Friday, November 22, 2024
Board of Continuing Legal Education
By Ashleigh S. Parker, Vice-Chair
On behalf of the Board of Continuing Legal Education, I am honored to present our annual report.
Lawyers continue to meet and exceed their mandatory continuing legal education requirements. By mid-March 2024, 32,172 annual reports had been filed electronically for the 2023 compliance year. I am pleased to report that 99% of the active members of the North Carolina State Bar complied with the mandatory CLE requirements for 2023. The annual reports show that North Carolina lawyers took a total of 472,091 hours of CLE in 2023, or 14 CLE hours on average per active member of the State Bar.
The CLE program operates on a sound financial footing and has done so almost from its inception over 30 years ago. Funds raised from attendee and non-compliance fees not only support the administration of the CLE program but also support three programs that are fundamental to the administration of justice and the promotion of the professional conduct of lawyers in North Carolina. The program’s total 2023 contribution to the operation of the Lawyers Assistance Program (LAP) was $272,280.02. As of September 30, 2024, the board has also collected and distributed $289,503 to support the work of the Equal Access to Justice Commission and $289,503 to support the work of the Chief Justice’s Commission on Professionalism. In addition, the CLE program generated $72,378 to cover the State Bar’s costs for administering the CLE-generated funds for the LAP and the two commissions.
Last year the NC Supreme Court approved sweeping changes to the CLE rules and procedures to improve the program. The new rules took effect on March 1, 2024. A few of the major highlights include a two-year reporting period, an annual attendance fee, course application fees, and the elimination of the requirement to file an annual report. To create a stagger where the reporting period ends for half of the lawyers each year, lawyers with an odd year of admittance have a one-time, one-year/12-hours requirement. Even year lawyers have gone directly to a two-year/24-hours reporting period.
The State Bar has worked closely with the programmers to develop new regulatory management software, which includes a new CLE database and lawyer portal. The staff have been actively using the software, and the sponsor portal will be launched soon.
Regrettably, the terms of our chair, Adrienne S. Blocker, and board member Leah Ann Kane have come to an end. They will be greatly missed.
The board strives to ensure that the continuing legal education requirements meaningfully advance the competency of North Carolina lawyers. We welcome any recommendations or suggestions that councilors may have in this regard. On behalf of the other members of the board, I thank you for the opportunity to contribute to the protection of the public by overseeing the mandatory continuing legal education program of the State Bar.
Board of Paralegal Certification
By Benita Powell, Chair of the Board of Paralegal Certification
Our program continues to do the good work of the North Carolina State Bar by serving the public and contributing to the improvement of legal services offered in this state. North Carolina’s Paralegal Certification Program exists for two reasons: First, to assist in the delivery of legal services to the public by identifying individuals who are qualified by education and training and have demonstrated knowledge, skill, and proficiency to perform substantive legal work under the direction and supervision of a licensed lawyer; and second, to improve the competency of those individuals. Nineteen years after the first application for paralegal certification was accepted by the board in 2005, there are today over 3,680 North Carolina State Bar certified paralegals. I am proud to report that, under the guidance of the Board of Paralegal Certification and with the tireless efforts of various volunteers and staff, our program is thriving and continually achieving the very purpose for which the State Bar Council created the program. Importantly, our program is entirely self-sufficient.
Since 2020, our program has administered our certification exams via remote proctoring. Our use of remote proctoring has allowed more paralegals from all parts of North Carolina to take the exam, rather than requiring examinees to incur the expense of traveling to an in-person exam. The software used to remote proctor the exams (Examsoft) has produced minimal, if any, technological issues for examinees and assists us in ensuring the integrity of our exam. This year, we administered our first exam of the year in June (rather than the traditional administration month of April) to provide recent May graduates the opportunity to take the certification exam shortly after graduating from their respective programs. On June 8, 2024, we administered our paralegal certification exam to 162 applicants via remote proctoring; of those applicants, 86 achieved passing scores and were certified by the board. Over the past two years, a committee was appointed to update the certification exam and ensure the content of the exam was relevant to the experience of paralegals in today’s legal services. On October 5, 2024, we administered the new exam via remote proctoring to 132 applicants, with exam results released in December. We continue to see impressive numbers of applicants and new certified paralegals on a yearly basis, and we expect these trends to continue in 2025.
Also, in 2024 the board will have considered over 3,600 recertification applications. To maintain certification, a certified paralegal must complete six hours of continuing paralegal education (CPE) credits annually, including one hour of ethics. I am pleased to report that certified paralegals have continued to improve their competency by taking over 21,000 hours of CPE in the last 12 months.
In 2020, the Supreme Court of North Carolina approved the rule amendment presented to the State Bar Council at the end of 2019 that allows a paralegal to qualify to take the paralegal certification exam based upon the applicant’s work experience. The new rule recognizes our state’s valuable and experienced paralegals who did not obtain particular degrees prior to joining the paralegal profession by allowing paralegals with five years of paralegal work experience plus ethics training to qualify for the exam. The board feels this new rule works well with our ongoing educational requirements, allowing only those paralegals who have demonstrated specific educational achievements or substantial paralegal work experience to sit for the exam, thereby ensuring the high standards communicated by our certification process. We are thankful for the State Bar Council’s and Supreme Court’s support of this rule amendment. I am happy to report that over the past five years, 123 paralegals qualified to sit for our certification exam by way of their work experience. In 2025, we again expect that number to grow.
Our exam continues to be a strong and objective measure of proficiency for paralegals, and we are ever striving to improve both the content of the exam and the testing experience. As noted earlier, our Paralegal Certification Committee has been working hard on reviewing and revising the certification exam in 2024. This substantial effort produced a new exam for 2024 that is both rigorous and relevant, and that ensures paralegal certification carries the important weight of objective proficiency that was its intent when created. Additionally, our psychometrician, Dr. Terry Ackerman from the University of Iowa, has retired and a new psychometrician, Dr. Adam Meade from North Carolina State University, has been hired on a contract basis to provide psychometric services. We also continue to utilize ExamSoft and its testing program, Examplify, for all our testing needs. ExamSoft is a secure, cloud-based software that is used by many law schools and on most bar exams. The program’s significant capabilities help streamline all aspects of the testing process, from writing and storing exam questions to grading and analyzing exams. We are excited that the use of this software and its remote proctoring capabilities have proven useful in reaching more paralegals in more parts of the state, thereby increasing paralegals’ access to our program and the public’s access to improved legal services via certified paralegals.
We continue to be thankful for the State Bar Council’s support of our program, including its thoughtful consideration in appointing the chair and vice-chair during the October 2024 meeting that will carry forward and build upon the tradition of excellence and integrity that embodies our program.
The Board of Paralegal Certification looks forward to continued success certifying qualified paralegals to help with the delivery of legal services to the citizens of North Carolina. We welcome any recommendations or suggestions that councilors may have for ways in which the board might improve the paralegal certification program. On behalf of the other members of the board, thank you for the opportunity to contribute to the protection of the public by overseeing this important program of the North Carolina State Bar.
Board of Legal Specialization
By Matthew Ladenheim, Chair of the Board of Legal Specialization
North Carolina’s Legal Specialization program exists for two reasons: First, to assist in the delivery of legal services to the public by identifying lawyers who have demonstrated special knowledge, skill, and proficiency in a specific field, so that the public can more closely match its needs with available services; and second, to improve the competency of the Bar. I am proud to report that, under the guidance of the Board of Legal Specialization, and with the tireless efforts of the specialty committees and staff, our program is stronger than ever and continually achieving the very purpose for which the State Bar Council created the program in 1985. On top of that, our program is entirely self-sufficient.
With the addition of 45 new specialists last November, there are more than 1,150 certified legal specialists in North Carolina. The State Bar’s specialization program certifies lawyers in 14 specialties. This spring, we received 108 applications from lawyers seeking certification. Of these applicants, 98 met the substantial involvement, CLE, and peer review standards for certification and were approved to sit for their respective specialty exams. Certification exams were administered using a combination of remote proctoring through ExamSoft, the software program our board has employed in administering our exams for the past seven years, and in-person at the State Bar Building. We began offering remote proctoring in 2020 and it has successfully increased access to our program across the state by eliminating the barriers of time and travel that may have previously prevented lawyers from pursuing certification.
The board remains active in evaluating its own administrative rules and its current roster of specialty certifications to identify and pursue improvements in the program for the betterment of the public and the profession. I am thankful and proud to know that the State Bar Council and the Supreme Court approved the creation of a new specialty certification in employment law in 2024; this area of law was identified to the board as a developing and increasingly important area of law in need of a resource for the public to identify lawyers who have objectively demonstrated proficiency in the field. The board remains grateful to the council for its support of the specialization program as we strive to improve what is already a nationally respected specialty certification program.
The Board of Legal Specialization typically holds an annual luncheon in the spring to honor both long-time and newly certified specialists. In May of this year, the board hosted a luncheon in Raleigh to honor those who obtained their initial specialty certifications in 2023, as well as those who reached the important milestones of 25, 30, and 35 years of specialty certification in 2024. The event was a great success, and our hope is that, in addition to holding our annual luncheon, we can also host smaller events in the western, central, and eastern parts of the state in 2025.
I am also happy to report that the Jeri L. Whitfield Legal Specialty Certification Scholarship Fund established to provide scholarships for specialization application fees for prosecutors, public defenders, and non-profit public interest lawyers who wish to become certified specialists continued to experience success in 2024. The fund is administered by the North Carolina Legal Education Assistance Foundation (NC LEAF). We received several donations from specialists and board members during 2024, as well as a generous grant of $1,000 from the North Carolina Bar Association Foundation. All contributions are tax-deductible and can be made through NC LEAF. As a result of this scholarship fund, I am pleased to report that seven public interest applicants received scholarships this year, thereby offering these lawyers the opportunity to not only attain certified status, but also instill trust and confidence in the legal services received by the clients they serve.
Our exams continue to be a strong and objective measure of proficiency for the various specialties, and we are constantly working to improve both the content of the exams and the testing experience. Our psychometrician, Dr. Adam Meade from NC State University, continues to provide psychometric services. We continue to utilize ExamSoft and its testing program, Examplify, for all of our testing needs. Examsoft is a secure, cloud-based software that is used by many law schools and on most bar exams. The program’s significant capabilities help streamline all aspects of the testing process, from writing and storing exam questions to grading and analyzing exams.
Also in this year’s specialization news, the State Bar Journal featured interviews with myself, focusing on my trademark practice in Huntersville and transition to the role of board chair; Peter Ledford, a utilities law specialist from Raleigh; and Zaneta Robinson, a trademark specialist from Winston-Salem. Additionally, the director of our program, Brian Oten, continues to serve as chair of the American Bar Association’s Standing Committee on Specialization, thereby adding to the impressive national profile that our program enjoys.
In July of this year, three members rotated off the Board of Legal Specialization: Gina Cammarano, Patti Head, and Jan Pritchett. Ms. Cammarano served for three years with enthusiasm and insight; Ms. Head served for six years and contributed ideas, perspectives, and passion for the work of the board; Mr. Pritchett served for seven years, including the past two years as chair of the board, bringing wisdom, leadership, and humor to the program. They will all be sorely missed. The board is thankful for the State Bar Council’s continued support of our program, including its thoughtful consideration in its appointment of Cynthia Aziz of Charlotte, Dan Pope of Raleigh, and Damon Seils of Carrboro. The board is also grateful for the council’s appointment of Barbara Morgenstern as vice-chair to the board, and I am humbled by your action in appointing me to serve as chair of the board. The board looks forward to continued success in certifying lawyers in their specialty practice areas, thereby contributing to the State Bar’s mission of protecting the public by improving the quality of legal services available to the people of this state.
The specialists who serve on the board’s various specialty committees are vital to the specialization program. The specialty committees write the standards for their specialty, vet all applications for certification and recertification, draft and grade the certification exams, and make certification recommendations to the board on applications. The program includes more than 100 specialists who volunteer extraordinary amounts of time and talent to the specialization program. It is one of the largest volunteer efforts of the State Bar. The program would not be nearly as successful if not for their efforts.
Lastly, it is with a heavy heart that I report the program’s managing director, Denise Mullen, is retiring this November. Ms. Mullen guided the program for the past two decades, overseeing the creation of multiple new specialties and raising the program’s profile both within the state and nationally for the benefit of the North Carolina legal profession. We are sad to see her go, but we are excited for her as she begins her next chapter. The board wishes to express its most sincere thanks to Ms. Mullen for her years of service and significant contributions to make this program the shining example of lawyer specialty certification that it is today. Notably, the board is happy to report that the program’s certification coordinator, Sheila Saucier, has agreed to become the program’s new managing director. We anticipate a smooth transition for Ms. Saucier, and know she will do a fantastic job continuing the tradition of excellence enjoyed by our program.
On behalf of the board, I want to express my sincere appreciation to the members of the Council for your continuing support of the Legal Specialization program.
Lawyer Assistance Program
By Robynn Moraites, Director, NC Lawyer Assistance Program
This year marks the NC Lawyer Assistance Program’s 44th year of operation and we have had a busy year. We opened 143 files, bringing the total number of open cases to 607. We closed 33 files, resulting in a combined total of 574 open cases at year’s end. We have assisted approximately 15% of the bar since our program’s inception in the late-1970s.
Trends remain consistent, year after year. The most common issues that lawyers and judges struggle with are anxiety, depression, and alcoholism. However, over the past several years, more lawyers and judges have sought help with stress before it morphs into more debilitating conditions. This is particularly true post-COVID and with the influx of new technology: everything from the odyssey of e-courts to artificial intelligence.
Many news articles and journalists have identified a consistent post-COVID trend of people having little-to-no patience, being quick to anger (and getting angrier) across the societal spectrum, particularly in the services industries. In addition, the rollout of e-courts and rapid infiltration of artificial intelligence into day-to-day legal practice is adding layers of new and different kinds of stress.
So, it is not surprising that we have seen a steady increase in stress as a primary identified issue. This trend, along with our self-referral rate, which climbed another percentage point to 66% this year, are good indicators that our well-being messaging is effective and working.
We are in the process of rolling out our new website. The technology has advanced so much in the past ten years that a website that was once state-of-the-art eventually became antiquated. Much of the content is the same, but we have added new subsections on trauma and well-being.
In addition to our website, we have several avenues we utilize to promote our program and services: CLE, our electronic newsletter and affiliated podcast, Sidebar, our quarterly LAP column in the State Bar Journal, and of course, our volunteers. LAP staff and volunteers recorded nine new Sidebar episodes and provided 61 CLE presentations. Our new resilience training entitled, “Calm in the Midst of Chaos,” has been a popular choice. That program is unique in that our volunteers speak first-hand about the resilience skills that have worked best for them in their lives and law practices.
As one of our volunteers stated in one of our CLE videos, “There’s life on the other side.” Our volunteers serve as living examples of the power and hope of recovery. I thank each and every one of them for the indispensable role that they play and the vital service they provide to our program.
For a detailed annual report, visit https://www.nclap.org/wp-content/uploads/2024/09/2023-2024-LAP-Annual-Report.pdf.
Filed Under: General News
