Creativity Amongst Lawyers From Painting to Poetry, How Members Stayed Sane in 2020...... 13
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VOL. XLVIII • ISSUE 4 | FOURTH QUARTER 2020
BAR FLYER LOCAL BAR MEMBERS FACE THE CHALLENGES OF 2020 BY GETTING CREATIVE “IF YOU WANT TO BE A TRUE PROFESSIONAL, YOU WILL DO SOMETHING OUTSIDE YOURSELF. SOMETHING TO REPAIR TEARS IN YOUR COMMUNITY, SOMETHING TO MAKE LIFE A LITTLE BETTER FOR PEOPLE LESS FORTUNATE THAN YOU.” - RUTH BADER GINSBURG
WE BEGAN THE YEAR by looking forward to our hopes and expectations for 2020 and by reflecting and learning from our past. Little did we know that 2020 had its own plans and challenges for us. Instead of dwelling on the negative that this year has certainly thrown our way, in this issue we highlight how we, as lawyers and Americans, have used creativity to combat these challenges and resist when resistance was needed most. The pandemic has highlighted the need for creativity more than ever, with each of us being forced to find new ways to meet our clients’ needs, conduct and participate in hearings, and embrace technology with multiple Zoom meetings a day. Our courts have stepped up to this challenge and should be commended for the innovation utilized to continue its business during a pandemic. Our members have continued to provide valuable legal assistance to our community while also finding new ways to contribute to those in need.
Our members have also demonstrated their talents outside of the law, as we feature in this issue. Balancing work and life is difficult enough under normal circumstances and all the more challenging presently. Lawyers in Wake County have remained active and expressed their artistic abilities throughout these long months while also finding new ways to educate our children (many remotely) and give them hope for the future that lies ahead. Artist Bruce Garrabrandt once said, “Creativity doesn’t wait for that perfect moment.” Adversity takes us out of our comfort zone and forces us to find new ways to move forward. It fosters innovation and creativity, whether we like it or not. Let’s choose to end the year with positivity and hope despite the setbacks and obstacles of 2020. Let’s call attention to the imagination and vision of our bar, its members, and the court system that we’ve established and continue to build upon. WBF
UPCOMING EVENTS WCBA VIRTUAL LUNCHEON November 3 | 12:45 p.m. YLD VIRTUAL PRO BONO CLINIC November 7 | 10 a.m. - 1 p.m. 2020 WAKE COUNTY BAR AWARDS November 12 | 7 p.m. BREAKFAST DISCUSSION SERIES November 18 | 7:30 a.m. TENTH J.D. BAR & WCBA VIRTUAL ANNUAL MEETING & ELECTIONS December 1 | 12:45 p.m. WCBA HOLIDAY PARTY TO GO December 4 | 3:30 - 6 p.m.
INSIDE THIS ISSUE 2
A NOTE FROM THE EXECUTIVE DIRECTOR
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BRANCH AWARD WINNER ROBERT B. RADER
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NOTICE OF ELECTION
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CANDIDATE INFORMATION
12 DIRECT EXAMINATION 13 CREATIVITY AMONGST LAWYERS 18 EVOLVING & THRIVING DURING A PANDEMIC 19 PANDEMIC PROFESSIONALISM 20 STATE BAR CONSIDERS NEW ETHICS RULES
The WCBA/Tenth Judicial District Bar mask drive was and continues to be an example of how we, as lawyers, can support our fellow citizens and assist in keeping the wheels of justice turning safely.
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Visit our website: www.wakecountybar.org FOURTH 2020 919.677.9903 phone •QUARTER 919.657.1564 fax
WAKE BAR FLYER VOL. XLVIII - No. 8 | FOURTH 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 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 M. MORELOCK JUDGE ROBERT B. RADER WARREN T. SAVAGE
A NOTE FROM THE EXECUTIVE DIRECTOR OUT-OF-THE-BOX IDEAS KEEP MEETINGS, ACTIVITIES GOING STRONG THROUGH 2020 BY WHITNEY D.G. VON HAAM | EXECUTIVE DIRECTOR WAKE COUNTY BAR ASSOCIATION
IF THERE IS ONE THING 2020 has proven, necessity really is the mother of invention. There is no place where that has been in fuller effect than in the offices of the WCBA and Tenth. I have always known that our staff is both smart and passionate, and innovation has always been encouraged. This year, though, these important factors have been integral to providing the same level of benefits and services that members are accustomed to in a normal year. Have you enjoyed our virtual luncheons with food pick-up beforehand? You can thank Communications Manager Sarah Justice who spit-balled that idea this spring — a great way to serve members while also supporting local businesses. Sarah has also been our “video guru,” bringing such gems as the Rader Retirement Celebration and the upcoming Bar Awards to life … that Emmy she won for television production has really proven to be an asset. How about the out-of-the-box phased approach to the Oyster Roast or the Family Picnic To Go? Without Stephanie McGee at the helm, these events may not have come to fruition. If you had a good time at either of these events (or both), thank Stephanie. We wanted to make sure that members didn’t think of 2020 as the “year nothing happened.” And, if you have taken a CLE with us in the past six months, raise your hand. Colleen Glatfelter has masterminded pulling programs together, getting them approved by the State Bar and checking people in. The programs have been timely and well-coordinated, and the CLE library for 2020 continues to proliferate. Behind the scenes, innovation continues: Accounting coordinator Shari Hardy figured out how to get our checks approved and signed by our treasurer, Judge Ashleigh Dunston, without needing in-person contact and, therefore, literally “keep the lights on.” Shaula Sharp’s contributions for our members have been numerous, but perhaps the biggest was when she answered the call to delay her retirement by several months. We are indebted to her commitment. Innovation hasn’t been limited to staff, though: YLD Board Member Meredith Pace was the brainchild behind the morning coffees we held through August; Niya Fonville masterminded the reinvigoration of our Diversity, Equity & Inclusion Committee; and several of our committee chairs have led the way in pivoting to virtual meetings and refocusing their committee goals to keep the necessary work of the bar going. We never know where our next idea is going to come from, but we know that we are all laserfocused on providing our members with a full package of experiences and value. WBF
© 2020 Wake County Bar Association & Tenth Judicial District Bar.
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FOURTH QUARTER 2020
ROBERT B. RADER SELECTED AS 2020 JOSEPH P. BRANCH PROFESSIONALISM AWARD WINNER BY JOHN N. (NICK) FOUNTAIN | CHAIR, PROFESSIONALISM AWARD COMMITTEE
THE SPORTS FANS AMONG you may recall that some athletes are selected for the Hall of Fame of a sport at the first opportunity, while others are nominated many times and never selected. It is noteworthy that the winner of the 2020 Joseph Branch Professionalism Award, Robert Blackwell Rader, was selected immediately upon becoming eligible. Sitting judges are not eligible for the award. Judge Rader retired as Chief Judge of the District Courts on August 31, and was almost immediately and with virtual unanimity selected as the 2020 award winner. It is not common for judges to be selected for this award at any point, but Judge Rader is not a common individual. The overwhelming sentiment in the Wake County Bar is that the Justice Center, with its towering atrium, beautiful spaces and numerous speedy elevators would never have come to fruition without the consistent effort, coordination and steadfast resolve of Judge Rader in working with the many stakeholders and decision-makers necessary for a project of such magnitude. Although the Justice Center may be a crowning accomplishment for Judge Rader, he would have earned and deserved this award regardless. Born in Morganton, educated at North Carolina State University, Robert Rader graduated from Campbell Law School in 1985. Between his time at N.C. State and Campbell, Judge Rader was employed for three years in the office of Governor Jim Hunt, where much was learned about the importance of public service and volunteerism. While at Campbell, his later career was foreshadowed by his service as chief justice of the Honor Court and his participation in the National Mock Trial competition. He began law practice with Dimmock, Reagan, Dodd & Toms and concluded nine years in private practice in partnership with Tom Dimmock. All of those early law partners had distinguished careers in their own right. Judge Rader was appointed District Court Judge in September 1994, and was re-elected in 1996, 2000, 2004, 2008, 2012 and 2016. He was appointed Chief District Court Judge by the Chief Justice in November 2007.
Bar Continuing Legal Education Board, vice president of the North Carolina Bar Association, and chair of its Criminal Justice Section. He also served as president of the N.C. Association of District Court Judges and chair of its 50th Anniversary Committee. In the broader community, Judge Rader has served as chair of the Raleigh Historic Districts Commission and the John Rex Endowment, as well as a director for the boards of SAFEchild, Arts Together and Reentry. In 2006, he was named Tarheel of the Week for his service as president of Yates Mill Associates for 18 years. Yates Mill was created in 1756 at a time when water-powered grist mills were essentials of life in every community. Nearly all are gone. Think about Whitaker Mill, Lassiter Mill, Edwards Mill, Harps Mill, Ligon Mill and Rand Mill. While leading Yates Mill Associates, Judge Rader accomplished a rare publicprivate partnership of the A.E. Finley Foundation, N.C. State University, Wake County and the Yates Mill Associates. As a result of Judge Rader’s tireless leadership, Yates Mill County Park was created, a research center was established by N.C. State and Yates Mill, the last surviving grist mill in Wake County, was preserved. The natural beauty of the place is exceptional, and it is one of the most common spots for wedding photography in the county. Beyond all the accolades referenced above, it should also be noted that Judge Rader “married up” when he landed Megg Rader, a well-known community volunteer and former executive director of Alliance Medical Ministry. They are the parents of Rob Rader, an attorney at Miller, Monroe and Plyler, and Mary Styles Rader with Outward Bound. Robert B. Rader is receiving the Joseph Branch Professionalism Award because he earned it in his career in private practice, on the bench, in the profession, in the community, and with his family. He is a worthy and deserving model of professionalism. WBF
Numerous members of the selection committee commented on Judge Rader’s calm demeanor, unfailing patience and ability to listen even at the end of a long day of contentious matters. Given the inevitable disappointment of litigants and lawyers, sometimes on all sides of a matter, the high opinion of those appearing before him is a testament to his judicial temperament and his ability to convey empathy and listen. Judge Rader has served the profession as president of the Wake County Bar and on its board of directors, as president of the Wake County Academy of Criminal Trial Lawyers, as a State Bar councilor, as Chair of the State
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ELECTIONS NOTICE OF ELECTION TO ALL MEMBERS OF THE TENTH JUDICIAL DISTRICT BAR IN EARLY 2018, the Board of Directors voted to move to a slating process for the selection of board members. The Nominations Committee reviewed all submitted applications and member recommendation forms and selected the Director candidates for the Board. There will be an electronic vote to affirm the slate at the December Annual Meeting and Luncheon. The officers of the Tenth Judicial District Bar and Wake County Bar Association hereby give notice pursuant to Article XII of the bylaws of the North Carolina State Bar:
1. That the annual election of Officers will be held on Tuesday, December 1, 2020 via Zoom. A to-go lunch option will be provided and the cost of lunch will be borne by the Tenth Judicial District Bar at no additional cost to members.
2. The election is for the purpose of choosing Officers for both the Tenth Judicial District Bar and the Wake County Bar Association, and Badger-Iredell Foundation Board Members.
3. The following officers will be elected: President-elect, Treasurer, Secretary PRESIDENT-ELECT (ELECT ONE) Yvonne Armendáriz Dayatra (“Day”) Matthews
TREASURER (ELECT ONE) Judge Ashleigh Parker Dunston
SECRETARY (ELECT ONE) Meredith E. Pace
4. The following Directors have been selected by the Nominations Committee and will be affirmed by electronic vote (three-year term): DIRECTORS Tiffany G. Cox
Jake Epstein
Sam Hamadani
Kellie Z. Myers
Sarah L. Privette
5. The following Badger-Iredell Foundation members will be elected by the Wake County Bar Association: Two Foundation Members. BADGER-IREDELL FOUNDATION | WCBA MEMBERS VOTING (ELECT TWO) Dewey P. Brinkley
John Szymankiewicz
Please see biographical information on each of the candidates inside this issue of the Bar Flyer. We look forward to seeing you online for the annual meeting and luncheon on December 1. More details on to-go lunch options and Zoom information will be provided by email in November.
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ELECTIONS CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS WE ASKED EACH CANDIDATE TO SUBMIT A CREATIVE PHOTO AND ANSWER A COUPLE OF QUESTIONS TO GIVE A GLIMPSE INTO THEIR PERSONALITIES
PRESIDENT-ELECT ELECT 1 OF 2 CANDIDATES YVONNE ARMENDÁRIZ Armendáriz Law Office, PLLC Indiana University School of Law – Indianapolis, 2006 Most creative thing you’ve done during this weird time: I decided to try my hand at writing a screenplay about my undergrad years as a first-generation Mexican American female from the Southwest at a university in the Northeast. It’s becoming a dramedy! Best Piece of Advice a Mentor Ever Gave You: “Nothing worth having comes easy.”
WCBA/Tenth JD Bar Activities:
Other Bar-related Activities
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Board of Directors, Wake County Bar Association/Tenth Judicial District, 2018 – Present
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Founder, Triangle Latino Attorney Network (TLAN)
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Chair, Co-Chair, Wake County Bar Association Committee on Diversity, Equity, & Inclusion, 2014 – Present
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North Carolina Pro Bono Honor Society
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Speaker and Panelist at UNC Law School and NCBA Minorities for the Profession events
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Member, Exhibition Advisory Committee, CAM Raleigh (Contemporary Art Museum)
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Member, Wake County Bar Association and Tenth Judicial District Bench/Bar Committee, 2019 – Present
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Member, Wake County Bar Association Nominations Committee, 2019 – Present
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Member, Tenth Judicial District Grievance Committee, 2015 – 2018
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Member, Wake County Bar Association Strategic Planning Committee, 2017 – 2018
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Member, Wake County Bar Association Social Committee, 2008 – 2009
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ELECTIONS CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS PRESIDENT-ELECT ELECT 1 OF 2 CANDIDATES DAYATRA (“DAY”) MATTHEWS Local Government Federal Credit Union Duke University School of Law, 1997 Most creative thing you’ve done during this weird time: Don’t know if this counts as creative, but I watched the entire season of “Dating Around, Brazil” in one sitting, without English closed caption, in an effort to improve my Spanish while, of course, also feeding my incessant love of silly reality dating shows. Best Piece of Advice a Mentor Ever Gave You: “You don’t have to have positional authority to be a leader. You can influence folks right where you are. If you do that well, then the positional authority will eventually come.” WCBA/Tenth JD Bar Activities:
Other Bar-related Activities
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Former member, WCBA Board of Directors
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Lawyer-on-the-Line supervisor for Duke Law students (2015-17)
Past chair, Leadership Development Committee (now Diversity, Equity and Inclusion Committee)
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NC Pro Bono expungement clinic volunteer (2016)
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Past Vice-Chair and Chair, Grievance Committee
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Past president of Capital City Lawyers’ Assoc. (2010-2011)
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Member, Strategic Planning Committee
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Past president, North Carolina Association of Defense Attorneys (2017-2018)
Former member, CLE Committee
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FOURTH QUARTER 2020
ELECTIONS CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS TREASURER ELECT 1 OF 1 CANDIDATE JUDGE ASHLEIGH PARKER DUNSTON Wake County District Court Judge NCCU School of Law, 2012 Most creative thing you’ve done during this weird time: I somehow kept my sanity while working full time, having two kids, and pregnant. Best Piece of Advice a Mentor Ever Gave You: “Never sacrifice who you are for where you want to be.”
SECRETARY ELECT 1 OF 1 CANDIDATE MEREDITH E. PACE Dysart Willis Houchin & Hubbard, PLLC Wake Forest University School of Law, 2017 Most creative thing you’ve done during this weird time: To celebrate the birth of my nephew in May 2020, I put together a special video of family members sending their best to my sister and brother-in-law in their most creative ways. Best Piece of Advice a Mentor Ever Gave You: “Always seek to understand before jumping to conclusions, especially without first understanding the why.”
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ELECTIONS CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS BOARD OF DIRECTORS SLATED TIFFANY G. COX Wake County Magistrate’s Office North Carolina Central University School of Law, 2013 Most creative thing you’ve done during this weird time: Since my husband is now fully working from home, and we aren’t doing much traveling with our two kids, we sold and then bought two “new to us” cars within three weeks of each other. We used the excess funds to pay off student loans. Best Piece of Advice a Mentor Ever Gave You: Professor Patti Bynum would always remind her students: “Words are the tools of our trade.” This phrase is always at the forefront of my mind, both personally and professionally.
JAKE EPSTEIN The Epstein Law Firm, PLLC Georgetown University Law Center, 2007 Most creative thing you’ve done during this weird time: Became a father. Best Piece of Advice a Mentor Ever Gave You: “The best way to build a practice is to do a really good job for every client.”
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ELECTIONS CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS BOARD OF DIRECTORS SLATED SAM HAMADANI Wake County District Court Judge University of North Carolina School of Law, May 2011 Most creative thing you’ve done during this weird time: Many home improvement projects including designing the landscaping for our front and back yards. Best Piece of Advice a Mentor Ever Gave You: “Do not be afraid to admit when you are wrong.”
KELLIE Z. MYERS Trial Court Administrator, Tenth Judicial District Penn State, 2005 Most creative thing you’ve done during this weird time: Bought a stand-up paddleboard and learned how to use it and how to fish from it. Best Piece of Advice a Mentor Ever Gave You: “Try again!”
SARAH L. PRIVETTE Marshall & Taylor, PLLC William Mitchell College of Law, May 2009 Most creative thing you’ve done during this weird time: Not being able to travel to see family and friends outside of the State has been hard with COVID. I have worked hard to come up with creative ways to stay connected to the people we can’t visit by doing everything from sending flowers, potatograms, cards, online game night, virtual events, etc. Best Piece of Advice a Mentor Ever Gave You: “If you don’t love it, don’t do it.”
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FOURTH QUARTER 2020
ELECTIONS CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS BADGER-IREDELL FOUNDATION
ELECT 2 OF 2 CANDIDATES
JOHN SZYMANKIEWICZ Matheson & Associates PLLC / Beer Law Center NC Central School of Law, 2010 Most creative thing you’ve done during this weird time: Not really “creative,” but as an overweight white male in my 40s, I was staring at some pretty significant health consequences if I didn’t take better care of myself. So a big focus for me during this pandemic was a docs on exercise, eating better, and weight loss generally. Managed to lose a good bit of weight in the process! Best Piece of Advice a Mentor Ever Gave You: “Everyday find another job you don’t want to have. You appreciate your work more and find more respect the folks that do the jobs you don’t want to do.”
JOHN IN 2018
JOHN IN 2020 DEWEY P. BRINKLEY Law Office of Dewey P. Brinkley Tulane Law School, 2002
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w o h S e Th ! n O o G Must 2020 hasn’t brought a lot of laughs, so our Bar Awards team is coming to the rescue! Brace yourselves for the fully ONLINE presentation of the 2020 Wake County Bar Awards. Our annual night of revelry benefits our friends at Legal Aid of North Carolina’s Raleigh office, so tune in from your couch or with a socially distanced group of colleagues to help support them during this time of crisis. Click here to become a sponsor or make your individual donation online.
NOVEMBER 12 | 7 P.M. | YOUTUBE WAKE BAR FLYER
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DIRECT EXAMINATION: CHIEF DISTRICT COURT JUDGE DEBRA SASSER DIRECT EXAMINATION IS THE FIRST opportunity for the jury to meet a witness. An effective lawyer will use the opportunity to personalize the witness, making the witness appear both likeable and credible. At the end of the day, the direct examination is a party’s best chance to tell his or her story.
1. When you were in elementary school, what did you want to be when you grew up? The earliest memory I have of what I wanted to be when I grew up is from junior high school. At that time, I wanted to be a veterinarian.
6. What was your best courtroom experience? My best courtroom experience is not one in which I did any of the work. Early in my judicial career, I presided in our child protection court (abuse/neglect/ dependency). When a parent worked hard so that I could return legal and physical custody of the child to the parent, well this always filled me with immense joy and a lot of job satisfaction. I admit these were tear-filled moments. 7. Why did you become a lawyer?
I am not one of those who wanted to be a lawyer at a young age. There were no lawyers in my family. I grew up in a small town, and no lawyers were 2. What was the most important lesson your members of my church, in the neighborhood, or family parents taught you? friends. I was a math/chemistry major for my first I was the first in my family to graduate from college, two years in undergraduate, but ultimately graduated and my parents – especially my mom – taught me with an B.S. in sociology, with many undergraduate “life lessons,” which are as important to me today as hours in the computer science area. For nine years they were then: Be honest, work hard and don’t live after graduation, I worked in the IT field designing beyond means. computer systems. Then I wanted a change. I researched a variety of career options, and I decided 3. Who was your favorite teacher and why?I that law would be a good fit for me. Thankfully, it turned out to be one of the best decisions of my life. had two favorite teachers, both in high school: Wanda Gore (biology) and Harriet Livengood (math). 8. What has been the most surprising or They helped me develop confidence in myself, and unexpected development in your career? they made me feel that it was okay to be who I am, I never planned on becoming a judge when I was which was/is a bit of a geek. in law school. Initially, I thought I would be a criminal defense lawyer. But my summer clerkships were with 4. Did you love or hate law school? large firms, and I found that my background and If I had to choose either/or, then I would say I loved educational experiences were well-suited to a large it. I had worked for nine years after receiving my firm. I joined the law firm of Kennedy, Covington, bachelor’s degree before starting law school. I had more free time when I was in law school than in my Lobdell & Hickman following graduation from UNC School of Law, and I was working in general litigation former career. I really liked learning something new and with their domestic group. Despite being in a and different but must admit that exam stress was large law firm, I went to court early in my career. not fun. Within just a few months, I returned from court one day and announced to my supervising partner, 5. What was your most embarrassing Richard Stephens, that I wanted to be a judge. I think courtroom experience? this pronouncement surprised him almost as much as There have been quite a few since becoming a it surprised me. judge, starting with my first day on the bench. I had just opened court and my cell phone went off, very 9. What is your favorite book? loudly. My ring tone was “Lady Marmalade” by Lil’ I do not think I have “a” favorite book. I just finished Kim, Mya, Pink and Christina Aguilera. I felt my entire “The Vanishing Half” by Brit Bennett, and I will be face flush red. looking for more books from this author. I rarely read
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a book more than once. The only exception to this has been the Harry Potter series. Before my son could read, I started reading the series to him, then as he learned to read, we read each new release together. I did not want the series to end. 10. What is your most marked characteristic? I am a bit of a pessimist when it comes to expectations for myself. Otherwise, I am an eternal optimist. From a physical perspective, my most marked characteristic is my canine family tree tattoo. 11. What is your hidden talent? I am a dog whisperer. 12. Who are your real life heroes? For me, a hero is someone who has given selflessly of themself with no expectation of anything in return. I am surrounded by heroes who I am honored to call my friends, but I’ll only mention two here: Suzanne Lever, a member of the Tenth Judicial Bar, and another close friend (who asked not to be named) each donated a kidney to a person they did not know. 13. When and where were you happiest? Nothing can compare to the day my son was born, but [the days] when he graduated from high school and when he graduated from college come close.
FOURTH QUARTER 2020
CREATIVITY AMONGST LAWYERS WHAT’S OLD IS NEW AGAIN REDISCOVERING A CREATIVE OUTLET HELPS ONE ATTORNEY RECONNECT WITH HER INNER ARTIST BY NANCY L. GRACE | WAKE FAMILY LAW GROUP
IN THE HUSTLE AND BUSTLE of life over the last 30 years, changing careers from teaching to practicing law, raising two children as a single parent, building a law practice and giving back to the legal profession through various professional activities, I forgot that I had an artistic side, and it took COVID-19 to help me rediscover it. When the pandemic hit in early spring, it took away in one fell swoop many of the activities that regularly brought joy to my life — traveling, Tar Heel sports, getting together with friends and spending time with my children and baby granddaughter. As an extrovert, I found myself struggling with this loss and with the isolation brought about by the pandemic restrictions. When I complained about this to my sister on a Zoom video conference, she suggested we do a virtual “sip and paint.” We signed up and did our first painting in mid-March. I hadn’t painted anything in more than 30 years, but after that first virtual class I was hooked. I stocked up on canvases and paint supplies, watched a few YouTube videos and started painting up a storm. I’m certainly not ready to quit my day job, and I doubt I’ll ever see a single canvas of mine hanging in an art gallery, but rediscovering this creative outlet has been a wonderful, positive side-benefit of the pandemic. And who knows, someday one of those paintings might just show up in the silent auction for the WCBA’s Bar Awards! WBF
You’re going places. You and your firm. We’ll help you get there.
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CREATIVITY AMONGST LAWYERS A CREATIVE COVID ESCAPE WITH HIS HARLEY-DAVIDSON, ONE JUDGE PROVES IT’S NOT THE DESTINATION, BUT THE JOURNEY THAT MATTERS BY JUDGE CRAIG CROOM | SPECIAL SUPERIOR COURT JUDGE
MY THERAPIST IS DR. DAVIDSON. Dr. Davidson is a 2015 HARLEY-DAVIDSON ROAD GLIDE SPECIAL. I ride to overcome and outrun the stress of COVID. I completed the ultimate ride, the IRON BUTT, on May 16. The IRON BUTT SADDLESORE 1000 is 1,000 miles on a motorcycle within 24 hours. I completed my first Iron Butt riding round-trip from Garner to Daytona Beach, Florida and back, for a total of 1,057 miles in 18 hours, 35 minutes. I really enjoyed this ride until we hit a traffic jam southbound into Florida. Traffic stretched for miles back into Georgia. The rain began as we waited in the traffic jam. The cause of the traffic jam was a COVID checkpoint at the Florida line. We were waved through the checkpoint without questioning. I completed my second Iron Butt on August 8. This ride was a North Carolina SaddleSore 1000, which is 1,000 miles within the state of North Carolina. We rode from Knightdale to Murphy and back again. With 250 miles to go on this 1,000-mile trip, we turned on U.S. Highway 64 with the intent to go to Manteo. We experienced bright sunshine the entire trip. As we exited Interstate 540 onto Highway 64, dark clouds replaced the bright sunshine. We rode through heavy rain from Knightdale to Franklin County. A thunderstorm in Rocky Mount forced us south from completing our trip to Manteo. Storms caught us in Wilson and Dunn. We made it to Lumberton and returned to Knightdale, for a total of 1,018 miles in 20 hours, 31 minutes. Throughout both trips, I wore my mask. I also packed food and water to minimize entering buildings. Dr. Davidson prescribed the Bun Burner 1500 in 36 hours for my next ride. Be safe! WBF
TO THE RESCUE FOSTERING KITTENS BRINGS JOY DURING AN UNCERTAIN TIME BY KATIE KING | WAKE FAMILY LAW GROUP
MY FAVORITE DISTRACTION from the stress of a family law practice and, these days, the stress of COVID life, is foster kittens. Watching videos of cats and kittens on the internet has scientifically been proven to heighten positive emotions and boost energy levels. Cats get more views on YouTube than any other videos, and taking care of them in real life is (usually) even better. My family started fostering for PURR PARTNERS several years ago after our own cats died, and we (minus my husband!) missed having a cat around. The rescue was specifically looking for kitten fosters since there is always an abundance of kittens during “KITTEN SEASON,” from April to November.
people in my family law practice. I’ve been the “kitten dealer” for many of our friends in the legal community, including our very own Whitney von Haam, and I shamelessly plug fostering for anyone who has the heart to temporarily care for these babies. I promise you won’t end up keeping them all. WBF
We have hosted many kittens and mama cats, generally a litter at a time that stays in our “kitten room” until they are ready to be adopted. We have had several litters of kittens born at our house (an amazing experience for my kids), and this spring my eldest daughter and I helped deliver and revive a breech kitten on a day I was unexpectedly working from home after a mediation was postponed. We’ve had our share of sad stories over the years (one from our current litter was thrown out of a car window at just a few weeks old) and have nursed many sick kittens back to health, but watching kittens grow and get ready for their forever families has made fostering very satisfying. It’s a good counterpoint to my days spent serving
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FOURTH QUARTER 2020
CREATIVITY AMONGST LAWYERS SOWING THE SEEDS OF CREATIVITY ONE ATTORNEY FINDS THE SECRET TO HAPPINESS IN GARDENING BY SARAH J. FARBER | NORTH CAROLINA DEPARTMENT OF JUSTICE
AS A CHILD, I loved reading “The Secret Garden” by Frances Hodges Burnett. The allure of a secret place, just for the children, with the beauty and secrets nature holds, stuck in my memory long after the other themes of the book faded. I have spent the last seven growing seasons working on turning the backyard of my 1972 split-level home into something of my own secret garden. Sure, it isn’t behind a stone wall, but there is a pine stockade fence between the neighbors and me.
plants die or aren’t productive and there is zero downside. Unlike in the practice of law, no client or institution suffers. My biggest failures every year are redeemed without fail: everything edible goes into the run that houses my chickens, the Supreme Clucks. Those girls will eat almost anything, and through the magic of nitrogen, they churn out beautiful compost that I can put back into my garden. I have not run into any problem or mistake that I cannot simply undo with a shovel, a wheelbarrow, and some fresh dirt. That’s freedom.
Most days when I get home from work . . . I mean, when I log off of the VPN, I turn to the backyard and do whatever suits my fancy. Thus far, that has included everything from using a stamp to make a path that looks like stone out of concrete, planting about half of the yard with native flowers to attract birds, bees, butterflies, and other wildlife, and making a wattle fence out of invasive bamboo harvested with permission from neighbors’ yards.
Late afternoons into evening, I set to work on whatever the chore of the day is. Whether I’m harvesting tomatoes or weeding, there is a repetition that lulls me into a meditative state. I’m told people who enjoy running feel something like this as well, although I wouldn’t know from personal experience. When the sun begins to set, the symphony begins. Grasshoppers and cicadas sing, the toads that live by my fish pond add bass notes, and the wrens that live in the wax myrtles chitter to each other as they prepare for sleep.
There are no rules in my secret garden. I indulge all of my whims, so far as my budget allows. I plant things that bring me joy, even though they don’t fit with my native pollinator-friendly theme. I have edged many of the beds with empty wine bottles, a riff on both the bottle trees that are so common here and a way to save money on landscaping. I used old shutters and a screen door rescued from a home that was being torn down to build what I call “Farber’s Folly” – tongue fully in cheek.
I wheel my accumulated weeds and spent plants into the Supreme Clucks’ run and marvel at the concrete proof of a few hours of work. WBF
I adore pass-along plants that remind me of the people who shared them, and I love passing them along to others. I try things. Sometimes I fail, and
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CREATIVITY AMONGST LAWYERS PAINT, PLATTERS AND PUPPIES REFRESHING ROOMS AND FUN WITH FOOD SHOW THAT CREATIVE OUTLETS CAN BE FOUND ANYWHERE BY JUDGE ALLEGRA COLLINS | NORTH CAROLINA COURT OF APPEALS
IN MY SPARE TIME, I enjoy transforming builder’s-beige rooms into something brighter and happier (I recently painted my daughter’s room the Sherwin-Williams color Refresh), creating food boards, and raising puppies. These creative activities provide an enjoyable break from work and the doldrums of COVID distancing! WBF
LOVE, MARRIAGE & THE LAW A FORMER MAGISTRATE SHARES HIS EXPERIENCES PERFORMING CIVIL WEDDING CEREMONIES THROUGH A SELF-PUBLISHED POETRY COLLECTION BY JACOB A. DAVIS | STAFFING ATTORNEY, BILL DRAFTING DIVISION, NORTH CAROLINA GENERAL ASSEMBLY
EVER SINCE I LEARNED TO WRITE, I have written poetry. Well, if you call the unrelated, though rhyming, sentences of a third-grader poetry. Since then, I have had seasons of my life where I don’t write a line and others where I can’t put my pen down. Currently, I am living in the latter, and I see no signs of the former ever returning. On September 29, my years of writing culminated into my first self-published collection of poems, “Love is: A former magistrate’s poetic reflections on love and marriage in a county courthouse.” Each of the poems in this book were inspired by the nearly 6,000 civil wedding ceremonies I performed while serving as a North Carolina magistrate from 2013 to 2019. While presiding in my little-known ninth floor courtroom at the Wake County Justice Center in Raleigh, I switched back and forth between criminal matters and civil wedding ceremonies, experiencing the constant emotional whiplash that such transitions required. Having graduated from law school in 2014, I feel that I am finally learning how to marry (pun unavoidable!) my professional and personal lives, allowing my writing to serve as a healthy emotional outlet that, in turn, makes me a better attorney and my work to even inform my writing, as is evident in “Love is.” While I was initially hesitant to publicly share my creative side, wondering how I might be viewed within the often more traditional and buttoned-up legal profession, I am so glad that I overcame those fears. As seems to be common with vulnerability of any kind, the moment you begin sharing, you will be amazed by how many others step out to join you. WBF Click to find Love Is on Amazon
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FOURTH QUARTER 2020
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1.800.662.8843 FOURTH QUARTER 2020
EVOLVING AND THRIVING DURING A PANDEMIC: AN INTERVIEW WITH VENUS LILES BY CAMILLE STELL | LAWYERS MUTUAL
PRACTICING IN A PANDEMIC IS UNPRECEDENTED. Yet even in the worst of times, one local attorney found a way to soar and use her creativity to turn the pandemic into a teachable moment, as well as give back to her community and the world around her. I spoke with Venus Liles, in-house counsel, solo practitioner and work-from-home/ teach-from-home mom who can now add another title to her long list: children’s book author. On Exhibiting Her Entrepreneurial Spirit Venus has a great pandemic story to share. An in-house attorney at SAS Institute in Cary, she moonlights helping startups and small- to mid-sized businesses with their corporate legal needs. Venus: “When the COVID-19 emergency evolved, I was fortunate enough to have all of the technology I needed to transition to 100% work-fromhome. I have two little girls at home – Violet (age five) and Ivy (age three) – so that has been the biggest challenge for me. While ‘work’ and ‘life’ were never truly separate before, they are now more intertwined than ever. “At SAS, I’m the main legal support for vendor technology (software and hardware) so that has definitely kicked up a notch as we are trying to support a worldwide workforce in transitioning to remote work. Thanks in large part to our IT group, we had a lot of the infrastructure already in place and are now focusing on more enterprise-wide, long-term technology solutions. “In my own law practice, things did stall a bit in the beginning but have since picked back up. The time spent at home seems to have allowed the space for many people to reflect on what they want out of their careers and their lives. For some of them, that means starting a new business, which is where I can help. “I anticipate continuing to work remotely for quite a while longer. Our family is continuing to practice social distancing and, despite the day-today challenges of working from home with two little kids, I feel lucky that it’s even an option for me.”
On Writing a Book Venus: “I searched for a children’s book to help explain the coronavirus and social distancing to my kids. When I couldn’t find one, I decided to write it myself. I knew from the Camille Stell is the president beginning that although I wanted the of Lawyers Mutual Consulting book to explain the coronavirus and & Services. Continue this good hygiene practices to kids, what conversation by contacting I really wanted the book to focus on Camille at camille@ was the emotional side of social lawyersmutualnc.com or distancing. I also wanted the book 800.662.8843. to have a hopeful ending. I wrote the whole book in one sitting, but a significant number of late-night edits followed. It was such a time-sensitive subject matter that I had to act quickly. “My older daughter gets it and was very interested in the writing process. They both have a paperback copy of “Luna Stays Home” in their rooms and refer to it as ‘mommy’s book,’ which is sweet.” On Giving Back Venus devotes a portion of the book proceeds, as well as revenue from her law practice, to charity. Venus: “I just really love the idea of giving back in different ways. With the book, I’m able to help families have honest conversations with their children about what’s going on in the world and donate funds to the World Health Organization’s COVID-19 Response Fund. With my company, I’m able to help startups and small businesses with affordable legal services and give back to local nonprofits. All of that makes the hard work completely worth it.” Venus is able to connect with her startup clients because she has the spirit of an entrepreneur herself. When she couldn’t find what she was looking for, she created it. That’s a spirit that will help her not only survive this challenge, but also emerge even stronger. WBF
“BE YOURSELF, EVERYONE ELSE IS TAKEN”.
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FOURTH QUARTER 2020
PANDEMIC PROFESSIONALISM: OPPORTUNITIES TO FIND AND EXTEND GRACE HELP ATTORNEYS BROADEN THEIR PERSPECTIVES AND FIND COMMON GROUND BY RYAN SHUIRMAN | YATES, MCLAMB & WEYHER, L.L.P.
THE LAST SIX MONTHS have shown, more than ever, the importance of our being able to adapt to a changing environment in our family and social lives, as well as our professional lives. For some, loved ones have been lost to the virus, and that alone is reason to re-evaluate our routines and how we simply go about living. In a landscape that changes frequently, subject to executive and judicial orders, we have searched for constants that can give us some comfort that all will eventually be well. We have to recognize that some things in our professional lives may not “go back to normal” and that there will be new ways of doing things that may have seemed foreign or impossible just a few months ago. Professionalism has been one of those constants that, not surprisingly, has been on display throughout the pandemic and been a reassuring beacon in these not-so-reassuring times. At the outset of the pandemic, and especially as our kids began virtual schooling in March 2020, we were met in the media (and social media) with frequent reminders to “show grace” to our children, family members, and colleagues who were all adapting to unprecedented circumstances without much guidance. Grace, in the form of patience, understanding, and forgiveness seemed only natural as we encountered a new wave of emotions and frustrations on a seemingly daily basis. Grace, in the form of professionalism, was thankfully natural as deadlines evaporated, meetings were canceled, and trial calendars all but disappeared. The topic of pandemic professionalism came up at a recent meeting of the WCBA Professionalism Committee when members were invited to share displays of grace in their work lives in the past six months. A common thread was the opportunity the pandemic has given us to broaden our perspectives, put ourselves in others’ shoes, and consider anew the reasonability of another party’s goals, preferences, and risk tolerance. Conducting meetings, depositions, and hearings remotely has not only proven convenient in many circumstances, but it has given us a window into the reallife experiences of our colleagues that previously may not have been so obvious. For those who have had the ability to set up “home offices,” you surely have noticed that not everyone in your family knows and appreciates that your office is where work is supposed to get done or that a telephone call may be the only conversation in which you can participate at one time. When opposing counsel’s children interrupt a Zoom meeting, you realize that she or he is faced with the same work-life balance challenges that you are. It
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creates common ground. It fosters a sense of collegiality. And it gives you an appreciation that, while we may disagree about facts and the law, we now have tangible evidence that opposing counsel is just like you. When your dogs (or your “security detail” as one colleague lovingly described them) decide to bark in the middle of your Zoom mediation, we all understand that these are different times and are reminded that there are humans facing shared challenges on the other side of a litigation matter. While some have been fortunate to have the technology enabling effective home office set-ups, others have been confronted with limitations that, with a little grace or professionalism, have been addressed in ways we may have overlooked before the pandemic. We were told of one instance in which a lawyer welcomed opposing counsel, who had unreliable internet service at home, to come to the lawyer’s office (with appropriate social distancing, of course) to conduct a remote deposition in a case. In another story, a lawyer was confronted with having to depose an adverse witness remotely while the witness wore a mask. Rather than have the deposition taken under suboptimal conditions with masks, precluding complete observation of the witness, opposing counsel agreed that he and the witness would travel to the lawyer’s office so the deposition could be conducted in-person and with social distancing so the witness would be more comfortable without a mask. At the very outset of the pandemic, and due to the fragile health of several witnesses and an appreciation for varying risk tolerances, the lawyers in another case agreed to proceed with remote depositions that, if taken 60 days prior, would surely have been conducted in-person. Lawyers have reacted differently to the social distancing requirements put in place and the impact of those requirements on how discovery is conducted in civil cases. For personal health reasons, or in accordance with witness preferences or comfort level with interpersonal interactions, some lawyers are requesting that all discovery be conducted remotely for the entirety of the case. While a lawyer might disagree with the position taken by opposing counsel about the safety of appearing live, recognizing the reasonable basis for opposing counsel’s position is an important step toward extending grace in an otherwise contentious situation. This pandemic has undoubtedly forced us to consider new ways of doing things. By keeping professionalism in mind as new approaches are considered, we can take advantage of the opportunities to make sure collegiality continues
FOURTH QUARTER 2020
WCBA COMMITTEE FOR DIVERSITY, EQUITY & INCLUSION
DISCRIMINATION AND UNFAIR BIAS IN THE LEGAL PROFESSION? STATE BAR CONSIDERS NEW ETHICS RULES BY TAWANDA FOSTER ARTIS | SENIOR STAFF ATTORNEY, NORTH CAROLINA GENERAL ASSEMBLY
UPON THE RECOMMENDATION of its Ethics Committee, the State Bar Council recently voted to publish for comment a proposed amendment concerning the adoption of anti-discrimination language in the Preamble of the Rules of Professional Conduct. The proposed amendment would make avoiding discriminatory conduct while employed or engaged in a professional capacity a fundamental value of the profession. The State Bar Council approved a substantially similar amendment to the Preamble in 2010; however, the North Carolina Supreme Court did not approve the amendment at that time. The proposed 2020 amendment states while acting in a professional capacity, attorneys “should not discriminate on the basis of a person’s race, gender, national origin, religion, age, disability, sexual orientation, gender identity, marital status or socioeconomic status.” This responsibility would not prevent an attorney from making arguments on any issue or impede the attorney’s ability to accept, decline, or withdraw from a representation in accordance with the rules. In addition to this published proposed amendment, the Ethics Committee is considering two other changes to the Rules of Professional Conduct. The first would amend Rule 8.4 Misconduct to include a provision that is the same or similar to ABA Model Rule 8.4(g) adopted in 2016. Paragraph (g) of ABA Model Rule 8.4 states that it is professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” This rule does not prevent an attorney from making arguments on any issue, or impede the attorney’s ability to accept, decline or withdraw from a representation in accordance with the rules. The second issue involves studying a proposal to include awareness of implicit bias in the comment to Rule 1.1 Competency. Subcommittees of the Ethics Committee will study each of these issues. Today, more than half of the states in the United States have adopted a similar rule to ABA Model Rule 8.4(g) and/or a comment related to the prohibition of discriminatory and harassing conduct by attorneys. No matter where the State Bar or Supreme Court ends up on these issues, their consideration has sparked important and relevant conversations around the impact of bias, harassment and discrimination in the practice of law in our state. Any questions or comments on these proposals can be submitted to the Ethics Committee. WBF
YLD UPDATE PRO BONO OPPORTUNITY WITH TRIANGLE FAMILY SERVICES NOVEMBER 7 The WCBA YLD Public Service Committee will hold a remote YLD Virtual Pro Bono Clinic with Triangle Family Services on Saturday, November 7 from 10 a.m. to 1p.m. Clients and attorneys will be paired off in advance for 30-minute question-andanswer sessions, and we are looking to recruit one, or preferably two, lawyers in each of the following areas: (1) Criminal law; (2) Family law; (3) Benefits law; and (4) Immigration law. If you have any questions, please contact YLD Pro Bono Co-chairs Will Dickey (wdickey@lanierlawgroup.com) and Leigh Wiclair (leigh@ncprobono.org). Registration is open online. WBF
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FOURTH QUARTER 2020
WELCOME NEW MEMBERS
The following new WCBA members were approved by the Board of Directors during their August and October meetings. John Austin | The Law Offices of John Austin, PLLC
Christy Coates
Shambree Bonner | Triangle Property Law
Christine Eatmon | Eatmon Law Firm, PC
Thomas Carruthers
Marie Farmer | Morningstar Law Group
Calley Gerber | Gerber Animal Law Center
Stephanie Fields
John Green | NC Dept of Justice
Katherine King
A. Hoomani | NC Department of Insurance
William Lewis | MacDermid, Reynolds & Glissman, P.C.
Keir Morton-Manley
Candace Marshall
Kevin Peach | Robert A. Brady, PLLC
Jennifer Reimer
John Sullivan | Sullivan Law Office
Giles Rhodenhiser
Ulysses Taylor | Solo Practitioner
Cecilia Santostefano | Marcari Russotto Spencer and Balaban PC
E. Turner | Solo Practitioner
Jonathan Trapp | Trapp Law
Michael F. Anderson | The Anderson Law Firm
William Walker | Brooks Pierce McLendon Humphrey & Leonard LLP
Robert Botkin
MACY FISHER AND MARK GUNTER CAPTURE 2020 WCBA TENNIS CROWN Macy Fisher and Mark Gunter won this year’s Wake County Bar Association Championship Division doubles title on October 2 at Carolina Country Club, beating Jason Tuttle and David Peters in the final. Fisher and Gunter defeated Alice Stubbs and Rik Lovett in one semi-final, and Tuttle and Peters beat Jamie McCaskle and William Plyler in the other semifinal. Duane Hall won the Open Division, and Gina Von Oehsen Cleary was the runner-up. The weather and the refreshments were great, and a good time was had by all. Congratulations to our 2020 winners!
FISHER & GUNTER
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HALL & CLEARY
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PETERS & TUTTLE
FOURTH QUARTER 2020