Wake Bar Flyer | Third Quarter 2022

Remembering the Past, Celebrating the Present & Embracing the Future 10 Years of Diversity, Equity & Inclusion Efforts... p. 11 ___________________________________ _

VOL. L • ISSUE 3 | THIRD QUARTER 2022

BAR FLYER WISE WOMEN: THREE LESSONS IN LEADERSHIP FROM OUR FEARLESS FEMALE LEADERS

BY YVONNE ARMENDARIZ, ARMENDARIZ LAW OFFICE | WAKE COUNTY BAR ASSOCIATION PRESIDENT

AS PRESIDENT OF THE WCBA my email is inundated with all types of invitations to conferences, seminars and CLEs on how to become a more effective leader. The invitations promise the right blend of communication, collaboration and strategic thinking skills that will catapult me into a global leadership stratosphere. However, what I have found is that the most potent example of leadership is not theoretical but visual. The optics of someone who looks like me at the helm of an organization is uplifting, and it propels me to continue their tradition of excellence.

It is a tremendous honor to highlight in this column our previous WCBA & Tenth Judicial District Bar female leaders. Our bar has been in existence for almost 100 years, and while we have not had nearly an equal amount of representation in leading this fine organization, our previous female leaders are examples of brilliance, professionalism and tenacity. Their stories are inspiring and provide a glimpse into the generational challenges and triumphs of what it means to lead as females. It has been a joy to speak with our previous presidents about their favorite three experiences at the helm of our Bar, and it is my hope that their lessons inspire and instruct the next great generation of attorneys in our profession.

While all our previous presidents are marvelous leaders in their own right, I was deeply impacted by the trailblazing example of Catharine Arrowood, who served as president of the Tenth and WCBA in 2007. The resistance and opposition she faced when she first received her license to practice law in 1977 was daunting. “Many of my experiences and obstacles as a new attorney mirror those of Sandra Day O’Connor and Ruth Ginsburg. It seems incredulous to our newer attorneys, but this was my life,” she recalled. Ms. Arrowood graduated near the top of her law school class and was born into a prominent judicial family, yet she was refused employment as a female attorney. Most chilling is that her experiences did not take place in the too distant past. Ms. Arrowood’s obstacles instructed not just her career but the legacy she wanted to leave for the WCBA. She cites as her favorite three memories during her tenure the monthly articles she wrote for the Bar focused on lawyers who led the way on social justice issues, celebrating the 40th year anniversary of the vote to integrate the WCBA, and her own relentless drive to continue creating a more racially integrated Bar. Ms. Arrowood is nothing short of living history, and it is my hope that her recollections become memorialized by our history committee.

Nan Hannah, WCBA President 2010, attributes her dogged and persistent determination to get matters accomplished as her greatest strength as a leader: “I am like a dog with a bone - once given a task, I will see it through to its conclusion in a timely and thorough manner. I am willing to deal with the non-‘sexy’ issues that need attention. That is why the biggest success during my tenure was dealing with a thorough review and revision of the bylaws of both organizations along with updating the various governance documents required of nonprofits. As part of that process, we undertook a thorough exploration of whether remaining two separate organizations made sense or whether unifying (like Mecklenburg) should be considered. We unanimously agreed the two-organization set up was preferable for professionalism, collegiality and our overall culture,” a wise decision as in 2022 the Mecklenburg Bar and 26th J.D. Bar decided to split and follow the WCBA and Tenth model. (CONTINUED ON PAGE 15)

UPCOMING EVENTS RULES BASED MEDIATION IN AN AGE OF REOPENING THURSDAY, SEPTEMBER 8 | 2 P.M. WCBA SOFTBALL LEAGUE WEDNESDAYS | 7 - 9 P.M. BREAKFAST DISCUSSION SERIES: RESPONDING TO MICROAGGRESSIONS WEDNESDAY, SEPTEMBER 21 | 7:30 A.M. WCBA MEMBERS-ONLY OYSTER ROAST THURSDAY, SEPTEMBER 22 | 5 P.M. - DUSK ANNUAL PROFESSIONALISM ROUNDTABLE TUESDAY, OCTOBER 4 | 12:45 P.M. LEARN OVER LUNCH: A PRACTICAL INTRODUCTION TO PATENT LAW THURSDAY, OCTOBER 6 | 1 P.M. WCBA TENNIS TOURNAMENT FRIDAY, OCTOBER 7 | 1 P.M. WCBA FAMILY PICNIC FRIDAY, OCTOBER 7 | 4:30 - 7 P.M. PROFESSIONALISM FOR NEW ATTORNEYS OCTOBER 12 - 13 | 9 A.M. - 4:30 P.M. BLOCKBUSTER CRIMINAL LAW UPDATE FRIDAY, OCTOBER 14

INSIDE THIS ISSUE A NOTE FROM THE EXECUTIVE DIRECTOR SCHOLARSHIP AWARD WINNERS A CONFIDENCE HIT AND THREE TIPS TO RECOVER 7 RES IPSA LOQUITUR: WE ALL NEED THERAPY

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10 DIRECT EXAMINATION: JAKE EPSTEIN 11 REMEMBERING THE PAST, CELEBRATING THE PRESENT & EMBRACING THE FUTURE

WAKE BAR FLYER VOL. L | ISSUE 3 | THIRD QUARTER 2022 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

A NOTE FROM THE EXECUTIVE DIRECTOR: THE POWER OF THREE

BY WHITNEY D.G. VON HAAM | EXECUTIVE DIRECTOR, WAKE COUNTY BAR ASSOCIATION

THERE IS NO DOUBT that a leap of faith was taken by a search committee in 2010 to hire a new executive director who was also mother to a toddler and two infants. After all, it was a time when I was just glad to show up at work without something smudged on my clothing. But, I had watched the Wake County Bar and Tenth JD Bar from a distance for years, and knew that I had some ideas that could benefit the local bar, even with some beloved “baggage” in tow.

Here we are almost 12 years later, and my three kids – Nyah (15), Tamryn (12) and Adam (12) -- have truly been reared, in part, by the lawyers of Wake County.

Not a lot of kids have a natural comfort with strolling around the courthouse or being hugged by the chief justice. They know more about district court and public defender elections, and the difference between the bar association and judicial district bar than many lawyers.

They know where the candy and sodas are hidden at the WCBA house. They have suggested the games, art projects and giveaways for the Family Picnic. They even have a working knowledge of the grievance process.

I always dreamed of having three kids, and my road to motherhood was not an easy one, involving many more shots and procedures than I even knew existed. And, because of this struggle to have them, my appreciation for all the happiness and exhaustion that they bring is particularly sweet. I promised myself when they were infants that I wouldn’t just survive, but I would thrive and make sure that we all spent happy, quality time together. This commitment remains today a driving force in my life: creating joyful time and memories, valuing experience over material things.

Yes, you can sometimes find them lounging around my office or stuffing bags for an event. When they aren’t there, my office is riddled with memories of them being there – whether it is a note they’ve written on a pad of paper for me, a happy face created from a “Whitney von Haam” signature stamp or the many pictures we’ve taken on different adventures. WBF

Executive Director WHITNEY D.G. von HAAM Wake Bar Flyer Editor CANDACE B. MARSHALL 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.

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THIRD QUARTER 2022

LAW SCHOOL SCHOLARSHIP WINNERS CHOSEN Congratulations to Amy Brosnahan and Asia Lowe, both of Raleigh, who each received a $5,000 Wake County Bar Association Foundation memorial scholarship. The scholarships are awarded annually to law students or persons about to enter law school who have Wake County ties and are funded through donations, the annual golf tournament and late fees from district bar dues.

The scholarship fund was founded in memory of Edwin S. Preston Jr., former Wake County Chief Resident Superior Court Judge.

Get to know this year's winners by reading the below excerpts from their application essays.

AMY BROSNAHAN | 3L, WAKE FOREST LAW SCHOOL "Since North Carolina has such a special place in my heart I decided to become a Guardian ad Litem in the Wake County foster care system. I knew that North Carolina’s foster care system was full of children who were desperate for a loving home or to be reunited with their loved ones. As a Guardian ad Litem in Wake County, I have been able to help children who were adjudicated as abused, neglected and abandoned. I was a voice for these children in the court system as many of them were too young to be able to voice their opinion. I had to follow children as they bounced from foster home to foster home as they moved through the system. During this time, I was their only constant person who stayed with them. This volunteer position was rewarding but so hard.

Some days I got to see children be reunited with their family, but I also got to see children who were not wanted by their family. Even through the hard days, I knew that my position as a Guardian ad Litem would help make a dent in improving the foster care system in the state I love so much.

"Since I had the opportunity to become a Guardian ad Litem in Wake County, I see myself returning home to Raleigh after law school to become a family and adoption attorney. Because of my roots in Wake County, I feel like I have a responsibility to make it a better place for the generations to come. When families go see a family lawyer, they are usually experiencing a difficult time in their life such as divorce, death or child custody [situation]. I have a passion to help them through this hard time. Even though I want to be a lawyer for families of Wake County, my passion runs much deeper. There are thousands of children in the Wake County foster care system and my passion for children and the family unit has led me to consider adopting a child of my own from the system. This is my home, and my parents gave me an amazing life and I hope to give a child this same love one day. My hope is to help the children and families of Wake County as a mother and a lawyer." WBF

ASIA LOWE | 3L, CAMPBELL LAW SCHOOL "After applying to every school that didn’t have a hefty college application fee that I could not afford, I patiently waited to hear from FAFSA and the school finance departments. I ended up at the University of North Carolina at Charlotte (UNCC). I didn’t know what I would accomplish in those four years, but I knew that I would leave with a degree and that I would find a career where I could help individuals like me. Individuals who wanted to make something of themselves but did not know where to start.

"While at UNCC I fell in love with criminal justice studies and criminology. I studied everything from the sociology and psychology of crime, juvenile justice, criminal detention, and even elder abuse. It was the short comings of our criminal justice system that made me want to become a criminal defense attorney. I was first introduced to the idea of being a lawyer during my high school JROTC career day. Studying criminal justice sealed the deal. By the end of my sophomore year of college, I knew that I would become an attorney.

"In ten years, I would like to open my own law firm in Raleigh. I would offer affordable criminal defense and family law services. I would also like to start a nonprofit organization that helps individuals deal with anxiety and depression that may be affecting their quality of life." WBF

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THIRD QUARTER 2022

A MISSION TO HELP. PEOPLE WHO CARE. PROTECTION THAT COUNTS.

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A CONFIDENCE HIT AND THREE TIPS TO RECOVER

BY CAMILLE STELL | PRESIDENT, LAWYERS MUTUAL CONSULTING & SERVICES

Today I felt my confidence ebb.

What are the lessons learned from this?

“We don’t know you. We haven’t seen you present. We don’t trust you yet because you’re an unknown entity to us. We’ll need to see your materials in advance and have time to make adjustments if needed.”

• Know your strengths. I am not good at everything; I don’t pretend to be. But I’m a good speaker. I prepare. I know my material. I know my audience. I Camille Stell is the president work hard to be relatable, a little funny, of Lawyers Mutual Consulting tell stories that are impactful, and I & Services. Continue this always try to leave the audience conversation by contacting wanting a little more. So when this firm who hasn’t heard me speak makes me Camille at camille@ lawyersmutualnc.com or feel less confident because they 800.662.8843. question my abilities, I rely on the knowledge of my strengths. I know I am a good speaker and that has been reinforced by evaluations, attendees speaking with me after programs, and being asked to speak frequently.

Everyone can have an off day, but unless I fall off the dais and can’t get back up, I will do a good job for this firm.

Now, lest you think the law firm found me by a Google search or they hired me after I cold called them, let me give you some background.

Someone on the professional staff had been asked to find a speaker. This person had asked many professional colleagues and was given my name by all of them.

Once the firm reached out, I sent over an expanded bio (seriously, it goes back to the time when dinosaurs wandered the earth) and had an introduction call.

Then I had two more calls with other professional staff and with multiple lawyers. And on the fourth call when they said they were 95% sure they were going to hire me, they hit me with the comments above and then they asked me to drop my price.

• Surround yourself with support. I immediately reached out to a supportive colleague and shared my feelings. I asked them to review my agenda and provide feedback. My colleague confirmed I was on the right track. He thought my content would be a great fit for the firm training. And he reaffirmed my own believe that public speaking is one of my strengths.

Here’s where the confidence dipped, today at 3 p.m. on a Zoom call.

I kept a bright, shiny smile. I told them why my price was my price and was not negotiable. I told them I’d be thrilled to have their input on my materials – though what professional is thrilled for their client to redo their work??

• Keep it positive. While I took a moment to feel all my (bruised) feelings, I moved on to the next pressing item on my ‘to-do’ list. I have other clients and other projects who inspire and motivate me. Getting their feedback on my work will inspire me to tackle this new project with enthusiasm.

I didn’t remind them that I had already invested three hours in being vetted, set aside time for four Zoom calls, that I prepared a proposal and a draft agenda, only to revise it twice because the law firm parties could not agree on the content they wanted.

Everyone experiences a blow to their confidence from time to time. Sitting alone with your feelings may cause you to over-exaggerate the situation or to ruminate.

“I’m no good at my job.” “I’ll never get another project.” “I’m a failure.”

I told them how excited I was about the opportunity and how much I appreciated their trust in me – though they had just reminded me that in fact they did not trust me.

Don’t allow negativity to overcome you. Take the criticism, work on what needs to be corrected if anything, but also believe in yourself enough to know that sometimes, it’s not you, it’s them.

In other words, I faked it. But the call did shake my confidence. What if I was charging too much? What if I didn’t have the right skill level? What if my content was no good? What if I wasn’t an effective presenter? What if I was untrustworthy?

FOLLOW US!

I’ve been in the legal profession since my junior year of college. And that was more than a minute ago. Many of you reading this know me and you would say, “What?? You had a crisis of confidence? I can’t believe it!”

That’s why I’m sharing the story. No matter where you are in your career, you will have those moments when you wonder if you are up to the task. You will wonder if you’ll ever get hired. You will wonder if you will ever be 100% confident. The answer is yes to all. But, sometimes, you will fail the task.

Sometimes, you won’t be right for this particular job. And sometimes your confidence will take a hit.

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IMPORTANT

ANNOUNCEMENT E X P A N D I N G

A C C E S S

eFiling Coming to North Carolina Courts Training dates announced

As part of North Carolina’s eCourts initiative, the NC Administrative Office of the Courts (NCAOC) will be introducing a new eFiling system, known as File & Serve, that will allow attorneys and others, statewide for the first-time ever to submit documents and case filings online.

This new capability will launch later this year in four pilot counties: Harnett, Johnston, Lee, and Wake. Once the new system is live, all attorneys wishing to file cases in the four pilot counties will be required to do so via File & Serve.

File & Serve Training for Attorneys In anticipation of File & Serve, the NCAOC has scheduled training sessions for attorneys statewide. These training sessions will be offered both virtually and in person, by File & Serve experts. On demand video training will also be available soon. For attorneys not in one of the four pilot counties, this training is still important, as File & Serve will be going live in your county over the next few months.

eFILING SYSTEM REQUIREMENTS:

• Recommended Hardware: - Intel® Core™ i3 or AMD A6 processors with at least a 2.0 GHz clock speed

SCAN TO REGISTER FOR VIRTUAL TRAINING

FILE & SERVE TRAINING FOR ATTORNEYS, PARALEGALS, AND LEGAL SUPPORT STAFF: VIRTUAL Tuesday, September 6- 11:00am to 12:00pm Thursday, September 8 - 2:00pm to 3:00pm Tuesday, September 13- 11:00am to 12:00pm Thursday, September 15- 2:00pm to 3:00pm IN-PERSON Harnett County Resource Center & Library 455 McKinney Pkwy Lillington, NC 27546 Tuesday, September 20 – 3:00pm to 4:30pm Wednesday, September 21 – 9:00am to 10:30am Wednesday, September 21 – 1:00pm to 2:30pm Wednesday, September 21 – 3:30pm to 5:00pm Wake County Raleigh Marriott Crabtree Valley 4500 Marriott Dr Raleigh, NC 27612 Thursday, September 22 – 9:00am to 10:30am Thursday, September 22 – 1:00pm to 2:30pm Thursday, September 22 – 3:30pm to 5:00pm

Friday, September 23 – 8:00am to 9:30am Friday, September 23 – 10:30am to 12:00pm

If you need further assistance, please contact eCourts@nccourts.org

- 4 GB of RAM - 1920 x 1080 resolution of both desktop computers and mobile devices • High-speed Internet connection • Document Format: - Adobe® PDF

J U S T I C E

The McKimmon Conference and Training Centre at NC State 1101 Gorman St Raleigh, NC 27606

• Browser Requirements - Chrome™, Mozilla®, Firefox®; Microsoft® Edge®; or Safari® • Operating Systems - Microsoft® Windows®, Linux®, Chrome OS™ Android™, iOS, and OS X®

T O

SCAN TO REGISTER FOR IN-PERSON TRAINING

CLE credit pending

RES IPSA LOQUITUR: WE ALL NEED THERAPY

BY JUDGE ASHLEIGH PARKER DUNSTON | WAKE COUNTY DISTRICT COURT, WCBA & TENTH PRESIDENT-ELECT

ONE OF MY FAVORITE LATIN PHRASES that I remember from law school is “Res Ipsa Loquitur.” If you may recall, this doctrine means “the thing speaks for itself” and was used in tort law to demonstrate that the negligence was so obvious that there wasn’t much left for discussion. I loved this doctrine because, as we all know, most areas of the law are gray so it’s nice when something is black and white. Plus, this was the easiest essay question to answer on an exam.

For more than 42 years, the NC Lawyer’s Assistance Program (LAP) has provided free, confidential assistance to lawyers, judges, and law students dealing with issues of not only substance abuse, but mental health issues and stressors that impair or may impair an attorney’s ability to effectively practice law. According to LAP’s 2020-2021 Annual Report, 70% of lawyers reported psychological concerns compared to 39% in 2018-2019. It speaks for itself that COVID and the last two years have exacerbated our stress levels. Additionally, LAP noted that “depression remains by far the single largest issue lawyers face today with severe anxiety and debilitating stress coming in second and third respectively.” 1 As a judge, it’s my job everyday to listen to cases, identify problems and sort through mayhem. Most of the time, it’s so clear to me what I could do to support the individual, child or family and put them in a better position to be successful so I order it–”within 30 days, obtain a mental health assessment and comply with all recommended treatment.” If you’ve appeared before me, you may have even heard my additional comments about the importance of therapy and how we all need it. When I say all, I mean me, too. I am so grateful for my therapist and have a standing appointment with her. I see these appointments as a part of my monthly self-care routine along with my massages, work out regime, pedicures and dedicated “me time.” I’m constantly bearing the weight of everyone else’s problems, issues and concerns that it’s vital that I have somewhere to release my own problems, issues and concerns. My therapist has provided me tools to release my anxiety and stress and become a better wife, mother, judge and person.

We must remove the stigma behind seeking help for our mental health. Our lives depend on it! In the last two years, we have lost several attorneys both in our bar and across the state to suicide. There’s a mental health crisis not only in our communities, but also within our profession. Why do we not have a problem going to the doctor for our physical health, and yet are ashamed to go to the therapist for our mental health? We also need to remember that therapy is not only helpful when you’re in crisis, but can also assist when you just want to learn how to: manage stress; handle a difficult client; maneuver life changes such as marital concerns, divorce, parenting, etc.; be more productive; tackle anxiety or lack of focus; or any other challenges that you’re facing. Additionally, if you’re suffering from substance abuse or chemical depedency, it’s critical to address the mental health aspect that is at the root of this issue.

Here are a few testimonials of members from our Bar who can attest to the benefits of therapy in their professional and personal lives: • “A few years out of law school, I was scheduled for my first oral argument. My performance anxiety was high. The more I prepared, the more anxious I became. I called BarCARES in a slight panic and was immediately matched with an outstanding provider. She was an angel. It was so helpful to share my concerns and immediately get help. The argument went great and opposing counsel was kind enough to email me after to tell me that I did a great job. Since then, I've used BarCARES for help for issues ranging from parenting, career transitions, loss of a loved one, and, of course, Covid stressors. I'm really thankful for BarCARES for making it easier for me to seek help. Having the initial liaison really jump started me being able to find help.”

• “I cannot stress enough the importance of talk therapy to my well-being and continued successful practice as an attorney. My ability to ‘catastrophize’ is one of the things that makes me a good attorney. It is also one of the things that makes life challenging for me, as this ‘skill’ bleeds into other areas of my life. Regularly seeing a therapist to help me separate my personal and professional lives is one of the primary things in my toolbox that helps me continue to excel in my chosen profession and in life.”

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Need help? Contact BarCARES 1-800-640-0735 or barcares.org • All Tenth Judicial District Bar members receive three free therapy sessions • All Wake County Bar members receive three free therapy sessions as well as sessions for immediate family members

THIRD QUARTER 2022

• "In a fast-paced, productivity-first profession, rarely do we have time to sit with ourselves to really process the impact of our experiences, observations and life. Therapy encourages us to stop and have those conversations with ourselves, so we can really understand how we navigate the world we live in. It allowed me to be more intentional about healthy decision making, prioritizing, and living in a way that allows me to be more fulfilled and successful in all aspects of my life."

• “After a serious bout with depression a few years ago, I started using my BarCARES benefits. I learned that I had lifelong, untreated anxiety that Inow treat through therapy every week. I won’t say that everything is easy now that I go to therapy. I still make mistakes. I say the wrong things. I doubt others. I doubt myself. But I will say that I have many more good days than before I took my mental health seriously. I feel lighter and happier more often. I accept the temporary nature of life. I am able to show myself a little more grace which is the only way to give grace to others. I know there’s a stigma for lawyers getting mental health treatment, but it is better than the shame of self-medicating or a life half lived. I have no shame about what I need to do to take care of myself. Taking it seriously makes me a better lawyer and keeps me on the road to being a more whole person for my family and my clients.”

• “I started therapy during the pandemic because I felt isolated and I could feel my anxiety increasing due to all of the uncertanity. Therapy has given me an outlet to process my thoughts and feelings and ways to cope with our new normal.”

So, I’m “ordering” you like I order the individuals who appear before me: “within 30 days, contact BarCARES, utilize your free three sessions courtesy of your membership in the Tenth Judicial District Bar, and prioritize yourself and your mental health.” Remember that your mental health should never be neglected — that fact speaks for itself. WBF ______________________________________________________________________________________ 1NC LAP Annual Report 2020-2021, https://www.nclap.org/wp-content/uploads/2021/09/2020-2021-Annual-Report.pdf.

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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: JAKE EPSTEIN, EPSTEIN SHERLIN PLLC 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?

situations where people are harmed by those who choose not to follow the rules. I wanted to help those people get justice, and in turn, help our community become better.

I always knew I wanted to be a trial lawyer. At four years old, I would ask questions like, “Who fixes problems caused by someone not following the rules?” and “Who makes sure that people are treated fairly?” The answer, I learned, was lawyers.

6. What has been the most surprising or unexpected development in your career?

2. What was the most important lesson your parents taught you?

There are a lot of them – my parents are amazing. One is, “If you say you are going to do something, do it.” To me, this leads to honesty, credibility, trust, reliability and loyalty.

7. What is your favorite book?

"Philosophical Investigations" by Ludwig Wittgenstein.

8. What is your most marked characteristic?

3. Who was your favorite teacher and why?

Mark Anderson. Mark is an elite trial lawyer, and I was fortunate enough to work with him, and learn from him. He taught me how to practice law and how to think about cases. Immediately after receiving my law license, Mark had me handling all parts of cases, taking depositions, and going to court. As he said, “No one has ever become a great tennis player just by watching Wimbledon. You need go out and do it yourself, and keep doing it, to get better.” Importantly, he also told me, “Do the best you can and do not worry about making mistakes. If you make a mistake, I will fix it.” While I cannot say that I never worried about making mistakes, I will always be grateful for the training, opportunities, and safety net that he gave me.

4. Did you love or hate law school?

Loved it. I was finally learning all the things that I had been interested in and wanted to learn for a very long time. Believe it or not, I also really enjoyed studying for the bar exam. I felt that I was learning information I needed to know to become an effective lawyer and help people.

I like to listen first, know all the options and think through all the possible ramifications of each option before making a decision. I may also overthink things on occasion.

9. What is your hidden talent?

I used to be a decent pool player. It has been a while though – maybe that talent is even more “hidden” now.

10. Who are your real life heroes?

Everyone who dedicates themselves to helping people in need, especially without seeking reward or recognition. In the legal profession, this is exhibited by the attorneys at a number of places, including Legal Aid, Prisoner Legal Services and the ACLU. They are fighting every day to help the people who need it most.

11. When and where were you happiest?

It is hard to imagine a moment of happiness greater than our wedding or the birth of our daughter. In general, I am as happy now as I have ever been with wonderful family and friends, work I love and an awesome law partner, who is also a friend.

5. Why did you become a lawyer?

I always wanted to be a trial lawyer. To me, being a lawyer is about helping people get to a place where the playing field is level, and then fighting for accountability, fairness and justice. There are so many WAKE BAR FLYER

I was surprised to see how many people need legal help.

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REMEMBERING THE PAST, CELEBRATING THE PRESENT & EMBRACING THE FUTURE CELEBRATING 10 YEARS OF DIVERSITY, EQUITY & INCLUSION EFFORTS

BY NIYA FONVILLE SW INT | COMMITTEE FOR DIVERSITY, EQUITY & INCLUSION IMMEDIATE PAST CHAIR

Editor's Note: This article is reprinted from the Third Quarter 2021 Bar Flyer, updated with information for the rescheduled celebration and comments from the current CDEI chair.

JOIN THE COMMITTEE FOR DIVERSITY, EQUITY & INCLUSION (formerly the Leadership Development Committee), as we celebrate 10 years of great work toward pushing the conversations of diversity, equity and inclusion (DEI) within the legal profession forward. To commemorate this milestone, the CDEI invite you to a social on Thursday, October 13 at the WCBA and Tenth offices, 5:30 - 7 p.m. for food, fun and fellowship. There will be a 15-minute short program, but the majority of time will be spent socializing and networking with peers. Our theme, Recognizing the Past, Celebrating the Present and Embracing the Future, will take us on a journey down memory lane as well as focus on walking boldly into the next season of what’s to come in DEI work within the legal profession. Each part of this event, from marketing to final program execution, will center around these three areas.

THE PAST In order for our bars to fully appreciate where we are and appropriately prepare for future DEI work, we must acknowledge where we’ve been and who led the way. To that end, we will revisit the past by honoring CDEI’s leaders: Ted Edwards, the WCBA President who started the conversation, and its six past chairs, Day Matthews, Benn Brewington, Jane Paksoy, Judge Vince Rozier, Yvonne Armendariz and Niya Fonville. As with any endeavor, an organization’s leader sets the tone for the group’s work. CDEI is fortunate to have a well-respected, dedicated attorney who laid the foundation. What better way to recognize the Committee’s past than with a chat with Mr. Ted Edwards himself?

What prompted you to organize LDC and why was it important to you to focus on Leadership Development?

I wanted to create a systematic pathway to increase diversity in bar leadership. I wanted to help the Wake County Bar identify and nurture minority lawyers in areas outside of programs that were specifically targeted towards minority lawyers. I wanted to see more minority lawyers speaking at CLEs within their practice area and leading the various bar committees. My experience had been that these things did not just happen organically, so I felt it was necessary to create a committee with the responsibility for identifying problems which hinder inclusion and opportunities for making positive change within our Bar. The program’s theme is Remembering the Past, Celebrating the Present, and Embracing the Future.

What do you envision for the WCBA specifically, and the legal profession generally, in the space of DEI over the next 10 years?

My hope is that we can continue to accelerate the pace

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of change. Diversity benefits everyone, especially our clients and the community that we serve. I hope that everyone will feel welcomed and respected both in the WCBA and in our profession generally.

but you have to be willing to ask for help and take risks.

Success is rarely a straight line, but it is obtainable if you are persistent, humble enough to accept advice and assistance, and willing to learn from your mistakes.

How do you think contributing to the endowment can help the WCBA reach these goals?

Ted’s insight and vision began CDEI’s journey, and subsequent chairs helped it expand and grow. While we will highlight the chairs in the coming weeks, we would like to acknowledge them in this publication and share some of their thoughts on the committee and its work.

It takes money to make progress. The WCBA endowment allows the WCBA to invest in programs supporting equity and inclusion. Our participation gives us the right to hold the WCBA accountable and encourage the WCBA to continue to invest in furthering these efforts.

What message do you have to attorneys who wish to be allies in the space of equity and inclusion?

Speak up! I think that most attorneys want progress in this area but many are hesitant to confront their friends or colleagues when they see bias occurring. It may seem risky to confront someone when they are not being directly affected by the behavior, but our profession often requires us to take action when we become aware of violations of the Rules of Professional Conduct. I believe that we have a duty to our profession and to each other to take action to rid our profession of discrimination. We don’t have the luxury of looking the other way. We have a responsibility to make things right.

As a veteran attorney, what message can you share with attorneys from minoritized identities as they continue navigating a profession that was created without them in mind?

Committee for Diversity, Equity & Inclusion Leadership ________________________________

Day Matthews | 2012 - 2014 Benn Brewington | 2015 Jane Paksoy | 2016 Judge Vince Rozier | 2017 Yvonne Armendariz | 2018 - 2019 Niya Fonville Swint | 2020 - 2021 Tawanda Foster Artis | 2022

Set your goals and make a plan to get there. There are many people that will help you get where you want to go,

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THE PRESENT

In 2021, a highlight [was] awarding [the] CDEI inaugural Equity Champion recognition. While the final execution happened within my tenure, this is a prime example of leaders paving the way. An annual award was Yvonne’s desire, so I was thrilled when it became reality. It serves as a reminder that delayed is not denied, which is helpful on this journey of DEI work.

- Niya Fonville Swint

The second prong of this celebration involves highlighting the committee’s work, including its recent shift in focus. I asked past chairs to relay a memorable achievement or activity during their tenure. Responses included:

Having the committee’s first inaugural event – a panel discussion on the importance of diversity and inclusion in our profession and our association, followed by a reception. The event took place at the Center of Architecture and Design downtown. Phyllis Picket moderated the panel, which included Yvonne Armendariz, Gabriel Jimenez, Christina McCoy, Benn Brewington and David Baker. We had around 50 members attend. For our first event, it was a hit!

- Day Matthews

THE FUTURE Finally, we will embrace our future through action. CDEI has decided to include a voluntary giving component to this celebration during the October 13 social. We intend to build the Wake County Bar Foundation’s endowment, which currently awards annual scholarships to law students with Wake County ties. Executive Director Whitney von Haam shares: “[a]s the foundation is being reorganized and is trying to grow, the hope is that we will be able to broaden that reach and impact.” With a mission to be “lawyers serving our community by promoting justice,” the Foundation intends to achieve this by: • Providing grants to Wake County-based organizations with projects and services that serve the public, provide access to justice, or promote the rule of law; • Supporting programs that enhance professionalism, well-being and collegiality among Wake County lawyers; or • Awarding scholarships to law students with Wake County ties.

Our committee had an incredible time during our headline social events in 2018 & 2019. In 2018, our social mixer was held at the NC Museum of Art for the screening of Black Panther. We enjoyed music, drinks, and light hors d’oeuvres from Iris Restaurant as well as a Wakanda-inspired fashion show. Our event was so much fun, we were one of the last groups to leave the museum! In 2019, our committee held a Camaraderie + Connections social event in conjunction with the WCBA’s Social Committee. The social began with drinks and light fare at Jose & Sons Bar & Kitchen followed by games and friendly competition at Boxcar Arcade. We had great participation from our Wake County Superior and District Court judges as well as from attorneys from our bar. Many bragging rights were earned that evening at the arcade!

- Yvonne Armendariz

If we want to have long-term impact in the profession’s DEI work, then we must support community partners, educate lawyers on DEI issues, and help remove the financial barrier of entering the profession. CDEI intends endowment contributions from our 10-year celebration be used to advance these goals.

When asked what they envision for the WCBA or the legal profession in the space of DEI over the next 10 years, chairs offered: The next decade will be filled with opportunities to meet the challenges of the past.

The divisions revealed last year have highlighted the unfulfilled promise of our nation.

We have been reminded of the imperfections of our Union. Meanwhile, we have been able to see how our professional service and [CDEI] can serve our legal community. I expect that we will meet this challenge directly.

- Judge Vince Rozier

Where do I begin? In 2020, two accomplishments stand out. First, the name change itself. Using the foundation of credibility past chairs laid, our members felt it was time to unequivocally indicate who we are—a group aiming “to guarantee that our bar creates and maintains an environment of inclusivity, in words and deed, where members’ voices are heard, experiences acknowledged, and contributions valued.” The second was CDEI’s partnership with the Bench Bar Committee for a collaborative community forum and CLE. Legal Niya Fonville Swint professionals who engage with Wake County courts were invited to identify blind spots in interactions between the courts and its personnel and historically under-supported communities.

At our local WCBA level, I see us being at a place where we’ve successfully fought off DEI fatigue (you know, that place where so much attention is paid to issues of diversity that at some point folks become disengaged) and are continuing our efforts to acknowledge and yes, celebrate our DEI wins, just as we are doing with this upcoming celebration. Having successfully fought off this fatigue, I envision us being an organization that continues to show its intentionality by reaffirming, year after year, a strategic plan that places DEI at the top of its priority list. - Day Matthews Finally, when asked how building the endowment can help ensure what we envision is realized, thoughts included:

More importantly, 60+ practitioners came together for a facilitated discussion to propose solutions to the blind spots. This resulted in a 4-page report and recommendation being submitted to Senior Superior Court Judge Paul Ridgeway.

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As a member of the Endowment Committee, I see the real impact our

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REMEMBERING THE PAST, CELEBRATING THE PRESENT & EMBRACING THE FUTURE scholarships have on promising law students who will soon become practicing attorneys. The need demonstrated by applicants is staggering. Building the endowment will allow us to grant more aid to more applicants and further the WCBA’s impact.

- Jane Paksoy The WCBA can meet the challenges of the future by learning from its past while also reevaluating its present culture. In doing this, [the] WCBA has proactively taken steps to promote the advancement of our profession by establishing an endowment. The endowment further supports our ongoing efforts. It allows space and backing to promote those entering the profession who will represent the future of our profession with the mindset of addressing the past.

- Judge Vince Rozier It is important to invest in the long-term success and sustainability of diversity, equity and inclusion principles within our bar. Diversity increases not just operational and organizational performance, but it also fosters more group innovation, creativity, and satisfaction. Having an endowment dedicated to DEI goals will ensure the sustained support of these principles for our members.

- Yvonne Armendariz Tawanda Foster Artis, the current chair of the CDEI, is excited about the future of CDEI and building on the contributions of the past leaders and chairs who saw the need and answered the call to move this organization forward in its efforts around inclusivity.

Tawanda’s progressive vision for advancing diversity, equity, inclusion, and belonging in the legal community is rooted in building consensus and finding common ground that also acknowledges the need for everyone to Tawanda Foster Artis engage in this work.

Minority attorneys cannot and should not bear the weight of advancing these issues alone. As we continue to move forward we are looking to our allies to help shoulder this load. It will take a combined effort of all attorneys across all levels of the profession to continue to elevate equity and lead inclusively. Then, as a collective force we can work to dismantle the barriers that persist and guard against systemic injustices in our communities." - Tawanda Foster Artis During her tenure, Tawanda is looking forward to the upcoming CDEI-sponsored breakfast CLE on microaggressions (September 21), revamping the Equity Champion award process, and reengaging practicing attorneys in the Connections mentorship program to ensure the continued development of talented law students and impact the leadership pipelines for minority attorneys.

As racial and political divides have widened in recent years, it is more salient than ever that we all have a role to play in advancing diversity, equity, inclusion, and belonging in the legal profession. CDEI is prepared and positioned to lead the way. We hope all of our colleagues and allies will join us. As we gear up for this momentous 10th Anniversary Celebration, I implore you to get excited with us. Save the date, bring a friend and commit to promoting and advancing DEI work. WBF

Camaraderie & Connections 2019

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The Wake County Bar Association & Tenth Judicial District Bar Committee for Diversity, Equity & Inclusion presents

Remembering the Past, Celebrating the Present & Embracing the Future AN EVENT HONORING 10 YEARS OF DIVERSITY, EQUITY AND INCLUSION EFFORTS

Join us for an evening of celebration as we honor past chairs, highlight the growth and work of the committee and cast vision for our future alongside the WCBA Foundation.

THURSDAY, OCTOBER 13 WCBA/TENTH OFFICE 712 W. NORTH ST., RALEIGH 5:30 - 7 P.M. Register online at www.wakecountybar.org

("WISE WOMEN," CONTINUED FROM FRONT PAGE )

Carlyn Poole WCBA & Tenth, 1991

Sally Scherer Tenth,1996

Bonnie Weyher WCBA,1997

Judge Jane Gray WCBA & Tenth, 2001

Hannah cites the investment of time in these projects as challenging for her at the time as a small firm lawyer, but the reward greatly exceeded the work.

"Our members work for our organizations and for our community,” she recalls. Hannah was also mindful of her example as leader, citing an incident that was a teachable moment for her about the duty of professionalism: “I watched a lawyer who had been in very lofty leadership positions treat the waitstaff at a dinner very poorly. The food was less than stellar, but rarely does the waitstaff select or prepare the food. I could not help but think about what impression he left on them in terms of how lawyers behave.”

For Christie Roeder, WCBA & Tenth President 2011, her tenure began in the aftermath of the recession of 2008: “Many practices were suffering. Previous ‘rainmakers’ in firms were suddenly struggling to bring in new business, and new attorneys faced a dismal job market. We tried to plan programs, discussions and assistance in different forms for our members, but it was their resilience and determination to get through the crisis that left me with an even stronger impression of our great members. It also reminded me of how important we are to one another.” Our ongoing WCBA breakfast discussions began during her tenure, and she remembers meeting at the Mecca Restaurant in downtown Raleigh for the first time. The discussion centered on the dissolution of a private practice and the difficulties of being in practices where a partner died unexpectantly. This topic was new not just to Christie but to the entire bar at the time: “It was eye-opening and interesting to me, and like many discussions we have had since, I felt it was one that I wished everyone in private practice had heard.” She also recalls that the WCBA executive director at the time, Alice Roman, resigned the year before her tenure. “Whitney quickly made the beginnings of her mark, and it did not take long to realize we had a new gem,” she recalls fondly.

For Ashley Campbell, WCBA & Tenth President 2017, the warm, positive, inclusive culture of the WCBA is one of its most marked characteristics: “I wanted every member to feel welcome and included in the organization. I also wanted to be intentional about promoting diversity in our committee and board leadership.” Campbell’s favorite experiences during her tenure involved areas of inclusivity and diversity: “To promote inclusivity, I asked board members to write handwritten welcome letters to each new member and had special name tags for new members at the bar luncheons so that we could welcome them.

To promote diversity, I asked our Leadership Development Committee (now, the Committee for Diversity, Equity and Inclusion) to help us identify new talent, which led to us recruiting and promoting more leaders of color in the organization. I also led a change in our nominating structure which encouraged members to apply for leadership positions they are interested in, thereby broadening the pool of members considered for leadership in the nominating process.” As a personal side note and as current president of the WCBA, I attribute my involvement in the leadership of the Bar to the intentional and thoughtful example of Campbell, who I continually seek out for guidance and inspiration.

Terri Gardner WCBA & Tenth, 2004

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Catharine Arrowood WCBA & Tenth, 2007

Nan Hannah WCBA & Tenth, 2010

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Christie Roeder WCBA & Tenth, 2011

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Circling back to the earlier years of female leadership in our Bar, Carlyn Poole, WCBA & Tenth President 1991, cites three accomplishments that she remembers with pride: “We started a public service committee chaired by Jim Fuller that, in its first year, raised money to build a Habitat for Humanity house.

The second was beginning a professionalism committee (Maria Lynch was the first chair) that started the Joseph Branch Professionalism Award. My year as president of WCBA also included being president of the Tenth Judicial District Bar which had grown sufficiently to be eligible to send a delegate to the ABA national meeting. I think we had to have 2500 lawyers in Wake County to meet this threshold.” Poole’s best memories, however, are of all the lawyers who pitched in on various projects and graciously contributed their time. “People almost never said ‘no’,” she fondly recalls.

Sally Scherer, Tenth Judicial Bar President 1996, admits difficulty in recalling events 26 years in the past: “What I can say is that it was truly wonderful having two presidents because the Tenth Judicial and Wake County bars are very different, and working with Keith Kapp as WCBA President was a joy. I felt extremely fortunate to be president and have many great attorneys around me. The Tenth was a very special group!”

For Bonnie Weyher, the third female president of the WCBA in 1997, her tenure was filled with wonderful memories: “The first was working with David Long.

When we ran against each other, he won the Tenth and I won the WCBA - apparently by a only couple of votes each way. Working with David throughout that year was amazing. I learned a lot from him, and we formed a lasting friendship that continues today. A second great memory was presenting the Professionalism Award to my former partner Charlie Young. Charlie was an amazing man. I was the first woman attorney at Young Moore, and I had a great experience there. Many women have horror stories about being the first, but I have only the best of memories. Third would be having a dinner and roast of Jim Blount. He graciously agreed to do it in support of the WCBA scholarship fund. It was a wonderful evening. I recall that Jim’s 97-year-old mother was in attendance, and he was begging the speakers/roasters not to be too off-color or offensive.” (As a personal note, Bonnie’s memory of a dinner/roast of a prominent, local and willing attorney for a fundraiser will be a future suggestion on my part for a scholarship fundraiser—thank you in advance, Bonnie!)

Ashley Campbell WCBA & Tenth, 2017

Nancy Grace Tenth, 2019

Maria Lynch Tenth, 2018

Carmen Bannon WCBA, 2020

Judge Jane Gray, WCBA and Tenth President 2001, also confesses that after 22 years, memories fade: “As for those three which are fondest, I think of Alice Roman (and the rest of her staff!) who made my service to the WCBA possible. They didn’t panic over the Y2K silliness in which some predicted the end of the world! I so appreciated my predecessor, William Plyler, and successor, Judge Paul Ridgeway, for their advice, support and patience. Lastly, I fondly recall that as a privilege of being president, I was eligible to attend bar leadership training. I got to go to San Diego along with NC State Bar leaders including good friend, Ann Reed Dunn.” Judge Gray also recollects, “I’m proud of being the first public practice attorney who served as WCBA president and among the first group of women to hold the office.

Without doubt, we have the best local bar association in the country!”

For Terri Gardner, WCBA and Tenth President 2004, her favorite memories include meeting and working with various members of the WCBA on projects: “I got to know so many attorneys, judges and other individuals active in our Bar. Executive Director Alice Roman was a highlight. She and her team did a wonderful job of guiding me through my duties as president, and there were many of them! I enjoyed our monthly luncheons and social activities. We always had excellent speaker and our bar enjoyed getting together and seeing one another.” As an additional side note, it appears that our bar’s history of having excellent speakers and enjoying getting together and seeing one another has not diminished at all!

Continuing the Bar’s tradition of excellent female leadership, I also heard from our more recent Tenth Judicial Bar Presidents: Mary Lynch 2018 and Nancy Grace 2019. Maria is currently spearheading fundraising efforts for the WCBA Foundation Steering Committee and is an integral and crucial leader in helping to create a vision and plan for our foundation’s philanthropic projects. Nancy Grace continues to be actively involved in the WCBA’s Professionalism, Technology and Nominations Committees. Nancy cites as the three most important qualities before promoting someone to a key role within the bar as (1) reliability, (2) follow through and (3) involvement with the WCBA: “With respect to reliability, I want to know if I can count on this person to attend meetings and make the necessary tasks of the position a priority. What I mean about ‘follow through’ is whether this person will complete the tasks that he/she has been assigned by the deadline without multiple reminders or micromanaging.

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And lastly, regarding involvement with the WCBA, for key roles and especially for leadership roles, I think that the best predictor of future success in a key role is whether someone has been actively involved in the organization in the past. I believe that a person who has all three of these qualities is likely to do well in a key role in the bar.”

Last, but certainly not least, is Carmen Bannon, WCBA President 2020, who had the unenviable role as president during the beginning of the pandemic.

Carmen was resourceful and effective in transitioning our luncheons to the Zoom platform which continue to be popular and highly attended by our members.

Her quick wit and humor are always on display at the irreverent, cheeky and highly anticipated WCBA Bar Awards fundraisers.

It has been a privilege as president of the WCBA to be able to interview and learn from all my previous female predecessors. I am proud of their trailblazing examples and am humbled to not just refer to them as professional benchmarks for young attorneys, but to refer to them now as friends. WBF

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November 3 | 7 p.m.

Mordecai Historic Park Sponsorships and tickets available now! www.wakecountybar.org/BarAwards