Voices of NCAJ North Carolina Advocates for Justice

Sean Cole is just one of many all-stars on the bill at NCAJ’s May 3 Proving Causation In Auto Trials CLE.
The importance of opening statements cannot be overstated. In fact, cases can be won or lost during opening statements. A great opening statement must be well prepared but still allow the attorney to adapt to new information.
In this episode of Voices of NCAJ, host Amber Nimocks speaks with veteran plaintiffs’ attorney Sean Cole of The Law Offices of Sean Cole to discuss the importance of jury selection and opening statements. Listen as Sean speaks about establishing arguments during opening statements and using strong storytelling skills to both engage and empower juries in personal injury cases.
Sean will present on opening statements on May 3 at NCAJ’s Proving Causation in Auto Trials CLE. To register for this and other CLEs visit ncaj.com/events. 
🎙️ Featured Guest 🎙️Name: Sean Cole
Connect: Law Offices of Sean Cole | LinkedIn
💡 Episode Highlights 💡[00:56] NCAJ CLE: Join Sean Cole as he speaks about opening statements on May 3, 2024 at NCAJ Headquarters for the Proving Causation in Auto Trials CLE. Register for this CLE at www.ncaj.com/events.
[01:49] Why are Opening Statements So Important?: Opening statements give attorneys the first opportunity to present the meat and potatoes of their arguments to the jury, and the importance of opening statements cannot be overstated.
[06:53] Compensatory Damages as a Deterrent: During opening statements, lawyers are permitted to discuss how compensatory damages can serve as a deterrent of future bad behavior even if punitive damages are not part of the case.
[09:19] Adapt and Overcome Adversity: Opening statements should be well prepared but should also provide attorneys with the opportunity to adapt to new information and events that come about.
[13:21] Storytelling as a Tool: Attorneys must be good storytellers in order to present arguments clearly and in a way that connects with jurors, no matter what their background is.
[22:04] Empowering the Jury: A lawyer can use the opening statement to empower the jury and remind them that, by serving on the jury, they are a part of something bigger than themselves and that they are serving an important purpose.
[25:51] Authenticity is Key: Plaintiffs’ lawyers must be authentic with the jury because it is the plaintiff who is asking the jury to compensate them in some way, and jurors are generally adept at determining when an attorney is not being genuine and authentic.
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“When someone lies to me . . . there's a reason they're lying. And for me, I think it's part of my ethical responsibility as a lawyer to expose someone.”
In this episode of Voices of NCAJ, host Amber Nimocks interviews Alex Charns, a criminal defense attorney in Durham who has written a book about the FBI's secret tapes on the Supreme Court of the 1960s and his decades-long battles to access them. After being inspired by David Garrow's book on FBI tactics against Martin Luther King Jr., Charns has embarked on a career-spanning pursuit of uncovering hidden truths through FOIA requests and litigation against the FBI. His latest book, FBI Snitches, Blackmail, and Obscene Ethics at the Supreme Court, sheds light on his 13-year legal battle to release secret FBI files, revealing shocking revelations about unethical behavior and blackmail involving a Supreme Court justice. 
🎙️ Featured Guest 🎙️Name: Alex Charns
Connect: Linkedin
Books:
Buy Local: Get Alex's books from The Regulator BookshopAmazon: FBI Snitches, Blackmail, and Obscene Ethics at the Supreme Court
💡 Episode Highlights 💡[01:20] Getting Inspired: In 1983, Alex was inspired to begin researching the possibility of an FBI investigation into the Warren Court after reading David Garrow’s account of the FBI’s attempts to take down Martin Luther King, Jr. through wiretaps, bugs, and threats.
[05:33] Determined for Answers: After the FBI called him paranoid for his FOIA request, Alex, undeterred, requested his own FBI file, where he discovered that the FBI was concealing the existence of a 2000-page file on the Supreme Court, so he sued them.
[08:45] Sincerely, SCOTUS: As he built his case and continued the research for his book, he interviewed ex-FBI agents and SCOTUS law clerks, wrote letters to the Court, and even got some interesting responses from a few justices themselves.
[10:48] Informer on the Court: In his first book, Cloak and Gavel: FBI Wiretaps, Bugs, Informers, and the Supreme Court, Alex made the shocking revelation that Justice Abe Fortas, who had become well-known for his role in ensuring the right to counsel for indigent defendants, was an FBI informer.
[14:40] What Did They Have on Abe?: Using wiretapping and other warrantless searches, Hoover and the FBI would obtain incriminating information about government officials–such as Justice Fortas’s close, unethical alliance with the President–to blackmail them into serving as informants.
[19:33] Secret Files: As part of the litigation, Alex was able to access Fortas’s informant files that even the FBI had hidden from the Senate during its Watergate investigation.
[21:10]...

“We're all working professionals that have busy lives, but sometimes we really crave that connection that comes from being in person. There's really no one-size-fits-all model for CLE, but I think we have the ability to offer people a lot of different options.”
In this episode of Voices of NCAJ, host Amber Nimocks speaks with guest Anna Kalarites, NCAJ Education Vice President and partner at Pishko Kalarites Lawyers. Amber and Anna discuss major shifts in continuing legal education, NCAJ's efforts to innovate and adapt, and upcoming events such as the wine tour CLE and the inaugural NCAJ Tournament Battle for the Advocates Cup as part of NCAJ's member engagement strategy. NCAJ CLEs really are something special and to ensure that remains the case, NCAJ is working with consultant Michelle Hughes to develop a strategic plan for the future of CLE programming. Tune in to hear what’s in store for NCAJ CLEs!
Get registered for these CLEs (and more) at ncaj.com/events.
🎙️ Featured Guest 🎙️Name: Anna Kalarites
Connect: Pishko Kalarites Lawyers | NCAJ | LinkedIn
💡 Episode Highlights 💡[01:48] Wine and CLE Credit?!: After this year’s Women’s Caucus, NCAJ will be embarking on a Yadkin Valley wine tasting and CLE, where attendees will get a 45-minute CLE between stops at three vineyards.
[03:02] NCAJ March Madness: To celebrate the start of NCAA March Madness, join us for the inaugural NCAJ Tournament Battle for the Advocates Cup, which will combine a 2-hour CLE, watching hoops, and playing some games of our own. This event is free and for NCAJ members only. 
[5:25] A New Era of CLE: In an exciting transitional time for CLE, NCAJ is finding a way to cater to those craving a return to in-person events, especially those outside the NCAJ office, while also recognizing the flexibility of online or in-office programs.
[7:28] A Moment of Reflection: After the life-altering experience of COVID, the legal profession finds itself in an incredibly dynamic era, so we salute the work that the Education Committee and others are doing to reflect on what works well and what can be improved.
[9:52] Growing with CLE: NCAJ is taking steps to meet the evolving needs of CLE attendees, such as connecting with other organizations at the first ever Summit of CLE and hosting in-depth training for CLE program chairs.
[11:45] NCAJ’s Special Sauce: NCAJ offers something different thanall the other places one can choose to get CLE credit. With unique offerings and devoted presenters, the experience at an NCAJ CLE is one of a kind.
[13:40] Getting Outside Perspective: In order to ensure NCAJ CLE messages reach the most people possible and in the best ways possible, NCAJ is working with consultant Michelle Hughes to develop a strategic plan for CLE programming
[16:15] The Heart and Soul of NCAJ: While the name may have changed, the NCAJ still has the “academy” mindset that ensures continued growth through continuing legal education.
Connect...

“There’s no shame in being broke.” Sam McGee, a self-proclaimed broke lawyer, knows the feeling and wants to give other lawyers the tools to avoid ethics violations when money gets tight.
In this episode of Voices of NCAJ, host Amber Nimocks previews the upcoming “Ethics Hot Issues'' CLE program with Sam McGee, Legal Affairs Counsel at NCAJ, Of Counsel with the Wilder Pantazis Law Group, and CLE panelist. 
Many ethics violations stem not from greed, but from financial pressures, something many lawyers have experienced. Instead of letting one’s problems spiral out of control, Sam explains the value of reaching out for help, which may help young lawyers see they’re not alone. While others may appear to have all the trappings of financial success, they’ve likely faced the same financial ups and downs as anyone else. Tune in to learn how to stay out of trouble! The CLE takes place on Feb. 21 virtually. Register here.
🎙️ Featured Guest 🎙️Name: Sam McGee
Connect: Wilder Pantazis Law Group | NCAJ | Email
💡 Episode Highlights 💡[01:20] Being a Broke Lawyer: Many ethical issues stem from a lawyer feeling like they are in an impossible financial situation, but Sam aims to share his experience as a broke lawyer to help others avoid ethical temptations that have major consequences.
[02:47] Built-In Buffers: While lawyers in large firms may have the requisite resources and administrative assistance to manage client trust accounts responsibly, solo practitioners or those in smaller firms likely don’t have the same support.
[03:54] Financial Woes, Not Greed: Rarely are lawyers who find themselves facing ethics violations motivated by greed. Typically, they are folks who are struggling financially and personally and feel justified in their actions or are simply in over their heads.
[06:27] There’s No Shame in Being Broke: Because legal success is often equated with financial success, lawyers facing financial troubles may let their shame lead to ethical wrongdoings instead of asking for help.
[08:59] Financial Transparency: Reach out to other outwardly successful lawyers, and you may learn that they’ve faced peaks and valleys in their careers and finances too. Mentors can be essential to helping young lawyers mitigate financial woes before they lead to ethical issues.
[11:22] A Marathon, Not a Sprint: Success takes time, but with discipline and hard work, you’ll slowly but surely go from “shoveling garbage” to achieving financial success, while also ensuring you’re covered on the rainy days in between.
[13:07] Beware of the Joneses: A desire for achievement and outward success are ingrained in the culture of legal practice, but the images that others project likely are not reflections of their inward struggles. Instead of looking to others, we have to figure out for ourselves what we truly value.
[19:02] Who to Look Out For: Deanna Brocker, Helen Baddour, and Lauren...

The practice of personal injury law is evolving rapidly. The sit-down, in-person meeting with a client to sign documents is no longer the default. Instead, when you get that call, you need to act fast and be able to meet the client wherever you need to, whether it is over text message, email, Zoom, or even at their house. 
In this episode of Voices of NCAJ, host Amber Nimocks and seasoned personal injury attorney Meredith Hinton discuss the upcoming program "Learning from the PI Pros." This CLE, designed for personal injury lawyers at all stages of their career, is a comprehensive masterclass focusing on personal injury cases from start to finish. From initial investigation, to major injury cases, to prosecuting tractor trailer cases, and more, you won’t want to miss out.  The CLE takes place on February 16, 2024 at the NCAJ headquarters in Raleigh and virtually.  Register here.
🎙️ Featured Guest 🎙️Name: Meredith Hinton
Connect: Ricci Law Firm Injury Lawyers | LinkedIn | Email
💡 Episode Highlights 💡[01:45] Without Clients, We Don’t Have Anything: “Learning from the PI Pros” will discuss the advancements in the intake and initial investigation of PI cases to help attendees screen and secure clients.
[03:33] The Evolution of PI Practice: With the advent of video calls and electronic documents, PI attorneys can now reach clients where they are, though flexibility is still important, especially for clients who still want the traditional experience.
[05:07] …But Some Things Remain the Same: As much as the practice has changed, listening to your clients tell their stories will always be the key to building trust.
[06:36] How to Know if PI Is Right for You: All of the attorneys that succeed in the PI field care deeply about their clients and are passionate about making North Carolina a safer place and holding companies accountable.
[07:55] Learning from the PI Pros: The CLE panel is full of “PI Pros” who were fundamental in Meredith’s growth as an attorney in the PI practice, including Don Higley, David Stradley, Ann Ochsner, and more!
[09:37] Seeing For Yourself: For auto wreck cases, Michelle recommends going to see the car or tractor trailer involved, and scoping out the scene of the wreck to better understand the perspectives of all those involved.
[11:40] Defensive Driving: More Important Now than Ever: PI cases slowed down during the pandemic when people weren’t driving as much, but now there seem to be more wrecks than ever, including an increase in the number of cases involving distracted driving and road rage.
[13:00] Who Needs to be in the Audience?: Anyone who does personal injury law can benefit from the “Learning from the PI Pros” CLE, from those new to the practice to those with years of experience. With...

“I love doing that kind of work. I think it really can make a big difference, one, in the lives of people, and then two, in holding wrongdoers accountable.”
In this episode of Voices of NCAJ, host Amber Nimocks speaks with Carma Henson, one of the four panelists for NCAJ’s Medical Malpractice “Back to the Basics” CLE. Carma is a partner at Henson Fuerst, where her practice focuses on nursing home litigation. She currently serves as NCAJ’s Membership Vice President and the Vice Chair of the American Association of Justice’s Nursing Home Litigation Group.
Carma highlights some of the fascinating topics she and her fellow panelists will cover at the Medical Malpractice “Back to the Basics” CLE on January 26, 2024. From corporate negligence to discovery issues and immunity statutes, Carma previews a wide variety of recent trends in nursing home litigation. Don’t miss out! The CLE takes place in-person at the NCAJ headquarters in Raleigh and is also available virtually. Register at ncaj.com/events.
🎙️ Featured Guest 🎙️Name: Carma Henson
Connect: Henson Fuerst | LinkedIn
💡 Episode Highlights 💡[01:41] “Back to Basics”: Carma previews what one can expect to learn at the Medical Malpractice “Back to the Basics” CLE, including updates in the practice area of nursing home abuse and neglect.
[03:06] Holding Wrongdoers Accountable: Soon after starting at Henson Fuerst, with the guidance of mentor Bob Fuerst, Carma began working on nursing home neglect cases, giving her the chance to make a significant difference in peoples’ lives.
[05:11] Providing a Broad Overview: Instead of the traditional CLE structure with narrowly focused presentations, the “Back to the Basics” CLE will cover a wide variety of topics from multiple perspectives, such as case selection, expert retention, investigation, and corporate negligence
[08:21] Power of the Purse: Corporate negligence, a frequently litigated issue in Carma’s cases, often involves financial decisions from higher up that prevent nursing home employees from giving their patients adequate care.
[11:18] Siphoning Money Means Inadequate Care: One of the most concerning recent trends in Carma’s practice is that nursing homes are hiding their money by directing it to other higher level corporate entities instead of using it to adequately staff their facilities.
[13:12] Finding the Hidden Gem in eDiscovery: Discovery can be challenging, but you have to know what to ask for and you cannot take no for an answer because you might end up striking gold with email discovery that demonstrates the level of control (and therefore neglect) coming from the top.
[15:36] A Mountain of Emails: Achieving success through email discovery involves knowing the topics you want to look for while also realizing that when you ask for a bunch of emails, you might be overwhelmed by the production.
[17:26] The Move to Simultaneous Designation: Instead of the traditional staggered approach to discovery scheduling orders, many med mal lawyers...