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.
11:00 Break
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.
3:18 Break
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.
4:27 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
Thank you for joining us for The Intersection of Real Property Law and Other Practice Areas (2022 Real Property Section Spring Program).
The 2022 Real Property Section Spring Program focuses on the intersection of real property law with other practice areas, including elder law, community associations, family law and environmental law.
Jason R. Benton is a partner at Parker Poe Adams & Bernstein LLP in Charlotte. He leads Parker Poe's Professional Negligence and Product Liability Defense Group. His practice focuses on complex civil disputes with an emphasis on the defense of personal injury, property damage, municipal liability, product liability, and professional malpractice claims.
Jason has diverse experience with litigation in both trial and appellate courts. He is among less than half a percent of American lawyers invited to become a fellow in the Litigation Counsel of America, an honorary society that recognizes excellence among trial attorneys. He has been selected as a Benchmark Litigation Future Star in North Carolina and a North Carolina Super Lawyers Rising Star. He also previously served on the Board of Directors of the North Carolina Association of Defense Attorneys.
Across the areas he practices, clients rely on Jason for his preparation, attention to detail, and fearless approach to taking on challenges. He is admitted to practice in all state courts in North Carolina and the federal district courts for the Western, Middle, and Eastern Districts of North Carolina.
Jason is a Double Deacon, having earned his B.A., cum laude, in History and Politics from Wake Forest University and his J.D. from Wake Forest University School of Law. He is a proud, battle-scarred fan of Demon Deacon basketball and football.
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Susan H. Cooper is an environmental attorney with Womble Bond Dickinson (US) LLP in Charlotte. She guides clients in handling environmental issues related to business and real estate transactions, particularly brownfields redevelopment, and regulatory compliance at the local, state and federal level. Her practice is rounded out by her representation of clients in environmental litigation involving a variety of issues including toxic torts, cost recovery, property damage, and administrative penalties.
For over 20 years, Susan has worked with clients on business and transactional matters involving environmental issues and helped clients perform due diligence, environmental audits, reporting, environmental training, negotiate contracts and resolve regulatory compliance matters. She represents clients in negotiations and agreements with regulatory agencies such as the North Carolina Department of Environmental Quality (formerly Department of Environment and Natural Resources) and the South Carolina Department of Health and Environmental Control (SCDHEC), handling such issues as RCRA, brownfields, USTs, dry cleaners, wastewater, and permitting. Her experience includes representation of companies in CERCLA (Superfund) matters, including internal investigations and negotiated settlement agreements with the EPA and SCDHEC. She has also served as defendants' and plaintiffs' counsel in environmental litigation matters ranging from complex mass toxic tort cases to leaking underground storage tank cases.
Susan is ranked among the top lawyers in North Carolina for Environmental Law by Chambers USA, where clients have praised her as "very good and practical," and "very smart and detail-oriented." She was named to Business North Carolina's Legal Elite for Environmental in 2020 and has also been recognized by The Best Lawyers in America© in the field of Environmental Law since 2015. She serves on the Council for the Environment, Energy & Natural Resources Section of the NC Bar Association.
Susan earned her B.A. in Political Science and Government from the University of North Carolina at Chapel Hill and her J.D., with honors, from the University of North Carolina School of Law.
Susan enjoys hiking and watching Carolina basketball with her husband and kids.
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Randall W. Faircloth is a co-founder and managing partner of Regent Law in Charlotte. He helps real estate owners, entrepreneurs, start-ups, small businesses, developers, investors, landlords, tenants and lenders navigate the issues and considerations associated with residential and commercial real estate and general business law matters.
Randall earned his B.B.A in Trust & Wealth Management with a Minor in Financial Planning and his M.B.A from Campbell University and his J.D. from William & Mary Law School.
Randall is a native of Stedman, who relocated to Charlotte for law school and never left. His passions include golf, the Carolina Panthers, woodworking and spending time with his beautiful wife, Candace (trust us, he out-kicked his coverage). He's also a tech nerd and the in-house IT guy, whether he likes it or not.
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Lynn S. Garson practices healthcare law at Baker & Hostetler in the firm's Atlanta office. Her areas of expertise include small and medium-sized physician practice acquisitions and physician employment and related agreements.
Lynn is also a mental health advocate and author. In July 2012, she published Southern Vapors, a memoir describing her journey from major clinical depression to recovery, and has since spoken widely, including a TEDx Emory talk: "Reforming the Approach to Mental Health in the U.S." and made numerous presentations to private and public organizations including the American Bar Association, American Health Lawyers Association, The Southern Federal Tax Institute and a number of law schools. In May 2021, Ms. Garson published a personal essay entitled "Everything I Know About Suicide".
During a storied career, Lynn has accomplished much, including serving as Chairperson of the Lawyers Assistance Program of the State Bar of Georgia, a member of both the American Bar Association and State Bar of Georgia's Wellness Committees, in addition to being a member of the Suicide Awareness and Prevention Committee for the State Bar of Georgia. She has also participated in podcasts regarding mental health, as a host, guest and interviewee.
Lynn graduated from Tulane University with a degree in art history and holds her law degree from Emory University School of Law.
Lynn is an art collector, traveler and proud mother of three children.
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William F. "Will" Kirk is a Real Estate and Bankruptcy Attorney at Regent Law in Charlotte. He came to Regent Law with over 20 years of real estate, litigation and default experience to help clients across a spectrum of real estate and credit related issues.
At Regent Law, Will applies his transactional and courtroom experience to benefit real estate buyers, sellers, investors, lenders, and developers. Will also represents business owners, entrepreneurs and those finding themselves in disputes over property, contracts, or needing to protect what they have earned.
Will is a former AmLaw 100 attorney, veteran of local Charlotte firms, and is a former North Carolina underwriting attorney for a national title insurer. He is also a litigator having represented national and regional lenders and servicers in North Carolina's trial courts and federal bankruptcy courts. Will is licensed to practice in five states and has appeared in various others by pro hac vice admission.
Will earned his undergraduate degree from West Virginia University and his J.D. from Washington and Lee University School of Law.
In his free time, Will enjoys spending time with his wife, Lori, and two kids skiing, hiking, biking, supporting Charlotte Soccer Academy and all WVU Mountaineer (Big 12) sports.
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Brian T. Lawler is a Principal with The Van Winkle Law Firm in Asheville. He practices almost entirely in the area of Elder and Special Needs Law, and is a member of the Elder and Special Needs Law Section Council, a member of NAELA, and frequently collaborates on several local and regional aging policy coalitions.
Prior to embarking on his legal career, Brian worked in social services for nearly a decade serving children, adults, and families throughout Western North Carolina. This experience uniquely positions him to understand the wholistic needs of clients facing capacity limitations. In addition, Brian's background lends well to successfully managing relationships within the public sector to ensure clients have access to the myriad of community resources available to them.
Brian earned his Bachelor's degree in Religious Studies from the University of North Carolina at Chapel Hill and his J.D. from Campbell University. He is licensed to practice in North Carolina and South Carolina.
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Ketan P. Soni is a partner with Soni Brendle PLLC in Charlotte. Since 2000, Ketan has represented clients in divorce, equitable distribution, alimony, child custody, child support, domestic violence, and appeals in Charlotte, Raleigh, and the surrounding areas. Ketan practices divorce law to achieve the best possible result with a "big picture" view of each case. Ketan is also a North Carolina DRC Certified Family Financial and Superior Court Mediator.
In 2011, Ketan saw the damage the court process inflicted on spouses and parents, and so he opened a mediation practice designed to help spouses create their own resolution without having to go to court. Ketan now teaches a 40-hour Mediation Training Course approved by the Dispute Resolution Commission of North Carolina.
Ketan received his B.A. degree from the University of Illinois at Urbana-Champaign and his J.D. degree from Wake Forest University School of Law.
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Harmony W. Taylor is a partner at Law Firm Carolinas in Charlotte. She focuses her practice on representation of community associations on litigated and non-litigated matters. She regularly advises on association governance, assists with director and member meetings, represents communities in district and superior courts, and represents associations in complaints brought before local human relations commissions on Fair Housing and other discrimination claims.
Harmony regularly speaks to boards, managers and owners on community association related topics, including North Carolina's Community Association Institute Law Day. She is an active member of the Community Association Institute and serves on the Legislative Action Committee for the North Carolina Chapter and the College of Community Association Lawyers Governing Documents Task Force. She also, to her great chagrin, serves on the Architectural Review Committee for her own homeowners association, and can be found most weekends measuring her neighbors' grass with a ruler.
Harmony also represents individuals and entities in negotiating and drafting leases and contracts and litigating disputes arising from these agreements. She has participated in hundreds of mediations and over twenty jury trials, and has litigated cases in district and superior courts across North Carolina through the appellate level.
Harmony earned her B.A. in English from the University of North Carolina at Chapel Hill and her J.D. from University of North Carolina School of Law.
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