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Welcome to Voices of NCAJ.
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We're talking to members of the North
Carolina Advocates for Justice about what
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it means to be a trial lawyer, what it
takes to be great at the practice of law,
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and how being a part of NCAJ
enriches their lives and careers.
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Produced and powered by LawPods.
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Welcome everyone to Voices of NCAJ,
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the podcast for the North Carolina
Advocates for Justice. I am Amber Nimocks,
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your host and director of
external affairs for NCAJ.
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Before we get started,
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I'd like to thank our circle of leadership
gemstone level members for supporting
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NCAJ's mission and this podcast.
If you're watching on YouTube,
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you can see a list of circle of leadership
firms at the end of the podcast.
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To find out how your
firm can join the circle,
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go to ncaja.com/circle.
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I'm starting out today with two guests.
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One is Friend of the Pod and NCAJ
Governmental Affairs consultant,
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Chris Nichols. Chris is not here today
to talk about governmental affairs,
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however,
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he is here in his capacity
as recipient of NCAJ's:
2025
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Charles Beckton Teaching Award.
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Chris won the award last
year in recognition of his
longtime contributions to
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NCAJ's continuing legal education
programs and his leadership in the North
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Carolina Mock Trial Program.
As it is February,
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we are in the thick of both CLE
and mock trial season. So Chris,
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we really appreciate you taking the
time to be here. Welcome to the program.
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Thanks a.
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Lot, Amber.
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And you can check out all the CLEs NCAJ
has on tap to help you meet your CLU
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requirements this month
at ncaja.com/events.
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Chris is going to fill us in on
those in just a little while,
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but first we're going to welcome real
live mock trial participant, Sam Circosta,
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to give us an update on how things
are going out there in the mock trial
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courtrooms. Sam, welcome to the podcast.
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Hey, thank you so much for having me.
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So Sam, tell us a little
bit about yourself.
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What grade are you in and how long have
you been participating in mock trial?
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So yeah, hi, I'm Sam. I'm a current
senior at Broughton High School,
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and this is my fourth year
actually competing with mock trial.
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I started off my freshman year
and I've stuck around ever since,
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and it's a little sad to see
it go. Sam's my team captain.
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Oh, okay.
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What made you walk through the door of
the first mock trial meeting and sign up?
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The funny story is I actually had a trip
for my uncle's wedding the day of my
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first ever mock trial meeting. And so
originally it wasn't supposed to happen,
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but a couple of friends informed me that
the people who were presenting the next
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mock trial meeting were
the former state champions.
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And when I heard state
champions, I was like, "Oh,
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sign me up." That's when I decided to
stop by and I have stuck with it ever
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since.
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Cool. Awesome.
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And so you guys just coming off a
big competition this last weekend,
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this first weekend in February,
what was that and how did it go?
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So yeah, we just finished up the
first competition of the whole ladder
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systems and championships
of the mock trial universe.
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This was our regional competition and
we competed at the Raleigh District
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Courthouse, which was really great.
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While we didn't make it
to the regional finals,
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and that means we can't
advance to the state finals,
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we did a really awesome job. Overall,
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just an amazing performance from both
of Broughton's teams and just everybody
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involved. And it was just a fun time.
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Your mock trial days have
now come to an end then?
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Yeah, it hasn't really
hit me yet. It appears so.
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It was kind of tough really walking out
of that last courtroom and just being
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like, "Man, this could be the end.".
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Oh, wow. Looking back, I guess,
yeah, you've got a lot to process.
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What was your favorite part about being
on the mock trial and taking all these
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instructions from Chris
Nichols over the years?
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Yeah. So I mean, for context,
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I compete in a lot of competitive
based high school extracurriculars.
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So not only do I do a mock trial,
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but I'm also part of our speech and
debate team and I'm a part of our school's
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DECA chapter,
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which does CTE related competition
events in kind of a similar
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fashion to mock trial.
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What stuck out to me and what's been my
favorite part about doing mock trial is
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it's the most team-like event
that you can do without having to
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go work out and get on a field
or do anything like that.
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For a lot of the stuff I do, it's fun,
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but it's very individual focused.
Whereas with a mock trial team,
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it's critical that you work with different
viewpoints and who ultimately want to
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accomplish the same goal.
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It's also really helpful that North
Carolina puts so much effort into just
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making sure the competition runs smoothly,
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that there's clear rules and clear
expectations of what you need to do and
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really help easy and helpful. They've
established kind of certain guidelines
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that help bring in new people very easily.
And overall, it's just really nice,
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fun, easy program to
just get involved with.
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That's awesome. That's awesome.
That's great. Yeah. It's so huge now.
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There's so many kids involved and it's
like such a labor of love for all the
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volunteers that dedicate so much time
to it. They get as much out of it,
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I think, as the kids do. I would
guess because they keep coming back.
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Oh, for sure, for sure. Enjoying it.
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Year over year. What are you doing now?
You're a few months from graduation.
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What are your plans?
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Yeah. I mean, I try not to
think about it too much,
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but I've heard back from some of my
colleges and it looks like we studying
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economics at the University of
Michigan. I'm very excited about that.
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Congratulations.
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Yeah, thank you. But as it
goes for the rest of my career,
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I'm still trying to see
how everything falls out.
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I'm going to try to draw on
some of my past experiences,
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especially those mock trial ones and just
kind of map out what I'm doing. Well,
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good luck. Good.
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Luck.
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Thank you so much.
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And the great thing about mock trial is
we're not necessarily training lawyers.
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We're just training leaders. That's what
Sam has been for the last four years.
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He's kind of held it all together
when you've got two teams, 16 people,
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everybody's got a
hundred extracurriculars.
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Sam did a really great job of
keeping us all on track and getting
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practiced and things written up. And we
had a tough draw in our second round.
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We went against the team that last
year was 11th in the nation from North
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Carolina. They're really amazing,
but it's an elimination round.
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So only one team's going forward
and we got the very hard one.
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We'd had them the year before
in the regional round too.
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So it was like our
national championship on.
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Saturday. Only one team can win.
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So I'm glad that you were in there for
four years though.That's a real testament
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to the experience that students are having
as well if you kept coming back when
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you had the opportunity to
participate in so many other things.
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So we're glad that you did.
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Oh, it's amazing.
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Best of luck to you, Sam.
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Thanks so much for being in mock
trial and for being on the podcast.
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Thank you so much for having me.
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Thanks for coming, Sam. I'll see
you Thursday for our debriefing.
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That's right. All right.
Bye guys. Thank you.
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So pretty tough break there going
up against the 11th in the nation
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team again.
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Yeah. They're really good. I mean,
and it's fun to go against them.
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It's like a lot of things when
your competition's really good.
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It brings out the best in you.
And I think it did for our kids,
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but still a tough draw.
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So how long have you been doing
this your whole legal career, right?
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More than my legal career.
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I actually started coaching when I was a
second year law student at Wake Forest.
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I didn't really know what NCAJ was. I
just knew that I wanted to coach a team.
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It seemed like fun.
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I did it in high school for one
year and I thought it'd be neat
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to continue. And here
I am, 32 years later.
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Wow. And you were able to coach your
daughter when she was at Broadon, right?
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I was, yeah. She graduated from high
school in:
2019
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I actually coached her middle school.
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There was another program that did middle
school mock trial and then followed
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her to Broughton and Broughton had had
a team and they'd sort of stopped doing
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it. So we revived it and
that team is still going now.
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So I guess it's the 10 year
anniversary of, for me,
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of starting that up this last competition.
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I can't keep track of how many teams
there are now across the state.
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Do you know off the top of your head?
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So we had, I think it was 120
teams competing this year.
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There were actually some teams that were
not able to compete because we didn't
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have enough slots.
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The way it works is all of the teams
compete on the same Saturday for regionals
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across the state. So this
Saturday was two in Raleigh.
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We had one in Greenville
just spread across the state.
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You could probably smell the tension.
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It's a really nerve racking thing.
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So there was the Duke Carolina
game and that was kind of tense,
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but really there- It.
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Was really key actually.
Yeah. Yeah. Yeah. It was.
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Cool. So what about this program that
keeps you coming back for 30 plus years?
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Well, you just saw it. It's like
kids like Sam. Their enthusiasm,
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their ability,
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watching them grow to see a nervous
freshman come on and leave a
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confident senior, it's
always surprising. I mean,
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I think any trial lawyer
who's tried a case knows that
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trial is terrifying and
exciting all at the same time,
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and mock trial is exactly the same
way. So it's a lot of work. And also,
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I'd be remiss if I didn't say I don't
do it alone. I have two co-coaches,
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Tanya Malik and Dale Stevenson.
They're both attorneys. And so
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all three of us work together. And I
have a high school teacher at Broughton,
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Laura Leinberger,
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who also makes sure that we're following
all the school rules and things like
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that. It's a labor of love for a lot of
people, and that's true for every team.
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There's no team that does it with just
one coach. It takes a couple people to
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get it done.
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NCAJ has been intimately
involved in this for years,
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and it's exciting.
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I get to go sometimes to the state
finals and take pictures of the teams.
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It's really great to just see the kids
all dressed up like little junior lawyers
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in their suits and come out of
their rounds and line up for photos.
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And you can just ... They really do
seem like they're learning so much.
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And particularly, I appreciate
what he said about teamwork.
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They're not a whole lot of places
where kids learn that kind of teamwork
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outside of the athletic field. I
mean, I think that's really special.
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Most of the intellectual sports
are sort of individual to a large
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degree. And when they're
doing these trials,
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you've got three lawyers
and three witnesses and the
lawyers are passing notes
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back and forth to each other. And if they
get an objection from the other side,
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they might be handing a piece of paper
to their co-teammate to help them argue
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that objection. It's really fun to see.
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And particularly when they start
off the year going, "Hearsay what?
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" And then at the end,
just this last weekend,
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one of my kids who was a brand
new mock trial or first time,
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there was an objection to
hearsay. And the judge said,
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"What's your response to that?
" And he was like, "Well,
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hearsay is an out of court statement
offer for the truth of the matter
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asserted." It was just
amazing to see that change.
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Oh, that's awesome. Yeah.
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NCAJ has been doing that for
as long as it's been around,
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so I guess for three decades and continues
to support it financially as well as
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with so many members who do this as their
volunteer work. So it's great to see.
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We've got a lot of volunteers, but
it's been great to see it expand too.
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The state bar has been a great supporter.
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Chief Justice Newby is a big supporter.
It's a heavy lift for everybody.
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And so I would encourage people who
support mock trial with their time,
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their efforts,
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and also their money to keep doing
it because it is a great program.
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And the civic education of it is amazing
because one year it's a criminal case,
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one year it's a civil case.
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This year's case had to do with
a doctor who may or may not have
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inappropriately prescribed opioids to
someone who may or may not have needed
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them, resulting in their
death. And so it's topical.
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It gets the kids talking about things
and there's probably never been a time
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where it's more important to talk about
what the Constitution means and what it
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means to be considered innocent until
proven guilty and things like that. We're
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practicing it, but we're
playing it out in real time.
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Yeah. Any way you can
make issues like that,
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relevant high school students make
it seem real. That's really key.
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Once you do it for a little
while and start talking to them,
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then they'll start arguing
with each other about it,
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about the rules of evidence and about
the principles behind the rules of
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evidence.
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And that's when you know
you've accomplished the goal
because it's become part
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of them.
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Right. And they're doing it like live
and in person with each other and not via
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Instagram or on social media
where you can- Exactly.
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Social media free zone for
that moment. That's awesome.
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I'm sorry that your
team is not proceeding,
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but I guess that does give you a little
bit of extra time because you've got a
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couple of other things coming up on your
schedule in February education-wise for
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NCAJ.
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January, February are busy months.
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So on Friday, February
13th, this coming Friday,
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and the podcast will probably be
out after this CLE takes place,
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you will have a full house.
This thing is sold out,
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the UIM Unpacked CLE,
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sold out in person and going to be
very well attended virtually as well.
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And then anyone who is interested
can look for it in the NCAJ on
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demand catalog, but not until March.
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So what is it that you will be
talking about as part of this program
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on Friday?
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Well, even though you said I
wouldn't have my legislative hat on,
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I will sort of have my legislative hat
on for that because I'm talking about the
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new laws as well as sort of the
overlap on raising the minimum
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limits, the legislative history
of how we got those rules,
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and then how they fit into the statutes
now and how they can move forward.
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We've got a lot of great speakers.
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And one of the things I think that's
going to be really good about this seminar
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is we're bringing in a
panel of arbitrators who are
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frequent arbitrators, Walter
Burton, Kevin Elliot, Mike McDaniel,
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and those are people that get
picked by defense lawyers.
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They're people that serve as neutrals.
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I've served on panels with
them and they're going to
be talking about their kind
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of direct practical experience as an
arbitrator to help us understand how to
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be more persuasive in arbitrations.
That alone is worth the price,
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even on replay.
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Even on replay. Well, on replay, yeah,
you can slow down and listen to it again.
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Exactly.
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So that's.
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Good. And then February, of course,
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is packed because it's when everybody
is remembered that they need CLE.
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I think it's on February 20th,
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we have the DWI program coming up.
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You are not on the DWI bill this time,
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but you have been on this
many times in the past.
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This is Bill Power's DWI program.
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What can CLE folks or CLE takers expect
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from this program, you think?
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This is always a great program.
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And I participated a couple times that
Bill's asked me to sort of talk about the
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civil side of DWI cases and how criminal
defense lawyers and personal injury
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lawyers should really be cooperating.
But for this particular one,
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we're still focusing on DWI,
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but Bill's got Judge Chris Brooks
coming in on DMV revocations,
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a Superior Court Judge Osman from
Mecklenburg County to talk about jury
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selection, professionalism. Let's see.
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John Hutchins and Michael
Neese are going to talk about,
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do the case law update. Ron
Shook, who's one of our members,
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is a lawyer who does a lot
of work with firearms rights,
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is going to talk about impact
criminal convictions on that.
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We've got a prosecutor coming in,
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Chad Smith from Gastonia
to give their viewpoint.
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That's always the best when you hear
your opponent's viewpoint, right?
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00:16:04
Warren Savage is going to wrap it
up with the ethics of criminal law
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practitioners from our longtime
supporters, lawyers mutual.
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00:16:11
Everybody loves Warren. He's
like, "Fun way to end the day,
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00:16:14
even if it is ethics.".
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00:16:17
I so much love talking to Warren. I've
kind of adapted his hairstyle. I mean,
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00:16:21
I kind of want to be so much like him.
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00:16:25
Well, everybody wants to be
like Warren, so I guess-.
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00:16:28
I'm trying to get Bill Powers
to shave his head for this,
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00:16:30
but I just don't think
it's going to happen.
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00:16:35
I should have told him that we
would put that on social media.
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00:16:38
He might have done it.
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00:16:39
He might have. It's not too late. We'll
have to have video effects come in.
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00:16:45
And then we're going to round out
the month with the incredibly popular
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00:16:50
disbursement CLE. And this one,
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00:16:53
you were talking about Medicare
disbursements. Is that correct?
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00:16:58
Medicaid.
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00:16:59
Medicaid. Okay.
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00:17:00
I'm the Medicaid guy on this one.
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00:17:02
And Medicare will be Julie Bell,
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00:17:05
who is our long-term, we can't say expert,
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00:17:09
but highly experienced
person with Medicare.
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00:17:13
I think the thing about the disbursement
seminar every year is that it's
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00:17:16
important to go to because
the laws keep changing.
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00:17:19
It's the one thing that everybody who
does personal injury has to deal with on
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00:17:23
all their cases.
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00:17:24
Someone always wants a piece of the
settlement and our job as lawyers is to
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00:17:29
follow the law, but make sure that
we maximize our client's recovery.
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00:17:33
And that's really what
this seminar is about,
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00:17:36
is to make sure you know what to look for
on the lien issues and then figure out
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00:17:40
the best way to lessen their
impact and make sure that,
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00:17:44
particularly when you don't
have enough money to go around,
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00:17:47
then everybody gets a fair share.
Some of the folks on that one, well,
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00:17:51
Julie Bell and Lauren Newton are the
co-chairs. Joe Tunstall is going to talk
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00:17:55
about verdicts, costs,
collection, minor settlements.
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00:17:59
Paige Pahlke and Tacro LeCarpie,
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00:18:01
who's also one of our sponsors from
Settlement Planning Services are going to
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00:18:04
talk about that. And Amber,
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00:18:06
minor settlements are always like a
landmine because you go wind up going in a
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00:18:10
court and they're
different with every judge.
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00:18:13
And it should be a simple thing
because everyone's in agreement,
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00:18:17
we're going to get this case settled,
but it seems like every time I go to one,
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00:18:21
there's something new that comes up that
has everybody scratching their heads.
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00:18:25
So that should be great.
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00:18:26
And Tacker is just a wealth
of information on how
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00:18:31
these things work out.
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00:18:33
I remember being here late on a
Friday afternoon when I just started,
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00:18:38
I think I was fairly new to NCAJ
and Tacker was doing a Q&A to wrap
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00:18:43
up the CLE.
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00:18:44
And I figured we'd be out of here in 45
minutes and those folks did not want to
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00:18:48
let him go. He could have stayed
here all night answering questions.
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00:18:53
Tacker has definitely seen it all.
And he's been on both sides of the V,
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00:18:58
he's an attorney, so he gets it
and is a wealth of experience,
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00:19:01
which is really important. And then John
Moore's talking about work comp liens,
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00:19:06
Jenny Maynard and Courtney Mann are going
to talk about medical provider liens.
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00:19:11
Lauren Newton is taking the hard
one. She's going to talk about ERISA,
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00:19:15
which is always fun. Julian-.
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00:19:17
Aren't you usually the ERISA guy?
You got out of it this year, huh? No.
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00:19:22
Frequently I talk about Medicaid.
I do get a lot of ERISA questions.
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00:19:26
The thing about ERISA is that it's
such a gray area in a lot of ways,
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00:19:30
and there are a lot of opinions
about how to handle it.
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00:19:32
It's always an interesting and sometimes
controversial subject, so it'll be fun.
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00:19:37
And Medicaid, the one I'm talking about,
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00:19:39
because the Medicaid
program keeps changing.
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00:19:42
We used to just have state run Medicaid,
and now we have these LME, MCO,
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00:19:48
locally run kind of
proprietary Medicaid programs.
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00:19:52
It's changed the way it works.
Julie, and then of course,
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00:19:55
Mark Scruggs from Lawyers Mutual,
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00:19:57
who is the opposite of the balding aspect.
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00:20:00
Mark's got his beard and his
good hair, which I respect,
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00:20:04
but it's not as cool as Warren's haircut.
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00:20:06
And Mark is going to make sure
everybody gets a dose of ethics.
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00:20:11
That's true. You would never mistake
Mark for Warren or Warren for Mark,
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00:20:14
despite the fact that they're
hardly ever seen together.
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00:20:20
That's true. I could think
about a beard and a hair thing.
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00:20:23
We'll see if I can pass as Mark Scruggs.
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00:20:26
They're probably not the same person.
All right. Well, thank you, Chris,
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00:20:30
for all of that and for being
part of all of these programs and
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00:20:35
for being on the podcast and
for everything that you do for
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00:20:39
NCAJ,
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00:20:40
whether in your role as educator
or government affairs or just as
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00:20:45
supportive teammate, we
really appreciate you.
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00:20:48
Well, thanks, Amber. I will definitely
say, I always say this about mock trial.
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00:20:51
I get more out of it than I
put into it every single year.
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00:20:54
There's always something inspiring. And
that's really true for NCAJ as well.
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00:20:58
It's not always fun to teach the CLE.
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00:21:00
I got a fact I need to
finish up a paper right now,
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00:21:03
but once we get it all together,
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00:21:04
it's always great just to come together
and all of us talk about what we do
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00:21:09
and how hard it is
sometimes, but why we do it.
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00:21:13
So it's going to be a great
January, February of CLE.
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00:21:16
Yes, absolutely.
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00:21:18
Listeners can find out more and register
for the CLEs Chris is participating
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00:21:23
in this month or any of the
other great CLEs NCAJ is
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00:21:28
offering at ncej.com/events.
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00:21:33
And to find out more about Mock Trial
and how to volunteer with the North
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00:21:37
Carolina Mock Trial Program,
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00:21:39
go to ncmoktrial.org. Before we go,
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00:21:44
I'd like to thank today's episode
sponsor, Advocate Capital.
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00:21:48
Advocate is passionate about helping
plaintiff's attorneys get better results
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00:21:51
for clients, mainly through their ADVO
track case expense funding service.
Speaker:
00:21:56
It allows firms to track case
expenses and recover borrowing costs,
Speaker:
00:22:00
which makes the net cost of
borrowing zero on cases they win.
Speaker:
00:22:04
Learn more at advocatecapital.com.
Thanks everyone for listening.
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00:22:08
And if you're watching on YouTube, don't
forget to subscribe to this channel.
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00:22:14
Thank you for joining us on
this episode of Voices of NCAJ.
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00:22:18
For more information on the North Carolina
Advocates for Justice and how to join
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00:22:22
or support NCAJ,
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00:22:24
please visit our website at www.ncaj.com.