Wake Bar Flyer | Second Quarter 2020

Ask A Lawyer

Our New Program Making a Direct Impact in Wake County......8 ___________________________________

_

VOL. XLVI • ISSUE 6 | SECOND QUARTER 2020

BAR FLYER MAKING AN IMPACT DURING A TIME OF CRISIS EXEMPLIFY THE IDEALS OF OUR PROFESSION WITH DONATIONS OF TIME, SERVICES AND FINANCIAL SUPPORT

BY ADAM M. GOTTSEGEN PRESIDENT, TENTH JUDICIAL DISTRICT BAR

AT THE TIME I AM WRITING THIS, we are all concerned about the impact a pandemic will have on our city, state, nation and world. Hopefully, by the time you are reading this, there will have been positive developments and reason for optimism.

It is easy to lose sight of the impact that we, as attorneys, have on our community, but, now more than ever, we need to act. We are in a position to help those in need. Although we face challenges in learning to practice law remotely or within the constraints of “social distancing,” our livelihood will survive and the need for our assistance will likely increase.

School closings have presented a challenge for the large number of children who rely on school meals; organizations like No Kid Hungry and the Inter-Faith Food Shuttle need our support. Local businesses are struggling and will need financial assistance to remain afloat. Our healthcare providers and local hospitals need supplies.

The opportunities to help others are endless. Access to legal assistance for lower-income families and individuals will be overwhelming in the coming weeks and months. People will undoubtedly need assistance working with landlords as rent becomes due, negotiating extensions on loans or navigating the red tape to receive unemployment benefits or other aid.

Let’s rise to the challenge as attorneys and, as we have done many times in the past when faced with an unforeseen disaster, show the community that we are here for them, provide hope and make a positive impact.

WBF

WAYS TO HELP PRO BONO: • LEGAL AID OF NC’S LAWYER ON THE LINE • NC PRO BONO RESOURCE CENTER MEDICAL EQUIPMENT DONATIONS: • UNC HEALTHCARE • WAKEMED FOOD DONATIONS: • NO KID HUNGRY • INTER-FAITH FOOD SHUTTLE • FOOD BANK OF CENTRAL & EASTERN NC

INSIDE THIS ISSUE 2)

A NOTE FROM THE EXECUTIVE DIRECTOR

3)

BOCCE ANYONE?

4)

WCBA DIVERSITY & INCLUSION SEMINAR

6)

PRONOUNS & PROFESSIONALISM

7)

THE IMPACT OF EFFECTIVE LEADERSHIP

8)

ASK A LAWYER

11)

YLD NEWS

12)

SERVICE ANIMAL PROJECT

13)

DIRECT EXAMINATION

14)

WORD SEARCH

15)

LEGAL HEROES NEEDED

16)

THE PROFESSIONAL SIDE OF SCOUTING

18)

WORKING FROM HOME

19)

FIGHT (FOR) YOUR CLIENTS

21)

WELCOME NEW MEMBERS

REMOTE JUSTICE: THE EFFECTIVE USE OF WEBEX HEARINGS | TUESDAY, MAY 5 | 1 – 2 P.M. In these difficult times of COVID-19, stay-at-home orders and court closures, how can you get a hearing for your clients? Superior Court Judge Graham Shirley and District Court Judge Christine Walczyk will discuss how Wake County is providing safe and remote access to the courts by offering WebEx hearings in a variety of cases. They will give a primer on how to get your case in front of a judge, discuss best practices for remote hearings and consider how this pandemic may change the way we practice law in the future.

One hour of general CLE credit is pending, and is free for WCBA members and $35 for non-members.

Registration is open online. A recording of this program with no CLE credit will be made available after the presentation.

WAKE BAR FLYER

1

SECOND QUARTER 2020

WAKE BAR FLYER VOL. XLVI | ISSUE 6 | SECOND QUARTER 2020 Presidents CARMEN H. BANNON, WCBA ADAM M. GOTTSEGEN, TENTH J.D. BAR Presidents-elect DAVID E. HOLM, WCBA RUSSELL D. BABB, TENTH J.D. BAR Secretary CRYSTAL S. CARLISLE Treasurer JUDGE ASHLEIGH P. DUNSTON Immediate Past Presidents DAVID L. SHERLIN, WCBA NANCY L. GRACE, TENTH J.D. BAR Board of Directors YVONNE ARMENDARIZ DANIEL T. BARKER JULIE L. BELL JEAN GORDON CARTER ANNA M. DAVIS REBECCA A. EDWARDS DAVID P. FERRELL WILLIAM F. FINN JR. NIYA T. FONVILLE EVIN L. GRANT KATIE H. KING DEAN J. RICH LEONARD CHRISTINA M. MCCOY JOHN E. MCKNIGHT KIMBERLY T. MILLER ATIYA M. MOSLEY BRIAN P. OTEN JUDGE VINSTON M. ROZIER JR. JOHN R. SZYMANKIEWICZ KRISTINA B. THOMPSON JESSICA B. VICKERS JOHN B. “BO” WALKER JOHN B. WARD BENJAMIN O. “BOZ” ZELLINGER Young Lawyers Division President JEREMY R. WILLIAMS Young Lawyers Division President-elect KENDRA N. STARK Executive Director WHITNEY D.G. von HAAM Wake Bar Flyer Editor BECKY B. JOHNSON Wake Bar Flyer Assistant 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 THEODORE C. EDWARDS II KATHERINE A. FRYE FRED T. MORELOCK JUDGE ROBERT B. RADER WARREN T. SAVAGE

A NOTE FROM THE EXECUTIVE DIRECTOR

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

MY DAD JOINED ME AT MY FIRST NATIONAL ASSOCIATION OF BAR EXECUTIVES MEETING IN PHILADELPHIA IN JANUARY 2002

LIKE SO MANY, my dad had a major impact on my life. In fact, he had such an influence on my career that I think of him every day, and his legacy has been a guiding star for me.

David E. Greer was a lawyer; he started his career in the Air Force JAG Corps, and then moved our family — my mom, my three sisters and infant Whitney — back to his hometown of Lancaster, Pennsylvania. His first job out of the military was with a small firm that had been in business for more than 100 years. Eventually, he became managing partner of the firm, which became known as Herr, Greer & Hoberg.

Every Wednesday afternoon, he would drive to the small town where he grew up, Maytown, to have dinner with his parents and then serve the mainly farm-based community. My dad would set up shop on my nana’s dining room table, and he would meet with folks who couldn’t otherwise drive to the “big city” of Lancaster to meet with a lawyer during the week. He did countless wills, estates, real estate closings and more on that table, and in fact, described himself as an A-to-Z general practice lawyer — Adoptions to Zoning.

He explained to me countless times the meaning of the “Rule of Law” and how it was essential to our country. He believed that the law was a communications field and showed me the meaning of collegiality through his actions. He was committed to pro bono and public service work, tenets he held dear throughout his career. He even tried to nudge me into considering law school when I was beginning to look at graduate school. And, yes, during my teenage years, we fought and debated almost every day, like any good lawyer in training.

I lost my dad suddenly five years ago this summer, but his guidance is still part of everything I do for our bar. He is why I understand that fire in the eyes of our members when faced with challenges in their profession. I may not be a lawyer, but I was definitely raised by a strong, proud one, and serving this bar association is a small way to honor him. WBF

© 2020 Wake County Bar Association & Tenth Judicial District Bar.

WAKE BAR FLYER

2

SECOND QUARTER 2020

BOCCE ANYONE? OR, PERHAPS, EUCHRE? THE WCBA FOUNDATION LOOKS FOR WAYS TO INCREASE ITS ENDOWMENT AND, THUS, ITS SUPPORT OF ACCESS-TO-JUSTICE PROGRAMS

BY MARIA M. LYNCH | LYNCH & EATMAN, L.L.P.

THE WAKE COUNTY BAR Association Foundation is a Section 501(c)(3) organization that is separate from the Wake County Bar Association. The Foundation was established in 1989 by lawyers practicing at the firm then called Adams, McCullough and Beard.

At this time, the impact of the Foundation is quite limited, but past and present leaders of the WCBA and the Foundation’s Endowment Committee intend to change that radically.

The Foundation sponsors a golf tournament, awards scholarships to law students and serves as the pass-through of funds from the Bar Awards to Legal Aid. The Foundation’s endowment is quite small, approximately $140,000. The Endowment Committee recognizes that in order to ensure support for Legal Aid and fund other programs providing access to justice, the Foundation must increase its endowment.

Likewise, the Indianapolis Bar Foundation, the charitable arm of the Indianapolis Bar Association, sponsors a golf tournament and gala. In addition, it sponsors an annual Euchre tournament. These fundraising events allow the Indy Bar Foundation to award scholarships to aspiring lawyers and issue grants in excess of $105,000 per year to local organizations.

The Allegheny County Bar Foundation, located in Pittsburgh, has more than $5.5 million in assets. This Foundation conducts eight fundraising events each year, including golf and bocce tournaments. The Allegheny County Bar Foundation supports a number of pro bono activities and provides scholarships to law students, in addition to funding community projects that are not necessarily tied to the law, such as an anti-hunger project.

The Foundation needs a sustainable source of funding for Legal Aid in good years and in bad and resources to fund other critical programs needed to increase access to justice. A number of fundraising efforts are being considered by the Endowment Committee, including a day — or perhaps a week — of giving. Similar foundations across the country have an extensive impact on local communities.

The Columbus Bar Foundation, for example, has more than $4 million in assets and supports a number a programs, including Legal Aid and Community Mediation Services. Recently, this Foundation issued a $75,000 grant to an Ohiobased nonprofit organization that helps citizens understand and access the civil justice system. The grant will help facilitate the nonprofit’s mission by funding the development of a self-help website for its target audience. Fundraising efforts by the Columbus Bar Foundation include an annual gala and golf tournament.

The WCBA Foundation’s vision is to increase its endowment in order to fund a number of programs that support access to justice. The Foundation clearly has a lot of work ahead of it to accomplish this vision.

As members of the WCBA, we are all aware of the need to increase access to justice in our community, which can be achieved through funding grants to Legal Aid and other community-based projects. Other than the golf tournament and a few scattered donations, the WCBA Foundation has one other source of revenue: the collection of late fees for delinquent Tenth Judicial District dues.

Rather than paying your bar dues late, why not make a positive and pro-active impact on the legal community with a tax-deductible gift to the WCBA Foundation?

In the face of the pandemic, the need for our most vulnerable populations to have access to justice is even greater. If we had a fund we could tap in times like these, we could make a real difference. Let’s join together and make our Foundation one that has significant positive impact in our community. WBF

WAKE BAR FLYER

3

SECOND QUARTER 2020

WCBA HOSTS INAUGURAL DIVERSITY AND INCLUSION SEMINAR CANDID DISCUSSIONS ABOUT RACE, GENDER AND DISABILITY BIASES OPEN THE DOOR TO FURTHER ACCEPTANCE AND UNDERSTANDING WITHIN THE PROFESSION

BY CARMEN H. BANNON | PRESIDENT, WAKE COUNTY BAR ASSOCIATION

“PREJUDICE IS A BURDEN THAT CONFUSES THE PAST, THREATENS THE FUTURE AND RENDERS THE PRESENT INACCESSIBLE.” — MAYA ANGELOU ON FEBRUARY 6, more than 75 Wake County lawyers braved the elements (it was the dark and stormy day when schools closed early due to tornado warnings) to attend the WCBA’s first seminar on diversity and inclusion in the legal profession. The attendees were diverse, representing many practice areas, several generations and different ethnicities.

The attendees and presenters wrestled with difficult questions about the experience of under-supported groups in our profession.

THE NOTION OF GRACE The day started with a presentation by Dana Tippin Cutler, past-president of The Missouri Bar and co-judge of Couples Court with the Cutlers (a nationally syndicated, two-time Emmy-nominated television show). As a bar leader, Cutler developed a program called “Courageous Collaborations” to facilitate discussions about the impact of implicit biases on the legal profession and how we can promote positive change around issues of race, gender, disability, sexual orientation and gender identity.

Using good humor and visuals, Cutler helped attendees understand their own implicit biases and how to lessen their impact. She urged attendees to commit to self-examination and change, be open to different viewpoints, ask questions, listen, get comfortable with uncomfortable conversations, acknowledge fear and keep lines of communication open.

Cutler recommends against pretending our differences don’t matter. “When you tell someone you don’t see their color, or orientation, you miss a lot of who they are,” Cutler said.

One particularly poignant aspect of Cutler’s presentation involved an anecdote from early in her career about working with an older client whose prejudices were evident and the concept of grace when faced with that type of situation. “So often in our dialogue in our diversity, we forget to talk about grace. Grace is unmerited favor; I do it because I want to, not because of anything you did or said,” Cutler explained. “So when you see or hear something [that reflects bias], look at the person’s heart. When you extend grace, you get grace.”

MENTAL HEALTH AND SUBSTANCE USE ISSUES AMONG MINORITY LAWYERS Three volunteers from the Lawyer Assistance Program addressed mental health challenges for minority lawyers. Lawyer-turned-reporter Rupen Fofaria, who moderated the panel, described the ways in which his Indian-American family and culture shaped his relationship with alcohol and impacted his path to recovery. He emphasized the importance of LAP in that process, noting that participants in LAP identify with each other on a personal level, around their shared experience with addiction and around the unique challenges faced by lawyers in recovery.

Transgender lawyer Paula Kohut described her experience of transitioning at age 53 after a 27-year career at a large firm. She shed light on the psychological toll of inhabiting a gender role discordant with one’s authentic self and gave participants an unvarnished view of the pervasive biases (implicit and explicit) that transgender lawyers face.

Fred Williams, a professor at NC Central School of Law, described how substance use impacted his life and practice and the additional challenge created by the fact that he — as a black man — was initially only referred to white clinicians with whom there was a cultural disconnect.

Although there is still a need for diverse treatment providers, Williams encouraged attendees to turn to LAP for support. “If you feel uneasy because you may have an emotional or mental problem or a substance abuse problem,” Williams said, “you [can] voluntarily talk to someone at [LAP], without the fear that everyone is going to know what happened to you.”

WAKE BAR FLYER

4

SECOND QUARTER 2020

TECHNOLOGY’S IMPACT ON COMMUNICATIONS AND INCLUSION Kristine Sullivan and Larkin Taylor-Parker of Disability Rights North Carolina discussed assistive technology for lawyers and clients with disabilities. This segment provided an important reminder of the technologies we can employ to ensure that our law practices do not marginalize or disadvantage people with disabilities.

Among other things, Sullivan and Taylor-Parker demonstrated how a screen reader works for the visually impaired. Attendees were urged to consider how welcoming their law firms are for potential clients with disabilities, from the design of the firm’s website to the physical layout of the office.

EVIN GRANT MODERATED A PANEL ON "CHALLENGES OF NAVIGATING & NETWORKING IN LEGAL SPACES"

DEFINING DIVERSITY THROUGH SHARED EXPERIENCES The last session entailed a panel discussion among lawyers of color about the “Challenges of Navigating & Networking in Legal Spaces.” Evin Grant, president of the Capital City Lawyers Association and director of Student Life and Pro Bono at Campbell Law School moderated the discussion between panelists Victor Boone, Triangle Regional Director for Legal Aid; Lawrence Cameron of McGuire Woods, LLP; Wake County District Court Judge Ashleigh Parker Dunston; and Alondra Bribiesca, a third-year student at Campbell Law School and first-generation Mexican-American.

Grant guided the panelists through a discussion of shared experiences in the legal profession that ranged from painful, to profound, to amusing. The frank exchange between Grant and the panelists illustrated the difference between diversity and inclusion. The panelists’ stories echoed the famous words of inclusion strategist Vernā Myers: “Diversity is being invited to the party. Inclusion is being asked to dance.”

The seminar kick-started a conversation that our bar needs to continue. This conversation, and concerted efforts to build an inclusive profession, cannot stop until all lawyers — regardless of sex, race, ethnicity, disability, sexual orientation and gender identity — have equal opportunities and a sense of belonging. WBF

Experienced in Fiduciary Sales, Estates a n d Tr u s t s

Adam Parker, Broker | REALTOR® Office Listing Agent of the Year-2016 Chairman’s Club-2017 Fonville Morisey Realty – Stonehenge Office 8100 Creedmoor Rd. Raleigh, NC 27613 CALL TODAY TO LEARN HOW I CAN HELP YOU AND YOUR CLIENTS 919.518.5549

WAKE BAR FLYER

5

SECOND QUARTER 2020

PRONOUNS AND PROFESSIONALISM: HOW A SEEMINGLY SMALL WORD CAN IMPACT YOUR PRACTICE DO’S AND DON’TS FOR COMMUNICATING WITH CLIENTS AND COLLEAGUES USING THEIR CHOSEN PRONOUNS

BY AMES SIMMONS | POLICY DIRECTOR, EQUALITY NC

THE RELATIONSHIPS THAT WE, as attorneys, have with our clients and colleagues are important to providing the best service. If we don’t have good rapport with a client, they may not feel comfortable confiding details that might make a difference to their case. Using the right pronouns is an important part of developing those professional relationships.

It’s also a matter of courtesy: Assuming someone’s gender based on how they look means you may guess wrong. Taking the time to address someone the way they want to be addressed demonstrates respect.

WHEN SOMEONE ASKS WHAT YOUR PRONOUNS ARE:

• • •

Do: “I use she/her, thanks. What about you?”

Don’t: “Can’t you tell? What are you trying to imply?”

Why?

• • •

When someone asks what pronouns you use, it doesn’t mean there is something about your appearance that doesn’t make sense.

How someone looks doesn’t necessarily tell us anything about their gender identity.

Making pronouns a part of etiquette, and not something we only make transgender people specify, helps make navigating public spaces safer for transgender people.

WHEN SOMEONE REQUESTS THAT YOU OBSERVE THEIR CHOICE OF PRONOUNS:

• • •

Do: “Thanks, will do.”

Don’t: “I don’t know. I’ll try, but you’ll have to be patient with me because I’ll mess it up.”

Why?

• • •

Transgender people already anticipate that you’re likely to slip up with their pronouns.

Transgender people don’t owe anyone a blanket amnesty for all time, even if the slips are unintentional.

If you find yourself wanting to improve but facing continued difficulty in using a person’s chosen pronouns, consider practicing! If you know you’re going to be talking to that person later, try picturing that person’s face and saying, “For Ames’ birthday, I’m going to get him a book for his library.”

WHEN YOU ACCIDENTALLY SLIP AND USE THE WRONG PRONOUN:

• • •

o: “She, I mean he, filed that lawsuit.”

D Don’t: “Oops, I’m so sorry, I know what the right pronouns are but it’s just so new. I have transgender friends, I should know better….”

Why?

• • •

The longer you apologize, the more attention it draws.

This isn’t about your discomfort. Work that out with others later.

If you must apologize, do so privately.

WHEN SOMEONE ASKS YOU TO USE A PRONOUN YOU ARE UNFAMILIAR WITH:

• • •

Do: “I’m not familiar with that term. Could you use it in a sentence so that I know I’m using it correctly?”

Don’t: “What? ‘Zie’ isn’t even a real word — isn’t there something normal I could use?”

Why?

• •

Who gets to decide what a “real word” is?

“Normal” means we arbitrarily decided that a certain combination of letters works. We remain free to decide on other letter combinations.

WHEN SOMEONE TELLS YOU THEY USE “THEY/THEM”:

• • •

Do: “Got it!”

Don’t: “But it’s not grammatically correct to use ‘they’ as a singular pronoun.”

Why?

• • •

The singular “they” has been part of English going back to Shakespeare’s time.

The singular “they” has been recognized by dictionaries. Yes, you can use it in pleadings.

We already use the singular “they” when we refer to people whose gender isn’t known (“I called the clerk about my motion. They told me they never received it in their system.”).

When all else fails, there’s an app for that. Check out minus18.org.au and get some practice! WBF

WAKE BAR FLYER

6

SECOND QUARTER 2020

THE IMPACT OF EFFECTIVE LEADERSHIP HOW GREAT LEADERSHIP DURING A TIME OF CRISIS AFFECTS YOUR FIRM, YOU PRACTICE, YOUR EMPLOYEES

BY CAMILLE STELL | PRESIDENT & CEO, LAWYERS MUTUAL CONSULTING & SERVICES

LEADERSHIP IS A CONCEPT WE DON’T SPEND MUCH TIME DISCUSSING. We know who the leaders are — those people whose names are on the door. And we know what leadership looks like — it’s what the leaders tell us to do.

But is that really what leadership is all about?

Times of crisis can bring out the best or worst in leaders. The COVID-19 health crisis is a case study at the ready. Take a few minutes to scan the following list to see where you fit on the leadership scale.

crisis such as COVID-19, do you share information as you make decisions? Or does your staff see you gather at 10 a.m. in the conference room, but they don’t get the memo until 4 p.m.?

Does your staff know that you make salary adjustments at the February partners meeting, but you don’t share the information with them until the day before paychecks are deposited in March?

1. GREAT LEADERS STAY ON TOP OF DATA. “Garbage in, garbage out” is how we refer to whether our data is accurate.

This also applies to the data (or information) we need to make decisions. Disaster preparation occurs in law, such as when we anticipate weather emergencies.

Lawyers are busy. That goes without saying. But the reality is that everyone is busy, and the more information your team has, the less time they spend worrying, wondering and losing productivity.

Many law firm leaders have had to decide whether to close the office in the wake of a weather warning or how to continue to serve clients following a flood.

But not many of us have had to deal with an infectious disease calamity. As a result, we are trying to gather information in real time.

Camille Stell is the President and CEO of Lawyers Mutual Consulting & Services.

Continue this conversation by contacting Camille at: camille@lawyersmutualnc.com or 800.662.8843.

Great leaders make decisions, then communicate clearly and as quickly as possible.

As a leader, make sure you are accessing the best data possible. You need a clearinghouse for the data, whether it is you or someone on your team. Designate a data czar, and share that name with everyone. People then know to whom to forward the latest articles or raise concerns.

5. GREAT LEADERS HAVE EMPATHY. When people express fear, worry or anger, great leaders have empathy. Great leaders do not retaliate. Great leaders do not mock. Great leaders do not discount others’ emotions.

Great leaders recognize that even while meeting client needs and daily operations, a new crisis means devoting time to gathering new data.

2. GREAT LEADERS MAKE DECISIONS. Decision-making is hard, especially when you must reach a consensus, make decisions by committee or wait for all the decision-makers to focus on the issue at hand. Being a law firm leader requires that difficult decisions be made, and made timely.

There are ways to improve the decision-making process. Have a lean team making the decisions. Once a process is in place to collect the data, leaders need to rely on the data to reach a decision. Avoid decision fatigue by having a process and procedure in place so that leaders are not making hundreds of decisions every day. Set a time limit to provide the pressure of reaching a timely decision.

We can improve our empathy muscle. Walk in other peoples’ shoes. Challenge yourself to tackle experiences that take you outside your comfort zone. Seek feedback from people in person and have conversations, however uncomfortable they may be. Examine the emotion presented, not just the data. Ask questions.

Examine your biases.

Great leaders recognize that when people have an unexpected reaction to a decision, they must lean into empathy. This doesn’t mean the decision necessarily has to change, but expressing empathy is what keeps the team members on board, even when they disagree with the ultimate decision.

3. GREAT LEADERS LISTEN. Two ears for listening, one mouth for talking. Did your mom ever share that homily with you? It’s good advice.

6. GREAT LEADERS REASSESS. I was five business days away from hosting a conference with 70 people. During the day on Wednesday (before my Tuesday conference), I was on the phone with my venue, my keynote speaker, my caterer and my sponsors. On Wednesday evening, I sent out an email telling registrants the conference was moving forward.

During a time of crisis, great leaders listen to their constituents’ fears and concerns. It can be tempting to think you know what is best for everyone and that your position within the firm allows you the authority to make decisions. But listening allows people to feel heard and tells them that their voice matters. People will trust your decision-making process more if it includes a listening component.

On Thursday, the situation deteriorated quickly; it seemed everything in North Carolina was cancelled due to COVID-19, including schools, universities and sporting events. By Friday morning, I was back on the phone with my venue, my keynote speaker, my caterer and my sponsors. Before lunch, I sent out an email telling registrants the conference was cancelled.

In a fast-moving situation, great leaders continue to reassess the situation and make changes as necessary.

Great leaders listen twice as much as they talk.

4. GREAT LEADERS COMMUNICATE. When people discuss life in a law firm, one of the most common complaints is a failure to communicate. While there is some information that must be safeguarded, for the most part, we err on the side of withholding too much information.

7. TRUST = LEADERSHIP Trust is an essential element of leadership. Effective leadership impacts every aspect of your law practice. If you exercise these skills, you will build trust and strengthen relationships even in times of crisis. WBF

Consider the following: As firm leadership meets to discuss how to handle a

WAKE BAR FLYER

7

SECOND QUARTER 2020

HOW DO WE INCREASE COMMUNITY ACCESS TO LEGAL SERVICES IN WAKE COUNTY? ASK A LAWYER THE WCBA OFFERS A NEW PRO BONO OPPORTUNITY FOR MEMBERS THROUGH COLLABORATION WITH WAKE COUNTY PUBLIC LIBRARIES

BY BECKY BERRY JOHNSON, LEXIPOL, LLC | WAKE COUNTY BAR FLYER EDITOR

THE MOST VALUABLE THING YOU CAN GIVE SOMEONE IS YOUR TIME. This is especially true for attorneys, many of whom account for their day by the billable hour. However, the cost of an attorney’s time, and the invaluable advice that often comes with it, is too great a pull on many individuals’ purse strings.

Kendra Stark, president-elect of the Young Lawyers Division, sought to address this dilemma while previously serving as chairperson of the YLD Pro Bono Committee. Ultimately, the committee took inspiration from the “Lawyers in the Library” program implemented by other bar associations across the country. Working with the North Carolina Pro Bono Resource Center and Wake County Public Libraries, Stark and the YLD committee launched the Ask A Lawyer program.

HOW, WHEN AND WHERE TO ASK A LAWYER Ask a Lawyer is a bi-monthly program offered on the first and third Tuesday of each month from 5:00 p.m. to 8:00 p.m. The first-Tuesday program takes place at Southeast Regional Library in Garner, and the third-Tuesday program takes place at East Regional Library in Knightdale. Stark says these locations were chosen based on the identifiable need for legal access in these parts of the county.

During an initial intake process, patrons sign a limited retainer agreement acknowledging they are receiving limited legal advice and that none of the volunteers are taking them on as clients when their session ends. Most Tuesday-night programs see 15 to 20 patrons seeking help with a legal question. For this reason, sessions are generally limited to 20 minutes per patron. However, a volunteer who is interested in providing a patron with further assistance may do so after the session, at their own discretion and on their own time.

The program, which began in October 2019, has a group of regular volunteers, Stark says, but more help is needed to ensure program consistency and commitment to the community. To maintain success, the program requires three volunteers to provide limited legal advice to patrons and one volunteer to conduct intake. No specialized training is required. Sign-up for any of the Tuesday night sessions is available on the WCBA’s Community Calendar.

VOLUNTEERS RECEIVE RECIPROCAL BENEFITS FROM PROGRAM PARTICIPATION The questions presented by patrons are wide-ranging, though the majority focus on contract, landlord-tenant, wills and estates, and family law issues. Your own legal practice need not focus in any of these areas in order for your services as a volunteer to be meaningful.

“Most of the questions we get from these patrons are going to be things that you covered in your first year of law school,” Stark says. “It’s not anything too complex. These things seem like really big issues to the people who are facing them, but for us, if you’ve been in practice for a couple years, you know generally how to field those questions.”

For newer lawyers, the Ask A Lawyer program not only provides a means for giving back to the community through pro bono service, but allows them to develop client-facing skills outside of their regular practice. Matthew Bissette, an associate attorney at Whitley Law Firm in Raleigh, has been a regular volunteer at the Ask A Lawyer program since its inception. “This is perfect for younger lawyers to get better, confident, and learn client-relationship skills,” Bissette says.

Wesleigh Vick, an associate at Howard, Stallings, From, Atkins, Angell & Davis, P.A., agrees. Vick, being a 2019 law school graduate, says she appreciates the client-facing interaction that the Ask A Lawyer program provides her as a newer attorney. However, she also feels that, having been lucky enough to go to law school, she has a responsibility to give back to her community and help people when she can.

Bissette echoed these sentiments. “You’re giving back to the community and you’re giving back to people that have probably been looking for a lawyer and can’t find somebody,” he says. “It just seems like a duty that we have. This is once a month. I can spare three hours once a month to help people,” Bissette says. “I feel like it’s the least I can do.”

Kathleen Putiri, a solo family law practitioner in Raleigh, also finds the program a valuable use of her time outside of everyday practice. “I think that it’s important that there’s accessible pro bono activities. As somebody who’s a solo [practitioner], I cannot help someone throughout their entire case,” Putiri says. “I just don’t have the free time to do that. So, a couple hours on an evening is really easy for me to do, to give back to the community without feeling like it’s too much of a burden on my free time or my work time.”

WAKE BAR FLYER

8

SECOND QUARTER 2020

FULFILLING A COMMUNITY NEED WITH SIMPLE GUIDANCE AND RESOURCE REFERRALS Stark says the Ask A Lawyer program is advertised to the public as a program that provides limited counsel on civil issues, which obviates addressing criminal matters that may impact an individual’s liberty interests. But, there are occasions when a patron asks a question that exceeds the scope of a volunteer’s legal knowledge or expertise.

“There’s no requirement that you have the perfect answer to every patron’s question if you’re a volunteer,” Stark says. “Even if we cannot provide a specific perfect answer for them right on the spot, I think a lot of these people just want someone to listen to them and hear what they’re going through.”

If a patron asks a question that the volunteer cannot answer or doesn’t feel comfortable addressing, the volunteer can consult with another volunteer or conduct some quick research on-the-spot (for this reason, volunteers are asked to bring their own laptop). Volunteers can also provide patrons with pre-printed resource sheets and guidance on how and where to seek further legal advice within their means.

Bissette knows first-hand just how happy patrons are to receive the resource referrals and general guidance. “If you don’t know anything and you can’t answer a question, there’s just so many resources; people are just happy to get that information,” he says. “Don’t worry about giving people the answers. They’re not going to be mad at you for taking three hours out of your time and trying to help them.”

BUILDING BLOCKS TO PROGRAM EXPANSION Although the Ask A Lawyer program is currently only conducted at two WCPL locations, the hope is that the growth and development of a broad volunteer base will lead to program expansion at other libraries within the county, Stark says.

Sarah Lyon, WCPL’s senior library manager for experience, works with the WCBA to promote the Ask A Lawyer program. “Ask a lawyer was developed to address an information gap, eliminating a barrier faced by many citizens in Wake County who require legal advice,” Lyon says. “The program is invaluable as evidenced by a consistent turnout that illustrates strong community need.”

The WCPL, in conjunction with Wake County’s Communications Office, promotes the program through social media campaigns on Facebook, Instagram and Twitter; signage in participating libraries; the WCPL website; and a televised graphic display at the Wake County Justice Center.

“We are thankful that volunteers with the Wake County Bar Association are generous with their time and can support an evening program,” Lyon says. “Our ability to offer free legal counsel on a regular and consistent basis* in the evening ensures that [patrons] can work the program into their schedule. This is a critical detail for individuals who work more than one job, go to school, have young children, or some combination of all three.”

The positive response to the Ask A Lawyer program is evidence that the community’s need for greater access to legal help is real, and it is a need that the WCBA can step up to meet. Try not to think of pro bono legal service as lost time from your billable day. Instead, think of it as an invaluable service to the greater legal community.

*At the time of this publication, all WCPL programs, including Ask a Lawyer, are suspended due to the COVID-19 crisis. Please regularly refer to the WCBA’s Events Calendar and WCPL website to monitor the return of this and other public service programs within Wake County. WBF

WAKE BAR FLYER

9

SECOND QUARTER 2020

WE ARE YOUR FIREWALL AGAINST CYBER ATTACKS. Cyber threats are on the rise. Phishing scams, hackers, data breaches. You and your clients are at risk.

Protection is here. Lawyers Insurance has state-of-the-art cyber products – so you sleep better at night.

Contact Lawyers Insurance today for more information, and learn how we keep you safe.

LAWYERS MUTUAL

www.lawyersmutualnc.com

919.677.8900 800.662.8843 WAKE BAR FLYER

LIABILITY INSURANCE COMPANY OF NORTH CAROLINA

10

SECOND QUARTER 2020

YLD NEWS

BY JEREMY R. WILLIAMS, WHITFIELD BRYSON LLP | YLD PRESIDENT

I HOPE THAT YOU ARE REMAINING SAFE AND HEALTHY during this public health crisis. Unfortunately, given the current stay-at-home order, we have canceled all in-person events scheduled for the coming weeks.

As most of us struggle to adapt to this new normal of practicing law from our homes instead of our offices, I also want to share three tips that have helped me and my colleagues maintain some sense of normalcy.

1. WORK THE SAME HOURS YOU TYPICALLY WOULD. If you normally work in your office from 9 a.m. to 5 p.m., do the same while at home (if these are your hours, most of your peers reading this may be jealous, so be thankful for your job). It can be easy to get distracted with small tasks around your home, but do your best during your “work hours” to set boundaries and limit yourself from getting distracted with household chores that normally wouldn’t get done while you are at work anyway.

2. TAKE CARE OF YOU. As lawyers, mental and physical health is always critical to our success but is often neglected. That’s never been more true for our profession than right now. If you regularly exercise, continue to do so! There are countless resources available online that are providing tips for transitioning your workouts from the gym to your house, and I encourage you to explore those if this is something you’re struggling with.

3. INTERACT WITH OTHERS (VIRTUALLY!). I’ve spoken with many attorneys over the past several weeks who have explained that their biggest struggle right now is the lack of social interaction. This is especially true for many young lawyers who may live by themselves, or are simply used to socializing regularly with friends, colleagues, clients and even opposing counsel. The best solution I have found so far for this problem is to change most of my conference calls to video conference calls. Even this virtual interaction with others makes this continued isolation feel less isolating. I’ve even had friends and colleagues set up virtual happy hours that have been a great way to feel less disconnected.

Finally, many of you have expressed interest in opportunities to donate or assist those in our community most affected by this crisis, and I welcome suggestions from any of you for ways that the YLD can leverage our talents and resources to help our community through these difficult times. Please continue to remain safe, heed the government’s orders and serve your clients to the best of your abilities. Feel free to reach out to me if there is anything I can do as your YLD president to help you through this. WBF

You know how it feels to be ready.

So do we. Let’s talk.

230 Fayetteville Street, Suite 100 919.723.2300 NMLS# 411971

WAKE BAR FLYER

11

SECOND QUARTER 2020

CAMPBELL LAW SCHOOL’S SERVICE ANIMAL PROJECT EARNS N.C. BAR ASSOCIATION AWARD AIMED AT HELPING THE COMMUNITY BETTER UNDERSTAND LAWS THAT EMPOWER PERSONS WITH DISABILITIES, THE PROJECT MAY BE UNIQUE IN THE NATION

BY LISA SNEDEKER | CAMPBELL LAW SCHOOL, COMMUNICATIONS & MARKETING DIRECTOR

PICTURED L-R: ELIZABETH “BROOKS” BARRETT WITH BAILEY; DEREK DITTMAR WITH HOWARD; AND CODY DAVIS WITH CLARK

CREATED IN 2015, THE SERVICE ANIMAL PROJECT seeks to increase access to facilities, services and opportunities for persons with disabilities by educating the public on the crucial role of service animals and the laws which protect service animal handlers. The project has been so successful, it even caught the eye of the N.C Bar Association, who honored it with its prestigious Law School Pro Bono Service Award in 2019.

In coordination with Disability Rights North Carolina, the project provides this education largely through community trainings for local businesses and organizations, including elementary school classrooms, the N.C. General Assembly and, significantly, restaurants including A Place at the Table.

Most law schools, including Campbell Law, have a Student Animal Legal Defense Fund (SALDF) that is dedicated to providing a forum for education, advocacy and scholarship aimed at protecting the lives and advancing the interests of animals through the legal system and raising the profile of the field of animal law.

However, the Service Animal Project appears to be unique. While the project’s organizers cannot say with absolute certainty, they believe the Service Animal Project is the only one of its kind at a law school in the nation. Certainly, it is a rarity, despite the great need.

“For many individuals with disabilities, a service animal is key to maintaining independence and participating fully in society,” says Cody Davis ’18, the Wallace Public Service Fellow who helped start the Service Animal Project when he was a student. Davis is blind and is rarely without his service animal, Clark, a tan labrador.

“While it’s true that federal, state and local laws protect the rights of persons with disabilities who use service animals for this very reason, these laws can be

WAKE BAR FLYER

12

confusing and sometimes abused to the detriment of people with disabilities. The Service Animal Project aims to end that confusion.”

Adds Derek Dittmar, 2019 project coordinator and recent graduate, “As anybody with a service animal can tell you, being refused service, or treated differently because of your service animal is a truly devastating and dehumanizing experience.”

Dittmar is also blind and uses a service animal, a black labrador named Howard.

“One of the highlights of my law school career has been serving with the Service Animal Project, culminating in my coordination of the project this year,” Ditmar says. “I am so thankful for our project members, pro bono leaders on campus, faculty and staff support, and everybody else who is continuing to ensure that everyone in North Carolina understands the rights and responsibilities associated with service animal use. I’m also incredibly thankful to my best friend, and guide dog, Howard, who continues to open up a world of possibilities every day. This one’s for you, buddy.”

The program has also made a significant difference in the life of Elizabeth “Brooks” Barrett, the student director of the 2018-19 Campbell Law Pro Bono Council. She is currently training 5-month-old Bailey, a golden retriever, to be her service animal.

“I learned a great deal about what service animals are, how they make a huge difference in the lives of their handlers, and why it is important to protect the rights of service animal teams,” Barrett says. “It was this personal edification and involvement that influenced my decision to obtain a service animal for my medical needs. I did not make this decision lightly, and it has been a long process spanning over a year for me to receive my service animal-in-training, Bailey. She has already improved my life in ways that I could not have ever imagined.” WBF

SECOND QUARTER 2020

DIRECT EXAMINATION: CODY DAVIS PROGRAM EVALUATOR, NC GENERAL ASSEMBLY

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

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

I wanted to be a judge. I am not sure what led me to that conclusion in elementary school, but my aspirations have not changed much since then.

9. What is your favorite book?

I am very much looking forward to that surprising turn in my career.

“David and Goliath: Underdogs, Misfits, and the Art of Battling Giants�

by Malcolm Gladwell 10. What is your most marked characteristic?

The first thing people almost always notice about me is that I am blind. It just happens to be what people notice first, so I think it is probably my most marked characteristic.

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

Persistence 3. Who was your favorite teacher and why?

11. What is your hidden talent?

I have been fortunate to have had so many talented and dedicated educators, both teachers and administrators. If I had to choose one, I would pick my V.I. teacher, Kerri Smith. It was not easy learning to read and write all over again in my sophomore year using Braille, but Ms. Smith was the exact kind of person I needed to make it possible.

I think I am pretty good at making models of various architectural designs. Even if I am not very talented, it is still so much fun.

4. Did you love or hate law school?

12. Who are your real-life heroes?

People who do everything they do for the betterment of someone else, no matter how extraordinary or inconspicuous the act may be.

If you had asked me in the midst of a particularly difficult semester, I would have 13. When and where were you happiest? said I hated law school. Overall, however, I loved it. I recall sitting in my first class after returning from my 1L holiday break and realizing how happy I was to be back I hope my answer to this will always be: Right here, right now. Life is good, and I am sure it only gets better. where I belong studying law.

5. What was your most embarrassing courtroom experience?

My first time representing someone in a domestic violence hearing was my most embarrassing courtroom experience. Fortunately, I had great mentors and a great judge.

6. What was your best courtroom experience?

My most embarrassing courtroom experience was also my best. It was my best because it showed me that I am a capable lawyer and helped me to cast aside any self-doubt.

7. Why did you become a lawyer?

I am a lawyer because I love the law and because I recognize the power of the law to make positive changes in the lives of individuals and generally make the world a better place.

WAKE BAR FLYER

13

SECOND QUARTER 2020

NEED SOME FRESH QUARANTAINMENT? PRINT OUR WAKE COUNTY DISTRICT COURT JUDGE WORD SEARCH OR CLICK TO PLAY ONLINE!

WAKE BAR FLYER

14

SECOND QUARTER 2020

LEGAL HEROES NEEDED LEGAL AID OFFERS MEANINGFUL PRO BONO OPPORTUNITIES FOR EVERY LAWYER

BY DAVID M. WORMALD JR. | PRO BONO TEAM LEADER, LEGAL AID OF NORTH CAROLINA

EVERY TWO-AND-A-HALF MINUTES, an impoverished family contacts Legal Aid of North Carolina in need of help with civil legal issues. With the help of pro bono volunteers, Legal Aid assists thousands of low-income families and individuals, whose legal needs would otherwise go unmet, by providing services that range from answering legal questions to complex litigation.

Unfortunately, each year there are more than 100,000 individuals that Legal Aid cannot assist due to limited resources. Every day, families are evicted from their homes and preyed upon by opportunistic fraudsters who exploit the laws to marginalize communities left vulnerable by poverty. The good news is that private attorneys can step in to help provide access to justice!

The opportunity to make an impact by dedicating an hour each month is huge, and you might be surprised to learn just how accessible pro bono is through Legal Aid. Volunteers who choose to participate are supported by Legal Aid through full malpractice coverage, free webinar CLEs, and ongoing support and mentorship by experienced Legal Aid attorneys and staff. It will never feel like you are providing these pro bono services alone.

Even with limited experience in the types of law that Legal Aid handles, flexible pro bono programs allow private attorneys to choose how to use their legal expertise and to get involved in a variety of ways. For example, a patent attorney remotely assisted a single mother and survivor of domestic violence with a car maintenance issue that threatened to disrupt her family’s quality of life. The volunteer successfully researched and explained the process of suing a fraudulent mechanic in small claims court to recover the cost to repair the client’s primary means of transportation.

Through this simple but impactful assistance, the pro bono volunteer prevented Legal Aid’s client from losing her job, a high risk for rural clients lacking transportation, thus preserving her tenancy and maintaining stability for her family. As evidenced by this example, volunteers can impact clients’ lives with simple research and advice.

If you’re not a current volunteer, please consider joining Legal Aid’s efforts to empower and uplift the most vulnerable among us by using your legal expertise to help.

Many lives could be impacted with a small monthly time commitment to one of our flexible pro bono programs and providing services such as remote legal advice, representation and litigation, brief service via phone calls, or sending demand letters.

Pro bono service through Legal Aid does not require a long-term commitment, and signing up is as simple as providing us with your name and contact information.

Once you sign up, we will give you a call when a client in your area is in need of assistance. From there, the decision of whether or not to get involved is yours.

The mere presence of an attorney can make a world of difference for clients in the midst of personal hardships. Will you take this opportunity to be someone’s hero? WBF

WAKE BAR FLYER

15

SECOND QUARTER 2020

THE PROFESSIONAL SIDE OF SCOUTING ONE WCBA ATTORNEY’S 30-PLUS YEARS OF DEDICATION TO SERVICE BEYOND THE PRACTICE OF LAW

BY BECKY BERRY JOHNSON, LEXIPOL, LLC | WAKE COUNTY BAR FLYER EDITOR

1966: SCOUT MASTER FUTRELL AS A YOUNG BOY SCOUT (FRONT ROW, FOURTH FROM LEFT)

IF SUCCESS IS MEASURED BY THE IMPACT A PERSON has on other peoples’ lives, then Archie W. Futrell III is the most successful person I know. Futrell has practiced law for 42 years in Wake County and served on the WCBA Board of Directors. But it is his service outside of the practice that has had perhaps the greatest impact on others.

For the past 30 years, Futrell has served as scoutmaster to Troop 207 of the Boy Scouts of America. In case you’re not terribly familiar with the BSA, that’s 30 years of Troop meetings every Monday night; 30 years of monthly camping trips, no matter the weather; 30 years of weeklong Scouting camp in the summers; and 30 years of commitment to teaching a revolving door of youth without ever receiving a paycheck.

Futrell, like many other kids, joined the BSA because he loved hiking, camping and all that comes with those outdoors activities. But Futrell learned lessons from Scouting that extended beyond the outdoors and into his career as an attorney.

“I learned so much from my scoutmaster, Carroll Sasser. Not just about camping, hiking and other scouting skills, but about so many life skills — how to live and work with others; how to motivate other Scouts to get things done; and certainly how to lift up younger Scouts and push them to become successful leaders themselves,” Futrell says. “I learned about the importance of enthusiastic leadership and positivity.”

Futrell attributes his ease in the courtroom to public speaking skills learned as a Boy Scout and while serving as a scoutmaster. “When I started as an attorney, I felt generally relaxed presenting cases to the judge since I had been making almost weekly presentations [through Scouting] since I was 14,” he says.

That’s because the wealth that one acquires from that kind of commitment comes in a different form. In January 2020, Futrell received what can only be described as the most prestigious merit badge one could hope to achieve in the world of Scouting — the dedication of the Grand Fireplace at Camp Durant in Moore County in his name, in shared honor with his own scoutmaster, R. Carroll Sasser.

During his 30-year tenure as scoutmaster, Futrell graduated 100 Eagle Scouts, the highest rank obtainable by any Boy Scout. It is this achievement of which Futrell is most proud. But it is only with this recent dedication that Futrell learned just how much his years of service made a positive impact on his Scouts and their families.

WAKE BAR FLYER

A CHILDHOOD INTEREST LEADS TO A LIFETIME OF SERVICE

16

After becoming an Eagle Scout in 1969, Futrell continued with Scouting for nine years as assistant scoutmaster to Sasser. He assumed the role of Troop 207’s scoutmaster upon Sasser’s retirement, building a team of 10 assistant scoutmasters of his own. As Futrell’s retirement as scoutmaster drew near, one Eagle Scout made it his mission to honor both Futrell and Sasser for their combined years of service.

SECOND QUARTER 2020

A GRAND DISPLAY OF THANKS Scott Ogle earned his Eagle Scout in 1991 under the tutelage of Sasser and Futrell. Although he lost touch with Futrell after his own Scouting days ended, Ogle carried the lessons he learned into his working life as CEO of a 300-person software company. After 10 years in such a high-pressure position, Ogle found himself in transition following the sale of that company.

Like most people who find themselves with extra time to think, Ogle found himself reflecting on the path that led him to running a successful business as a CEO. That path, it happens, was paved by the lessons learned from Scoutmaster Futrell.

Ogle says it takes getting older and more experienced to really understand the magnitude of the lessons learned during those Scouting years. “No one trains you to be a CEO. But, there wasn’t a day that went by that I didn’t lean on training from Scouting in running a 300-person software company,” Ogle says. “That’s the professional side of it that I got from Scouting. The best leaders lead by example. I still, today, use Archie [Futrell] as a benchmark to compare myself against.”

GRAND FIREPLACE: SCOUTMASTERS SASSER AND FUTRELL IN FRONT OF THE GRAND FIREPLACE DEDICATED IN THEIR HONOR

When faced with a challenge, Ogle says he ponders his own decision-making with: How would Archie have done this? “It was just a positive calmness that he would always have when dealing with crises. That’s important to learn when you’re 14,” Ogle says.

This kind of reflecting also got Ogle thinking: There must be other Scouts whose lives have been similarly impacted by the lessons learned from Futrell and his predecessor. And, he was right. Ogle initiated a campaign that raised more than $100,000 for the purpose of honoring Futrell’s contributions as Troop 207’s scoutmaster, alongside Sasser.

“The amount of time and sacrifice — it makes me feel like: What have I done for anybody? It’s just amazing how many people this has touched; that is what is so staggering about it,” Ogle says of the seven decades of combined service by Futrell and Sasser.

RETIRING AS SCOUTMASTER DOESN’T MEAN RETIRING FROM SCOUTING

SCOTT OGLE (EAGLE, ’91) AND SCOUTMASTER FUTRELL. OGLE SPEARHEADED THE FUNDRAISING CAMPAIGN FOR THE GRAND FIREPLACE DEDICATION IN FUTRELL’S HONOR.

The fundraising and dedication to Futrell’s service with the BSA has led to a bittersweet retirement as Troop 207’s scoutmaster. “This really does mean a lot to me,” Futrell says of the Grand Fireplace dedication. “I’m humbled and proud and excited, all at the same time.”

Despite his retirement as scoutmaster, Futrell says he will stay involved in Scouting because he believes so strongly in the benefits of Scouting and today’s youth. More than 30 years of service is certainly a testament to that. WBF

ALL ABOUT SCOUTING: FUTRELL (FRONT, CENTER) WITH SCOUTS AFTER AN ACCOMPLISHED TOWER BUILD

WAKE BAR FLYER

17

SECOND QUARTER 2020

WORKING FROM HOME: PET PICS MANY OF OUR MEMBERS HAVE GAINED NEW CO-WORKERS OVER THE LAST FEW WEEKS!

CARTER NAN HANNAH

KYLE MELISSA L. FLANAGAN

EDELWEISS & ROARY WHITNEY VON HAAM WAKE BAR FLYER

ASHBY DEBORRAH L. NEWTON

ANASTASIA BEAVERHAUSEN HOLLY TAYLOR

MILO DEBORRAH L. NEWTON

FRIDA & DALTON NICOLETTE FULTON

EMMA FRED MORELOCK 18

ICE CREAM ELYSIA P. JONES

KARMA MELISSA L. FLANAGAN

SASHA NAN HANNAH

JAKE CARMEN BANNON SECOND QUARTER 2020

FIGHT (FOR) YOUR CLIENTS

BY DEONTE’ THOMAS | WAKE COUNTY PUBLIC DEFENDER’S OFFICE

SPOILER ALERT: LAW IS A STRESSFUL OCCUPATION. It causes anxiety like no other job, and the physical and mental rigors of practice can push you to the brink. Even when that happens, it is rarely wise to get in your client’s face. Trust me, I know.

Now let me back up and set the scene. On a Sunday afternoon, I went to the Wake County Detention Center to speak with my client, who was charged with a serious, violent crime. The case against him was strong, but not insurmountable.

As I laid out the facts of the case for my client, I told him couldn’t promise him that he was going home. I discussed the case with him at length and all of his options.

Rather than discuss the plea, he told me that I was the worst lawyer in existence and demanded that I bring him to court immediately so he could fire me and represent himself. The next day, in front of a packed courtroom, he told the judge that I was a racist(note: we are both black) because I told him, “We are probably going be the only two black people in the courtroom,” and that he needed to consider the reality of his race and how it will factor into the outcome of his criminal case.

My client could not handle this unfortunate reality. Rather than rely on my years of experience as a trial attorney and certified specialist in criminal law, my client informed the judge that he wanted to fire me for what he described as my “keeping it real.”

Mere days later, with Mr. Pro Se’s actions still heavy on my mind, I saw another young man that I represented on a serious drug charge in court. As I approached him, I gave him an acknowledging head nod, but continued on because he was in the middle of a conversation with another one of my clients.

After I passed him by, but intentionally loud enough to make sure I heard, the former client said, “He ain’t sh*&! I had to fire that MF’er and go get a real lawyer!” My other client immediately began to debate him about my merit and defended me as a knowledgeable and skilled attorney.

The derogatory and flippant line from my former client will be familiar to anyone that has ever practiced court-appointed work. Statements like those simply come with the territory. I am positive that soon after the work of Clarence Gideon made it possible to have an appointed lawyer, his cellmate was trying to figure out how to fire his assigned counsel.

I refrained from responding to these types of remarks numerous times, but this morning felt different. I reflexively raised my voice and dared him to say it again.

Seeing as how I had a good six inches and at least two weight classes on this guy, he declined to do so. That was not my finest moment. I knew in that moment there was a better choice to make, but for some reason my emotions got the best of me.

I was offended by the fact that my client didn’t consider attorney-client confidentiality to be a two-way street. In any event, he was allowed to proceed pro se.

WAKE BAR FLYER

Apparently my candor had shaken this man’s opinion of the criminal justice system to the point where he thought it best to proceed alone. I was annoyed and felt slighted, but such is life as a public defender.

19

SECOND QUARTER 2020

FIGHT (FOR) YOUR CLIENTS, CONTINUED

BY DEONTE’ THOMAS | WAKE COUNTY PUBLIC DEFENDER’S OFFICE

I returned to my office still fuming about the situation. This surprised me, as this is not my typical demeanor. I am generally an even-keeled and composed person.

Even a reporter once wrote that I was “extremely affable and gregarious.” And after I googled those words, I agreed. This was not one of my affable days.

I vented to my coworkers. The first attorney I complained to is not only my professional advisor, but also my marriage counselor and life coach. I told him what occurred and how I had not always had a temper. He wisely observed that because I now have a 2-year-old toddler and an infant in the house, my “patience tank” is well-depleted and I’m not as willing to use what little remains on grown men.

He is exactly right — lawyers are defined by their skill set alone, but by their ability to effectively navigate taxing choices in professionalism. It is easy to forget how similarly draining family life can be. (For the record, I love my family, but we all know that life at home can be exhausting with young children. After all, I’m the lawyer who gets fired for telling my client the truth, as opposed to what they wanted to hear.)

It was at this point in the conversation that another coworker chimed in, “I think it’s because you try to be everyone’s friend.”

That statement took me aback, and even hurt. Isn’t that what we are supposed to be? I like to talk to people, engage with people, and know them. I’m the same with my clients. Being true to one’s own nature is an asset to a lawyer. Judges and juries see through it when you try to sell them something that you don’t believe. I was taught this important lesson early on in my professional career.

After graduating from law school, I began working at the Fair Trial Initiative in Durham practicing death penalty work. The unofficial motto there was, “Be your client’s friend.” This meant getting to know them, getting to know what their goals were professionally and personally, and getting to know their family well enough to recruit them as an ally in pursuing your client’s best interests.

We were often the main, and sometimes only, point of contact for our clients facing the death penalty. Often, the only decision in that client’s control was whether they would accept a penalty of life in prison or gamble with going to trial. In those situations, you are talking to someone about spending more time in jail than they have been alive. The gravity of these decisions cannot be underestimated.

In those moments, an attorney must rely on their credibility, expertise and rapport so the client can make an informed decision. In those moments, it makes a significant difference if the client considers his attorney a friend, a person they can trust and respect, someone who knows them and cares about their future.

The client’s belief that you are sincerely looking out for their best interests is just as important as impressing them with your legal acumen. (I firmly believe that my ability to convince a sheriff’s deputy to allow my client to listen to 2Pac with me on my iPod is the only reason that one of my former clients accepted a plea offer in one of my capital cases.)

I have also seen the importance of friendship, candor and rapport play out in my personal relationships. Shortly after graduating from law school, one of my best friends from college, Jay, got into legal trouble. Jay is a genuine person and one of the nicest people you’ll ever meet. However, snap decisions put him in a position of being charged with a serious crime. It also put me in the position of seeing one of the most dependable people in my life sitting behind bars, when only the week before he had been sitting beside me in a Starbucks studying for the LSAT.

WAKE BAR FLYER

20

Jay applied for court-appointed counsel and was appointed one of the most well-known attorneys in Wake County. Initially, I was happy that a high-profile attorney had been assigned to a person I considered to be a brother. However, it quickly became apparent that some “big-time” attorneys were not trained the same way I was at FTI. I visited Jay in jail constantly. His attorney, however, barely saw him at all. The only person from the firm who visited Jay was an associate who, just like me, was fresh out of law school. The lead attorney did not spend any time with Jay. He didn’t build a rapport, and he never learned who Jay was as a person. He simply didn’t care.

When it came time for Jay to consider a plea, he relied on me to communicate the offer to him. And when it came time for Jay’s sentencing, his attorney read a letter written by one of Jay’s friends rather than formulate his own argument based upon his knowledge of Jay’s life and circumstances. To make matters worse, the attorney passed off the letter as his own argument.

While it was a great letter, full of anecdotes about Jay that showed the full breadth and depth of Jay outside of the worst mistake that he made in a fleeting moment, the words came across as hollow because the attorney clearly did not know Jay. The words were devoid of meaning because the attorney never attempted to know Jay and earn his trust. I know it’s not feasible to establish a genuine relationship with every client. There will be many clients with whom we only spend one or two meetings, but it is imperative that a lawyer build a rapport with the client. In doing so, the client will be more likely to heed the advice of his attorney.

Good lawyering demands that. Professionalism demands that.

Your personal knowledge of your client will make your arguments more compelling to the judge, jury or in negotiations with the prosecutor. You can show the court, prosecutor and jury that your client is more than the worst moment in his life.

Just the other day I was in the Cameron Village Harris Teeter when I heard someone yell my name from another register. To my surprise, it was Mr. Pro Se, the client that cursed me out and fired me in front of a room full of people months earlier. He was giddy to tell me that he was enrolled at Wake Tech and studying Information Technology. He was now vegan.

Mr. Pro Se asked how my kids were. I asked how his Mom was doing (she had cursed me out, too). Here was a man that truly hated me just a few months ago, but there we were, catching up like old friends.

After leaving the store, I followed up on the case to assess Mr. Pro Se’s legal acumen. Not surprisingly, he accepted the same offer that I worked extremely hard to get for him. The major difference being that he sat in jail unnecessarily for several more months because he thought he knew better.

I left that conversation feeling thankful that he recognized that I was always working for his best interests, even if he didn’t see it then. I’m certain there will be times in the future that I will want to get in my client’s face, but at least they will know that I will always fight for them. WBF

SECOND QUARTER 2020

|

WELCOME NEW MEMBERS Gregory Moss Elizabeth Myerholtz | Disability Rights North Carolina Ashley Payne Ratliff | NC Department of Insurance David Peters Emily Polanco-Barahona | State Employees’ Credit Union Jennifer Porter | NC State Bar Eric Rainey Margaret Ramseur | Wyrick Robbins Yates & Ponton LLP Carrie Randa | IQVIA RDS Inc. Stephen Rawson | Tharrington Smith LLP Stefanie Rodriguez | Hedrick Gardner Kincheloe & Garofalo LLP Sheldon Schenck | Conner Gwyn Schenck PLLC Brooke Scott Claire Scott Peter Singh | Fourscore Business Law Lindsey Smith | North Carolina Innocence Inquiry Commission Juan Sosa | Lawyers Mutual Liability Insurance Co of NC Holly Stott | Hedrick Gardner Kincheloe & Garofalo LLP Justine Tate | Phelps Dunbar LLP Jeremy Taylor Morgan Thomas | Raleigh Divorce Law Firm Pamela Vesper Gina Von Oehsen Warren Weatherspoon | Younce Vtipil & Baznik PA Claude Wilson | Hedrick Gardner Kincheloe & Garofalo LLP Solomon Wisenberg | Nelson Mullins Riley & Scarborough LLP Katarina Wong | Brooks Pierce McLendon Humphrey & Leonard LLP Melvin Wright | NC CJCP Thomas Zamadics | Ward and Smith PA Jonathan Zator Christopher Allen Charles Archie | Wyrick Robbins Yates & Ponton, LLP Corinne Fowler Mathew Groseclose | Polsinelli PC Amanda Hawkins | McGuireWoods LLP Brian Holland | Global Knowledge Training LLC Emily Neuhauser | Parker & Lynch Legal Marquita Pittman | Legal Aid of NC David Rhoades | Cranfill Sumner & Hartzog LLP Preston Rollero | Hedrick Gardner Kincheloe & Garofalo LLP Neil Saunders Stephen Schanz | Solo Practitioner Daniel Segal | RTI International Daniel Strong | Teague Campbell Dennis & Gorham LLP Elizabeth Sydnor | Sydnor Law Firm, PLLC

Marianne Abely John Apple Gretchen Aycock | NCDHHS Adam Banks | Michael Best & Friedrich, LLP Veronica Barkley | Williams Mullen Daniela Benton | Brown Immigration Law James Bobbitt | Brooks Pierce McLendon Humphrey & Leonard LLP Margarete Boyce | Dysart Willis PLLC J. Boyd Blake Boyette | Stubbs & Perdue, P.A. Keith Boyette | Anderson Jones PLLC Maria Brown | NC State Bar Wes Camden | Williams Mullen Tien Cheng Suzanne Chester | Legal Aid of NC Margaret Cloutier | NC State Bar Joonu-Noel Coste | Disability Rights NC Susannah Cox | NC State Bar Alexia Dominguez | Smith Dominguez, PLLC Christy Dunn Lindsey Fernald | Vann Attorneys PLLC Joseph Fields | Manning Fulton & Skinner PA Julee Flood Elizabeth Foley Lauren Fussell | Williams Mullen Skylar Gallagher | Brown Crump Vanore & Tierney LLP Martha Geer | Whitfield Bryson & Mason, LLP Mary Goode | McGuireWoods LLP Alexander Gormley Joshua Gray | Michael Best & Friedrich LLP Joel Hardison | Hardison & Cochran Jeremy Harn Andrew Hathaway | Whitfield Bryson & Mason, LLP Alexander Hentschel | Moore & Alphin PLLC Martin Hodgins Julia Hoke | NC State Ed Assistance Authority William Johnson Emily Kim | Disability Rights NC Eva Lee | Ethical Tax Planning Jeremy Locklear | Hedrick Gardner Kincheloe & Garofalo LLP Marjorie Lynch | U.S. Bankruptcy Court Anil Makhija | Parker Poe Adams & Bernstein LLP Perry Mastromichalis | Law Offices of Perry Mastromichalis James McLamb | Envirolink, Inc. Joseph Morahan | Mayne Pharma Inc. Yasmin Morton Moses | The Morton Law Offices, PLLC

WAKE BAR FLYER

21

SECOND QUARTER 2020