Agenda: 2008 NC Legal Services Conference
"Forty
Years & Still Making a Difference"
April 1-2, 2008
Sheraton Imperial Hotel & Conference Ctr.,
Durham, NC
DAY ONE AGENDA
DAY TWO AGENDA
Tracks...to help you plan
Register online here.....
Conference webpage....
Print out Agenda (pdf) "Chart" of Agenda
(pdf)
DAY ONE - April 1 (Tuesday) - Subject to
Change
Note: 15-minute breaks scheduled between sessions
9:00AM........REGISTRATION/EXHIBIT HALL SET-UPS
10:00 AM......PLENARY SESSION:
"The
Past, Present & Future of Legal Services in NC"
(1.75 hrs., 10:00-11:45 AM);
(CLE credit requested)
...Presentation and video about legal services
work in North Carolina.
12:00 Noon...LUNCHEON
Luncheon
Speaker:
Florence
W. Roisman,
Wm. F.Harvey Professor of
Law
Indiana
University
School
of Law
1:30 PM.......CONCURRENT SESSIONS (Block #1)
1.A.
Legislative
Updates and Coming Attractions
(1-hr., 1:30-2:30 PM)
(Tracks 1,6,7)
- General/Clients
...Review of 2007 legislation, including bills that
passed and those that didn’t as well as discussion
of what the bills are likely to be presented
during the 2008 session. Presenter:
Al Ripley.
1.B. Issues in Non-Benefits Cases
(1.5-hrs., 1:30-3:15 PM); (CLE credit requested)
(Track 4) - Benefits
...This workshop will explore how to structure
settlements to avoid adverse impacts on public
benefits, public benefits issues in family law
cases, and how to do a basic benefits checkup
for your clients.
Presenters:
Adrienne Allison
and
Doug Sea.
1.C.
International Child Abduction in Custody Cases
(2-hr., 1:30-3:45
PM); (CLE credit requested);
(Track 3) - Family
...With an
increased immigrant population and
many "mixed status" immigrant families living
in our state, many family disputes or
separations result in one parent taking children
out of the country without the other parent's
permission. Lisa Gordon will explain how the
Hague Convention can be utilized when
children are abducted to a foreign country.
Ann McGahuey will discuss the tools to use
when a parent abducts a child to a country
that is not covered by the Hague Convention.
Deepa Topiwalla will take questions about how
she regained custody of her son after he was
abducted to India by his father.
Presenters: Lisa Gordon, Ann McGahuey and
Deepa Topiwalla.
1.D. Moving for Summary
Judgment:
Things to consider before filing,
how to prepare and what to expect
(1-hr., 1:30-2:30 PM); (CLE credit requested);
(Track 2) - Housing
...This presentation will cover the merits in
moving for summary judgment in housing cases
and the inns and outs of this process.
Presenter:
Ted Fillette and Kelly Clarke.
1.E. Education - the Big Picture View
(1-hr., 1:30-2:30 PM); (CLE credit requested);
(Track 2) - Education
...Panel discussion to address the Achievement
Gap, showing the proficiency scores, how
school issues related to societal issues of
poverty, inadequate funding, substandard
housing, crappy
teachers, etc; How Teaching
The Test and the Accountability Movement
Undermine Democracy and Who is Pushing This
Agenda and Ethics Issue of Dual Representation
of School Board and Administrator.
Presenters: Sheria Reid, Lewis Pitts, and
Erwin Byrd.
1.F. Utilization
of your Statewide Pro bono Website
(2-hr., 1:30-3:45 PM)
(Track
5,6)
- PAI
...Presentation on the tools and resources
offered on the North Carolina pro bono web
site (www.probono.net/nc),
including a
discussion of
enhancements desired to make the
web site more effective for pro bono
coordinators in North Carolina.
Presenter: Liz Keith
(Circuit Rider, Probono.net).
2:45 PM.......CONCURRENT SESSIONS (Block #2)
2.A. E-mail
Ethics and Other Issues
(1-hr.,
2:45-3:45 PM);
(Ethics CLE credit requested);
(Tracks 1,5) - Ethics
This presentation will cover the most common
ethical issues that arise when representing legal
aid clients. Topics to be covered include:
protecting confidential information; conflicts of
interest; and limited representation agreements.
Presenter: Louise Paglan .
(1.B. CONTINUES,
"Issues in Non-Benefits Cases,"
1.5-hrs., 1:30-3:15 PM)
(1.C. CONTINUES,
"International Child Abduction in
Custody Cases," 2-hr CLE,1:30-3:45
PM)
2.D.
Cross
Examination of a Vocational Expert
(2-hr., 2:45-5:00 PM); (CLE credit requested);
(Track 4) - Disability Benefits
...What you need to know about Social Security
process in order to prepare to effectively cross
examine the vocational expert and how to
conduct an effective cross-examination.
Presenter:
James B. Gillespie, Jr.
2.E.
Using
MS Office 2003: Tips and Tricks for
Word, Excel,
Outlook and PowerPoint
(2-hr., 2:45-5:00 PM)
(Track 6) - General/Support Staff
Presenter: Gray Wilson.
(1.F. CONTINUES, "Utilization
of your Statewide
Pro bono Website," 2-hr., 1:30-3:45
PM)
2.G.
Security Deposits: How do I get mine back?
(1-hr., 2:45-3:45 PM); (CLE credit requested);
(Tracks
1,7)
- Clients
...This presentation will explain how and when
a tenant may request a security deposit back
from landlords and what landlords can use the
security deposit to pay under
North Carolina
law. This presentation will also explain what
steps tenants can take before moving out to
help their efforts in reclaiming these deposits.
Presenter: Liza A. Baron.
4:00 PM.......CONCURRENT SESSIONS (Block #3)
3.A.
Landlord-Tenant Law in North Carolina
(1-hr., 4:00-5:00 PM); (CLE credit requested);
(Tracks
1,2,7)
- General/Housing/Clients
...This presentation will give an overview of
the rights of landlords and tenants, the
eviction process, and defenses to eviction.
Presenters: Roger Cook and Barbara Valenzula).
3.B. Whenever You Need a Friend or a PAL
(1-hr., 4:00-5:00 PM); (CLE credit requested);
(Tracks 1,5)
- Ethics
...This CLE will satisfy the substance abuse/
mental health requirement for the NC State
Bar. Presenter: TBA.
3.C. Putting More Muscle into Your
Legal Research
(h-hr.,4:00-5:00 PM); (Track 1) - General
(2.D. CONTINUES,
"Cross
Examination of a
Vocational Expert,"
2-hr CLE, 2:45-5:00 PM)
(2.E. CONTINUES,
"Using
MS Office 2003:
Tips and Tricks for Word, Excel,
Outlook
and PowerPoint," (2-hr., 2:45-5:00 PM).
6:00 PM........RECEPTION
7:00 PM........DINNER/SOCIAL
DAY TWO - April 2 (Wednesday) - Subject to
Change
Note: 15-minute breaks scheduled between sessions
7:00 AM.......BREAKFAST
8:30 AM.......CONCURRENT SESSIONS (Block #4)
4.A.
Update on Compliance Issues for NC Nonprofits
(1-hr., 8:30-9:30 PM); (CLE credit requested);
(Track 1)
- Community Economic Development
...Development Corporations and other
nonprofits daily confront a myriad of state and
federal regulatory requirements. Failure to
comply with these requirements can limit or
even destroy these organizations' ability to
accomplish their goals. This session will
provide advocates with an overview of and
update on these regulatory requirements.
Presenter: Jim Holloway.
4.B.
Using
the ADA to Access Public Benefits
and Services
(1.5-hr, 8:30-10:15 AM); (CLE credit requested);
(Track 4) - Benefits
...Americans with Disabilities Act can be used
as a legal handle to provide access and
protections for the disabled in the
administration of government programs such as
TANF, Medicaid, Food Stamps, public housing,
and the right to community based services
under Olmstead. Presenters:
Adrienne Allison,
Doug
Sea and Sarah Somers.
4.C.
When to Appeal to the NC Court of Appeals:
Nuts and Bolts
(1-hr., 8:30-9:30 AM); (CLE
credit requested);
(Track
1) - General
...This presentation will describe the issues to
consider before appealing and the processes
of appealing, including both the the internal
LANC process and the court process.
Presenters: Andrew Cogdell and Celia Pistolis
4.D.
What is "Fair Housing" and What are my Rights?
(1-hr., 8:30-9:30 AM); (CLE
credit requested);
(Tracks 1,2,7)
- Clients
...This presentation will inform attendees of
rights afforded to tenants under existing state
and federal fair housing laws.
Presenter: Stella Adams.
4.E.
Way Out Yonder: Reaching Out to Rural
Clients in North Carolina.
(1-hr., 8:30-9:30 AM);
(Track 5,6) -
PAI/Support Staff
...More than 2/3 of NC's counties (68 of 100)
have a rural population of 51% or more.
Beverly Eason will moderate a select panel of
legal experts to discuss their findings and
experiences about the rewards and challenges
of reaching out to clients who don’t live in
metro areas. Hopefully this will stimulate
discussion about development and
implementation new plans of action.
Moderator: Beverly Eason
Panel: Glenn A. Barfield, E. Carol Spruill and
Michelle Smith
Cofield.
4.F.
What You Need to Know About
Notaries Public
(1-hr., 8:30-9:30 AM);
(CLE credit requested);
(Track 5,6) -
PAI/Support Staff
...Presentation will address common issues
facing notaries public and provide updates
about changes to laws regulating notaries
public and their responsibilities.
Presenter: Gayle P. Holder and Tina Wagstaff.
9:45 AM......CONCURRENT SESSIONS (Block #5)
5.A. Cutting Edge CED Strategies
(1-hr., 9:45-10:45 AM);
(CLE credit requested);
(Track 1) - Community Economic Development
...Beyond developing affordable housing,
what can community development corporations
do to help low-income persons and communities
create and retain wealth, employment and
entrepreneurial opportunities, and
employment-related supportive services?
What are the roles of legal services and
pro bono legal counsel in these efforts?
Presenter: Joyce Dickens, Evan Lewis and
Mary Peterkin.
(4.B.
CONTINUES, "Using
the ADA to Access Public
Benefits and Services", 8:30-10:15 AM)
5.C.
Custody
101
(1-hr., 9:45-10:45 AM);
(CLE credit requested);
(Track 3) - Family
...Session will highlight the distinctions
between custody as obtained under domestic
violence protective orders ("50B" custody)
and custody obtained under North Carolina's
N.C. Gen. Stat. chapter 50. It will help the
practitioner understand the basics of the
UCCJEA and when to pursue emergency
custody orders. It will also briefly address
the standards for an award of custody, will
offer a bibliography of the seminal cases for
client-relevant issues such as standing,
homelessness, domestic violence, and
grandparents' rights, and will provide an
overview of the basic forms and processes
to follow to file a child custody case in
North
Carolina. Presenter:
Denise Lockett.
5.D. LIVE from Statewide Conference:
ZT Middle School vs. Student Doe
(2-hr., 9:45 AM - 12:00 Noon) ;
(CLE credit requested);
(Tracks 2) - Education
...Advocates for Children's Services and
audience volunteers present a live school
discipline hearing for those who learn by
doing (or watching). What better way to learn
the ins and outs of school due process hearings
than by watching one unfold? We will take time
to explain the law, discuss the strategies, and
critique the hearing as it progresses.
Information about school board appeals and
judicial review will also be included.
Presenters: Lewis Pitts, Keith Howard,
Erwin Byrd and David Sapp.
5.E. So
Special, So Fragile
(1-hr., 9:45-10:45 AM);
(CLE credit requested);
(Tracks 5,6) -
PAI/Support Staff
...Some groups of NC residents have especially
unusual circumstances and legal needs. This
session will present information on how to
effectively serve and meet the needs of
battered immigrants, human trafficking victims
and physically and mentally challenged persons.
Presenters: Annaliese Dolph and Jennifer Stuart.
5.F.
End of Life Care Planning:
Living Wills, Health Care Powers of Attorney,
and Organ Donation in North Carolina
(1-hr., 9:45-10:45 AM);
(Tracks 1,6, 7) -
General/Support Staff/Clients
...In 2007, the North Carolina General Assembly
enacted new legislation designed to improve
and clarify the laws governing living wills,
Health Care Powers of Attorney, and organ
donation. This session will explain the
documents involved in advance care planning,
why they are necessary and why organ donation
should be a consideration in the planning
process. Presenter: Faith Fickling.
11:00 AM.....CONCURRENT SESSIONS (Block #6)
6.A.
Clients Working with Lawyers on Community
Economic Development
(1-hr., 11:00 AM - 12:00 Noon);
(CLE credit requested);
(Tracks 1,7) - CED/Clients
...The goal of the Legal Aid of NC's community
economic development program is to use
LANC's assets to assist communities in need
to empower themselves in order to rise up out
of poverty and it's consequences. This session
explores effective strategies for potential client
groups to work with advocates on economic
development projects in their communities.
Panel members will discuss the respective roles
of client groups and LANC advocates as well as
steps to organize community economic
development projects.
Presenters: Evan Lewis, Terri Neyhouse,
Mary Peterkin and Willis Williams.
6.B. Claims from Private Settlement Agent Closings
(1-hr., 11:00 AM - 12:00 Noon);
(CLE credit requested);
(Track 2) - Consumer
...A discussion of TILA/RESPA claims arising
from Private Settlement Agent Closings to be
asserted in Bankruptcy.
Presenter: Mallam
J. Maynard.
6.C.
Legal issues affecting your LGBT (Lesbian,
Gay, Bi-Sexual or Transgendered) Client
(1-hr., 11:00 AM - 12:00 Noon);
(CLE credit requested);
(Track 1) - General
...A panel of experts from NC GALA will
highlight legal traps that befall clients who are
from the LGBT community. Focus will be on
LANC priorities including housing law, consumer
matters, family law/domestic violence/stalking
and in the preparation of advance directives.
Panel: Scott B. Lewis, Gina L. Reyman and
Sharon Thompson.
A
(5.D.
CONTINUES, "LIVE from Statewide Conference:
ZT Middle School vs. Student Doe,"
(2-hr, 9:45
AM -12:00 Noon) (CLE)
6.E.
Removing Stress at Your Desk
(1-hr., 11:00 AM - 12:00 Noon);
(Track 6) - General/Support Staff
...This session will provide tips on how to be
more productive and how to prioritize. Desk
exercises will be introduced in an effort to
relieve stress while simply sitting at your desk.
Presenter:
Honorable George J. Franks, IV.
6.F.
You are the PRO in PRO BONO
(1-hr., 11:00 AM - 12:00 Noon);
(Track
5) - PAI
...Session will address the professional aspects
of volunteer organization management and
discuss some potential pitfalls unique to pro
bono coordinators and how to avoid them.
Presenter: Ida T. Baker and Anne Cameron.
12:15 PM.....LUNCHEON
Speaker:
Honorable
Henry E. Frye,
Former Chief Justice, NC Supreme Court,
now of counsel with
Brooks, Pierce, Humphrey
& Leonard,
Greensboro,
NC
Service
Awards/Client Award/Pierce Award
2:00 PM.......CONCURRENT SESSIONS (Block #7)
7.A.
Human Trafficking:
Recognizing and Representing Victims (CLE)
(2-hr session, 2:00-4:15 PM);
(CLE
credit requested);
(Track 3) - Immigration
...More and more legal services providers are
encountering clients who are in situations of
forced labor, forced sexual servitude, or other
exploitative work situations. This session will
explore the concept of human trafficking,
provide examples of cases and discuss how to
identify victims in North
Carolina. Information
on civil and immigration remedies available to
trafficking victims will also be provided, as
well as an explanation of LSC eligibility for
services. Presenters: Jennifer Stuart and
Kate Woomers-Deter.
7.B. Save
the House - Go Bankrupt (CLE)
(3-hr., 2:00-5:15
PM); (CLE credit requested);
(Track
2)
- Consumer
...Session will cover reasons to file, preparing
for filing bankruptcy, maneuvering the
Post-Petition Filing Process, understanding
the motions in bankruptcy, and utilizing
adversary proceeding process in bankruptcy.
Panel: Adrian Lapas and Suzanne M. Robicsek
7.C.
Demonstration of web-based version of
Legal Files (coming soon to a desktop near
you!) (1-hr., 2:00-3:00 PM)
(Tracks 1,6)
-General/Support Staff
Presenter: Gray Wilson and Gordon Hack.
7.D.
Representing Children in SSI Disability
Cases
(1.5-hr, 2:00-3:45 PM); (CLE credit requested);
(Track
4) - Benefits
...Session will examine this subject thoroughly,
in particular, the listing and domains.
Presenter: Shirley Carter.
7.E.
I'm
Sick - What Can My Employer Do? (CLE)
(2-hr., 2:00-4:15 PM); (CLE credit requested);
(Track 2) - Employment
...There are many circumstances in which an
employer may wish information about an
employee's health status. Is the employee
malingering? How long will s/he be out?
Does s/he need an accommodation? May I
dismiss him/her? It is not always clear just
what the law permits the employer to ask.
This session looks at the range of circumstances
and the applicable law.
Presenter: Professor Robert P. Joyce.
7.F.
Office Depot Ordering for LANC Offices
(1-hr., 2:00-3:30 PM);
(Track
6) - General/Support Staff
...Session for LANC staff persons who order
supplies. Presenter: TBA.
7.G. LANC Clients Clients Business
Meeting
(Tentatively scheduled) (2-hr., 2:00-4:00 PM)
(Track 7) - Clients.
3:15 PM.......CONCURRENT SESSIONS (Block #8)
(7.A. CONTINUES, "Human Trafficking: Recognizing
and Representing Victims,"
2-hr session, 2:00-4:00 PM)
(7.B. CONTINUES, "Save
the House - Go Bankrupt
3-hr, 2:00-5:15)
8.C. E-Filing in the LANC
Environment
(45-min., 3:15-4:00 PM);
(Track 6) - Support Staff
...Presenter: Gray Wilson
(7.D. CONTINUES, ")Representing Children in
SSI Disability Cases"
1.5-hr, 2:00-3:45 PM)
8.D. Effective
Representation of Veterans
Disability Cases
(1.5-hr., 3:15-4:45 PM); (CLE
credit requested);
(Track 4) - Benefits
...The North Carolina Division of Veterans
Affairs has local offices and officers which
serve every county, and will represent veterans
on disability cases at all administrative levels
before VA. Attorneys must represent veterans
before the US Court of Appeals for Veteran
Claims and this session will provide direction on
how to address getting compensation for
service connected injuries or disabilities.
These benefits provide much higher
compensation, in addition to any Social
Security entitlement. Presenter: Jim Wall
(7.E. CONTINUES," I'm
Sick - What Can My
Employer Do?", 2-hr., 2:00-4:150 PM)
8.F. (open)
(7.G. CONTINUES," LANC Clients Clients
Business Meeting," 2-hr., 2:00-4:00 PM)
5:15 PM.......2008
NCLS Conference concludes
________________________
Register online here.....
________________________
TRACKS...TO HELP YOU PLAN
Track #1: Ethics,
CED, General
Legislative
Update and Coming Attractions
(CLE credit requested);
(Day One, 1-hr.,1:30-2:30 PM)
Ethics
for Legal Aid Lawyers (Ethics CLE credit requested);
(Day One, 1-hr., 2:45-3:45 PM)
Cross-Examination
of a Vocational Expert (CLE credit requested);
(Day One, 2-hr., 2:45-5:00 PM)
Security
Deposits: How to file actions and get deposits back
(CLE credit
requested); (Day One, 1-hr., 2:45-3:45 PM)
Whenever
You Need a Friend or a PAL (Ethics CLE credit
requested)
(Day One, 1-hr., 4:00-5:00 PM)
Landlord/Tenant
Law in North Carolina: The Nuts & Bolts
(CLE credit
requested); (Day One, 1-hr., 4:00-5:00 PM)
Putting
More Muscle into Your Legal Research
(Day One, 1-hr., 4:00-5:00 PM)
When
to Appeal to the NC Court of Appeals: Nuts and Bolts
(CLE credit requested); (Day
Two, 1-hr., 8:30-9:30 AM)
What
is "Fair Housing" and What are my Rights?
(CLE credit requested); (Day Two,
1-hr., 8:30-9:30 AM)
Cutting
Edge CED Strategies (CLE credit requested);
(Day Two, 1-hr., 9:45-10:45 AM)
So
Special, So Fragile (CLE credit requested);
(Day Two, 1-hr., 9:45-10:45 AM)
End
of Life Care Planning: Living Wills, Health Care Powers
of Attorney, and Organ Donation in
North Carolina (CLE credit requested);
(Day Two, 1-hr., 9:45-10:45 AM)
Lesbian
& Gay Issues (CLE credit requested);
(Day Two, 1-hr., 11:00AM-12:00Noon)
Clients
Working with Lawyers on Community Economic
Development (CLE credit
requested);
(Day Two, 1-hr., 11:00AM-12:00Noon)
Demonstration
of web-based version of Legal Files
(coming soon to a desktop near you!);
(Day Two, 1-hr., 2:00-3:00 PM)
Track #2: Housing, Education,
Employment, Consumer
Moving
for Summary Judgment: Things to consider before filing,
how to prepare and what to
expect (CLE credit requested)
(Day One, 1-hr., 1:30-2:30 PM)
Education
- the Big Picture View (CLE credit requested)
(Day One, 1-hr., 1:30-2:30 PM)
Landlord/Tenant
Law in North Carolina:
The Nuts & Bolts
(CLE credit requested); (Day
One, 1-hr., 4:00-5:00 PM)
What
is "Fair Housing" and What are my Rights?
(CLE credit requested); (Day
Two, 1-hr., 8:30-9:30 AM)
LIVE
from Statewide Conference: ZT Middle School vs.
Student Doe (CLE credit
requested)
(Day Two, 2-hr., 9:45AM-12:00Noon)
Claims
from Private Settlement Agent Closings
(CLE credit requested);
(Day Two, 1-hr., 11:00AM-12:00Noon)
Save
the House - Go Bankrupt (CLE credit requested);
(Day Two, 3-hr., 2:00-5:15 PM)
I'm
Sick - How Should an Employer Respond?
(CLE credit requested);
(Day Two, 2-hr., 2:00-4:15 PM)
Track #3: Family, Immigration
International
Child Abduction in Custody Cases
(CLE credit requested); (Day One, 2-hr., 1:30-3:45 PM)
Custody
101 (CLE credit requested); (Day Two, 9:45-10:45 AM)
Human
Trafficking: Recognizing and Representing Victims
(CLE credit requested); (Day Two,
2-hr., 2:00-4:15 PM)
Track #4: Benefits
Issues in Non-Benefits Cases (CLE credit requested);
(Day One, 1.5-hr., 1:30-3:15 PM)
Cross
Examination of a Vocational Expert (CLE credit requested);
( (Day One, 2-hr., 2:45-5:00 PM)
Using
the ADA to Access Public Benefits and Services
(CLE credit requested); (Day Two, 1.5-hr., 8:30-10:15 AM)
Representing Children in SSI Disability cases
(CLE credit requested); (Day Two, 1.5-hr., 2:00-3:45 PM)
Effective
Representation of Veterans Disability Cases
(CLE credit requested); (Day Two, 1.5-hr., 3:45-5:15 PM)
Track #5: PAI
Coordinators/Paralegals
Utilization
of Your Statewide Pro bono Website
(Day One, 2-hr., 1:30-3:45 PM)
Ethics
for Legal Aid Lawyers (Ethics CLE credit requested);
(Day One, 1-hr., 1:45-2:45 PM)
Whenever
You Need a Friend or a PAL
(Ethics CLE credit requested)
(Day One, 1-hr., 4:00-5:00 PM)
Way
Out Yonder: Reaching Out to Rural Clients in NC
(Day Two, 1-hr. 8:30-9:30 AM)
So
Special, So Fragile (CLE credit requested);
(Day Two, 1-hr.,
9:45-10:45 AM)
You
are the PRO in PRO BONO
(Day Two, 1-hr.,
11:00AM-12:00Noon)
Track #6: Support Staff
(General)