Janet Ward Black

Occasionally we come across a person in our journey of life who has more than one admirable trait.  

But it is a rare thing indeed to meet someone, let alone be able to call them a friend, who seems to excel in everything they do and who embodies every superlative we use to describe what constitutes a wonderful human being.  

Janet Ward Black is just one of those people.  

She’s a beautiful soul who has quietly but effectively spent her life serving others.  She very much represents the best in North Carolina. 

A polymath is defined as someone who is competent in at least three diverse domains and integrates them into a top 1-percent skill.  

They bring the best of what humanity has discovered across multiple fields to help them be more effective in their core mission or professional advocation.

We are joined by attorney extraordinaire Janet Ward Black of the Ward Black Law Firm.

Law Talk is a non-partisan forum to discuss the law and legislation, developing legal issues, public policy, and practice tips for legal professionals and Lawyers in North Carolina.

We invite speakers from different backgrounds and perspectives to be guests.

Check out other Episodes of Law Talk with Bill Powers :

• Eben Rawls -Living Legend in the Law - "The Journey" 
• Honorable Lucy Noble Inman - Appellate Issues in NC, Standards of Review, and Trial Techniques 
• John Nunnally - Insurance Defense Lawyer - Professional Development and the Practice of an Insurance Defense Lawyer 
• Life as a Charlotte Divorce Lawyer - Tom Bush and Bill Powers discuss the practice of law and the path toward becoming a Family Law Attorney
• Caroline Wingate Strauss - Custody Issues in NC - Charlotte Family Law Attorney
• What is Embezzlement - Crimes of Theft or Dishonesty by Employees
• Domestic Violence Protective Orders - 50B Orders in North Carolina
• NC DWI Laws - Important Changes to the Ignition Interlock Laws in North Carolina
• Civil Contempt, Criminal Contempt, and Motions to Show Cause in Charlotte NC

What Does the State Bar Do?

The State Bar is the regulatory body for attorneys in your state. It licenses attorneys, provides education and resources to the legal community and public, and promotes justice.

But what does that mean? What does the State Bar do?

In this episode of Law Talk with Bill Powers, we take a look at what the State Bar is, how it is organized and comprised, and some of the things it does to regulate the legal profession.

We are joined by Legal Counsel to the North Carolina State Bar, Mr. Brian Oten.

Mr. Oten is an attorney and the Director for Ethics and Special Programs for the State Bar, Chief Ethics Counsel to the State Bar Council, and the Executive Director for the State Bar Board of Legal Specialization.

If you'd like to volunteer to be a guest on the podcast or suggest additional topics for Law Talk with Bill Powers, please email: [email protected]

Law Talk is a non-partisan forum to discuss the law and legislation, developing legal issues, public policy, and practice tips for legal professionals and Lawyers in North Carolina.

We invite speakers from different backgrounds and perspectives to be guests.

Check out other Episodes of Law Talk with Bill Powers :

• Eben Rawls -Living Legend in the Law - "The Journey" 
• Honorable Lucy Noble Inman - Appellate Issues in NC, Standards of Review, and Trial Techniques 
• John Nunnally - Insurance Defense Lawyer - Professional Development and the Practice of an Insurance Defense Lawyer 
• Life as a Charlotte Divorce Lawyer - Tom Bush and Bill Powers discuss the practice of law and the path toward becoming a Family Law Attorney
• Caroline Wingate Strauss - Custody Issues in NC - Charlotte Family Law Attorney
• What is Embezzlement - Crimes of Theft or Dishonesty by Employees
• Domestic Violence Protective Orders - 50B Orders in North Carolina
• NC DWI Laws - Important Changes to the Ignition Interlock Laws in North Carolina
• Civil Contempt, Criminal Contempt, and Motions to Show Cause in Charlotte NC

Questions you've always wanted to ask a Judge

Ever wondered how the court system works and what it's like to be a judge?

Today on Law Talk with Bill Powers, the Honorable Matt Osman joins us to discuss the responsibilities associated with serving as a District Court Judge in Charlotte, North Carolina.

• What goes through their mind when they're making a decision?
• How do they come up with their rulings?
• What's the process like?

Whether it involves family law or a divorce in Charlotte, misdemeanor criminal case, or DWI charge, District Court Judges handle a tremendous number of different types of cases.

If you are interested in the law, a law student, or a practicing attorney, we hope you learn from Judge Osman's perspective.

If you'd like to volunteer to be a guest on the podcast or suggest additional topics for Law Talk with Bill Powers, please email: [email protected]

Law Talk is a non-partisan forum to discuss the law and legislation, developing legal issues, public policy, and practice tips developed to provide information and educate.

We invite speakers from different backgrounds and perspectives to be guests.

Check out past Episodes of Law Talk:

• Living Legend in the Law - "The Journey" - Eben Rawls
• Honorable Lucy Noble Inman - Appellate Issues in NC, Standards of Review, and Trial Techniques 
• Insurance Defense Lawyer - John Nunnally - Professional Development and the Practice of an Insurance Defense Lawyer 
• Custody Issues in NC - Charlotte Family Law Attorney Caroline Wingate Strauss
• What is Embezzlement - Crimes of Theft or Dishonesty by Employees
• NC DWI Laws - Important Changes to the Ignition Interlock Laws in North Carolina
• Life as a Charlotte Divorce Lawyer - Tom Bush and Bill Powers discuss the practice of law and the path toward becoming a Family Law Attorney
• Civil Contempt, Criminal Contempt, and Motions to Show Cause in Charlotte NC
• Domestic Violence Protective Orders - 50B Orders in North Carolina

A driver's license in North Carolina is a privilege, not a right

If they took your license for Driving While Impaired (DWI), that's a big deal. You may not realize how valuable that little piece of plastic is until it's taken away.

Even with mass transit in Charlotte, getting to work and taking care of your family can be difficult, if not impossible, without a valid driver's license.

Frankly, the NC DWI Laws are complicated if not confusing, especially to those who have little to no experience dealing with the legal system.

People call us on a daily basis asking, "Can I get a Hardship License?"

Am I eligible for a Limited Privilege?

Whether you call it a Hardship License or Limited Privilege or a "Paper License," the process isn't as straightforward as you may think.

The North Carolina Division of Motor Vehicles (NCDMV) has a number of rules and regulations in place that govern who is eligible for driving privileges and under what circumstances.

What happens if I refused to blow?

There are several different types of Limited Driving Privileges in North Carolina.

For example, for just for DWI charges, there are privileges for:

• LIMITED DRIVING PRIVILEGE PRETRIAL REVOCATION (IMPLIED-CONSENT OFFENSE) - AOC-CVR-10
• LIMITED DRIVING PRIVILEGE INDEFINITE PRETRIAL REVOCATION (IMPLIED-CONSENT OFFENSE) - AOC-CVR-11
• LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING OR OPEN CONTAINER OR UNDERAGE ALCOHOL VIOLATION (N.C. CONVICTIONS ONLY) - AOC-CR-312
• LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING (OUT-OF-STATE OR FEDERAL - AOC-CR-352
• LIMITED DRIVING PRIVILEGE WILLFUL REFUSAL-AOC-CR-313
• INTERLOCK LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING (N.C. CONVICTIONS ONLY)-AOC-CR-340

For more information about DWI charges in Charlotte and Driving While Impaired in North Carolina, we have a LOT of content free to download on our website: https://www.carolinaattorneys.com/dui-dwi.html

You may also reach us by calling: 704-342-4357

[email protected]

A View from the District Court Bench in Charlotte

The courts are where we peaceably resolve disputes in North Carolina.

Whether it involves a divorce in Charlotte, criminal or DWI charges, District Court Judges are responsible for meting out justice in a tremendous number of cases.

Today on Law Talk with Bill Powers, the Honorable Matt Osman joins us to discuss how our courts work, how issues are resolved, and Judge Osman's path towards becoming a judge.

If you are a law student, practicing attorney, or just interested in the law and how things work in court, we think you'll find Judge Osman's insights and perspectives enlightening.

If you'd like to suggest additional topics for Law Talk with Bill Powers or volunteer to be a guest on the podcast, please contact Bill Powers at [email protected]

Check out past Episodes of Law Talk:

• Living Legend in the Law - "The Journey" - Eben Rawls
• Honorable Lucy Noble Inman - Appellate Issues in NC, Standards of Review, and Trial Techniques 
• Insurance Defense Lawyer - John Nunnally - Professional Development and the Practice of an Insurance Defense Lawyer 
• Custody Issues in NC - Charlotte Family Law Attorney Caroline Wingate Strauss
• What is Embezzlement - Crimes of Theft or Dishonesty by Employees
• NC DWI Laws - Important Changes to the Ignition Interlock Laws in North Carolina
• Life as a Charlotte Divorce Lawyer - Tom Bush and Bill Powers discuss the practice of law and the path towards becoming a Family Law Attorney
• Civil Contempt, Criminal Contempt, and Motions to Show Cause in Charlotte NC
• Domestic Violence Protective Orders - 50B Orders in North Carolina

Law Talk is a non-partisan forum to discuss legislation and the law, legal issues, policy, and practice tips.

I want to be a lawyer. . .

More than one high school and college student aspires to the profession, not fully understanding what it fully means to be an attorney and the commitment it takes to get there.

Unless you have an immediate family member who practices law, it may not be entirely obvious why people choose the law as a vocation.

Lawyers want to help people and make a difference.

Clearly, that is easier said than done.

Setting out to make a change and knowing how you want to do that, especially at 17-years-old, is truly remarkable.

But Broughton Senior, Jacob Rabin, is just that. He is a remarkable young man, and for more senior lawyers, serves as a shining star for the future.

Today on Law Talk with Bil Powers, we're joined by Aspiring Lawyer and Broughton High School Phenom, Jacob Rabin.

Jacob is well ahead of the curve in both his understanding of the law and the reasons why someone might want to choose the law as a profession.

We'll discuss Jacob's experience with the NC Mock Trial Competition, how he became involved, and what he's learned in the process.

Jacob and Bill also talk about Jacob's work on the NC State Bar Journal Article: The Wilmington Ten - Starting a Conversation.

The practice of law is a challenging way to make a living.  

At times it is deeply fulfilling, meaningful, and personally satisfying work.  It is a true honor and privilege to help clients in their times of need.    

Most lawyers go to law school because they care about people.  They want to make a difference.

It’s a principled decision, one predicated on a life dedicated to others and the highest and best aims of the law, that is, to serve the greater good.    

Justice, true justice, is a difficult endeavor. 

Criminal defense attorneys see, and in some instances, have personally lived through prejudices inherent in our system of justice.  

They tend to be the type of people who stand up to bullies and speak truth to power. 

Not everyone starts on the same path.  Not everyone has a straight road to success or is guaranteed success or personal satisfaction or even financial stability. 

In this episode of Law Talk with Bill Powers, entitled "The Journey," we are privileged to be joined by attorney Eben Rawls, premiere criminal defense lawyer in Charlotte and truly a Legend in the Law.

Eben's path is both fascinating and remarkable. We talk about:

• The daily practice of law its challenges
• Mindfulness
• Mental Health, Substance Abuse, and LAP
• Finding personal satisfaction and joy
• Helping People who might now want help
• Working Through Losses - "I lost a Client"
• Ten Percent Happier

If you have questions or proposed topics for discussion, please email Bill Powers at: [email protected] or contact him at the Powers Law Firm, P.A.

Embezzlement Charges in North Carolina

In this episode of Law Talk with Bill Powers, we take a look at the case of State v Steele (as written by the Hon. Valerie Zachary) and discuss:

• What is Embezzlement in North Carolina?
• What is Larceny by Employee?
• Embezzlement vs False Pretense
• Entrustment of Funds, Accounts, and Fiduciary Duties
• Standards of Proof on Appeal
• Preserving Issues for Appeal - De Novo Review
• Motions to Dismiss
• Protections afforded to Banking Institutions
• FELONY Sentencing Chart - Class C Felony in NC vs Class H Felonies
• Why cases involving $100,000 or more are so serious

This case is an important reminder that anyone who is entrusted with company funds must be scrupulous in their handling of those funds.

It also clarifies some important technical points for criminal defense lawyers in North Carolina and other legal professionals who work with Embezzlement charges in NC.

CORRECTION: North Carolina v. Steele is an opinion of the NC Court of Appeals authored by the Hon. VALERIE Zachary. We extend a sincere apology to Her Honor for referencing an incorrect first name.

Blow and Go

In is episode of Law Talk, guest host Rob Ingalls and DWI defense lawyer Bill Powers discuss the recent changes to the Ignition Interlock Device laws in North Carolina.

Both in the podcast and in the links below, information is available regarding:

• When is a "Blow and Go" required?
• Does the 45-Day Hold Still Apply?
• What is an Ignition Interlock Device?
• What are some of the purposes and policy perspectives behind the Interlock Laws?

Is a Breathalyzer Required?

While a common term people use, the Breathalyzer is actually a device not used anymore in North Carolina. The "Breathalyzer" used to be the evidentiary-level breath testing device.

It was was first replaced by the Intoxilyzer 5000 in North Carolina. North Carolina now uses a device produced by Intoximeters and is known as the EC/IR II.

DWI Breath Tests in North Carolina

CLARIFICATION:

Standard Hours on a Limited Driving Privilege are ordinarily deemed Monday through Friday, 6:00 a.m. to 8:00 p.m. Non-standard hours would be hours outside of "standard hours," and therefore may include weekends, nights, a times after 8:00 p.m. and/or before 6:00 a.m.

Limited Driving Privileges in North Carolina - Standards, Terms, and Protocols

Due to the complexities associated with Limited Driving Privileges in North Carolina, please consult with legal counsel to determine the terms and conditions, if any, for eligibility to drive in NC after a conviction for impaired driving, or after having been accused of DWI, and/or pursuant to installation of a "blow and go" as may be mandated by NCDMV.

Download a SAMPLE INTERLOCK LIMITED PRIVILEGE - IMPAIRED DRVING

Legal Issues Discussed:

1. Findings of Fact - Standards of Review On Appeal
2. Child Support - Ordinary Child Support, Extraordinary Child Support
3. Court Ordered Life Insurance - Alimony
4. Award of Attorney's Fees - Equitable Distribution

Findings of Fact - Family Law Legal Issues

NCCOA QUOTES:

• “It is well established that child support orders entered by a trial court are accorded substantial deference by appellate courts[.]” Sergeef v. Sergeef, 250 N.C.App. 404, 406, 792 S.E.2d 192, 193 (2016)
• This deference “is based upon the trial courts’ opportunity to see the parties; to hear the witnesses; and to detect tenors, tones, and flavors that are lost in the bare printed record read months later by appellate judges[.]” Shipman v. Shipman, 357 N.C. 471, 474, 586 S.E.2d 250, 253 (2003)
• Review is limited to “whether there is sufficient competent evidence to support the findings of fact, and whether, based on these findings, the Court properly computed the child support obligations.” Miller v. Miller, 153 N.C. App. 40, 47, 568 S.E.2d 914, 918-19 (2002) (citation omitted)

CONCLUSION:

• “Accordingly, should we conclude that there is substantial evidence in the record to support the trial court’s findings of fact, such findings are conclusive on appeal, even if record evidence might sustain findings to the contrary.” Shipman, 357 N.C. at 475, 586 S.E.2d at 253-54

Child Support - Extraordinary Expenses

Regarding “extraordinary expenses,” the Child Support Guidelines provide that, "[o]ther extraordinary child-related expenses (including:

(1) expenses related to special or private elementary or secondary schools to meet a child’s particular education needs, and

(2) expenses for transporting the child between the parent’s homes) may be added to the basic child support obligation and ordered paid by the parents in proportion to their respective incomes if the court determines the expenses are reasonable, necessary, and in the child’s best interest. N.C. Child Support Guidelines (2019)

Mandatory Life Insurance Policy - Not Consistent with NC Law

NCCOA QUOTE:

Section 50-16.7(b) does not create an exception from the rule that an alimony obligation terminates upon the death of either the supporting or dependent spouse. We therefore vacate the portion of the trial court’s order requiring Defendant to maintain life insurance with a death benefit. . ."

Caselaw Summary

Defendant appeals from the trial court’s order on equitable distribution, alimony, and child support as Ordered in Johnson County, North Carolina:

2021-NCCOA-703

No. COA21-68 / Johnston County, No. 17-CVD-3894 Wadsworth v. Wadsworth

In a Published Opinion, the North Carolina Court of Appeals affirms in part, vacates in part, and remands the case to the Trial Court (the District Court Judge) for entry of an award of attorney's fees not to include fees associated with equitable distribution.

Child Support in North Carolina

**The attorneys herein providing a case law summary have no affiliation with the parties and/or involvement in the matter. The contents herein are provided as an educational resource and are intended to provide general information to legal professionals, law students, and those interested NC family law policies and protocols.

Top 5 Tips for Custody

Charlotte Family Law Attorney Caroline Wingate Strauss joins Law Talk for a year end (December 2021) review of family law and custody issues in Charlotte Family Court. Surviving the Holidays can be a challenge.

There are a lot of custody exchanges take place during the holiday season that may differ from the ordinary custody and visitation that may in place during the year.

What are the Best Interests of the Child?

In any custody and visitation analysis, the child's well-being is the Polar Star consideration by Courts (judges) in North Carolina. The "guiding light" involves focusing on the Best Interests of the children.

Helpful Tips for Child Custody:

1. Try to Keep it Out of Court
2. Shared Custody is Preferred
3. Keep Kids Out of It - Don't Use Children as Intermediaries, Weapons, or Confidants
4. Engage Professionals if Needed - Attorneys, Mental Health Counselors, Psychologists, Family Therapists, Physicians, Clinicians, Experts
5. Get an Order or Parenting Agreement
6. BONUS: Consult with an Attorney who is an experienced parent

Is a Lawyer Required for Divorce?

Ordinarily, a lawyer is not “required." Judges rarely demand attorneys be retained or get involved.

At the same time, family law issues can get pretty complicated. While not required, a lawyer may be very helpful in explaining the processes and how things work in Family Court.

Is a Lawyer Required to Get Divorced?

Does Collaborative Law make sense?

Collaborative law allows spouses to resolve family law disputes outside of court. Rather than going through trials and sometimes emotional proceedings, the parties work through the collaborative process to solutions to disputes.