WAKE BAR FLYER
CHECK YOUR LOOK IN THE MIRROR Should you change your clothes, your hair, your face before heading to court? • PAGE 3 XXXIIX No. 4 • JULY/AUGUST 2012
Message from the President: TED SMYTH, Tenth Judicial District Bar COME ONE! COME ALL! SAVE THE DATE ON OCTOBER 4, a big evening is scheduled in downtown Raleigh where you can meet the musicians, poets, humorists, cinematographers and satirists – who opted for the other fork in the road rather than stardom, instead choosing law school. Yep, it’s the Fifth Annual Bar Awards, a show you won’t want to miss – and there’s more: it’s for a very worthy cause! If you haven’t been before, this show is a Smyth combination of musical, literary, film and other artistic endeavors performed by the considerable talent pool of our very own WCBA members. One might assume that such an event would involve posers and “wannabe” talent, but that legal presumption is easily rebutted when the credentials are checked. We have great composers, singers, guitarists, music arrangers, keyboardists, bass players, drummers and trumpeters and just about any other talent you could want. As it turns out, a lot of lawyers have secret second lives as artists. Their talents will all be on display for your enjoyment on October 4. What makes this show even better is that all monies raised from this event will go to the Raleigh office of Legal Aid of North Carolina. This is a very efficient charitable event with absolutely no performance fees going to any performers. In fact, a total of more than $40,000 has already been raised for Legal Aid in the first four years of the event. Like many other entities during this recession, Legal Aid of North Carolina has had some pretty tough times. The Smithfield office was closed last year and all cases were sent to the Raleigh office unaccompanied by the people to handle that additional workload. Like many other places, no money was put in the budget for adding staff. The staff working in the Raleigh office, many of whom you know, are struggling to provide services and assistance to numerous people in these down economic times. We would like to support Legal Aid to help those low-income North Carolinians who are struggling in the current economic conditions. The good news is that you can do your part by supporting the show, by helping raise money for Legal Aid AND by having a lot of fun doing it. Although the “band” has been booked, all ideas, short format videos, mock ads and other non-serious media are welcome for consideration by the organizers. Please contact Matt Cunningham with any such suggestions at Matt.cunningham@smithmoorelaw.com or call him at 919.755.8703. Table captains are sought, as are sponsors. If you are interested in being a table CONTINUED ON PAGE 2
WAKE BAR FLYER • JULY/AUGUST 2012
Upcoming Events WCBA CLE - FAMILY LAW BASICS • August 8 Earn three hours of CLE (including .5 ethics) at the WCBA’s Family Law Basics CLE. Free for WCBA members. Sign up online.
Inside this Issue... 3 • CHECK YOUR LOOK IN THE MIRROR 5 • MEET WAKE COUNTY TRIAL COURT ADMINISTRATOR KRISTEN FETTER
6 • A PEEK INSIDE THE MIND OF YOUR CORPORATE CLIENT, PART II
9 • WCBA FOUNDATION AWARDS FOUR LAW STUDENTS
10 • WOULD YOU LIKE TO SERVE YOUR LOCAL BARS & LEADERSHIP FORM 13 • SUMMER CLERK ORIENTATION 14 • FIND SOMETHING TO INSPIRE YOU 15 • MEMBER NEWS
16 • PROFESSIONALISM AWARD NOMINATION FORM 17 • BAR AWARDS: SAVE THE DATE 18 • PUBLIC INTEREST LAW INITIATIVE 19 • BATTLE OF THE HOUSE BANDS
Visit our new website: www.wakecountybar.org 919.677.9903 phone 919.657.1564 fax
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WAKE BAR FLYER XXXIIX No. 4 •JULY/AUGUST 2012 President, Wake County Bar Association THEODORE C. EDWARDS II President, Tenth Judicial District Bar THEODORE B. SMYTH President-Elect THOMAS H. DAVIS, JR. Secretary JENNIFER A. MORGAN
Message from the President, continued captain or sponsor of this event, please contact Debbie Hildebran at Hildebran@ manningfulton.com or call her at 919-787-8880, extension 263. This should be really fun and bring out a good cross section of our great creative local Bar. We look forward to seeing you out there having fun on October 4 in support of Legal Aid. Watch for details as the show develops! WBF
Attorneys Celebrate 50th Year
Treasurer ALLAN B. HEAD Immediate Past President CHRISTIE SPEIR ROEDER Board of Directors P. COLLINS BARWICK III HEIDI C. BLOOM ASHLEY K. BRATHWAITE MADISON (MATT) E. BULLARD, JR. JUDGE LORI G. CHRISTIAN MICHELLE S. COFIELD HOWARD J. CUMMINGS MARK A. FINKELSTEIN STEPHANIE A. GASTON NANCY L. GRACE ROBIN M. HAMMOND ELIZABETH R. HARRISON GREGORY L. HINSHAW THOMAS C. KILPATRICK E. HARDY LEWIS MARIA M. LYNCH STACI T. MEYER R. DONAVON MUNFORD, JR. ASHLEY MATLOCK PERKINSON WILLIAM W. PLYLER PAUL A. SUHR BETTIE KELLEY SOUSA BO THOMPSON THOMAS C. WORTH, JR. Young Lawyers Division J. T. CROOK ABA Delegate JOHN I. MABE, JR. Executive Director WHITNEY von HAAM
On July 10, members of the Wake County Bar Association were treated at the monthly luncheon with great stories from the careers of five of the Tenth Judicial District Bar’s luminaries: from left, Henry Mitchell, Bob Hedrick, Al Purrington, Bob Clay and T.T. Clayton.
Don’t Miss the Train! 2012 WCBA Family Picnic Pullen Park Friday, September 7
Wake Bar Flyer Editor LUCY AUSTIN Tenth Judicial District Bar Councilors NICHOLAS J. (NICK) DOMBALIS CARLYN G. POOLE JOHN M. SILVERSTEIN CYNTHIA (CINDY) L. WITTMER JOHN N. (NICK) FOUNTAIN DAVID W. LONG SALLY H. SCHERER DONNA R. RASCOE © 2012 Wake County Bar Association & Tenth Judicial District Bar.
See more details on Page 15 Photo credit: Greater Raleigh CVB/VisitRaleigh.com
NEXT BAR FLYER DEADLINE: AUGUST 15, 2012 WAKE BAR FLYER • JULY/AUGUST 2012
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CHECK YOUR LOOK IN THE MIRROR SHOULD YOU CHANGE YOUR CLOTHES, YOUR HAIR OR YOUR FACE BEFORE HEADING TO COURT? BY STEVE MANSBERY RULE 12 OF THE GENERAL RULES OF PRACTICE provides in pertinent part, that, “[b]usiness attire shall be appropriate dress for counsel while in the courtroom.” Sounds simple enough, but what exactly is “business attire” for a trial lawyer? I considered calling Joan and Melissa Rivers for advice and inspiration but concluded that “business attire” and “Red Carpet attire” probably are not synonymous. So I went a different direction for clarity. Sherry Maysonave, author of Casual Power, defined traditional business attire as follows: Traditional business attire includes business suits, dress shirts, and ties for men. It includes business-oriented suits for women, both skirted suits and tailored pantsuits. Leather shoes (closed-toe/closed heel), socks and/or hosiery are also a requirement for any outfit to qualify for traditional business attire. Ms. Maysonave distinguished traditional business attire from business formal, in that: Business formal is a subset of traditional business attire, yet, it has specific requirements just one step down from tuxedos, such as dark tailored suits for men and women. Business formal standards dictate that women wear skirted suits, hosiery, and closed-toe/closed heel pumps. Men should wear white shirts (French cuff styles), cuff links, silk ties, and pocket squares (silk or linen)….This level of dress is often requested for award dinners, political events, and a variety of dressy evening business occasions that are not black-tie. Perhaps Ms. Maysonave’s definition of business attire is a little stringent for what lawyers should wear to court given the current times and fashion trends, but it is instructive and can serve as a starting point if we are considering wearing something to court which could be questionable. Why should we concern ourselves with what we wear to court? Aretha Franklin nailed it with R-E-SP-E-C-T. Respect for the profession, respect for yourself and respect for the client.
STEVE MANSBERY is an associate with Tharrington Smith, LLP, where he practices Family Law. He is a member of the WCBA and Tenth JD Bar Professionalism Committee. Steve can be reached at smansbery@ tharringtonsmith. com and 919.821.4711.
RESPECT FOR THE PROFESSION We are a learned, serious profession, and we should represent ourselves as such. We have all spent countless hours with our noses buried in statutes, hornbooks, and case law. We have subjected ourselves to the pleasure that is a legal education, and we learn something new about the law each day. Dressing accordingly should not be something we apologize for; rather, we should embrace it. Through sacrifice we have earned the privilege to call ourselves lawyers, and we owe it to all members of our profession to show the respect it deserves by dressing the part. RESPECT FOR YOURSELF We work hard to prepare for an appearance in court. Arguments are fine-tuned, documents, exhibits, and statements are reviewed, and authority is considered and respected. We should have our cases decided on the merits, uninfluenced from any unintended prejudice resulting from our dress. The court should not be thinking “What is he wearing?” during an examination of a key witness. The time spent on preparation and presentation should not be for naught because of a misguided selection of courtroom attire. We owe ourselves at least that much. CONTINUED ON PAGE 4
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CONTINUED FROM PG. 3 RESPECT FOR THE CLIENT The paragraphs above tie together here. The client comes to us with his, her, or its conflict, and the client puts complete faith in us to present and argue their case to the best of our learned abilities. What an honor and privilege to do this kind of work! Quite humbling indeed; nonetheless, the client deserves the best representation possible, and this representation should not be compromised because of a poor fashion choice. BUT DOES YOUR APPEARANCE REALLY MATTER? The answer in some circumstances is “yes.” “Federal Judges Grouse about Lawyers’ Courtroom Attire,” a law.com article written by Lynne Marek, quotes federal judges as saying: • [Women come into court wearing] skirts so short that there’s no way they can sit down and blouses so short there’s no way the judges wouldn’t look; and • You don’t dress in court as if it’s Saturday night and you’re going out to a party. Dress as a serious person who takes the court seriously. The article also noted that “wacky ties” are inappropriate, and that one judge wishes he could tell certain lawyers that he would “re-
ally like to pay attention to your argument” instead of your clothing. While the Court should focus on the merits of the case and not the cloth of the lawyer, judges are human and at times fixate on things which probably should be ignored. A choice in clothing is just that: a choice. An individual’s choice, one which is within the complete control of the individual, and by respecting the profession, ourselves, and the client, it is a choice which can be made each morning in such a way so as to ensure that the entirety of our best case is heard and considered. Not only can your dress affect the Court’s opinion of you, it may also provide the Court with the means to levy a penalty. Michael Crowell of the UNC School of Government wrote “Inherent Authority of Judges” for the 2007 District Judges Conference. He researched the issue of courtroom attire and concluded that “[c]ase law from other jurisdictions holds that a court may impose minimum standards of dress and appearance on lawyers, but the standards should be reasonable and not based on the judge’s personal tastes, and the standards must be communicated clearly before any discipline may be imposed for failure to comply. The standards will change over time as society’s standards change.” We can avoid discipline in this area just by applying some common sense. To paraphrase the Boss, don’t let your glory courtroom days pass you by in the wink of a judge’s eye. Your client and the profession will thank you. WBF
Steps from the
Capitol and the Courthouse
230 Fayetteville Street 919.723.2300 northstatebank.com G A R N E R • R A L E I G H • WA K E F O R E S T • W I L M I N G TO N
WAKE BAR FLYER • JULY/AUGUST 2012
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MEET WAKE COUNTY’S TRIAL COURT ADMINISTRATOR KRISTEN FETTER BY LUCY AUSTIN, WAKE BAR FLYER EDITOR WITH AN EXTENDED HISTORY WITH WAKE COUNTY COURTS, Kristen Fetter finds herself at home as the Trial Court Administrator for the Tenth Judicial District. Fetter worked as a judicial assistant to Judge Donald W. Stephens and other superior court judges in Wake County prior to going to law school. After earning her law degree at Campbell’s Norman Adrian Wiggins School of Law, Fetter worked as an Assistant Public Defendant and an Assistant District Fetter Attorney in Wake County. Being Trial Court Administrator has allowed her to branch out from criminal law and combine her pre-law administrative and managerial experience with her legal experience and skills. The core of her position is civil case management, scheduling courtrooms and court reporters for superior court sessions, but the job doesn’t stop there. Fetter also spends her time coordinating with the jury clerk, acting as a liaison with the Administrative Office of the Courts, and interacting with the media, among other duties. Fetter enjoys interacting with the local bar, getting feedback and
meeting new attorneys. She is always looking for ways to improve the courts’ service to the bar and help attorneys to better serve their clients. As an example, as the demand to have motions heard has increased, Fetter has taken action to get more motions on the calendar quickly. Her biggest challenge is the diverse nature of civil cases in Wake County, which can vary from complex medical malpractice cases to one-day motor vehicle negligence cases. “Sometimes meeting the demands suited for all types of cases is a bit like fitting a round peg in a square hole,” Fetter said. “We work to address those demands in the most efficient manner possible.” When asked what she would most like Wake County attorneys to know, Fetter wanted to make attorneys aware of the resources available to them. First, she said all attorneys should know about the information available at www.nccourts.org, including court forms and calendars which are updated the week before court. In addition, she emphasized the importance of the local rules, which are also available at nccourts.org. She says the local rules can answer many questions attorneys may have. As a part of her position, Fetter looks forward to the new Justice Center, which is ahead of schedule and under budget. She visited the facility along with other local officials recently. Of the new facility, Fetter said, “It is really a team effort that will benefit both citizens and court personnel.” WBF
WELCOME NEW MEMBERS OF THE WCBA AT THE JUNE 2012 BOARD OF DIRECTORS MEETING, ANOTHER 20 MEMBERS WERE APPROVED JOYCE PREVETTE BRAFFORD NC Bar Association CHRISTOPHER BROOK ACLU of NC GREGORY S. CONNOR The Connor Law Firm, PLLC
CHARLOTTE MELODY EDWARDO Solo Practitioner
TIMOTHY SHAWN HOWARD Maginnis Law PLLC
SARAH JESSICA FARBER NC Prisoner Legal Services
HUMPHREY GRAY HUTCHISON
ARTHUR S. FRIEDMAN
ALISON S. MCGEARY Williams Mullen
LAURA ERB DEAN Cranfill Sumner & Hartzog LLP
ALLISON BROOK GARREN
DAVID E. DUKE Swaim Law, PLLC
DUANE RAYMOND HALL Law Offices of Duane R. Hall II, PLLC
WAKE BAR FLYER • JULY/AUGUST 2012
MACKENZIE BROOKE MORSE K & L Gates LLP MARY HELEN PRINCE Vann & Sheridan LLP
CARICE G. RICE Williams Mullens ROBERT WAYNE RIDEOUT Social Security Administration MARK LINDSAY STEVENS Wake County DA’s Office SEAN PAUL VITRANO Vitrano Law Offices, PLLC TIFFANY GRACE WARD Law Offices of James Scott Farrin
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A Peek Inside the Mind of Your Corporate Client, Part II BY CAMILLE STELL YOU NEED A THICK SKIN to hear what your corporate clients have to say about the way you do business, particularly how you price your legal services. A panel of corporate general counsel spoke at the recent Legal Marketing Association Conference in Dallas and offered valuable insight. Here’s part 2 of the “behind the scenes” view of the corporate client mindset. These are not exact quotes, but as close as possible based on the notes I took. My additional thoughts based on their comments follow in parenthesis. Panelists: Ron K. Barger, Archon Group, L.P. Jeffrey W. Carr, FMC Technologies, Inc. Janet L. Dhillon, J.C. Penney Company, Inc. CAMILLE STELL is the Director of Client Services for Lawyers Mutual. Recently selected as a Lawyers Weekly 2011 “Leaders in the Law” award recipient, Camille has more than 20 years of experience in the legal field, as a paralegal, legal recruiter and business developer. Contact Camille at 800.662.8843 or Camille@lawyers mutualnc.com.
THE BUSINESS OF LAW - MANAGING COSTS Dhillon: Fees need to be reasonable and I appreciate innovative approaches. Alternative fees work with trust and commitment on both sides. Barger: I thought the billable hour would be dead by now. You need to work on that. We (General Counsel) want to spend our money wisely. Our executives look to us to make good financial decisions. You tend to view our legal work by considering each individual matter separately while we are looking at it from the perspective of the aggregate. Carr: The traditional firm is dying and the legal industry is changing. Get over it and adapt to the new world. Your firms are a critical part of my team. You are living in a cost plus world and you have to do it differently. You can’t change incrementally or marginally. I don’t need you (individual law firm) to survive; I need the industry to survive. You need to know what it costs to do your business and what each individual matter will cost. Your cost structure is too high and it is based on inefficiencies. (This is important in any area of practice. Do you know how much it cost you to prepare a will, handle a divorce?) Dhillon: Firms must collect the data and know how much each matter is going to cost. Build in a reasonable profit and we get to a reasonable fee. Barger: Every lawyer needs to read Richard Susskind’s thought provoking book, “The End of Lawyers? Rethinking the Nature of Legal Services.” REALISTIC EXPECTATIONS VS. DISAPPOINTMENTS Carr: You have to push us to clarify what we mean when we talk about a win and what a win means in our corporate culture to make sure we are speaking the same language. Barger: Firms are going to have to harness technology to become more efficient, effective and competitive. I would be pleased to see a firm approach me with an alternative fee arrangement when I haven’t asked them to do so. I would be pleased to see a firm develop a process chart. (Do you know the processes it takes you to complete a project for a client?) CONTINUED PG. 8
WAKE BAR FLYER • JULY/AUGUST 2012
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CONTINUED FROM PG. 6 Dhillon: I am disappointed by bills that are a big surprise. (No shock here – any client is going to be disappointed by bills that they aren’t expecting. Set reasonable expectations up front about pricing/billing). Carr: I have had good experience with law firms providing performance based fee structures. I expect to have conversations with each of the firms that work with me to review every matter and discuss how to improve. (Great tip for any lawyer – talk to your clients and make sure you are meeting expectations or constantly improving.) Dhillon: Have you thought about sending your mid-level associates to work with a corporate client during a crisis? Barger: Sending an attorney to work for a corporate client can provide information (intelligence) that will improve the firm’s relationship with the client. Carr: Smaller is generally better. As firms have gotten bigger, they have failed to leverage resources. Smaller and regional firms can often offer better resources and be more competitive in fees. While you are just now opening a China office and want to promote that to us, keep in mind, we’ve been doing work in China for 20 years, and we already have mature relationships there. (This doesn’t mean expansion isn’t a good thing, but this is not necessarily something that will cause your current clients to drop their other firms and use you. This may be a growth tool for you for future relationships.) MARKETING MESSAGES - HOW TO GET IN FRONT OF ME Dhillon: Offer to do free CLEs to in-house lawyers, it is a great way to interact with my team. When you are pitching to me, I do not like PowerPoint and I don’t like a traditional pitch where your firm is the expert in everything. Also, do not call the members of my Board of Directors or my CEO to get around me. It is important to me that your firm and my company share similar values.
Barger: Don’t send me a brochure and expect to create a connection. Create a relationship with me by joining my team at ACC (Association of Corporate Counsel). Dhillon: I use other GCs as referral sources because that GC has credibility with me. Be pleasant to everyone on my team including my assistant. Don’t save your best behavior for me, that’s a reflection of your character. Carr: Quality work is not a differentiator, but it is the price of admission. Don’t tell me how many Supreme Court clerks you have hired. I have never had a case go to the Supreme Court and I don’t want to go there. The large percentage of our legal work is basic blocking and tackling. Barger: Show me that you can solve a problem for me that you are qualified to solve. Carr: The highest value of work that you perform for me is counseling. Advocacy is important, but keep in mind we do not want to be involved in litigation. Lawyers are fungible. Most legal work is commodity work – get over it. We have talked about this earlier, the process is important. You are using a ridiculously expensive business model. You need to use any resource available to you to make your service more reasonably priced. Dhillon: I look at your newsletters and alerts, but they must be timely and they must be well done. Barger: I use your website to view attorney bios. Carr: There is a tsunami of information coming to me. I need the black letter law quickly and I need to know that your material is reliable. In a word, important relationships come down to trust. Make trust a foundation of your client relationships. WBF
GOVERNMENT & PUBLIC SECTOR ATTORNEYS: Everett Gaskins Hancock LLP is a small downtown Raleigh firm whose attorneys focus their practices on solving business problems, advancing the public interest in the representation of nonprofit entities and pursuing their clients’ interests through litigation and administrative proceedings in state and federal courts throughout North Carolina. Contact ed@eghlaw.com.
WAKE BAR FLYER • JULY/AUGUST 2012
A SOCIAL JUST FOR YOU! Thursday, August 16 5:30 to 7 p.m. The Hive (225 S. Wilmington Street) Dutch-treat with drinks, but appetizers will be provided!
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WCBA Foundation Awards Four Law Students With Local Ties BY BRIAN BEVERLY, CHAIR, ENDOWMENT AWARD AND OVERSIGHT COMMITTEE FOUR OUTSTANDING LAW STUDENTS with impressive academic records were recognized as recipients of the Wake County Bar Association Memorial Scholarships at the June luncheon meeting. The recipients were awarded scholarships of $4,000 each. Margaret “Hayes” Jernigan is a graduate of the University of the South where she earned a BA in economics with honors. Hayes is a rising 2L at North Carolina Central University School of Law where she boasts a 3.6 GPA and is currently in the top 3% of her class. Prior to law school, Hayes volunteered in the Peace Corps and spent significant time in the Republic of Senegal in west Africa. Hayes is the daughter of WCBA member Leonard Jernigan. Otto “Woelke” Leithart is a rising 3L at Duke Law School. Woelke did his undergraduate work at New St. Andrews College in Moscow, Idaho where he graduated with a 3.93 GPA. Woelke has already obtained his master’s degree in liberal arts at Duke. Woelke is interested in the criminal law field and has aspirations of becoming a prosecutor after completing a judicial clerkship. Lachelle Pulliam graduated with high honors from Meredith College with a BA in political science. Lachelle is currently enrolled at Charlotte School of
From top, Hayes Jernigan, Woelke Leithart, Lachelle Pulliam and Patrick Simmons.
Law as a rising 2L where she is on track to graduate with honors. Lachelle already has her real estate broker’s license and sold real estate in the Raleigh area before matriculating to law school. Lachelle would like to practice real estate law upon graduation. Patrick Simmons is currently enrolled at Campbell Law School. He is a rising 2L and has an ‘A’ average. Patrick attended undergraduate school at UNC and received a BA in political science with honors. Patrick also worked as a Peace Corps volunteer and spent his time abroad in Honduras. Patrick is working with prisoner legal services this summer and looks forward to continuing that aspect of his volunteer efforts through the upcoming school year. The first memorial scholarship was awarded following the death of Edwin S. Preston, Jr., former Chief Resident Superior Court Judge in Wake County. Since 1989 when the first scholarship was given, awards totaling more than $115,000 have been presented to deserving students. Criteria for the scholarship include ties to Wake County, academic merit, community service and financial need. Money to fund the memorial scholarships comes from interest on the WCBA endowment fund. The endowment is fed by donations made in memory of or in honor of WCBA members and other WCBA fundraising efforts. If you are interested in making a donation to the endowment fund or serving on the Endowment Scholarship Award and Oversight Committee, please Chair Brian O. Beverly presented plaques to this year’s recipients at contact Whitney von the June WCBA luncheon. Not in attendance, Woelke Leithart. Haam at the WCBA offices. WBF
WAKE BAR FLYER • JULY/AUGUST 2012
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WOULD YOU LIKE TO SERVE YOUR BARS? BY CHRISTIE SPEIR ROEDER, CHAIR, NOMINATING COMMITTEE THE NOMINATIONS COMMITTEE WILL MEET in August and produce a slate of candidates to run for the Board positions for both the Tenth Judicial District Bar and the Wake County Bar Association. We will nominate 14 people to fill the seven vacant positions on the Board of Directors, two names for the President-elect position (to serve for both the Wake County Bar Association and Tenth Judicial District Bar), and names for vacant Bar Councilor, Secretary and Treasurer positions. The nominations committee would love to have people who have a little bit of passion for their Bars and would like to be a part of governance of these exceptional Bars. Serving on the Board of Directors requires attendance at six meetings per year, plus being liaison for at least one committee. The meetings are usually at the Bar Center and last from 4 p.m. until approximately 6 p.m. The President-elect position is a three year time commitment. During the year as President-elect, you would be responsible for
BarCARES
A program ready to help you and your immediate family.
919.929.1227 or 1.800.640.0735
attending as many committee meetings and Bar functions as possible. As President-elect of the WCBA, you would select and introduce speakers for each of the monthly luncheons. As President, you would continue attendance at the meetings and functions and you would preside over the Board meetings and luncheons. As Immediate Past President, your duties resemble those of the Board members, however, you are available to the President(s) and President(s)-elect for guidance and advice. State Bar Councilors meet quarterly, and they have a fairly substantial amount of reading material for each of the meetings. They are also requested to serve on either the Ethics or Grievance Committees of the State Bar. The meetings are either three or four days in length. If you have interest in serving your Bars in one of these capacities, please fill out the form on the next page or on our website, and return it to your Nominations Committee! WBF
YLD NEWS 2012 YLD OFFICERS
PRESIDENT: J.T. CROOK VICE PRESIDENT/SECRETARY: CHARLES HUNT TREASURER: KATHLEEN PUTIRI
UPCOMING SOCIALS AUGUST 2 AT 6 P.M. The London Bridge Pub, 110 E. Hargett St., Raleigh SEPTEMBER 6 AT 6 P.M. Oro, 18 E. Martin St., Raleigh
HEALING PLACE SEMINARS The YLD’s Poverty Issues Committee provides legal seminars on landlord/tenant, criminal and family law at The Healing Place, a shelter that provides a detoxification and rehabilitation program for homeless men. We are looking for volunteers to help on the dates below. In particular, we need traffic and criminal defense. All seminars are scheduled on Tuesdays from 4-5 p.m. at the Healing Place, 1251 Goode Street, Raleigh. SEPTEMBER 18 NOVEMBER 13 If you are able to provide assistance on any of the above dates, please let committee chairs Meredith Cross (MeredithCross@ gwhlaw.com) or Jaime Davis (jdavis@gwhlaw.com) know, specifying your area of expertise and date(s) available. WBF
WAKE BAR FLYER • JULY/AUGUST 2012
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ARE YOU INTERESTED IN SERVING IN A LEADERSHIP POSITION? DON’T BE SHY! LET THE NOMINATIONS COMMITTEE KNOW Please fill in the short questionnaire and return to the Nominations Committee: Name: Firm: Type of Practice: Phone number: Email address: How long have you been a member of the Tenth Judicial District Bar? Are you currently a member of the WCBA? Please list bar committees or other bar-related activities on which you have served.
Briefly describe why you would like to get involved in the leadership of the WCBA and Tenth Judicial District Bars.
Is there a leadership position of which you are particularly interested? If so, what?
Suggestions, if any, for improving our Tenth Judicial District Bar and WCBA.
We also have this form available to fill out on our website. Go to www.wakecountybar.org, and look for the news items about Interest in Serving a Leadership Position. Please return form to Nominations Committee c/o Tenth Judicial District and WCBA PO Box 3686 Cary, NC 27519-3686 Whitney@wakecountybar.org
WAKE BAR FLYER • JULY/AUGUST 2012
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SUMMER CLERKS ENJOY ORIENTATION PROGRAM YLD’S SUMMER CLERK ORIENTATION PROGRAM WELCOMED A NEW CROP OF CLERKS JUNE 7 BY ASHLEIGH BLACK, CO-CHAIR, SUMMER CLERK ORIENTATION PROGRAM On behalf of the WCBA YLD, program co-chairs Ashleigh E. Black and Sam Fleder wish to extend their sincerest thanks to those speakers who participated in this year’s YLD Summer Clerk Orientation Program held on June 7. The speakers included (in order of appearance): J.T. Crook (WCBA YLD President), Ted Edwards (WCBA President), Judge Keith Gregory (District Court), Judge Shannon Joseph (Superior Court), Blair Williams (Chief Assistant Clerk of Court), Kristen Fetter (Trial Court Administrator), Barrett Fish (N.C. Supreme Court Library), Boz Zellinger (Assistant District Attorney), Bryan Collins (Public Defender), Camille S. Stell (Lawyers Mutual), Bo Thompson (N.C. Chief Justice Commission on Professionalism), Chief Judge John Martin (N.C. Court of Appeals), and Hon. John Connell (N.C. Court of Appeals Clerk of Court). YLD members hosted a reception/social afterward at Tyler’s Taproom. The YLD also thanks Shaula Brannon, Stephanie McGee, Kathy Ruppert, and Whitney von Haam for their help coordinating the registration and event logistics as well as the N.C. Museum of History for its hospitality. WBF
Above: Boz Zellinger (left) and Bryan Collins. Right: Camille Stell and Bo Thompson
WAKE BAR FLYER • JULY/AUGUST 2012
Above, top: Judge Keith Gregory and Program co-chair Ashleigh Black. Middle: WCBA President Ted Edwards (left) and Blair Williams. Bottom: Program co-chair Sam Fleder (left) and Barrett Fish
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Find Something to Inspire You BY BETTIE SOUSA
BETTIE SOUSA is immediate past chair of the Lawyer Support Committee and currently serves on the Board of Directors for the WCBA and Tenth Judicial District Bar. Bettie is a partner with Smith Debnam and can be reached at 919.250.2105 or bsousa@ smithdebnamlaw. com.
GINNY AND I WERE BEST FRIENDS long before there were BFFs. We only lived together one year, our junior year at Carolina, but what a fun year it was. She’s still my friend, and she still inspires me with her willingness to try new things. Back then, the new things were sometimes odd. Ginny loved a good fad. One of my favorite memories is when she wrapped her thighs in Saran Wrap and sat in the sauna at the apartment complex’s clubhouse. She was certain the technique (which now seems like it must have been dangerous) was trimming her legs. She had read about it in Cosmo. I think Mary Tyler Moore might have even done it. We apartment mates had to compliment her. All that sweat surely meant the fat was melting away. But, even if it didn’t work, her enthusiasm for a new idea was inspiring. Fads can be fun, and you never know when they aren’t fads, just the beginnings of big changes in the way we think. You never know when, for you, a fad might become a habit, a mission, a life-altering experience. That’s why sometimes fads are worth a try. So, here I am 49 pages into a book I bought this week, and I’m inspired to action. A New York Times Bestseller, “Wheat Belly” is a frightening, exciting, and seemingly well-documented book by a cardiologist who faults the genetically modified wheat we eat for an expansive list of maladies. Wheat is in most everything we consume from a box, carton or package. This new wheat is the new devil, according to the author. Through a combination of science, case studies, and anecdotes, he shares stories of amazing improvements and triumphs over ailments that plague Western society, when we remove wheat from our diet. And, the best part is that positive results are felt almost immediately. So, I’m giving it a shot. I’m cutting out wheat for at least a couple of weeks. I’m reading labels for ingredients and I’m looking for that dirty word, wheat. It’s in the ice cream! It’s in the ketchup! It’s in the peanut butter! There it is again, and again, and again. This may be a fad, but it may be the beginning of a big change. Regardless, I’m inspired! Summer is a great time to find something to inspire you. You never know when your next fad becomes a turning point in your life, or simply a point when you start a hobby or discipline that will bring you joy, good health or peace of mind for years to come. Ginny’s doing Zumba now, but she still plays the guitar, knits with a group called Stitch and Bitch, and practices yoga. WBF
YOUR WCBA SOCIAL CALENDAR SEPTEMBER 7 – Family picnic at Pullen Park in Raleigh from 4 - 7 p.m. - Bring the kids! OCTOBER 11 – Members Only Party a.k.a. Oyster Roast at Haywood Hall, 211 New Bern Place, Raleigh from 5:30 - 7 p.m. DECEMBER 7 – Holiday Party at North Raleigh Hilton from 7 - 11 p.m.
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Member News
The Very Picture of Civility and Camaraderie in Our Tenth Judicial District Bar
On a particularly hot, humid and long day in June, 11 of the 17 candidates running for the open District Court judge position took time from campaigning to capture the above photo. The top three names, Louis B. Meyer III, Daniel T. Barker and Mark L. Stevens, were sent to Governor Bev Perdue to fill the vacancy left by Kristen Ruth’s resignation.
2012 Family Picnic
at
Pullen Park
Highlights for this year’s event include:
Wilber’s barbecue and hot dogs (of course) Ride tickets for the Pullen Park Carousel and Train David the Magician Show at 6 p.m. Kids’ Safety IDs with New York Life Caricature Artist Balloon Twister Face Painting Goodberry’s Sundae Bar Candy Treats Goodies and the 2012 Wakie!
Don’t Miss It! WAKE BAR FLYER • JULY/AUGUST 2012
EURA D. “ED” GASKINS JR. was one of six lawyers inducted into the North Carolina Bar Association’s General Practice Hall of Fame at the NCBA Annual Meeting in June. A graduate of Wake Forest University and the Duke Law School, Ed began his practice in Raleigh with the firm of Gov. Terry Sanford and Hugh Cannon before serving two years in Vietnam as an Army intelligence officer. After completing his military service, he returned to Raleigh to resume his practice. Forty-four years later, Gaskins continues to practice full-time as the managing partner of the Raleigh firm Everett Gaskins Hancock LLP. A past president of the Wake County Bar Association, Ed and his wife, Ann, have two married daughters, Natalie and Meredith, and six grandchildren. The Hall of Fame, sponsored by the NCBA’s Solo, Small Firm & General Practice Section, was established in 1989. This year’s induction class brings membership in the Hall of Fame to 136 attorneys. MARK SULLIVAN has finished a two-year term on the Uniform Law Commission, sitting on a committee that drafted the Uniform Deployed Parent Custody-Visitation Act. A retired Army Reserve JAG colonel, Mark also spoke on military divorce issues in March at George Mason Law School, and in April at the Naval Justice School. His book, The Military Divorce Handbook, was just issued by the American Bar Association in a second edition. LESLEE RUTH SHARP, principal in Sharp Law Offices in Raleigh, has been re-appointed to the Wake County Board of Commissioners Nursing Home Community Advisory Committee. Leslee has been in practice in Raleigh since 1992 and focuses her practice in the areas of Elder Law, Guardianship, and Estate Administration. The Nursing Home CAC is as an advisory group to the Wake County Commissioners on the status of nursing home operations and services in Wake County. If you are interested in serving on the Nursing Home CAC you may make an application at http://www.wakegov. com/commissions. WBF
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JOSEPH BRANCH PROFESSIONALISM AWARD “It should be remembered that the practice of law is a profession and not a business. Law, like the ministry, medicine and teaching, must be service oriented rather than profit inspired. Integrity is an absolute: any compromise is unacceptable and civility is an essential with adversaries, clients,the Bench and Bar. The lack of civility renders the practitioner non-professional.” With the above in mind, the Joseph Branch Professionalism Award Committee requests nominations for the 2012 Award. Those nominated should have 25 years of active practice in the law. Nominee’s Name: _______________________________________________________________________ Business Address: _______________________________________________________________________ General Description of Nominee’s Practice: ___________________________________________________ Contributions, in General, to the Practice of Law: ______________________________________________ ______________________________________________________________________________________ Service to Clients: _______________________________________________________________________ ______________________________________________________________________________________ Service to Community: ___________________________________________________________________ ______________________________________________________________________________________ Service to Bar and Relationships with Lawyers: _________________________________________________ ______________________________________________________________________________________ Quality of Legal Product: __________________________________________________________________ ______________________________________________________________________________________ Reputation Among Peers: _________________________________________________________________ ______________________________________________________________________________________ Ethical Standards: _______________________________________________________________________ ______________________________________________________________________________________ Role Model for Lawyers and Citizenship: _____________________________________________________ ______________________________________________________________________________________ (Please use a separate sheet for additional comments) Nominator’s Name: _____________________________________________________________________ Address: ______________________________________________________________________________ Telephone Number: _____________________________________________________________________ You may be contacted by a member of the Professionalism Award Committee. All communications will be kept confidential. Professionalism Award Nomination Either email to Whitney von Haam at whitney@wakecountybar.org or send to: Post Office Box 3686 Cary, North Carolina 27519-3686 Nominations Due by August 31, 2012 WAKE BAR FLYER • JULY/AUGUST 2012
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SAVE THE DATE 2012 WAKE COUNTY BAR AWARDS OCTOBER 4, 2012 WAKE COUNTY BAR AWARDS PLANNING COMMITTEE MATT CUNNINGHAM, CO-CHAIR DEBORAH L. HILDEBRAN-BACHOFEN, CO-CHAIR
THE WAKE COUNTY BAR AWARDS SHOWS have recognized magnificent achievements of lawyers in our bar in recent years. Over the past four years, everyone has been entertained with the musical performances and parodies of familiar numbers performed by our very own Wake County lawyers. One big burning question: Will Dr. Frank-n-Furter return this year? The answer to that question has yet to be determined. If you do not know who Dr. Frank-n-Furter is, you definitely need to attend this event, and if he returns, he will be a sight you will not soon forget. The location of this year’s Wake County Bar Awards show has changed - and we’re excited to announce that this year’s program will be held at The Stockroom at 230 on Fayetteville Street, and the program will remain a delight to all of those in attendance as in years past. More information will be forth coming about the “2012 Wake County Bar Awards” in the September Bar Flyer, email blasts and the October WCBA luncheon. The event has been successful in the past due to the talented musicians, singers, actors, host, script writers, producers and others involved in the production but most importantly due to the support, attendance and sponsorships of the lawyers in Wake County. Remember this is our big fundraiser for Legal Aid, and as stated last year, “Legal Aid Needs Your Help So Bad It’s Not Funny.” We want to continue the success of this fundraiser, and you do not want to miss this year’s show. So go ahead and put this event on your calendar so you will not be left out! WBF WAKE BAR FLYER • JULY/AUGUST 2012
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NEW STUDENT INITIATIVE AT CAMPBELL LAW HIGHLIGHTS PUBLIC INTEREST LAW
Photo courtesy of Lucy Austin
A WINDOW INTO THEIR TIMES HISTORICAL NOTES FOR THE WAKE COUNTY BAR THE BADGER-IREDELL FOUNDATION WAS ORGANIZED on July 23, 1973, under the auspices of the Wake County Bar Association, to receive and restore the historic law office of the prominent nineteenth century Raleigh attorneys, George E. Badger and James A. Iredell, Jr. The Law Office itself was constructed around 1810. It is now owned by the City of Raleigh and located at Mordecai Historic Park, where not only visiting lawyers but decades of school children and other visitors to the Park have been able to see it and better appreciate lawyers and our local law practices of the first half of the nineteenth century. The Law Office remains a vivid reminder of the roots of the legal profession in Wake County and North Carolina. (Source: Badger-Iredell Foundation) WBF
WELCOME NEW STAFF MEMBER, COLLEEN GLATFELTER! PLEASE HELP US welcome Colleen, who is serving as the new Assistant to the Executive Director at the Wake County Bar Association and Tenth Judicial District Bar. A 2012 graduate of Meredith’s Paralegal Program, Colleen started on July 16, and has quickly become a great asset to our Association. Welcome her at colleen@wakecountybar.org. In the next issue of the Wake Bar Flyer, read more about the entire WCBA staff. WBF
WAKE BAR FLYER • JULY/AUGUST 2012
PUBLIC INTEREST LAW INITIATIVE (PILI) is a student organization at Campbell Law School that enables students to live out a spirit of service through the practice of law. Using speaker events and panel discussions, the organization educates students on under-championed, legal causes. Through year-round fundraising, PILI provides stipends which are awarded to students who obtain unpaid positions doing legal work for underserved clients with an acute need of legal assistance. PILI is dedicated to sending lawyer-servants outside the walls of Campbell Law to both enhance the quality of life in the community and to live out the law school’s mission of service. "I'm proud that Public Interest Law Initiative supports law students as they try to fuse their passion for serving those in need with their desire to grow into a legal professional. Through education and financial support, PILI hopes to encourage this fusion and help students along their way to rewarding public interest law careers," says Anna McLeod, recent Campbell Law graduate and co-founder of PILI. Rising second-year Campbell Law student Molly Hilburn-Holte was recently awarded a PILI stipend in recognition for her outstanding commitment, passion, and service in the public interest law sector. During summer 2012, Hilburn-Holte serves an intern at North Carolina Prisoner Legal Services, helping to assist the nearly 40,000 men and women currently incarcerated in the state. PILI’s inaugural auction will take place on Thursday, August 30 at The Stockroom in Downtown Raleigh. Individuals and firms interested in sponsorship opportunities are asked to contact lawpublicinterest@email. campbell.edu by Sunday, July 15. Donations to the fund can also be made online at https://www.alumni. law.campbell.edu/efr/index.asp by selecting "Public Interest Law Initiative" under the Student Clubs and Organizations tab. WBF
BarCARES
Did you know that BarCARES also has resources for career counseling? Don’t hesitate to call no problem is too big or too small
919.929.1227 or 1.800.640.0735
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INAUGURAL “BATTLE OF THE HOUSE BANDS” A SUCCESS AREA LAW FIRMS PROVE THEY ROCK!
THE LEGAL COMMUNITY ROCKED -- literally! -- when it came to downtown Raleigh on Sunday, May 20 to support the inaugural “Battle of the House Bands” to benefit Haven House Services. Attorneys from Brown Crum Vanore & Tierney, Martin & Jones, Poyner Spruill, Rose Rand Wallace, Russ & Canaday and Troutman Sanders performed for an appreciative crowd of 150 people. Each of the four “house” bands played 30-minute sets, and the band that raised the most money at the end of the event played a second “encore” set. The Poyner Spruill band “Instruments of Justice” won the bragging rights this year with 1,007 votes. Each “vote” was $1, and voting for yourself, multiple times, was encouraged. White Collar Crime, a popular watering hole and performance space in the warehouse district of downtown Raleigh, hosted the afternoon family-friendly fundraiser. The event exceeded all expectations by raising more than $5,000 for Haven House Services. Established in 1973, Haven House Services is a local non-profit organization dedicated to improving the quality of life for at-risk youth and their families. Haven House Services explains that its mission changes the outcomes for struggling young people and their families by working "with families, schools, government agencies, the courts and other organizations to help vulnerable, at-risk kids find their way to a positive life, directly impacting more than 3,000 youth each year.” Event chair Nina Long, who also serves as the Director of Human Resources at Poyner Spruill, quipped, “We knew voting for yourself would be popular, but we didn’t know how popular. I think we are on to something!” “In all seriousness,” she added, “Haven House Services performs an incredible service to Wake County families and children in crisis, and the legal community often interfaces with those crises. I am deeply appreciative of our talented musicians, our generous sponsors, our motley crew of dedicated volunteers, and all those who bought tickets to be a part of this day. We will see you again next year!” Want to learn more about Haven House Services? Visit their website at www.havenhousenc.org. WBF
Event chair, Nina Long (right) poses with Laura Hudson.
Winning band, Instruments of Justice, represented members of Poyner Spruill, including Art Champagne, Ben Murdock, Brad Davis, Chad Daymont, Drew Erteschik, Joanna King, Mark Springfield, Robert Meyer, Sharon Long, Shirley Medlin, Von Weston and Will Beaty
CHANGES TO MONTHLY BREAKFAST DISCUSSION SERIES IN AUGUST Beginning with August 15, the monthly breakfast discussion events are moving! We ran out of room at the Mecca, so we’re now moving to Campbell Law. Breakfast will be a simpler fare, but coffee and pastries will be available to attendees. Parking is available at the City of Raleigh Municipal Parking Deck at 201 West Morgan Street. Watch for more details via email and on our website. WBF
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