Law Talk With Bill Powers | From Legal Issues and Legislation to Practice Tips, Professionalism, and Policy Discussions

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 AttorneyCaroline Wingate Strauss - Custody Issues in NC - Charlotte Family Law Attorney What is Embezzlement - Crimes of Theft or Dishonesty by EmployeesDomestic Violence Protective Orders - 50B Orders in North CarolinaNC DWI Laws - Important Changes to the Ignition Interlock Laws in North CarolinaCivil 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 AttorneyCaroline Wingate Strauss - Custody Issues in NC - Charlotte Family Law Attorney What is Embezzlement - Crimes of Theft or Dishonesty by EmployeesDomestic Violence Protective Orders - 50B Orders in North CarolinaNC DWI Laws - Important Changes to the Ignition Interlock Laws in North CarolinaCivil 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 RawlsHonorable 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 StraussWhat is Embezzlement - Crimes of Theft or Dishonesty by EmployeesNC DWI Laws - Important Changes to the Ignition Interlock Laws in North CarolinaLife as a Charlotte Divorce Lawyer - Tom Bush and Bill Powers discuss the practice of law and the path toward becoming a Family Law AttorneyCivil Contempt, Criminal Contempt, and Motions to Show Cause in Charlotte NCDomestic Violence Protective Orders - 50B Orders in North Carolina

A driver's license in North Carolina is a privilege, not a rightIf 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-10LIMITED DRIVING PRIVILEGE INDEFINITE PRETRIAL REVOCATION (IMPLIED-CONSENT OFFENSE) - AOC-CVR-11LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING OR OPEN CONTAINER OR UNDERAGE ALCOHOL VIOLATION (N.C. CONVICTIONS ONLY) - AOC-CR-312LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING (OUT-OF-STATE OR FEDERAL - AOC-CR-352LIMITED DRIVING PRIVILEGE WILLFUL REFUSAL-AOC-CR-313INTERLOCK LIMITED DRIVING PRIVILEGE IMPAIRED DRIVING (N.C. CONVICTIONS ONLY)-AOC-CR-340For 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.htmlYou 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 RawlsHonorable 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 StraussWhat is Embezzlement - Crimes of Theft or Dishonesty by EmployeesNC DWI Laws - Important Changes to the Ignition Interlock Laws in North CarolinaLife as a Charlotte Divorce Lawyer - Tom Bush and Bill Powers discuss the practice of law and the path towards becoming a Family Law AttorneyCivil Contempt, Criminal Contempt, and Motions to Show Cause in Charlotte NCDomestic Violence Protective Orders - 50B Orders in North CarolinaLaw 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 CarolinaIn 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 PretenseEntrustment of Funds, Accounts, and Fiduciary DutiesStandards of Proof on AppealPreserving Issues for Appeal - De Novo Review Motions to DismissProtections afforded to Banking InstitutionsFELONY Sentencing Chart - Class C Felony in NC vs Class H FeloniesWhy 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: Findings of Fact - Standards of Review On AppealChild Support - Ordinary Child Support, Extraordinary Child SupportCourt Ordered Life Insurance - Alimony Award of Attorney's Fees - Equitable Distribution Findings of Fact - Family Law Legal IssuesNCCOA 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 253-54Child 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 LawNCCOA 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 SummaryDefendant appeals from the trial court’s order on equitable distribution, alimony, and child support as Ordered in Johnson County, North Carolina:2021-NCCOA-703No. COA21-68 / Johnston County, No. 17-CVD-3894 Wadsworth v. WadsworthIn 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...

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

In this episode of Law Talk, Tonya Graser Smith joins Bill Powers in a discussion regarding the differences between Criminal and Civil Contempt, possible penalties and sanctions for each, and the real-world application of the NC family laws to disputes. Failure to comply with a Court Order in North Carolina ordinarily has consequences. The nature of the Order and the type of alleged violation dictate the appropriate sanctions, if any. Charlotte Divorce Lawyers regularly litigate issues involving: Criminal ContemptCivil Contempt of Court Motions and Orders to Show Cause Failure to comply with a Court's Order regarding child custody, visitation, child support, PSS - post separation support, and alimony are common themes of disputes that may result in a Motion and Order to Show Cause.The "cause" in that instance would be to show why one party "should not be held in contempt of court." There are important differences regarding a Motion for Criminal Contempt and Civil Contempt Motions in North Carolina. If you have a suggestion for a topic of discussion or would enjoy hearing a certain guest, please email us at: [email protected] strongly recommend listeners consult with an experienced family law attorney in Charlotte, NC about the specifics of your legal inquiry and/or particular matter. The information contained on Law Talk with Bill Powers is not legal advice and therefore should not be relied upon as such.

Insurance Defense Lawyer John Nunnally joins Law Talk with Bill Powers, discussing:The Practice of an Insurance Defense Lawyer Professionalism Trial Strategies Professional Development DUE TO SAFETY CONCERNS REGARDING POSSIBLE TRANSMISSION OF SARS-CoV-2 AND THE POSSIBLE CORONAVIRUS, GUESTS OF LAW TALK WITH BILL POWERS ARE PRESENTLY RECORDED REMOTELY RATHER THAN IN-PERSON IN OUR STUDIO. PODCAST STUDIOS ARE CLOSE, SOUNDPROOF SPACES NOT CONDUCIVE TO SOCIAL DISTANCING. FACE MASKS DON'T DO MUCH FOR MICROPHONE / SOUND QUALITY. Therefore, for this podcast both Mr. Powers and Mr. Nunnally have been recorded remotely, at times affecting the richness of voices and/or resulting in occasional internet latency issues. We apologize in advance, extending our apology for any issues you may encounter. Thanks once again to our friend Rob Ingalls at Lawpods. Special thanks to Rob Ingalls at Future Self Podcast.A transcript of Law Talk with Bill Powers is available of this conversation with John Nunnally. If you'd like to hear from a certain guest or have a suggested topic for discussion please email us at: [email protected]

The Honorable Lucy Noble Inman of the North Carolina Court of Appeals joins Law Talk with Bill Powers, discussing:Standards of ReviewFindings of FactTrial Techniques Preserving the Record on Appeal DURING THE COVID-19 PANDEMIC, GUEST INTERVIEWS ON LAW TALK WITH BILL POWERS ARE DONE REMOTELY AND NOT "IN STUDIO." As such, depending on the internet connectivity, there are occasional latency glitches and background noises. Please accept our sincere apology for any issues.Special thanks to Rob Ingalls at Future Self Podcast. Rob incredibly friendly, professional, and easy to work with. We highly recommend Rob and his podcasting services. If you have topics of interest or suggested guest, please email us at: [email protected] A transcript of this episode will be available at: CarolinaAttorneys.com

Charlotte Lawyer and Master Coach Chris Connelly joins Law Talk with Bill Powers to discuss reviewing your law practice, life, and profession during the Coronavirus Outbreak. Now may be the time to take a step back and consider your practice. Is your career fulfilling? Bill Powers Topics for discussion include: Steps to taking a Professional SabbaticalWork-Life Balance for LawyersLaw Firm DevelopmentCareer TransitionSchedule a meeting with Connelly Coaching Have suggestions for topics or would you like to be a guest, contact Charlotte Lawyer Bill Powers.

Legendary Charlotte Divorce Lawyer Tom Bush joins Law Talk with Bill Powers to discuss the practice of law, life as a family law attorney, and the ups-and-downs of a busy domestic law practice.

Raleigh Criminal Defense Attorney John Fanney joins Law Talk with Bill Powers to discuss criminal charges and the courts during the Coronavirus Outbreak.

Noted Greensboro Workers' Compensation Attorney Jay Gervasi joins Law Talk with Bill Powers to discuss the practice of law

The law surrounding domestic violence in North Carolina is deceptively complex. In this episode, North Carolina Attorney Bill Powers answers the questions that matter to you when you when you or a loved one is involved in a domestic violence matter, including: What constitutes domestic violence? What is the difference between 50B and 50C restraining orders? What happens if I have criminal charges and a civil protective order? How a past or present relationship between the victim and the accused can impact a case. Can a domestic violence charge affect my divorce case? Does a domestic violence charge affect a claim for alimony? Ready to discuss your matter now? Call 704-342-HELP for your free and totally confidential consultation. That’s 704-342-4357. Is there a topic you would like to hear discussed on Law Talk? You can send us a message HERE. ATTORNEY PROFILE The 2017 North Carolina Super Lawyers Magazine includes Bill Powers on the: “TOP 100" North Carolina Super Lawyers List "TOP 25" in Charlotte Super Lawyers List 11 YEARS Selected to Super Lawyers Law Talk with Bill Powers is an educational resource only. The information presented on this podcast does not constitute legal advice and is not a substitute for consulting with an attorney. Every situation is unique; therefore, you should always consult with a licensed attorney before making any legal decisions. For more information on criterion for inclusion and membership information to North Carolina Super Lawyers Magazine, go to SuperLawyers.com

This episode is the first in a series of conversations directed towards lawyers, legal professionals, and law students. In this series, North Carolina Attorney Bill Powers digs into personal issues, patterns, personalities, unspoken truths, realities, and the lifestyle of being a lawyer.In this episode, Bill Powers sits down with Mecklenburg County District Court Judge Matt Osman to discuss his experience as a lawyer, his time as a Navy JAG officer, his path to becoming a judge, and the unique challenges he's faced since taking the bench.Is there a topic you would like to hear discussed on Law Talk? You can send us a message HERE.Have a legal issue you need to discuss with a lawyer? Call 704-342-HELP or send a message for your free and totally confidential consultation. ATTORNEY PROFILEThe 2017 North Carolina Super Lawyers Magazine includes Bill Powers on the:“TOP 100" North Carolina Super Lawyers List"TOP 25" in Charlotte Super Lawyers List11 YEARS Selected to Super Lawyers Law Talk with Bill Powers is an educational resource only. The information presented on this podcast does not constitute legal advice and is not a substitute for consulting with an attorney. Every situation is unique; therefore, you should always consult with a licensed attorney before making any legal decisions.For more information on criterion for inclusion and membership information to North Carolina Super Lawyers Magazine, go to SuperLawyers.com