First Impressions How Member Perceptions of the Legal Field Have Been Shaped Over Time... p. 9 ___________________________________ _
VOL. L • ISSUE 1 | FIRST QUARTER 2022
BAR FLYER FIRST THINGS FIRST BY YVONNE ARMENDARIZ, ARMENDARIZ LAW OFFICE | WAKE COUNTY BAR ASSOCIATION PRESIDENT
THE WCBA PROUDLY CELEBRATES many first-of-its-kind achievements this year in its 90-plus year history. The Bar is led by its first all-female Executive Committee. I am the first Latinx attorney to be at the helm leading this organization. The Tenth Judicial District Bar is led by its first Black female attorney, Dayatra Matthews, and both the WCBA and the Tenth Judicial District Bar will be led next year by the Bar's youngest, Judge Ashleigh Dunston. Our Bar also celebrates its highest membership ever despite the pandemic. While it is easy to preen and pat ourselves on the back about these accomplishments, our work has just begun. As I reflect on the significance of these firsts for our Bar, I am reminded of poignant lyrics in what is arguably the most recognized and revered ballad in Mexico, “El Rey” (“The King”), sung by the renowned and recently deceased singer, Vicente Fernandez. In this song, Fernandez remembers the wise words of a humble, yet sage, farmhand who imparts to him that what is important in life is not to be the first to reach a particular destination, but to know how to arrive. With a nod to this song, our Board is committed to ensuring that our members take advantage of all of the tremendous resources offered by our Bar as we reach our own professional milestones. There are a multitude of opportunities for members to learn areas of law outside our normal practices through the Learn-Over-Lunch CLE series, the Lawyers Mutual Breakfast CLE Series, and our Fall Blockbuster CLEs. We are able to create meaningful, collegial relationships with other attorneys and members of our judiciary through our many committees including Athletics , Public Service and Bench-Bar. We offer fun events throughout the year to continue to connect with one another through virtual socials, such as our monthly luncheons and music bingo, and in-person socials, such as the Oyster Roast and Holiday Party. We also help foster a welcoming environment for new attorneys through our Young Lawyers Division (YLD) and our swearing-in ceremonies. As an Executive Committee, we are mindful of the stresses of this great profession on our members and judiciary, and we committed to a first-of-its-kind initiative: we will each participate in the BarCARES program, another signature service offered through this Bar. We will each share our experiences about the accessibility of the program and the significance it has played in enriching our professional lives in upcoming Bar Flyer articles. We are committed to ensuring that each member knows the significant tools and services offered through their paid membership. As we work this year to create more in-person opportunities, we look forward to remaining connected to each one of you as we forge ahead in our professional destinations to a great 2022. WBF
UPCOMING EVENTS WCBA VIRTUAL LUNCHEON WITH WCPSS SUPERINTENDENT CATHY MOORE TUESDAY, APRIL 5 | 1 P.M. LEARN OVER LUNCH: BASICS OF BUSINESS IMMIGRATION THURSDAY, APRIL 7 | 1 P.M. BREAKFAST DISCUSSION SERIES: VISUAL EVIDENCE & AI TECHNOLOGY WEDNESDAY, APRIL 20 | 7:30 A.M. WCBA MAY PICNIC AT MORDECAI HISTORIC PARK TUESDAY, MAY 3 | NOON
INSIDE THIS ISSUE 2
A NOTE FROM THE EXECUTIVE DIRECTOR
3
MY BARCARES STORY
5
DIRECT EXAMINATION
6
AN AFFIRMATION PRACTICE
9
FIRST IMPRESSIONS
11 SPECIAL DIRECT EXAMINATION WITH JUDGES BAILEY & NAGLE 14 WELCOME NEW MEMBERS
WAKE BAR FLYER VOL. L | ISSUE 1 | FIRST QUARTER 2022
A NOTE FROM THE EXECUTIVE DIRECTOR BY WHITNEY D.G. VON HAAM | EXECUTIVE DIRECTOR, WAKE COUNTY BAR ASSOCIATION
Presidents YVONNE ARMENDARIZ, WAKE COUNTY BAR ASSOCIATION DAYATRA MATTHEWS, TENTH J.D. BAR Presidents-Elect JUDGE ASHLEIGH P. DUNSTON Secretary MEREDITH PACE BREWER Treasurer ELYSIA PRENDERGAST-JONES Immediate Past Presidents DAVE HOLM, WAKE COUNTY BAR ASSOCIATION RUSSELL D. BABB, TENTH J.D. BAR Board of Directors TIFFANY COX ANNA DAVIS JAKE EPSTEIN DAVID FERRELL NIYA T. FONVILLE JUDGE SAM HAMADANI LEANOR B. HODGE JOHN HOOMANI DEAN J. RICH LEONARD (EX OFFICIO) KELLIE MYERS KIMBERLY MILLER BRIAN P. OTEN SARAH PRIVETTE STEPHANIE N. ROBINSON KRISTINA THOMPSON JUDGE CHRISTINE WALCZYK JOHN WARD BENJAMIN O. “BOZ” ZELLINGER Young Lawyers Division President JONATHAN BOGUES Young Lawyers Division President-elect JACOB M. MORSE Executive Director WHITNEY D.G. von HAAM
SELF-CARE IS A SIMPLE CONCEPT. Yet, somehow, we all struggle with it in practice. Selfcare becomes even harder to manage when you love your job, and I oversee five people who absolutely love their jobs. Promoting a culture of self-care is beyond important to me, it’s an imperative. How can our staff promote the self-care that is critical to our members’ well-being if they aren’t seeing it within themselves? So, how do we do it within the walls of the WCBA offices? First, everyone knows that their well-being is a top priority to me and our leadership. Some days it is as simple as getting outside to get some fresh air in the lungs, and our office is the perfect spot to take a brisk stroll. Sometimes, we do this together, and other times, staff opts to have some alone time to get their head back in the game. Second, I remind people when they ask to work at home (which we allow) that sometimes what they really need is a day off. Yes, today’s technology allows for people to never unplug, but sometimes the encouragement to unplug is what someone needs to hear. We are fortunate to work in an arena where no one is going to suffer because we were not able to send out a meeting notice or process a check that day. Our staff is so committed to your experience that sometimes that important concept is forgotten. Lastly, we laugh together. We cry together. We care what is happening to our co-workers in the time after 5 p.m. and before 8 a.m. We are a team who knows we have each other’s backs, and knows when the going gets really tough – and it has for many of us at times – we have loving arms that will hold us, comfort us and make sure that the members never have to know. Plus, I recently gave Stephanie the go-ahead to purchase yoga mats for the office. We’ve been talking about using the conference room during bad weather for a good, cathartic session. So, if you stop by one day during our lunch period and someone answers the door in their favorite yoga pants, you will know what you’ve encountered. Until then, namaste. WBF
Wake Bar Flyer Editor CANDACE B. MARSHALL
FOLLOW US!
Communications SARAH L. JUSTICE Wake Bar Flyer Designer CLAIR S. SMITH Tenth Judicial District Bar Councilors JULIE L. BELL HEIDI C. BLOOM WALTER E. BROCK ASHLEY H. CAMPBELL KATHERINE A. FRYE KIMBERLY A. MOORE JUDGE ROBERT B. RADER WARREN T. SAVAGE © 2022 Wake County Bar Association & Tenth Judicial District Bar.
WAKE BAR FLYER
2
FIRST QUARTER 2022
MY BARCARES STORY
BY ELYSIA PRENDERGAST-JONES | LEGAL AID OF NORTH CAROLINA
THE WORD LAWYER/ATTORNEY HOLDS MANY EXPECTATIONS. It comes with the expectation that the person who carries that name is always strong, fearless, emotionless and has all the answers. The word lawyer/attorney also holds the expectations that it is a badge of armor and makes the wearer able to withstand all that is thrown at him or her. It creates an illusion that the wearer is not human, with human emotions, but rather an inanimate object that a client can rely on to pile all his/ her problems to hold and solve. As an attorney whose primary focus is on domestic violence and family law, I only see clients when they are having some of the worst days of their lives. I hear the stories that people don’t even want to share with their family and friends. They are the hardest stories for people to discuss because we live in a world these things happen to someone else and not us. As an attorney, we become numb to the stories as they all blur into one. They become normal and predictive, so much so that we forget that we are shouldering other people’s problems. There are so many days that we walk into court with either a smile or no emotion because that is what we are trained to do. We are trained to feel nothing when someone is crying in front of us. We are trained to be strong and zealous advocates that are always ready to fight. We look at the opposing counsel and try to figure out ways to rip that person and his/her client apart in court. We have a stance that is more akin to a boxing match than legal arguments. Daily, we prepare for battle as if it is Mortal Kombat and finishing the competition is our only goal. However, these stories start to become who we are. They creep into our souls and tear us down little by little. To learn to handle the stories, we build such an armor that we push our feelings deep inside and forget that they exist. I often tell my clients that only one of us can have emotions in court because we cannot all cry on the stand. I protect my clients by letting them feel all the pain, anger, sadness and fear they need without judgment or feeling the same. Over time, we look into the mirror and don’t see a person. We can only see all of the expectations people have of us, the problems they think we can solve, and the worries they think we can make right. When we hurt or feel any pain or emotion, we bottle it up and cover it with drinks and smiles. We forget that we need to sleep and eat. We forget how to be vulnerable and seek the help that we need. We don’t know how to say our life is falling apart and it’s okay to be human. We don’t know how to say that we just need some help. When I heard about Cheslie Kryst’s suicide, the need for asking for help became real to me. I felt her pain in every inch of my soul. I didn’t know her, but I know her. I know how it feels to experience what people see is not who you are. I know how you can seem like you have life figured out, but inside, there is pain and sadness. I know how you can work so hard in a career and others still think you are not “good enough.” I listened to her last message about her experiences as an attorney. I didn’t know her, but I know her story. It is one I live daily. I know how it feels to walk into a courtroom and people question why you are there. I know how to walk in a world with a dark depression that has no where to live in a powerful profession. We hear about the stories from other attorneys and the battles they face with mental illness, drugs and drinking. However, we choose to listen and ignore at the same time. We again look from a lens that it is their story, and we are strong enough to handle the issues on our own and even when we have the resources, we choose not to utilize them. My daughter has had medical issues since she was a baby. I have tried to stay strong and balance all the responsibilities as an attorney and mother, but most people don’t know that I spend so many days balancing work while at the hospital and doctor appointments. I have spent so many years protecting my daughter and my clients, that I forget I also need help. I forget that it is not always my job to be strong and protect everyone. I forgot that sometimes I need to be the one that asks for help. When I found out that my daughter needed additional help, I blamed myself and failed to look for the help I needed. I knew how much I needed to call BarCARES and knew about it, but it has always been my job to remain strong. All I could think about was finding the help my child needed and forgot that I need help to get “us” through this. I looked up BarCARES and knew that I needed to call. I looked up the number for many days and told myself I would call. I didn’t have the strength to make a call because it would be admitting that I was not strong enough to deal with my life. However, when my teen was strong enough to say that she was struggling and needed help, I needed to be equally as strong to get the help for myself. I had to look into the mirror and see a human that is filled with the same emotions, pains, and struggles that my clients have. I don’t have to always be that bottomless, empty pit filled with the emotions of others. When I finally got the courage to make the call to BarCARES, I was given a therapist’s number. Again, I looked at that number for another few days before I had the power to make a phone call. When I did call, it was so difficult to focus on myself and I felt horrible doing so. It was so much easier to focus on others . I tell people that they have to put on their airplane mask first if the plane is going down, but as an attorney/mom, I don’t know how to do that. I have been learning with the help of BarCARES and my therapist that it is okay to put on my mask first. It is more than okay; it is my obligation to put on my mask. I knew that my story would be Cheslie’s story or the story of my daughter if I didn’t call BarCARES. She saved me and my daughter because we were the same person. BarCARES offered that bridge to the mask I needed. Let’s hold each other up and make sure that we become the supportive profession that looks out for each other and ourselves. I am thankful for the support I received, and I hope that others use this great resource to find the support that they need. Never be afraid to ask for help and support. WBF WAKE BAR FLYER
3
FIRST QUARTER 2022
BarCARES
®
BarCARES can make a difference for Judicial District & Local Bar Members! BarCARES is a confidential short-term counseling, coaching and crisis intervention program created as a cost-free way of helping attorneys locate assistance to deal with the problems that might be causing stress. BarCARES is provided cost-free to members of bar groups that establish a BarCARES program. A number of judicial district and local bars, law schools and other bar related groups across the state have already chosen to offer this program. BarCARES of North Carolina, Inc, (BCNC) is a nonprofit corporation that works to expand the program to attorneys throughout North Carolina, and it monitors the overall BarCARES program operation. BarCARES, endorsed by the North Carolina Bar Association, is made possible by funding from bar groups that establish a BarCARES program, BCNC, the North Carolina Bar Association and its Foundation, and Lawyers Insurance Agency. BarCARES can be used for problems such as: Personal Issues • crisis intervention • depression and anxiety • substance abuse (drug or alcohol) • financial concerns • career counseling
Family Issues • marriage or relationship issues • children or adolescents • parenting • family conflict
Work Functions • professional stressors • course related stress • conflict resolution
BarCARES provides members of established programs in judicial districts, bar associations, law schools and organizations up to three free visits each year. In some programs the visits may be available to family members. Contact the BarCARES Program Coordinator for information about which BarCARES services are available to you. BarCARES Initiative extends a statewide program offer to any member of the NCBA who lives in an area where BarCARES is not yet available. This is a one-time benefit of three sessions under the program. You may contact the BarCARES Coordinator for information about which BarCARES services are available to you. BarCARES sessions can be used to provide assistance in resolving problems or accessing the appropriate source of help. Sometimes three sessions will be enough to take care of a problem. If it looks like the problem may require a longer term solution, the initial visits may be used to help identify the problem, to develop goals and a plan, and to access an appropriate resource, often covered under your health insurance plan. Every effort will be made for you to see a counselor who is also an approved provider under your group insurance in the event you wish to continue after the program visits are used. BarCARES is a confidential program, no one will know if you access the program but you and anyone you choose to tell. No personally identifiable information is shared with the BarCARES Board; the associated state, local voluntary or judicial district bar association; or any other entity without the permission of the BarCARES client/ user. Additionally, any health related information included in the sessions will follow federal HIPAA Privacy & Security Rules as stated in HRC’s HIPAA Privacy & Security statement. BarCARES program benefits are accessed by contacting the BarCARES Program Coordinator at HRC Behavioral Health & Psychiatry, PA, at 1.800.640.0735. You may also contact the BarCARES Program Coordinator just to ask questions about the program and the services it provides.
confidential counseling for the legal community and their families 1-800-640-0735 | barcares.ncbar.org
DIRECT EXAMINATION: AYESHINAYE SMITH
DIRECT EXAMINATION IS THE FIRST opportunity for the jury to meet a witness. An effective lawyer will use the opportunity to personalize the witness, making the witness appear both likeable and credible. At the end of the day, the direct examination is a party’s best chance to tell his or her story.
1. When you were in elementary school, what did you want to be when you grew up?
8. What has been the most surprising or unexpected development in your career?
A lawyer
Practicing law is way better than law school. I am surprised at how much joy practicing in and running my firm provides. It is not easy, but it is definitely rewarding.
2. What was the most important lesson your parents taught you?
9. What is your favorite book?
My parents taught me to make the most out of every opportunity I am afforded. I apply this to every new aspect of my life.
It is hard for me to decide on my favorite book. That really depends on my mood or what I have going on in my life at the time. During the pandemic, I began reading the Legacy of Orïsha series of books by Tomi Adeyemi. Children of Blood and Bone and Children of Virtue and Vengeance are the first two books in the trilogy. I read both of them in about a week. Hopefully, the next book and movie will be released soon.
3. Who was your favorite teacher and why? Professor Andrea Benjamin from my undergraduate career at UNCChapel Hill. Although she taught a political science course, I think that she prepared me very well for law school and my career. She pushed our class to think about nuanced issues from various perspectives.
10. What is your most marked characteristic?
4. Did you love or hate law school?
My dedication.
Hate.
11. What is your hidden talent?
5. What was your most embarrassing courtroom experience?
I’m a decent painter.
Being mistaken for a party in a case was embarrassing for the person who assumed that I was not the attorney.
12. Who are your real life heroes?
6. What was your best courtroom experience?
My younger brother, Darien, and my grandparents.
Without too much detail, I had a hearing where the judge was not 100% sure of the law to apply at the time. The judge complimented me on how effectively I explained the appropriate application to the facts at hand.
13. When and where were you happiest? I am the happiest whenever I am traveling with my husband. The most recent time we traveled together was our trip to Belize in September 2021. I really love to take the time to enjoy new surroundings and experiences.
7. Why did you become a lawyer? I always wanted to help people. From a young age I saw that law plays such an important role in everyone’s life. Lawyers are the people who help everyone understand and navigate laws. I wanted to be a lawyer to help people hold things together. WAKE BAR FLYER
5
FIRST QUARTER 2022
FIRST IMPRESSIONS OF AN AFFIRMATION PRACTICE BY CAMILLE STELL | PRESIDENT, LAWYERS MUTUAL CONSULTING & SERVICES
I love podcasts and I’m a regular listener of Oprah’s Super Soul Sunday. Oprah talks openly about her efforts at wellness and her holistic view of heart, body and mind, including her gratitude and affirmation practices.
2021 AFFIRMATIONS Affirmations are not just “wishful thinking”. While I had no negative first impression of affirmations, I didn’t know any of the science behind the practice.
Here are a few of Oprah’s affirmations: • I know for sure that what we dwell on is who we become
MindTools compares repetitive positive self-talk to the repetitive exercises we use to improve our physical health.
• You get in life what you have the courage to ask for • You become what you believe I love the wisdom behind these thoughts. My first impression of an affirmation practice wasn’t negative, I simply didn’t make the time to explore it.
Here are my 2021 affirmations: • What is meant for me will come to me
By mid-2020, my normal efforts at well-being were no longer effective and I realized I needed more tools for my toolbox. My friend Jennifer Mencarini shared pandemic-related Affirmations from Mastin Kipp, author of Daily Love: • I am flexible and able to safely manage change.
Camille Stell is the president of Lawyers Mutual Consulting & Services. Continue this conversation by contacting Camille at camille@ lawyersmutualnc.com or 800.662.8843.
• Recognize that ruminating will blow events out of proportion. Action is a deterrent to the ruminating mind; stop ruminating and start moving. • Recognize what I have no control over and stop worrying. Learn what I can control – primarily my own response - and focus on that.
• This unforeseen event is a chance to evolve, grow and discover even more of who I am.
• Let go and let God.
• I do not have to solve this problem by myself. I am free to ask for help from others, the Universe or God.
MindTool shares that evidence suggests that affirmations help us perform better at work.
These phrases resonated with me, and I wanted to know more.
WHAT IS AN AFFIRMATION PRACTICE? This wellness approach uses positive statements to challenge the negative selftalk that often happens in our heads.
For example, before a job interview (or performance review, ugh!), spending a few minutes thinking about your best qualities can calm your nerves, increase your confidence, and improve your chances of a successful outcome.
2022 AFFIRMATIONS
These positive mental repetitions can reprogram our thinking patterns so that, over time, we think and act differently. As I looked back at 2020 and 2021 affirmations, and set my 2022 affirmations, I was happy to see how my mind and attitude has shifted in a more positive direction in the past two years. I don’t want to discount the importance of other health-related measures I’ve taken to deal with the upheaval of the world, but I am convinced that my affirmation practice has made a positive difference.
2020 AFFIRMATIONS
I spent January preparing myself for the new year. I finalized my goals, I started new spreadsheets to track progress on projects, and I wrote my affirmations. • Words matter. • Embrace the mindset of abundance. • I choose peace over being right. • I am exactly where I am supposed to be. • Everything is unfolding in perfect Divine order in my life.
In 2020, my affirmations addressed the anxiety I felt in a new work role, the isolation of working from home and the uncertainty brought on by the pandemic. • I can do this work. I have the skills and experience. I have the network and resources. • I will look for joy in my work. I am helping people. I am not solving their problems single-handedly, but I am helping them find solutions that ease their pain. • This is a difficult time, and I will give myself grace.
• Look through eyes of faith and forgiveness. After writing my affirmations, I was struck by the progress I’d made in two years as I compared my 2022 phrases to 2020 and 2021. Instead of using words such as “difficult time” my affirmations seemed to reflect a shift in thought. Instead of convincing myself through self-talk that I can get to where I need to be, I noted that I AM where I need to be. That was a WOW moment for me.
SET YOUR OWN AFFIRMATIONS
As I look back on these affirmations, I remember the exact way I was feeling when I wrote them. I was honest in my declarations. I started every day by reading and repeating the affirmations. During the day when I was stuck, I would go back to them almost as a breathing exercise.
Visit Using Affirmations - Stress Management from MindTools.com, to learn more about the benefits of an affirmation practice, how to use them and how to create your own.
The affirmations made me feel much more at peace at a time when the world felt out of control, as did my response to the world.
Continue this conversation by contacting Camille Stell at camille@lawyersmutualconsulting.com or 800.662.8843.
WAKE BAR FLYER
6
FIRST QUARTER 2022
2022 WCBA BASKETBALL LEAGUE RESULTS THE2022WCBABASKETBALLLEAGUEWRAPPEDUP their annual tournament with a classic barn-burner between an established, experienced squad and an upstart group of Campbell law students on Saturday, March 19. In the end, Team Monroe took home the trophy, winning 50-48. Here's a recap in the words of both team captains. "We were glad to fight off the young guys. It was a tight game throughout. We were fortunate not to catch Campbell’s best shooting performance of the year. We were up by a few points at the half with a pretty balanced attack, despite Brian Taylor playing through a pulled hamstring. Old guys pulled ahead by eight early in the second half. The gap stayed between three or so and eight for much of the second half before the Campbell boys got hot late. I can’t remember the chronology, but Parker hit a huge three from the corner to cut it to a one possession game. Holton responded with a clutch three, and one of the twins (Luke?) hit a deeeeeeeep three. Campbell ended up with the ball and down two with almost a minute left. Somehow, the old guys locked down to get a stop and close out the W. Team Monroe won by two (50-48, I believe). It was nice to get the trophy back home again for the first time since 2017." Jeff Monroe, Miller Monroe Plyler "Jeff hit it on the head with the game summary. Pretty sure the only lead we had was a 3-0 lead to start out the game and then Jeff and the crew led the rest of the way. I will credit our poor shooting to their great defense. Were very physical and had more size than us and used both to their advantage. It was relatively close the whole game, between three and 10 but we made our run a little to late. Jeff and them hit big shot after big shot to halt any type of run we had in us. We were also stalled three times under the last minute down by two. Jake missed a late three with .6 seconds left from the corner that would've won it for us. It was a great start to March Madness. We didn't shoot it well from three or the free throw line, both of which really hurt us. Great game though and was real fun to take part in. " Parker Lucas, Campbell Law School
WAKE BAR FLYER
7
FIRST QUARTER 2022
A MISSION TO HELP. PEOPLE WHO CARE. PROTECTION THAT COUNTS.
TODD JONES, ANDERSON AND JONES HOPE LINE MURAL, RALEIGH
Lawyers and murals have a lot in common. They’re both diverse and creative. Each is unique. Each tells a story. Lawyers Mutual has helped tell the story for North Carolina lawyers since 1977. It’s a story of people who care and a mission to help. It’s a story of people, protection, and a mission. IT’S A STORY THAT KEEPS GETTING BETTER.
919.677.8900 800.662.8843
www.lawyersmutualnc.com
MEMBERSHIP IN MULTIPLE BARS FIRST IMPRESSIONS We always enjoy hearing our members' stories and reflections on their practice. For this issue exploring "firsts" we asked the following questions: What was your earliest memory or first impression of the law or practice of law? How did your first impression inspire you to become an attorney? Does your first impression still hold true today? WBF “My earliest memory of the practice of law came around the 5th grade. While eavesdropping on an 'adult conversation,' I learned a family member was in the middle of a divorce and the adults were in the kitchen discussing what was necessary to get an attorney to help my relative retain her possessions. At that moment, an attorney seemed like the most important person in the world to my relative. The idea of obtaining this attorney gave hope. I thought I could do that. Later on, I also received a superlative in 5th grade, "Most Likely to Become a Lawyer." At that point, I felt it was fate. I still look forward to providing hope to people in less than ideal situations. I still believe the work my colleagues and I do has a significant impact on families and our community. I am grateful I have the opportunity to continue to serve." JAY JERKINS, JERKINS FAMILY LAW “I became interested in law in high school when I spent a few weeks over one summer shadowing a district court judge in Mecklenburg County. I observed criminal trials, family law cases, and various other civil matters. I couldn't believe how many different cases district court judges must handle. Family law intrigued me the most. To a high schooler, it was real life reality TV! It lit the fire for family law. I wanted to get right in the middle of the issues and help families resolve disputes. I liked this practice area because it is multidisciplinary. It includes civil procedure, evidence, criminal issues, property and business law and good old common sense. I was hooked seeing the attorneys litigate in the courtroom and present facts that told two different sides of the same story. Most days, yes. I enjoy the nuances of my cases and the challenges in the courtroom and at the mediation table. My goal is to continue to learn and grow as an attorney and never be complacent. I feel fortunate I am surrounded by so many amazing mentors in Wake County and I genuinely enjoy the strategy and demands of the job.” LILLIE ASHWORTH, MARSHALL & TAYLOR PLLC
“Although my maternal grandfather, who I admired my whole life, was a career lawyer, I never had a true sense of the legal system until the intersection of my own work as a social worker fresh out of graduate school. As the director of a certified batterers' intervention program in Durham, I had constant interaction with court stakeholders and the court system. Through that role, I was regularly disheartened with the failures of the system to support survivors of gender violence— ultimately motivating me to enter law school. Now as an attorney with over a decade of experience, I have seen not only the shortcomings for survivors but the systemic oppression and discrimination that courtinvolved defendants have always faced and continue to face and hope to use my lawyering to assist them and make systemic changes whenever possible.” AMILY MCCOOL, SCHARFF LAW FIRM
WAKE BAR FLYER
9
FIRST QUARTER 2022
“I started thinking about the practice of law while I was in the military. While stationed at Fort Belvoir in Virginia, I was appointed to the Post Court Martial Board. At this point I was an Army officer, but not a lawyer. While on the board I became very interested in the law and how it is the foundation of civilization. In mentioning this to my wife, she suggested I go to law school. With the benefit of the GI Bill, I embarked on becoming a lawyer. The rest is history. And, yes, I am still fascinated how the law, and its enforcement is the structure of our society.” MICHAEL ORTIZ, ORTIZ & DOYLE
“When I was in elementary school, I got to dress up as a lawyer for one of our school assemblies. It was fun, but I never thought that becoming a lawyer was something that I could do. At that point, and for a long time afterwards, I had not come across any lawyers that looked like me. Because of this, law was not something that I thought to pursue. But, when I was in undergrad, I took an environmental justice class. Reading about how certain laws impacted minority and socioeconomically disadvantaged communities greatly inspired me to apply to law school. Now that I’m an attorney, I realize that it’s a blessing to be able to look back and see that I became something that I didn’t think was possible for me to become.” ALEXIA DOMINGUEZ, SMITH DOMINGUEZ PLLC
“Before I became an attorney, I had the impression that 'practicing law' meant 'being in court,' and that was exactly what I wanted to do. When I began working as a prosecutor in district court, that impression held true for the most part. But as my workload changed so did my allocation of time, and a few hours in court might be set against several days or weeks of research, writing, discovery, negotiation, and preparation. Now that I’ve moved into an academic role I never set foot inside a courtroom, and yet I feel more deeply connected to the law than I ever did before, and I genuinely love what I do. What a pleasant surprise.” JONATHAN HOLBROOK, UNC SCHOOL OF GOVERNMENT
“My earliest impressions of the law or the practice of law were through observations of my father. Beyond wanting to emulate him, I learned early on that the practice of law had a wide variety of areas. He practiced with federal government agency, so I saw more than Arnie Becker and Jonathan Rollins on L.A. Law. My first impressions of the practice of law evolved as I understood the importance of laws in our nation. Learning more about how lawyers challenged the laws that suppressed Americans was inspiring and enhanced my perception of the significance of the practice of law. More than anything, I saw how lawyers could serve and influence our communities beyond just the practice of law. As a profession, we are often called to serve our communities in so many ways. That was probably what attracted me to becoming a lawyer more than anything else." KEITH SHACKLEFORD, WARREN SHACKLEFORD THOMAS ATTORNEYS PLLC
WAKE BAR FLYER
10
FIRST QUARTER 2022
DIRECT EXAMINATION SPECIAL: JUDGE KRIS BAILEY AND JUDGE DAN NAGLE WAKE COUNTY DISTRICT COURT JUDGES KRIS BAILEY AND DAN NAGLE both retired on February 1 after serving on the bench for several years. As they embark on new adventures, we asked them to share their thoughts and insights through a special edition of our Direct Examination.
JUDGE DAN NAGLE
JUDGE KRIS BAILEY
1. When you were in elementary school, what did you want to be when you grew up? BAILEY: Construction worker, army man, or a football player NAGLE: Until I was 12 years old, I wanted to be a cardiac surgeon. Then I saw an actual open heart surgery performed on UNC TV and thought, “Maybe not!” and shifted my interest to electronics. 2. What was the most important lesson your parents taught you? BAILEY: Work hard and work until its finished. Try to be kind and respectful to everyone in every station of life. NAGLE: Of the many lessons my parents taught me, perhaps the most important was that nothing is free and hard work pays off. 3. Who was your favorite teacher and why? BAILEY: 4th grade, Mrs. Moore because she let me sit in the back of the room; high school, Mrs. Wertz because she believed in me; and I must acknowledge Judge Kristin Ruth and Judge Bill Lawton, who taught and showed me how to sort out and manage and navigate a busy court room. NAGLE: My favorite teacher was Clarence Batts, my ninth grade science teacher. Mr. Batts helped me out of my “rough patch,” redirecting me by developing my interest in science. 4. Did you love or hate law school? BAILEY: I loved law school because I learned after the first semester that I was not going to be in competition for the top of the class. So, being free from that stress and able sit back, listen, learn and think more clearly made law school more enjoyable and interesting. NAGLE: I loved law school. I have always loved learning. I restarted my undergraduate studies when I was 35 and decided to go to school at night. I truly enjoyed that experience, and along the way decided I wanted to be a lawyer and eventually run for district court judge. I went to law school after I retired from my career in law enforcement and loved every minute of it and made many friends along the way.
WAKE BAR FLYER
11
FIRST QUARTER 2022
5. What was your most embarrassing courtroom experience? BAILEY: There are too many to count, but one was in open court trying to reschedule a case for February 30th. I couldn’t figure out why everyone was so very quiet NAGLE: My most embarrassing courtroom experience came when I was an assistant district attorney and spent an hour and a half trying an assault case in our People’s Court. After closing arguments, I handed up the shuck to the presiding judge who read the charging language aloud. '... that John Smith did unlawfully and willfully assault and strike John Smith by striking him in the head and face.” After hearing the judge read the allegation I realized the warrant essentially charged defendant with assaulting himself. I never again tried a case without first critically reading the charging instrument. 6. What was your best courtroom experience? BAILEY: Working with so many excellent courtroom clerks (the most important person serving in any courtroom) such as Ms. Leonard, Ms. Spruill, Ms. Murphy, Ms. Solano, Ms. Smith, Ms. Jones, and many many more. They all took good care of me and were a joy to work with. NAGLE: My best courtroom experience came when I received a letter from a young lady I sent to prison inviting me to her graduation from an incustody program preparing the participants for a successful return to life outside prison. Each graduate had a table and was allowed to invite family members, their sponsor, and a person from whom they received inspiration. In her letter of invitation, this young lady told me I saved her life and my words at sentencing inspired her to return to the dreams she once had. She called me “an angel in a robe." 7. Why did you become a lawyer? BAILEY: My good friend, John Broome, was a lawyer and he inspired me in many ways to go to law school and it seemed like the next thing to do. NAGLE: I became a lawyer because I loved the law. As a lawyer, I could continue to make a difference in the lives of people and in our community. A new way to serve. 8. What has been the most surprising or unexpected development in your career? BAILEY: Never expected to serve this long as District Court Judge, which spanned part of two centuries and part of four decades. Enjoyed such a long stretch serving in court every day with our excellent Wake County bar. NAGLE: I cannot say that I had any surprising or unexpected development in my career. Every step and accomplishment I achieved in my career was the result of a vision, a plan, and hard work and persistence in executing that plan with the help of my loving family and people who believed in me and helped make my success possible. 9. What is your favorite book?
BAILEY: [The books of ] Luke - Acts which tell of the life of Jesus and what happened afterwards. NAGLE: I can’t say that I have a favorite book. I generally read for information and not for pleasure. 10.What is your most marked characteristic?
BAILEY: I can keep a straight face in court, but also have a sense of humor that doesn’t always make sense. NAGLE: My attention to detail and laser focus on the task at hand.
(continued on p. 13)
WAKE BAR FLYER
12
FIRST QUARTER 2022
2021 BAR AWARDS CHECK PRESENTATION The final tally is in and after months of anticipation, a check for $79,661.28 was presented to representatives from Legal Aid of North Carolina in March 2022. A big thanks to everyone who contributed, we can't wait to see what this year's event brings! (Pictured L-R: WCBA President Yvonne Armendariz; Diana Fenves, LANC; Pamela Thombs, LANC Raleigh Managing Attorney; LANC Executive Director George Hausen; 2021 Bar Awards Chair John Ward; WCBA Immediate Past President Dave Holm.) WBF
(continued from p. 12) 11. What is your hidden talent? BAILEY: Folks say I cook really good chili and beans. I also enjoy calling into the Paul Finebaum show from time to time to comment on college football. NAGLE: My ability to ask probing questions to gain insight to the underlying issues. 12. Who are your real life heroes? BAILEY: Daniel Morrison NAGLE: Our forefathers who had the vision to create a new society with a government by and for the people built on a constitution that distributed and limited the power of the government to three co-equal branches, each dependent on at least one other branch to execute their power. 13. When and where were you happiest? BAILEY: When I am with my wife of 38 years, Terri, our children, Mariah and Jordan and his lovely wife Sarah, and our grandchildren Nico and Lucas. NAGLE: In my 66 years of life on this planet I was happiest on the shores of Emerald Isle Beach on Valentine’s Day, 1987 when I asked my best friend and soul mate to marry me, and she said, “YES!” WAKE BAR FLYER
13
FIRST QUARTER 2022
WELCOME NEW MEMBERS OUR BOARD WELCOMED 162 NEW MEMBERS AT ITS DECEMBER 2021 AND FEBRUARY 2022 BOARD MEETINGS, LISTED BELOW. Francis Ahia I Parker Poe Adams & Bernstein LLP Hannah Renee Akers Eller | Anders Newton PLLC Trent Sheppard Allard I The Shoaf Law Firm PA Michael Jonathan Atkins Jr. I Costner Law Camden C. Betz I Brooks Pierce McLendon Humphrey & Leonard LLP Shanae R. Auguste | Loebsack & Brownlee PLLC Andrew Craft Avram I Edwards Kirby LLP Erich James Baker I Wyrick Robbins Yates & Ponton LLP Angela C. Baldwin | Law Office of Angela C. Baldwin PLLC Dominique Barile I Wake County Public Defender's Office Erin Barker I Brooks Pierce McLendon Humphrey & Leonard LLP William Barker Daisha Barnes | Smith Dominguez PLLC Adrina Bass | North Carolina Department of Justice Katharine Batchelor | NC Court of Appeals Ronald Joseph Bauer | Mann McGibney & Jordan PLLC Thomas Hayden Baugh | Jackson Law PC Jennifer Bedford | NC General Assembly William Nawrot Bell | William Bell Esq CPA Paulette Benz | Life Law Tamla Beverly | Tymus Beverly, PLLC Paul Daniel Bradford | Bradford Law Offices Jeff Bradford | Jeff Bradford R. Stephen Camp | Wells Fargo Caroline Garrett Casey | Legal Aid Joseph Michael Clay | The Law Office of Joseph M. Clay PLLC Gretchen Nicole Cleevely | Brady Cobin Law Group PLLC Kevin James Cline | Kevin Cline Law, PLLC Andrew J. Cobin | Brady Cobin Law Group PLLC Jennifer Cofer | Ogletree Deakins Jayla Cole | Jackson Law PC Amanda Marie Colley | McGuireWoods LLP Kristin Comer Kyle Compton | The North Carolina Association of Educators Kellie Corbett Cassandra J. Creekman | Wyrick Robbins Yates & Ponton LLP Jacqueline Childers Crutcher Rebekah Wilson Davis David Eugene Dean | Brady Cobin Law Group PLLC Taryn DiPalma | McGuireWoods LLP Tim Dodge | NCEMC Thomas W. Earnhardt Lauren Tally Earnhardt | NC Sheriffs Association Inc Susan Mary Easter | PreferredOne Oumayma El Hamzaoui | Millberg Gordon & Stewart PLLC Kelly E. Elder | Martin & Jones PLLC Richard William Farrell | The Farrell Law Group PC Christopher E. Flurry | Ellis & Winters LLP
WAKE BAR FLYER
Ashley Foxx | NC Department of Justice Stephen Charles Gambill | Ragsdale Liggett PLLC April Marie Giancola | Campbell University School of Law Shomik Latoy Gibson | Graber Law Firm PLLC Mary Kate Gladstone | Wyrick Robbins Yates & Ponton LLP Grace Leighanna Glover | Cauley Pridgen PA Laura Anne Godly | Milberg Coleman Bryson Phillips Grossman, PLLC Lauren Genvert Goetzl Raquel Alejandra Gonzalez Padron | Wyrick Robbins Yates & Ponton LLP Paul Philip Gordon Laurena Grissett | Legal Aid of NC Evan Alexander Grosskurth | Schwartz & Shaw PLLC Trevor Schaal Guyton | Gibson Law PLLC Victoria Lyons Hanafin Serenity Hardaway | Consilio LLC Monica Harrington | Legal Aid of NC Kathryne Elizabeth Hathcock Katherine Elizabeth Henderson Mary Caitlin Henricks | Dummit Fradin Niccolle Claire Hernandez Roy Hill III | Bryant & Lewis PA Samantha Hovaniec | Brooks Pierce McLendon Humphrey & Leonard LLP Erin Gayle Hukka | North Carolina Department of Justice Samuel R Iden | Jackson Law Federico Iwan | ICE Global Consulting, Inc. Susan Golden James | WakeMed Health & Hospitals Samantha Jayne | NC National Guard Sarah Elizabeth Jeffers Elizabeth Jenkins | Yates McLamb & Weyher LLP Matthew Jones | Monroe Wallace Morden & Sherrill PA Laura Jordan | Poyner Spruill LLP Matthew Jordan | KPMG LLP Amanda Patricia Just | Ragsdale Liggett PLLC Bobby P. Khot | Solo Practitioner Steven Austin King | Nexsen Pruet PLLC Hassan Kingsberry | Town of Wake Forest Sherilyn Victoria Knox | City of Oaks Law Sarah Elizabeth Koelling | Phelps Dunbar LLP Tania Xiomara Laporte-Reveron | Municipal Revenue Collection Center Savannah Elaine Lavender | Howard Stallings From Atkins Angell & Davis PA Joshua Leo Lawson | Meta, Inc. Ariana Lewis Alexandra Liebl | USPTO Catherine P. Liu | The Banks Law Firm PA Ava B. Lynch | Riddle & Brantley LLP Joshua MacNamara Chidiebere Madu | Wyrick Robbins Yates & Ponton LLC Donna Marie Mansfield | Superior Court of the Virgin Islands
14
FIRST QUARTER 2022
WELCOME NEW MEMBERS OUR BOARD WELCOMED 162 NEW MEMBERS AT ITS DECEMBER 2021 AND FEBRUARY 2022 BOARD MEETINGS, LISTED BELOW. (continued from p. 14) Joseph Alexander Marshall | Dement Askew LLP Erik Alexander Martin | Erik Martin Law PLLC. Emily Mattern | Young Moore & Henderson PA Lauren Raynor McAndrew | Blanchard Miller Lewis & Isley PA Theresa J. McCarthy Katie McCoy | Gibson Law Firm, PLLC Brian McCracken | Wyrick Robbins Yates & Ponton LLP Kathleen Miller | Breeden Law Office Angela W. Morris | Solo Practitioner Samuel T. Morris | Poyner Spruill LLP Gary Adam Moyers | Batten Lee PLLC Meryl M. Murtagh | Wyrick Robbins Yates & Ponton LLP Virginia Scott Mutter | StephensonLaw LLP David C. Nahm | Law Office of Thomas A. Earls Ammon Nelson | Ammon Nelson Law, PLLC Perry Y. Newson | Retired Ashley Michelle Nunes | Roberts Law Group PLLC Liana Dolores Orta | Triangle Smart Divorce Sidney Page Overby | Raleigh Divorce Law Firm Michael Ovsievsky | Morningstar Law Group Anna Parsons Kisha Patel | McIlveen Family Law Elizabeth Frances Pellegrini | NC COA Kristin Pennock | Hampson Family Law Kayla Delaine Perry | Guirguis Law P.A. Mara Bovard Peterson | Jones Branz & Whitaker LLP Sydney Claire Plummer | Young Moore & Henderson PA Edward N. Pollard Esq. | McKim & Creed Inc. Alayna Marie Poole | Yates McLamb & Weyher LLP Phylicia M. Powers | Roberts Law Group PLLC Taiyyaba Ahmed Qureshi | fronteraTECH Law Kenzie M. Rakes Adam Ray | Williams & Ray PLLC Cameron Bradley Redd | RS Legal Group Alexandra Riddle | Riddle & Brantley LLP Robert G. Rosenthal | Solo Practitioner Robert Jacob Schmidt | Midtown Property Law Monica Layne Sessoms | New Direction Family Law Janelle C. Shewmaker | Tatum & Atkinson PLLC Kalyn Simmons | Parker Poe Adams & Bernstein LLP Savannah Marie Singletary | Ogletree Deakins Rebecca Skahen | Millberg Gordon & Stewart PLLC Haley Smith | Attig, Curran, Steel Carlie Smith | Manning Fulton & Skinner PA Ian B. Smith | Tatum & Atkinson PLLC Dale Virginia Stephenson | Ward Family Law Group Shera K. Stewart | First Citizens Bank & Trust Company
WAKE BAR FLYER
Wesley Stewart | Howard Stallings From Atkins Angell & Davis PA Madalyn Strahl | Wyrick Robbins Yates & Ponton LLP Alicia Gruenebaum | Suter Brian Zachary Taylor Jr. | Manning Fulton & Skinner PA Sarah Thompson | Wyrick Robbins Yates & Ponton LLP Linda Birkin Tigges | Lenovo Inc. Paul F. Toland | Wilson Ratledge PLLC Jeffrey Lee Traversino | Self-employed Amanda Volz Kelsey Walker | Maginnis Howard Laurieann Walker | Moore & Alphin PLLC Briana Way | Moore & Alphin PLLC Lena Catherine Welch | Disability Rights NC Maggie Wilder | Wyrick Robbins Yates & Ponton LLP Benjamin L. Williams | Gordon & Rees LLP Dylan McCrae Willis | Venture Law Emma Nicholle Wingfield | Loebsack & Brownlee PLLC Dynasty Winters | Legal Aid of NC Qizhen Xiao | Womble Bond Dickinson (US) LLP Brian Kent Zuercher | Brian K. Zuercher, Attorney at Law, PLLC
15
FIRST QUARTER 2022