8:55 Welcome and Introductions
9:00 Navigating the Intersection of Elder Law and Real Property
Brian T. Lawler, The Van Winkle Law Firm, Asheville
Asset protection, Medicaid, public benefits, guardianship, incompetency and special needs planning — what does any of that have to do with real property law? The intersection of elder and special needs law and real property law is busy, often congested, and full of potholes and other traps if we aren't careful. In this hour, explore the basic roadmap you need to spot issues and better advise your clients when it might be time to collaborate with an elder and special needs law attorney. Attendees come away with a better understanding of how elder and special needs law practitioners rely on real property to protect and preserve assets for older adults and people with special needs.
10:01 Everything You Never Wanted to Know About HOAs and More
Harmony W. Taylor, Law Firm Carolinas, Charlotte
Community associations can seem like foreign countries to real property attorneys, but residential and commercial development trends make it increasingly important to understand how homeowner and condominium-owner associations operate. Receive a brief overview of what these entities are and address current and emerging issues to help keep you up to date. Topics include condominium disclosures in the aftermath of the Champlain Towers collapse, appellate litigation related to solar panels and the Real Property Marketable Title Act, and collection of transfer fees and assessments. Then learn basic questions that closing attorneys should consider as they advise their clients to buy, sell or hold.
11:10 Professional Malpractice Claims
Jason R. Benton, Parker Poe Adams & Bernstein LLP, Charlotte
It is reasonable to connect economic downturns and increased law practice workloads to an increase in legal malpractice claims. Over the past couple of years, having experienced a global pandemic, we have seen negative impacts to the economy as well as a volatile real estate market that has left real estate attorneys with unprecedented workloads. Being prepared to address a potential or actual legal malpractice claim or lawsuit is now more important than ever. In this session, receive tips and advice on how to respond to legal malpractice claims in real estate practices.
12:12 Lunch Break
12:42 Real Estate and Divorce
Ketan P. Soni, Soni Brendle PLLC, Charlotte
Examine the challenges and opportunities of dealing with real estate assets when parties are divorcing. Receive strategies for guiding clients to desired outcomes when dividing the real estate, despite the highly charged emotional issues brought on by the divorce itself.
1:44 The Wellness Spectrum*†
Lynn S. Garson, Baker & Hostetler LLP, Atlanta, GA
Listen as the speaker shares her personal story of recovery and then discusses following the wellness spectrum as it relates to self-care for lawyers. Learn the value of knowing where you are on the wellness spectrum at any given time and receive recommendations for how to respond accordingly.
3:28 Legal Developments in Vapor Intrusion and Phase 1 Environmental Site Assessment (ESA) Standard
Susan H. Cooper, Womble Bond Dickinson (US) LLP, Charlotte
Review the new Phase I ASTM E1527-21 Standard and its impact on commercial real estate transactions. Gain insight into vapor intrusion — what it is and why it matters for due diligence — as vapor intrusion has become a key focus of environmental regulators and an increasing number of environmental lawsuits.
* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
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