James Bernier, Jr. Email and Phone Number

Protecting and serving the using and consuming public.

Department of Administration - Property Control Section Represent the State and the Department of Administration in construction litigation. Work with the State Construction Office and the State Building Commission.

Special Litigation Section - Elections LitigationRepresent the State Board of Elections in litigation and other matters related to elections.

Represent the North Carolina State Board of Elections.

• Managed the DOJ’s collections program for the Department of Environmental Quality (“DEQ”). Updated and streamlined the program’s collection efforts and how the program monitored the statute of limitations for each assessment. Cleared a backlog of assessments after prioritizing them. Devised and implemented a system for monitoring the dockets of the Superior Courts of all 100 counties. • Received and evaluated assessments referred for collection by DEQ. Pursued pre-litigation… Show more • Managed the DOJ’s collections program for the Department of Environmental Quality (“DEQ”). Updated and streamlined the program’s collection efforts and how the program monitored the statute of limitations for each assessment. Cleared a backlog of assessments after prioritizing them. Devised and implemented a system for monitoring the dockets of the Superior Courts of all 100 counties. • Received and evaluated assessments referred for collection by DEQ. Pursued pre-litigation collection efforts including demand letters and phone calls. • Drafted complaints to collect on assessments referred by DEQ. Drafted Motions for Entry of Default and Default Judgment, Motions for Summary Judgment, and other motions. Attended summary judgment hearings. Independently handled all aspects of litigation.• Traveled to various counties within North Carolina for summary judgment hearings.• Appeared in bankruptcy matters on behalf of the State in collection cases.• Negotiated with violators and highly experienced opposing counsel.• Served as the counsel to the Sedimentation Control Commission. Attended commission meetings. Advised commission members and staff on Roberts Rules and legal questions involving their duties, rights and responsibilities.• Reviewed drafts, proposed rules, regulations, memoranda of understanding, and contracts related to the Sedimentation Pollution Control Act to ensure compliance with applicable laws.• Responded to inquiries and requests for interpretation from commission members, land resources staff, counties, and regional offices regarding the SPCA, public record laws and open meeting requirements. Gave a presentation at a local program workshop on recent amendments to the SPCA.• Represented the State in criminal appeals. • Represented the State in personnel matters before the Office of Administrative Hearings. Show less

• Operated a general practice law firm providing business support and litigation services. • Provided representation in debt collection, torts, personal injuries, labor and employment, immigration, criminal law, and firearm law. • Provided contract negotiation, review, and enforcement.• Served as a volunteer attorney to domestic violence victims through Legal Aid of North Carolina.

• Commercial and Residential LeasesRepresented an international development company and other smaller businesses. Reviewed and enforced over 30 commercial leases. Revised and drafted over 10 commercial leases. Drafted ground lease in anticipation of subsequent sale. Reviewed and drafted residential leases. Served as counsel in approximately 4 commercial and 1 residential eviction proceedings. • Business Law and Commercial LitigationNegotiated and drafted contracts and… Show more • Commercial and Residential LeasesRepresented an international development company and other smaller businesses. Reviewed and enforced over 30 commercial leases. Revised and drafted over 10 commercial leases. Drafted ground lease in anticipation of subsequent sale. Reviewed and drafted residential leases. Served as counsel in approximately 4 commercial and 1 residential eviction proceedings. • Business Law and Commercial LitigationNegotiated and drafted contracts and settlement agreements. Served as counsel in construction disputes, contract disputes, product liability actions, foreclosures, actions for debt, and personal injury actions. Developed and implemented legal strategy. Drafted all litigation documents, including pleadings, discovery requests, and dispositive motions. Conducted depositions and mediations. Interviewed and consulted with experts. Argued dispositive motions at hearings. Tried cases and appealed rulings as necessary.• Agency Litigation ManagementRepresented clients before the municipal and local government agencies. Worked to obtain relief for clients from the local Department of Planning and Natural Resources, the Fire Department, and the Department of Licensing and Consumer Affairs regarding environmental regulations and health and safety regulations.• Client ManagementRepresented banks, commercial marinas, commercial developments, homeowner associations, insurers, and debt collection agencies. Met and interviewed potential clients. Interviewed new clients. Prepared clients and their employees for depositions and represented them during depositions. Was responsible for maintaining client satisfaction. Kept clients informed of and involved in their matters. • Criminal Defense and Minor Cases ManagementManaged the firm’s criminal cases as well as cases involving minors, including appeals. Supervised court appointed criminal, juvenile and custody cases. Directed and reviewed motion practice. Tried criminal cases. Show less

• Commercial Leases and Real PropertyReviewed approximately 20 commercial leases for various business clients and drafted internal memoranda regarding specified legal issues. Served as counsel in real property title dispute reviewing various title searches and surveys to establish my clients’ title to certain real property. Obtained summary judgment. Represented banks in foreclosures. • General Trial PreparationResearched legal issues and drafted memoranda in personal… Show more • Commercial Leases and Real PropertyReviewed approximately 20 commercial leases for various business clients and drafted internal memoranda regarding specified legal issues. Served as counsel in real property title dispute reviewing various title searches and surveys to establish my clients’ title to certain real property. Obtained summary judgment. Represented banks in foreclosures. • General Trial PreparationResearched legal issues and drafted memoranda in personal injury matters. Investigated facts alleged in complaints by visiting the site and interviewing fact witnesses. Drafted complaints, answers, discovery requests, evidentiary motions, summary judgment motions, mediation summaries, trial documents, and writs of execution. Drafted appeal briefs and motions.• Criminal Defense LitigationInvestigated, managed and tried first degree murder cases. Successfully tried an insanity case and other criminal cases. Negotiated plea deals in a variety of criminal cases involving both local and federal criminal charges, including charges for weapons, assault, narcotics, robbery and theft. Drafted appeal briefs and motions.• Representation of Minors Served as counsel and guardian ad litem in care and custody cases. Investigated living conditions, drafted memoranda on findings and reported to the Family Court. Worked with the Department of Education to develop IEPs for disabled minors and with the Department of Human Services to arrange for long term care. Show less

• Reviewed and interpreted statutes and regulations. Researched legal issues.• Drafted court orders, judgments and opinions.• Mediated small claims matters.• Worked on condemnation cases.• Organized the annual High School Moot Court Competition.

Researched and drafted memoranda, briefs, complaints, and letters in various matters. Trained in real estate transactions and closings.