.org/clebookstore or call for more information on these or any other NCBA publication. 4 NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

5 Senior Lawyers Division 2017 Fall Meeting and CLE Live (#745SLD) Friday Saturday, October 6 7, 2017 Chetola Resort, Blowing Rock CLE Credit: Up to 6.5 Hours, includes 0.75 Hour Ethics/Professional Responsibility Planned by the NCBA Senior Lawyers Division SUMMARY This CLE program highlights the emphasis on pro bono activities. According to the 2016 ABA Commission s report on the Future of Legal Services, over 80 percent of the civil legal needs of lower-tomiddle income individuals are unmet. The Senior Lawyers Division supports and encourages the idea that all people should have some form of legal assistance, regardless of income level or social standing. In this program, we explore ethical and professional responsibilities to help achieve access, and we hear from the agencies organized to meet those needs. Join the Executive Director of the Chief Justice s Commission on Professionalism, leaders of NCBA, and pro bono service providers as they share their knowledge and experience to inspire you to become part of the solution. PLANNER E.D. Gaskins Jr., Everett Gaskins Hancock LLP, Raleigh MODERATOR W. Erwin Fuller Jr., Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro SPEAKERS James A. Barrett, Pisgah Legal Services, Asheville E.D. Gaskins Jr., Everett Gaskins Hancock LLP, Raleigh George R. Hausen Jr., Legal Aid of North Carolina, Raleigh Mary L. Irvine, North Carolina Equal Access to Justice Commission, Raleigh Jennifer M. Lechner, North Carolina Equal Access to Justice Commission, Raleigh Kim Bart Mullikin, Senior Director, North Carolina Bar Foundation, Cary Sylvia K. Novinsky, North Carolina Pro Bono Resource Center, Raleigh Lisa M. Sheppard, North Carolina Judicial Branch, Raleigh Ed Turlington, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh HOTEL INFORMATION Please see Blowing Rock hotel information on page 26. CLE PROGRAM DETAILS For the most up-to-date program information, including the complete agend, please visit PROGRAM AGENDA Friday, October 6, :45a Registration 8:25 Welcome and Introductions Gaskins 8:30 Introduction: Ethical and Professional Foundation Gaskins 9:00 The Access to Justice Gap Hausen and Irvine 10:00 The Ethics of Pro Bono in North Carolina* Lechner and Novinsky 10:45 Pro Bono in North Carolina Who, What, Where, When and How? Bart Mullikin and Novinsky 11:30 Keynote Address Sheppard Day 1 CLE Credit 3.5 Hours, including 0.75 Hour Ethics/Professional Responsibility Saturday, October 7, :30a Registration 8:55 Welcome and Introductions Fuller 9:00 How Can Senior Lawyers Help? Barrett 10:00 Break 10:15 Panel Discussions: Why and How? Pisgah Legal Services Volunteers 11: Legislative Update Turlington 12:15p Adjourn Day 2 CLE Credit 3.0 Hours *Indicates portion providing Ethics/Professional Responsibility credit SENIOR LAWYERS DIVISION MEMBERS LIVE TUITION #745SLD, #745SL1, #745SL2 Registration must be received by September 29 for Early Bird Discount. Registration Type Early Regular Passport Friday and Saturday (#745SLD) $280 $330 6 tokens Friday Only (#745SL1) $220 $270 3 tokens Saturday Only (#745SL2) $150 $200 3 tokens NOTE: Those who are not members of the Senior Lawyers Division, please see CLE pricing options at iphone ON DEMAND CLE: Watch these prerecorded programs at your convenience from your computer or mobile device. See featured programs and details on pages of this bulletin, or visit and click on On Demand Courses. See order form insert or call to register. 5

6 What to Expect When You Are Expecting to Practice Workers Compensation 2017 Basics of Workers Compensation Program Live (#725WCP) and Live Webcast (#725LWC) Friday, October 13, 2017 NC Bar Center, Cary CLE Credit: 6.25 Hours, includes 1.0 Hour Ethics/Professional Responsibility Qualifies for North Carolina State Bar Workers Compensation Law Specialization credit Planned by the NCBA Workers Compensation Section SUMMARY Whether you are new to workers compensation or experienced, this CLE provides an overview of the topics that are the most important for practitioners. This program touches on best practices in the administrative forum and provides an update and overview of the law of injury by accident. Hear a panel of experienced practitioners discuss the best approach to take at mediation to achieve a successful outcome for your client and how to deal with tricky medical liens and expenses in disputed claims. PLANNERS Matthew D. Harbin, Law Offices of James Scott Farrin, Durham Jason R. Shoemaker, Mullen Holland & Cooper PA, Gastonia SPEAKERS Daniel W. Hayes, Teague Campbell Dennis & Gorham LLP, Asheville Matthew S. Healey, The Law Offices of James Scott Farrin, Raleigh Michael R. Kelly, North Carolina Industrial Commission, Greensboro Dominique M. Missy Koch, SeiferFlatow PLLC, Charlotte Kara F. McIvor, Mike Lewis Attorneys, Winston-Salem H. Randolph Dolph Sumner, Mullen Holland & Cooper PA, Gastonia William B. Wallace, The Law Offices of Michael A. DeMayo LLP, Charlotte HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit SHORT ON TIME? We have a wide selection of one hour Phone/Audio Streaming Programs. These programs stream every business day for your convenience. See listings and details on pages of this Bulletin, or visit ncbar.org/cle and click on Live From Your Device. PROGRAM AGENDA Friday, October 13, :15a Registration 8:55 Welcome and Introductions 9:00 Practice in the Administrative Forum Kelly 10:00 Injury by Accident Wallace 10:45 Break 11:00 Medical Causation and the New Law on Presumption Koch 12:00p Networking Lunch (included at Live program only) 12:45 Best Practices for a Successful Mediation A Panel Discussion Koch, McIvor and Sumner 1:30 Liens and Settlement Issues Healey 2:30 Best Practices for Settling a Workers Compensation Claim that May (or May Not) be Submitted for CMS Approval Hayes 3:15 Break 3:30 Ethical Considerations in Workers Compensation Claims* McIvor 4:30 Adjourn *Indicates portion providing Ethics/Professional Responsibility credit LIVE TUITION #725WCP Registration must be received by October 6 for Early Bird Discount. Registration Type Early Regular NCBA WC Section Member $215 $265 NCBA Member $235 $285 NCBA Paralegal Division Member $155 $205 Non-Member $285 $335 Full-Time LANC Attorney (NCBA Member) $155 1st Year Licensed in NC (NCBA Member) $99 6 tokens The following categories do not include MCLE fees. NC Industrial Commission Commisioner/Deputy Commissioner (NCBA Member) $75 Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 LIVE WEBCAST TUITION #725LWC Early Bird rate does not apply. NCBA WC Section Member $290 NCBA Member $310 NCBA Paralegal Division Member $230 Non-Member $360 Full-Time LANC Attorney (NCBA Member) $180 1st Year Licensed in NC (NCBA Member) $124 6 tokens 6 NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

7 Hot Topics for North Carolina Antitrust Lawyers and In-House Counsel 2017 Antitrust & Complex Business Disputes Law Program Live (#735ATP) Wednesday, October 18, 2017 Robinson Bradshaw & Hinson PA, Charlotte CLE Credit: 3.0 Hours Planned by the NCBA Antitrust & Complex Business Disputes Law Section SUMMARY This program designed for antitrust lawyers and in-house counsel takes a close look at several important areas of competition law and consumer protection. The program features a discussion of how businesses can identify and minimize antitrust risks in their dealings with competitors. It also reviews recent developments in a high-stakes area of antitrust law: class actions. In addition, representatives of the U.S. Department of Justice and Federal Trade Commission offer their insights on enforcement priorities and strategies. Finally, the CLE ends with a luncheon featuring keynote speaker, North Carolina Attorney General Josh Stein. PLANNERS Stephen D. Feldman, Ellis & Winters LLP, Raleigh Kenzie M. Rakes, North Carolina Business Court, Charlotte Gregory L. Skidmore, Robinson Bradshaw & Hinson PA, Charlotte SPEAKERS Deputy Assistant Attorney General Bryson Bachman, United States Department of Justice, Washington DC Attorney General Joshua H. Stein, North Carolina Department of Justice, Raleigh Solicitor General Matthew W. Sawchak, North Carolina Department of Justice, Raleigh Nathan C. Chase Jr., Robinson Bradshaw & Hinson PA, Charlotte Melanie B. Dubis, Parker Poe Adams & Bernstein LLP, Raleigh Jonathan P. Heyl, Smith Moore Leatherwood LLP, Charlotte Gregory L. Skidmore, Robinson Bradshaw & Hinson PA, Charlotte David M. Wilkerson, The Van Winkle Law Firm, Asheville HOTEL INFORMATION Please see suggested Charlotte hotels on page 26. PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit PROGRAM AGENDA Wednesday, October 18, :15a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions 9:00 Best Practices for Communicating with Competitors Dubis and Skidmore 10:00 Program on Antitrust Class Actions Chase, Heyl and Wilkerson 11:00 Break 11:10 Federal Enforcement Priorities in the New Administration Deputy Assistant Attorney General Bachman and TBD, Moderator: Solicitor General Shawchak 12:10p Break 12:15 Luncheon with Keynote Speech from Attorney General Josh Stein (no CLE credit) 1:00 Adjourn LIVE TUITION #735ATP Registration must be received by October 11 for Early Bird Discount. Registration Type Early Regular NCBA ACBD Section Member $150 $200 NCBA Member $170 $220 NCBA Paralegal Division Member $125 $175 Non-Member $220 $270 Full-Time LANC Attorney (NCBA Member) $125 1st Year Licensed in NC (NCBA Member) $99 3 tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 luggage luggageluggage NCBA Foundation CLE PASSPORT Access to all your CLE or CPE needs with one easy payment Top Benefits of Average savings of 25% per year on programs* One easy payment with rolling enrollment Save 30% on all CLE Bookstore purchases $50 discount for current Passport holders No cancellation fees for Passport holders * A limited number of out-of-state and special programs are not eligible Get your CLE or CPE Passport today! Visit or call See order form insert or call to register. 7

8 NCBA 2017 Annual Review Live (#663ARP) and Live Webcast (#663LWC) Thursday Friday, October 19 20, 2017 NC Bar Center, Cary CLE Credit: 12.0 Hours, includes 2.0 Hours Ethics/Professional Responsibility and 1.0 Hour Substance Abuse/Mental Health Planned by the NCBA CLE Department SUMMARY You asked, and we listened! The NCBA 2017 Annual Review is filled with topics chosen by you, providing important updates featuring North Carolina case law and legislation. This 12-hour program brings you up to speed on current changes in business law, cybersecurity, elder law, estate planning and litigation. Also receive updates on Annual Review favorites including civil, criminal, family and real property law. This program provides two hours of ethics/professional responsibility credit and one hour of substance abuse/mental health credit. Join us on October for the Live program, held at the NC Bar Center in Cary, or attend the Live Webcast from your home or office. MODERATORS M. Denisse Gonzalez, Cisco Systems, Raleigh Jason L. Walters, Davis & Hamrick LLP, Winston-Salem SPEAKERS Amy L. Britt, Cheshire Parker Schneider & Bryan PLLC, Raleigh Patrick Brown, Lawyers Mutual Liability Insurance Company of North Carolina, Cary Matthew A. Cordell, VF Corporation, Greensboro Kearns Davis, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro Steven B. Epstein, Poyner Spruill LLP, Raleigh Thomas R. Tom Holt, Bagwell Holt Smith PA, Chapel Hill Amy P. Hunt, Horack Talley Pharr & Lowndes PA, Charlotte Elizabeth H. Johnson, Wyrick Robbins Yates & Ponton LLP, Raleigh Nichole P. McLaughlin, North Carolina State Bar, Raleigh Anna S. Mills, Womble Carlyle Sandridge & Rice LLP, Charlotte Jan E. Pritchett, Schlosser & Pritchett, Greensboro Kathleen R. Rodberg, McGuire Wood & Bissette PA, Asheville Benton G. Sawrey, Narron O Hale & Whittington PA, Smithfield R. Matthew Van Sickle, Lynch Van Sickle PLLC, Cary HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM AGENDA Thursday, October 19, :25a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions Walters 9:00 Avoiding Common Ethical Pitfalls* McLaughlin 10:00 Privacy and Cybersecurity Update Cordell and Johnson 11:00 Break 11:15 Real Property Case Law Update Hunt 12:15p Networking Lunch (included at Live program only) 1:00 Criminal Law Update Davis and Pritchett 2:00 Estate Planning Update Sawrey 3:00 Break 3:15 When a Client Becomes an Adversary: Strategies for Preventing and Collecting Unpaid Legal Fees Van Sickle 4:15 Adjourn Friday, October 20, :25a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions Gonzalez 9:00 Business Law Update Mills 10:00 Civil Law Update Epstein 11:00 Break 11:15 Elder Law Update Rodberg 12:15p Networking Lunch (included at Live program only) 1:00 Family Law Update Britt 2:00 e-ethics: Tricks, Traps and Trends* Brown 3:00 Break 3:15 ABA Landmark Study and Implications for the Profession Holt 4:15 Adjourn * Indicates portion providing Ethics/Professional Responsibility credit Indicates portion providing Substance Abuse/Mental Health credit PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit LIVE TUITION #663ARP Registration must be received by October 12 for Early Bird Discount. Registration Type Early Regular NCBA Member $395 $465 NCBA Paralegal Division Member $245 $315 Non-Member $465 $535 Full-Time LANC Attorney (NCBA Member) $245 1st Year Licensed in NC (NCBA Member) $ tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 LIVE WEBCAST TUITION #663LWC Early Bird rate does not apply. NCBA Member $490 NCBA Paralegal Division Member $340 Non-Member $560 Full-Time LANC Attorney (NCBA Member) $270 1st Year Licensed in NC (NCBA Member) $ tokens Earn all of your CLEs for 2017 with just one course. Register today. 8 NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

9 Professionalism for New Attorneys (PNA) Live Two-Day (#664PNA) Live Webcast and Live (#664LWC) Wednesday Thursday, October 25 26, 2017 NC Bar Center, Cary CLE Credit: 12.0 Hours, includes 11.0 Hours Ethics/Professional Responsibility and 1.0 Hour Substance Abuse/Mental Health Earn all of your 2016 MCLE requirements with this course and receive a free electronic copy of ABC s of Traffic Law: Do s and Don ts of Traffic Court, Second Edition by Chad Garrett. SUMMARY Once you pass the North Carolina State Bar examination, you are required to take the Professionalism for New Attorneys (PNA) course from an approved provider. This program is a two-day, 12-hour CLE designed to give newly licensed attorneys a greater understanding of law practice management, trust accounts, North Carolina State Bar rules and requirements, professional responsibility and ethics, and the grievance process. PLANNER Zachary T. Dawson, Smith Moore Leatherwood LLP, Greensboro SPEAKERS Chief Judge Linda M. McGee, North Carolina Court of Appeals, Raleigh Judge Paul C. Ridgeway, North Carolina Superior Court, Raleigh Mary Aiken Barrow, Tharrington Smith LLP, Raleigh Michael W. Bertics, Lennon Camak & Bertics PLLC, Raleigh Janet Ward Black, Ward Black Law, Greensboro Peter G. Bolac, North Carolina State Bar, Raleigh Jeffrey D. Bradford, City of Fayetteville, Fayetteville Joyce P. Brafford, North Carolina Bar Association, Cary Deanna S. Brocker, The Brocker Law Firm PA, Raleigh Douglas J. Brocker, The Brocker Law Firm PA, Raleigh Maria J. Brown, North Carolina State Bar, Raleigh Patrick Brown, Lawyers Mutual Liability Insurance Company of North Carolina, Cary Troy G. Crawford, Lawyers Mutual Liability Insurance Company of North Carolina, Cary Jena M. Edelman, Vidant Health, Greenville Nicolette Fulton, City of Raleigh Attorney s Office, Raleigh Paul J. Griffin, The Select Group, Raleigh Kenneth B. Hammer, Toshiba Global Commerce Solutions Inc., Cary Nathan G. Harrill, K&L Gates LLP, Raleigh George W. Lennon, Lennon Camak & Bertics PLLC, Raleigh Kimberly A. Licata, Blue Cross and Blue Shield of North Carolina, Durham W. Thomas McCuiston, McCuiston Law Offices PLLC, Cary Robynn E. Moraites, North Carolina Lawyer Assistance Program, Charlotte Kim Bart Mullikin, North Carolina Bar Foundation, Cary John P. Schifano, Town of Holly Springs, Holly Springs S. Mujeeb Shah-Khan, City of Monroe, Monroe Lisa M. Sheppard, Chief Justice s Commission on Professionalism, Raleigh Samuel G. Bo Thompson Jr., Yates McLamb & Weyher LLP, Raleigh Jeffrey R. Whitley, Smith Moore Leatherwood LLP, Raleigh Patrick Yanke, Yanke Financial, Raleigh Maureen M. Zyglis, Parker Poe Adams & Bernstein LLP, Raleigh HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM OPTIONS Live Two-Day Live, Cary, NC Bar Center Wed. Thu., October 25 26, 2017 Live and Webcast Two-Day Day 1: Webcast Wed., October 25, 2017 Day 2: Live, Cary, NC Bar Center Thu., October 26, 2017 PROGRAM AGENDA Wednesday, October 25 (Day 1: Live or Webcast) 8:25a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions Dawson 9:00 Dealing with the Courts Black 10:00 Ethics and Grievance Committees Brocker and Brocker 11:00 Break and Book Sale 11:15 Overview of the North Carolina State Bar M. Brown 11:45 Pro Bono Service in North Carolina Bart Mullikin 12:15p Networking Lunch/Book Sale (included at Live program only) 1:15 Getting Lost in Our Own Lives Moraites 2:15 Why Professionalism is Important to You Sheppard and Thompson 3:15 Break and Book Sale 3:30 A View from the Bench: Cases and Examples of Professionalism and the Challenges of Being a New Lawyer Chief Judge McGee and Judge Ridgeway 4:25 Professionalism Insight and Voluntary Oath Judge Ridgeway 4:30 Adjourn 5:00 Networking Social Sponsored by NCBA Young Lawyers Division (YLD) Thursday, October 26 (Day 2: Live program only) 8:25a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions Dawson 9:00 The Attorney-Client Relationship: Things Every Attorney Needs to Know P. Brown and Crawford 10:00 Follow the Money: Managing a Trust Account Bolac 11:00 Break and Book Sale 11:15 Practical Ethics for the Modern Law Office Brafford 12:15p Networking Lunch and Book Sale (included at Live program only) Sponsored by Lawyers Mutual Liability Insurance Company of North Carolina 1:15 Starting Out: Financial Planning Strategies Yanke 2:15 Break, Book Sale and Ice Cream Social Sponsored by Clio 2:30 Solo/Small Firm, Associate, Corporate Counsel and Government Breakout Sessions 3:30 Solo/Small Firm, Associate, Corporate Counsel and Government Breakout Sessions 4:30 Adjourn * Indicates portion providing Ethics/Professional Responsibility credit Indicates portion providing Substance Abuse/Mental Health credit TUITION Registration Type Tuition Newly Licensed NC Attorney $235 Established Attorney $460 PROGRAM DETAILS & VIDEO REPLAYS For all program details including the most up-to-date program information, complete agenda and a list of video replay locations, please visit See order form insert or call to register. 9

10 2017 Basics of Elder & Special Needs Law Live (#625BEL) and Live Webcast (#625LWC) Friday, October 27, 2017 NC Bar Center, Cary CLE Credit: 7.0 Hours, includes 1.0 Hour Substance Abuse/Mental Health Qualifies for North Carolina State Bar Elder Law Specialization credit Planned by the NCBA Elder & Special Needs Law Section SUMMARY The 2017 Basics of Elder & Special Needs Law program builds a stronger foundation for any elder law attorney, including experienced practitioners and attorneys who are new to the practice of elder law. This year s program offers practical guidance for guardianship proceedings and elder law litigation. In addition, attendees gain better understanding of strategies for long-term care planning and Medicaid applications. Attendees also obtain the following benefits: Receive guidance about ABLE accounts and special needs trust planning Obtain information about public benefits eligibility and trust taxation Hear about how to achieve mental, physical and professional health Learn about common strategies in avoiding estate recovery PLANNERS Nicole L. Nicki Applefield, Patla Straus Robinson & Moore PA, Asheville Kara O. Gansmann, Cranfill Sumner & Hartzog LLP, Wilmington SPEAKERS Andrew D. Atherton, McGuire Wood & Bissette PA, Asheville Rachel A. Fuerst, Henson Fuerst PA, Raleigh Robert A. Bob Mason, Mason Law PC, Asheboro Sarah E. Nagae, Nexsen Pruet PLLC, Raleigh Andrew W. Olsen, Cranfill Sumner & Hartzog LLP, Wilmington Lisa M. Salines-Mondello, Salines-Mondello Law Firm PC, Wilmington Brent W. Stephens, Craige Jenkins Liipfert & Walker LLP, Winston-Salem HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit PROGRAM AGENDA Friday, October 27, :45a Registration 8:15 Welcome and Introductions 8:20 Introduction to Special Needs Planning Stephens 9:20 Introduction to Guardianship Salines-Mondello 10:20 Break 10:35 Overview of Elder Law Litigation Fuerst 11:35 Networking Lunch (included at Live program only) 12:30p Introduction to Medicaid Eligibility and Applications Atherton 1:30 Medicaid Strategies in Long Term Care Planning Olsen 2:30 Break 2:45 Attorney Wellness: Achieving Health Physically, Mentally and Professionally Nagae 3:45 Public Benefits and Trust Taxation Mason 4:45 Adjourn Indicates portion providing Substance Abuse/Mental Health credit LIVE TUITION #625BEL Registration must be received by October 20 for Early Bird Discount. Registration Type Early Regular NCBA EL Section Member $240 $295 NCBA Member $260 $315 NCBA Paralegal Division Member $170 $225 Non-Member $315 $370 Full-Time LANC Attorney (NCBA Member) $170 1st Year Licensed in NC (NCBA Member) $99 7 tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 LIVE WEBCAST TUITION #625LWC Early Bird rate does not apply. NCBA EL Section Member $320 NCBA Member $340 NCBA Paralegal Division Member $250 Non-Member $395 Full-Time LANC Attorney (NCBA Member) $195 1st Year Licensed in NC (NCBA Member) $124 7 tokens MADE-TO-ORDER VIDEO REPLAY CLEs ON DVD It s easy to host a top-quality CLE at your office or other location of your choice! Just tell us what you need, register at least three participants and push play. That s it. Contact the CLE Department (askcle@ncbar.org or ) for complete details NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

11 Power of Attorney: 2018 North Carolina Uniform Power of Attorney Act Live (#743POA) and Live Webcast (#743LWC) Friday, November 3, 2017 NC Bar Center, Cary CLE Credit: 6.5 Hours Planned by the NCBA Elder & Special Needs Law and Estate Planning & Fiduciary Law Sections SUMMARY This program provides a comprehensive review and discussion of the North Carolina Uniform Power of Attorney Act in advance of its effective date January 1, Speakers include the primary drafters of the new Act and just a few of the numerous people who shared their insight and experience with the drafters, all of whom are uniquely qualified to provide insight on the Act, its history, changes to North Carolina law under the new Act, the provisions of the new Act and the application of these provisions. This CLE focuses on a review of the general and specific authorities that may be granted to an agent by the principal, agent duties and liabilities, and discussions of the use and application of a power of attorney under the new Act for gifting, estate planning, real estate transactions, banking, and judicial relief. Highlights of this program include discussions regarding the new North Carolina Statutory Short Form Power of Attorney and the introduction and review of an alternative form for a North Carolina power of attorney including drafting tips for a power of attorney under North Carolina law and the new Act. PLANNERS Janice L. Davies, Davies Law PLLC, Charlotte Tanya N. Oesterreich, Oesterreich Law, Concord SPEAKERS S. Kyle Agee, Johnston Allison & Hord PA, Charlotte Elizabeth K. Arias, Womble Carlyle Sandridge & Rice LLP, Raleigh Nathan R. Batts, NC Bankers Association, Raleigh Nancy J. Coppola, First Citizens Bank & Trust Company Legal Department, Raleigh Janice L. Davies, Davies Law PLLC, Charlotte Nancy S. Ferguson, Chicago Title Company LLC, Greensboro James E. Hickmon, Hickmon & Perrin PC, Charlotte Graham D. Holding, Robinson Bradshaw & Hinson PA, Charlotte Brooks F. Jaffa, Cranford Buckley Schultze Tomchin Allen & Buie PA, Charlotte Linda F. Johnson, Senter Stephenson & Johnson, Fuquay-Varina Larry H. Rocamora, McPherson Rocamora & Nicholson PLLC, Durham Rebecca L. Smitherman, Craige Jenkins Liipfert & Walker LLP, Winston-Salem Brent W. Stephens, Craige Jenkins Liipfert & Walker LLP, Winston-Salem HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit PROGRAM AGENDA Friday, November 3, :00a Registration 8:25 Welcome and Introductions 8:30 A Preface to the North Carolina Uniform Power of Attorney Act Davies 9:15 Authorities to Agent or Co-Agents by Principal Jaffa 10:00 Break 10:15 Taking the Job, Being Paid for the Job and Ending the Job Smitherman 11:00 Planning and the North Carolina Uniform Power of Attorney Act Rocamora and Stephens 12:00p Networking Lunch (included at Live program only) 12:45 Real Property and the North Carolina Uniform Power of Attorney Act Ferguson and Johnson 1:45 Banking and the North Carolina Power of Attorney Act Agee, Batts and Coppola 2:30 Break 2:45 Judicial Relief and Other Judicial Matters Arias and Hickmon 3:30 Drafting a North Carolina Power of Attorney Holding 4:15 Adjourn LIVE TUITION #743POA Registration must be received by October 20 for Early Bird Discount. Registration Type Early Regular NCBA EL Section Member $240 $295 NCBA EP Section Member $240 $295 NCBA Member $260 $315 NCBA Paralegal Division Member $170 $225 Non-Member $315 $370 Full-Time LANC Attorney (NCBA Member) $170 1st Year Licensed in NC (NCBA Member) $99 6 tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 LIVE WEBCAST TUITION #743LWC Early Bird rate does not apply. NCBA EL Section Member $320 NCBA EL Section Member $320 NCBA Member $340 NCBA Paralegal Division Member $250 Non-Member $395 Full-Time LANC Attorney (NCBA Member) $195 1st Year Licensed in NC (NCBA Member) $124 6 tokens See order form insert or call to register. 11

12 Civil Collaborative Practice Training Live (#723COL) Half-day and one-day options are also available. See below for details. Tuesday Wednesday, November 7 8, 2017 NC Bar Center, Cary CLE Credit: Up to 14.0 Hours, includes 1.0 Hour Ethics/Professional Responsibility Sponsored by the NCBA Dispute Resolution Section SUMMARY This program provides training in a new practice method for litigators, mediators, business, construction, employment and estate lawyers and anyone else looking for a quicker, less expensive way to resolve disputes without destroying important relationships. The following options are available: Half-day program for those interested in learning about collaborative practice without undertaking a full training program One-day program designed for those who wish to be trained as collaborative attorneys but are unable to complete the full two-day training at once Two-day program providing all of the tools to enable the participants to hold themselves out as collaboratively trained attorneys One-day advanced program (day two of the full basic training) for those who have been previously trained and are looking to further enhance their training PLANNERS John L. Sarratt, Harris Sarratt & Hodges LLP, Raleigh Mark A. Springfield, Springfield Collaborative Divorce, Raleigh PLANNING COMMITTEE Jeffrey A. Batts, Batts Batts & Bell LLP, Rocky Mount Auley M. Lee Crouch III, Block Crouch Keeter Behm & Sayed LLP, Wilmington Randolph Tre Morgan III, Law Office of Randolph Morgan III PA, Raleigh John W. Ong, Cranfill Sumner & Hartzog, Charlotte Danae C. Woodward, Woodward & Woodward PLLC, Charlotte SPEAKERS Aida Doss Havel, Separating Together, Raleigh Randolph Tre Morgan III, Law Office of Randolph Morgan III PA, Raleigh John W. Ong, Cranfill Sumner & Hartzog, Charlotte John L. Sarratt, Harris Sarratt & Hodges LLP, Raleigh Mark A. Springfield, Springfield Collaborative Divorce, Raleigh Stephen H. Sulmeyer, J.D., Ph.D., Corte Madera, California (Speaker sponsored by Springfield Collaborative Divorce, Raleigh) HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit Half-day and one-day training options are available for this program. Please visit the webpage for details and pricing at PROGRAM AGENDA Tuesday, November 7, :15a Registration 8:55 Welcome and Introductions Sarratt 9:00 Collaborative Practice in a Nutshell Sarratt 9:30 The Collaborative Process Sarratt and Springfield 10:30 Break 10:45 The Collaborative Process (cont d) Morgan and Springfield 11:45 The Paradigm Shift Havel 12:30p Networking Lunch 1:00 Collaborative Communication Techniques Havel 1:45 Breakout for One-on-One Initial Client Interview Havel, Morgan, Ong, Sarratt and Springfield 2:30 Break 2:45 Ethical Considerations in Collaborative Practice* Havel 3:45 Building a Collaborative Law Practice Ong, Sarratt and Springfield 5:00 Adjourn Wednesday, November 8, :15a Registration 8:55 Welcome and Introductions Sarratt 9:00 What is Impasse? Springfield and Sulmeyer 9:45 Revisioning of Conflict Springfield and Sulmeyer 10:30 Break 10:45 Getting to the Emotional Truth of the Case Springfield and Sulmeyer 12:45p Networking Lunch 1:15 Impasse and Vulnerability Springfield and Sulmeyer 1:45 Working with Vulnerability: The Centrality of Empathy Springfield and Sulmeyer 3:00 Break 3:15 Mastery of an Undefended Approach Springfield and Sulmeyer 5:00 Adjourn *Indicates portion providing Ethics/Professional Responsibility credit LIVE TUITION #723COL (Two-day program) Registration must be received by October 31 for Early Bird Discount. Registration Type Early Regular NCBA DR Section Member $550 $625 NCBA Member $570 $645 NCBA Paralegal Division Member $395 $470 Non-Member $645 $720 Full-Time LANC Attorney (NCBA Member) $395 1st Year Licensed in NC (NCBA Member) $ tokens 12 NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

13 2017 Military & Veterans Law Section Annual Meeting and CLE on Legal Assistance for Military Personnel Live (#678MLC) and Live Webcast (#678LWC) Tuesday Wednesday, November 14 15, 2017 NC Bar Center, Cary CLE Credit: 12.0 Hours, includes 1.0 Hour Ethics/Professional Responsibility and 1.0 Hour Substance Abuse/Mental Health Planned by the NCBA Military & Veterans Law Section in Cooperation with the North Carolina State Bar Legal Assistance for Military Personnel Committee (LAMP) SUMMARY This educational program serves military attorneys and paralegals working in legal assistance, as well as civilian counsel whose practices involve military clients or issues. Scholarships are available to the first 80 qualifying registrants. Funding is made possible by a grant from the North Carolina Bar Foundation. Contact the CLE Department at to take advantage of this scholarship opportunity. PLANNERS Michael S. Archer, United States Marine Corps, Jacksonville Kirk G. Warner, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh Timothy E. Wipperman, North Carolina Central University School of Law, Durham SPEAKERS Kevin L. Anderson, North Carolina Department of Justice, Raleigh Michael S. Archer, United States Marine Corps, Jacksonville Silas V. Darden III, United States Department of Justice, Washington, DC Tanya I. Kirwan, United States Department of Justice, Washington, DC Kaitlin S. Katie Kober, Sullivan and Tanner PA, Raleigh B. Bailey Liipfert III, Liipfert Law Group PLLC, Winston-Salem Angela O. Martin, Consumer Financial Protection Bureau, Washington, DC Nichole P. McLaughlin, North Carolina State Bar, Raleigh Vickie M. O Brien, United States Marine Corps, Jacksonville Ashley L. Oldham, Sullivan and Tanner PA, Raleigh Richard R. Ottinger Jr., Soliders Medical Evaluation Board Counsel, Fort Bragg Jason A. Pikler, North Carolina Justice Center, Raleigh Marcelle C. Quist, Soliders Medical Evaluation Board Counsel, Fort Bragg Maureen L. Reardon, Ph.D., ABPP, Maureen Lyons Reardon LLC, Raleigh HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM AGENDA Tuesday, November 14, :15a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions 9:00 Recent Developments in Military Family Law Kober and Oldham 11:00 Break 11:15 Special Considerations for Working with Veterans with PTSD and Related Mental Health Conditions Reardon 12:15p Networking Lunch (included at Live program only) 1:00 Servicemembers Civil Relief Act (SCRA) Kirwan 2:00 U.S. Department of Justice Military Outreach Program Darden 2:30 Exceptional Family Member Issues O Brien 3:00 Break 3:15 Consumer Finance Protection Bureau (CFPB) Martin 4:15 CLE Program Adjourns 4:15 Military & Veterans Law Section Annual Meeting Matthew I. Wilcut, Legal Aid of NC, Durham, Section Chair, Presiding 4:30 Reception Hunter Galleria (until 6:00p) Indicates portion providing Substance Abuse/Mental Health credit Wednesday, November 15, :15a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions 9:00 Consumer Issues in North Carolina Anderson 10:00 Estate Planning Issues: Special Needs Liipfert 11:00 Break 11:15 Student Loans: Overview and Repayment Options Pikler 12:15p Networking Lunch (included at Live program only) 1:00 Physical Disability Evaluation Ottinger and Quist 2:00 Military Lease Termination Archer 3:00 Break 3:15 NC State Bar Disciplinary Process* McLaughlin 4:15 Adjourn * Indicates portion providing Ethics/Professional Responsibility credit LIVE TUITION #678MLC Registration must be received by November 7 for Early Bird Discount. Registration Type Early Regular NCBA MV Section Member $280 $350 NCBA Member $395 $465 NCBA Paralegal Division Member $245 $315 Non-Member $465 $535 Full-Time LANC Attorney (NCBA Member) $ tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Scholarships are available to the first 80 qualifying registrants. Contact the CLE Department at for details.. LIVE WEBCAST TUITION #678LWC Early Bird rate does not apply. NCBA MV Section Member $470 NCBA Member $490 NCBA Paralegal Division Member $340 Non-Member $560 Full-Time LANC Attorney (NCBA Member) $305 Active-Duty Military N/A 12 tokens PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit See order form insert or call to register. 13

14 A Look into the Future: Strategic Planning for a Sustainable Long-Term Practice and Retirement Live (#712TLC) Thursday, November 16, 2017 NC Bar Center, Cary CLE Credit: 3.0 Hours, includes 1.0 Hour Substance Abuse/Mental Health Planned by the NCBA Transitioning Lawyers Commission SUMMARY Too many lawyers find themselves approaching the end of their careers trapped by choices they made when they were younger. Younger lawyers could learn a lot from the remarks of their seniors: I don t know if I can stand another day of this. I d walk out tomorrow, but I just don t know what I d do with myself. I can t afford to retire. What if I live to be 90? I d outlive my savings way before that. I m having fun. I m happy just to keep working forever. This program is designed for attorneys at all stages and ages, especially mid-career attorneys who have the opportunity to strategically chart their own course toward retirement. These planning skills learned are also useful as we advise clients on retirement and succession planning. Whether just entering the workforce or in mid-career we all need to learn to take care of the retired lawyer we will be someday. PLANNERS Edward G. Connette, Essex Richards PA, Charlotte Mark A. Scruggs, Lawyers Mutual Liability Insurance Company of North Carolina, Cary SPEAKERS Suzanne Brown, Suzanne Brown Resources PLLC, Chapel Hill Sean F. Doyle, Ortiz & Schick PLLC, Raleigh Margaret M. Hunt, Brevard Mark M. Scruggs, Lawyers Mutual Liability Insurance Company of North Carolina, Cary Laura L. Yaeger, Charlotte HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM AGENDA Thursday, November 16, :00p Registration and Networking Lunch 1:00 Welcome, Announcements and Introductions Scruggs 1:15 We re Still Having Fun: Continuing to Practice Into Your 70s and Beyond Hunt 2:00 Taking Care of the Older Lawyer You re Going to be Someday Brown 3:00 Afternoon Break 3:15 Financial Planning for Retirement Yaeger 3:45 Life Reimagined: Assuring a Creative Retirement with Meaning and Engagement Doyle 4:30 Adjourn Indicates portion providing Substance Abuse/Mental Health credit LIVE TUITION #712TLC Registration must be received by November 9 for Early Bird Discount. Registration Type Early Regular NCBA Member $130 $170 NCBA Paralegal Division Member $90 $130 Non-Member $170 $210 Full-Time LANC Attorney (NCBA Member) $90 1st Year Licensed in NC (NCBA Member) $99 3 tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 PROGRAM DETAILS & UPDATES For the most up-to-date program information, including the complete agenda, please visit BOOK RECOMMENDATION Turning Out the Lights: Planning for Closing Your Law Practice, Third Edition Editors: William E. Rabil Jr. and Mark Scruggs The reality is that any attorney at any age can be faced with the need to close a law practice with little or no warning, regardless of cause. This comprehensive procedural guide discusses the logistics of closing a law practice, explores the relatively recent concept of law firm marketability, offers suggestions for planning a sabbatical or an extended absence, and provides useful forms, form letters and checklists. Visit or call for more information NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

15 The Only Constant is Change: 2017 Legislative, Executive and Judicial Updates Live (#731LRP) and Live Webcast (#731LWC) Thursday Friday, November 16 17, 2017 NC Bar Center, Cary CLE Credit: 9.0 Hours Planned by the NCBA Administrative Law, Environment, Energy & Natural Resources Law and Government & Public Sector Sections SUMMARY Three NCBA sections combine their expertise to provide updates and answers to questions regarding 2017 legislative actions and related cases. Learn what the General Assembly changed in clarifying or expanding its power vis-à-vis the governor and executive branch agencies, the judiciary and judicial system, and local governments. Review the practical effects of those legislative changes and how the judicial and executive branches and local governments are responding. Hear what the General Assembly has (or has not) changed with regard to health law, environmental and natural resources law, occupational licensing, and state and local government. PLANNERS Stanford D. Baird, K&L Gates LLP, Raleigh Nicolette Fulton, Raleigh City Attorney s Office, Raleigh Brandon W. Leebrick, Ott Cone & Redpath PA, Greensboro Frederick A. Moreno, North Carolina Real Estate Commission, Raleigh Ann B. Wall, North Carolina Department of the Secretary of State, Raleigh SPEAKERS Former Justice Robert H. Edmunds Jr., Smith Moore Leatherwood LLP, Greensboro Former Justice Robert F. Orr, Robert F. Orr PLLC, Raleigh Former Chief Court of Appeals Judge Sidney S. Eagles Jr., Smith Moore Leatherwood, Raleigh Judge Martha A. Geer, Cohen Milstein Sellers & Toll PLLC, Raleigh Judge J. Douglas McCullough, Emergency Judge, Court of Appeals and Superior Court, Atlantic Beach Hurshell E. Chip Baggett Jr., North Carolina Medical Society, Raleigh Jeffrey F. Cherry, North Carolina General Assembly, Raleigh Gerry F. Cohen, Nelson Mullins Riley & Scarborough, Raleigh Robin T. Currin, City Attorney s Office, Asheville Andrew H. Erteschik, Poyner Spruill LLP, Raleigh S. Ellis Hankins, The Mercer Group, Inc., Raleigh M. Jackson Nichols, Nichols Choi & Lee PLLC, Raleigh Paul Stam, Stam Law Firm PLLC, Apex R. Bruce Thompson, Parker Poe Adams & Bernstein LLP, Raleigh Curtis B. Venable, Ott Cone & Redpath PA, Asheville Kelly Whitlock, City Attorney s Office, Asheville HOTEL INFORMATION Please see Cary hotel recommendations on page 26. PROGRAM DETAILS & VIDEO REPLAYS For the most up-to-date program information, including the complete agenda and a list of video replay locations, please visit PROGRAM AGENDA Thursday, November 16, :30p Registration 1:10 Welcome and Introductions 1:15 Overview of Legislative Session Thompson 2:00 Health Law Legislative Developments Baggett and Venable 2:45 Break 3:00 Environmental Legislative Developments Cherry 3:45 APA and Occupational Licensing Changes Nichols 4:30 Adjourn 4:30 Reception TBD Friday, November 17, :15a Registration and Continental Breakfast (included at Live program only) 8:55 Welcome and Introductions 9:00 Changes to the Courts/AOC Update Justice Edmunds, Judge Eagles, Judge Geer and Judge McCullough 10:00 Elections Legislative Developments Cohen 11:00 Break 11:15 Local Government Legislative Developments Currin and Whitlock 12:45p Networking Lunch (included at Live program only) 1:30 Reexamining Checks and Balances: Legislative Changes to State and Local Government Justice Orr, Erteschik, Hankins and Stam 3:00 Break 3:15 State Government Legislative Developments TBD 4:15 Adjourn LIVE TUITION #731LRP Registration must be received by November 9 for Early Bird Discount. Registration Type Early Regular NCBA AL, EENR and GOV Section Members $285 $345 NCBA Member $305 $365 NCBA Paralegal Division Member $195 $255 Non-Member $365 $425 Full-Time LANC Attorney (NCBA Member) $195 1st Year Licensed in NC (NCBA Member) $198 9 tokens The following categories do not include MCLE fees. Judge (NCBA Member) $75 Clerk of Court (NCBA Member) $75 Law Professor (NCBA Member) $75 Law Student Division Member $25 Paralegal Division Student Member $25 LIVE WEBCAST TUITION #731LWC Early Bird rate does not apply. NCBA AL, EENR and GOV Section Members $370 NCBA Member $390 NCBA Paralegal Division Member $280 Non-Member $450 Full-Time LANC Attorney (NCBA Member) $220 1st Year Licensed in NC (NCBA Member) $223 9 tokens See order form insert or call to register. 15

16 Live Webcasts View live CLE programs from anywhere with an Internet connection Live Webcast Program Details PROGRAM MATERIALS Download and print at your convenience. INTERACTIVE the speaker questions at your convenience. WHAT YOU NEED A computer with sound capability. When you register online, your computer will automatically undergo a diagnostic test. If you need additional software, instructions are provided for a free download. CERTIFICATE OF ATTENDANCE The NCBA will automatically report your credit to the North Carolina State Bar and pay the requisite fees on your behalf. CLE CREDIT You will receive credit only for the portion of the program watched. A partial credit form will be provided electronically. Live Webcasts do not count toward the annual hour limit for computer-based MCLE. TO REGISTER Visit and click on Live From Your Device. October Webcasts Skills Necessary for Representing Your Clients Real Estate Needs: 2017 Real Property Practical Skills Course #641LWC Thursday Friday, October 5 6, 2017, 8:25a 4:15p (Thu.) and 8:25a 3:45p (Fri.) CLE Credit: 12.5 Hours, includes 1.5 Hours Ethics/ Professional Responsibility Qualifies for North Carolina State Bar Real Property Specialization credit For more information, see page 3. The Age of Solar Energy Development in NC: Sunrise or Sunset #741SEW Tuesday, October 10, 2017, 12:00 1:00p NCBA Member: $70 Non-Member: $90 : 1 token The recent decisions by the North Carolina Utilities Commission in its biennial avoided cost docket, E-100 Sub 148 and in recent complaint proceedings brought against Duke Energy Carolinas and Duke Energy Progress regarding their interconnection policies, along with legislation in this session of the North Carolina General Assembly has helped clarify whether the sun on the horizon is setting or rising for solar energy development in North Carolina. This CLE describes and analyzes those recent developments and their implications for all attorneys handling real estate, regulatory, financing or acquisition matters for the solar energy industry in North Carolina. What to Expect When You Are Expecting to Practice Workers Compensation (2017 Basics of Workers Compensation Program) #725LWC Friday, October 13, :55a 4:30p CLE Credit: 6.25 Hours, includes 1.0 Hour Ethics/ Professional Responsibility Qualifies for North Carolina State Bar Workers Compensation Specialization credit For more information, see page 6. NCBA 2017 Annual Review #663LWC Thursday Friday, October 19 20, :55a 4:15p CLE Credit: 12.0 Hours, includes 2.0 Hours Ethics/ Professional Responsibility and 1.0 Hour Substance Abuse/ Mental Health For more information, see page 8. Professionalism for New Attorneys (PNA) Day 1 Only #664LWC Wednesday, October 25, 2017, 8:55a 4:30p CLE Credit: 6.0 Hours, includes 5.0 Hours Ethics/ Professional Responsibility and 1.0 Hour Substance Abuse/ Mental Health For more information, see page Basics of Elder & Special Needs Law #625LWC Friday, October 27, 2017, 8:15a 4:45p CLE Credit: 7.0 Hour, including 1.0 Hour Substance Abuse/ Mental Health Qualifies for North Carolina State Bar Elder Law Specialization credit For more information, see page 10. November Webcasts Power of Attorney: 2018 North Carolina Uniform Power of Attorney Act #743LWC Friday, November 3, 2017, 8:00a 4:15p CLE Credit: 6.5 Hours For more information, see page NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

17 (November Webcasts, continued from page 16) 2017 Basics of Franchise Law #679BFL Friday, November 10, 2017, 8:55a 4:30p CLE Credit: 6.25 Hours, includes 1.0 Hour Ethics/ Professional Responsibility BL Section Member: $290 NCBA Member: $310 Non-Member: $360 PD Member: $230 Passport: 6 tokens Fourteen percent (14%) of North Carolinians are employed in franchise business with an $18 billion impact on the state s economy. This CLE is designed to help North Carolina attorneys be prepared to respond to the common issues they face with clients involved in franchising. Learn how franchising impacts North Carolina s economy. Learn about federal, state and international laws governing franchise and business opportunity relationships. Learn practical skills for advising and counseling franchisees. Learn how franchisors and franchisees approach franchise-related disputes. Receive updates on important NLRB and other judicial decisions Military & Veterans Law Section Annual Meeting and CLE on Legal Assistance for Military Personnel #678LWC Tuesday Wednesday, November 14 15, 2017, 8:55a 4:15p CLE Credit: 12.0 Hours, includes 1.0 Hour Ethics/ Professional Responsibility and 1.0 Hour Substance Abuse/ Mental Health For more information, see page 13. The Only Constant is Change (2017 Legislative, Executive and Judicial Updates) #731LWC Thursday Friday, November 16 17, 2017, 1:10 4:30p (Thu.) and 8:55a 4:15p (Fri.) CLE Credit: 9.0 Hours For more information, see page ACLEA Award Winner How To Try Your Case Like a Professional: Tips & Procedures for the Relatively New Trial Lawyer Author: Christopher L. Parrish Within the pages of this fundamental resource, the author shares more than 60 invaluable tips and provides insight into real-world courtroom procedures in NC. This wealth of practical knowledge a culmination of nearly two decades of litigation experience and more than 80 jury trials is sure to benefit any relatively new trial lawyer. Visit for more information and to order. S A NC BAR ASSOCIATION BIANNUAL BOOK SALE L E October % OFF ENTIRE CATALOG including new releases!* * excludes NC Child Support Calculator subscription See order form insert or call to register. 17

18 Webinars Webinar Program Details WHAT IS A WEBINAR? Webinars are live, interactive CLE Programs of timely subjects that are conducted over the Internet on your home or office computer. Both the video and audio portions of the program stream live. Participation in a CLE webinar does not count against the annual hour limit for online CLE. WHY WOULD I WANT TO REGISTER FOR A WEBINAR? Convenience! Stay current on law, practice issues and emerging technology without leaving your office. WILL I BE ABLE TO ASK QUESTIONS? Yes! During the webinar, participants submit questions to the speakers via that are answered during or at the very end of the program. HOW DO I CONNECT TO A WEBINAR? Connection requires a computer and Internet access. After you register for a program, you are ed login instructions and an Internet address to access before the program. To download program materials, visit the Internet address provided to you via . You must download the materials before the program. North Carolina Administrative Office of the Courts Training Webinars efiling in North Carolina NCAOC Training #624E94 Tuesday, October 10, 2017, 12:00 1:00p Attorney: $90 Paralegal: $90 Note: efiling tuition includes MCLE/CPE credit and one attorney efile account. efiling in North Carolina NCAOC Training #624E95 Tuesday, November 14, 2017, 12:00 1:00p Attorney: $90 Paralegal: $90 Note: efiling tuition includes MCLE/CPE credit and one attorney efile account. MesaCLE Webinars The North Carolina Bar Association has partnered with MesaCLE, a premier continuing legal education provider, to bring you unique CLE offerings. MesaCLE Webinars are convenient (watch from the convenience of your home or office), engaging (laugh while you learn from the nation s best presenters), mobile (use your tablet or mobile device to watch while on-the-go) and timely (webinars scheduled around your busy schedule). Many of these programs will help you meet your ethics/professional responsibility requirement. Fantasy Supreme Court League: The 2017 Season Monday, October 2, 2017, 1:00 3:00p CLE Credit: 2.0 Hours NCBA Member: $140 Non-Member: $180 If You Can t Say Something Nice, Shut Up!: The Ethycal Imperative for Civility Tuesday, October 10, 2017, 1:00 2:00p Ethics/Professional Responsibility NCBA Member: $70 Non-Member: $90 The 2017 Ethy Awards Saturday, October 21, 2017, 11:00a 1:00p CLE Credit: 2.0 Hours Ethics/Professional Responsibility NCBA Member: $140 Non-Member: $180 Don t Be an Outlaw: The Ethycal Imperative to Follow the Law Wednesday, October 25, 2017, 1:00 2:00p Ethics/Professional Responsibility NCBA Member: $70 Non-Member: $90 A Nightmare on Ethics Street: Don t Fall Asleep on Your Ethical Obligations Tuesday, October 31, 2017, 2:00 3:00p Ethics/Professional Responsibility NCBA Member: $70 Non-Member: $90 October and November MesaCLE webinar options are posted as soon as they are available. For a list of all current MesaCLE webinar options, including program details and registration, please visit You ve been UPGRADED Space for YOU VE BEEN UPGRADED ad FIRST CLASS You now enjoy first-class picture and sound in the NCBA auditorium, plus updated conference room technology for your CLEs and meetings NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

19 On Demand Programs More than a thousand CLEs in all practice areas to attend anytime, anywhere. Watch these prerecorded programs at your convenience from your computer or mobile device. To see more and register, visit and click on On Demand Courses. On Demand Program Details WHAT IS AN ON DEMAND PROGRAM? On Demand CLEs are adapted from our awardwinning live programs and allow you to deepen your knowledge and earn MCLE hours anytime and anywhere. They are prerecorded CLE programs that span between 30 to 90 minutes. In addition to course audio/video, you ll have access to the presentation materials and program manuscript. On Demand programs are treated as computer-based self-study for MCLE purposes. You may take up to six hours of your annual MCLE requirement in these programs per North Carolina State Bar Guidelines. WILL I BE ABLE TO ASK QUESTIONS? Yes! You will be able to questions to the speaker but since these programs are not live, answers will not be supplied in real time. HOW DO I CONNECT TO AN ON DEMAND CLE? Connection requires a computer and Internet access. Once you ve selected your On Demand program from the course catalog and walked through the cart process to purchase this program, you can access your On Demand CLE in My Courses. From the My Courses tab, click on the program title and click Launch. After purchase, you have 90 days to access the program. To register for any On Demand program, visit and click on On Demand Courses. Pick of the Month North Carolina Statutes and Case Law Interpretations of Daily Fantasy Sports (DFS) #578CY6 CLE Credit: 0.75 Hour NCBA Member: $50 Non-Member: $55 Law Student Division Member: $25 : 1 token With fantasy football in full swing, your friends, family and clients may wonder about the legal implications of engaging in a weekly betting pool. Whether you play for pride, prizes or cash, your league needs to understand the rules to avoid a foul play, and to take your team to the end zone. This session considers how existing North Carolina statutes and case law might be interpreted on the issue of whether daily fantasy sports constitute illegal games of chance. Featured Programs The Art of War: Practical Cross Examination for Litigators #659CYB NCBA Member: $60 Non-Member: $65 Law Student Division Member: $25 : 1 token Is the best offense a good defense? A good cross examination is nuanced, responsive and agile. In this session, explore the history, origin and law of cross examination and learn the applicable Rules of Evidence. This program addresses best models for cross examination and provides some practice pointers for jury selection. Attendees also receive information regarding ethical issues that can arise from the use of social media in litigation. Alternative Dispute Resolution for Family Law #539C20 CLE Credit: 0.75 Hour NCBA Member: $50 Non-Member: $55 Law Student Division Member: $25 : 1 token Every lawyer should be familiar with the principle of zealous advocacy. Consider that what constitutes zealous and effective advocacy for one client may not be the same for another client, particularly in family law cases where the parties are commonly going to have contact with each other long after the case has ended. Zealous does not mean taking a scorched-earth approach, particularly in family law cases. Once a family law case is filed, by statute, matters of child custody and property division are first subject to Alternative Dispute Resolution (most likely mediation) before trial. When done properly, ADR is a means of achieving a satisfactory and efficient outcome. In this session, learn State requirements for custody and property claims, mediation (custody v. private), arbitration and the Family Law Arbitration Act, use of a referee, and collaborative practice. See order form insert or call to register. 19

20 Do the Right Thing: Building Diversity and Inclusion Within Your Corporate Legal Team #582CY4 CLE Credit: 0.75 Hour Ethics/Professional Responsibility NCBA Member: $50 Non-Member: $55 Law Student Division Member: $25 : 1 token Diversity is good business. Building a diverse legal team in a corporate environment can have positive impacts on your deliverables, as well as make you a more attractive business partner for other organizations. Corporate attorneys are often required to maintain a broad practice with the expectation that they maintain expertise across diverse areas of law and business. Use your need for practice area diversity as an opportunity to build gender and racial diversity, too. Ethics and Your Criminal Law Practice #600CY3 Ethics/Professional Responsibility NCBA Member: $60 Non-Member: $65 Law Student Division Member: $25 : 1 token Your criminal law practice has enough hearings planned without you having to make an appearance before the State Bar. Don t run afoul of the Rules of Professional Conduct while representing your clients. In this session hear from a panel of speakers who discuss recent cases from North Carolina and across the country involving ethical questions in criminal practice from the perspective of the bench, the prosecution and the defense. Get insights into ethics opinions released by the North Carolina State Bar in the last few years, social media issues, changing counsel, discovery and current real-life situations DWI Update #600CYB NCBA Member: $60 Non-Member: $65 Law Student Division Member: $25 : 1 token A DWI practice is frequently shaped by 4th Amendment and evidentiary issues from across the country. Search, seizure, evidence and probable cause case law continues to evolve in North Carolina and throughout the United States. Find out how Birchfield v. North Dakota is likely to play out in the Tar Heel State, understand the impact of Rodriguez v. United States and its progeny on the extension of traffic stops, learn whether State v. Ashworth will cause courts to scrutinize checkpoints more carefully, and discover the admissibility standards for HGN testimony following State v. Godwin. Good Governance for Nonprofits #594CYB CLE Credit: 0.5 Hour NCBA Member: $40 Non-Member: $45 Law Student Division Member: $25 : 1 token Boards of directors play a critical role in the success of nonprofit organizations. Board members who understand and embrace basic principles of good governance help nonprofits gain credibility, provide access to community resources and serve as effective advocates. Nonprofits that lack strong board leadership often languish, or worse, find themselves the subject of media or governmental inquiry. During this session, Dianne Bailey offers tools to minimize your personal exposure to liability as a volunteer leader and leverage your skills as an attorney to realize your favorite nonprofit s mission. Social Security Disability Law: A Primer for Practitioners #681CY3 NCBA Member: $60 Non-Member: $65 Law Student Division Member: $25 : 1 token Your disability practice may need some rehabilitation. This On Demand hour is a remedy for impairments in your knowledge base. Use this primer as the instructional therapy and get your Social Security and disability law practice back to work for your clients. This session provides an in-depth discussion on Social Security disability law topics such as definitions and qualifications for disability, the process from application to appeal, SSI versus SSDI, retirement and private disability, coordination of benefits, and frequent problems/issues. Recent Changes to Rule 26: Combating Evasive Discovery Tactics #674CY2 NCBA Member: $60 Non-Member: $65 Law Student Division Member: $25 : 1 token When preparing for a trial, the opposing counsel can take zealous advocacy too far. What do you do when your requests for discovery are treated with contempt or outright refusal? What are your tools as an advocate for your client and what can you do to compel compliance with a request? Rule 26(b)(4) governs the procedure for expert witness discovery. The rule was recently amended and is applicable to actions filed on or after October 1, The amendments govern the disclosure, discovery and payment of expert witnesses. They also provide trial preparation protections for draft expert witness reports or disclosures, and communications between a party s attorney and her expert witness. Addressed are: Rule 26(b)(4)a.3. Disclosure through interrogatory answers Rule 26(b)(4)a.2. Option to disclose expert report Rule 26(b)(4)b.1. Depositions of testifying experts Rule 26(b)(4)d. Trial preparation protection for draft reports of testifying experts Rule 26(b)(4)a.3. Trial preparation protection for consulting experts Rule 26(b)(4)e. Trial preparation protection for communications between an attorney and her testifying experts Rule 26(b)(4)c. Payment of experts The session also addresses amendments to Rule 26 that took effect on October 1, 2011, and other civil procedure rules related to combating evasive discovery tactics. Litigating Estate and Trust Cases Before the Clerk #564CY8 NCBA Member: $60 Non-Member: $65 Law Student Division Member: $25 : 1 token Taking a trusts and estates matter before the clerk can mean that you are managing sensitive issues, with clients in a potentially difficult time. Adeptly navigating the convergence of litigation and estate planning practice areas will be essential for competent representation and satisfied clients. Join John Hutson as he provides an overview of estate and trust proceedings before the clerk as well as special proceedings arising out of estates. Other topics include solemn form probate, living probate, jurisdiction in guardianship cases, guardianship hearings, and partition of real and personal property NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

21 phone Phone/Audio Streaming Programs Phone/Audio Streaming Program Details CLE CREDIT: 1.0 Hour for each program** TIME: See individual program information. TUITION: $80 per program **Co-sponsored with WebCredenza WHAT IS A PHONE/AUDIO STREAMING PROGRAM? Phone Programs are LIVE, interactive audio discussions of timely subjects that you can receive in your office, your home or wherever you can place a phone call or have access to the Internet. Because Phone/Audio Streaming Programs are live for State Bar MCLE purposes, there is no limit on the number of Phone/Audio Streaming Programs you may take per year. WHY WOULD I WANT TO REGISTER FOR A PHONE/AUDIO STREAMING PROGRAM? Convenience! Stay current on law and practice issues without leaving your office. Phone/Audio Streaming Programs save you time and travel. WILL I BE ABLE TO ASK QUESTIONS? Phone participants will be prompted to ask questions of the faculty at the conclusion of the program. Streaming participants can post questions at anytime during the program. They will be addressed by the moderator before signing off. HOW DO I CONNECT WITH A PHONE/AUDIO STREAMING PROGRAM? Calling in: Use any phone. After you register for a program, you will be provided a special toll-free number to call on the day of the program. When you call the number, you will be connected to the program. Your callin information and instructions will be available in your online learning account at Once logged in, click on My Classroom, then the My Courses tab and find the program title you are attending. Audio Streaming: Use any device that has access to the Internet. On the day of the program log into the NCBA CLE Online Learning Center at (click Log In located in the top right corner). Once logged in, click Your Classroom and find the program title you are attending. Click Launch Web Event button and a new window will open your audio streaming screen. October Phone/Audio Streaming Programs Sophisticated Gift Tax Planning #636TWC Tuesday, October 3, 2017, 1:00 2:00p Gifting strategies lie at the heart of many medium-sized estates. It is an efficient mechanism for transferring cash or other property without consuming a client s exemption amount. This program goes beyond basic forms of gifting strategies to more sophisticated techniques, including for retirement benefits, using insurance policies and other financial products. Real Estate Finance Part 1 Live Replay from August 16, 2016 #636TW2 Wednesday, October 4, 2017, 1:00 2:00p This program provides you with a real-world guide to the new world of real estate finance. The program covers debt financing (including the current expectations of lenders), sources and forms of equity financing, documenting financing arrangements, and joint ventures as a form of financing. Real Estate Finance Part 2 Live Replay from August 17, 2016 #636TW3 Thursday, October 5, 2017, 1:00 2:00p This program provides you with a real-world guide to the new world of real estate finance. The program covers debt financing (including the current expectations of lenders), sources and forms of equity financing, documenting financing arrangements, and joint ventures as a form of financing. Ethics, Disqualification and Sanctions in Litigation #636TW4 Friday, October 6, 2017, 1:00 2:00p Ethics/Professional Responsibility This program discusses the interrelationship of attorney ethics rules to disqualifications from representing clients in certain matters, and how the disqualification may result in ethical sanctions. The program also covers how ethical claims are improperly used to impact litigation and the ethical risks of those improper claims. Estate Planning for Second Marriages #636TW5 Tuesday, October 10, 2017, 1:00 2:00p Clients who have had two or more marriages are no longer the exception. It may not be the rule, but it is commonplace. These clients have special estate planning needs, including how to treat former spouses with vested interests, children from prior marriages, stepchildren in new marriages, existence of marital agreements and trusts, elective share planning, and more. This program provides a practical guide to estate and trust planning for clients who have had multiple marriages. See order form insert or call to register. 21

22 Drafting Purchase and Sale Contracts: Delivery, Payment, Remedy and More #636TW6 Wednesday, October 11, 2017, 1:00 2:00p This program discusses drafting the purchase and sale of goods agreements the most common form of commercial agreement, but one whose complex provisions are overlooked as boilerplate. The program covers quality assurance, delivery and other performance, remedies, and compliance with the UCC. Sales of Family Businesses: An Interdisciplinary Approach Part 1 Live Replay from August 24, 2016 #636TW7 Thursday, October 12, 2017, 1:00 2:00p This program covers the business planning and estate planning aspects of selling and inheriting family businesses. Topics cover the distinctive elements of family businesses including sales to third parties, seller financing, major tax and estate planning issues, and much more. Sales of Family Businesses: An Interdisciplinary Approach Part 2 Live Replay from August 25, 2016 #636TW8 Friday, October 13, 2017, 1:00 2:00p This program covers the business planning and estate planning aspects of selling and inheriting family businesses. Topics cover the distinctive elements of family businesses including sales to third parties, seller financing, major tax and estate planning issues, and much more. Ethics in Negotiations Live Replay from February 23, 2017 #636TW9 Monday, October 16, 2017, 1:00 2:00p Ethics/Professional Responsibility Virtually every communication a lawyer makes on behalf of a client is a negotiation. This is equally true of communications in litigation with opposing counsel as it is in a transactional negotiation. There s an indistinct line between ethical propriety and going too far and between permissible puffing or boasting and outright (thus unethical) deceit. This program discusses the many shadings of gray when attorneys engage in negotiations. Post-Closing Liability in Real Estate: Tagging the Seller, Protecting the Buyer #636T10 Tuesday, October 17, 2017, 1:00 2:00p A real estate transaction isn t finished after it closes. Operative agreements can, and frequently do, provide for post-closing transfers of money on the occurrence of certain events. This program provides a detailed guide to post-closing liability for the parties to a real estate transaction, including breach of reps and warranties, escrow holdbacks, and related issues. Raising Capital: Private Placement Agreements for Closely Held Companies Part 1 #636T11 Wednesday, October 18, 2017, 1:00 2:00p Private placement of equity and debt is essential to financing the growth and development of businesses of every size. Whenever a client issues stock or other ownership interests in a C Corp, S Corp, or LLC, they are subject to a complex network of federal and state securities regulations. This program provides a practical guide to the fundamentals of private placements, including types, dollar amounts and investor limitations under securities law, drafting the relevant documents, accessing the capital market, and successful placements. Raising Capital: Private Placement Agreements for Closely Held Companies Part 2 #636T12 Thursday, October 19, 2017, 1:00 2:00p Private placement of equity and debt is essential to financing the growth and development of businesses of every size. Whenever a client issues stock or other ownership interests in a C Corp, S Corp, or LLC, they are subject to a complex network of federal and state securities regulations. This program provides a practical guide to the fundamentals of private placements, including types, dollar amounts and investor limitations under securities law, drafting the relevant documents, accessing the capital market, and successful placements. Ethics and Client Money: Trust Funds, Setoffs and Retainers #636T13 Friday, October 20, 2017, 1:00 2:00p Ethics/Professional Responsibility This program covers major ethical issues when attorneys receive or disburse client money such as trust fund accounting, pre-payment of expenses, the setoff of unpaid expenses against clients funds obtained in a judgment against a third party, the receipt and charge off of retainers, the disbursement of client property held in trust in estate administration, and much more. Real Estate Development Agreements Part 1 Live Replay from February 21, 2017 #636T14 Monday, October 23, 2017, 1:00 2:00p This program provides a guide to structuring and drafting real estate development agreements. These complex agreements involving lenders, investors, contractors and developers must be carefully structured to anticipate delays and other setbacks, and to reallocate risk. This program covers stages of development, the expectations and interests of each set of parties, and documenting the series of transactions that go into development. Real Estate Development Agreements Part 2 Live Replay from February 22, 2017 #636T15 Tuesday, October 24, 2017, 1:00 2:00p This program provides a guide to structuring and drafting real estate development agreements. These complex agreements involving lenders, investors, contractors and developers must be carefully structured to anticipate delays and other setbacks, and to reallocate risk. This program covers stages of development, the expectations and interests of each set of parties, and documenting the series of transactions that go into development. (Phone/Audio Programs continued on page 23) See our Travel Program opportunities on page NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

23 Drafting Contract Remedies #636T16 Wednesday, October 25, 2017, 1:00 2:00p This program provides a framework of alternatives when drafting remedies into contracts commercial, real estate and business. It covers the process of defining triggering events and breaches, drafting the scope of the breach, and the type of remedies available, including actual and consequential damages. The program also discusses the use of liquidated damages. Planning with the Generation Skipping Transfer Tax Part 1 #636T17 Thursday, October 26, 2017, 1:00 2:00p This program discusses recent changes to the Generation Skipping Transfer Tax and covers practical strategies for minimizing the application of the tax. It details the use of dynasty trusts and HEET Trusts, advanced techniques to maximize the GST exemption, avoiding reporting pitfalls in Form 709, and more. Planning with the Generation Skipping Transfer Tax Part 2 #636T18 Friday, October 27, 2017, 1:00 2:00p This program discusses recent changes to the Generation Skipping Transfer Tax and covers practical strategies for minimizing the application of the tax. It details the use of dynasty trusts and HEET Trusts, advanced techniques to maximize the GST exemption, avoiding reporting pitfalls in Form 709, and more. Ethics and Cloud Computing Live Replay from October 21, 2016 #636T19 Monday, October 30, 2017, 1:00 2:00p Ethics/Professional Responsibility The cloud now stores most digital files, whether lawyers or clients realize it. Shared servers host sensitive legal files in ways that would have been unimaginable even in recent years. This program discusses the significant legal issues that arise when lawyers knowingly or not allow client files to be stored in the cloud and on shared servers, the related security issues, and important steps all attorneys must take to ensure the security and confidentiality of these files Americans with Disabilities Act (ADA) Update #636T20 Tuesday, October 31, 2017, 1:00 2:00p This annual program provides a thorough review of regulatory case law and enforcement developments under the Americans with Disabilities Act. The program broadly focuses on defining who is covered by the ADA, the requirements of reasonable accommodation, the impact of related federal and state legislation, and trends in EEOC ADA enforcement. Don t forget to check out the CLE Monthly Planner on pages November Phone/Audio Streaming Programs Drafting Employment Separation Agreements Live Replay from August 23, 2016 #637TWC Wednesday, November 1, 2017, 1:00 2:00p Managing the separation of an employee from a company is as fraught with liability as hiring an employee. This program provides you with a practical guide to negotiating, structuring, and drafting enforceable separation agreements with employees and managers. Among other topics, the program covers key components of a separation agreement, identifying risks of litigation and financial liability involved, drafting enforceable waivers, severance payments and commissions for sales employees, and non-solicitation, non-compete provisions. Drafting Lease Guarantees #637TW2 Thursday, November 2, 2017, 1:00 2:00p This program covers the major provisions of lease guarantees from the guaranteed party and the guarantor. The program covers duration, carve-outs and modifications on the satisfaction of certain benchmarks. The program also discusses common traps to be avoided by landlords and guarantors. Ethics for Transactional Lawyers #637TW3 Friday, November 3, 2017, 1:00 2:00p Ethics/Professional Responsibility This program provides a real-world guide to major ethical issues in transactional practice. Among other issues, the discussion covers identifying your client among partners or between an organization and its owner group, ethics when negotiating with unrepresented third parties, voluntary and mandatory disclosures when wrongdoing is discovered, issues when in-house counsel and outside counsel are involved in a matter, preserving the attorney-client privilege when representing an entity, issues in joint representations, and more Ethics in Civil Litigation Update Part 1 Live Replay from June 6, 2017 #637TW4 Monday, November 6, 2017, 1:00 2:00p Ethics/Professional Responsibility This annual program provides a broad-based discussion of attorney ethics issues affecting your civil litigation practice Ethics in Civil Litigation Update Part 2 Live Replay from June 7, 2017 #637TW5 Tuesday, November 7, 2017, 1:00 2:00p Ethics/Professional Responsibility This annual program provides a broad-based discussion of attorney ethics issues affecting your civil litigation practice. Drafting Trust Powers and Distribution Standards #637TW6 Wednesday, November 8, 2017, 1:00 2:00p This program covers trust powers and the drafting objective and enforceable distribution HEMS standards in trusts. The discussion includes examples of when a trustee should make a distribution of cash or property to beneficiaries, what standards should be used by a trustee in making these decisions, drafting health, education and maintenance standards, sources of dispute among trustees and beneficiaries, and fiduciary litigation. See order form insert or call to register. 23

24 LLC Operating Agreements: Drafting Management, Distribution and Tax Provisions Part 1 Live Replay from June 13, 2017 #637TW7 Thursday, November 9, 2017, 1:00 2:00p The program provides a guide to drafting major sections and provisions in LLC/partnership/LP operating agreements while using a form as the base for discussion. Capital contributions, management and voting rights, restrictions on transferability, distributions, liquidations, and major tax issues are covered. LLC Operating Agreements: Drafting Management, Distribution and Tax Provisions Part 2 Live Replay from June 14, 2017 #637TW8 Friday, November 10, 2017, 1:00 2:00p The program provides a guide to drafting major sections and provisions in LLC/partnership/LP operating agreements while using a form as the base for discussion. Capital contributions, management and voting rights, restrictions on transferability, distributions, liquidations, and major tax issues are covered. Ethics and Conflicts with Clients Part 1 #637TW9 Monday, November 13, 2017, 1:00 2:00p Ethics/Professional Responsibility This program discusses ethical issues in a wide range of circumstances in which attorneys find themselves in conflicts with their clients. Among other topics, the program covers gifts from clients, personal relationships with clients, going into business with clients, fee disputes with clients, settlement authority with clients and much more. Ethics and Conflicts with Clients Part 2 #637T10 Tuesday, November 14, 2017, 1:00 2:00p Ethics/Professional Responsibility This program discusses ethical issues in a wide range of circumstances in which attorneys find themselves in conflicts with their clients. Among other topics, the program covers gifts from clients, personal relationships with clients, going into business with clients, fee disputes with clients, settlement authority with clients and much more. UCC Issues in Real Estate #637T11 Wednesday, November 15, 2017, 1:00 2:00p UCC issues touch a range of real estate transactions from development and finance to leasing. There are complex issues and traps in drafting agreements to take security interests in the right type of collateral whether it now exists or is later developed ensuring priority over other types of claimants and related enforcement issues. There are also issues concerning the interrelationship of UCC Article 9 (secured transactions), UCC Article 3 (negotiable instruments), and UCC Article 5 (letters of credit). This program provides a practical guide to the range of UCC issues in real estate development, finance and leasing, and in real estate closings. Kicking and Screaming: Techniques to Squeeze Out Minority Stakes #637T12 Thursday, November 16, 2017, 1:00 2:00p This program examines how a company and its majority stakeholders can buy out perhaps squeeze out minority stakeholders in the enterprise. The program also discusses how planners can anticipate the need to squeeze out minority stakeholders and draft mechanisms to accomplish this in operative documents with the least disruption possible Ethics, Confidentiality and the Attorney-Client Privilege Update #637T13 Friday, November 17, 2017, 1:00 2:00p Ethics/Professional Responsibility This program reviews significant developments in the past 12 months impacting the creation and assertion of the attorneyclient privilege. Developments related to the work-product doctrine are also covered. Management and Information Control Issues in Closely Held Companies: Strategies, Conflicts and Drafting Considerations Live Replay from March 2, 2017 #637T14 Monday, November 20, 2017, 1:00 2:00p Allocating authority to make decisions and provide access to information about operations within closely held companies is vitally important and often highly negotiated. Investors view governance controls as the first line of defense in protecting their investments. Shareholders or members who are also managers want maximum flexibility to react to daily circumstances and opportunities, with only limited control by outside investors. This program provides a guide to drafting management and information controls in closely held companies. Planning for the Freeze: Trust and Estate Planning to Freeze Asset Values #637T15 Tuesday, November 21, 2017, 1:00 2:00p This program discusses sophisticated trust and estate planning techniques for freezing the value of client assets, including closely held or family-owned business. The program covers ways future asset appreciation and income can be transferred to heirs in order to achieve substantial tax savings and generate other benefits. Getting to Market: Sales and Distribution Agreements #637T16 Wednesday, November 22, 2017, 1:00 2:00p Sales agreements and distribution agreements are the two principal ways of selling goods and services on the marketplace. This program provides you with a basis for counseling your clients on the advantages and disadvantages of each model. It also examines the most important provisions of each agreement. Ethics in Billing and Collecting Fees Live Replay from February 17, 2017 #637T17 Friday, November 24, 2017, 1:00 2:00p Ethics/Professional Responsibility Every law practice is also a business. Timely billing and collecting fees is essential to the stability of a practice and the livelihood of its attorneys and staff. Unlike any other business, this essential financial aspect is governed by a host of ethics rules. This program discusses these rules as they apply to billing and collecting attorneys fees, common traps and sources of ethics sanction, and best practices NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN

25 Securities Issues in Closely Held Companies #637T18 Monday, November 27, 2017, 1:00 2:00p This program discusses the common areas in which securities laws apply to medium-sized and smaller businesses. Although these laws are often discussed in the context of major companies that are publicly traded, they apply equally to many of the common transactions of their private counterparts. Among other areas, this program discusses the issues that occur when a company raises new funds or solicits investors. Advanced Like-Kind Exchange Planning in Real Estate Part 1 #637T19 Tuesday, November 28, 2017, 1:00 2:00p With property values rising and more activity in the real estate market, there is renewed focus on the planning opportunities with like-kind exchanges. This program discusses advanced planning like-kind exchange techniques, including the use of trusts and single-member LLCs, deferred exchanges, exchanges with related properties, reverse exchanges, exchanges with overleveraged property, and more. Advanced Like-Kind Exchange Planning in Real Estate Part 2 #637T20 Wednesday, November 29, 2017, 1:00 2:00p With property values rising and more activity in the real estate market, there is renewed focus on the planning opportunities with like-kind exchanges. This program discusses advanced planning like-kind exchange techniques, including the use of trusts and single-member LLCs, deferred exchanges, exchanges with related properties, reverse exchanges, exchanges with overleveraged property, and more. Ethics and Artificial Intelligence in Law Practice Software and Tools Live Replay from May 31, 2017 #637T21 Thursday, November 30, 2017, 1:00 2:00p Ethics/Professional Responsibility Artificial intelligence and machine learning are at the heart of many software packages and other technologies lawyers may use to automate drafting of transactional contracts, estate planning documents, and pleadings. When lawyers use these forms of AI and machine learning, it raises substantial ethical issues touching the core of what is giving legal advice and service to clients. This program discusses these ethical issues and how they may expose lawyers to liability. BOOK OF THE MONTH Get a new release or bestseller each month for 20% off! Each monthly selection is featured and discounted in the North Carolina Bar Association CLE Bookstore. Watch for a new discounted title each month. NOVEMBER SELECTION North Carolina Real Property Forms Manual (Combined 2003/2011 Download) CONTRIBUTORS: Marc L. Isaacson Scott A. Schaaf Robert H. Sheppard Christopher J. Vaughn Garry M. Whaley This download contains over 400 sample contracts, affidavits, agreements and letters, and fillable real property forms that are an essential tool for every North Carolina real property practitioner to operate efficiently. With a wealth of examples at your fingertips at just the click of a mouse, you ll never have to waste valuable time searching for templates or creating forms from scratch ever again! Speakers Wanted: Tell Us What You Know NCBA hosts many webcasts throughout the year and we are looking for new speakers. If you have a one-hour, hot-topic CLE idea and are interested in sharing your expertise, us at askcle@ncbar.org. Visit ncbar.org/clebookstore or call for more information. See order form insert or call to register. 25

26 Hotel Information Blowing Rock HOLIDAY INN EXPRESS 8412 Valley Boulevard, Blowing Rock, NC Nightly Rates: $98.04 Thursday night $ Friday and Saturday nights Reservations: or Group Code: EG1 Cutoff Date: September 14, 2017 Senior Lawyers Division 2017 Fall Meeting and CLE. See page 5. Cary EMBASSY SUITES 201 Harrison Oaks Boulevard, Cary, NC Nightly Rate: $169 Includes evening manager s reception and full, cooked-to-order breakfast Reservations: or NCBA Corporate Account Special Rate Code: Please note: The rates may vary according to guest room availability. TOWNEPLACE SUITES BY MARRIOTT 120 Sage Commons Way, Cary, NC Nightly Rate: $114 studio queen with sleeper sofa (Sun. Thu.) Includes complimentary hot breakfast. All rooms come with a standard, fully equipped kitchen. Reservations: Ask for the NCBA rate. Charlotte The following are hotel suggestions in the Charlotte area. Room blocks have not been arranged for this program. THE DUNHILL HOTEL 237 North Tryon Street, Charlotte, NC ALOFT CHARLOTTE UPTOWN AT THE EPICENTRE 210 East Trade Street, Charlotte, NC HOLIDAY INN CHARLOTTE CENTER CITY 230 North College Street, Charlotte, NC Hot Topics for North Carolina Antitrust Lawyers and In-House Counsel (2017 Antitrust & Complex Business Disputes Law Program). See page 7 BECOME A CLE EVENT SPONSOR Contact Jennifer Shapiro, Sponsorship Development Coordinator, at or CLESponsorship@ncbar.org for information. Travel Programs Enjoy exciting travel opportunities and earn CLE credit at the same time. NOVEMBER 2017 Holy Land and Jordan Call for details. APRIL 22 MAY 9, 2018 South Africa, Zambia, Zimbabwe and Botswana ONLY FOUR SPACES REMAIN. Call for details. CLE programs are selected and posted approximately one month before travel departure. Contact Michael Weil at Magic Happens Travel and Cruises 1903 North Harrison Avenue, Suite #201, Cary, NC Local: Toll-free: Fax: travel@magichappens.com Website: NORTH CAROLINA BAR ASSOCIATION CLE BULLETIN