Third Quarter 2024 | Wake Bar Flyer

NC Sports Betting: New Rules in the Game..............................8 ___________________________________

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VOL. LXII • ISSUE 3 | THIRD QUARTER 2024

BAR FLYER PRIORITIZE AND PROMOTE LAWYER WELLBEING

BY SARAH PRIVETTE | PRESIDENT WAKE COUNTY BAR ASSOCIATION OUR COMMITMENT TO JUSTICE, the rigorous demands of our work and the high standards we set for ourselves often place immense pressure on us. It is crucial that we prioritize our wellbeing to maintain not only our personal health but also the integrity and efficacy of our profession Attorney well-being is not a luxury, it is a necessity. A healthy attorney is more effective, more ethical and better equipped to serve clients and uphold the principles of justice. Prioritizing well-being leads to increased productivity, job satisfaction and a more positive work environment. That all sounds great but what does that mean in practicality? If you are like me, you love an outline. An outline makes me more efficient and helps me prioritize the most important parts of anything that I am working on. I put forth today an outline of the ways I have worked to promote well-being in my own life to make me a better lawyer, mother, spouse, friend, teammate and sister.

1. PRIORITIZING MY MENTAL HEALTH AND FINDINGS WAYS TO ENSURE MENTAL HEALTH IS SUPPORTED. What does that mean? Being open and honest about my mental health. Having discussions with my friends, my spouse or my colleagues about when things are not going well are makes a huge difference. We are all under an immense amount of stress. There is also a stigma around having to say everything is okay all the time. When we run into a friend, the first question they ask is how are you? If you think about it, I bet most of us respond, fine or good most of the time, even during those times when we are not fine.

By being honest and saying when you need help, when you are sad, when you are overwhelmed or anxious allows you create an environment that promotes honesty and allows others to say how can I help and for you to be able to do the same. It also helps those around you know when things are out of the norm and can have what can be tough conversations about mental health or get you plugged into resources that can help.

2. WORK LIFE BALANCE. This phrase has always driven me a little nuts as I don’t truly believe there is such thing as a work life balance. I say that because nothing is ever perfectly in balance. Sometimes work in the priority and things at home slide like getting the laundry put away, missing a field trip or making a home cooked meal. Sometimes home is the priority as there are 15 games, practices and events that happen in the same week. Being in a workplace that recognizes that life happens makes all the difference. When there is a balance between getting your work done and doing the rest of life in a workplace that allows flexibility in how days are structured. By not having to be at my desk at a certain time and flexibility as to where I work allows me to better manage all of the facets of my life. Time management skills make a huge difference in what I am able to achieve in a day. Time management is a skill that I am thankful I learned early in life. By being able to prioritize, work block my calendar and realistically know how many things I can build into my day makes it easier to not get overwhelmed.

3. PHYSICAL HEALTH. Anyone that knows me knows I enjoy doing all things that involve physical activity. I love running, I play hockey, I swim with my kids, I will trash talk the junk out of a pickleball game. We all have busy schedules, and it is way easier to sit at our desk, get home exhausted and be put off by the idea of then working out. There are three ways I have found that I can ensure that I stay actives, which for me is the biggest thing that keeps my mental health in check. First, working out is a routine. It is part of my lifestyle. Having physical activity as part of my routine makes it feel not like a chore but an accomplishment. Two, I get up early. I am good at finding excuses when I need to. If I choose not to work out at the beginning of the day, I can always find an excuse, or something comes up that manages to prevent me from getting it in at the end of the day.

Three, giving myself grace when I really can’t make it work. In a perfect world I would get paid to work out every day but in this world my job is being a lawyer and, in the weeks, where the work outbalances the life sometimes working out just doesn’t happen in the way I want it to. I must remind myself that I can always reset the next day or the next week.

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UPCOMING EVENTS WCBA August Lunch Dine-Arounds Tuesday, August 6 at 12:15 p.m.

Campbell Connections Mentorship Interest Meeting Wednesday, August 7 at 5 p.m. eCourts Technology Basics CLE Friday, August 16 at noon Breakfast Discussion Series: Wage & Hour Update CLE Wednesday, August 21 at 7:30 a.m.

Driver’s License Restoration Clinic Thursday, August 22 at 3 p.m.

Lawyers Wellness Nature Gathering & Social Thursday, August 22 at 5:30 p.m.

INSIDE THIS ISSUE 2 A NOTE FROM THE EXECUTIVE DIRECTOR 4 2024 WCBA FOUNDATION SCHOLARSHIP WINNERS & COMMUNITY GRANT RECIPIENTS 5 LAWYER WELLNESS: THE WCBA’s REVAMPED COMMITTEE 6 BEEN THERE, RAN THAT 7 MEET ME AT THE CREEK 11 DIRECT EXAMINATION 12 WELCOME NEW MEMBERS 12 WE ARE SURVIVORS 14 LAW WELL-BEING

Visit our website: www.wakecountybar.org 919.677.9903 phone

WAKE BAR FLYER

VOL. LXII | No. 3 | THIRD QUARTER 2024 Presidents SARAH PRIVETTE, WCBA JAMES HASH, TENTH J.D. BAR Presidents-elect KIMBERLY TURNER MILLER, WCBA JAKE EPSTEIN, TENTH J.D. BAR Secretary TIFFANY COX Treasurer ELYSIA PRENDERGAST-JONES Immediate Past President JUDGE ASHLEY PARKER, WCBA & TENTH J.D. BAR Board of Directors KRISTEN L. BEIGHTOL DAVID R. BOAZ TARA CHO APRIL GIANCOLA JORDAN GROSS JESSICA HEFNER LEANOR B. HODGE JOHN HOOMANI GABE JIMENEZ JOSUE JIMENEZ ERIKA N. JONES JENNIFER M. JONES DEAN J. RICH LEONARD (EX OFFICIO) WILL OWENS STEPHANIE N. ROBINSON KENDRA STARK JUDGE CHRISTINE WALCZYK Young Lawyers Division President CARLY G. BAKER Executive Director WHITNEY D.G. VON HAAM Communications Manager AMY DAVIS Wake Bar Flyer Designer ANNE R. STRICKLAND Tenth Judicial District Bar Councilors JULIE L. BELL WALTER E. BROCK, JR ASHLEY H. CAMPBELL NANCY L. GRACE EVIN GRANT KIMBERLY A. MOORE JUDGE ROBERT B. RADER WARREN T. SAVAGE

© 2024 Wake County Bar Association & Tenth Judicial District Bar.

A NOTE FROM THE EXECUTIVE DIRECTOR

BY WHITNEY VON HAAM

SOME OF YOU have heard me make the joke that I’m not a lawyer because my dad told me to be “anything but a lawyer,” and here I am: being anything but a lawyer!

In all honesty, my dad has said that phrase to me many, many times – until I was a senior in college at which point he asked me, “have you thought about law school?” Although, I did briefly consider going to law school, the truth of the matter is that I had watched my dad throughout his career remain generally discontent with practicing law. Somewhat early in his career, he became the managing partner of a small, Lancaster (Pennsylvania)-based firm that had roots back to the mid-1700s. The weight of responsibility that he carried on his shoulders was heavy, and he survived on a fair number of Rolaids and a daily stop at his local watering hole.

However, even as he became more disenchanted with practicing law, he found himself reaching into other passion projects and interests that helped to supplement his professional endeavors…which is what brought him to an open call by the Pennsylvania Boxing Commission when they were looking for new professional boxing judges. After judging three fights on a provisional card, he was hired to judge his first bouts, and later became licensed in Delaware and New Jersey, too, eventually becoming a requested judge known for fairness and pulled into a number of championship fights.

Sometimes, after a few days of the grind of his law practice, he’d set off on Thursday afternoon to either the Poconos or outside of Philadelphia. He was a regular on USA Boxing broadcasts, and Michael Buffer of “Let’s Get Ready to Rumble” fame has even called out his name a number of times. My dad became well known and well liked in mid-Atlantic boxing circles, and he even had the chance to introduce me to Smokin’ Joe Frazier, who told me that my dad was a really great guy.

I guess the moral of my story is that practicing law is not for the feint of heart, and for some, it doesn’t bring the fulfillment that you may have dreamed of back in law school. However, it may be enough to follow your heart in a different direction, while still maintaining your practice. It provided a much-needed outlet for my dad, and my hope is that it can do the same for you. WBF

LAWYER WELLBEING, CONTINUED 4. PROFESSIONAL DEVELOPMENT. This may seem like a weird thing to include in an article about promoting well-being, but the reality is when I am learning and growing, I am fostering my well-being.

There is nothing that scares me more than the thought of having to do the same thing day in and day out or being stagnant. Finding new ways to connect with colleagues, tackling new cases challenges, or better educating myself through CLEs ensures that I strive to be a better lawyer every year.

5. HAVING A SUPPORTIVE WORK ENVIRONMENT. For me what I do for a living is equally as important as where I do it. The reality is as attorneys we deal with tough situations, demanding clients, tight deadlines and stress. For me having a workplace that I love going to every day is key, along with working with colleagues who make me laugh when the day has turned into a dumpster fire. Colleagues who aren’t solely worried about punching a clock and who are willing to support each other is imperative to my well-being. Being in an environment that shows respect to everyone who works there, is inclusive in their thinking and mutually supports me as much as I support it, is not something that I am thankful for every day. When everyone buys in to a work culture that is supportive of each other (even as we operate in a profession that is by its nature adversarial), values and respects those in the workplace and finds ways to support its members, is the workplace that will find its employees in a better place mental health-wise than those that do not. I am fortunate that throughout my career, I have been able to work in firms that had a supportive culture and respected what I wanted to do in my career.

I urge you to consider what you are actively doing in your life and practice each and every day to not only promote your individual well-being but the well-bring of your colleagues and friends. By doing so, we can create a more sustainable, supportive, and effective legal community. Our profession demands a lot of us. It is imperative that we take care of ourselves so that we can continue to serve our clients with integrity, respect, and excellence. WBF

WCBA FOUNDATION AWARDS SCHOLARSHIP WINNERS IT IS THE HONOR of the Foundation Scholarship Committee to award two deserving local law students the 2024 WCBA Foundation Scholarship. Committee members faced the difficult task of choosing two recipients from among a group of very deserving students. This year’s winners rose to the top. They joined us at the July Luncheon to each receive $4,000 to continue their education.

Juliana (Jules) Micchia is currently pursuing both her law and business degrees in UNC’s joint program. Jules grew up in Wake Forest, and chose UNC for her bachelor’s degree, majoring in political science and peace, war and defense. During her undergraduate time, Jules was a Division 1 athlete for women’s rowing, the 2021 Athletic Director Scholar-Athlete, the Buckley Public Service Scholar and Phi Beta Kappa. In addition to keeping up with her law and business Jules Micchia & Jennifer Woy school studies, Jules has also served as the vice president for Women in Law and co-president for the Sports and Entertainment Law Association.

Jennifer Woy is a rising 3L at Campbell Law School where she has earned three book awards: Nonprofit Organizations, Advanced Legal Research and Estate Administration. Jennifer has called Wake County home since 2013, and states that she can’t imagine living in a better place because the culture, support systems and work opportunities are so abundant. Prior to law school, Jennifer served as a paralegal at several Wake County firms, including Chambers & Ennis PLLC and Brady, Morton & Cobin, PLLC – She has even been a long-time volunteer for the NCBA’s Wills for Heroes efforts. Last summer, Jennifer served as a summer associate at Wyrick Robbins, and this year has been a research assistant for Professor John DeStefano.

Your donations to the WCBA Foundation make these scholarships possible. Thank you and congratulations to Jules and Jennifer. WBF

2024 WCBA FOUNDATION GIVES 2024 COMMUNITY GRANTS The WCBA Foundation has success fully concluded its second annual Community Grants program, surpassing its ambitious goals. Thanks to the overwhelming generosity of WCBA members, the Foundation not only met a $20,000 matching gift challenge but exceeded it by an impressive $17,000.

This year’s grant recipients, the Wake County Legal Support Center and The Child’s Advocate, each received $30,000, given at our July luncheon.

These organizations play vital roles in providing legal support and advocacy for vulnerable populations in Wake County.

The WCBA Foundation is committed to making a positive impact on the community through its Community Grants program.

By supporting organizations dedicated to access to justice, the Foundation is fulfilling its mission of serving the community and promoting justice.

The WCBA Foundation extends its sincere gratitude to all members who contributed to the success of this year’s campaign. WBF

Foundation Steering Committee Chair Maria Lynch (l) with Jennifer Lechner, Executive Director of the NC Equal Access to Justice Commission (The Wake County Legal Support Center is a project under the Commission.) (r)

WAKE BAR FLYER • THIRD QUARTER 2024

Foundation Steering Committee Chair Maria Lynch (l) with Atiya Mosley of The Child’s Advocate (r)

PAGE 4

LAWYER WELLNESS: THE WCBA’S REVAMPED COMMITTEE

BY ANNA DAVIS | RALEIGH CITY ATTORNEY’S OFFICE

MOST MEMBERS ARE familiar

with the popular WCBA Basketball League sponsored by the Athletics Committee or have attended a great event at a local bar planned by the Social Committee. Other members may have received a note from the Lawyer Support Committee when they were experiencing loss or difficulty and received their mental health CLE credit through the Lawyer Support Annual Mental Health CLE. In 2023, President Ashleigh Parker reorganized these three standing committeees to become subcommittees under the Membership Davis Committee – Athletics, Social, Lawyer Support and added the newly formed Recruitment and Retention Committee. The new Recruitment and Retention focuses on attracting new members to WCBA through highlighting new WCBA offerings, such as the free law student membership and identifies ways retain long-term members by honoring their continued participation in WCBA. Judge Parker’s reorganization streamlined committee efforts to improve service to the membership.

During my time as Membership Chair, I’ve heard members say they would like to see Lawyer Support expand its impact beyond crisis communication to provide more holistic support and opportunities for connection among members. It is with these opportunities in mind that I am excited to announce that the Athletics, Social, and Lawyer Support subcommittees will be combined into the new “Lawyer Wellness” subcommittee! Lawyer Wellness will provide more opportunities for connection which focus on the total social, physical and mental wellbeing of our members. Recent Lawyer Wellness offerings have included a Bench-Bar kickball game and a Nature Walk and Social at the North Carolina Art Museum. This fall, Lawyer Wellness will offer outdoor yoga, provide mental health training for lawyers, visit local law schools to offer free WCBA membership and mental health support and will identify new ways to “Add Life to Your Law Practice.” Overall, this change reflects a proactive approach by the WCBA to enhance member engagement, support lawyer wellbeing comprehensively, and attract new members to strengthen the association’s community.

games, nature walks, outdoor yoga and socials are organized to promote social interaction and physical activity among members.

Mental Wellbeing: Programs like mental health training for lawyers and support initiatives for law students aim to enhance mental health awareness and support within the legal community.

Expansion of Support: The committee plans to visit local law schools to offer free WCBA memberships and mental health support, aiming to attract new members and support the next generation of lawyers.

Goals of Recruitment and Retention: The newly formed Recruitment and Retention subcommittee focuses on attracting new members, such as law students with free membership offers, and retaining long-term members by recognizing their contributions to the WCBA. WBF

THE JERNIGAN LAW FIRM

FOCUS AREAS OF LAWYER WELLNESS COMMITTEE: Social and Physical Wellbeing: Activities such as Bench-Bar kickball

Leonard T. Jernigan, Jr. is pleased to announce that his 2024 supplement to Jernigan’s North Carolina Workers’ Compensation: Law and Practice (5th Edition) is now available from Thomson Reuters (1-800-328-9352).

www.jernlaw.com | (919) 833-0299 | 3622 Haworth Drive, Raleigh, NC

WAKE BAR FLYER • THIRD QUARTER 2024

PAGE 5

BEEN THERE, RAN THAT

BY LAURA LOYEK | LAWYERS MUTUAL

MY GOAL TO run a half marathon in every state started with a gift from my son. After more than a decade away from running, I rediscovered it in the winter of 2018. By the end of 2019, I had been steadily setting and achieving new running goals – getting faster in the half marathon and running my one (and only) full marathon. For Christmas that year, my son gave me a push pin map of the United States that says, “Been There, Ran That.” At that point, I had run races in three states but had never Loyek seriously considered trying to visit all 50. A few months later, COVID put the brakes on my running plans and everything else. Maybe it was all the time stuck at home, but when in-person races resumed, I decided to take on the 50-state challenge.

I’ve heard that the best form of exercise is whatever you will actually do. For me, having a concrete goal – a race on the calendar – provides the motivation I need to keep going. I like the process of having a training plan, checking off workouts, and seeing progress. I enjoy the ebb and flow cycle of distance running. With spring and fall training blocks, I gradually build mileage in the months before a race, take time off to recover afterwards, then repeat the next season. It’s hard to remember on hot, humid days or early mornings when I would rather be asleep, but I am incredibly fortunate to be able to move in this way. In life that often feels overscheduled and overwhelming, I find joy in the simple act of putting one foot in front of the other and moving myself forward. The Raleigh running community is large and welcoming. I’ve made great friends through my Fleet Feet and Team Pace of Me training groups. Most of all, I love that my running is just for me. I know I’m not going to win the race or my age

WAKE BAR FLYER • THIRD QUARTER 2024

group, but I can set my own goal and challenge myself to do the best that I’m capable of on a given day. Marathoner Meb Keflezighi captured this when he said, “Most of us have enough areas in our lives where we have to meet others’ expectations. Let your running be about your own hopes and dreams.” Running is a space that I carve out to reconnect with myself, away from the other demands on my time and attention.

The 50-state goal has helped me shift focus and continue running through recent changes and challenges. I’ve reached an age where my personal record times are probably behind me. I’ve also had health issues over the past year that have forced me to adjust expectations. When the pace slows down, it can be hard to know what comes next and how to measure progress. The attraction of the 50-state challenge is that it is more about experience and less about the time on my watch. When I get to the starting line, I’m still trying to test myself and see what I can accomplish. I’m even more excited about the chance to explore a new place. I’ve run up the iconic “Rocky steps” in Philadelphia, taken a lap around the track at Churchill Downs in Louisville, and wandered the charming squares of Savannah. I’ve travelled with family members to some races. Others I’ve done on my own. Every trip has been memorable and fulfilling.

When I tell people that I’m trying to run a half marathon in every state, I always add that this may not be a realistic goal to complete. I’ve checked off ten states, and I can usually fit in two or three races a year. At that rate, I’m not sure the math will work out for me, and that’s fine. I’ve already started researching fall races to pick my next state. (Alabama? New Jersey?) It has been a fun journey so far, and I’m excited to see how far I can get. WBF

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MEET ME AT THE CREEK: AN ATTORNEY’S NEW VENTURE OUTSIDE THE LAW

BY WARREN T. SAVAGE | LAWYERS MUTUAL

WHERE DO YOU regularly congregate

with your people? A place where you see a few friends and many acquaintances, some of whom you only know by their first name? A place where you may have a deep conversation or just sit quietly and take in the chatter around you? For many, it might be a place of worship, a social club, a dog park, a coffee shop, a running group or the YMCA, kids’ athletic events. For me, it is my neighborhood bottle shop and taproom – House Creek Beverage Co. in West Raleigh.

Savage Before COVID-19 hit in 2020, I would leave work a couple of evenings a week, meet my wife Elizabeth and many of our neighbors at the bottle shop a short walk down the street, and shoot the breeze, have a cold one and then head home for dinner.

It was a time to hear about each other’s kids, talk about sports, politics, neighborhood gossip, or our favorite TV show of the moment. I enjoyed the comfort of decompressing after work with a group of easygoing people knowing that I would see them again in a few days.

Then Covid hit in March 2020 and shut everything down, including our regular gatherings at the bottle shop. At first, we all isolated ourselves in our houses, with little in-person interaction other than brief chats while walking our dogs.

Being an extrovert who craves social gatherings, I was hit especially hard by the loss of our regular get-togethers. My more introverted neighbors also experienced a deep sense of a loss of belonging without having a place to meet and catch up with each other. As an attempt to fill the void, a large group of us started having “Social Distance Sundays” in the backyard of one of our neighbors, where we sat in lawn chairs, spaced six feet apart, complaining about the state of the world. However, Social Distance Sundays only helped us keep up with the neighbors we were closest to. What about the many acquaintances we had made through our regular get-togethers at the bottle shop? Where were the casual interactions with friends and strangers whose only connection was there? While we loved the intimacy of

WAKE BAR FLYER • THIRD QUARTER 2024

our weekly gatherings, it just wasn’t the same as our gatherings before the shutdown.

After the country finally opened back up, it still took a while for folks to get back in their prior routines. Businesses like the bottle shop were still rocked by the recession caused by COVID-19. As a result, the previous owners told our neighbors Wendy and Eric Midkiff that they were planning to get out of the business and were interested in selling the place if they could find a buyer, and closing it down, if they could not. Wendy talked to Elizabeth, and Elizabeth impressed upon me the great opportunity this provided for us to secure the future of the bottle shop and to provide me with a hobby as I approached 60 years old and the not-too-distant end of my legal career. So, after receiving excellent legal advice from Raleigh attorney John Szymankiewicz, the four of us formed 4 Neighbors, LLC and bought the bottle shop in December 2022.

Our first act was to change the name to House Creek Beverage Co. after the creek that runs through our Meredith Woods neighborhood. We are determined to keep House Creek a vibrant place where regulars of different backgrounds and perspectives can mingle in a location that is comfortable and unpretentious.

For the regulars at House Creek, many call it “my living room.” It is for them, and us, a “third place,” outside of home and work, to find community and belonging. Although there are a good number of lawyers that frequent our place, I rarely find myself talking with a customer about my legal work and the law. Instead, I’m more likely to find myself in conversations about basketball with a middle school teacher, religion podcasts with a delivery truck driver, piloting planes with an accountant, and fostering rescue dogs with a hospice executive. And, of course, neighborhood gossip with my neighbors. So, if you are in the area and looking for your own third place, feel free to meet me at The Creek! WBF

PAGE 7

SPORTS BETTING LAUNCHES IN NORTH CAROLINA

BY BILLY TRAURIG | CHIEF LEGAL OFFICER, NC EDUCATION LOTTERY & ERIC SNIDER | DEPUTY GENERAL COUNSEL, NC EDUCATION LOTTERY

business. To fulfill its new responsibilities, the Commission established a new committee, the Sports Betting Committee, to work directly with the staff on implementation. It also met frequently, holding 12 public meetings in less than a year (up from a typical 4-5 meetings). Further, the Commission created a Gaming Compliance and Sports Betting division and added two attorneys to its legal team, for a total of four in-house attorneys plus a half-time NCDOJ attorney. These teams engaged regulators in other states to learn more about sports betting as well as to avoid the mistakes those other states made during implementation.

Traurig

Snider

THE NORTH CAROLINA STATE LOTTERY COMMISSION has operated the North Carolina Education Lottery since its launch in 2006. Scratch-off tickets, Powerball, MegaMillions, digital instants and other lottery games remain wildly popular with players, and are now part of North Carolina’s DNA. To date the state’s responsible (and growing) lottery program has generated more than $10 billion in profits to support education programs identified by the General Assembly.

Last summer the General Assembly directed the Commission to generate revenue for the state in a new way, namely by opening and regulating an authorized market for legal sports wagering. Acting as a regulator presented a new opportunity for the Commission and its staff. While the Commission operates the lottery as a business with profits going to the state, sports betting generates revenue through license fees and the 18% tax that licensed operators pay to the state from their gross wagering revenue to the state.

Now that Jamie Foxx, Kevin Hart, Rob Gronkowski and others advertising sports wagering apps have (somewhat) receded from North Carolina airwaves and your social media feeds, it’s a good time to recap how North Carolina opened its sports betting market and to begin looking to the future.

First, on June 14, 2023, Governor Roy Cooper signed into law House Bill 347, “An Act to Authorize and Regulate Wagering on Professional, College, and Amateur Sports and on Horse Racing in North Carolina, and to Authorize Live Horse Racing in North Carolina.” This bi-partisan enabling legislation, which expanded the State Lottery Act, established the Commission as the state’s licensing body and regulator for both sports wagering and pari-mutuel wagering and it empowered the Commission to adopt and implement all rules necessary to carry out the law.

After the law passed, the Commission moved swiftly to implement the new law as quickly as practicable, and prior to a legislated June 15, 2024 deadline.

From the jump, Commissioners identified professionalism, integrity and transparency as guiding principles for the implementation. Agency leadership also emphasized that maintaining a strong focus on the core Lottery business (which returned over $1 billion to the state for education during FY 2023) was a non-negotiable, organization-wide priority during regulatory “start-up” activities.

With these priorities identified, the Commission and its leadership embraced the challenge of taking on new regulatory and licensing duties while also maintaining a standard of excellence for the North Carolina Education Lottery

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To accelerate implementation and help grow the skill set of its new team members, the Commission retained Gaming Laboratories International (GLI), an independent leader in testing and certification in the gaming industry, to assist staff in implementing North Carolina’s regulatory framework. GLI’s Government and Regulatory Affairs team provided technical assistance and independent industry insights during the Commission’s rulemaking process and it continues to be a resource regarding industry standards and best practices.

Staff and the Commission also created extensive new governance to regulate sports wagering. Because the Commission is fully exempt from the North Carolina Administrative Procedure Act, it adopted its own Rulemaking Policy and Procedure in September 2023. This policy preserves the Commission’s ability to act both nimbly and transparently while also giving interested parties an avenue to provide feedback on proposed rules. The following guiding principles informed both the creation of the Commission’s policy and the substantive rules the Commission has enacted: • Adopt rules that are necessary to serve the public interest.

• Adopt rules to ensure that gaming is administered with the highest level of integrity and to cultivate compliance by the regulated public.

• Seek to limit the administrative burden upon those who must comply with rules.

• Base rules on sound, reasonably available scientific, technical, and economic information.

• Design rules to achieve the regulatory objective in a cost-effective and timely manner.

• Remain informed of evolving standards and practices that support and expand responsible gaming.

• Consider rules that prevent and mitigate gambling-related harms; help players make informed decisions; and empower players through the use of technology.

• Protect North Carolina players and consumers from unfair or predatory business practices.

To date, the Commission has engaged in three successful rulemaking processes, adopting a total of 193 rules, over 255 pages. The Commission staff drafted proposed rules with the help of GLI and models from other states to meet the unique needs of North Carolina and to reflect the priorities set forth in the new statutes. The public comment periods during these rulemaking processes elicited significant constructive feedback from stakeholders, including in-person public comments and more than 175 written submissions. Based on these submissions staff recommended – and the Commission ultimately adopted – scores of meaningful clarifications and revisions. Visit https:// ncgaming.gov to review the Commission’s Rules Manual and participate in future rulemakings.

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SPORTS BETTING, CONTINUED Other major undertakings that the Commission and staff needed to complete prior to the launch of authorized sports wagering in North Carolina included (among others): • Revision of the Commission’s Code of Ethics and related policies; • Development of license application forms which range from 18 to 96 pages; • Development of a secure licensing intake portal for applications; • Establish background and credit check processes for applicants and their key persons; • Develop and implement a responsible gaming program; • Establish a review process for, and review, each of the following for each sports wagering operator applicant: o Applications; o House Rules; o Internal Controls; o Privacy Policy; o Terms and Conditions; o Written Designation Agreements as required by the new law:

• Create and administering a Certificate of Compliance review process to assess licensees’ operational capacity; • Establish and deploy a voluntary exclusion program for responsible gaming purposes.

These efforts have paid off. At noon on March 11, 2024 – three months ahead of a legal deadline – legalized sports wagering launched in North Carolina with eight licensed sports wagering operators. These operators are currently supported by four licensed service providers and 24 licensed suppliers. During that first day (noon to midnight), North Carolinians wagered just under $24 million placing over 895,000 legal wagers in this new market.

As of May 31, 2024, registered players in North Carolina have legally wagered over $1.8 billion on sports, which has raised tens of millions of dollars in taxes for the state. This big win wouldn’t have been possible without the dedication and hard work of licensees, Commissioners, and staff – each of whom regularly logged-in early and logged-off late to make launch happen.

Today, our agency’s work continues. We are excited for the Commission’s regulatory program to grow and mature and for North Carolina to become a leader in responsible gaming and regulatory innovation in the sports wagering space. WBF

DIRECT EXAMINATION: REBECCA REDWINE 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. This is the story of Rebecca Redwine, Hendren Redwine & Malone PLLC. 1. When you were in elementary school, what did you want to be when you grew up?

A veterinarian.

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

“Kill ‘em with kindness”, use your magic words and always introduce yourself.

3. Who was your favorite teacher and why?

Susan Westbrook was my high school English teacher. She encouraged me to major in English, which I did.

I always witnessed from him that as a lawyer you could help others.

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

Being a bankruptcy attorney. I never took bankruptcy in law school, because I thought it would be boring. 17 years later, I’m a partner in a boutique Redwine Chapter 11 firm, board certified as a business bankruptcy specialist and truly enjoy what I do – which I think is a rarity to hear from an attorney.

9. What is your favorite book?

4. Did you love or hate law school?

The Rabbit Listened by Cori Doerrfeld

I didn’t mind it, but wouldn’t want to do it again.

10. What is your most marked characteristic?

5. What was your most embarrassing courtroom experience?

I rely on humor whenever possible.

In one of my first appearances, I was so nervous I couldn’t catch my breath to say my name on the record.

11. What is your hidden talent?

6. What was your best courtroom experience?

Having a successful bankruptcy plan confirmed for a farmer, who was able to maintain their family farm with restructured loan agreements.

I can taste the difference between Dukes and Hellman’s.

12. Who are your real-life heroes?

My late husband Philip Redwine, Jr. and my older brother, Daniel Finch.

7. Why did you become a lawyer?

13. When and where were you happiest?

My father, Dan Finch, was my inspiration. He was a criminal defense attorney and then later seated as a district court judge in Oxford, North Carolina.

On my back porch in the early morning with a cup of coffee. WBF

WE ARE SURVIVORS

BY JUDGE JANE GRAY | RETIRED DISTRICT JUDGE & PROFESSOR MARGARET CURRIN | CAMPBELL LAW SCHOOL WHEREVER TWO OR MORE attorneys gather for a meal, you can almost predict a new organization will form. Back in the 70’s, a group of men who admitted to being over 60 years of age, started a lunch group they christened the Senior Survivors.

George Anderson and Earle Purser were among the first organizers.

They not only had lunch, they invited speakers to talk on a variety of topics, but mostly legal subjects. They didn’t intend to Gray & Currin challenge the WCBA; in fact, most were members of both groups. There was one noticeable difference: only men were members. Granted there weren’t many women attorneys in the 70’s, but none of us were over 60!

Leaders of the group changed on a semi-regular basis depending on who was willing to take on the job of arranging for speakers and being the treasurer and collecting dues. Some years after Jane Gray had spoken to the group about her experiences as a new district court judge, she acknowledged being on the north side of 60 and joined the group as the first female member. She didn’t have much company over the next few years, but later, Margaret Currin willingly agreed to join, too. All was well until COVID hit and the group began to struggle. What sets this group apart is the desire to meet in person and not via computer. COVID brought the meetings to a halt.

In 2022, Hugh Stevens and Dick Heidgerd got together and recruited Jane and Margaret to take on the role of co-presidents and get the group restarted. (They go back to being partners since 1L Moot Court and 3L Trial Ad at Campbell Law, so it was good thinking by Hugh and Dick.) With the able assistance of Whitney von Haam, all four met with her in November to compile a current list of attorneys over the age of 60 and create program speakers and topics. After many phone calls, emails and texts, the group was revived and a contract with the University Club was signed for luncheons to resume. The first luncheon was on January 17, 2023 with Justice Robin Hudson as speaker. Most of the former members returned and were joined by new members, including many new women.

We are fortunate to have some great attorneys who have written books and who have had amazing careers and adventures in life speak at our luncheons: Tom Ross, former President of the University System; Dean Rich Leonard, author and regular visitor to teach in Ghana; Steve Epstein, author of three true crime novels; Justice Willis Whichard, author of biographies of Justice James Iredell and Governor David Swain; Judge Henry Barnett on the impeachment of President Johnson; Root Edmondson, who had a truly unique experiences in Viet Nam; and most recently, Judge Allyson Duncan, who travelled to many countries as a part of the USAID while on the Fourth Circuit Court of Appeals. We were also fortunate to hear the current status of our system of higher education from the perspective of Dr. Hope Williams, President of N. C. Independent Colleges and Universities and the challenge of hostage negotiations from Capt. Tim Tomczak of the Raleigh Police Department. More interesting speakers are scheduled for the fall, so look for the announcements in the WCBA news.

In January 2024, the Senior Survivors officially was renamed the Senior Lawyers Division (SLD) of the WCBA and now enjoys the benefits of staff support and financial management. Membership can be one of two options: if you are a member of the WCBA and add membership to the SLD, add $75 to your Bar dues. This covers the nine SLD luncheons. If you are not joining the WCBA, the dues for membership in the Senior Division alone is $150 for the 9 luncheons. We meet the third Tuesday of January-May and SeptemberDecember at 12:15 p.m. at the NC State University Club. We’d love to have you join us! WBF

WELCOME NEW MEMBERS WE WELCOME THE NEWEST MEMBERS TO THE WAKE COUNTY BAR ASSOCIATION

Simona Al-Rubaye | Robert Brown LLC Benjamin Aydlett | K&L Gates LLP (Raleigh) Lena Bradshaw | North Carolina Court of Appeals Adia Craig | Poyner Spruill LLP Katheryn Jenifer | Legal Aid of North Carolina Megan Lyman | Lyman Patent Services

WAKE BAR FLYER • THIRD QUARTER 2024

Emily Martchek Samantha Richardson | Narron Wenzel PA James Rudolph | NC COA Neil Sanyal | Law Office of F Bryan Brice Jr Andrew Simpson | Everett Gaskins Hancock LLP Ashley Van Slyck

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PRIORITIZE AND PROMOTE LAWYER WELL-BEING

BY CAMILLE STELL | LAWYERS MUTUAL CONSULTING & SERVICES

THERE IS YET another survey on lawyer wellbeing that does not bode well for lawyers.

The ALM survey was released in May of 2024 and continues to show data that reveal high rates of substance abuse and mental health concerns among lawyers. It’s been almost a decade since the 2016 release of the Hazelden Foundation / ABA mental health study, and despite continued focus on lawyer wellbeing, the results continue to show that lawyers suffer from higher incidence of mental health concerns including depression and addiction than the general population.

However, the trend isn’t unique to the legal industry. In an ALM / Law.com article about the ALM 2024 study, they cite a growing body of research that shows mental health has been declining in young people across the globe for years. Sadness, hopelessness and suicidal thoughts rose 40% in young people during the decade preceding COVID-19, according to the Centers for Disease Control and an isolating global pandemic only made things worse. Exposure to social media, an increasingly divisive political climate and uncertainty over global issues like war and climate change have all been raised as potential contributors.

THE UNSEEN COSTS OF A WELLNESS CRISIS I often see the results of lawyer crisis up close and personal. There is a mental and physical toll from substance abuse but also an economic toll. We see law firms that have experienced embezzlement, suicide, long-time substance abuse and other mental health crises. These situations cost the law firm in medical costs, crisis management, rehab costs, malpractice deductibles, increased malpractice rates, lost billing hours and loss of employees among others.

As the largest malpractice provider in North Carolina, Lawyers Mutual sees these situations in clear dollars and cents. Our average reserves on claims across all practice areas 2024 year to date is $43,236. The average severity of claims in all practice areas has remained around $40k to $50k for the past five years.

There are other reports that also study the economic impact of the legal profession’s wellness crisis: • According to a 2024 study from the National Bureau of Economic Research, mental illness costs the U.S. economy $282 billion every year, equivalent to the average economic recession.

• Employees with inadequate mental health miss four times more work – generalized across the U.S. workforce, this missed work is estimated to cost the economy $48 billion annually in lost productivity or $340 per day for full-time employees.

• Law firms lost 10% of staffing costs due to employees’ poor mental health according to a survey of six Big Law firms conducted by Unmind, a workplace mental health solutions provider.

Headspace, a digital mental health company, just published its sixth annual report on the state of mind of the workforce. The report uses survey data from

over 2,000 workers in the United States and the United Kingdom, along with nearly 250 HR leaders and over 200 CEOs, about their emotional and physical health at work.

The aim is to track the latest trends in workplace wellness.

Here are the report’s key findings: • Work stress doesn’t end at work rather it can follow you home and upend your life. According to the report, 77% of respondents said that work stress negatively impacted their physical health and 75% said it caused them to gain weight.

Camille Stell is the President of Lawyers Mutual Consulting & Services and the co-author of the book “RESPECT – An Insight to Attorney Compensation Plans” published in December 2022.

Continue this conversation by contacting Camille at camille@ lawyersmutualconsulting.com or 919.677.8900.

• Work stress hurts our relationships: 71% of people said work stress ended their relationship. Gen X employees were more likely (79%) than any other generation to report that work stress has led to a breakup or divorce.

• Our personal lives: Meanwhile, 37% of employees say work stress has caused a mental health challenge such as suicidal ideation or substance use.

• Work can be a force for good: Workplaces don’t have to erode mental health. Over half of respondents said work had positively impacted their life by finding a community of like-minded people, while 48% said it improved their confidence and 44% said it helped them feel less lonely.

• Managers can hurt: 97% of employees said their mental well-being had been negatively impacted by their manager in the past year. About 43% said their manager did this by treating team members unequally, 41% said their manager failed to respect working hour boundaries, and 40% said their manager set an unreasonable workload.

• Or help: However, nearly 60% of employees reported that managers had a positive impact on them by being flexible about projects or scheduling when they had personal issues. While 48% of employees say they’ve turned to a manager for mental health support, only 24% of managers are required to take mental health training.

“Despite the overwhelmingly negative impact employees experience when work stress seeps into their personal lives, our data shows there’s a clear upside for businesses that prioritize cultural transformation in the workplace and invest in evidence-based, high-quality mental health support for their workers,” said

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LAWYER WELL-BEING, CONTINUED Karan Singh, COO and chief people officer of Headspace.

ADVICE FROM LAURA MAHR, CONSCIOUS LEGAL MINDS In a column published in the NC State Bar Journal pre-pandemic, Laura Mahr provided an example of trying small things to help with wellbeing.

Case Study: Adley and Blaine have both been feeling overwhelmed as they juggle client case work, run their small firm and take time for themselves.

Adley skims this article, tosses it in the recycling and goes back to work.

Blaine reads this article and takes a moment to write down a definition of wellbeing that resonates, then makes a list of five small things that cultivate wellbeing. Blaine then puts each of the five things on the calendar for the week and sends an invite to either a colleague, friend or family member to join in for each. One of the things Blaine calendars is a walk with Luca. When Luca and Blaine are walking, Luca suggests an app that Blaine can use to fax and scan documents on a smartphone, which will save Blaine time and money. Blaine leaves the walk feeling happy to have connected with Luca, invigorated from physical exercise, more relaxed having left the office for an hour and inspired by the efficiency the new app will offer. Blaine goes back to the office, cheerfully greets the law office support staff and is relaxed and clear-headed in afternoon meetings with clients. When Blaine checks in with Adley at the end of the day, Adley is exhausted and frustrated, saying nothing got accomplished all day.

Try it for yourself: What does the term “wellbeing” mean to you?

Does this definition of “lawyer wellbeing” that the ABA Task Force uses in its report resonate with you: “a continuous process whereby lawyers seek to thrive in each of the following areas: emotional health, occupational pursuits, creative or intellectual endeavors, sense of spirituality or greater purpose in life, physical health, and social connections with others”? If there’s a definition that would land more than this one, take a moment now to write down a more meaningful definition. Then read the definition slowly, imagining upgrading your own wellbeing as you think about the definition.

Note: Neuroscience research shows that our brains retain information that is personally meaningful. Using a definition of wellbeing that is meaningful to you will make information on the subject more engaging for you.

NOW TRY THIS: FIVE SMALL THINGS 1. Make a list of five to ten small things you can do to cultivate wellbeing this week.

2. Read your list aloud a few times.

3. Notice which ones you feel the most inspired to do.

4. Circle your top five.

5. Calendar them (yes, right now!); invite along someone you’d like to connect with, if appropriate.

6. Enjoy doing each of your five small things.

Note: While the impact of doing one small thing (or applying any mindfulness tip or tool) may not feel entirely effectual in a highly stressful moment, over time each small step creates a cumulatively larger ripple in our lives toward

WAKE BAR FLYER • THIRD QUARTER 2024

greater satisfaction and wellbeing, and may also extend into the lives of our friends, families, and colleagues. (Originally printed in NC State Bar Journal).

THE IMPACT OF THE WORK ENVIRONMENT Our focus in this journey so far has been on the troubled employee – and law firms have made great strides in recognizing them and offering assistance, providing tools and resources to help individuals. However, it’s time to take a look at the environment in which the suffering occurs – law firms.

The 2024 ALM survey results showed that: • 79% of lawyers feel their work environment contributes to their mental health issues.

• 25% increased their use of drugs and / or alcohol as a result of their work / work environment • 16% knew someone in the legal profession who died by suicide in the past 2 years • 15% have contemplated suicide with 8% declining to respond The primary complaints are billable hours, always being on call and a prevailing culture that prizes perfectionism and lacks empathy. While the results show that lawyers of all ages and stages share these same complaints, young lawyers are struggling the most. Lawyers under age 34 reported higher rates of depression and other mental health concerns, as well as more persistent feelings of self-doubt, hopelessness, lost motivation and workrelated dread.

According to one litigation associate, “The profession is very ‘old-school’ in the sense that you are expected to pull unreasonable hours (often in the office) with little to no appreciation for doing so.”

A litigation paralegal felt similarly, “They have this ‘we had it hard’ or ‘no one was nice to us’ mentality, and it is absolute poison. They do not understand life / work balance the newer generation holds close.”

A litigator in the age 55-64 category says, “Big Law firm culture is toxic. The economics drive a hierarchical structure that is and will always be opposed to any genuine culture of caring or well-being. Those who make it to the top by virtue of having withstood this for decades will not really be able to have empathy for those below. It’s just not part of what happens.”

IMPROVING THE WORK ENVIRONMENT In June, I had the pleasure of serving on a panel discussion for a webinar on the economics of well-being.

My fellow panelist, Ben Carpenter, Sr. VP and Deputy General Counsel for U.S. Bank, is a vocal supporter of fostering well-being within the legal profession. Ben addressed the issue of well-being from the client’s perspective, “Healthy lawyers are better lawyers.”

Ben has created wellness guidelines for outside counsel that address the

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LAWYER WELL-BEING, CONTINUED issues of workplace boundaries that often focus on meeting client’s needs to the outside counsel’s detriment. Ben hopes the guidelines presented will spark conversation about lawyer wellbeing and cultural change among law firms.

In an interview with Legal Dive, Ben said, “We don’t want outside counsel to be tired, beat up and stressed out; we want them to be at their best. We think that implementing these guidelines will help them be at their best, and ultimately, provide better results.

The guidelines, specific to communications, place a strong emphasis on attorneys being considerate of others when working during off hours. For example, they encourage delaying non-urgent communications until work hours, as well as including expectations for the time when a response is needed.

They also recommend lawyers communicate clearly about vacation and time off to avoid unnecessary interruptions. The guidelines promote thoughtful communications during work projects such as resisting the temptation to “overdeliver” if doing so would sacrifice work-life balance, and serving as a reminder that urgent matters should be the exception rather than the rule.

All of us in the profession benefit from increased wellbeing efforts from law firms. We must explore ways to change some of the most damaging elements of law firms such as described in the ALM survey.

• We should identify stakeholders and the role each of them can play in reducing the level of toxicity in the legal profession.

• We should continue to lessen the stigma associated with seeking help from mental health professionals, rehab, support groups and other resources.

• We must continue to educate law students, lawyers, judges and all others who work in the profession on well-being issues.

What can you or your law firm do to protect those in our profession who are needed to serve those in our communities who need lawyers? WBF

Local Solutions. Global Reach.

WAKE BAR FLYER • THIRD QUARTER 2024

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