2023 NCBarBlog Author Spotlight: A Tapestry Of Posts From The Last Eight Years
Writing is like creating a beautiful tapestry. With each word, the author weaves in a new color to the fabric until the masterpiece is complete.
Imagine a tapestry in progress with thousands of threads, one that countless artisans work on together.
As more people begin to interweave the threads of their stories, the tapestry begins to take shape, offering a vibrant picture to all who see it.
We stand back and marvel at this new creation.
Writing is like a tapestry, and it is also like lighting a torch – one that remains bright throughout the years. The light of knowledge inspires those who see it.
Because each person has a different perspective to offer to the world, when one shares their experience and knowledge through writing, others can connect with that story, learn and grow.
While it brings joy and illumination to readers, writing is not easy. A writer may have spent hours or days considering ideas, thinking through the topic, arranging the order of points and pouring over each word.
By sharing one’s experiences in written form, a writer is creating a gift with care and time, one of the most precious gifts of all.
Over the past eight years, many NCBA members have served in this way – by volunteering their time to write a piece for NCBarBlog, and to contribute to the work of art that it is.
The result is a brilliant tapestry, and a bright light for all to see.
In 2023, because of the efforts of many volunteers, NCBarBlog reached a significant achievement: 2,000 blog posts have been published to date. To celebrate this milestone, we have curated a list of the most frequently accessed posts published over the last eight years.
The articles listed here are a small selection of the many excellent blog posts that have been written since the blog began in November 2015.
These pieces are examples of “evergreen” content, a term used to describe an article or post that will remain relevant long after it has been published. One defining characteristic is that evergreen pieces cover topics that are not time-sensitive. Rather, they address topics readers will pursue for years to come.
With no further ado, walk with us into the gallery of popular posts written over the last few years. Along the way, enter each writer’s workshop, where you can step inside and hear directly from the authors. Discover what inspired them, why their topic matters and how they see writing as an act of service to the NCBA community.
Editor’s note: We want to thank each member who has written a piece for their section, division or committee blog page. In this list, we highlight a small subset of pieces and members in different NCBA communities. Our process for selecting these posts was to look at the top thirty blog posts published over the last eight years – posts that received the highest number of page views and continue to be read. If you are interested in reading more about NCBarBlog post writers, see the NC Lawyer February 2022 issue, where we interviewed three blog post authors whose pieces were top performers in the 2021-22 bar year. If you would like to write a blog post for NCBarBlog, contact the Communications Chairs for your NCBA community or email [email protected].
Kerri L. Mast: Considering Earnings And Profits In S Corporations
Kerri L. Mast wrote S Corporations: Dealing with Accumulated Earnings and Profits, published on the Tax Law Section blog in 2019. Since that time, the post has received 17,000 views, the highest number of views of any blog post published on the NCBarBlog to date. Mast closely looks at important rules regarding taxes that S corporations should be aware of so as not to incur a tax penalty.
Mast opens the piece by comparing C corporations to S corporations, specifically focusing on to what extent each corporation is, or is not, taxed. While C corporations may incur two types of taxation, S corporations do not typically incur taxes. Shareholders in S corporations may earn income and deduction.
As she shares, with S corporations, it is possible for tax-free distributions to be made to shareholders, but there are nuances. She notices that “the taxation of distributions is more complicated if the S corporation has C corporation accumulated earnings and profits (E&P).” An S corporation can receive C corporation earnings and profits when a C corporation is converted to an S corporation, or when an S corporation acquires a C corporation. Mast explains, “S corporations that have accumulated E&P are required to maintain an accumulated adjustments account (“AAA”).” It is important to consider how distributions are treated within each type of corporation.
Kerri Mast is a Managing Director at Brown Brothers Harriman in Charlotte. She is a Fellow of the American College of Trust and Estate Counsel. She is a member of the North Carolina Bar Association’s Tax Law Section and Estate Planning & Fiduciary Law Section. She graduated from Emory University School of Law with honors and from Wake Forest University, where she received a B.A., cum laude, in psychology. She served on the NCBA Estate Planning & Fiduciary Law Section Council from 2020 to 2022.
How do you see writing about the law as a way of giving back to your NCBA community?
I feel very fortunate in my career and my practice. My work with clients is challenging and interesting. My work with colleagues is collaborative and collegial. For the past twenty years, I have gotten to build the type of practice I had always hoped to have.
I did not get here alone. I think of the many lawyers whose work has shaped my career – in formal and informal ways. In terms of NCBA service, for example, those who serve on the Legislative Committee refine our laws in a way that makes sense for North Carolinians. Those who serve on the CLE Committee provide meaningful educational content so lawyers can deepen their understanding or even expand their practice to new areas. Those who serve on the Pro Bono Committee ensure that those individuals in our communities who are in underserved populations get the representation they need. Informally, the lawyers in my network have joined me in informal discussions of an issue, responded to questions I have posed, and joined me in study groups that meet regularly.
All the above are ways that lawyers can give back to the NCBA community. Writing about the law is another way that lawyers can give back. It helps the lawyers who read it gain a greater understanding of an issue and puts them in a better position to serve their clients. It also creates an opportunity for dialogue. In the case of this article, several lawyers have reached out to me to discuss the issue.
How did you develop the idea for writing this piece?
The idea for this piece, which related to accumulated earnings and profits in an S corporation, originated organically out of a factual situation my client was facing. Most of my clients are owners of privately held businesses. When my clients are anticipating a transaction, we advise them on pre-sale planning strategies on both the business and personal sides. We also work to help them understand the tax implications of a transaction. Given that my work relates to both business and personal planning, there is a lot of variety in the issues I see.
As I worked through my client’s situation, I read the relevant primary sources. I also looked for helpful secondary sources but did not find many that were helpful in addressing this issue in a straightforward way. I figured if I was looking for this type of content, other lawyers might be looking for it, too. I already had done all the work to understand the issues, so writing the article was the easy part.
In what ways is it meaningful to learn that your piece has been frequently read and continues to draw interest?
I am thrilled! I am pleased to know that my efforts were relevant and, hopefully, helpful to other lawyers in their understanding of an issue. I believe in the collaborative nature of the practice of law. Sometimes, though, it can feel like each of us is practicing in a vacuum.
For twenty years, I have advised business owners and families of generational wealth. I started my career at a large law firm with a significant wealth transfer tax practice group, so I always had colleagues who were thinking about the kinds of issues that mattered to my clients. Every day, it seemed, I was wandering into a colleague’s office to discuss an issue and the possible ways to approach a solution. In my current role at Brown Brothers Harriman, I have wonderful colleagues across the country, but many of us are in different offices and we all work on different client matters. And, of course, with two decades of experience under my belt, I have less of a need to collaborate with other attorneys in order to reach the right result for my client. Sometimes I miss the sense of community that I felt early on in my career.
Writing content that is relevant for other lawyers is one of the ways we build community in the practice. It feels rewarding to know that my work may be helpful to another lawyer. And I love knowing that other lawyers are thinking about the kinds of issues that matter to my clients – even if they are in different cities or different firms.
Have you always enjoyed writing or did your interest grow over time?
I have always enjoyed writing. People process information in different ways and, for me, writing always has been the best way to organize my thoughts. This is the case whether I am trying to explain my thoughts to others or whether I simply am trying to improve my own understanding of an issue. So even if I am not submitting articles for publication, I often draft long memos for clients’ files.
I often write pieces that are intended for other lawyers, which I would describe as more technical. I enjoy writing technical content, as it forces you to have a deep understanding of an issue and to think through the implications on a client’s situation. It also is an opportunity to expand your understanding of issues you may not see frequently in your practice.
I also write pieces that are intended to be read by laypersons, including clients, who may want to understand an issue but may not want to read more technical content. I enjoy this kind of writing, as well. Many tax planning strategies are complex. It is important to me that my clients understand the recommendations that are being made. Providing a written overview of a technique and common considerations may help increase client understanding.
I enjoy writing and always have. And I enjoy reading, too. I read many of the articles published by the NCBA, including those that do not directly affect my practice.
Have there been any significant changes regarding the topic of this post that you would address in a follow-up?
There have not been significant changes in the law, but it is not unusual to see changes in the way deals are structured. This may be due to changes in the type of deal financing that is available, changes in incentive or talent retention strategies for management, or changes in the tax law, among others. So there always are new issues to consider.
The topic in this article related to accumulated earnings and profits. It was relevant in the context of a transaction whereby the target company was structured as a C corporation. It is not common to structure a closely held company as a C corporation, but it was done in this case because not all shareholders were qualified S corporation shareholders. Over time, the shareholders became qualified S corporation shareholders. In anticipation of a transaction, the company wanted to restructure as an S corporation. This restructuring created an issue around accumulated earnings and profits in the C corporation. This is not an issue I see every day, as many companies are structured as pass-through organizations at inception.
if I were to write a follow-up piece, I would write about issues we are seeing in current deal structures.
What suggestions do you have for an NCBA member who is interested in writing a blog post?
Do it! Here are three great reasons to write a blog post for the NCBA. First, you will increase your understanding of an issue, which puts you in a better place to serve your clients. Second, you may establish yourself as an expert on a particular issue, which could enhance your reputation in your practice area and could lead to client referrals. And, third, you are providing a terrific service to your colleagues in the NCBA.
If you are not sure what to write about, do not worry! That is the easy part. If you come across an issue in your practice and you are not sure of the answer, ask yourself this question, “Do all the other lawyers in my practice area know this?” If the answer is “no,” it could be a topic of interest for a blog post.
Michael Cohen: Defining The 30(b)(6) Deposition And Attorneys’ Duties When Using The Rule
Michael B. Cohen is the author of Law 101: Overview of the Rule 30(b)(6) Deposition, which was published on the Young Lawyers Division blog in 2018. This post received the second-highest number of views of all blog posts written since the blog began, 12,690 views, and it continues to be frequently accessed.
His post is a rewarding read for new attorneys and young lawyers, especially for those who are litigators.
In it, Cohen defines the 30(b)(6) deposition, a particular tool used in discovery. He concentrates on defining the rule, the duties of an attorney and the difference between this rule and that of a named witness.
He begins by defining the rule. He says, “depositions under Rule 30(b)(6) require that an organization designate and prepare an individual to testify as to all delineated information ‘known or reasonably available to the organization’ – not merely information personally known to the deponent – and offer testimony that is binding on the organization.” As he continues, he summarizes the benefits of the rule, as well as when and how it should be used.
Michael B. Cohen is an associate with Troutman Pepper in Raleigh, and he practices in the Labor and Employment Practice Group. He is a member of the NCBA Labor & Employment Law Section and the Young Lawyers Division. He is also a member of the NCBA Professionalism Committee and the Young Lawyers Division Disaster Legal Services Committee. He has served as the co-chair of the YLD Communications Committee (2017-18, 2020-21). Cohen is a graduate of the University of North Carolina School of Law. He received a B.A. in history from The George Washington University.
How do you see writing about the law as a way of giving back to your NCBA community?
Writing is an outstanding way of giving back because it allows you to share your wisdom and experience with the NCBA community at large. The pieces that the NCBA publishes include new developments in particular practice areas, legal technology updates, mental and physical self-care tips, and much more – a broad array of topics designed to assist all attorneys in both their professional and personal pursuits. Any NCBA member with something to offer to the community – that is, every NCBA member – should consider writing a piece and contributing to the discourse.
How did you develop the idea for writing this piece?
I had the idea to write a piece about 30(b)(6) depositions after noticing that many attorneys either tended not to take 30(b)(6) depositions when doing so may have been advantageous or treated their obligations under Rule 30(b)(6) similarly to their obligations for named witness depositions. After disputes about 30(b)(6) depositions came up a few times in practice, I began maintaining a document with relevant authority on the subject. Eventually, I decided that it would serve me and my colleagues in the NCBA community better to write a piece exploring the valuable (and often overlooked) discovery tool offered under Rule 30(b)(6).
I am grateful to the NCBA for giving me the opportunity to write about 30(b)(6) depositions. Writing the piece not only offered me the chance to share what I had picked up in practice; it also led me to dig deeper and look at the issue from all different angles, which has been tremendously helpful in my growth as an attorney.
In what ways is it meaningful to learn that your piece has been frequently read and continues to draw interest?
It makes me very happy to know that my piece has been frequently read and continues to draw interest. When I wrote the piece, I figured that even if it helped just one attorney, it would be worthwhile. Since then, I’ve been pleasantly surprised to learn about its reach, both in numbers and in geographic scope. I remember receiving a call from an attorney in Arizona several months after the piece was published. He told me he read my piece and found it very helpful, and he asked me to assist him in working through an issue he had encountered concerning a 30(b)(6) deposition. It made me proud to be able to help him.
Have you always enjoyed writing or did your interest grow over time?
My interest in writing certainly grew over time. I remember dreading ten-page writing assignments in high school and wondering how I could possibly write so much about a topic. Now, I often find myself wondering how I’m going to walk through every argument I want to make in a brief without exceeding the thirty-page or 6,250-word limitation.
I used to view writing as more of a chore. These days, I see writing as an opportunity to express myself in a way that no other medium can offer. Writing allows me to be clear, thoughtful, and deliberate in how I communicate my thoughts.
Have there been any significant changes regarding the topic of this post that you would address in a follow-up?
Rule 30(b)(6) was amended in December 2020 to require that the noticing or subpoenaing party and the deponent-organization confer in good faith before or promptly after the deposition notice or subpoena is served. According to the Advisory Committee Notes, the amendment was designed to facilitate “[c]andid exchanges about the purposes of the deposition and the organization’s information structure,” which in turn “may clarify and focus the matters for examination, and enable the organization to designate and to prepare an appropriate witness or witnesses, thereby avoiding later disagreements.” The Advisory Committee Notes likewise provide that discussing process issues “such as the timing and location of the deposition, the number of witnesses and the matters on which each witness will testify” may also help bolster the “efficiency and productivity of the deposition.”
Though the 2020 amendment imposes an additional requirement that litigants using the 30(b)(6) device should be aware of, it does not contradict or otherwise conflict with the standards discussed or the authority cited in my piece. In fact, I stated in my piece that it would be ideal for the opposing parties to reach an agreement concerning the scope of the deposition after the notice or subpoena is served. Given the relatively limited impact of the amendment, I do not believe a follow-up piece is necessary at this time, but I will consider the idea if Rule 30(b)(6) is amended further or if case law on the issue begins to develop in a different direction.
What suggestions do you have for an NCBA member who is interested in writing a blog post?
I have two suggestions for NCBA members interested in writing a blog post. My first suggestion is simple – dive right in and do it! One of the most difficult parts about writing is getting started. Once you get over that hump and begin writing, it becomes a lot easier.
My other suggestion (more of a thought) is that you do not necessarily need to be a subject matter expert to write something. I’ve written for the NCBA a number of times, including pieces about 30(b)(6) depositions, damages recoverable for retaliation claims under the Fair Labor Standards Act, and the compatibility of bonuses with the fluctuating workweek method of calculating overtime. Do I know more about these subjects than anyone else in the NCBA? Absolutely not. Do I still have a lot to learn about these subjects? Yes, I have a lifetime of learning ahead of me. But did I nonetheless have something to offer to the community? I believe so. And in writing those pieces, I was able to explore the subjects further and learn more, which has been an invaluable experience.
Alicia Mitchell-Mercer: Clarifying Paralegal Education Terminology
Alicia Mitchell-Mercer wrote Demystifying Paralegal Credentials for Lawyers and Paralegals. Published in 2019 on the Paralegal Division blog, Mitchell-Mercer’s piece is an insightful guide to paralegal education and training terminology. The piece has garnered more than 3,300 views since it was published.
In this piece, Mitchell-Mercer underscores how important it is for paralegals to take part in training programs, to understand the differences between the programs that are offered and to pursue the ones that are right for each person. Mitchell-Mercer writes, “The purpose of paralegal education and certification programs is to facilitate paralegal competency and ultimately enhance the quality of legal services to the public. The more a paralegal knows, the better the outcome of tasks delegated to them.” Mitchell-Mercer defines terms such as “certificate, certificated, certified, and certification,” and she distinguishes between ABA-accredited and ABA-approved programs.
Being informed about the various differences in these terms and the proper way to use them is useful for those who are practicing in the legal profession and to the clients they serve. This post is helpful for individuals who are interested in becoming paralegals, as well as for paralegals who are thinking about becoming certified or who are reviewing their resume or LinkedIn profile, as it provides a refresher for using the correct terms to describe one’s education and training.
Mitchell-Mercer, PMP, CSM, LPP, NCCP, SCCP, ACP, RP, is the Director of Project Management at Lex Project Management Consulting Group in Charlotte and a FINRA Securities Arbitrator. She received the NCBA’s 2021 Distinguished Paralegal Award. She chairs the NCBA Paralegal Division’s Technology and Utilization Committees. She is now pursuing a Doctorate in Public Policy and Administration to support the NC Justice for All Project. In 2023, she was appointed as a Special Advisor to the NC Equal Access to Justice Commission by Justice Richard Dietz. She holds an M.S. in Project Management from Missouri State University and a B.S. from Charter Oak State College.
How do you see writing about the law as a way of giving back to your NCBA community?
Writing about the law is a way of giving back to the paralegal community because it helps to educate and inform other paralegals about critical legal issues and best practices. By sharing our knowledge and expertise through writing, paralegals can help to promote a better understanding of roles and responsibilities, which can lead to more fair and just outcomes in legal cases. Yes, paralegal education facilitates better outcomes for clients! Additionally, writing about the law can help to demystify certain facets of the legal system for new paralegals, who may feel a little overwhelmed after transitioning from a classroom or a different career into a law office or legal department.
Furthermore, writing about the law and law practice can also be a way for paralegals to give back to the seasoned paralegal community by providing mid-career guidance and resources to make “paralegaling” a little easier or to help them segue into a paralegal-adjacent career as I described above. While seasoned paralegals tend to be excellent researchers, sometimes you just don’t know what you don’t know. Reading a blog post and learning something new in someone else’s writing can help you be more productive in the workplace or inspire readers to seek out opportunities for professional development.
How did you develop the idea for writing this piece?
I am connected to several local and national legal associations, law-related Facebook groups, LinkedIn, and the NCBA. In these spaces, paralegals frequently ask questions about professional development, and they are often questions regarding credentialing. Some paralegals ask whether certification or certain educational achievements will increase their value in the marketplace or help them stand out from others when job searching. Sometimes, I would find factual errors in the responses of other well-meaning paralegals to their questions. I wanted to create an easy reference that others could share that accurately answered questions I had encountered.
Addressing incorrect information about paralegal credentialing may seem trivial, but it is important for maintaining the integrity of the paralegal profession and for professional development. Misinformation regarding paralegal credentials can cause confusion and misunderstandings, making it difficult for paralegals to make the best-informed decisions regarding how they spend their time, energy, and money. For example, not all paralegal programs are created equal, and paralegal certifications can have varying impacts on employment opportunities depending on your geographic location and area of practice.
Additionally, people who misuse terms may give the impression that they are not knowledgeable about their field. One example is the commonly held belief by some paralegals that they are “ABA-certified.” I still see this on LinkedIn all the time. The ABA doesn’t “certify” paralegals. It “approves” paralegal programs (for a fee). A second example I frequently see on LinkedIn is paralegals and lawyers who say they are certified or licensed by the North Carolina Bar Association. Many people do not seem to know the difference. The North Carolina State Bar is the mandatory bar – the regulatory agency. The North Carolina Bar Association is a voluntary bar association that provides education and networking opportunities. Sharing this kind of information erroneously can make interviewers wonder what else a paralegal doesn’t know.
In what ways is it meaningful to learn that your piece has been frequently read and continues to draw interest?
I set out to create a resource that would be useful to others. I appreciate that this blog post served its intended function. Of course, we all prefer words of affirmation, whether we want to admit it or not, so when people respond positively to what I write, it motivates me to keep writing, explore new ideas, and push myself as a writer. If you feel like you are not making an impact and you are writing for no reason, you start wondering if that is a pragmatic use of time.
Have you always enjoyed writing or did your interest grow over time?
I have always enjoyed writing. When I was a child, I used to stand at the corner where the bookmobile would come. I would sometimes be there a full hour before the bookmobile arrived because I saw books as an exciting adventure and could not wait to get started on the next one. I think that easily transferred into my love for writing.
Writing can be enjoyable for a variety of reasons. It is a creative outlet for me to communicate my thoughts and ideas in a meaningful way. It allows me to experiment with new ideas, learn more about a subject, and better grasp the world around me. Writing is cathartic because it allows me to process my emotions and thoughts creatively.
Writing can also be a terrific way to connect with others, whether through sharing my work or reading others’ work. It can be used for self-expression and self-discovery, assisting people in understanding themselves and exploring their feelings and experiences. It is an excellent communication tool for forming relationships and inspiring others. That is why our blog is so important.
We may not think about this as frequently, but writing can also improve cognitive processes by sharpening critical thinking skills, improving memory and focus, and increasing creativity. Finally, whether it’s writing a book, a blog post, an essay, a research paper, or simply a simple letter, writing can be a terrific approach to attaining personal or professional goals. In fact, I am currently pursuing a doctorate in public policy and administration and just entered dissertation development in January 2023, so there is a great deal of writing at the moment. When people find out what I’m doing, they say, “That’s a lot of work!” but I am writing about topics I am passionate about, so it doesn’t necessarily feel like work.
Have there been any significant changes regarding the topic of this post that you would address in a follow-up?
Recently, there have been some notable changes in the paralegal profession. One of the most noticeable trends in the legal industry is the rising use of technology, automation, and process improvement. As a result, there is an increasing demand for technologically savvy paralegals and those who are familiar with project management, legal research databases, e-discovery software, and document management systems. There are now a lot of certifications available concerning technology, project management, and e-discovery that may benefit paralegals.
I personally began transitioning out of dedicated paralegal work and now work full-time as a legal project manager. I work at the intersection of law, project management, and process improvement by applying appropriate project management methodologies and frameworks (Predictive, Agile, or Hybrid) to legal projects. I also analyze the performance of workflows and re-engineer processes to maximize quality and productivity. In the broadest sense, I am responsible for planning, organizing, and directing the completion of legal projects (cases, matters, and other projects) while ensuring these projects are on time, on budget, and within scope.
I work primarily with litigators, corporate legal departments, and occasionally government agencies. For example, when a business embroiled in litigation needs to employ outside counsel, I act as a liaison between the two, ensure that a project plan is in place to support lawyer efforts, facilitate the removal of barriers causing inefficiencies, and measure and monitor progress through completion. This aids companies in reducing legal expenditures and assists private law firms in focusing on what they do best.
Additionally, I frequently work with litigators on complex projects who need project management support so they can focus on lawyering. It may be a smaller firm taking on a complex civil or criminal litigation case slightly outside its bandwidth that needs someone to focus on logistics so they can focus on law practice. Or, it may be an agency trying to set up its own project management office that needs consultation, guidance, and ongoing training until project management maturity is reached. Paralegal skills are easily transferable to roles like these with some additional training and education.
Another noteworthy shift is the increased awareness of paralegals’ importance in the legal profession. The number of paralegals working in-house and in specialized fields of law such as corporate law, intellectual property law, and healthcare law has risen. Furthermore, the number of paralegals working in the business sector and government and non-profit organizations has expanded. This indicates the increasing relevance of the paralegal profession and the expanding function of paralegals in the legal field.
Finally, several states have begun to realize the value of paralegals in meeting the legal needs of those who cannot afford a lawyer by establishing license programs to help with the access to justice crisis. The Institute for the Advancement of the American Legal System at the University of Denver recently published its new Allied Legal Professionals landscape study titled The Landscape of Allied Legal Professional Programs in the United States, as well as an accompanying online Knowledge Center. It discusses the various active licensing programs across the country and the states presently considering them. It is exciting to see the continued evolution of the paralegal profession. I was thrilled to contribute to this study.
Overall, these changes reflect the paralegal profession’s growing importance and the expanded role of paralegals in the legal field. As the legal system grows more sophisticated and technologically driven, the paralegal profession is expected to evolve and expand in the coming years.
What suggestions do you have for an NCBA member who is interested in writing a blog post?
Paralegals have so much knowledge that can be shared with colleagues, but many of them don’t realize that how what they have to say has any value or utility. That is certainly not true. You may think a topic is common knowledge or boring, but to someone else, it may be novel information. Other paralegals may find it difficult to push past writer’s block to put words on paper. I have been there myself and offer the following suggestions for writing a blog post for the North Carolina Bar Association:
- Keep current events in mind: Keep current on recent legal and technological affairs, such as legislative changes, court cases, and industry trends. This might serve as a source of ideas for blog post subjects.
- Look for ideas from other places: Read other legal blogs, books, and articles and make a list of any topics that pique your interest.
- Request feedback from others: Contact other paralegals and ask them what themes they would want to read about.
- To locate popular terms, use online tools: Google AdWords or SEMrush can uncover keywords related to the legal area that are being searched for; this might give you an indication of what people are currently interested in reading.
- Consider your own experiences: Consider writing about any problems or triumphs you’ve had as a paralegal that you think could be useful to others.
- Take advantage of your expertise: If you have specific legal knowledge or work in a unique practice area, consider writing about it and sharing it with others.
- Look for a new perspective or angle: Look into what has already been published about a topic and try to locate a new perspective or angle that hasn’t been explored yet.
You might see an idea trending that inspires you. For example, the new technology ChatGPT has taken the AI world by storm. A blog on how ChatGPT might affect the legal industry could be timely (hint. hint.). By following these guidelines, you can generate a plethora of ideas for writing blog posts for paralegals that will be engaging, instructive, and beneficial.
Lee Robertson: Developing A Client Base As A Young Lawyer – Nine Tips For Success
Lee Robertson wrote A Young Lawyer’s Guide To Building a Client Base in 2019, a piece that was published on the Young Lawyers Division blog. This post is the perfect one to share with new attorneys and law students who would like to implement small, actionable steps that have the potential to help them grow their network. The piece has received more than 2,500 views.
The post focuses on why attorneys should look for ways to meet new clients and how to do so. For Robertson, finding new clients involves drawing on soft skills: “Building a client base literally takes a lifetime of hard work. It’s much more than just being good at arguing cases, or writing iron-clad contracts. In the end, it’s really about your ability to connect with people and make them want to hire you.”
Throughout the article, Robertson offers nine practical ways for attorneys to expand their reach.
One of the simplest things an attorney can do – and one Robertson learned from his father – is to always carry business cards. By being approachable and ready to talk with each individual that one might meet throughout the day, an attorney will have opportunities to engage with others.
What is another key step?
As he says, “The best way to meet other lawyers is to get involved in the bar association.”
Robertson is a litigation partner with Robertson & Associates in Charlotte, where he has practiced for ten years. He is a member of the NCBA Construction Law Section and Young Lawyers Division. He holds a J.D. from Charlotte School of Law and a B.A. from North Carolina State University. He served on the council of the NCBA Construction Law Section from 2020-22, and he currently chairs the NCBA Communications Committee.
How do you see writing about the law as a way of giving back to your NCBA community?
It is very important for lawyers to participate in the NCBA, and their local bar associations, too. As I discuss in the article, building a successful network includes getting to know other lawyers across various practice areas. I hope this article encourages people to get involved in the committees and sections of the North Carolina Bar Association. Not only is a great source of professional development, but it’s a great way to meet lawyers from across the state – lawyers who can send you work!
How did you develop the idea for writing this piece?
I had the unique opportunity to serve as president of my law school’s alumni association for several years (before it unfortunately closed). Because of that, I often had the chance to speak with law students and young lawyers about their career plans. Although usually inspirational, I also learned that many new and want-to-lawyers) do not appreciate fully the tireless, demanding work growing a law practice requires.
For young lawyers at large firms, it may not be as important, but for most lawyers, in smaller, client-facing practices, the ability to find new clients – and convince those clients to give you money to attempt to solve their problems – is the single most important factor to long-term success as a lawyer. I’ve seen many young attorneys struggle over the years to find quality clients, and this article is my attempt to outline ideas that seem to work and criticize those that do not. Writing this piece was my attempt at helping young lawyers realize that there’s much more involved in being a rainmaker than just showing up (no matter what John Grisham would have you believe).
In what ways is it meaningful to learn that your piece has been frequently read and continues to draw interest?
I am grateful for the opportunity to share some of these tips with young lawyers, especially if they provide that new lawyer with a unique or innovative idea to generate revenue. The practice of law is hard enough; there are no easy days as a lawyer. Worrying about where and how to find clients is a stressor that young lawyers (or any lawyers, for that matter) do not need. As the near-term economic outlook becomes more and more uncertain, too, I think articles like this become more relevant as all of us look for ways to keep clients (and more importantly, their money) coming in the door. A good lawyer should always have a steady stream of new and repeat business; but repeat business is at some point, new business.
Have you always enjoyed writing or did your interest grow over time?
I’ve always enjoyed writing. At NC State (where I attended college), I was a staff reporter for NC State’s student newspaper, Technician, and the literary magazine, Americana. In law school, I kept a blog about the day-to-day life of a law student, aptly named (for me at least) Falling Up. At least one professor told me, after discovering my blog (and after I failed an exam in her class), that a legal career wasn’t for me.
While it was a great escape from the rigors of law school, I determined that it was probably best for my legal career (and to keep the State Bar from looking into me) that I stop, at least publicly. The NC Bar Association’s publications, blogs, and manuscripts provide a great way to keep writing about more professionally acceptable, if not humorous, topics.
Have there been any significant changes regarding the topic of this post that you would address in a follow-up?
I think the ideas discussed in the article are as relevant today as they were then – and will always be. Technology is important; but nothing will ever bring in work like lasting personal relationships with people. This is especially true as the economy seems to be heading towards a recession. Although we wish they wouldn’t, people always cut back on their legal services when they feel economic uncertainty. As a result, it’s imperative that lawyers keep a steady stream of new clients to make up for the ones that are cutting back.
What suggestions do you have for an NCBA member who is interested in writing a blog post?
As I mention in my article, a lawyer’s best source of referrals are other lawyers, even lawyers that the lawyer doesn’t know. The best way to appear an “expert” (whether one is actually an expert or not is beside the point), is to write about boring topics in a way that might, at least on some level, be interesting or entertain a reader. There are not many resources available for lawyers that aren’t prohibitively expensive, and the NC Bar Association has a number of publications that are designed to improve a lawyer’s skill set, increase a lawyer’s knowledge, and build a lawyer’s reputation. Not only that, but the NCBA’s Communications Committee is always looking for great members to help further the NCBA’s work. There are plenty of topics out there, so get involved and get to writing!
Charles George: Exploring Settlement Agreements – When Are They Truly Final?
Charles George wrote When Is A Settlement Agreement A Final Settlement Agreement? on the Litigation Section blog in 2020. This post encourages litigators to consider settlement agreements signed during mediation and to make sure that those agreements will resolve their case. The post has received more than 1,700 views to date.
In this piece, George begins by introducing a case that was not included in The North Carolina Business Court’s Orders of Significance. It is a case that illustrates how important it is not to leave an opening for additional terms to be added to a mediated settlement agreement.
George examines Judge Gale’s order in Howard, et al. v. Iomaxis, LLC, 20 NCBC 36. He pays particular attention to a citation to N.C. Nat’l Bank v. Wallens. George focuses on the potential implications to settlement agreements – specifically, whether agreements will be considered final or not. Focusing on settlement agreements in disputes, he asks, “Is the desire to have a more formal or complete settlement agreement undermining the enforceability of the settlement agreement I just reached?”
After reflecting on Judge Gale’s decision in Howard, he makes the recommendation that during mediation, attorneys, clients and the mediator should “make clear that the mediated settlement agreement is a full and final settlement agreement of the issues in dispute.”
George is an attorney with Wyrick Robbins Yates & Ponton LLP in Raleigh, where he has practiced for 16 years. A member of the Litigation Section, George holds a J.D. from the University of Miami School of Law, an M.B.A. from Penn State University, and a bachelor’s degree from the University of Michigan.
How do you see writing about the law as a way of giving back to your NCBA community?
The NCBA makes a lot of resources available for its members, but the ability to learn from people who have been doing things longer than you or who simply have more experience with a topic that you are interested in is beneficial to all members. In this case, it was finding a topic that I thought would be of interest to a good portion of the membership given the number of people doing some kind of civil litigation. Writing articles gives you a better opportunity to reach more people as the articles can be read at each lawyer’s convenience.
How did you develop the idea for writing this piece?
I will often read the published business court opinions, and after reading the decision in the Howard, et al. v. Iomaxis, LLC, 20 NCBC 36, it got me thinking about the settlement agreements that I had signed at the conclusion of mediated settlement conferences and whether I really had an enforceable agreement. I knew – or at least felt – that opposing counsel and the mediator also believed that we had reached a binding, enforceable agreement when signing off on an agreement at the end of a mediation. After reading Judge Gale’s opinion in the case, however, I wondered whether that was the case given that the agreement signed at mediation contemplated a much longer form of a settlement agreement.
As I said in the article, seeing a citation to a case that said you would still have an agreement if the reference to a more formal agreement meant “only that immaterial matters, which are of no consequence, will be added to complete the agreement,” made me contemplate whether the multi-page agreement that I was drafting after mediation had only “immaterial matters” that were of “no consequence.” If that was in fact the case, why was I doing it? I felt that other people had to be wondering the same thing, and that an article discussing it would be of some interest to other members of the Bar Association.
In what ways is it meaningful to learn that your piece has been frequently read and continues to draw interest?
It was very meaningful to learn that the article has been read often and continues to draw interest. First, it was validation that the thoughts that I had after reading Judge Gale’s opinion were shared by other practicing litigators and mediators. While I vetted the article with one of my colleagues, there was still a small lingering doubt that someone might read it and say that for someone doing litigation for 25 years, he doesn’t really understand how mediation works! Not only was that not the case, but when experienced mediators reached out to me and indicated that they would change the way they were handling their mediated settlement agreements, I no longer had any doubts that I was on to something by addressing this issue.
While I was sure that my target audience was North Carolina litigators and mediators, I commend the Bar Association on the reach it provides as I even received a call from an individual in Missouri wanting to talk to me about whether a settlement agreement he signed was enforceable. (As I prefer not to engage in the unauthorized practice of law, I told him that what I wrote only applied to North Carolina settlement agreements, and that I really could not help him.)
Have you always enjoyed writing or did your interest grow over time?
For the most part, it grew over time. While most lawyers will say that they are much better at English than math, I did much better in math through high school than English or other subjects with a writing component. After taking required writing courses in both graduate school and law school, and realizing that both classes were focusing on many of the same things, I became more confident in my writing.
While I tried to avoid some writing in my younger days, the one area where that was not an option was writing thank-you notes for gifts that I received. My mom would have definitely made me give any gift back if a timely thank-you note wasn’t written. I know my wife appreciated that when we had 200+ people at our wedding, and I’m not sure my mom could have been any prouder when some of her friends called her to say how nice my wedding gift thank-you notes were. The need for a good thank-you note has been passed along to my daughters, and now I feel like my mom when a relative compliments one of their notes.
Have there been any significant changes regarding the topic of this post that you would address in a follow-up?
Not specifically as to the narrow topic of the article, but there have been some major changes to the mediation rules generally. The North Carolina Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions had been overhauled less than a year before the article was published. While there were some other changes that came out after the article was published, including a section dealing with the finalizing of settlement agreements at mediation, the changes did not address the issues that I raised in the article. Two changes that some people may not be aware of is that there was an addition to Rule 4, specifically what is now Rule 4(c)(5) which provides:
When an agreement is reached upon all issues, all attorneys of record must notify the senior resident superior court judge within four business days of the settlement and advise who will file the consent judgment or voluntary dismissal.
Secondly, and perhaps most significantly, what Covid necessitated – remote mediations – is now the default way of conducting mediations under the Rules. Pursuant to Rule 4(a)(2), mediation is only to be in person if either:
- the mediator and all parties and persons required to attend the conference agree to conduct the conference in person and to comply with all federal, state, and local safety guidelines that have been issued; or
- the senior resident superior court judge, upon motion of a party and notice to the mediator and to all parties and persons required to attend the conference, so orders.
What suggestions do you have for an NCBA member who is interested in writing a blog post?
I would suggest that you look for something first that you are interested in and think about whether it would be interesting to other people. For me personally, I’ve looked at recent cases to see if there was something decided in the Courts that perhaps addressed a point of law that I had not considered before. The options go so much broader than that, however, and can include articles about practice management, work-life balance, diversity, or other topics. The key is finding something that grabs you and that would be interesting to other members. I would also recommend having a colleague or friend review what you write. My partner, Kevin Stanfield, was gracious with his time, and the end product was much better because of his suggestions.
Jessica Junqueira is communications manager for the North Carolina Bar Association.