North Carolina Lawyers Weekly October 2023

VOLUME 35 NUMBER 10

IN DIGITAL. IN PRINT. IN PERSON. Expertly Focused On Today’s Legal Professional.

WEEKLY

LEGAL DESERTS Scarcity of lawyers threatens justice in many rural areas PAGE 4

COMMENTARY Troy Shelton outlines interesting cases court will hear

PAGE 29

SIGNATURE HONOR NCLW recognizes lawyers among the 50 Most Influential Woman

PAGE 13

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CONTENTS

COVER STORY p4 | Legal deserts: Communities having few — or no — lawyers is a common issue in the state 50 MOST INFLUENTIAL WOMEN p13 | Lawyers recognized as leaders in North Carolina OPINION DIGESTS p21 | Roundup of rulings on state and federal appeals VERDICTS & SETTLEMENTS p25 | The latest roundup of North Carolina legal cases LAWYERS IN THE NEWS p27 | New associations and honors COMMENTARY p28 | Generative AI can be a powerful legal tool FAMILY LAW POWER LIST p31 | Lawyers earn recognition for efforts in specialty field STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION North Carolina Lawyers Weekly; Publication number 002-904; Complete Mailing Address of Known Office of Publication: 130 N. McDowell St., Unit B, Charlotte, NC 28204; the mailing address of Headquarters or General Business Offices of the Publisher (Not printer), North Carolina Lawyers Weekly, 130 N. McDowell St., Unit B, Charlotte, NC 28204; Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor: Publisher – Susan A. Bocamazo, Esq., 130 N. McDowell St., Unit B, Charlotte, NC 28204; Editor – Ross Chandler, 130 N. McDowell St., Unit B, Charlotte, NC 28204; Managing Editor – None.

North Carolina Lawyers Weekly is owned by BridgeTower OPCo, LLC (OpCo), 100 N Pacific Coast Hwy., Ste 1725, El Segundo, CA 90245. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities, Cerberus Business Finance Agency, 11812 San Vicente Blvd, Suite 300, Los Angeles, CA 90049.

Issue Date for Circulation Data Below, July 2023; the average number of copies of each issue during the preceding 12 months Box 15 is: (A) total copies printed 1,548; (B1) Paid OutsideCounty Mail Subscriptions 1,292; (B2) Paid In-County Subscriptions: 122; (B3) Sales through dealers and carriers, street vendors, counter sales: 30 (B4) Other classes mailed USPS: 5; (C) Total Paid Circulation: 1,449; (D1) Free Distribution by mail, samples complimentary and other free copies: 30; (D2) In-county free distribution: 3; (D3) Other classes mailed Free Distribution: 0; (D4) Free distribution outside the mail: 6; (E) Total Free distribution: 39; (F) Total Distribution: 1,488; (G) Copies not Distributed: 60; (H) Total: 1,548; (I) Percent of Paid: 97.38%.

The actual number of copies of a single issue published nearest to the filing date is: (A) Total number of copies printed 1,554; (B1) Paid Outside-County Mail Subscriptions: 1,328; (B2) Paid In-County Subscriptions: 0; (B3) Sales through dealers and carriers, street vendors, counter sales: 30; (B4) Other classes mailed USPS: 3; (C) Total Paid Circulation: 1,361; (D1) Free Distribution by mail, samples complimentary and other free copies: 30; (D2) In county free distribution: 1; (D3) Other classes mailed Free Distribution: 0; (D4) Free distribution outside the mail: 100; (E) Total Free distribution: 131; (F) Total Distribution: 1,492; (G) Copies not Distributed: 62; (H) Total: 1,554; (I) Percent of Paid: 91.22% Electronic Copy Circulation; The Average number of copies in the last 12 months was: (16A) Paid Electronic Copies, 285; (16B) The Average Paid Print and Paid Digital Copies were 1,734; (16C) The Average Total Print and Paid Digital Distribution was 1,773; (16D) Percent Paid of Both Print & Paid Digital was 97.80%. Electronic Copy Circulation; The Actual Number of Copies of a Single Issue (16A) Paid Electronic Copies, 292; (16B) The Average Paid Print and Paid Digital Copies were 1,653; (16C) The Average Total Print and Paid Digital Distribution was 1,784; (16D) Percent Paid of Both Print & Paid Digital was 92.66%.

I certify that all information furnished on this form is true and complete: (Signed) Susan A. Bocamazo, Esq., Publisher REQUIRED BY TITLE 39 U.S.C. 3685 STATEMENT SHOWING OWNERSHIP, MANAGEMENT AND CIRCULATION OF North Carolina Lawyers Bi-Weekly, publication number 002-904, filed October 1, 2023, Published Monthly, 12 times a year, $399.00 annually at 130 N. McDowell St., Unit B, Charlotte, NC 28204. The General Business offices of the Publishers are at 130 N. McDowell St., Unit B, Charlotte, NC 28204.

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COVER STORY FEATURE

SWEN

LEGAL DESERTS

Rural areas, small towns lack adequate number of attorneys

North Carolina and South Carolina are marked by ‘legal deserts,’ areas where there are too few attorneys — or even none — available to ensure residents have adequate legal representation.

Depositphotos.com

T

he Carolinas feature much in the way of habitats and landscapes. There are mountains, flatlands, foothills and oceans.

And deserts.

These deserts are not barren areas devoid of water and life, but socioeconomically challenged pockets of the states devoid of attorneys and, often, justice.

These “legal deserts,” as they have been called, are defined by the American Bar Association as counties with fewer than 1 attorney per 1,000 residents.

Access to justice there is limited for those who are too poor or have too far to travel to find a lawyer to handle matters, often routine, of basic human need.

“This means that every day, millions of people in our communities are forced to handle complex and life-altering

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B y he at h h a m a C he r Video: See Lesley Albritton of North Carolina Legal Aid explain ways that the agency can use p u b l i c - p r i va t e partnerships to bring services to “legal deserts” in a video at nclawyersweekly.com.

problems — such as safe housing, access to health care, child custody, and protection from abuse — by themselves,” Scheree Gilchrist, chief innovation officer at Legal Aid of North Carolina in Raleigh, said. “This is exacerbated in legal deserts. … It creates backlogs for the courts, delays in the delivery of justice, and unfavorable, life-altering

decisions and judgments that, if they had an attorney, could have been avoided.”

In North Carolina, nearly half of the state’s 100 counties meet the definition of legal desert.

Lesley Albritton, Legal Aid’s chief of staff in Greenville, said that more than 6 out of 10 North Carolina attorneys work in one of five urban Gilchrist c o u n t i e s .

According to the 2020 American Bar Association Profile of the Legal Profession, North Carolina — tied with Mississippi, Iowa, and Indiana — has the third-fewest lawyers

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NEWS

COVER STORY

Graphic Courtesy American Bar Association

1 dot = 10 lawyers Sources: North Carolina State Bar, South Carolina Bar

per capita in the nation.

“This means that for the majority of our counties, access to a lawyer is likely limited,” Albritton said.

South Carolina ranks even lower on the list, along with Arkansas and Arizona having the least number of attorneys per capita in America. It also offers fewer legal aid lawyers to assist low-income individuals than any other state.

Elizabeth Chambliss, law professor and director of the Nelson Mullins Riley & Scarborough Center on Professionalism at the University of South Carolina School of Law, said that the state is one of only 16 that does not have a direct state appropriation for legal aid.

Chambliss “Legal aid lawyers are also unequally distributed,” Chambliss said.

“Charleston has four legal aid providers [organizations] compared to one for the rest of the state. Yet, some of the highest poverty levels and per capita civil court case rates are in rural parts of the state.”

Chambliss added that most parties in civil court — up to 70% — are unrepre-

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s e n te d , and only 8% of cases feature lawyers on both sides.

“In some types of cases, the numbers are even starker,” Chambliss said. “In 2019, 99.7% of defendants in eviction cases, 92.3% of defendants in foreclosure cases, and 96% of defendants in debt-collection cases were unrepresented.”

Justice can’t flourish Distinctly, cost is a significant barrier for low-income individuals seeking legal services. There is no constitutional right to an attorney in civil matters; consequently, 92% of low-income Americans do not receive any or enough legal help, according to the most recent Justice Gap Report by the Legal Services Corp.

According to the U.S. Census Bureau, North Carolina and South Carolina rank among the top 10 in the percentage of impoverished residents, featuring poverty rates of 13.2% and 14.2%, respectively. Legal help is high-stakes, complicated and expensive to retain.

According to U.S. News & World Report, hiring a lawyer can cost between $100

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and $300 an hour, prohibitive to many who are struggling to pay rent and put food on the table.

Cost, however, is not the only barrier to justice. Chambliss noted that many people are unaware that their problems might have legal solutions or that no-cost legal solutions might be available. Those living in geographically isolated or economically disadvantaged areas also might lack transportation or easy internet access. Many courthouses have limited or no self-help legal services, she added.

“South Carolina Legal Services, the front-line provider of legal aid in South Carolina, engages in all kinds of outreach — from pop-up clinics and information sessions to self-help videos on YouTube and TikTok — but they only have about 65 lawyers serving the entire state, so their resources are spread very thin,” Chambliss said.

Planting roses in the sand Many say that despite efforts to entice lawyers to bring their expertise to rural areas, the lack of attorneys will likely continue for the foreseeable future. Across the nation, lawyers are attracted to larger markets. In South Carolina, three counties — Richland, Charleston, and Greenville — account for more attorneys than the state’s 43 See Page 6

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COVER STORY Continued From Page 5

other counties combined. It’s much the same in North Carolina, where the lion’s share of lawyers call Mecklenburg, Wake, Durham, Forsyth and Guilford counties home.

Suzanne Saucier is the managing attorney for Legal Aid’s Smoky Mountain office in Sylva. Saucier said the reason for recruiting and retention difficulties in rural areas is based on a simple concept.

“That’s where the jobs are,” she said.

“If you want the money and prestige of working for a firm, you’re going to be in a city. Hanging a shingle is something that younger attorneys are hesitant to do; they want to work under someone, and they want to be mentored, which is a good thing.

Albritton agrees.

“The idea of moving to a rural area and hanging out a shingle can be daunting, especially if it is not an area of the state with which a lawyer is very familiar,” she said. “It can be hard to envision a pathway to networking and support without a firm to back them up.”

Albritton said that Legal Aid is different because it functions like a large firm that serves all 100 North Carolina counties, providing training and support from experienced attorneys to newer lawyers working in even the most remote parts of the state.

Although the Saucier support is there from Legal Aid — North Carolina’s third largest firm — the agency is constrained by dollars and staff. For example, Saucier’s two offices consist of five attorneys striving to serve the residents of seven counties, the largest judicial district in North Carolina. In a perfect world, Saucier said, she would have an office in each county staffed by two attorneys and a paralegal.

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The Palmetto LEADER (LEgal ADvocacy and Educational Resources) is a custom-built bus and fully functional mobile law office that the University of South Carolina School of Law uses to take legal services to people in parts of the state who otherwise could not afford legal assistance. (USC School of Law)

“I have an attorney on an upcoming Monday who has cases, I think, set in three different counties,” she said.

“What that means is that he’s going to have to cover those three counties to the extent that he can, and that means that clients are going to have to wait on him.”

To minimize the waiting for clients and the courts, Saucier said, her offices shuffle attorneys when needed and use private attorneys, often generalists, to help with the caseload. Albritton Albritton said it is not unusual for staff members to drive an hour or more from their home office to meet with clients or get to court.

“This is a regular way of doing practice out in our region,” Saucier said.

Legal Aid does not handle criminal cases, and Saucier said that getting attorneys to take court-appointed cases has been an issue. According to North Carolina Advocates for Justice,

more than 800,000 criminal defendants are awaiting adjudication of their cases.

Low rates for private attorneys to take on these cases contribute to the issue, NCAJ asserts. Immediate Past President Valerie Johnson noted in an NCAJ blog that young lawyers, particularly those burdened with student loan debt, also might find it difficult to establish a practice in a poverty-stricken area.

Legislators have approved funding to start a public defender’s office in Saucier’s district, including a chief public defender, 14 assistant public defenders and seven administrative staffers.

When and whether all the positions will be filled in a district that is less-than-desirable to some remains to be seen.

“I think there is a perception that rural communities are not thriving places to live,” Albritton said. “In reality, rural North Carolina is full of unique places that offer all sorts of benefits when it comes to quality of life. Not to mention, there is a great sense of purpose and fulfillment that comes from serving a small community.”

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Jason Luck, town attorney for Clio, South Carolina, a town of fewer than 1,000, is one of a handful of attorneys serving impoverished Marlboro County.

He moved his practice from Charleston in 2020 and said he has no regrets.

“The optimist in me says as attorneys discover the opportunities for professional growth in rural areas, this situation will resolve itself,” Luck said. “Until then, we’re going to need periodic visits from groups of lawyers — like Remote Area Medical, but legal — for some basic needs like wills and powers of attorney.”

Follow me to the desert For their part, law schools are employing their resources for the greater good.

Amy Barefoot Graedon, assistant dean for communications at the University of North Carolina School of Law, said that UNC provides legal services through its pro bono program and 10 clinics.

“Our pro bono program takes students to various places throughout the state for fall break, winter break and spring break trips to provide legal services in communities that have little access,” Graedon said.

Taylor Gilliam, pro bono program director at USC, said that even though one 1 of 5 S o u t h Carolinians lives below 125% of the federal poverty line, making them eligible for subsidized legal Luck assistance, funding for South Carolina Legal Services, a frontline provider of civil legal aid within the state, supports only 54 attorneys — one for every 18,000 eligible residents.

To help meet the needs of South Carolina’s poor, USC deploys the Palmetto LEADER (LEgal ADvocacy and Educational Resources), a custom-built

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Video: See Taylor Gilliam, pro bono director at USC Law, describe the experience law students gain when they work on the Palmetto LEADER mobile legal lab in a video at nclawyersweekly.com

bus and fully functional, mobile law office, bringing legal services such as wills, powers-of-attorney, expungements and legal document review from Columbia to those in more remote parts of the state who otherwise could not afford legal assistance.

Working from the LEADER recently on his first trip aboard the bus, heading to Clio in Marlboro County to conduct a wills and health care power-of-attorney clinic, Gilliam wrote in an email that the school’s pro bono program is an extension of its academic curriculum, teaching students substantive law and how to give back to the community through experiential learning. Witnessing the poverty in the state’s rural counties and helping to abate it is crucial, Gilliam said, adding that he looks to train future lawyers to include a pro bono component in their practices.

“Following graduation, students will be clerking for judges, working as prosecutors and defense attorneys, in various non-profits and government entities, and working in firms,” Gilliam wrote in an email.

“Some students choose dual-degree programs, some go into the military, and others use their JD in Gilliam non-practicing ways. At the end of the day, if they are able to see firsthand how their profession can serve others, we stand a chance at closing the justice gap in South Carolina.”

Campbell University School of Law recently participated in the Chief Justice’s Commission on Professionalism Legal Desert Summit

at the North Carolina State Bar, coordinating with other entities regarding how to combat legal deserts. Mallory Underwood, Campbell’s director of career and professional development, said that while most Campbell graduates end up practicing in urban areas such as Raleigh, the school has a tradition of sending practice-ready, service-oriented attorneys to small towns throughout the state. “[O]ur office created programming to educate our students about both the statewide need for lawyers and the many opportunities it creates for students,” she said.

‘We can’t do this work alone’ Gilchrist said it’ll take a village to serve the underserved because the need outpaces Legal Aid’s ability to help, especially in rural areas where travel time and limited court access can make service delivery even more challenging.

“We can’t do this work alone,” Gilchrist said. “Through the innovation lab, we will deepen our ties in the communities we serve and with other legal service providers in the state, but also foster partnerships with technology companies, universities, and community organizations to improve access to justice.”

Albritton said that Legal Aid has been working in legal deserts for 20 years and is deeply committed to providing quality legal representation to the community through oneon-one client services and community education and outreach. She added that legal services providers are uniquely positioned to help solve the access-to-justice issue in these areas.

“This is because we have an incentive to work on creative solutions … to deliver our services,” Albritton said. “However, as (Gilchrist) noted, it will take partnerships between the public and private sectors of the legal communities and beyond to provide a full range of legal services to our rural communities.” ◆

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NEWS

BAR EXAM

BAR EXAM: Candidates navigate final challenge to becoming a lawyer S ta f f r e p o r t

M

ore than 450 candidates recently cleared the last hurdle to starting their legal career – passing the North Carolina Bar exam at its July administration.

The N.C. Board of Law Examiners reports that 468 people passed the test that month and have finished other licensure requirements such as Those passing the exam and meeting the other licensure requirements were:

passing the Multistate Professional Responsibility Examination and completing a background check.

Overall, 541 candidates passed the bar exam in July, a 68.92% pass rate, statistics from the board show.

The law schools at Duke University and the University of North Carolina at Chapel Hill saw the largest percentages of their students pass,

• Frances Walker Abbott • Holly N. Abernathy • Charlsee Paige Abernathy • Alexus Rose Acree • Lillian Akridge • Rianah Jenice Alexander • Stuart Algood • Faduma S Ali • Safwan Ali • Kayla Donielle Allen • Kendall Lynn Alligood • Rachel Allore • Haley Renee Almany • Emily Ann Almanza • Silas Hampton Altheimer • Carly Amatuzzo • Sasha Arroyo • Brandon Avery • Towqir Aziz • Marguerite Alice Bacon • Gisele Marie Bailey • Christian McKinley Baker • Elisabeth Leone Baldwin • Carlo Ballesteros-Flores • Sofia Baneth • Artrice Denise Barksdale • Sean Kennedy Barlow • William Osborne Bartlett • Laura Gabriela Basora • David Tyson Batts • Taryn Kay Beachler

• Jonathon Duane Beatty • Anna Jamieson Beck • Cole Daniel Beck • Rachael Elizabeth Beller • Kara Jean Bennett • Carli Pauline Berasi • Sean Ari Berman • Grace Frances Berner • Brittany Nichole Betham • Melissa Nicole Betron • Adam Nicholas Beyer • Dylan Robert Blackburn • Cameron Tyler Blake • Madison Blevins • Michala Janee’ Blue • Dylan Bobbitt • Anthony Joseph Bologna • Sydney Raven Booker • Kylie Marie Bouplon • Melissa Box • Madison Lynn Boyer • Lena Gail Bradshaw • Alanna Brannam • Alexis McKenzie Braswell • Cameron Michael Bray • James William Brewer • Julius Crosby Brittman • Adam Hopkins Brooker • Alecia W Brooks • Jakob Brooks • Amelia Rachel Brosnahan • Ellenor Reid Brown • Marcus Brown • Steven Byrum Brown • Tiqeece Brown

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90.48% and 90.08%, respectively. The passage rates at other law schools were • Wake Forest University, 87.76%.

• Campbell University, 78.87%.

• N.C. Central University, 50.81% • Elon University, 38.89%.

Two of nine students from the since-closed Charlotte School of Law also passed.

• Marc Brunton • Candler Lane Bryson • Emma Claire Burgess • Breann Beverly Burns • Kyle Christian Busch • Mason Patrick Butner • Rachel Byrd • Jacob Nathaniel Byrd • Sarah Beth Cain • Sydney Calas • Courtney Alexis Cantrell • Peter Matthew Carlton • Joshua George Carpenito • Jordin Marie Carpenter • Jeannette Lee Carson • William Richter Carter • Ethan Scott Case • Savannah Catalano • Caroline Cheek • Sarah Katherine Cheeley • Duojia Chen • Kaitlyn Patrice Chesney • Alexa Childress • Nickolas James Christopherson • Michael Patrick Clancy • Sydney Ann Clark • Ethan Clewis • Tony William Cline • Kyle David Coffino • Lucas Francesco Colantonio • James Coleman • Mary Catherine Coltrane • Andrew Worth Cone

• Kyle Conway • Molly Catherine Cook • Briana Nicole Cool • Courtney M. Coppage • Nick Corn • Selin Olga Coskun • Pearson Cost • Joseph Aaron Cottingham • Katie O’Neil Cottle • Fiona Garver Craig • Adia D Craig • Miranda Elizabeth Cromley • Bryant Gerald Cross • Elizabeth Logan Crowther • Derrick Ernest Cruz • Audrey Curelop • Andrew Curry • Kaeli Czosek • Hannah Morgan Daigle • Nicole Anne Dalrymple • Brent Alan Damery • Matthew Hicks Darby • Simona Dautartaite • Delany Davis • Madison Talor Davis • Katherine Maria DeAngelis • Alessandra Lorenza Deiorio • Angela Rose Delfino • Gabrielle Mangru Delgado • Mark Charles DeLoach • Frederieke Demas • Allison Taylor Denton • Talia Draper • Andrew Draper • Wallace Mae Shell Driggers

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BAR EXAM • Jordan Elizabeth Dunbar • Morgan Christie Eddy • Catherine Eteri Elbakidze • Seth Elizondo • Joshua Philip Elmets • Emily Joyce Erickson • Adelaide Grace Everidge • Diana Kathleen Fairweather • Ryan Feeley • Aaron Finkel • Olivia Rose Fisher • John David Moore Fisher • Elizabeth C Fitzgerald • Chyanne Autumn Flores • Warren Cole Foster • Clark Gregory Fowler • David Fowler • Morgan Elizabeth Freeman • Sabrina Maria Frenette • Jacob Aaron Friedman • Tyler Fuller • Cameron Nicole Funderburk • Ashley Vanessa Furches • Logan Hallie Furr • William Christopher Furr • Austin Tyler Futrell • Zoe Gabrielson • Aquilla Mae Gardner • Samuel Patrick Gerstemeier • Hanley Walker Gibbons • Kate Elizabeth Giduz • Austen David Gilbert • Shelby Lynn Gilmer • Lucas Steven Gladstein • Madison Rose Gladwell • Kathryn Eager Glaser • William Samuel Godwin • Lorena Patrisia Gomez • Nathalie Rose Good • Catherine Elizabeth Goodman • Jeffrey Irwin Gordon • Corey Andrew Goss • Julianna Marie Grant • Mollie Ann Grose • Caitlin Nicole Grow • Evan Gerald Gungor • Margaret Ann Gunn • Melissa Gustafson • Christopher Thomas Hamby • Anna Elyse Hamel • Andrew George Hamill

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• Cobe York Haney • Aaron Thomas Harding • Haley Hardy • Daria A. Harrington • Parker Benjamin Harris • John Wilton Harris • Sarah Morgan Harvey • Erynn Jordan Hatch • Kendall Paige Hathaway • Carson Hauth • Raun Haven • Margaret Hay • Joseph Austin Heath • Lucas P Helton • Aren Hendrickson • Megan Dana Hennings • Noelle Grace Henry • Tanner Allen Henson • Sophia Rose Hogg • Ayanna Sakile Holden • Joseph Rudy Holguin • Tyler Griffin Horne • Lillian House • Tiffany Hoyd • Christina Cellast Hubbard • James Bishop Huey • Park Alexandra Huff • Bailey A. Humphries • Sarah Jesse Imbarlina • Ashley Ireland • Quincy Jallah • Aurora Lynne Jaques • Aujay Jhala • Lauren Ashleigh Johnson • Krishara Johnson • Carter Manley Jones • Kendall Fuqua Jones • James Leroy Jordan • Nash Patrick Joyner • Sarah Mae Kalis • Mina Ibiye Kalu-Ezikpe • Jacob Johnwillis Kauer • Abigail Umphlett Killinger • Jacob Eugene Kincer • Amber Davis King • Michael Chandler King • Morgan Charna Kleinhandler • Zachary Abraham Kloville • Dillon Grey Kopec • Angel Peterson Lainhart • Taylor Moore Lammonds • Brandon R Lanier • Lisa Leeaphorn

• Nicholas James LeFever • Probese Leo • Marino M. Leone • Rebekah Dare Lester • Jordyn Levinsky-Carter • Cramer Cramer Lewis • Malcolm Lewis • John Lightbourne • Shaun Lillard • Mackenzie Jo Lintz • Duncan Alexander Liseski • Oscar Collinbrook Locklear • Harrison Longano • Juan Lopez • Sarah Lott • Davis Bowen Lovvorn • Graham Everette Lowder • Anna Lukasiewicz • Christian Lunghi • Alanna Dolezal Maddox • Zena Maddux • Pamela Gayle Maher • Matthew Nelson Malone • Katherine Luisa Mansoor • Sara Catherine Markov • Colleen Candace Marron • Emily Chrisman Martchek • Hannah Olivia Martell • Shannon Denise Martells • Maggie Belle Martin • Hannah Lauryn Martin • Christina M. Mason • Adriel Winesa Parks Mason • Kenneth Blaine Massey • Nicholas Cooper Massey • LeAnne Marie McAbee • Frances Lea McBryde • Brian McCormick • Marianna Casimir McDevitt • Kathryn Sinclair McEvoy • Connor Scott McGinley • Elizabeth Bryan McGowan • Sophia Louise McMahan • Shanne Andrew McPherson • Ralph William Meekins • Emily Mae Mehalek • Laura Marshall Merriman • Donald Christopher Messick • Emmanuel A. Mijangos Lopez • Mercedes Arianna Miles • Tyler Primm Miller • Isaiah Milligan-Smith

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• Sarah A Mills • Sarah Alane Mink • Madison Lauryn Mitchell • Elijah Moffe • Michael Thomas Mohun • John Graham Monroe • Sara Madison Moore • Cameron David Morris • Rachael Lea Mullins • Matthew C Mullins • Michael Brendan Mulvey • Emily Ashlyn Mundt • Duncan Michael Murchison • Liam Aaron Murray • Samuel Allen Murray • Chandler Jack Myers • Colleen Naglee • Andrew Nail • Jernigan Newell • Marshall K Newman • Clara Ann Post Nieman • Hannah Claire Norem • Erin Alexandria November • James Howard Nye • Brody McFarlane O’Neal • Corinne Elizabeth O’Reilly • Scott Randall Oakley • Alexandra Lee Obiol • Adaora L Oguno • Trynity Lee Ojeda • Deborah Olagunju • Sofie Oldroyd • Taylor Osborne • Tiffany Lauren Ours • Tia Overway • Maxwell Grayson Owens • William Keegan Hunter Pace • Austin Chandler Panameno • Midushi Pandey • Mike Papakonstantinou • Inyoung Park • Joshualan Mikayla Parrish • Jacob Wayne Parrott • Pratista Patel • Simi Avakash Patel • Lindsey Nicole Patterson • Taylor Austin Peacock • Arianna Hope Pearson • Claudia Valentina Perez • Cameron Lee Perry • Jessica Lyn Phipps • Kaitlin James Pierce • Rebecca Pierce

N O R T H C A R O L I N A L A W Y E R S W E E K LY

NEWS • Nathan Eugene Pinnell • Lori N Pittman • Joshua Ray Plummer • Elizabeth Poole • Amelia Catherine Poore • Caroline Morning Pope • Clare Leathersich Poston • Myia Ashley Pretty • Matthew Friedland Propper • William Taylor Pulliam • Allison Claire Quigley • Matthew Aaron Quigley • Emily Kyra Ramdial • Jillian Louise Randles • Brianna Michelle Randolph • Deborah Kay Rasmussen • Alexander Lee Ray • Gary R Redding • Chandler Jacob Reece • William Louis Reeves • Joshua Andrew Richards • Samantha Faye Richardson • Margaux Richardson • Gabrielle M. Rife • Charles Thomas Riggs • Jodi Elisa Robertson • Sarah Robey • Kathryn Anne Bingham Robinson • Malcom Rodriguez • Grace Antonia Roman • Isabel Rose • James Knight Rudolph • William Billy Callaway Ruff • Carrie Fran Ruff • Gabrielle R. Sanderson • Hunter Chance Savage • Hartman Saylor • Abigail Marie Scheper • Garett Samuel Schwartz • Hazheen A Selevany • Lydia Walden Shelley • Kelsie Nicole Shipley • Sheyenne Shropshire • William Shuford • Consuela Simmons • Peter Simms • Amika Singh • Joseph Andrew Singleton • Haley Nicole Sink • Sydney Christina Smith • Halee Marie Smith • Christian Harrison SmithBishop

• Zachary Smith • Elizabeth Marie Snyder • Anna Katherine Carey Somberg • Rebecca Lynn Sommers • Kathryn Spangler • Caroline Spence • Elijah Thomas Stacks • Jacob Vinson Stewart • Christopher Steven Stock • Antoinette Stone • Caleb Verner Strawn • James Ennis Street • Madison Laine Surry • Benjamin Turner Suslavich • Lily Alice Talerman • McKenzie Taranto • Lindsey Nicole Taulbee • Charles Jacob Taylor • Joseph Lucas Taylor • Caroline Elizabeth Taylor • Hillary Teoyotl • Jordan Milton Thomas • Claire Elizabeth Thompson • Ashley Blaise Thompson • Kayla Tilley

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BAR EXAM

• Genesis Esperanza Torres • Jackson Scott Ussery • Grant Alexander VanHook • Robert Maximilian Veith • Annelisse Danielle Velazquez Fernandez • Tyler James Ventura • Teala Leung Volkamer • Benjamin David Waldman • Virginia Ann Walker • Liam Wall • Hunter Neal Walsh • David McKinley Waterson • Meagan Alexis Watson • Robert Wesley Welborn • Sydney Welch • Richard Welfare • Kristyn Ryan Wescott • Sara Anne West • Kasey Amalia West • Michael Anthony Westbrook • Sydney M Wheeless • Jasmine Kaylin White • Leighton Whitehead • Landon Whitley

• Jennifer Rose Whitmire • Barbara Ann Whittinghill • Kendall Williams • Mary Stewart Wilson • Christopher Winokur • Paul Terry Wood • Caitlyn Marie Wood • Madeleine Rose Wood • Chandler Lee Woods • Meaghan Harless Woodward • Reaghan Rose Wooster • Parker Watson Wooten • Jonathan Pascal Wright • Anvitha Sai Yalavarthy • Erica Yarborough • Lisa Marie Yarbrough • Anna Catherine Yarbrough • Meredith Paige Yates • Mathias Aaron Young • Jacob Austin Young • Nicholas Ryan Zanzot • Andrew Blake Zavaleta • Kaihua Tymon Zhou • Cassandra Rachel Zietlow

Nicholls & Crampton, P.A. is pleased to announce that John B. Ward has been named a principal of the firm. His practice is focused on representing individuals and businesses throughout the state in eminent domain, land condemnation, and property rights litigation matters. He works alongside Emmett Boney Haywood and Steven C. Newton II in Nicholls & Crampton’s Eminent Domain and Land Condemnation practice. He is available for consultation and association.

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NEWS

Dellinger nominated to lead Office of Special Counsel

A

lawyer with strong ties to North Carolina has been nominated to lead the federal investigative and prosecutorial agency that protects government employees’ rights, particularly those of whistleblowers.

If confirmed by the Senate, H a m p t o n Dellinger will be Dellinger special counsel in the U.S. Office of Special Counsel, a White House release says. He will replace Henry Kerner, who was appointed by then-President Donald Trump and confirmed by the Senate in October 2017.

✓ Experience We’re led by a former U.S. attorney who helped lead the nation in whistleblower recoveries.

✓ Resources

Staff report

Attempts to reach Dellinger by telephone and email were unsuccessful.

The position isn’t Dellinger’s first experience with federal service. He was confirmed by the Senate as the assistant attorney general leading the Office of Legal Policy in October 2021. He left the position in June 2023.

In North Carolina politics, he has longtime ties to Mike Easley, who served two terms each as attorney general and governor, according to the questionnaire Dellinger submitted when he was being confirmed as assistant attorney general.

After Easley’s election as attorney general, Dellinger served as special counsel to the N.C. Department of Justice for two years and as deputy attorney general for 13 months.

Easley praised Dellinger’s intelligence

and ability to delve into reams of information and then quickly summarize it for policymakers.

Said Easley: “I knew his abilities, his intelligence, his bent toward vigorous and meticulous research. So, we put him in a position; it was called special counsel. I wanted him in a position so he could research certain cases.”

After Easley was sworn in as governor in January 2001, Dellinger followed him to the Capitol, serving as legal counsel for the Office of the Governor from January 2001 to June 2003.

The Office of Special Counsel “safeguard[s] the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing.” There are 14 prohibited practices, including discrimination and nepotism. ◆

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50 MOST INFLUENTIAL WOMEN

WELL-DESERVED RECOGNITION

E

very community has a group whose members willingly shoulder many burdens. North Carolina Lawyers Weekly wants to ensure that these efforts don’t go unrecognized.

Working with The Mecklenburg Times, our sister publication, we have honored the 50 Most Influential Women from across North Carolina.

On the following pages are individual profiles of the legal honorees.

Those recognized in other fields are: • Ashley Adams.

• Monica Allen.

• Lauren Bovit.

• Hannah Breed.

• Yolanda Bynum.

• Carla Carlisle.

• Dr. Dawn E. Chanland.

• Marissa Date.

• Kandi Deitemeyer.

• Kristin Dillard.

• Birgit Dilley.

• Monifa Drayton.

• Deborah Edwards.

• Kathleen Finch.

• Zoe Fisher.

• Shannon Frye.

• Nidiya Gaspar.

• Lexi Hazen.

• Shelby Hollister.

• Amy Johnson.

• Virginia Luther.

• Ju-Don Marshall.

• Carrie McCament.

• Kimberly McGregor.

• Stacia Neugent.

• Mellissa Oliver.

• Ohavia Phillips.

• Kristen Powell.

• Moira Quinn.

• Dr Lopamudra Das Roy. • Amy Strecker.

• Lisa Vogel.

• Jana Whitaker.

• Nikki Wolfe. ◆

KERRY-ANN ARCHER Senior Counsel, Commercial Lending Wells Fargo Charlotte Kerry-ann Archer says she would love to say that she is a master career strategist.

“However, the truth is my career path consists more of winding roads and off-the-beaten-paths,” she says.

“As I progress, I have come to appreciate the journey more and more.”

What is your guiding principle?

One principle I find the most calming is — to steal the title from a book — "Everything is Figureoutable."

What do you consider your top professional accomplishment?

One of the coolest things I get to do as an attorney is provide pro bono services. Recently, I’ve received recognition for my work. I received the inaugural Volunteer of the Year Award from the Charlotte Triage Pro Bono Project. I hope that the more pro bono efforts are highlighted and celebrated, the more participation we’ll see.

Name on thing about yourself that your colleagues might be surprised to know.

I am from Jamaica, where everything is “irie,” or at least, “figureoutable.”

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INDEX 13 Kerry-ann Archer, Wells Fargo 13

Heather Culp, Essex Richards

14

Leslie Cooley Dimukes, North

Carolina Department of Justice 14

Hon. Julianna T. Earp, North

Carolina Business Court 14

Jennifer Lechner, Justice Com-

mission 14

Kate Gordon Maynard, North

Carolina Business Court 15

Valecia M. McDowell, Moore &

Van Allen 15

Laura Craver Miller, Kilpatrick

Townsend & Stockton 16

Alice Neece Mine, North Caroli-

na State Bar 16

Elizabeth Murphy, Alston & Bird

17

Mona Lisa Wallace, Wallace &

Graham 17

Angie Zimmern, McGuireWoods

HEATHER CULP

Attorney Essex Richards Charlotte

Over the past 15 years, Heather Culp has planned, moderated and spoken at more than 55 seminars, conferences and podcasts on a variety of legal topics.

She is a bankruptcy attorney at Essex Richards and serves on the panel of Chapter 7 Trustees for the U.S. Bankruptcy Court for the Western District of North Carolina.

Devoted to pro bono services, she volunteers with the Charlotte Center for Legal Advocacy and Legal Aid of North Carolina. In 2020, she received the N.C. Bar Association Bankruptcy Council’s Pro Bono Award.

How did you determine your career path?

I became a lawyer because I had an encouraging mock trial coach in junior high and high school, and I watched "L.A. Law." What do you consider your top professional accomplishment?

Serving as the Mecklenburg County Bar president in 20172018.

Name on thing about yourself that your colleagues might be surprised to know.

My sister gave me a scratch-off lottery ticket for Christmas 2021, and I won $10,000.

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50 MOST INFLUENTIAL WOMEN

LESLIE COOLEY DIMUKES Criminal Bureau Chief and Interim Director of the North Carolina State Crime Laboratory, North Carolina Department of Justice Raleigh

Leslie Cooley Dimukes can’t remember a time when she did not want to be a lawyer. Her parents were active in their community and influenced Dimukes to focus on public service.

“I didn’t really consider other alternatives,” she says.

After law school, she had applied at several public defender’s offices and one prosecutor’s office in District 26 in Charlotte where Peter Gilchrist made her a job offer and she never looked back.

What is your guiding principle?

I have three: “Do justly, love mercy, walk humbly” — Micah 6:8. Do the right thing, and treat people with kindness.

What do you consider your top professional accomplishment?

I spent many years as a child sexual abuse and human trafficking prosecutor at the state and federal levels, and I have prosecuted other violent crimes that have caused lasting harm to families. Being able to help them obtain justice, even if just a measure, is probably my top professional accomplishment.

JENNIFER LECHNER

Executive Director N.C. Equal Access to Justice Commission Raleigh As executive director of the N.C. Equal Access to Justice Commission, Jennifer Lechner focuses on finding solutions and getting things

done.

“I often work with justice system stakeholders who have many different perspectives, and I ask myself if I can compromise to get results and still maintain the integrity of the work,” she says.

How did you determine your career path? Or did your career choose you?

A little of both. I’ve always been sensitive to injustice and fought for fairness. When I went to law school, I didn’t realize policy work on access to justice issues could be a career. Twenty-three years ago, I was given the opportunity to run an access to justice entity in another state, and I’ve found the job is perfectly suited to my skills and values.

What do you consider your top professional accomplishment?

I’m so proud of the team we have put together at the Equal Access to Justice Commission and the scope of the work we accomplish.

14

HON. JULIANNA T. EARP

Special Superior Court Judge for Complex Business Cases, North Carolina Business Court Greensboro

Julianna T. Earp says she is living her top professional accomplishment in her current position as a special superior court judge in North Carolina Business Court.

“New challenges come daily,” she says. “I most enjoy the time I spend with my clerks, who are recently minted lawyers. It is fun to experience the practice of law through their eyes.”

What is your guiding principle?

Always be honest. But never forget to be kind. Keep following your professional goals but remember your health. Work toward balance in all things.

Name one thing about yourself that your colleagues might be surprised to know.

A few years back I was in a photograph that ran in People magazine. The magazine didn’t include my name — I was only known as the “unidentified woman on the left.” But I was also only two pages away from Angelina Jolie.

KATE GORDON MAYNARD Shareholder and General Counsel Robinson Bradshaw Charlotte After practicing law for 23 years at Robinson Bradshaw, Kate Maynard feels like she is just hitting her stride, and says she is proud of her contributions to the firm’s success.

“I am also proud of the collaborative effort that launched Charlotte Legal Initiative to Mobilize Business, a nonprofit legal services organization that serves small business owners in Charlotte,” she says.

If you could go back in time, what advice would you give your high school self?

I would encourage myself to define and seek my own version of success, rather than striving for some objective standard set by others.

What do you enjoy doing when you are not working?

I enjoy spending time with my family doing almost any outdoor activity.

Name one thing about yourself that your colleagues might be surprised to know.

I grew up on a farm in western Kentucky and now have my own backyard chickens and vegetables.

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50 MOST INFLUENTIAL WOMEN

VALECIA M. McDOWELL

LAURA CRAVER MILLER

Partner Moore & Van Allen Charlotte

Valecia McDowell had planned to get a Ph.D. in health psychology, focusing on the impact of psycho-social factors on cardiovascular health in the Black community, but the idea of committing her career to research was daunting.

“I understood myself well-enough to know that I needed people,” she says. ‘I wanted to be a part of a team, and that self-awareness led me to the law.”

Today she is a leader at Moore & Van Allen, including serving on the firm’s management committee.

What is your guiding principle?

My family is my north star. Everything begins and ends with them.

What do you consider your top professional accomplishment?

Developing a national reputation as a pragmatic, strategic thinker who is trustworthy and candid.

What do you enjoy doing when you are not working?

Reading fiction, which I’ve never stopped doing. It is my joyful escape.

Name on thing about yourself that your colleagues might be surprised to know.

My homemade croissants are pretty amazing.

Partner Kilpatrick Townsend & Stockton Winston-Salem

Laura Miller says she has always had an idea that she wanted to be a lawyer, and as she proceeded through high school, she ruled out interests in coursework like biology or pathways toward teaching.

“Law seemed like the only option,” she said. “And by the time I graduated from college, the law continued to pull on me.”

Today, she is convinced she made the right career choice, and enjoys her interdisciplinary practice.

What is your guiding principle?

It’s a quote I have in my office: “Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your character, and your character determines your destiny.” It’s a reminder about how I want to live my life and how I want others to see me.

What do you enjoy doing when you are not working?

I enjoy watching my boys (ages 10 and 13) play baseball and basketball. I also love reading and traveling with friends and family.

50 most influential women 2023 VALECIA MCDOWELL Practice Co-head, White Collar, Regulatory Defense & Investigations Practice Head, Civil Rights & Racial Equity Assessments National thought leader in the areas of governmental and internal investigations, conduct risk management, and civil rights and racial equity assessments, ranked in Chambers USA and Best Lawyers, included in national publications such as Bloomberg, American Banker, Corporate Compliance Insights, and Inside Counsel, and serves on Law360’s Compliance Editorial Board

beyond traditional legal services

mvalaw.com LITIGATION

REAL ESTATE

CORPORATE

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FINANCIAL SERVICES

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INTELLECTUAL PROPERTY

PUBLIC AFFAIRS

GLOBAL SERVICES

WEALTH TRANSFER

RESTRUCTURING

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50 MOST INFLUENTIAL WOMEN

ALICE NEECE MINE

Executive Director North Carolina State Bar Raleigh

After seven years in private law practice, Alice Mine felt she needed a change, so she applied for a new role with the N.C. State Bar. Thirty years later, she is still there, and believes her career chose her.

Across her career, Mine has achieved several notable accomplishments and ranks two of them at the top of the list.

“I served as legal counsel for two comprehensive revisions to the Rules of Professional Conduct in 1997 and 2003, and successfully managed the State Bar through a ransomware attack and COVID,” she says.

If you could go back in time, what advice would you give your high school self?

Borrowing from the title of Annie Lamott’s book, taking each task “bird by bird”— one step at a time will get you to your goal.

Name on thing about yourself that your colleagues might be surprised to know.

I was raised a Quaker (the Religious Society of Friends), in an unprogrammed meeting, and still don’t take kindly to folks preaching at me.

McGuireWoods salutes legal excellence in our lawyers and our respected peers.

Congratulations to our attorney Angie, and the other 2023 honorees.

ANGIE ZIMMERN

2023 50MIW HONOREE

ELIZABETH MURPHY

Partner Alston & Bird Charlotte

Elizabeth Murphy has spent her entire career at Alston & Bird, starting as a case clerk assistant in the finance group.

“I barely knew what was going on, but I loved the teamwork, and I adored that even as a case clerk, I had an important role to play,” she says.

What is your guiding principle?

I’m a firm believer in being a “doer” and a “hustler.” In the legal profession, we are competing with competent lawyers at other firms for work. What my team can offer though is extra hustle. We know what it takes to close a deal, and we’ll go the extra mile to get it done.

Name on thing about yourself that your colleagues might be surprised to know.

When I need someone to talk to, I always call my grandmother. She’s 98 years young and lives in Erie, Pennsylvania.

She has wisdom in years and life experiences that’s unmatched, and her support, love, and encouragement is something I value above all else.

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1,100 lawyers | 21 offices | www.mcguirewoods.com

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50 MOST INFLUENTIAL WOMEN

ANGIE ZIMMERN

MONA LISA WALLACE

Founding Partner Wallace & Graham Salisbury

Mona Lisa Wallace says she chose her career path when she was in the seventh grade.

“I saw what we now define as bullying and inequality and recognized the opportunities that being a trial lawyer would open for me to help others,” she says. “I have always strived to do what is right, kind and ethical regardless of the financial implications.”

What do you consider your top professional accomplishment?

My success at balancing family and a challenging legal career.

I am proud of Wallace & Graham, which is one of the most successful and lasting law firms in the Southeast.

If you could go back in time, what advice would you give your high school self?

Don’t take life so seriously. I used to be far more inpatient than I am now. With age, comes wisdom and forbearance.

Name one thing about yourself that your colleagues might be surprised to know.

I am an excellent pianist. I can hear a song and play it by ear.

Pro Bono Director and Counsel McGuireWoods Charlotte Angie Zimmern is so devoted to helping others through pro bono work, she gave up her day-to-day practice at McGuireWoods to serve as the firm’s first pro bono director.

“Pursuing a career of service is the reason she went to law school in the first place,” she says. “We’ve grown the pro bono participation of McGuireWoods attorneys and our corporate partners, and we are bringing more pro bono service to those in need through programs like Charlotte Triage.”

What is your guiding principle?

Staying focused on the needs of people I serve in my philanthropic commitments. When in doubt, I return to the goal of trying to improve the lives of those people, and the right answers fall into place.

If you could go back in time, what advice would you give your high school self?

Do not listen to “no” people. Dream as big as you can.

Name one thing about yourself that your colleagues might be surprised to know.

I am a Cameron Crazie to the core.

Congratulations Mona Lisa Wallace for being named one of the 50 Most Influential Women of 2023

www.wallacegraham.com | 704.633.5244 525 N. Main St., Salisbury, NC

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Board of Law Examiners of The State of North Carolina `

RESOLUTION OF APPRECIATION TO THE MEMBERS OF THE BAR CANDIDATE COMMITTEES

Board of Law Examiners of The State of North Carolina

WHEREAS, The Board of Law Examiners of the State of North Carolina is required by statute to make such investigations as may be deemed necessary to satisfy it that applicants for admission to the North Carolina Bar possess the qualifications of character and fitness requisite for an attorney at law; and, WHEREAS, the Bar Candidate Committee has assisted the Board by interviewing those applicants to take the February 2022 North Carolina Bar Examination, and, WHEREAS, The Board of Law the Examiners of theand State of North Carolina required by statute to make such investigations as may deemed to satisfy it that applicants for admission to theand North Carolina WHEREAS, attorneys laymen who servedis on the Bar candidate Committee did so freely andbe with greatnecessary contribution of their time and efforts to the Board Bar. Bar possess the NOW qualifications of character fitness requisite for an attorney law; and, WHEREAS, theofBarNorth Candidate Committees have assisted the Board by interviewing those applicants to take the July 2023 THEREFORE,BE IT and RESOLVED by the Board of Law at Examiners of the State Carolina: North Carolina Bar Examination, and, WHEREAS, the attorneys and laymen who served on the Bar Candidate Committees did so freely and with great contribution of their time and efforts to the Board and Bar. 1. That the Boardbyofthe Law Examiners of the State NorthofCarolina does hereby unanimously adopt a formal Resolution of NOW THEREFORE,BE IT RESOLVED Board of Law Examiners of theofState North Carolina: Gratitude and Appreciation to all those persons who so freely gave of their time and efforts to serve on the Bar Candidate 1. That the Board of Law Examiners of the State of North Carolina does hereby unanimously adopt a formal Resolution of Gratitude and Appreciation to all those persons who so freely gave of their time and efforts to Committees and in recognition their services toofthe of Law North Carolina BarCarolina and the of North Carolina. serve on the Bar Candidate Committeesofand in recognition theirBoard services to theExaminers, Board of LawtheExaminers, the North BarState and the 2. That each member of the Bar Candidate Committee be notified of this action taken by the Board and that this Resolution State of North Carolina. be included withofthe of theComittees Board. be notified of this action taken by the Board and that this Resolution be included 2. That each member theMinutes Bar Candidate by the Board of Law Examiners on the 22nd of March 2022. with the MinutesAdopted of the Board.

D. Clark Smith Jr., Chair

RESOLUTION OF APPRECIATION TO THE MEMBERS OF THE BAR CANDIDATE COMMITTEES

Adopted by the Board of Law Examiners on the 15th of August 2023.

JULY 2023 BAR CANDIDATE COMMITTEES Resolution List

FEBRUARY 2022 1 BAR DISTRICT CANDIDATE COMMITTEES Resolution List DISTRICT 2 James R. Gilreath, Jr. - Chair L. Phillip Hornthal, Ill Paddison P. Hudspeth William Jason Waughtel Lauren E. Arizaga-Womble

EAST DISTRICT

Richard S. James - Chair Amanda G. Bramble William P. Mayo, Jr.

Reed N. Fountain -Chair DISTRICT 3 Kellie C. David Gonzalez W. Silver - Chair Stevenson L. Weeks Nan E. Hannah Michael J. Parrish DISTRICT 5 Lisa LeFante H. W. Sandy Sanderson, Jr. - Chair John R. Szymankiewicz DISTRICT 6 Henry L. Kitchin, Jr. - Chair Sydney C. Plummer Algernon L. Butler, III Samuel W. Tripp, Lyanna G. HunterIll Miriam M. Thompson Anna H. Reverend Ayscue C. Phillip Craig, Jr. Nancy L.DISTRICT Grace8 James C. Marrow, Jr. - Chair Brian E. Michael Clemmons B. Peters Ricky R. Thompson Alexander M.Chadwick Bowling James ‘Chad’ Hinton 9 Andrew DISTRICT M. Benton Hon. Annette W. Turik - Chair David J. W.Fussell Robert Bizzell Roy A. Dawson C. Steven Mason DISTRICT 10 N. Fountain - Chair Jr. JacksonReed Wyatt Moore, John N. Fountain David R.Lisa Ortiz LeFante Atiya M. Mosley Patrick D. NanWilson E. Hannah R. Szymankiewicz Jeffrey R.John Whitley Michelle A. Liguori S. Blake Leger

Vasiliki (Celia) A. Pistolis Brian O. Beverly Anna H. Ayscue Chris T. G. Trusk Samuel W. Tripp, Ill Rachel H. Boyd Brian E. Clemmons Kellie C. Gonzalez Brittany D. Levine Rachel D. Laughery Andrew D. Webster Caroline (Kiki) Scarff Xavier McLean S. W. Tripp, Ill Reed J. Hollander Lori M. Allen Arienne E. Blandina Hollie E. DeBaro Reed J.Hollander Alexander M. Bowling David J. Fussell Robert E. Duggins Cherell M. Harris Eric J. Fisher Andrew M. Benton C. Steven Mason Josiah S. Irvin Olivia Jamrog George D. Johnson Justin B. Lockett Justin G. Truesdale Kevin M. Ceglowski S. Blake Leger Christie A. Hartinger Alexander M. Pearce Jonathan A. Greene Adam B. Snyder Elie J. Foy Kelsey M. Mellan Taylor A. Emory Thomas N. Hughes, Jr. Trevor P. Presler Daniel J. Palmieri Michael R. Frongello Matthew J. Hartburgh R. Maria Hawkins

Jack R. Magee

Coggins Meryl M. Murtagh Allie Lauren N. Watson Thomas A. Allen Brian N. McCracken Madalyn M. Strahl Lorna A. Knick Andrew J. Gibbons Lee M. Whitman Trevor P. Presler John Hoch A. Knick Raquel A. GonzalezLorna Padron Michael E. Kohagen Samuel Slater Hannah A Combs Susan L.A.Elliott Jennifer M. Hall Christie A. Hartinger Katy Thompson K. Christopher Poe,Francis Jr. C. Pray, Ill Stephanie L. Gumm David A. Burns Dylan J. Castellino Sarah V. Fritsch Allie Coggins N. Cosmo Zinkow M. L. Munn R. Maria Hawkins Hannah Rachel P. Nicholas C. Pray, Ill Mario M. Meeks Francis Joanne Wu-White Rebecca M. Williams Jonathan A. Greene Michael E. Slipsky Kevin J. Stanfield Alexis M.Tellerd Manuel X. Colon Victoria E. JimenezSydney Plummer L. Clay Andrew J. GibbonsAmy Rachel P. Pender S. Shah Grace S. Pennerat Rohun Samuel B. Holder Allen K. Buansi Stephanie L. Gumm Jamie D. Blue Brett A. Carpenter Grace S. Pennerat Andy Blair Amy L. Clay Savannah J. Story Emily K. Steele Nia Doaks Carretta G. Amos Benjamin T. Aydlett Stephanie E. Goodbar William T. Bowers L. Cantley Rachel P. NicholasBryan Claire Healy Riley W. M. Smith Brett White Zachary S. Buckheit Savannah J. StoryZechariah C. Etheridge Joanne Wu

Caroline C. Henderson

Herring EmilyKylie K.S. Mather Deonte’ L. Thomas TheodoreG. 0. Dardess Cerretta Amos Crystal G. Grimes Alexander Auriti Ashleigh C. K. S. Powell Mary E. Wilson Benjamin T. Aydlett Darren K. Chester Jada N. Saxon William T. Bowers Lucy Campbell Kevin E.S. Bowie Zachary Buckheit Dora Kripapuri VinceL.R. Cantley Eisinger, Jr. Bryan N. Winston West, IV AnnaCharles C. Conaway R. Raphun Cameron V. Ervin Tucker A.G.Idol Samuel (‘Bo’) Thompson, Jr. Mel Black M. Claire Flowers Katie A. King J. Crook AveryMichael R. Miller Jacob L. Bumm S. Joyce CarriChristy L. Preble Christina J. Koscianski M. Callan Skinner David M. Welch Matthew K. Lively Jenny B. A.Sneed Miranda Wodarski Katherine C. Orndoff Elizabeth A. Thomsen Allie Gray A. Wilson BrettLauren White J. Shaun Taylor Rachel S. Matthews Golzar Yazdanshenas Patrick Latour Deonte Thomas David L. J. Saacks Mark A. Finkelstein Darren Chester Robin K. Haynes DISTRICT 11 Theodore 0. Dardess Michael E. Satterwhite - Chair Megan Ellis Paul J.N. Stainback Toney 0. Falkner Carrah B. Franke DISTRICT 13 James M.J. Reece Freeman Michael - Chair Reece DavidMaryW.Mccullers Snipes DISTRICT 14 Lauren G. -Toole Glenn M. B. Adams Chair Mary Wilson

Alicia M. Flowers Victor Sharpe Chandan Y. Shankar

DISTRICT 20

Dora KripapuriNorris M. Grantham - Chair Kenneth E. Ransom Marion Thompson DISTRICT 15 William P. Colbert Stephen C. McIntyre Cynthia A. Singletary Chair Vince R. Eisinger, Jr. Andrew B. Wall DISTRICT 21 Hon. Christopher W. Rhue - Chair DISTRICT 16 Georgia H. Malik Eric M. Williams, Esq. - Chair 22 RaShawnda T.DISTRICT Murphy Jeffrey Hux - Chair Joseph J. Garcia Nastasia Watkins Jake Stewart Scott K. Skidmore Matthew W. Cockman Chuanita A. Williams Jessica S. Fludd Tanis K. Whittington DISTRICT 24 Antionette D. R. Burwell Benjamin R. Edwards- Chair Geri R. Ruzage Ariella M. Zulman Linzi Berrier Robin K. Martinek T. Matthew Creech Todd A. Jones Allison J. Newton Martha R. Sacrinty Kayla D. Britt Cory A. Rayborn Felicia M. Haigh Tenika R. Hall Brittany S. Speas Elizabeth G. Simpson Matthew P. Blake Brian M. Kuppelweiser Catherine L. Constantinou DISTRICT 26 Jasmine S. GriffinKeith A. Boyette Jeffrey J. Schwartz - Chair Jillian M. Moore Keith B. Nichols - Co-Chair Allison Womack Lindsey E. Powell Peyton E. Baer Dawn Y. Saxton Brian D. Barger Nisha G. Williams Peyton D. Mansure Alice C. Richey DISTRICT 17 Alicia W. LewisAdam Hauser, II Cyrus Q. Griswold - Chair Albert P. Allan Jr. Kim K. Steffan Samuel G. Thompson, Brian E. Russ Crista L. Collazo Natalie E. Kutcher Mel Black Blake M. Courlang Robyn B. Withrow Daron D. Satterfield Ellie E. Coludro Michael J. Crook Joshua A. Lee Heather L. Taraska Hon. Mark J. Kleinschmidt Marc S. Gentile Jacob L. Bumm Brian T. Ziegler L. Stephen Kushner, Jr. Joyce John R. Pastryk Demetria E. StuartChristy Heslip Robert L. Brooks DISTRICT 27 Jacquelyn Adcock Stacy L. Hannah Dixson William W. Cameron, Ill - Chair Anna E. Orr David Saacks Linda Brisbin Melissa French Lindsey Maren M. E. Hardin DISTRICT 31 Rachel Matthews Marcella B. Trageser Mr. S. Mark Henkle - Chair L. Carter Thompson Benjamin C. Williams David A. Coleman Rachel A. Gessouroun Lauren B. Henderson John D. Loftin, II Patricia Flood Benjamin R. McKaig M. Ashton Slagle

Caroline H. Maass

Stephen Glenn R. Berlin Alec Whitney R. Pakalka Katie King Matthew K. Lively Nicole Regna Melanie Mark E. HartsellShekita Kaitlin Hamilton J. Shaun Karen Googe Taylor DISTRICT 33 David Egan Brandy E. Koontz - Chair

Courtney T. Roller WEST DISTRICT Dawn Sheek

Spencer Newsome Maya M. Engle - Chair Cindy Ellis Deborah L. Dilman Malia M. Williams DISTRICT 34 Laura H. S. Budd Hon. William F. Brooks - Chair Carmen E.R. James Faith Fox Wendell Keith Absher Ross R. Fulton Kisa P. Posey DISTRICT 35 F. Kronk Richard Stacy C. Eggers, IV - Chair Banks Morris P.R. Seth Barrett Nancy M. Rivenbark Sheila Passenant Hon. BrendaG. Lyerly DISTRICT 36 E. Powers, Ill Thomas Hon. Beverly T. Beal - Chair Terry M. TaylorF. Rice Darwin Honorable S. James Ervin, IV Tory I. Summey DISTRICT 38 Stuart C. Higdon - Chair Anne M. Tompkins DISTRICT 39 Caleb Brown Ivana C. Hughes - Chair Hailey Porterfield Shawn A. Copeland Carol Lattimore Landon DISTRICT 40 S. Eustache Carolyn C. Snipes - Chair

Candace Mance As of:A.4/2022

DISTRICT 43 Mr. Fred H. Jones - Chair As of 9/2023

OPINIONS

Evidence of alternative murder suspects correctly deemed inadmissible

I

B y R a s m u s S. J o r g e n s e n • r j o r g e n s e n @ m o l a w y e r s m e d i a . c o m

n a trial resulting in murder convictions of a woman and a man, the trial court correctly ruled that evidence showing two others might have committed the crimes was inadmissible, the North Carolina Supreme Court held in an 8-1 ruling that saw the dissenting justice write on wrongful convictions.

LaCynda Feimster, a 38-year-old mother of four, was shot and killed in

18

2016. Feimster’s mother, who was in the home at the time of the murder, didn’t know the perpetrators but identified them as Sindy Lina Abbitt and Daniel Albarran through photo lineups three days later. While in the home, she said, the man had been in telephone contact with at least one other unknown individual asking if they were nearby.

The defense sought to enter evidence

that another man, known as Tim Tim McCain, who looked like the male perpetrator, was seen near the home around the time of the crime. A relative of Feimster identified another woman, Ashley Phillips, as a possible suspect.

Phillips’ car, which was similar to the perpetrator’s and was seen by the home

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N O R T H C A R O L I N A L A W Y E R S W E E K LY

NORTH CAROLINA CHAPTER

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OPINIONS Continued From Page 18

around the time of the crime, was searched by police and was found to have a small gun similar to what the female perpetrator used to kill Feimster, a spent casing of the same caliber used to kill Feimster, and a latex glove similar to what the male perpetrator wore during the crime.

Phillips was not included in the photo lineups in which Gregory identified Abbitt as the female perpetrator. When Gregory saw a photo of Phillips, she said, “Well, she does look like her.”

The state moved to exclude the mention of possible guilt of suspects other than Abbitt and Albarran, because such evidence must implicate the guilt of another and be inconsistent with the guilt of the defendants, in accordance with State v. Miles.

The Rowan County Superior Court took the evidence in the light most favorable to the state and ruled the evidence failed to meet the second prong of that rule, as it was not inconsistent

with the defendants’ guilt. A 2-1 majority of the Court of Appeals affirmed the ruling, saying that the evidence only inferred that Phillips and McCain also might have been involved.

Abbitt and Albarran appealed to the North Carolina Supreme Court, claiming the decision violated their rights under the Due Process Clause of the United States and North Carolina constitutions. However, in a majority opinion authored by Justice Michael R. Morgan, the Supreme Court reached the same conclusion, noting that Phillips and McCain might have been involved but that their potential involvement doesn’t absolve Abbitt and Albarran.

“To find otherwise would be to allow a criminal defendant to parade before the jury every individual who police have investigated and then eliminated as a suspect in order to cast doubt on their own guilt,” Special Deputy Attorney General Laura McHenry, representing the state, said during oral arguments.

Dissenting, Justice Anita Earls argued

that evidence rules are subject to constitutional limits, including the meaningful opportunity to present a complete defense. By excluding evidence tending to show that someone else than the defendants committed the crime, the trial court denied the defendants’ constitutional right to a fair trial, she wrote.

“Our Rules of Evidence serve to protect against wrongful convictions, however, if they are misapplied, these rules can hinder the accuracy of our criminal justice system rather than bolster it,” Earls wrote. “In this case the misapplication of our relevancy standard led to the conviction of two people who may not have been found guilty if the jury had heard the evidence tending to show that Phillips and McCain committed the crimes.”

Anne Bleyman, representing Abbitt; M. Gordon Widenhouse Jr., representing Albarran; and the Department of Justice, representing the state, did not respond to requests for comment.

The case is State v. Abbitt, 334A21. ◆

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N O R T H C A R O L I N A L A W Y E R S W E E K LY

OPINIONS

To view additional opinion digests, visit www.nclawyersweekly.com

Civil Practice Relation Back – Voluntary Dismissal – Unrelated Plaintiff Where the original, timely filed complaint mistakenly named as plaintiff an entity with no relationship to the cause of action, and where – after a voluntary dismissal and refiling – the true party in interest was substituted as plaintiff after the statute of limitations had expired, the substitution of the true plaintiff did not relate back to the filing of the original complaint.

We affirm summary judgment for defendant.

Background In an attempt to recoup fees charged by the defendant-city, Gary Gantt, who operates a sole proprietorship called Gantt Construction, filed a complaint mistakenly naming as plaintiff Gantt Construction Co., a “corporation organized and existing under the laws of the State of Texas with its principal place of business in Texas.” That timely filed complaint was dismissed without prejudice and refiled within one year.

The trial court allowed Gantt to amend the refiled complaint to substitute as plaintiff “Gary Gantt d/b/a Gantt Construction.”

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Both the refiling of the complaint and the amendment of the refiled complaint occurred more than three years after Gantt paid the fees in question. On defendant’s motion, the trial court dismissed Gantt’s claims as time-barred.

Discussion According to plaintiff, Burcl v. North Carolina Baptist Hospital Inc., 306 N.C. 214, 293 S.E.2d 85 (1982), and Estate of Tallman ex rel. Tallman v. City of Gastonia, 200 N.C. App. 13, 682 S.E.2d 428 (2009), compel this court to hold that his amended complaint relates back to both the original complaint and the refiled complaint because each pleading gave defendant full notice of the transactions and occurrences upon which plaintiff’s claim is based. We disagree.

Burcl and Tallman required amendments to alter a party’s legal capacity to sue, and neither involved a voluntary dismissal under N.C. R. Civ. P.41. Instead, those cases only address relation back under N.C. R. Civ. P. 15 and 17.

Rule 41 does not pertain to amendments but instead concerns new filings of pleadings that have been voluntarily dismissed.

N.C. R. Civ. P. 41(a). Plaintiff is incorrect in asserting that notice is also the determinative inquiry for the relation-back analysis under Rule 41.

Because the complaints in this case involve two separate and distinct legal entities as party plaintiffs — one of which lacked standing to bring the initial suit — rather than one party whose capacity to sue has changed, this case neither conflicts with nor disrupts the precedent set forth in Burcl and Tallman.

Where an initial action, as here, involves a plaintiff who lacked standing to bring suit, the initial complaint is a nullity, and thus, there is no valid complaint to which an amended complaint may relate back.

Furthermore, this court has suggested that, to benefit from the one-year extension afforded by Rule 41(a), subsequent complaints must be filed by the same plaintiff. See Revolutionary Concepts Inc. v.

Clements Walker PLLC, 277 N.C. App. 102,

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744 S.E.2d 130 (2013). Plaintiff’s reliance on the principle of notice is misguided; notice is not the determinative inquiry for relation back under Rule 41.

Gantt Construction Co. was not a real party in interest because it neither owned the property subject to the capacity fees nor paid the capacity fees, and therefore had no standing to bring the initial claim.

Gantt Construction Co. did not have standing to bring the original complaint; hence, the trial court lacked subject matter jurisdiction.

The trial court’s lack of subject matter jurisdiction rendered the original complaint a nullity. Because the original complaint was a nullity, there is no valid action to which plaintiff’s amended complaint could relate back under Rule 41(a).

Accordingly, plaintiff cannot avail himself of relation back under Rule 41(a) because the second action does not involve the “same parties” as the first and the named plaintiff in the first action lacked standing to bring suit against defendant for assessing allegedly ultra vires water capacity fees.

Since the second complaint was not filed within the statute of limitations, and since plaintiff may not benefit from relation back under Rule 41, plaintiff’s claims are barred by the statute of limitations.

Affirmed.

Gantt v. City of Hickory (Lawyers Weekly No. 011-157-23, 13 pp.) (Jeffery Carpenter, J.) Appealed from Catawba County Superior Court (Nathaniel Poovey, J.)

Criminal Practice Murder – Castle Doctrine – Aggressor Instruction In reviewing the trial court’s decision to instruct the jury on the aggressor doctrine, the Court of Appeals should have reviewed the record in the light most favorable to the state. The Court of Appeals’ mistake of reviewing the record in the light most favorSee Page 22

21

OPINIONS Continued From Page 21 able to defendant led to its erroneous reversal of defendant’s second-degree murder conviction.

We reverse the Court of Appeals’ decision and uphold the trial court’s jury instruction.

Defendant was having an affair with Calem Adams, but their relationship was tumultuous. Defendant warned Adams not to come to her home, but he came anyway.

The pair fought in defendant’s bedroom, and defendant shot Adams in the back.

The trial court instructed the jury on the elements of second-degree murder, the elements of voluntary manslaughter, the defense of habitation, self-defense, no duty to retreat, and the aggressor doctrine, i.e., if defendant was the aggressor, she could not claim self-defense or defense of habitation. The jury found defendant guilty of second-degree murder.

When asked to give an aggressor instruction, a trial court must consider whether a jury could reasonably infer from the evidence that the defendant acted as an aggressor. In answering that question, the court must view the record in the light most favorable to the state, drawing all reasonable inferences in its favor.

Where, as here, there is conflicting evidence on whether the defendant acted as an aggressor and the jury could reasonably draw the inference either way, the state gets the benefit of the doubt. Properly viewed, the record contained significant evidence from which the jury could reasonably infer that defendant acted as the aggressor.

In deciding to give an aggressor instruction, the trial court properly resolved any contradictions in the state’s favor. The record supports the jury’s verdict.

Reversed.

Concurrence (Dietz, J.) While the common law aggressor doctrine may be consistent with G.S. § 14-51.4, which says the castle doctrine and the stand your ground law do not apply to one who “initially provokes the use of force against himself or herself,” the two are not coextensive. Nevertheless, defendant did not argue that the common law aggressor

22

instruction was inapplicable to the statutory castle doctrine defense. Likewise, she did not request an instruction on the “initially provokes” provision in § 14-51.2 – the only “aggressor” provision that applies to the statutory castle doctrine and one that arguably is narrower than the common law doctrine. We are constrained to address only those arguments that were adequately raised and preserved.

Dissent (Morgan, J.) The majority faultily conflates the legal concept of a presumption with the legal concept of an inference in construing § 14-51.2.

Defendant was entitled to rely on not only self-defense but also defense of another. It was not clear that Adams had withdrawn from any further perpetration of violence as he headed in the direction of a room occupied by defendant’s daughter and her friend. In the face of a mandatory presumption in favor of defendant, the state’s evidence constituted a mere permissible deduction by the jury, which was insufficient to warrant a jury instruction on the aggressor doctrine.

Dissent (Barringer, J.) The interplay between the castle doctrine and the aggressor doctrine.

Defendant “is presumed to have held a reasonable fear of imminent death or serious bodily harm to . . . herself or another,” § 14- 51.2(b), and therefore, was “justified in [her] use of deadly force,” § 14- 51.3(a), unless an exception applies.

The evidence is merely speculative that Adams “discontinued all efforts to unlawfully and forcefully enter the home.” § 14-51.2(c)(5). Admittedly, he was shot in the back; however, Adams was facing defendant’s daughter’s room. Defendant retained the right to protect herself and the other people in her home, even when Adams turned to face away from her.

There was insufficient evidence to support that defendant was the initial aggressor, so the trial court should not have given the aggressor doctrine instruction.

Moreover, there was merely speculative evidence introduced to rebut the presumption found in § 14- 51.2.

State v. Hicks (Lawyers Weekly No. 011029-23, 34 pp.) (Anita Earls, J.) (Richard

Dietz, J., joined by Philip Berger, J., concurring) (Michael Morgan J., joined by Tamara Barringer, J., dissenting) (Tamara Barringer, J., joined by Michael Morgan, J., dissenting) Appealed from Randolph County Superior Court (Bradford Long, J.)

Criminal Practice Stop and Frisk – Motion to Suppress Evidence – Probable Cause Although law enforcement had reasonable suspicion to stop and frisk defendant based on an informant’s tip, defendant did not voluntary consent to the search of his backpack, and the search was not otherwise justified by probable cause.

We reverse the trial court’s order denying defendant’s motion to suppress the evidence.

Defendant was indicted for unlawfully carrying a concealed weapon, possession with intent to sell cocaine, possession of a stolen firearm, possession of a firearm by a felon, and obtaining habitual felon status.

Defendant filed a motion to suppress the evidence obtained from the search and seizure. At a hearing on the motion to suppress, the trial court denied defendant’s motion finding that the initial contact between defendant and police officers was voluntary, and defendant consented to the search of his backpack. The trial court also found that the information provided by the confidential informant, combined with the officers’ knowledge of the subject area, was enough to provide reasonable articulable suspicion to engage defendant.

Defendant was sentenced to a minimum of 87 months and a maximum of 117 months of incarceration. The trial court subsequently denied defendant’s motion to suppress evidence and defendant appealed.

On appeal, defendant argued that the trial court erred in denying the motion to suppress because he did not freely consent to the search of his backpack and the officers did not have probable cause to search the backpack. We hold that the officers had reasonable suspicion to stop, question, and perform a protective search

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N O R T H C A R O L I N A L A W Y E R S W E E K LY

U.S.

Every state constitution is longer than the U.S. Constitution.

State constitutions provide rights that aren’t in the U.S. Constitution.

C O N S T I T U T I O N WO R D C O U N T S

402,850 92,345 4,543

Alabama (longest) Texas (2nd longest)

STAT E

9x LONGER on average

United States

D ID YOU KNOW? The Alabama constitution is longer than all but two of Stephen King’s novels – The Stand and It.

Get to know your state constitution and courts at StateCourtReport.org

OPINIONS Continued From Page 22 of defendant based on the informant’s tip.

However, defendant did not voluntarily consent to the search of his backpack, and the officers did not have probable cause to search the backpack. Therefore, the trial court erred in denying defendant’s motion to suppress the evidence.

Because the informant’s top did not provide a basis of knowledge for the allegation that defendant had an illegal firearm, we hold that the informant’s tip was insufficient to provide probable cause to search the backpack. Therefore, the warrantless search of defendant’s backpack was not justified, and the evidence obtained from that illegal search must be excluded.

Reversed and vacated.

State of North Carolina v. Wright (Lawyers Weekly No. 011-170-23, 22 pp).

(Allison Riggs, J.) Appealed from Mecklenburg County Superior Court (Lisa Bell, J.) Attorney General Joshua H. Stein,

by Assistant Attorney General Caden W. Hayes, for the State; Appellate Defender Glenn Gerding, by Assistant Appellate Defender Katy Dickinson-Schultz, for defendant-appellant.

Tort/Negligence Emotional Distress – Bankruptcy – First Impression – Conflict Preemption The defendant-creditor placed numerous phone calls to the plaintiff-debtor, attempting to collect on a debt that had been discharged in bankruptcy, despite the bankruptcy court’s discharge injunction and the creditor’s acknowledgment that plaintiff was represented by counsel. On an issue of first impression, the court concludes that the Bankruptcy Code does not preempt plaintiff’s post-bankruptcy claims of intentional infliction of emotional distress, negligent infliction of emotional distress and violation of the North Carolina Debt Collection Act. The district court’s grant of summary judgment for defendant is affirmed in part, vacated in part and remanded.

The Bankruptcy Code does not include

24

express preemption language, and defendant has waived any argument about field preemption. Only conflict preemption is at issue. Defendant could comply with both the Bankruptcy Code and North Carolina law; consequently, direct conflict preemption does not apply. The court must determine whether North Carolina law presents an obstacle to the accomplishment and execution of the purposes and objectives of the Bankruptcy Code.

While the primary objective of the Bankruptcy Code is to grant a fresh start to the honest but unfortunate debtor, the Code also seeks to protect creditors by providing equitable distribution of a debtor’s assets, limiting what debts are dischargeable and providing a prompt and effectual administration and settlement of the debtor’ estate. Ease and centrality of administration are foundational characteristics of bankruptcy law.

Considering those objectives, plaintiff’s state law claims create no obstacle to providing him with a fresh start.

Plaintiff’s claims are almost exclusively based on events which took place after the bankruptcy case was closed. And they are not inconsistent with, nor do they have any impact on, any order issued during the case. So, we cannot see how they detract from the ease or centrality with which the federal bankruptcy system operates.

While 11 U.S.C. § 105(a) allows for contempt of court relief, it simply permits a bankruptcy court to “issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title.” Since § 105(a) is neither specific to discharge injunction violations nor comprehensive, it is not the type of Congressionally designed balance that implicates obstacle preemption.

Admittedly, plaintiff’s state law claims provide greater remedies than those available under the Bankruptcy Code for the same conduct. We see no reason why the mere fact that state law claims provide broader remedies than federal law means the state claims are preempted. There are no indications that Congress sought to limit remedies to facilitate a certain public-policy outcome. Rather, the remedies plaintiff seeks further one of the primary goals of the

Bankruptcy Code and the discharge injunction: a fresh start for debtors. And they do not obstruct any other significant federal objective of the Bankruptcy Code.

Plaintiff’s state law claims are not preempted.

A review of the record in the light most favorable to plaintiff reveals that he has made out claims for violations of the NCDCA (the district court did not consider the merits of plaintiff’s emotional distress claims). He has also made out a claim as to whether defendant’s violation of the Fair Credit Reporting Act led to his credit denial from SunTrust; however, his complaint does not state facts related to his 2015 and 2018 credit disputes, so the district court properly granted summary judgment for defendant as to these latter disputes.

Finally, plaintiff failed to show that defendant made automatically dialed phone calls to him; consequently, he has failed to make out a claim under and the Telephone Consumer Protection Act. Affirmed in part, vacated in part and remanded.

Dissent (Wynn, J.) Several aspects of the Bankruptcy Code establish that it was Congress’s intent to preempt the types of claims brought by plaintiff. One such aspect is the comprehensive and particularly federal nature of bankruptcy law.

Furthermore, permitting state-law causes of action to redress purported violations of the injunction would undermine the uniformity the Code endeavors to preserve and stand as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.

Accordingly, because I believe that plaintiff’s state-law claims, to the extent they are premised on a violation of the automatic stay or discharge injunction, are preempted by the Bankruptcy Code, I respectfully dissent as to those parts of the majority opinion holding otherwise.

Guthrie v. PHH Mortgage Corp. (Lawyers Weekly No. 001-095-23, 39 pp.) (Marvin Quattlebaum, J.) (James Wynn, J., concurring in part & dissenting in part) No. 22-1248.

Appealed from USDC at Wilmington, N.C. (Terrence Boyle, J.) United States Court of Appeals for the Fourth Circuit

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VERDICTS & SETTLEMENTS $900,000 SETTLEMENT

Wrongful death settlement reached before second trial Action: Excessive use of deadly force by a sheriff's deputy Injuries alleged: Wrongful death Case name: Estate of Michael Scott Knibbs v. Anthony Momphard and Brent Holbrooks in his official capacity as sheriff of Macon County Court/case no.: Western District of North Carolina / 1:19-cv-130

Judge: Max Cogburn Jr. Amount: $900,000 Date: June 21, 2023 Most helpful expert: Dr Jonathan Arden, forensic pathologist, of McLean, Virginia Attorneys: Mark Melrose and Adam Melrose of Melrose Law, Asheville and

Waynesville (for the plaintiff ); Patrick Flanagan and Jake Stewart of Cranfill Sumner, Charlotte (for the defendant) The case was initially tried to a hung jury and then was settled before the re-trial. Cogburn originally had dismissed the case at summary judgment but was reversed by the 4th Circuit Court of Appeals. ◆

$878,000 RULING

Appeal wins right for Wake County quarry to take in tract Action: Appeal of permit denial Case name: Wake Stone Corp. v. North Carolina Department of Environmental Quality, Division of Energy Mineral and Land Resources Court/case no.: OAH 22 EHR 00952 Judge: Administrative Law Judge Donald van der Vaart Venue: North Carolina Office of Administrative Hearings Amount: $878,966.58 for attorney and witness fees and cost Date: Aug. 11, 2023 Attorneys: A. Charles Ellis and Hayley R. Wells or Ward and Smith, Greenville (for the plaintiff); Marc Bernstein, Carolyn McLain and Kyle Peterson, North Carolina Department of Justice, Raleigh (for the respondent) In April 2020, Wake Stone Corp. submitted to the Division of Energy, Mineral and Land Resources (DEMLR) of the North Carolina Department of Environmental Quality (DEQ) a permit modification application to expand its mining operation at Triangle Quarry in Cary to an adjacent parcel of land, the Odd Fellows tract. Triangle Quarry and the Odd Fellows tract are adjacent to William B. Umstead State Park. Triangle Quarry has operated without any adverse effects on Umstead Park since 1981.

Brian Wrenn, then DEMLR director, denied the modification application, finding that, under N.C. Gen. Stat. § 7451(d)(5) of the Mining Act, the proposed mining operation would have a significantly adverse effect on the purposes of Umstead Park through noise, visual and traffic impacts.

Wake Stone filed a contested case petition in the Office of Administrative Hearings. After a two-week hearing, Administrative Law Judge Donald van der Vaart reversed Wrenn's denial, finding that DEQ violated the Mining Act by not issuing its decision within the statutory deadline.

Van der Vaart also found, as an alternative and independent ground for reversal, that DEQ had not authorized Wrenn to act on the application. DEQ produced no evidence that DEQ Secretary Elizabeth Biser properly delegated her authority to rule on the application to Wrenn as required by the Mining Act and the Executive Organization Act. Van der Vaart also found that Wake Stone met its burden under the Administrative Procedure Act to show that DEQ substantially prejudiced its rights and acted unlawfully, arbitrarily or capriciously. Among other findings, van der Vaart found that Wrenn unreasonably ignored the results of a comprehensive

two-week noise study conducted at Umstead Park and approved by DEMLR. The study concluded that the noise impact on Umstead Park from the proposed mining operation on the Odd Fellows tract would not constitute a significantly adverse effect on park purposes. The evidence also showed that any possible effect from noise would be on a small area of the park with no designated hiking trails.

Van der Vaart also rejected as speculative Wrenn's conclusion that the proposed new pit might be visible from this same small area of the park. Wrenn did not personally visit the area in question and summarily concluded that Wake Stone could not mitigate any visual effects without giving Wake Stone that opportunity. Finally, van der Vaart found that traffic concerns outside the park did not constitute a significantly adverse effect on park purposes.

Van der Vaart ordered DEQ to grant the modified permit to Wake Stone within 30 days from the date of the decision, incorporating in the permit the mitigation and site and erosion control plans to which Wake Stone had previously agreed. Having found DEQ's actions to be arbitrary or capricious, van der Vaart also awarded Wake Stone $878,966.58 in attorneys' fees, witness fees and costs.◆

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VERDICTS & SETTLEMENTS $6 MILLION SETTLEMENT

Agreement reached following worker being wounded at plant Action: Personal injury Injuries alleged: Spinal cord Case name: Withheld Court/case no.: Withheld Jury and/or judge: Withheld Mediator: Scott Hart of Sumrell Sugg in New Bern

Amount: $6 million Date: Aug. 1, 2023 Attorneys: Cate Edwards and Kristen Beightol of Edwards Beightol, Raleigh (for the plaintiff) The plaintiff, 32, was shot from behind while in a stairwell at the plant where he

worked. He is now wheelchair-bound.

The plaintiff had been denied workers’ compensation, and he came to his attorneys on the eve of the statute of limitations.

The legal issues in the case were complex.

In addition to the settlement, the plaintiff’s employer forgave his six-figure medical liens.◆

$6.15 MILLION SETTLEMENT

Few details available after two people hurt by explosion Action: Personal injury Injuries alleged: Injury to two adults resulting from an explosion Case name: Withheld Court/case no.: Withheld

Mediator: Withheld Amount: $6.15 million Date: April 26, 2023 Attorneys: Mark Melrose and Adam Melrose of Melrose Law, Asheville and Waynesville (for the plaintiff)

Pursuant to the mediated settlement between the parties, the only information that can be disclosed is the amount of the settlement and that the case involved personal injuries resulting from an explosion.◆

$308,000 VERDICT

Gate bars access to property bought in foreclosure Action: Private nuisance Injuries alleged: Impaired easement rights causing delay in property repairs Case name: Jaqueline Amato v Karl W. Miller Court/case no.: New Hanover County Superior Court / 21-CVS-776 Jury and/or judge: Judge Stephen R. Futrell Amount: $308,940 (reduced to $250,000 under state statute) Date: Sept. 12, 2023

Attorneys: W. Cory Reiss of Reiss & Nutt, Wilmington (for the plaintiff) Plaintiff purchased residence out of foreclosure. Prior owner was the defendant, who also owned two surrounding properties. Access to the subject property was over a deeded access easement across one of defendant's properties.

Defendant had installed a gate across the easement to control access to all three properties. Defendant refused to provide

the gate code. Defendant demanded plaintiff deed part of her land to him and make other concessions before granting access, which plaintiff declined to do.

One month without access ensued until entry of a temporary restraining order followed by an injunction to open the gate.

Jury awarded $8,940 for loss of use and $300,000 in punitive damages. The court reduced the punitive damages to $250,000, per state law.◆

Former NC chief justice will join Raleigh firm

C

heri Beasley, a former chief justice of the North Carolina Supreme Court, will join the Haynsworth Sinkler Boyd law firm in January as a shareholder.

Beasley will practice in the firm’s Raleigh office, a news release says. Her practice will focus on commercial litigation, economic development, mediation

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S ta f f r e p o r t and arbitration.

Beasley’s judicial career spanned almost 25 years, and she was the first African American woman to serve as the state’s chief justice. She was elected to the court in 2012 and served as chief justice from March 2019 to December 2020.

She earlier served as an associate judge on the North Carolina Court of

Appeals, a District Court judge in the 12th Judicial District in Cumberland County, and a public defender in Cumberland County, the release says.

She also was the 2022 Democratic nominee for the U.S. Senate seat held by retiring Sen. Richard Burr. Then-U.S. Rep. Ted Budd, the Republican candidate, won the election. ◆

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N O R T H C A R O L I N A L A W Y E R S W E E K LY

LAWYERS IN THE NEWS New associations Adia Craig and Tia Overway have joined Poyner Spruill’s office in Raleigh.

Craig is an associate in the firm’s employment section working on issues such as discrimination, harassment and workplace privacy. Overway’s prac-

tice focuses on civil and commercial litigation, including zoning and land use regulations, condemnation, and disputes involving tort and contractual liability.

Joseph A. Dickinson has joined the Raleigh office of Kaufman & Canoles.

He is of counsel, and his practice focuses on data use, privacy and cybersecurity. He also is a member of four practice groups: data privacy and security, intellectual property, commercial, and litigation.  See LAWYERS Page 30

LAWYER TO LAWYER / Directory COMMERCIAL & CONSTRUCTION LITIGATION John P. Marshall Tough Times Require Trusted Lawyers

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MartinandJones.com Serving Eastern NC 800.662.1234 252.633.1930 • www.olivercheek.com Serving all of North Carolina with offices in Raleigh, Durham and Wilmington.

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COMMENTARY

The flip side of generative AI in law and how to address it

By Anup Iyer

G

enerative artificial intelligence, despite its immense promise, isn’t without its challenges in the realm of

law.

Many legal professionals voice concerns about over-dependence on technology. If we lean too heavily on generative AI, do we run the risk of letting our legal acumen rust over time? Then there’s the often-discussed issue of bias.

Just as a judge’s verdict might be influenced by his or her personal experiences, an AI’s output can reflect the biases in the data it was trained on.

Additionally, in a profession where client confidentiality is paramount, relying on cloudIyer based AI solutions presents real worries about potential data breaches. And last, in a field that thrives on personal touch and nuance, can an AI truly replicate the subtleties and intuition a seasoned lawyer brings to the table?

Embracing the digital evolution in the legal sector is no small feat. While these challenges might initially seem daunting, with proactive strategies, they can be transformed into opportunities for innovation and advancement. Let’s focus on each issue and explore practical solutions that allow us to integrate generative AI into the legal landscape.

Over-dependence on technology Incorporating technology into the legal sphere has its considerations. For one, there’s the thought that consistent reliance might lead to certain skills being used less often. Over-reliance on AI

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might allow data-focused AI insights to overshadow human-centric intuition.

Additionally, being too tech-dependent might challenge adaptability in situations where clients might feel that their issues are not given genuine human attention.

The key lies in balance. Consider generative AI as a refined calculator. Just as using a calculator does not imply one can forget basic arithmetic, employing AI shouldn’t translate to sidelining core legal competencies.

Bias in decision making AI’s integration into law raises concerns about potential biases, stemming from historical data, homogeneous development teams, an over-emphasis on quantitative data and AI’s tendency to generalize. These biases can lead to unfair judgments, erode trust in legal systems and present ethical dilemmas for legal professionals. Addressing these is crucial to ensure that AI aids in delivering justice rather than compromising it.

The responsibility hinges on curating diverse and inclusive training data sets for AI. Teaming up with data scientists can help guarantee that the AI’s educational resources are comprehensive and devoid of prominent biases. Routine checks of AI outcomes can assist in identifying and addressing biases.

Data security concerns Incorporating generative AI into legal practices introduces data security challenges, arising from potential cyberbreaches, possible insufficient encryption, vulnerabilities in cloud storage, and data-sharing risks. These concerns threaten client confidentiality, risk exposure of case strategies and can lead to regulatory implications.

In choosing an AI platform, emphasize

options equipped with strong security features, such as comprehensive encryption and multilevel verification. If cloud solutions raise concerns, explore in-house alternatives. Collaborate with cybersecurity experts for routine security checks.

Lack of human touch The integration of generative AI in law raises concerns about losing the human touch. Legal practice thrives on empathy, intuition, contextual understanding and relationship building, aspects that AI can’t fully replicate. An over-reliance on AI might reduce client satisfaction, pose ethical questions and diminish professional fulfillment for lawyers. To truly benefit from AI, a balanced approach that combines technology with the human essence of law is essential.

AI should serve as a support tool, not an outright substitute. While AI can offer analytical insights and comprehensive background details, crucial interactions like client meetings, strategy deliberations or courtroom representations demand the irreplaceable human touch.

Organize training modules that focus on interpersonal skills and instinctive judgments and reinforce lawyers’ connection to the personal dimensions of their work.

Generative AI has its hurdles in the legal world. However, with planning and proactive measures, these challenges can not only be mitigated but turned into opportunities for growth and evolution.

Anup Iyer is an associate at Moore & Van Allen in Charlotte. His practice focuses on assisting clients with obtaining patent and trademark rights; patent drafting, prosecuting and searching; freedom to operate and invalidity opinions; infringement and due diligence analyses; and trademark clearance and registration. ◆

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COMMENTARY

NC justices to decide many interesting cases B y T r o y S h e lt o n

I

t’s not easy keeping up with the cases at the North Carolina Supreme Court.

Often, important opinions are issued before most lawyers even learn the questions are pending before the court.

I’ve done the dirty work of finding some of the interesting pending cases at the court. Here’s what we can expect from it in the months ahead.

COVID-19 comes to the court The coronavirus pandemic might be in the rearview mirror for many of us, but COVID-19 lawsuits are just now appearing before the court.

An important case for small businesses is North State Deli v.

Cincinnati Insurance Co. A group of 16 restaurants has sought discretionary review, asking whether the restaurants’ business interruption insurance policies Shelton provide coverage for losses incurred due to the pandemic and shutdown orders. Because of the similarity of policy language across insurers, this seems like an important case for the court to hear.

Two other COVID-19 cases involve claims against the University of North Carolina System. In the early days of the pandemic, the General Assembly immunized universities against claims for refunds and fees paid for the 2020 spring semester. In one case, Dieckhaus v. Board of Governors, a class action seeks a refund of those very fees and challenges the immunity legislation as unconstitutional.

The other case, Lannan v. Board of Governors, also is a class action. It seeks a refund of fees due to closures in fall 2020, outside the immunity legislation, based on implied-contract theory. The university acknowledges that it can be sued for breaches of express contracts, but it argues

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that it retains sovereign immunity against implied-contract theories.

The last COVID-19 case is political. When executive branch officials issued shutdown orders, Ace Speedway defied the orders and kept holding races. The N.C. Department of Health and Human Services sued to stop the speedway. Although an injunction was issued, the speedway counterclaimed under the state constitution, alleging selective enforcement of the laws and a violation of the racetrack’s right to earn a living. The suit seeks damages for those constitutional violations.

Before the Supreme Court, the parties in Kinsley v. Ace Speedway dispute whether the speedway has valid claims under the state constitution and whether damages are recoverable at all. On the latter point, the state hopes to trim back on Corum v.

University of North Carolina claims — claims brought directly under our state constitution — by limiting the circumstances in which plaintiffs can reach the state’s coffers.

Claims by children A handful of cases raise constitutional challenges to efforts by the legislature to both lengthen and shorten claims by injured children.

In 2019, the General Assembly enacted what’s often called the SAFE Child Act. The act temporarily revived claims that had become barred by the statute limitations for adults who, when they were children, had been sexually abused.

The law spawned lots of litigation, particularly against institutions that had employed abusers, such as public schools and civic organizations.

Cohane v. Home Missioners asks whether, as a matter of statutory interpretation, the claims against employing institutions have been revived or whether the revival only applies to the abusers.

McKinney v. Goins is a constitutional challenge to the revival provision. A local school board is arguing that it has a state

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constitutional right, under the Law of the Land Clause, not to have claims against it revived once they have become timebarred. As in Cohane, the Court of Appeals sided with the student victims in a split decision. (Full disclosure: I filed an amicus brief supporting the student victims, arguing that the law of the land clause only protects people, not governmental entities.)

The opposite type of legislation is being disputed in Morris v. Rodeberg. In general, claims by children are tolled until the child turns 18. But, in 2011, the legislature required some minors to bring malpractice claims before they turned 18. Although the parties disagree on the question of statutory interpretation, the case likely turns on the child’s argument that the early accrual of his claim, while he was still a child, violates the state and federal constitutions.

Other state constitutional issues The court also is considering a smorgasbord of cases touching on unique provisions in our state constitution.

First, the court recently granted discretionary review to determine the constitutionality of the state’s certificate-of-need law. Under the law, the state determines medical needs for various services, like MRI machines. The state then grants certificates of need to health care providers so that the precise number of services, and no more than that, is provided across the state.

In Singleton v. DHHS, the court will decide whether this statutory scheme violates various provisions of the state constitution. (Full disclosure: My firm represents amici defending the law’s constitutionality.)

Next, Leandro v. North Carolina seems likely to return to the court. In 2022, the court determined that it could order the General Assembly to spend money to fulfill the state constitution’s guarantee of a sound basic education for all children. The  See SHELTON Page 30

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LAWYERS ■

Continued from Page 27

Chris Hamby and Bradley Trexler have joined Matheson & Associates of Raleigh. Hamby’s practice focuses on alcohol and business law in the craft beverage industry. Trexler practice focuses on criminal defense.

Emily Larrabee has joined the Raleigh office of Cranfill Sumner as an associate. Her practice includes representing licensed professionals, including attorneys and accountants, against malpractice actions and transportation providers in general liability matters.

Grayson Owens has joined the Raleigh office of Kaufman & Canoles.

He is an associate in the commercial and intellectual property practice groups.

Clare Poston has joined the family law practice at Tharrington Smith. She previously clerked at the firm for two summers while a student at the Campbell University School of Law. Katie Schwarting has joined Seyfarth Shaw’s Charlotte office as a partner in its real estate department. She will chair the newly created servicing and special servicing practice group.

Mindy Fox Staley has joined Robinson Bradshaw. Her expertise includes health care regulatory issues and service as an in-house counsel.

Dominic Totman has joined the Cranfill Sumner’s Raleigh office. His of counsel practice focuses on business, corporate and health care law, mergers, acquisitions, and estate planning.

Sara West has joined Tharrington Smith as an associate in its family law group. West clerked with the firm in summer 2022.

Gracie Wheeler has joined the Wilmington office of Cranfill Sumner as a paralegal. She supports lawyers in the medical malpractice group.

Christine Wienberg has joined Wofford, Burt of Charlotte. Her practice focuses on prenuptial and postnuptial agreements, domestic violence, divorce, mediation, child custody and asset division.

Honors Dan Cahill, managing partner of Poyner Spruill, was recently honored by the Raleigh Chamber of Commerce for his service as chairman of its board. His accomplishments include organizing the chamber’s first sustainability conference; leading the 2023 Regional Skills Analysis, which reviewed current and future hiring needs of businesses; and overseeing the chamber’s 10th annual Women’s Leadership Conference and the Diversity, Equity & Inclusivity

Conference, each of which drew more than 1,100 attendees.

Abigail C. Seymour, founder of Camino Law in Greensboro, has been selected to participate in the Goldman Sachs 10,000 Small Business Program.

One of 170 entrepreneurs nationwide chosen for the program, Seymour will receive specialized training designed to empower small businesses.

Law firms Casey Burke, an experienced pro bono lawyer, has been named the first executive director of the Charlotte Legal Initiative to Mobilize Businesses.

CLIMB is a nonprofit legal services organization created to provide pro bono law services to historically under-represented entrepreneurs and small business owners of limited means in the Charlotte area. It was created by 11 law firms: Alston & Bird, Bradley, Cadwalader, Hunton, McGuireWoods, Mayer Brown, Moore & Van Allen, Parker Poe, Troutman Pepper, Robinson Bradshaw, and Womble Bond Dickinson.

Seyfarth Shaw has launched a servicing and special servicing group to help guide clients in the real estate financing market. The new practice will be chaired by Katie Schwarting, who recently joined the firm’s Charlotte office. ◆

SHELTON ■

Continued from Page 29

court remanded to determine the amount to be paid. Now that this has happened, the legislature has appealed and is seeking to go straight to the Supreme Court for review and reconsideration of that 2022 ruling. It’s an open question whether the court will accept the bypass petition and jettison its recent precedent.

Finally, a case involving a fired UNC sys-

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tem professor is headed to the court. Part of Mitchell v. Board of Governors is a First Amendment challenge, asking whether the professor’s comments about race and academia were matters of public concern, and thus protected speech for which he couldn’t be fired. (I represent Mitchell in this appeal.)

Historically, our courts have deferred.

This case asks whether deferral can be

squared with the court’s duty to say what the law is. The U.S. Supreme Court cut back on this type of deference a few years ago (and was one vote shy of jettisoning it altogether). Now, the N.C. Supreme Court may weigh in as a matter of state law.

Troy Shelton is an appellate partner in Raleigh at Fox Rothschild. He works with trial attorneys to win on appeal in state and federal courts. ◆

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FAMILY LAW

THE

powerLIST FAMILY LAW  THE POWER LIST LISA M. ANGEL.....................................................................31

SCOTT MONTGOMERY.........................................................35

JONATHAN BREEDEN...........................................................31

MICHAEL F. SCHILAWSKI......................................................35

THE

RONNIE D. CRISCO JR..........................................................32

JIM SIEMENS.......................................................................36

GRAY ELLIS..........................................................................32

powerLIST

KETAN SONI.........................................................................36

JILL SCHNABEL JACKSON....................................................32 ELIZABETH JOHNSTONE JAMES...........................................32

WENDY SOTOLONGO............................................................37

ALICIA JURNEY.....................................................................33

MARK E. SULLIVAN...............................................................37

HEALTHCARE MARSHA C. KENNEDY..........................................................33

GENE BRENTLEY TANNER.....................................................37

DANA B. LEHNHARDT...........................................................34 NADIA A. MARGHERIO..........................................................34

JENNIFER THARRINGTON.....................................................37

JEFFREY E. MARSHALL........................................................34

THERESA VIERA....................................................................38

ANGELA McILVEEN...............................................................34

CAROLYN WOODRUFF, CPA...................................................38

THE

LISA M. ANGEL

JONATHAN BREEDEN

powerLIST PRESIDENT AND OWNER, THE ROSEN LAW FIRM RALEIGH, N.C.

HEALTH CARE Over the last three decades as an attorney, Lisa Angel has built a reputation as an expert in family law. She has spent her entire career at The Rosen Law Firm in Raleigh, serving as president and owner since 2017.

She was attracted to family law for its opportunities to help families in crisis.

“Families are a critical structure in our society,” she says.

“The mental health of children and their parents is often directly intertwined with the divorce process, and family lawyers have the capacity to help their clients heal.”

Among the hallmarks of Angel’s career are service to her community, and she is most proud creating Project Together, a Wake County program thatBUSINESS recruits and trains lawyers to DEFENSE serve as pro bono counsel for domestic violence victims.

She says if she were not practicing law, she would focus on climate change and sustainability, and she hints at a second career down the road.

“You never know,” she says. “It could be phase two.”

THE

OWNER AND ATTORNEY, BREEDEN LAW OFFICE GARNER, N.C.

As a ninth grader, Jonathan Breeden read The Federalist Papers in a civics class and was fascinated by the Founding Fathers’ concepts of democracy and government. He made it his mission to become a lawyer.

In 2000, he opened the Breeden Law Office, focusing on criminal defense. Later, he broadened his scope to family law based on the demand from local families facing breakup. Along the way he discovered a love for advocating for children in custody cases and helping them out of bad situations.

“Once you start helping children, it is hard to stop,” he says.

Breeden also enjoys focusing on client service, starting with his dedicated intake team, and culminating in a strategy to help in his clients’ cases.

“We strive to be honest with our clients and share what we believe is a reasonable outcome,” he said. “We find this helps clients get in the right mindset going into litigation or a settlement and helps us settle a lot of cases outside of court.”

powerLIST THE

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FAMILY LAW

RONNIE D. CRISCO JR. PARTNER, ARNOLD & SMITH CHARLOTTE, N.C.

Ronnie Crisco recalls the fear he felt as a child when he came across a copy of his parents’ separation agreement. In a video on his website, he describes what that feeling was like and how it charted the course for his adult life.

“It was crazy to think these things we call laws are invisible rules that are all around us, and even as a kid, they can affect you,” he says. “I decided when I grew up, I was going to be the guy that knew that rulebook from front to back.”

Today, as a partner at Arnold & Smith in Charlotte, he helps other people navigate those rules. While Crisco is a certified specialist in family law, he also oversees a strong general litigation and criminal defense practice.

In 2006, Crisco founded the Mooresville High School mock trial team. Over the years, his teams have earned two regional championships, numerous individual awards and honors, and made three trips to the state finals.

JILL SCHNABEL JACKSON ATTORNEY, JACKSON FAMILY LAW RALEIGH, N.C.

Jill Jackson takes a practical approach to her role as a family law attorney in Raleigh.

She talks with every client about all their options and advises them on what makes the most sense for their case.

Jackson says her first experience with family law during a summer internship at the Sylva office of Legal Aid of North Carolina led her to practice in that area.

“I loved the humanity of family law,” she says. “The issues could be complex and interesting, but at the end of the day, I worked with people who told me their life stories and it was my job to figure out solutions.”

One of her top accomplishments was drafting the appellant’s brief in Mason v. Dwinnell, which resulted in the first decision from an N.C. appellate court affirming the custodial rights of a non-biological intended parent in a samesex relationship.

“I have witnessed people at times of great stress who exhibit grace, kindness and humility,” she says. “Family law is never boring.”

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GRAY ELLIS

FOUNDER AND PARTNER, ELLIS FAMILY LAW DURHAM, N.C. For Gray Ellis, practicing law is personal.

He recalls helping a father win custody of his 14-year-old son, but the father was diagnosed with pancreatic cancer. Ellis promised him to ensure the best for his son after his death.

“Not long after that conversation, he died,” Ellis says. “I attended his son’s high school graduation and wrote a recommendation letter for him for college.”

As a college student, the young man selected Ellis as one of his heroes and wrote a college paper about him.

Ellis says that opportunities such as that have kept him in family law, an area that has inspired him since before he went to las school.

“I was a juvenile court counselor in Wake County after undergrad, working with families in crisis through the lens of the children,” he says. “I seemed to have the ability to connect with people and see through the issues to the heart of the problem. Thus, it seemed to be my calling.”

ELIZABETH JOHNSTONE JAMES PRINCIPAL, OFFIT KURMAN CHARLOTTE, N.C.

As a family law attorney in Charlotte, Libby James places a premium on learning — “learning from other attorneys, from judges, from case decisions,” she says. “As a family law attorney, you cannot stop learning.”

James points out that a valuable characteristic leading to her success as an attorney is her ability to think of an opposing counsel as both an adversary and a colleague, which takes effort, she says.

“Remember that your opposing counsel is representing their client to the best of their ability and that does not mean that they are an enemy,” she says.

James, who is a fellow of the American Academy of Matrimonial Lawyers, enjoys practicing family law for the variety of areas it touches.

“Family law attorneys deal with property law, bankruptcy, tax implications, intellectual property, and that is just a start,” she says. “You never stop being surprised by human nature, and even after practicing 17 years, there are still moments that shock me.”

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FAMILY LAW

ALICIA JURNEY

PARTNER, SMITH DEBNAM ATTORNEYS AT LAW RALEIGH, N.C. Alicia Jurney takes a creative approach to solving her clients’ problems and is always up for taking on new challenges.

As a certified family law specialist in Smith Debnam’s family law practice, she represents clients across a wide spectrum of matters.

Jurney’s practice encompasses all levels of jurisdiction within North Carolina, including jury trial experience and appeals to the North Carolina Court of Appeals and North Carolina Supreme Court.

She is an alumna of the firm’s summer associate program, and graduated from Campbell Law with honors. Upon graduation, she received the CLS Alan & Mary Button Service Award and the Fred O. Dennis Award and was elected a member of the Order of Barristers.

Jurney chairs the board of directors for Haven House Services, a nonprofit agency that helps struggling young people and their families develop positive and successful relationships at home, at school and in the community. She also is a collaborative attorney with The Integrated Accountability and Collaborative Transparency Program.

MARSHA C. KENNEDY MANAGING PARTNER, KENNEDY LAW ASSOCIATES CHARLOTTE, N.C.

For Marsha Kennedy, family law is a passion and a calling, and she is committed to not only helping individuals successfully navigate the divorce process, but also helping them rebuild and restore their lives.

She started her career practicing business law at a large firm, but it was her pro bono work for victims of domestic violence that inspired her to shift her focus.

“I realized I wanted to work in a field where I could help people on a more personal basis, and specifically help women,” she says.

In recent years, she has been working with the Council for Children’s Rights, leading divorce workshops and helping individuals across Charlotte deal with the emotional and legal aspects of ending a marriage.

“My successes come when I win a custody suit and see a new father gain equal rights to his child, or I help a woman get her fair share or the assets,” Kennedy says. “My successes come from empowering people in a healthy way.”

Thank You for recognizing

Theresa E. Viera on the Family Law Power List.

Our team can help with your family law needs and referrals.

704.286.6302 modernlegalnc.com

Congrats!

CAROLYN WOODRUFF, JD, CPA, CVA Recognized by NC Lawyers Weekly as a 2023 Power Player in North Carolina

Top 20 Most Influential Family Law Attorneys 420 W Market St, Greensboro, NC 27401 Phone: 336-272-9122 www.woodrufflawfirm.com

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DANA B. LEHNHARDT MANAGING PARTNER, LEHNHARDT PRICE FAMILY LAW MONROE, N.C.

After watching her own parents struggle with navigating co-parenting after their divorce, Dana Lehnhardt resolved to pursue a career to help other families going through the same experience.

“I believed it was important to be a voice and an advocate for other divorcing parents,” she says.

Lehnhardt is managing partner of Lendhardt Price Family Law in Monroe, N.C. which she started in 2018 with her law partner, Jessica Price. She is a certified family law specialist and a certified family financial mediator.

Among Lehnhardt’s most significant contributions are her donations of time, energy and dollars to her community and many nonprofit boards throughout Union County and the surrounding area.

Contributing to her success as a family attorney is the level of client trust she has earned over the years.

“My clients believe in what I am telling them even if they may not like my advice,” she says. “They know I am honest and straight-forward and looking out for their best interests.”

JEFFREY E. MARSHALL MANAGING PARTNER, MARSHALL & TURNER RALEIGH, N.C.

Motivated by the opportunity to help people live safer, happier lives, Jeff Marshall has devoted his career to family law, which he has been practicing for over 25 years. He is also a certified family law specialist.

Marshall is managing partner at Marshall & Turner in Raleigh, where he and his colleagues focus on helping people in crisis, paying special attention to their most vulnerable clients — children.

“Kids can be in a tough situation, and crafting ways to get the parents on track is one of our biggest challenges,” Marshall says. “We focus on helping people at their worst, with the goal of having them leave in a better position and place than when they first hired us.”

Marshall believes the key to success as a lawyer is cultivating listening skills.

“I listen to my clients, and I don't box them into a certain outcome,” he says. “I spend time striving to understand their goals and work hard to help my clients achieve them.”

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NADIA A. MARGHERIO PRINCIPAL, SODOMA LAW CHARLOTTE, N.C.

After receiving a Master of Social Work degree, Nadia Margherio found her life’s passion as a social worker in the Office of the Public Defender, where she performed a variety of services geared toward helping children.

But she believed she could do more to help them if she represented them in court, so she enrolled at the University of South Carolina School of Law and became a lawyer.

“Serving others, and especially families and children, to the best of my ability was the passion behind my decision to enter law school and practice family law,” she says.

In addition to her work as a family attorney and principal at Sodoma Law in Charlotte, Margherio also serves as a court-appointed guardian ad litem and is a licensed parenting coordinator.

She considers tenacity among her top skill sets for success.

“I think outside the box and find creative solutions to accomplish the tasks at hand, and I will not stop until I achieve the desired outcomes,” she says.

ANGELA McILVEEN CEO AND CO-FOUNDER, McILVEEN FAMILY LAW FIRM CHARLOTTE, N.C.

As the CEO and co-founder of the McIlveen Family Law Firm, Angela McIlveen is the driving force behind her firm’s growth. She practices with her husband and business partner, Sean McIlveen.

She says she had tried other areas of law before becoming a family law attorney, and through those experiences, she found her passion for helping people and being in a courtroom.

For McIlveen, resilience is the key to her success.

“To be a successful attorney you need to be able to bounce back from difficult days,” she says. “We all have bad days and experience stress, but it’s how we deal with it that defines us.”

In law, McIlveen found a career that is a perfect fit, and she can think of nothing she’d rather do. Someday though, she hopes to retire to life on a small farm.

“I grew up on a farm and I often feel the land is calling me,” she says. “If I can’t be in the courtroom, I want to be in my garden.”

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SCOTT MONTGOMERY PARTNER, MONTGOMERY FAMILY LAW CARY, N.C.

As a partner with Montgomery Law in Cary, Scott Montgomery focuses his practice exclusively on family law. He enjoys helping his clients navigate a variety of legal matters, including equitable distribution of marital property, divorce, child custody and support, and alimony, as well as adoption and various other legal issues arising from separation and divorce.

Born in Raleigh and raised in Cary, Montgomery graduated with honors from Wake Forest University in 2003 with a degree in psychology. He returned to WFU to attend law school, where he was awarded the American Academy of Matrimonial Lawyers Family Law Student Award in 2007. He is a certified specialist in family law.

Montgomery is an active member of the family law section of the North Carolina Bar Association and has served as the section’s treasurer and as a member of its pro bono committee. He also is an active member of the Wake County Bar Association.

RONNIE CRISCO Partner, Arnold & Smith, PLLC North Carolina Board Certified Family Law Specialist

PRACTICE AREAS Child Custody Child Support Equitable Distribution Spousal Support Prenup/Postnup 50B/50C Construction Torts Business Disputes AA/CC Emotional Distress Estate Litigation LLC or S-Corp Setup Contract Drafting TPR Adoption Name Changes Domestic Violence

MICHAEL F. SCHILAWSKI FOUNDING PARTNER, WAKE COUNTY FAMILY LAW GROUP RALEIGH, N.C. With a reputation as a skilled and empathetic mediator, Michael Schilawski also relies on his experience as an educator to cultivate relationships with his clients.

“In my career before law, I was a high school teacher and coach, and later a counselor and assistant principal,” he says. “Those ventures taught me great patience and listening skills, traits that served me well in my law practice, both in mediation and arbitration settings.”

Schilawski’s entry into family law was serendipitous, starting at the beginning of his legal career.

“When I began practicing law, my law partner was devoted to real estate law, and I covered everything else,” he says. “After several years, the bulk of my work was in family law, and in 1989, I was among the first attorneys certified as North Carolina specialists in family law and soon my practice was limited to family law exclusively.”

In 2006, Schilawski was part of a group of attorneys who founded Wake County Family Law Group.

Thank you, Lawyers’ Weekly, for recognizing Jonathan Breeden’s work protecting children and families in Johnston, Harnett, and Wake Counties.

Ronnie Crisco is a partner at Arnold & Smith, PLLC and is a North Carolina Board Certified Family Law Specialist. He is recognized for his proficiency in handling diverse family-related legal matters. In addition to his accomplishments in family law, Mr. Crisco leads the Arnold & Smith, PLLC general civil litigation practice. Mr. Crisco serves several North Carolina counties, including Iredell, Mecklenburg, Lincoln, Catawba, Rowan, Union, and Cabarrus Counties. Clients can rely on Mr. Crisco for legal guidance, negotiation, and strong representation in the courtroom when their cases require it.

A R N O L D S M IT H L A W .C O M

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Breeden Law Office welcomes your family law referrals in Johnston, Harnett, and Wake Counties.

www.breedenfirm.com 919.661.4970 35

FAMILY LAW

JIM SIEMENS

KETAN SONI

OWNER AND ATTORNEY, SIEMENS FAMILY LAW GROUP ASHEVILLE, N.C. Jim Siemens is known as a problem solver who focuses on building positive relationships with clients, colleagues and judges. In 1994, he launched Siemens Family Law Group as a general practice in Asheville and started working to develop his trial skills. Today, his practice focuses on family law.

“Beyond trial skills, family law requires emotional intelligence and specifically the ability to attune, empathize, regulate, and focus,” Siemens says. “I’ve been able to combine a skill set and a mindset that allow me to thrive in family law.”

Siemens says he is a challenger by nature.

“Figuring out the truth of a situation matters to me,” he says. “And once I see it, I’m pretty dogged in pursuit of it. I think judges and juries perceive my ultimate motivation, and so I am generally a trusted advocate.”

He recently launched Insight Divorce Coach, a law-related service providing broader support to clients in the divorce process.

JACKSON F A M I L Y

L A W

Jill Jackson combines practical advice with an academic knowledge of family law and years of litigation & appellate experience to help her clients reach the best outcome for them and their children.

PARTNER, SONI BRENDLE CHARLOTTE, N.C.

After managing a large divorce practice and working at a full-service law firm, Ketan Soni launched Soni Brendle to bring a high level of quality and care to clients in a focused way. He also owns a mediation practice and teaches a 40-hour mediation training course approved by the N.C. Dispute Resolution Commission.

Soni has also taught free seminars on divorce for the public, and in 2014 he developed a child support calculator. He offers it as a free tool for anyone who needs it.

In 2019, he updated the calculator to conform to Child Support Guidelines.

He served on the N.C. Dispute Resolution Commission from 2019 until 2022.

Soni is married with two children and lives in Charlotte.

When he is not working, he enjoys spending time with his family, tinkering with the newest technologies and finding time to travel and experience other cultures.

Congratulations

Angela McIlveen

For being named one of the Top 30 Family Law Attorneys In the Carolinas

• Current Chair, North Carolina Bar Association Family Law Section • Fellow, American Academy of Matrimonial Lawyers • North Carolina Board Certified Family Law Specialist • Extensive appellate experience with family law-related appeals • Frequent CLE Course Planner and Presenter • AV Rating by Martindale-Hubbell • North Carolina Super Lawyers “Top 50 Women Lawyers in NC” and “Top 100 Lawyers in NC”

3801 Computer Dr. Suite 204, Raleigh, NC 27609 919-576-2450 • www.jacksonfamilylaw.com

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Gastonia Office: 174 S South St., Suite 301, Gastonia, NC 28052 Charlotte Office: 400 S Tryon St., Suite 950, Charlotte, NC 28202 Raleigh Office: 434 Fayetteville St., Suite 2300, Raleigh, NC 27601 Phone: (704) 865-9011 w w w. M c I l ve e n Fa m i ly L aw. c o m

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WENDY SOTOLONGO

PARENT DEFENDER, OFFICE OF INDIGENT DEFENSE SERVICES DURHAM, N.C.

MARK E. SULLIVAN

ATTORNEY, SULLIVAN & HILSCHER FAMILY LAW RALEIGH, N.C.

When Wendy Sotolongo was in law school, she already knew she wanted to be a public interest lawyer, and today, she is a parent defender with the Office of Indigent Defense Services in Durham, providing and promoting high quality legal representation for parents impacted by the child welfare system.

Sotolongo started her career at Pisgah Legal Services, primarily helping victims of domestic violence obtain protection and custody orders. She moved into child welfare law after the Department of Social Services became involved in some of her clients’ lives.

“I became engrossed with the complexities of child welfare law, and I have been practicing in that area ever since,” she says.

In 2020, Sotolongo was appointed by the North Carolina State Bar Board of Legal Specialization to the child welfare law specialty committee, which has drafted proposed standards, and administered its first certification exam.

“Having the State Bar recognize the expertise of lawyers who are dedicated to this area of practice has been very rewarding for me,” she says.

Mark Sullivan has been practicing law for over four decades, and in the early 1980s, most of his work began falling into the areas of divorce, support, custody and property division. So, he shifted his focus and never looked back.

“I thought I could make a difference for clients by concentrating my knowledge and skills in just one area — family law,” he says.

A retired Army Reserve Judge Advocate General's Corps colonel after 34 years of commissioned service, he is the author of The Military Divorce Handbook (ABA, 3rd Ed. 2019).

He enjoys helping his colleagues with their cases and loves teaching continuing legal education courses. In 2022, he received the Solo and Small Firm Trainer Award from the American Bar Association, recognizing attorneys who have made significant contributions to educating lawyers on the opportunities and challenges of a small practice.

When discussing his enjoyment of giving back, he quotes Mohammed Ali: “Service to others is the rent you pay for your room here on Earth.”

GENE BRENTLEY TANNER

JENNIFER THARRINGTON

Brent Tanner believes career success lies in helping clients successfully achieve the relief they need from the legal system.

As a recognized expert in military divorce matters, Tanner takes a two-pronged approach to his practice – helping both clients and colleagues.

“I not only use my background for client matters, but to also assist and educate other attorneys in the nuances of military divorce proceedings to help them avoid committing errors unknowingly,” he says.

Tanner says he focuses on family law to help people work through one of the tougher times of their lives, and he admits that while his practice isn’t easy, it is satisfying.

“While the emotional ramifications for clients in family law matters can be taxing, it is one of the few areas where you are able to make a lasting impact on not just the legal rights of a client but also on the emotional well-being and trauma-informed recovery for the clients,” he says.

Unlike many family law attorneys, Jennifer Tharrington works exclusively in assisted reproductive technology law, which involves donations of eggs, sperm and embryos and surrogacy. For the past seven years, she has chaired the committee working to modify the Uniform Parentage Act for North Carolina.

“If we can get it passed, it will provide legal recognition and security for all children in North Carolina, regardless of how they were conceived or born,” she says.

Tharrington says she meets her clients exactly where they are.

“Whether they are a different sex couple struggling through the grief of multiple pregnancy losses, or a same sex couple trying to build their family in the midst of a hodgepodge of outdated laws that don’t comfortably apply to them, I’m here for them,” she says.

For Tharrington, practicing family law is her dream job.

“It was never a question for me,” she says. “I wanted to help my clients in ways that mattered to them, and nothing matters more than family.”

PARTNER, PARKER BRYAN FAMILY LAW RALEIGH, N.C.

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MANAGING PARTNER, VILLAGE LAW GROUP CHAPEL HILL, N.C.

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FAMILY LAW

THERESA VIERA FOUNDER AND ATTORNEY, MODERN LEGAL CHARLOTTE, N.C.

Theresa Viera still remembers the day her mother took that first step to leave her abusive husband who also was Viera’s father.

“She took out the Yellow Pages and began calling the long list of law firms,” Viera says. “It was the assertive-yet-endearing voice of a family law attorney that would not only inspire confidence in my mother, but in me as well.”

Viera, vowing to help other families in need, was the first in her family to become a lawyer. Today, she is the owner and a family law attorney at Modern Law in Charlotte, a firm she opened in 2020.

Viera says she opened her firm to provide holistic expertise, while understanding unique family dynamics and using legal tools available in the judicial system.

“Opening my practice was not only a career choice, but rather a calling to create a different type of law firm designed to address many needs as our clients endure changes in their family dynamic and life,” she says.

CAROLYN WOODRUFF, CPA CEO, WOODRUFF LAW GROUP GREENSBORO, N.C.

As the CEO of Woodruff Law Group, Carolyn Woodruff is known as a visionary leader for her professional contributions and the impact she makes on her community. She says her ability to strategize and communicate effectively is the key to her success.

“I am a strong organizer and thinker,” she says. “Once I have a strategic plan in place, I can provide a creative ‘massage’ to achieve the best outcome.”

Woodruff, a certified public accountant, a certified family Take your events online law specialist, and a certified valuation analyst, was the first North Carolina female fellow of the American College of Tax Counsel.

When Woodruff started practicing law, equitable distribution was new, and she found herself in an excellent position to become proficient in that area of law.

“I found I could use all my skill sets, including forensic accounting and business valuation,” she says. “Practicing family law also enables me to use creativity, and there is never a dull moment.”

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With many of your clients and prospects working from home, now is a great time to engage them through a webinar.

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Hosting is atopowerful waythrough to connect with your tarnowaiswebinar a great time engage them a webinar. get audience, and with North Carolina Lawyers Weekly - you a webinar is a powerful way to logistics. connect with your tarwon’tHosting have to worry about any of the get audience, and with North Carolina Lawyers Weekly - you

won’tyou’re have tolooking worry about any ofan thein-person logistics. event online, or Whether to move just need to generate quality sales leads, our team can Whether you’re looking to move an in-person event online, or help provide service from just turnkey need to generate qualitymarketing sales leads,to ourexecution! team can help provide turnkey service from marketing to execution!

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AUGUST 25, 2021

Jury awards $3.41M to woman sexually abused by father ■ BY HEATH HAMACHER A Wake County jury has awarded $3.41 million to a 23-year-old woman for sexual abuse she endured for nearly a decade.

Ian Richardson of Vann Attorneys and Daniel Barker of Barker Richardson, both in Raleigh, report that their client, Moriah Taylor, was repeatedly Barker sexually abused by her father, David Taylor, from the time she was 8 years old until she reported the abuse to her bishop when she was 17. Her mother, Toby Taylor, knew about the abuse and did nothing to stop it, Richardson said.

Ordinarily, Lawyers Weekly does not divulge the names of victims of Richardson sexual abuse. But Richardson said that his client “wanted to shine a bright light on what happened, as she felt like when she was a child this was improperly swept under the rug by numerous people, including her mother.”

“I think, at least for our client, there was something powerful about facing this situation head-on,” Richardson said.

Court records show that David Taylor was convicted of attempted sexual battery in 2015, and Richardson said that David admitted to sexually abusing Moriah approximately five times, though Moriah claims she was abused “more times than she can count.”

The suit alleged negligence and negligent infliction of emotional distress by Toby Taylor. Richardson said that Toby admitted to knowing that when Moriah and some of her sisters (David and Toby have 11 children together, Richardson said) were younger, David would call them into his home office “to inspect their breasts.”

“Toby told [Child Protective Services] that she knew something was going on, but couldn’t put her finger on it,” Richardson said.

Richardson said that David served just a few days in jail after pleading guilty to the offenses, time meted out

only after he violated probation by contacting Moriah.

“Therefore, we asked a civil jury to hold both he and Toby Taylor accountable for what happened and impose a punishment consistent with the nature of the abuse,” Richardson said.

David and Toby represented themselves at trial. After a three-day trial, the jury deliberated about four hours, Richardson said, before finding them liable on Aug. 19 and awarding Moriah $1,185,800 in actual damages and $2,225,000 in punitive damages.

Nevertheless, Richardson said he considers it only “halftime” in the case, since David and Toby claim that they are too poor to pay the judgment.

“But we have evidence that they own cryptocurrency and substantial precious metals,” Richardson said. “So now we’re going to go focus on collecting.”

Follow Heath Hamacher on Twitter @NCLWHamacher

VERDICT REPORT — SEXUAL ABUSE Amount: $3,410,800 Injuries alleged: Emotional distress and post-traumatic stress disorder Case name: Moriah Taylor v. David and Toby Taylor Court: Wake County Superior Court Case No.: 18-CVS-12294 Judge: Graham Shirley Date of verdict: Aug. 19 Demand: $1 million Highest offer: $25,000 Attorneys for plaintiff: Daniel Barker of Barker Richardson and Ian Richardson of Vann Attorneys, both in Raleigh Attorneys for defendants: None

Reprinted with permission of North Carolina Lawyers Weekly

AMANDA M. CUBIT

Sodoma Law Union Monroe

O

f all Amanda M. Cubit’s accomplishments so far in her career, serving on the board of Turning Point, Inc. has been her most important and rewarding.

Turning Point, in Union County, serves survivors of domestic violence, sexual assault and child abuse. “The mission of this organization is close to my heart as I frequently represent people who have been affected by domestic violence,” she says.

Cubit, a family lawyer with Sonoma Law Union in Monroe, received her law degree from Charlotte School of Law in 2012 after graduating from Clemson University with a Bachelor of Arts degree in political science. She started her career practicing with Legal Aid of North Carolina.

She has happy memories of growing up near Philadelphia, where she enjoyed celebrating birthdays, holidays and important milestones with her parents, two younger siblings and extended family.

“Family has always been the most important part of my life, and I would not be who I am today without their love and support,” she says.

If Cubit could have dinner with anyone of her choosing, it would be her grandfather. She had a close relationship with him, but he passed away when she was young. “There are many questions I would love to ask him, and stories I would love to hear now that I am older,” she says.

During the COVID-19 lockdown, Cubit became enthralled with the show “Below Deck” on the Bravo channel. She is still hooked and rarely misses an episode.

“My brother is captain of a yacht, and the show gives me a look into how he spends his days,” she says. “It goes without saying that we lead very different lives.”

Reprinted with permission of North Carolina Lawyers Weekly

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