Bar Flyer - First Quarter 2018

THE NEW NORMAL How a Family of Lawyers is Navigating the Road to Recovery ...............................................................6 ___________________________________ _

VOL. XLIV • ISSUE 1 | FIRST QUARTER 2018

BAR FLYER MY FAMILY OF LAWYERS

BY JUDGE NED MANGUM, PRESIDENT / WAKE COUNTY BAR ASSOCIATION

I DIDN’T COME FROM A FAMILY OF LAWYERS. My dad was a World War II veteran and was in the insurance business.

My mom was a high school teacher before she had me. My brothers and sisters have been successful in medicine, banking, and entrepreneurship. They have all done great things. But none of them are lawyers.

I must admit that sometimes I felt a bit jealous of my Carolina Law School classmates whose parents were lawyers.

2018 WCBA President Ned Mangum Even though I knew from an early age that I wanted to go to law school, those classmates always seemed to have a much better understanding of the legal profession than I did.

I was fortunate, however, to have close friends from Broughton High School whose parents were lawyers. Attorneys like Allan Head, David Long, Ed Gaskins, and Albert Bell were always there to guide me. And each of them is an important part of the Wake County Bar Association.

As a baby lawyer, I was lucky that David would invite me to the Professionalism Committee meetings. And while I’m not sure I said anything for two years, those meetings and the attorneys who attended them showed me that regardless of the area of practice, our bar cares deeply about the profession and the people in it. As I became more and more involved in the profession, I began to realize that I do have a family of lawyers. It’s the Wake County Bar Association.

We are often with our professional family more hours of the day than our spouses, kids, and friends. We are with each other during good times and bad. Many of us are lucky to build friendships that will last our entire lives.

UPCOMING EVENTS FEB. 1 | “E-DISCOVERY” | The YLD is hosting this free one-hour CLE on February 1 at 4 p.m. at the Wake County Courthouse, Room 1113. Social at Whiskey Kitchen to follow.

FEB. 2 | CHARLES BRANDON H UNT AWARD Nominations due; please go to wakecountybar.org for more information.

MARCH 21 | MARCH BREAKFAST | “Magistrate’s Office 101” 7:30 - 8:30 a.m. at Campbell Law.

SAVE THE DATE FIRST QUARTER LUNCHEONS January 9 | February 6 | March 6 CLE BREAKFAST DISCUSSION SERIES January 17 | Feburary 21 | March 21

INSIDE THIS ISSUE 3 LEGAL AID OF NC THANKS THE WAKE COUNTY BAR ASSOCIATION 5 LAWYERS HELPING LAWYERS 8 DIRECT EXAMINATION: GARY PRESNELL 9 FOOD FOR THOUGHT — PUBLIC DISPLAYS OF CIVILITY 10 PRACTICING LAW WITH MY FATHER 10 PRACTICING LAW WITH MY SON 11 PERSPECTIVES OF CHILDREN 14 READ THE CREED: PROFESSIONALISM IS WORTH THE TIME 16 YLD NEWS 18 WELCOME NEW MEMBERS

This edition of the Bar Flyer is dedicated to the idea of the family of lawyers. I would encourage you to get to know other members of our family that you all have welcomed me into. WBF

Visit our website: www.wakecountybar.org 919.677.9903 phone • 919.657.1564 fax

WAKE BAR FLYER

VOL. XLIV No. 1 | FIRST QUARTER 2018 Presidents JUDGE NED MANGUM, WCBA MARIA LYNCH, TENTH JUDICIAL DISTRICT Presidents-elect DAVID L. SHERLIN, WCBA NANCY L. GRACE, TENTH JUDICIAL DISTRICT Secretary MEGHAN N. KNIGHT Treasurer ADAM M. GOTTSEGEN Immediate Past President ASHLEY H. CAMPBELL Board of Directors LISA M. ANGEL DANIEL T. BARKER JULIE L. BELL WILLIAM B. BYSTRYNSKI ANNA BAIRD CHOI MARGARET P. CURRIN STEPHANIE D’ATRI JUDGE ASHLEIGH P. DUNSTON REBECCA A. EDWARDS JUDGE KEITH O. GREGORY JUDGE JEFFERSON G. GRIFFIN JAMES M. HASH AIDA DOSS HAVEL DEAN J. RICH LEONARD CHRISTINA MEDLIN MCCOY JOHN E. MCKNIGHT JEFFREY R. MONROE ATIYA M. MOSLEY EDD K. ROBERTS III MEGAN W. SHERRON JOHN R. SZYMANKIEWICZ JOHN “BO” WALKER Young Lawyers Division President LAUREN A. GOLDEN Young Lawyers Division President-elect LEAH M. HERMILLER ABA Delegate JOHN I. MABE Executive Director WHITNEY von HAAM Wake Bar Flyer Editor ALEXANDRA DAVIS Communications SARAH L. JUSTICE Tenth Judicial District Bar Councilors HEIDI C. BLOOM WALTER E. BROCK NICHOLAS J. (NICK) DOMBALIS THEODORE C. EDWARDS II KATHERINE FRYE DONNA R. RASCOE WARREN SAVAGE JUDGE ROBERT B. RADER © 2018 Wake County Bar Association & Tenth Judicial District Bar.

COME GET YOUR FREE CLE! February 15 – “Trust Accounting Rules!”

3-4 p.m. at the Wake County Courthouse, Room 1113 | 1.0 hour of Ethics CLE, will satisfy the mandatory trust accounting hour you need by 2/28/18 February 21 – February Breakfast: “Post-Judgment Collections in NC” 7:30 - 8:30 a.m. at Campbell Law | 1.0 hour of General CLE credit February 22 – “Substance Use, Abuse and Disorders” 3 – 4:30 p.m. at Healing Transitions, Women’s Campus | 1.5 hours of Substance Abuse credit

FOLLOW, CONNECT AND LIKE: WCBA SOCIAL MEDIA

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WAKE COUNTY BAR

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BAR AWARDS RAISES RECORD BREAKING $106,746 LEGAL AID OF NC THANKS THE WAKE COUNTY BAR ASSOCIATION

BY SEAN DRISCOLL | DIRECTOR OF PUBLIC RELATIONS, LEGAL AID OF NORTH CAROLINA

THE WAKE COUNTY BAR ASSOCIATION PRESENTED an eyepopping $106,746 gift to Legal Aid of North Carolina during the Tenth Judicial District’s Annual Meeting held December 5, 2017. Proceeds were raised during the 10th annual Wake Bar Awards fundraiser and variety show November 2 through sponsorships, silent auction, private contributions and the remaining funds from Judge Stephens’ retirement fête. This year’s haul is not only the largest in the event’s history – it broke last year’s record by more than $17,000 – it’s the largest amount brought in by any fundraiser for Legal Aid in recent memory.

“Wow,” said Victor Boone, managing attorney of Legal Aid’s Raleigh office. “We have never been more grateful for the support of the Wake County Bar Association.

Its members are uniquely committed to supporting our mission and are incredibly generous with their time and resources. I especially want to thank then-Bar President Ashley Campbell and Executive Director Whitney von Haam for making this event such a success. And thanks to everyone who donated and came out to show your support. We can’t do it without you!”

“The lawyers of the Wake County Bar Association and the Tenth Judicial District bar are committed to the idea that all people, regardless of income, are entitled to access to justice in our courts,” said Ashley Campbell, 2017 President of the Wake County Bar Association and Tenth Judicial District Bar. “We are proud to make this gift to Legal Aid of North Carolina to honor this commitment and to support our community.”

The Wake Bar Awards are unique, not only for the support they inspire for Legal Aid, but for the raucous entertainment they provide. This is no staid

WAKE BAR FLYER • FIRST QUARTER 2018

cocktail hour or “rubber chicken” dinner. Rather, it’s a no-holds-barred variety show where lawyers let their hair down to rock out, act out, let loose and laugh out loud. This year’s superhero-themed event, “Rogue Justice,” featured musical numbers, presentation of the Golden Limine awards, a silent auction and plenty of legal luminaries decked out in wild costumes.

“At times like these, we need big laughs as much as we need big checks,” said George Hausen, executive director of Legal Aid. “With potential federal funding cuts on the horizon, support from the private bar – and the chance to have fun with our colleagues – are as important as ever. On behalf of everyone at Legal Aid, I want to thank the Wake County Bar Association and all its members for supporting equal justice and for having fun while they do it. Cheers!"

In Washington, funding for the Legal Services Corporation, the largest funder of civil legal and programs in the country, remains in a precarious position. The White House sought to eliminate LSC in its budget proposal for fiscal year 2018, a move that would have resulted in the loss of about half of our funding. The outlook was better in Congress, though House appropriators also proposed cuts, which would mean millions of dollars lost.

That’s why, at times like these, it’s great to have friends like the Wake County Bar Association. If you want to help give equal access to justice to North Carolinians in need, visit LegalAidNC.org to learn about the different ways you can support Legal Aid. WBF

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IN 2017, Lawyers Mutual celebrated 40 years of providing insurance coverage to North Carolina lawyers. Just as Wake County lawyers have formed familial bonds with one another, our insureds have formed those same bonds with us.

I often meet lawyers who are proud to tell me their personal story of how they helped to form Lawyers Mutual. In 1977, a call went out from the NC Bar Association asking the lawyers in our state to contribute $1 million dollars to create the first lawyer owned insurance company in the country. Nearly everyone answered the call. Whether they wrote a check they could hardly afford, or they put their initial payment on a credit card, 1,623 lawyers collected $947,780.

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The loyalty, or family connection, these initial investors have towards our Company is both gratifying and humbling.

Today, Lawyers Mutual insures 8,000 North Carolina lawyers. Lawyers are connected to us because they are our insureds, they serve on our defense panel, they serve on our Board of Directors and our Community Boards, they speak at our CLE programs and write articles for our newsletter. North Carolina lawyers are our family.

The people who work at Lawyers Mutual are our family as well. We have employees who have worked with us for more than 30 years. Our people are passionate about our insureds, they take care of them as though they are family.

We are lucky to partner with many fine associations across the state, but of course we feel especially close to the Wake County Bar Association. All thirteen lawyers who work for Lawyers Mutual and Lawyers Insurance Agency are members of the WCBA and many serve in leadership positions or in other areas of service.

Families share common ancestry. Those same lawyers who 40 years ago formed Lawyers Mutual also played a large role in the success of the WCBA. Our leaders have been your leaders. Our volunteers have been your volunteers.

The practice of law is not for the faint of heart. A supportive family can make all the difference in overcoming obstacles, finding solutions, and achieving success.

Lawyers Mutual, along with the Wake County Bar Association, have made it their mission to serve as your family. We are “lawyers helping lawyers” and we value our partnership. WBF

2017 PRESIDENT’S AWARD RECIPIENTS The WCBA is pleased to recognize the 2017 President’s Award recipients: David Sherlin – Grievance Committee Chair Public Service Committee Daniel Bowes – NC Justice Center

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WAKE BAR FLYER • FIRST QUARTER 2018

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THE NEW NORMAL: HOW A FAMILY OF LAWYERS IS NAVIGATING THE ROAD TO RECOVERY

BY ALEXANDRA DAVIS & SARAH JUSTICE

EVERYONE HAS A VISION of how they expect their lives to unfold: the places they’ll go, the people they’ll meet, the dream house full of friends and family gatherings. When Biz Harrison and Joey Propst met at a Wake County Bar Association YLD event 17 years ago, their shared passion for community and the law drew them to each other, and their idyllic vision of raising two children, running thriving law practices, and serving the WCBA began. Although they think they first crossed paths while attending UNC Chapel Hill, Harrison, a second-generation real estate lawyer, laughingly notes that the then long-haired, Birkenstock-wearing Propst was “not my type.” She and Propst, a bankruptcy and construction lawyer with Jordan Price, have now been married 15 years and are navigating the greatest unexpected challenge of their lives.

The “Take-Down”

January 6, 2016 started as Recognize the symptoms of a a typical day. A lingering cold stroke by remembering FAST: had hit the family, but Propst had a headache severe enough to stay home from acial Drooping work - an unusual choice for most attorneys. After a brief rm Weakness appointment, the family doctor peech Difficulties determined Propst had just been hit hard by the cold and ime to Call Emergency prescribed Motrin and rest.

The couple continued their day as planned, putting away Christmas decorations and celebrating their daughter Rogers’ eleventh birthday. All seemed well until 4 a.m., when Harrison was awakened by her husband having what she initially thought was a severe coughing fit.

Instinct kicked in and she attempted to calm him by asking a series of questions. When he responded by repeating the same singular phrase again and again, she grew concerned. Harrison called a family friend, a physician, who warned “either he’s having a stroke, or he’s septic,” and advised her to call 911.

F A S T

Propst was rushed to Rex Hospital where a double MRI determined that both of his carotid arteries were blocked and had shot blood to his brain. Given the emergent situation, he was transferred from Rex to Duke Hospital for closer monitoring. It was there that he had a massive second stroke, which Harrison refers to as the “take-down” stroke. This second stroke destroyed half of the left hemisphere of Propst’s brain – his entire speech center – and paralyzed the right side of his body. Propst was only 46-yearsold at the time. “It was really scary,” Harrison recalls. In a matter of hours, the couples’ lives had completely changed.

Propst spent a week and a half in the neurological ICU before being transferred to acute rehab at Wake Med for physical, occupational, and speech therapy. Harrison was surprised at how quickly he was discharged, because she was not even sure whether he could even walk. “2016 was really scary,” she says, “because from the time he got home from the hospital . . . we had to slowly learn what he could do for himself again.”

“Right out of the gate, lawyers helped us.”

Stroke patients are typically affected by two conditions – apraxia, a motor disorder, and aphasia, a speech disorder marked by a disconnect between comprehension and speech.

Helping Propst navigate these conditions has been a task for Harrison as she juggles the roles of caregiver, parent and head of their active household.

Through physical and occupational therapy, Propst slowly regained his ability to walk, but regaining his speech has been another story. Harrison compares the task to learning a foreign language: because the stroke damaged the speech center in his brain, he had to learn language from scratch, as though he had never before possessed that skill. In the first few months post-stroke, Propst had to re-learn the alphabet, a task the couple’s children took up by playing various word games with him. The frustration can be evident when Propst attempts communication – often he will spell out words with his fingers and gets animated as he tries to get the right word out. Harrison points out that “his brain has to learn how to compensate.” Propst attends group meetings at The Triangle Aphasia Project, an organization that provides group reading and writing activities to help victims of strokes and traumatic brain injuries. Its mission is founded on the concept of neuroplasticity – the belief that the human brain is capable of continued healing and developing after traumas.

Both Harrison and Propst cite the support of their friends in the Wake County Bar as critical in helping them navigate the initial days post-stroke and beyond.

“Right out of the gate,” Harrison says, “lawyers helped us.” Most of the

CONTINUED, NEXT PAGE WAKE BAR FLYER • FIRST QUARTER 2018

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THE NEW NORMAL, CONTINUED couple’s closest friends were their fellow YLD members, who immediately set up a chain of command to tackle everything from childcare, to meal preparation, to sending updates to the couple’s respective offices and generally helping manage their lives while Propst was hospitalized. Lisa Angel, a close friend from their YLD days, worked with other members to execute “teams” – Team Biz, Team Joey, Team Rogers, and Team Harry – and recruited lawyers to pitch in to help with each one’s needs. “It was amazing,” Harrison says.

“We still have lots of people helping us. Really, the Wake County Bar is like our family. As big as our bar is, it’s funny that you can say that.”

With the combined help of his family, speech therapy, and support groups, Propst has made significant strides toward recovery. His neurologist at Duke is excited that he is starting to show signs of healing on his own. His arteries have re-canalized and his speech is slowly returning. “He’s come a long way,” Harrison says.

Despite the extremely positive progress, Propst’s recovery has been marked by setbacks. This past summer, he broke his neck after suffering a seizure and falling out of bed. Miraculously, he emerged relatively unscathed from this incident. “He’s really, really lucky,” Harrison says. “I think he has nine lives.” Although the incident set him back a few steps in his physical recovery, incredibly, Propst’s speech improved dramatically after the incident – stunning his medical providers.

Propst’s recovery will be an ongoing process, and both Harrison and his providers are constantly pushing him to find new ways to challenge himself, encouraging his brain to find ways to develop and heal. Harrison has begun working with a WCBA program called “Raise the Bar” to attempt to place Propst in an office setting that can offer him some ministerial tasks. “It would very much be a labor of love,” says Harrison, as Propst is still limited in what he can do. Still, Harrison points to this endeavor as one that will undoubtedly bring Propst joy and a sense of fulfillment. “Joey loves practicing law more than anybody I know,” Harrison shares. “From the moment he had the stroke to the moment he could speak again, all he could say was ‘law’.”

of lawyers, a group he loves and refuses to give up on. Members of the Bar are encouraged to meet Propst for lunch or a beer, and to speak with him about the law, perhaps even running through bar-exam style questions to test his knowledge.

The New Normal

The stroke has redefined what is normal for Propst and Harrison, and accepting this has been admittedly difficult. “I have to come to accept the new normal. And the new normal is not something you want to accept,” Harrison confesses. The couple works together to manage the adjustments within their family as best they can. Propst occasionally attempts to prepare dinner while Harrison handles school pickups and soccer carpool. “He has been trying,” she says, “and it works sometimes.” Propst laughs, “I like that. Biz doesn’t!”

While Propst continues to work with Raise the Bar to find part-time office work, Harrison has closed her law practice after being a sole practitioner for 20 years and now works with Fidelity National Title. “Everything in my life at this point has changed and I am still trying to get to the point that I am accepting that,” she says. She notes that the process has truly been one of grieving. “We’re in a marathon. There is no ‘through’.”

Yet their story is also one of support and strength. If there is one word that sums up Propst’s healing process, it is tenacity. Harrison says proudly “He’s been determined, and amazing. A lot of people would just stay at home, and he is out, he goes to things, and tries to see people. I think he gets his strength from other people.”

In spite of the many challenges the family has weathered in the past two years, they remain hopeful and grateful – hopeful that Propst will continue to heal and find new ways to challenge himself, and grateful for the incredible support they have had from their community and most importantly, each other.

“We are all still together. I questioned for a long time why God would let it happen. I think it’s to be here to be a dad for our kids.”

When asked what he is thankful for, Propst tears up, and without a trace of hesitation says one word: “Biz.” WBF

If you are interested in helping Joey with work and socializing, please contact Biz Harrison at Elizabeth.Harrison@fnf.com.

Propst remains of counsel at Jordan Price and has kept his license active by attending the Wake County Bar Association CLEs. While his goal is to one day practice again, Propst is taking small steps by immersing himself in legal education. “We’ve been really appreciative of the Wake County Bar and the free CLE program is fantastic. By going to all the Wake County CLEs, he’s already done with 2017 and into his hours for 2018,” says Harrison. “It’s an awesome thing that the membership provides.” Her hope is for other WCBA members to greet Propst when they see him, because she thinks this will contribute to his recovery process. “We would love for people at the end of the CLE to come up to him and question him on what he learned.”

The couple hopes to continue challenging Propst intellectually in 2018. What Harrison wants most for her husband is continued engagement with his family

WAKE BAR FLYER • FIRST QUARTER 2018

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DIRECT EXAMINATION: GARY PRESNELL 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.

Below is our direct examination of WCBA member and defense lawyer Gary Presnell.

1. When you were in elementary school, what did you want to be when you grew up?

I think I always wanted to be a lawyer.

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

I had a volatile childhood, including domestic violence. I learned to act differently than my parents, to remain calm in a dispute and not escalate an argument.

3. Who was your favorite teacher and why?

Elizabeth Westall. I was a poor mountain hillbilly and she opened my eyes to the outside world with all of its diversity.

4. Did you love or hate law school?

I loved law school. It was a second chance for me and I took it seriously.

5. What was your most embarrassing courtroom experience?

This is a tough one because my appearances in the Wake County Court system are in the tens of thousands. But, as a young lawyer, I appealed a District Court domestic case to the Court of Appeals. Since the appeal was based entirely on the Court’s ruling on written motions, I did not include a transcript. This appeal was summarily dismissed, but I did go on to perfect several others.

9. What is your favorite book? ”One Flew Over the Cuckoo’s Nest” by Ken Kesey. A great read on its own and is full of symbolism as to society as a whole.

10. What is your most marked characteristic?

I try not to take anything too seriously and this sometimes gets me into trouble.

11. What is your hidden talent?

I am pretty good at cross-examination.

6. What was your best courtroom experience?

It is always satisfying to obtain a “not guilty” jury verdict when you really believe that your client is innocent.

7. Why did you become a lawyer?

Redemption. As a youth, I was less than a stellar citizen and becoming an attorney gave me an opportunity to atone – and in a profession I love.

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

The explosion in the number of new lawyers has been a bit of a surprise.

WAKE BAR FLYER • FIRST QUARTER 2018

12. Who is your personal hero?

Barack Obama. Sometimes a bit too professional, he was always great at keeping his cool and planning things out logically. I think he has a lot of character.

13. When and where were you happiest?

I am very content right now. I love my family, my home, where I live, and what I do. The secret to happiness is enjoying and appreciating the things you have and not constantly lusting for more. WBF

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FOOD FOR THOUGHT — PUBLIC DISPLAYS OF CIVILITY

BY JUDGE PAUL C. RIDGEWAY, CHIEF SUPERIOR COURT JUDGE | WAKE COUNTY

IT ALWAYS BRINGS A SMILE to walk up the rickety stairs in the Mecca and there, at the corner table, sit the seven justices of the N.C. Supreme Court enjoying a good lunch. It has been that way as long as I can remember – I can still envision, from my early days, Chief Justice Joseph Branch strolling with his colleagues on the way to that same corner table. This tradition came to mind recently when I happened upon an article describing a symposium titled “Legal Eats,” curated by the Smithsonian Institute.

It seems that the U.S. Supreme Court also has a rich tradition of dining together. When the court first convened in 1790, the justices dined together at a Lower Manhattan tavern and, in the early 1800s, they not only dined together but boarded together. Justice Ginsburg reported that the close friendship between her and the late Justice Scalia was fueled by “fish, fowl and even ‘Bambi’” provided and prepared by Justice Scalia from his hunting trips. The takeaway from the symposium was that traditions like this – the simple act of dining together – have fostered and maintained a rather remarkable spirit of collegiality and civility throughout the court’s history.

But really, do the dining habits of Supreme Court justices merit any mention?

Are the ends of justice enhanced in the minds of the passers-by who encounter our court members walking together down Fayetteville Street, or in the minds of television viewers who witnessed the obvious fondness between Justice Scalia and Justice Ginsburg despite their polar-opposite world views?

I think so, and I submit that it is notable because one of the most important tasks, and perhaps the greatest challenge of the bar, is to constantly strive for

a culture of civility in the legal profession. It has become clichéd to bemoan the decline of civility in recent years. Political discourse, holiday shopping and I-440 at rush hour come to mind. On occasion, from my vantage point on the bench, the decline of civility is evident in the courtroom. We are all busier, life is more complicated and our work is stressful. Some clients believe that sharp tactics will lead to more successful outcomes, or that compromise and candor are signs of weakness.

However, standards of civility are not mere niceties. These standards exist to promote the search for the truth, to encourage dialogue and to enable compromise and efficient resolution of disputes. Civility among lawyers and judges fosters public confidence that outcomes are the result of a thoughtful, well-reasoned and deliberative process where all points of view are heard and respected. When we ignore civility, we abandon critical tools of our profession that are essential to fairness and justice, and we erode the public’s respect for the rule of law.

It is easy for a judge to preach and admonish the decline of civility. After all, judges have contempt power. However, this essay is directed inwardly as much as it is outwardly. Our Code of Judicial Conduct mandates that a judge should require civil conduct of those who appear before her, and that “a judge must be patient, dignified and courteous” to all. It is the bench’s duty to model civil behavior, not just chastise its absence.

So, is it noteworthy that our justices frequently walk en banc to the Mecca and enjoy a meal together? Indeed it is. To us observers, it is not just a meal, but tangible public evidence that these colleagues, despite divergent views that may exist on matters before them, nonetheless engage in meaningful acts of civility toward one another. This, in turn, suggests that the court’s duties are carried out in like fashion, and that civility among members produces decisions that are thoughtful, collaborative, and ultimately advance the rule of law. Yes, it is just a meal – a simple act of civility – but in the context of our profession, it conveys so much more. WBF

WCBA MEMBER NEWS WILLIAMS MULLEN EARNS 100 PERCENT ON HUMAN RIGHTS CAMPAIGN FOUNDATION’S 16TH ANNUAL SCORECARD ON LGBTQ WORKPLACE EQUALITY Williams Mullen is pleased to announce that the firm received a perfect score of 100 percent on the 2018 Corporate Equality Index (CEI), a national benchmarking survey and report on corporate policies and practices related to lesbian, gay, bisexual, transgender and queer (LGBTQ) workplace equality, administered by the Human Rights Campaign Foundation.

WAKE BAR FLYER • FIRST QUARTER 2018

THARRINGTON SMITH LLP RANKED IN THREE WAKE COUNTY CRANFILL 2018 BEST LAW FIRMS SUMNER & HARTZOG LLP ATTORNEYS WERE RECOGNIZED BY BUSINESS The Raleigh law firm of Tharrington Smith LLP is pleased to announce that is has been ranked in the NORTH CAROLINA MAGAZINE 2018 “Best Law Firms” list by U.S. News & World Report and Best Lawyers ® in eight practice areas: Appellate practice, general and white collar criminal defense, education law, family law, commercial litigation, family law mediation and intellectual property litigation. The 2018 Edition of “Best Law Firms” includes rankings in 75 national practice areas and 122 metropolitan-based practice areas in 185 geographic locations.

Business North Carolina has recognized the following CSH attorneys as part of the 2018 Legal Elite: • Dan Katzenbach, Construction Law (Raleigh) • P.K. Shere, Intellectual Property (Raleigh) • Marshall Wall, Business Law (Raleigh) Honoring North Carolina lawyers since 2002, Business North Carolina offers the complete list of 2018 winners appears in the January 2018 issue.

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Jim & Jerry Eatman

PRACTICING LAW WITH MY FATHER

BY JIM EATMAN | LYNCH & EATMAN

A GOOD MENTOR CAN facilitate success in so many of life’s endeavors, and the practice of law is no exception. In working with my father, I am fortunate to work with a mentor for whom I deeply care, respect and admire, and whose support and guidance I have relied upon in nearly every aspect of life for the past 28 years.

Working with my father also creates a sense of pride that few non-familial practices inspire in their employees. When the name and hard-earned professional reputation of your father and others in your family are connected to the work you produce, they amplify your personal stake in the work product while also providing an added sense of purpose that makes the practice of law especially meaningful.

As a young attorney, knowing that I have a level of support that far surpasses that of even the strongest non-familial employer-employee relationships gives me the confidence needed to take on professional challenges even in the early stages of my career. Knowing that my father is able to put me in a position to succeed based on his unique understanding of my strengths and weaknesses only bolsters that confidence.

It would be hard to overstate the level of personal and professional fulfillment I receive from practicing law with my father. Above all, the experience has been a realization of a lifelong dream and has immensely aided my transition from law student to licensed attorney. WBF

PRACTICING LAW WITH MY SON

BY JERRY EATMAN | LYNCH & EATMAN

MY SON, JIM EATMAN, passed the Bar Exam in July 2016 and joined our firm as an associate attorney in September. While I knew that I would enjoy practicing law with Jim, I had no idea how meaningful it would be to have the opportunity to be part of his development as a lawyer.

in a way that was both thoughtful and persuasive. I knew immediately that we were going to scrap my argument and use his. The only question was whether I was going to be too choked up with fatherly pride to make his argument to the judge.

One of those rewarding moments came several months ago when Jim and I were driving to a motion hearing in the Pitt County Superior Court. I was describing to Jim how I was planning to address a potentially weak aspect of our case when he suggested an alternate legal theory which was far superior to anything that had occurred to me. In addition, he articulated his argument

I have been a practicing lawyer for 35 years. While I have not loved every day that I have practiced law, I have loved being a lawyer ever since the moment I was sworn in. Having the opportunity to share that love every day with my son is a wonderful gift. WBF

WAKE BAR FLYER • 2018

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LAWYERS IN THE FAMILY: WHAT YOUR KIDS REALLY THINK WE ASKED SOME of our members’ children their thoughts on their parents’ profession. Here’s what they had to say! WBF

WHAT DOES YOUR MOMMY/DADDY DO FOR WORK?

Work on a computer - Ayanna Dunston, 7

She is a lawyer for Nichols, Choi, and Lee. He is also a lawyer.

-Jane Choi, 10

I don't really know what my mom does at her office. I think my dad deals with criminal cases at his job but I am unsure.

- Caswell Choi, 13

Jane & Caswell Choi

The Tuttle Family

- Lena Brathwaite, 6

- Hugh Mangum, 6

- Addison Sherlin, 11

- Gus Mangum, 10

- Bear Mangum, 13

WAKE BAR FLYER • FIRST QUARTER 2018

PAGE 11

DO YOU WANT TO BE A LAWYER WHEN YOU GROW UP? WHY OR WHY NOT? I do not want to be a lawyer when I grow up because my dad stays up late at night doing work, my mom does hard work, and working as a lawyer doesn't seem engaging or stimulating. It seems pretty boring.

No I want to be an orthodontist because i will make enough money to buy my mom and dad a nice beach house.

- Jane Choi, 10

Right: Anna and Hunt Choi with Jane and Caswell.

- Caswell Choi, 13

-Brayden Tuttle, 10 - Lena Brathwaite, 6

- Gus Mangum, 10

- Addison Sherlin, 11

- Bear Mangum, 13

“I also asked my 2-year-old, Isaac Dunston, if he wanted to be a lawyer and he nodded and said yes. When later asked, he said no.”

- Judge Ashleigh Parker Dunston

Left: Judge Parker Dunston with Isaac and Ayanna

No.

WAKE BAR FLYER • FIRST QUARTER 2018

- Ayanna Dunston, 7

- Hugh Mangum, 6

PAGE 12

WHAT DO YOU THINK A NORMAL DAY IS LIKE FOR YOUR MOM/DAD? Work, eat, and talk - Ayanna Dunston, 7

- Brayden Tuttle, 10

- Hugh Mangum, 6

- Gus Mangum, 10

I think my mom's day looks pretty straightforward. She gets to work, meets with a client or two, has lunch, does paperwork and maybe meets up with one more. My dad’s day seems like this. He gets to work, does paperwork or goes to a meeting, meets with a client, paperwork and comes home.

- Caswell Choi, 13

Get up at 6:00 kiss Caswell goodbye go back asleep wake up at 7:00 take a shower does her makeup and hair leaves for work at 9:00 and do lawyer stuff for 9:00 or so... Wake up at 7:20 take a shower gets dressed does his famous spiky hair takes me to the bus stop and goes to work at about 8:30 and do lawyer stuff for about the same amount as mommy.

- Jane Choi, 10

- Bear Mangum, 13

- Lena Brathwaite, 6

WAKE BAR FLYER • FIRST QUARTER 2018

PAGE 13

READ THE CREED: PROFESSIONALISM IS WORTH THE TIME

BY DOUGLAS J. BROCKER | THE BROCKER LAW FIRM, PA

2017 MARKED THE 20TH ANNIVERSARY of the adoption of the Creed of Professionalism by the Wake County Bar Association and Tenth Judicial District Bar. The creed codified many of the standards and long-term practices that historically have made and continue to make the Wake County and Tenth Judicial District bars among the best and most professional in the state and the nation. The principles set forth in the creed remain as important today as they were 20 years ago. These ideals have helped our local bar retain its atmosphere of professionalism, notwithstanding its rapid growth over the past 20 years since the creed was adopted.

In the latter part of 1996 and early 1997, Keith Kapp, president of the WCBA, and Sally Scherer, president of the Tenth, requested that a group of lawyers formulate what became the Creed of Professionalism. The Creed of Professionalism was adopted jointly by both bars in February 1997. Several Wake County lawyers participated in this effort, including Carlyn Poole, Judge Howdy Manning, Colon Willoughby, now Judge Louis Meyer, Marilyn Forbes and George Hearn, among others. The committee also received valuable input from other members of the local bar most notably, Robert McMillan. This group ultimately became what is the current Professionalism Committee of the Wake County and Tenth Judicial District bars.

As part of the 20th anniversary celebration for the Creed’s adoption, prominent members of the Bar were invited to read segments of the Creed at the WCBA monthly luncheons in the first half of 2017. Many of the readers were recipients of the Joseph Branch Professionalism Award, the highest recognition given to members of our Bar. Readers included three generations of McMillan lawyers – Robert, Duncan and Carrie McMillan – David Long, Colon Willoughby, John Silverstein, Ann Reed and Sally Scherer. At the June WCBA luncheon, an impressive panel discussed the historical adoption and current significance of the creed. Panel members included former long-time executive director Alice Roman, Keith Kapp, Carlyn Poole, Judge Louis Meyer and Past President Brian Beverly.

Every part of the relatively brief Creed is meaningful, but I believe that the following six paragraphs constitute its essence: As a lawyer, I subscribe to the following Creed of Professionalism: Individual Commitment to Professionalism. My word is my bond.

Integrity is an absolute. Fairness and civility are essential. Financial considerations will never override my professional responsibility.

be worthy of your trust by providing vigorous advocacy, independent guidance, reasoned counseling, and fair value in services performed for fees paid. I will work to achieve and maintain proficiency in my practice and continue to expand my knowledge of the law.

To the public and our profession, I offer service. I will strive to improve the law and our legal system, and to make our legal system more accessible, responsive, and effective for all. I recognize the importance of contributing my time and resources to the Bar, public service, community and civic activities. I will honor the requirements, the spirit, and the intent of the rules of professional conduct.

To my colleagues in the practice of law, I offer concern for your welfare. As we work together, I will respect your personal and family commitments. I will share my learning and experience so that we may all improve our skills and abilities.

To the courts and to those who assist them, I offer respect, candor, and courtesy. I will respect and strive to improve the judicial process.

I will serve as an officer of the court, encouraging respect for the law and avoiding the abuse or misuse of the law, its procedures, its participants, and its processes.

To opposing parties and their counsel, I offer honesty, fairness, and courtesy. I will seek truth and strive to resolve our clients’ disputes in a dignified manner. I will pursue the most efficient and least costly solutions to problems and avoid unnecessary delay.

In these six paragraphs, the Creed codifies the essential principles and many different aspects of being an attorney. If you are committed to maintaining excellence and professionalism within our local bar, I recommend taking a few minutes on a regular basis to read the creed and encouraging your colleagues to do the same. I’m confident that if every lawyer in our bar took a few minutes at least every month to read and contemplate these passages, our local bar would continue its proud tradition of professionalism into the foreseeable future. Being a member of the Professionalism Committee for the past 20 years since the creed was adopted, including serving as its chair for the last six years, has been one of the most rewarding experiences in my 25 years of law practice.

I encourage each of you to make time in an already hectic schedule to promote professionalism within the Bar. In my experience, it is well worth the time and effort. WBF

To my clients, I offer loyalty, competence, diligence, and good judgment. I will represent you as I would want to be represented. I will provide timely information on all matters pertaining to your case. I will

WAKE BAR FLYER • FIRST QUARTER 2018

PAGE 14

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

YLD NEWS

YLD SOCIALS

2018 YLD OFFICERS

February 1 – YLD Social @ Whiskey Kitchen, 5 p.m., following e-Discovery CLE

PRESIDENT: LAUREN A. GOLDEN

March 8 – YLD Social @ Neuse River Brewing, 5:30 p.m.

SECRETARY/PRESIDENT-ELECT: LEAH M. HERMILLER

Please check the WCBA website and WCBA email blasts for more details about upcoming socials. Please contact Sarah Beth Barnes at Sarah.barnes@ youngmoorelaw.com if you have questions.

TREASURER: JULIE CRONIN

A MESSAGE FROM THE 2018 YLD PRESIDENT I hope everyone had a wonderful and stress-free holiday season. I am excited to serve as this year’s WCBA-YLD President. The 2018 YLD board members and committees are hard at work planning CLEs, networking events and service opportunities for new WCBA members. We hope you will consider attending one of our free monthly socials or the CLE we are hosting February 1 on e-discovery and data privacy. Be on the lookout for emails about our 3rd Annual Business Development Seminar taking place in April.

While I have your attention, I want to thank several people who have contributed their time and talents to serving the WCBA-YLD Board for several years. Tremendous thanks to outgoing president, Sam Fleder, for an outstanding job leading the WCBA-YLD in 2017 and for his many years running the YLD’s summer clerk orientation program. I also want to thank outgoing YLD board members Meredith Cross, Allen Thomas and David Senter for all their contributions and service to the WCBA-YLD. On behalf of the YLD Board, thank you to all of our members—we appreciate your involvement and participation with the WCBA and YLD. All members of the WCBA who are currently age 36 or under or who have been practicing law for less than five years are automatically members of the YLD. Our mission is to help our members foster new professional connections, serve our community through public service projects, and to promote membership and involvement within the WCBA. If you are interested in getting involved with our board or on a committee, please reach out to me at lauren.golden@elliswinters.com.

2018 CLE OPPORTUNITY The WCBA-YLD is presenting a free one-hour CLE on February 1 at 4 p.m. at the Wake County Courthouse, 316 Fayetteville Street, Raleigh, NC. Sean Fernandes with Ellis & Winters LLP will present “eDiscovery: Strategies for Privacy and Data Security Risk Management.” The CLE will be followed by a free social at Whiskey Kitchen.

Please contact Steve Newton at snewton@nichollscrampton.com with any questions.

WAKE BAR FLYER • FIRST QUARTER 2018

PAGE 16

CHARLES BRANDON HUNT AWARD The WCBA-YLD established the Charles Brandon Hunt Award in honor of late YLD President Charles Hunt. The award will recognize a young attorney who, like Charles, 1) is an active member of the WCBA-YLD; 2) exemplifies the honorable ideals of the legal profession, including professionalism and intellectual curiosity; and 3) demonstrates a passion for donating significant volunteer time and/or legal services to the Wake County community. More information regarding Charles Hunt and the award nomination process can be found on the WCBA’s website. Nominations are due February 2, 2018.

Please contact Elizabeth Timmermans at eztimmermans@mcguirewoods.com with questions.

WCBA YLD CLOTHING DRIVE SUCCESS 2017 Marked the 18th annual WCBA-YLD Clothing Drive. Many thanks to Jane Paksoy and Elizabeth Timmermans for organizing and overseeing the drive. The WCBA-YLD would like to thank all the coordinators, donors and volunteers who participated in this year’s Holiday Clothing Drive. More than 220 bags of clothing were donated to 12 local charities. Special thanks to the volunteers that helped sort and bag all the donations at Morrisville Outlet Mall on Friday and Saturday, December 1-2: Becky Thornton, Lindsay Underwood, Kendra Stark, Elizabeth Ligon, Quintin and Wambiu Byrd, Kayla Marshall, Michael Smith, John Barfield, Fiona and Tendai Mparaganda, Leah and Brent Hermiller, Elizabeth and Tom Timmermans, and Jane and Kerry Paksoy.

Thank you to the following practitioners, firms and organizations for donating: McGuireWoods LLP, Alston & Bird, Edwards Kirby, Teague Campbell, Ellis & Winters LLP, NCBA, the N.C. Court of Appeals, Poyner Spruill, Myers Bigel, Tharrington Smith, Everett Gaskins, Stuart Law Firm, Nigel Barrow, inVentiv Health, Inc., and Nichols, Choi & Lee.

You know how it feels to be ready.

So do we. Let’s talk.

230 Fayetteville Street, Suite 100 919.723.2300 NMLS# 411971

WELCOME NEW MEMBERS WE WELCOME THE NEWEST MEMBERS APPROVED AT THE DECEMBER 2017 MEETING OF THE BOARD OF DIRECTORS:

Kendra Alleyne The Law Office of Colon & Associates, PLLC

Gerald “Pat” Murphy | NC State Bar Annelise“Ali” Nininger-Finch | NC CRED

Judge John Arrowood | NC Court of Appeals

Amiee Nwabuike

Christopher “Chris” Bagley

Fabio Ortiz | Fabio Ortiz Law Firm, PLLC

Law Offices of James Scott Farrin Sara “Brooke” Blackman-Cheng | Blackman & Cheng LC Brittany Brattain

Laura Parker Meredith Parker Cheshire Parker Schneider & Bryan PLLC

Brittany Bridges | The Law Corner

Alexander Paschall | Tarlton Polk PLLC

Naomy Chimenge

Harsh Patel

Alexandra “Allie” Coggins

Molly Pearce | Cranfill Sumner & Hartzog LLP

Wyrick Robbins Yates & Ponton LLP

Ashley Prince | Triangle Divorce Lawyers

Laura Collins

Erin Riddick | The Walls Law Firm, PLLC

Taylor Crabtree | Ellis & Winters LLP

Adam Roberts | Diener Law

Michael DeLuca

Erica Rogers | Ward and Smith PA

Taylor Dewberry

Erica Romain | North Carolina National Guard

Smith Anderson Blount Dorsett Mitchell & Jernigan Melanie Goodwin NC Industrial Commission Sara Guerra The Matta Law Firm, PLLC

Deborah Ross | Smith Moore Leatherwood LLP Heather Rubinstein Zainah Shafi Kim Shaftner | Knott & Boyle, PLLC Jenna Smith

Katelyn Heath

Shelby Smith

Emily Hurtt

Jeanine Soufan | Consilio LLC

Kara Kelly | Ogletree Deakins Nash Smoak & Stewart PC

Holly Stephens | Rojas Legal Services

Sara Kidd

Carolina Stephenson | Cherry Bekaert LLP

Maria Lopez Delgado | Legal Aid of North Carolina

Melissa Szczepanik

Nihad Mansour | North Carolina Bar Association

Elizabeth Thueme

Emily Massey | Ward and Smith, P.A.

Aidan Toland | The Law Office of Aidan Toland, PLLC

Perry Mastromichalis

Reyna Walters

Law Offices of Perry Mastromichalis

Robert Wayland | Womble Bond Dickinson (US) LLP

Rachel Matthews

Brandon Wheeler

Christian McCullen

Lindsay Willis | Rosen Law Firm

Oxendine Barnes & Associates PLLC

Joshua “Winks” Winks

Vanessa McGalliard

Thomas Wolff | Ward and Smith PA

Tirrill Moore

Louis Woodruff | Attorney Louis F. Woodruff

Elizabeth “Sterling” Moose | McGuireWoods, LLP

Jennifer “Jen” Yeaw

Jacob Morse | Wyrick Robbins Yates & Ponton LLP Tempestt Morton

Ogletree Deakins Nash Smoak & Stewart PC Katherine Zimmerman | Womble Bond Dickinson (US) LLP