Wake Bar Flyer | Fourth Quarter 2023

MEET THE CANDIDATES Get to know this year’s slate of nominees for Tenth & WCBA leadership ..................................................6 ___________________________________ _

VOL. LIX • ISSUE 4 | FOURTH QUARTER 2023

BAR FLYER DID WE INCREASE OUR IMPACT?

BY JUDGE ASHLEIGH PARKER | WAKE COUNTY BAR ASSOCIATION & TENTH JUDICIAL DISTRICT BAR PRESIDENT THANK YOU FOR affording me the opportunity to serve as your Tenth Judicial District and Wake County Bar Association President! It has truly been my honor to lead the best bar in the state of North Carolina! During my inaugural speech, I stated that my theme or focus for the year was for us to “Increase our Impact” with each other, our community, and the legal profession and we have accomplished so much in these areas together.

Because of you, our committee chairs, YLD, Board of Directors, and staff I’m proud to announce that we achieved this goal and I’m so grateful for everyone’s dedication to these efforts! We did it!

Here are just a few ways that “we did that” (as the young people say): On each other: • Completed our strategic planning process where our focus for 2023-2026 will be mental health, wellness and diversity, equity and inclusion; • Updated our membership categories to include a Senior Lawyers Division, merging with the Senior Survivors, and a Law Student Division.

• Created a robust Membership Committee that now includes athletics, social and lawyer support; • Swore in 27 attorneys at the US Supreme Court; • Created a Public Position Policy and Artificial Intelligence Task Force; • Returned to in-person Memorial Sessions and moved our bar luncheons to the University Club; • Started a new luncheon schedule that allowed for virtual, dine-arounds and in-person options so every member could participate; • Provided more than 55 hours of quality CLE’s that were relevant to our bar and profession.

On our community: • Exceeded $1 million given to Legal Aid throughout the 16 years of the Bar Awards; • Provided two $30,000 grants for the first time ever through our WCBA Foundation to the Wake County Legal Support Center and Friends of the Wake Guardian ad Litem; • Held numerous clinics including driver license, power hour, and expunction clinics; • Served with sweat-equity at numerous locations throughout the county including the Raleigh Rescue Mission, Food Bank and Rise Against Hunger; • Supported local children through our school supplies and suitcase drives; • Revamped the Lunch with a Lawyer Program for City of Raleigh’s summer employment program; • Supported the Wake County Legal Support Center which has served more than 4,500 people and attorneys from our bar have provided more than 100 hours of pro bono service through the Center.

UPCOMING EVENTS MEMORIAL SESSION OF COURT Friday, December 1 | 2 p.m. | Raleigh WCBA HOLIDAY PARTY Friday, December 1 | 7 p.m. | Raleigh TENTH J.D. BAR & WCBA JOINT ANNUAL MEETING LUNCHEON Tuesday, December 5 | 12:15 p.m. | Raleigh CIVIL LAW UPDATE CLE Tuesday, December 5 | 1:45 p.m. | Raleigh LAWYER ON THE LINE Wednesday, December 6 | 4 p.m. | Raleigh LEARN OVER LUNCH CLE – FORENSIC METEOROLOGY Thursday, December 7 | 1 p.m. | Raleigh RISE AGAINST HUNGER Saturday, December 9 | 9:30 a.m.

INSIDE THIS ISSUE 2 A NOTE FROM THE EXECUTIVE DIRECTOR 3 BRIAN BEVERLY WINS JOSEPH BRANCH PROFESSIONALISM AWARD 5 NOTICE OF ELECTION 9 INCREASING OUR IMPACT ON THE LEGAL COMMUNITY AND PROFESSION 10 CULTURAL NORMS IN THE LEGAL COMMUNITY 11 THE UNAVAILABLE LAWYER 12 DIRECT EXAMINATION 13 THE HEALTH AND WELLNESS IMPACT OF COMMUNITY 15 JENNINGS & JIMENEZ CAPTURE TENNIS CROWN 16 2024 CHARLES BRANDON HUNT BASKETBALL 18 WELCOME NEW MEMBERS 20 THE BOY IN THE BLUE HELMET

On the legal profession: • Welcomed over more than new attorneys through our Swearing-In ceremonies; • Held a Professionalism for New Admittees CLE with more than 100 participants; • Our Law Student Membership is now open to all NC law schools and membership is free to encourage students to join and network; • Provided two $5,000 scholarships to high-achieving law students; • Created a WCBA Affiliate status for lawyers who either do not belong to the Tenth Judicial District Bar but live or work here OR who do not reside or practice in Wake County. This status enables them to have access to our benefits including CLE opportunities.

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Visit our website: www.wakecountybar.org 919.677.9903 phone

WAKE BAR FLYER

VOL. LIX | No. 4 | FOURTH QUARTER 2023 Presidents JUDGE ASHLEIGH P. DUNSTON, WCBA & TENTH J.D. BAR

APOLOGIES TO THE BARENAKED LADIES, BUT: IF WE GAVE A MILLION DOLLARS

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

Presidents-elect SARAH PRIVETTE, WCBA JAMES HASH, TENTH J.D. BAR

I’M NOT GONNA LIE: I am so proud of our Bar for hitting the $1 million mark this year for the cumulative gift to Legal Aid through the Bar Awards.

Secretary MEREDITH PACE BREWER

When I arrived at the WCBA in 2010, the Bar Awards was still in its infancy: an idea that John Mabe set in motion during his presidency and largely did the fundraising side for in its earliest years. The first year it was set at the Rialto, and everyone was thrilled that the total amount given to Legal Aid hit the goal of $5,000.

Treasurer ELYSIA PRENDERGAST-JONES Immediate Past Presidents YVONNE ARMENDARIZ, WCBA DAYATRA T. MATTHEWS, TENTH J.D. BAR Board of Directors KRISTEN L. BEIGHTOL DAVID R. BOAZ TIFFANY G. COX JAKE EPSTEIN JUDGE SAM HAMADANI LEANOR B. HODGE JOHN HOOMANI ERIKA N. JONES JENNIFER M. JONES DEAN J. RICH LEONARD (EX OFFICIO) KELLIE MYERS WILL OWENS STEPHANIE N. ROBINSON KENDRA STARK PATRICK WILLIAMS Young Lawyers Division President JACOB M. MORSE Young Lawyers Division President-elect 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 HEIDI C. BLOOM WALTER E. BROCK ASHLEY H. CAMPBELL KATHERINE A. FRYE KIMBERLY A. MOORE JUDGE ROBERT B. RADER WARREN T. SAVAGE © 2023 Wake County Bar Association & Tenth Judicial District Bar.

In addition to John, there were so many of the early adopters of this vision that really got the Bar Awards off the ground: writers such as Ripley Rand and Matt Cunningham; music folks such as Charles Putterman, Rick Hunter and Walter Brock; performers like Sam Fleder, Rhonda Raney, Neubia Harris and Leah Hermiller and folks who cracked the whip and made sure to get everything done for a show on time like Shannon Joseph and Carmen Bannon. We even had mystery voices such as Judge Margaret Eagles and Asa Bell.

Yes, I’ve missed many of you on this list…trust me, it was hard to keep up with you while we were planning let alone 10-15 years later. Suffice it to say: the village that has carried and maintained this treasured annual event is large, passionate, funny and committed to Legal Aid. I’ve been lucky to have been around for the past 13 years while the show has changed and grown…but one thing has never wavered: our laser focus on why we do it.

LANC CEO Ashley Campbell told the crowd at the event on November 2 that the Wake County Bar Association Foundation remains the organization that gives the largest gift annually to Legal Aid, and we all know that that is the collective strength of firms and individuals in our bar devoting time and money to some of the hardest working lawyers in the state.

If you have had any touch with a Bar Awards – that is in the planning, performing, outreach, sponsoring, staffing, spectating or anything: a sincere thank you. This event is a perfect example of what makes our bar special, and I am truly honored to be a part of it. WBF

DID WE INCREASE OUR IMPACT, CONTINUED Lastly, as you may or may not recall, my last duty as President-elect was to request a dues increase of $30 and you voted unanimously to support that change. Because of this dues change, I’m thrilled to announce your newest membership perk that will be included with your dues–Decisis! This is a comprehensive, easy-to-use, research tool powered by LexisNexis that will be launching in late 2023!

I can’t believe it but the end of the year has finally arrived and so has the end of my presidency. While bittersweet, it has been the highlight of my professional career to serve in a leadership role in this amazing bar over the last eight years from Board of Directors, Treasurer, President-elect and President.

Thank you for all of the love and support that you have provided me throughout the years and I look forward to continuing to serve our bar and profession in other capacities in the future. The aspiration to increase our impact is never ceasing and the work doesn’t end here. Remember that “you’re enough” and “you’re needed” for our profession and our world. I love you all and charge you to never stop increasing your impact! WBF

BRIAN BEVERLY RECOGNIZED WITH JOSEPH BRANCH PROFESSIONALISM AWARD TAMLA TYMUS BEVERLY | TYMUS BEVERLY PLLC

“THAT’S JUST WHO HE IS.” The ancient Greek philosopher Plato once said, “the most important qualification for any leader is not wanting to be leader.” That’s Brian. He doesn’t seek the spotlight, he doesn’t ask to be chosen, he’s not in the room because he wants to be at the front of the room. He just quietly and determinedly does what he does. He thinks. He asks the right questions.

He makes the most salient point. He shows up. He helps. He arrives first and leaves last. And because of that, he is chosen to lead.

When interviewed by Attorney at Law magazine while serving as president of the Wake County Bar, he stated: “[M]y motivations are not ambition or remuneration for what I do. It’s just an honor that people think I am worthy of this position and that they trust me enough to give me the keys for a year.” And that’s Brian.

Brian has always had a heart for service and an unselfish desire to give to others. In that same interview, he noted, “I’m a volunteer. My dad gave a tremendous amount of his time and energy to helping people in need and he still does. That approach was ingrained in me early on. I’m going to be standing in the gap for those who may not have the ability to do it for themselves.”

Brian was born and raised in Lusby, Maryland, a rural town adjacent to the tourist-haven, Solomons Island. Lusby is bordered by the Chesapeake Bay on the east and the Patuxent River on the west, so water was a key aspect of Brian’s everyday life as a child. Even now, whether it is a sailboat or a jet ski, he is most relaxed when he’s on the water. Most of his family, as they say, “worked the water” and Brian spent his summers doing the same. He worked in the boatyard repairing sailboats and waited tables in seafood restaurants. He is a true Marylander, and as much he loves North Carolina in general and Raleigh, in particular, he will not eat a North Carolina crabcake or touch an oyster in a month without an “r.”

But more so than imbuing within him a love for seafood and Orioles baseball, his upbringing on the waters of the Chesapeake Bay taught him lessons he still holds about hard work, pulling together as a team, and staying on the job until the work is done. That shows up in his work as an attorney, his work in the community and his commitment as a husband and father. His leadership, integrity and professionalism permeate every aspect of his life. Who you see is who he is, at work, in the community and at home.

He may hale from Maryland but when it comes to the University of North Caroliana at Chapel Hill, he’s “a Tar Heel born and a Tar Heel bred.” His love and commitment to UNC is evident in the work he continues to do on behalf of the university. He’s a lifelong member of the General Alumni Association and he serves on the Light on the Hill Society Advisory Board, which, since its inception, has awarded 112 scholarships to deserving UNC undergraduate students. He chaired the annual Black Alumni Reunion and in 2016 was awarded the Harvey E. Beech Distinguished Alumni Award. But most notably,

WAKE BAR FLYER • FOURTH QUARTER 2023

he has been known to arrange flights around UNC basketball schedules. He loves all sports and is known to say, if they keep score, I’ll watch it; but if it’s UNC, the Washington Commanders or the Baltimore Orioles, he is front and center.

At home, Brian is a committed husband and father. Our children know that they can count on him through thick and thin, and no matter what, he is on their side. When his two children, Quentin and Nia, would leave the house, he would simply say, “remember who you are.” That meant, remember what you have been taught, and act with the same integrity and honor as you see me exemplifying at home. From day one, he has treated my daughter, his stepdaughter Tyler, as his own; and he has instilled in her that same level of integrity. He teaches them that life isn’t always easy, but with prayer, hard work and dedication, and a call to Dad if needed, they can be anything and he supports them on any path they choose.

He gets his fatherhood honestly, his dad, the Rev. Irvin Beverly, pastors Bethesda United Methodist Church in Valley Lee, Maryland, and has received his own rewards and accolades for community service and giving back to others. At 87, he still preaches every Sunday, and Brian still calls him to ask what text he relied on that week for the basis for his sermon. Brian, his father, stepmother Eilene Beverly and I will have church after church during those calls.

Brian’s mother, the late Doris Beverly, was a God-fearing woman and together she and Rev. Beverly raised Brian to care for others and serve the community.

He credits this desire to give back and help others in need as his inspiration for becoming an attorney. Prior to her untimely passing, Brian was his mother’s caregiver. He deferred law school for a year to be by her side and would drive back and forth from his job in Annapolis to Lusby every day to provide for her needs. That’s just who he is.

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JOSEPH BRANCH PROFESSIONALISM AWARD, CONTINUED I believe that Brian was bestowed this honor due to his hard work and dedication to the legal community in Wake County and beyond. If you are familiar with his volunteer efforts in the Tenth Judicial District, you may ask yourself, how does he have time to do anything else? But surprisingly, he is just as busy, if not busier, with his community involvement and public service.

The vast majority of his volunteerism is through his fraternity. Brian was initiated into Omega Psi Phi Fraternity, Inc. as an undergraduate student at the UNC. Since then, he has served his fraternity tirelessly and has been elected and appointed to leadership positions at the local, district and international levels.

He has been named Omega Man of the Year on multiple occasions and was recently awarded the 6th District’s Founders Award, which is bestowed upon a member who exhibits the highest ideals of the fraternity’s Cardinal Principles and has, per the Fraternity’s requirements, “had an impact on society that has enhanced the welfare of mankind.”

Brian served for four years as the district representative (chief officer) of Omega Psi Phi’s 6th District, which is comprised of more than 100 graduate and undergraduate chapters and over 2,000 members in the states of North Carolina and South Carolina. Prior to that, he served for six years as the district counselor. At the international level, Brian has served as the parliamentarian for the fraternity’s past two national conventions and he currently chairs the fraternity’s Grand Tribunal, handling disciplinary actions.

At the local level, he most recently served as the president of his chapter’s charitable foundation. His work within the fraternity goes beyond positions and appointments.

He is in the trenches participating in blood drives, book drives, feeding the hungry, participating in youth initiatives, providing meals and school supplies for local children and promoting social action, education and character development.

Brian’s commitment to community service and helping others is rooted in his upbringing in the church. He was raised in the United Methodist Church and has a deep and abiding love for God and Jesus Christ as his personal savior.

He is a current member of Baptist Grove Church in Raleigh, North Carolina. And naturally, he serves in the church, as well, including the church’s Security and Emergency Response Team. Little known Brian fact, he has a wonderful singing voice and he recently participated in the Men’s Day choir.

Aside from all of this, as I say jokingly, he also has a day job. And he LOVES his day job. Brian is the only person I know from law school, that is still at the same firm where they clerked as a 3L. He literally never left. His commitment to Young Moore is but one example of his commitment and dedication and his steadfast devotion. And Young Moore has been similarly committed to Brian. Young Moore provided him with a foundation that he has built upon over for nearly 30 years and he credits their shared goals of being the best, practicing with integrity and representing their clients with the highest level of zeal.

The Brian Beverly you see at bar functions or in the courtroom or leading almost every organization of which he is a member, is the same Brian Beverly we see as husband and dad. I believe that it is his constancy that sets him apart from the rest. Am I biased? Of course, I am. But my admiration for him and all that he does would exist even if I weren’t his wife. Even if I weren’t his wife, as a graduate of the North Carolina Central School of Law, I would be proud of the manner in which a fellow-graduate has embodied the law school’s motto of truth and service.

Even if I weren’t his wife, as a lawyer who practices in Wake County, I would admire the accomplishments he achieved while serving as the president of the Wake County Bar Association and the respect and admiration he has garnered from the bench and bar alike. Even if I wasn’t his wife, as a member of the Capital City Lawyers Association, the local voluntary bar association comprised primarily of attorneys, judges and elected officials of color in Wake County, I would love the fact that a fellow African American lawyer has served in capacities and earned awards – such as this one – that very few black attorneys have dreamt of achieving.

Even if I weren’t his wife, as a member of Delta Sigma Theta Sorority, the sister organization to his fraternity, I would appreciate the policies and programs he has implemented and overseen that impact the nine black Greek-lettered organizations as a whole and trickle down to make the African American community, in particular, and the larger community as a whole, a better place.

But, I am his wife, so here comes the mushy part: I adore him. When he walks in the room, I smile. And when I watch him from across the room, I wink.

Ironically, our relationship began as a result of one of his accolades. I was living in Washington, DC and received a copy of Of Counsel, the alumni magazine published by North Carolina Central School of Law. And when flipping through the pages, I noticed a picture of Brian being acknowledged for his inclusion in the 2011 version of Super Lawyers. We had literally, just the day before become Facebook friends so I messaged him and said, Congrats on being super! Well, the rest is history and I’ve been thinking he is super ever since.

With a heartfelt and humble appreciation, I extend my warmest thanks and gratitude to the Wake County Bar Association, the Tenth Judicial District and the Joseph Branch Professionalism Award Committee for honoring Brian with the highest honor granted by our local bar. Thank you for seeing in him what I see in him. WBF

It also helps that Brian is really smart. I always joke that Brian is an anagram for brain. He is my rule book in human form, and I never hesitate to call upon him (sometimes in the middle of trial) for advice and direction. He has taught me to “always take the deposition” and his skill in the courtroom is renowned throughout the state. As a family law attorney, I am rarely in Superior Court, but whenever I am and the lawyers, judge or clerk realize that I am Brian Beverly’s wife, I always hear the same refrain: “I love Brian!

He is such a great guy.”

WAKE BAR FLYER • FOURTH QUARTER 2023

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NOTICE OF ELECTION THE NOMINATION COMMITTEE reviewed all submitted applications and member recommendation forms and selected candidates for available positions.

There will be an electronic vote to affirm the slate and contested elections 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 By-Laws of the North Carolina State Bar: 1.That the annual election of Officers will be held on Tuesday, December 5, 2023 at the Marriott City Center at 500 Fayetteville Street in Raleigh at 12:15 p.m.

Lunch will be served 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, directors and a State Bar Councilor 3. The following officers will be elected: President-elect, Treasurer, Secretary PRESIDENT-ELECT (ELECT ONE) Jake Epstein Kimberly Turner Miller

TREASURER (ELECT ONE) Elysia Prendergast-Jones

SECRETARY (ELECT ONE) Tiffany Cox

4. The following State Bar Councilor position will be elected by the Tenth Judicial District Bar: One Councilor (to fill the Katherine Frye Seat for her move to Vice President): STATE BAR COUNCILOR | FRYE SEAT (ELECT ONE) Howard J. Cummings Evin L. Grant 5. The following directors have been selected by the Nominations Committee and will be affirmed by voice vote (three-year term): Tara N. Cho April M. Giancola Jessica B. Heffner

Gabe Jimenez Jennifer M. Jones

Please see biographical information on the following pages for more information. WBF

PRESIDENT-ELECT ELECT 1 OF 2 CANDIDATES Jake Epstein

Epstein Sherlin PLLC Georgetown University Law Center, 2007 WHAT IS YOUR THEME SONG? When did we get theme songs? Definitely the Rocky one.

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: “If you say you are going to do something, do it.”

FAVORITE CAREER HIGHLIGHT:

(my grandmother): My grandmother gave me this advice over 16 years ago on the eve of my wedding day. Over the last 16 years, I have realized that this advice extends to the practice of law or any position that requires two competing sides to reach a meeting of the minds. There are many times that adversaries take seemingly immovable positions, and, in many cases, those positions are informed by personal experience, pain or loss. However, facing an immovable obstacle is not the end of the story. I have found that you can often find an alternate route to reach the same destination if you are willing to put in the work. Cases are not resolved and progress is not made by simply steam rolling someone else’s opinions or beliefs. While it is important that we stay true to ourselves and uncompromising on core beliefs, I do find the best way between two points is not always a straight line.

My favorites are the ones where there is the greatest help to a person’s life.

One that sticks out is a representation of a very nice elderly lady who was being unjustly evicted from her home by the housing authority. Due to a significant health condition, there was great concern that she would not survive if she were forced out of her home. I will never forget the look of relief on her face upon receiving a favorable judgment.

At first glance, it might seem that my grandmother’s guidance speaks to avoidance of conflict but if you knew Ann Kesler that notion would quickly be put to rest. My grandmother was guiding me to be creative, resourceful, and to persevere when faced with a challenge. Stay focused on the end goal and pursue whatever path is necessary to get you there. Sometimes, it is better to go around than through.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I have only owned stick shift cars.

FAVORITE CAREER HIGHLIGHT:

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? I plead the Fifth.

WCBA/TENTH JD BAR ACTIVITIES: WCBA/Tenth Judicial District Board of Directors Member of Strategic Planning Committee Member of Public Position Policy Task Force Chair of Tenth Judicial District Grievance Committee

OTHER BAR-RELATED ACTIVITIES: NCBA/NCBF Board of Governors Member of Membership Value Task Force Chair of NCBA Membership Committee NC State Bar Delegate to the ABA House of Delegates Chair of NCBA YLD Legislative Committee Chair of NCBA YLD Wills for Heroes Committee BarCARES Board of Directors

Kimberly Turner Miller Owens & Miller PLLC Campbell University School of Law, 2007

WHAT IS YOUR THEME SONG? Lose Yourself – Eminem: Lose Yourself speaks to the fears we all face when the spotlight shines the brightest and the courage it takes to persevere. More importantly, this is my son’s walk-up song in youth baseball!

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: “Sometimes, it is better to go around than through.” - Ann Kesler WAKE BAR FLYER • FOURTH QUARTER 2023

In 2018, I was honored to receive the Distinguished Alumni Award for Campbell University. The award is bestowed upon Campbell alums that have distinguished themselves in their personal and professional career and their support of Campbell University. This was a career highlight for me because my daughter joined me at the Awards Banquet and football game the next day where we were recognized. She also rode with me in the Campbell University Homecoming Parade, which was quite a treat for her. Having my daughter observe and take part in a weekend event that celebrated my career was important to me as a mother and a lawyer. This experience is something I will cherish forever.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I have an identical twin sister!

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? I plead the Fifth!

WCBA/TENTH JD BAR ACTIVITIES: Board of Directors, WCBA/Tenth; BOD 2020-2022 Chair, WCBA Bar Awards; 2019 Sponsorship Chair, WCBA Bar Awards, 2017 Vice Chair, WCBA Foundation Steering Committee; 2022-Present Member, WCBA Scholarship Committee; 2022 - Present

OTHER BAR-RELATED ACTIVITIES: Chair, Campbell Law School Alumni Association Board of Directors; 2017-18 Vice Chair, Campbell Law School Alumni Association Board of Directors; 2015-16 Sustaining Patron, NCAJ; Present

OTHER LEADERSHIP ACTIVITIES: President, Lacy Foundation; 2022-2023 Board of Directors, Lacy Foundation; 2021-2024

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TREASURER ELECT 1 OF 1 CANDIDATES

SECRETARY ELECT 1 OF 1 CANDIDATES

Elysia Prendergast-Jones

Tiffany Cox

WHAT IS YOUR THEME SONG?

WHAT IS YOUR THEME SONG?

Girl on Fire

Run the World (Girls), Beyonce

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: As an attorney, your

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: It doesn’t matter what you

Legal Aid of NC, Raleigh Office North Carolina Central School of Law, 2008

reputation is all you have, protect it.

FAVORITE CAREER HIGHLIGHT: My first published appeal gave me so much pride.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I was on Judge Steve Harvey, second season (it was a fun

Prisoner Legal Services North Carolina Central University School of Law, 2013

do, be the best at it.

FAVORITE CAREER HIGHLIGHT: Becoming a Staff Attorney at NC Prisoner Legal Services and having the realization that this is what I was meant to do.

experience).

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I was a ballerina for several years when I was younger.

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME?

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME?

Breaking puppies out of the shelter.

On the advice of counsel, I plead the Fifth.

SLATE FOR DIRECTORS VOICE VOTE FOR ENTIRE SLATE Tara N. Cho

FAVORITE CAREER HIGHLIGHT:

Free & Easy (Down the Road I Go) by Dierks Bentley

There are a handful of child custody cases I’ve tried over the years that resulted in particularly positive and impactful outcomes for the children involved. I feel honored and privileged to have been able to help them through my work as a family law attorney, and those outcomes continue to motivate and remind me of my professional “why.”

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: Don’t tell clients no without offering a

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I am a voracious fiction reader, and if I were not a practicing

Womble Bond Dickinson (US) LLP New England School of Law, 2009 WHAT IS YOUR THEME SONG?

solution.

attorney (or if I win the lottery!), I would want to own a bookstore.

FAVORITE CAREER HIGHLIGHT:

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME?

All the colleagues and clients turned friends along the way.

Well, my work nickname is “Killer”…

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I’m a sneakerhead.

April M. Giancola

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? Speeding in a “borrowed” 1963 Corvette Stingray.

Jessica B. Heffner

Campbell School of Law New England School of Law, 2000 WHAT IS YOUR THEME SONG? Count on Me by Bruno Mars

Wyrick Robbins Yates & Ponton LLP Campbell Law School, 2013

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: When considering your next job/career

WHAT IS YOUR THEME SONG?

move, always be thinking how it will position you for your next professional journey.

“Shake It Off” by Taylor Swift

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: Before spending significant energy or time agonizing over an issue/dispute, consider whether (and to what extent) it will matter in 5 years—if not (or minimally so), slow down and be sure to maintain perspective.

WAKE BAR FLYER • FOURTH QUARTER 2023

FAVORITE CAREER HIGHLIGHT: Arguing a case before the 4th Cir Court of Appeals

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I love writing short plays and have had plays performed in the Raleigh area.

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SLATE FOR DIRECTORS CONTINUED IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? Participating in a protest/act of civil disobedience for a cause I’m passionate about.

Gabe Jimenez Jimenez Law Offices, PLLC Florida State University College of Law, 1997 WHAT IS YOUR THEME SONG?

BAR COUNCILOR VOTE FOR ONE Howard J. Cummings Tharrington Smith LLP Campbell School of Law, 1979 WHAT IS YOUR THEME SONG? Somewhere over the Rainbow

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: When you’re not busy, find a

Pride by U2

courtroom in session, sit on the front row, and listen.

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: Turn down cases that are not a good fit

FAVORITE CAREER HIGHLIGHT: Working with Wade Smith.

for my representation.

FAVORITE CAREER HIGHLIGHT: Every time a former client comes back to me for legal assistance a 2nd or 3rd time….it is the highest compliment.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I organized missionary groups with the Jesuit Order that raised money and built aqueducts oversees in farming communities that had no running water.

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? Vigilantism.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I go to Barre class twice a week.

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? Stealing from the rich…… (and giving to the poor).

Evin L. Grant NC Department of Administration Campbell Law School, 2016 WHAT IS YOUR THEME SONG? “Prosper (DMV Edition)” - David Michael Wyatt

Jennifer M. Jones Wake County Attorney’s Office Norman Adrian Wiggins School of Law at Campbell, 2002 WHAT IS YOUR THEME SONG? “Roar,” by Katy Perry

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: Being prepared, showing up on time and in the right place and over half the battle is already won.

FAVORITE CAREER HIGHLIGHT: Being sworn into SCOTUS in 2016 and meeting RBG.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I was in a third-grade class with Drew Barrymore while she filmed Firestarter in Carolina Beach, NC.

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? Probably speeding! For some reason, any speed over 65 mph feels the same in my Miata!

BEST PIECE OF ADVICE A MENTOR EVER GAVE YOU: “It’s not about what you know. It’s not even about who you know. It’s about who knows you, and what they know about you.” - Ken Hammer

FAVORITE CAREER HIGHLIGHT: In January 2023, I was presented the 2022 NC Department of Administration’s Secretary’s Award of Excellence in Public Service for making outstanding contributions by participating in or implementing community and public service projects such as volunteering in the community or helping various non-profit organizations.

WHAT IS SOMETHING THAT WOULD SURPRISE PEOPLE TO KNOW ABOUT YOU? I have over 40 plants in my home.

IF YOU WERE SENT TO PRISON, WHAT WOULD BE THE CRIME? Failure to provide adequate care to all of my plants. This should be a crime if it’s not.

WCBA/TENTH JD BAR ACTIVITIES: Wake County Bar Association DEI Committee, 2018-2023 Wake County Bar Association Grievance Committee, 2023 Wake County Bar Association Nominations Committee, 2023 Wake County Bar Association Professionalism Committee, 2023

OTHER BAR-RELATED ACTIVITIES: Capital City Lawyers Association Communications Chair, 2018-20, 2022-23 Among other previous roles with the WCBA, CCLA, NCBA, and the National Conference of Black Lawyers (NC Chapter)

WAKE BAR FLYER • FOURTH QUARTER 2023

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INCREASING OUR IMPACT ON THE LEGAL COMMUNITY AND PROFESSION

BY SEAN COLE | PROFESSIONALISM COMMITTEE, LAW OFFICES OF SEAN COLE DECEMBER 3, 2022, WAS a day like many others in Gastonia, North Carolina, “the Gateway to Charlotte.” My family and I were visiting my wife’s extended family and planned to spend the afternoon decorating a tree and having some pre-Christmas festivities before returning to Raleigh that evening. Little did I know that I would not return to Wake County until eleven days later.

That morning we stopped at a museum in Gastonia to pass the time while the local family prepared for the afternoon. As we walked down a hallway, I fell down a flight Cole of steps, breaking toes on both feet and both my humerus bones within the shoulder socket, shattering the one on the left. My surgeon would later tell me it was the worst shoulder fracture he’d ever seen, but luckily he was able to rebuild rather than replace it. [Normally I would insert a compelling story about how the surgery was done without anesthesia or how I did part of it myself, but this is, after all, an ethics/ professionalism article, so just imagine what you will of what I would normally say about how that worked.]

For nearly three months I was confined to home, unable to move much due to fractures in all four limbs and having significant limitations in my practice. I still have physical therapy and likely will into next Spring at least.

Those two paragraphs sum up a very, very long period for me. As a solo plaintiff’s attorney, I have no partners or associates to pick up the load, and only the occasional part-time staff. Of course, many of you and other friends from other bars offered to help as necessary, and I took up some of those offers.

However, what struck me was, with literally only one exception, the defense attorneys and adjusters with whom I deal were not just professional, but generously so in working with me to accommodate my recovery (the exception, I am pleased to note, was not an attorney, but an adjuster, who of course do not have our same rules of professionalism).

Rule 1.2 of the Rules of Professional Conduct states: “RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. ...

(3) In the representation of a client, a lawyer may exercise his or her professional judgment to waive or fail to assert a right or position of the client.”

While I continued to get everything (legally and physically) moving again, opposing counsel and adjusters (save one) worked with me. This level of professional courtesy often surprised my clients, who expected more of a television and movie atmosphere, wherein I’d be forced to appear in court wearing my surgical gown and attached to an IV while desperately trying to advance their case against overwhelming odds. Yet that did not happen, and I found it deeply encouraging.

When I first started practice in the 90s, I worked for a Raleigh insurance defense firm. After resolving one of my first cases, the plaintiff’s lawyer called me to confirm I had the release and said, “thanks for being good to work with. I enjoyed it.” I was pleased and told several older lawyers about the conversation. One immediately chastised me and said that clearly I’d screwed up and should not be getting compliments from the opposition. They weren’t kidding: they were visibly, vocally disappointed. I nearly quit on the spot, but other lawyers were not nearly so negative, so I stayed.

After 25 years of practice, I’m proud and glad to say I’m still part of the Wake County Bar, and that I have encountered much more positivity and courtesy than obstructionism or underhandedness. There have been times when I forgot these ideals and was not as professional as I should have been. Luckily, I apologized when it happened, and I have always found understanding and forgiveness from those offended (also luckily, I never really got out of hand . . .).

You may be thinking, “Delightful story! What does that have to do with the community and profession?” Just this: we never know when we will find ourselves at the bottom of a flight of stairs, unable to move figuratively, or in my case, literally. How we have treated others will be remembered and repaid in kind.

So when we have the chance to be courteous and reasonable, and we can do so (of course within reason and without prejudicing a client’s interests), we should do it. Even in cases where it’s not strictly necessary, or critical to the other side’s case. That sort of conduct impacts the legal community and the surrounding community by showing our clients that we’re not what they may initially think.

In the film version of “Out of Africa,” Berkeley Cole is describing to Karen von Blixen a conversation he had with Denys Finch Hatton about a friend who hadn’t returned a loaned book. Cole said, “I said to Denys, “You wouldn’t lose a friend for the sake of a silly book, would you?” and he said, “No! But he has, hasn’t he?”

Small actions or slights can have unexpected repercussions and lawyers have long memories. I know I won’t forget the people who were good to me. WBF

(2) A lawyer does not violate this rule by acceding to reasonable requests of opposing counsel that do not prejudice the rights of a client, by being punctual in fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy and consideration all persons involved in the legal process.

WAKE BAR FLYER • FOURTH QUARTER 2023

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CULTURAL NORMS IN THE LEGAL COMMUNITY NEUBIA HARRIS | COMMITTEE FOR DIVERSITY, EQUITY & INCLUSION

Harris

THE COMMITTEE FOR Diversity, Equity & Inclusion (“CDEI”) aims to ensure that the Wake County Bar Association creates and maintains an environment where members voices are heard, acknowledged and regarded. This sounds amazing, but often is difficult to achieve. Even the most wellmeaning culturally competent people can totally miss the mark when it comes to DEI work. As members of the legal profession, we have a unique opportunity to impact the world around us. This is an impact which we can increase when we are more knowledgeable and tolerant of the cultural norms of the world around us.

In response to a prompt about CDEI “Increasing our Impact,” I reached out to some colleagues who are Muslim as religious diversity is usually not what immediately comes to mind. I unconsciously framed the inquiry in a way that presumed that the experience of the Muslim Legal Community was a monolith. Fortunately, my colleagues corrected this error with grace and gave me invaluable information that I would like to share with the WCBA. Everyone has their own personal cultural norms. In the legal community, most of the customs, from greetings, to invocations, to whether it is appropriate to traverse the halls behind the courtroom, are centered around what we have traditionally seen in the legal community – that is White, Christian, males.

These descriptors, while identifying, are not necessarily indicative of a particular

Local Solutions. Global Reach.

culture. However, because these identities are seen as “normal,” those of us who fall outside of these categories are considered a minority. Implicit bias has a way of creeping in when those not in the minority interact with those who are. One of those biases is that an identified minority is looking for an accommodation. This bias ignores the reality that all of us are simply seeking equal respect and consideration in our professional and personal lives.

When you meet a new associate, how do you typically greet them? For me, at least pre-COVID-19, it was a handshake. However, did you know that in some cultures, it is not proper to shake hands with someone of the opposite gender?

In a situation where you offer a hand to a new associate, and that gesture is not reciprocated, consider that your new associate may not be rude, but rather, and more likely, is adhering to their personal norms. Knowing that cultural differences like this exist is important. However, knowing what to do when encountering cultural differences is paramount.

We must recognize that the membership in a certain group does not mean a person will conform to your expectations of that group. For example, you probably already know that your Muslim colleagues likely do not eat pork, do not consume alcohol, and fast during Ramadan. However, you may not know that some of your Muslim colleagues wash up for prayer and pray in their office during the day. The real work of DEI, is to not only recognize cultural differences, but to ask individuals directly about them, be open and openminded what they tell you (even if it is not the same as others you believe share the same culture), and to show others the same respect that you would like to receive when someone encounters one of your own eccentricities.

Once we take the time to learn, understand and respect the cultural norms of those unlike ours, our duty is to increase this impact by being allies to that culture in other settings. WBF

THE UNAVAILABLE LAWYER: CONSIDER BECOMING A TRUSTEE

BY FRED MORELOCK | THARRINGTON SMITH LLP WHAT HAPPENS WHEN a lawyer goes missing? Who steps in to protect the clients, their files and their entrusted funds?

Recently, I was appointed trustee for the law practices of two deceased Wake County lawyers, and while I am still in the learning curve I do have some helpful observations.

N.C. Gen. Stat 84-28(j) provides that the State Bar may petition the Senior Resident Superior Court Judge to appoint a trustee for any North Carolina Attorney who is “missing, suspended, disbarred, disabled, or deceased.”1 This appointment will Morelock occur when there is no partner or associate in the practice capable of assuming the responsibility of protecting the interests of that lawyer’s clients and their property.

The need for trustees has increased across the state in recent years. In 2022, there were 22 trusteeships opened across the state, and there have been 13 so far in 2023.

“It is hereby recognized that the primary purpose of each trusteeship will be to protect the interests of the subject lawyer’s clients…” 2 Accordingly, the goal of each trustee must be to wind down the unavailable lawyer’s practice for the purpose of protecting the interests of that lawyer’s clients rather than preserve the practice.

To protect the clients, there are three general areas of concern: the client files, the clients with active cases, and the entrusted funds, i.e., the trust account.

1. Client files. All the client files must be examined to determine if the file is closed or pending. Either way, the clients should be contacted to determine if the file should be returned and to ensure that the client understands the lawyer is unavailable. This process may be the most time-consuming, especially if the lawyer has not closed out and/or disposed of closed files in accordance with the Rules of Professional Conduct.

2. Clients with active cases. While the trustee is not responsible for representing the client, the trustee must notify all clients with active cases of their need to obtain substitute counsel. In my experience, it was helpful to contact the District Court and Superior Court Judges, and the TCAs to let them know of my involvement, so that when a client’s case appeared on a trial calendar I could be contacted, appear if necessary, and move for a continuance on a limited basis. Also, a high priority is contacting the opposing counsel in a pending case to alert them to the lawyer’s unavailability. In my limited experience, the opposing counsel in the litigation cases were quite forgiving, understanding, and generous in allowing me time to locate new counsel for the client or in extending time deadlines.

not be the case, and then a reconciliation may be the most difficult job of the trustee. The State Bar is available to help on this issue, but if the funds cannot be accounted for then they must escheat to the state. As with the client file issue, and as an extra layer of client protection, I have placed notices in the local paper notifying all clients to contact me for client files or entrusted funds.

This is done in a similar fashion to service by publication under Rule 4. All the transactions involving the disbursement of client funds are reviewed by the Senior Resident Superior Court Judge of the lawyer’s judicial district.

While a trustee’s obligation is always limited to protecting the interests of the unavailable lawyer’s clients and returning client property, in the case of a deceased lawyer, there are other issues that bring a trustee into contact with the estate, such as the need for temporary use of the lawyer’s physical law office, receivables, overhead and the physical files. Just handling the physical files that remain in a lawyer’s office can be overwhelming. Also, one major issue I encountered was accessing the firm computer when there was no one available to provide a password. And there may be fee disputes with the lawyer which must be handled by the estate. However, the trustee may be called upon to provide backup documents or notes to help resolve the dispute.

Regarding trustee compensation, the trustee must first seek compensation for his/her time and expenses from the lawyer or the lawyer’s estate. Under N.C.G.S. 84-28(j), a trustee’s compensation is an administrative expense of the estate. In cases where there are no available funds to compensate a trustee, the State Bar has a policy to compensate trustees at a modest hourly rate. As with disbursements from the trust account, all expenses of the trusteeship, including trustee compensation, are subject to oversight by the Senior Resident.

So, what have I learned? That we are a community of lawyers, and we help each other. That winding down a law practice for an unavailable lawyer is necessary, and a law practice cannot be ignored. That court personnel recognize the importance of winding down the unavailable lawyer’s practice and protecting the interests of his/her clients. That lawyers will volunteer to help with incomplete client matters without the expectation of compensation. That opposing counsel are generous in extending deadlines and statutes of limitation until the affected client can obtain substitute counsel. That DAs extend courtesies in continuing pending cases. That our Senior Resident Superior Court Judge Paul Ridgeway gives priority to the many requests and motions that require court approval. That our State Bar is here to help.

If you become aware that a lawyer is unavailable and there is no one to pick up the pieces, please contact the North Carolina State Bar. Deputy Counsel Barry McNeil is tasked with finding and advising trustees, and he can be reached at (919)719-9298. WBF END NOTES 1. In this article I use the descriptor “unavailable lawyer.”

2. April 2014 State Bar policy statement.

3. The trust account. If the trust account was recently reconciled, then the process of returning entrusted funds is straightforward. However, this may

WAKE BAR FLYER • FOURTH QUARTER 2023

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DIRECT EXAMINATION: JUDGE RASHAD HAUTER 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 Judge Rashad Hauter, Wake County District Court Judge.

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

I wanted to be a doctor.

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

The value of hard work and the reward of kindness.

3. Who was your favorite teacher and why?

Too many favorites to name. I am especially grateful for all of my teachers who were involved with the Henderson Optimist Club. Special shout out to my 10th grade English teacher Mr. Spain and my Contracts professor Richard Lord for their unwavering encouragement and tough love approach.

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

Getting the call from Governor Cooper offering me Judge Michael Denning’s vacant seat. I never planned on becoming a judge or even imagined that it was something that I could ever achieve.

9. What is your favorite book?

The Monster at the End of This Book: Starring Lovable, Furry Old Grover.

4. Did you love or hate law school?

I actually enjoyed law school more than I did undergrad. I was fortunate to be part of the last class at Campbell Law to experience both the Buies Creek and Downtown Raleigh campuses.

5. What was your most embarrassing courtroom experience?

August 4, 2016, in Rowan County Superior Court. I was about to make my opening statement to the jury when the bailiff slipped me a note that read “Your zipper is down. Cow is gonna get out.” I still have the note saved to this day.

6. What was your best courtroom experience?

Court is always emotional, but it is always fulfilling to see the occasional tears of joy.

10. What is your most marked characteristic?

My poker face.

11. What is your hidden talent?

My dry humor.

12. Who are your real-life heroes?

My children.

13. When and where were you happiest?

Seeing the pride in my parent’s eyes during my judicial swearing-in ceremony. WBF

7. Why did you become a lawyer?

The practice of law is a calling to serve others. As an immigrant, the opportunity to serve in various roles within our justice system brought my development as an American full circle. I’ve always found purpose in helping others, but I was very shy when I was younger. My 8th grade English teacher Mrs. Foster encouraged me to compete in the local Optimist Oratorical Contest despite my absolute fear of public speaking. I competed for three years until I won the District contest. I am grateful to Yancey Hines and the rest of the Henderson Optimist Club for devoting many hours to working with me and helping me break out of my shell.

WAKE BAR FLYER • FOURTH QUARTER 2023

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THE HEALTH AND WELLNESS IMPACT OF COMMUNITY

BY CAMILLE STELL | LAWYERS MUTUAL CONSULTING & SERVICES

DID YOU KNOW that membership in your bar association can not only fulfill your 2020 holiday parties.

CLE hour requirement, but it can impact your health in a positive way? Earlier this year, the United States Surgeon General Dr. Vivek Murthy released a new Surgeon The Surgeon General’s Advisory General Advisory calling attention to the public health crisis of loneliness, isolation, suggests a close examination of the role of technology in our and lack of connection in our country. Even before the onset of the pandemic, relationships – we must ensure about half of U.S. adults reported experiencing measurable levels of loneliness. how we interact digitally does “Our epidemic of loneliness and isolation has been an underappreciated public not detract from meaningful and health crisis that has harmed individual and societal health,” said Dr. Murthy. “Our healing connection with others. relationships are a source of healing and well-being hiding in plain sight – one that can help us live healthier, more fulfilled, and more productive lives.”

PODCASTS HOSTS

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.

“Given the significant health consequences of loneliness and isolation,” Dr. Murthy AND LEGAL BLOGGERS explained, “we must prioritize building social connection the same way we have AS MENTORS prioritized other critical public health issues such as tobacco, obesity and substance Podcasts are mainstream for use disorders. Together, we can build a country that’s healthier, more resilient, less many with data from 2022 lonely and more connected.” showing 38% of Americans have Legal communities such as the Wake County Bar Association provide connection listened to a podcast in the past month. There are more than 5 and a sense of belonging. Communities provide friendship, mentorship and knowledge sharing. Members experience being a part of something bigger than million podcasts globally with over themselves - something relevant and impactful – something that makes a bigger 70 million episodes. Listening difference than we can make alone. to podcasts is a great way to learn from experts, reinforce new ideas, receive motivation and empowerment.

WHY COMMUNITY MATTERS I also view podcasts hosts as part of my mastermind group. While we haven’t met Consider the Facebook groups you have joined. Perhaps they reflect your hobbies in person, their voice is often in my ear with advice and counsel. Podcasts provide or your vacation interests. I’m a member of several photography groups on free education. While you can’t get CLE credit for listening to podcasts – at least Facebook though I still can’t take a great sunset picture. I’m also a member of North Carolina day trips Facebook group because these are some of my favorite not yet – and the quality of content and production varies according to provider, adventures – driving across North Carolina and discovering local art and the best the knowledge acquired is often comparable to the best CLE programs I’ve attended. diner in the county.

However, another important benefit of community is its diversity of ideas, creativity These podcasts are typically ranked among the top legal podcasts: Legal Toolkit, The Jabot and Lawyerist. I personally enjoy Wealthy Woman Lawyer, Stay Tuned and differing perspectives. with Preet and Serial.

LISTSERV COMMUNITIES Time spent listening to podcasts edged out my time reading legal blogs except for Bar association listservs were forerunners of the online community, and many members would say the listservs are among the most important of member Attorney at Work. AAW is billed as “one really good idea every day,” and indeed it is. benefits. The ability to reach out to hundreds of lawyers who do the same thing you do and ask a question with the understanding that you may have an answer within AAW is the first item I read when I start up my computer daily. There are many familiar practice management names who author posts on AAW, but one of my minutes – now that’s a value add. favorites is Bull Garlington. Garlington, a self-described analog attorney, has written Lawyerist is a popular online community. They describe themselves as “a resource posts dear to my heart such as “Handwritten Notes Build Real Relationships”, The hub for starting, running, and growing a healthy small law firm.”

5 Best Index Cards Productive Lawyers Love” and “Journaling Is Your Work-Life Balance Power Tool.” Garlington writes love letters to paper, calendars and pens – Leading Law, an online community formed by Lawyers Mutual Consulting, is a the workplace tchotchkes that make my heart beat faster. community of lawyers, paralegals, law firm leaders and law students who are influencing the direction of the modern practice of law. Free membership includes In a world where we need more engagement, increase your activity in the monthly roundtable discussions on practice management topics. communities where you belong. Get involved by serving on a committee, speaking at a CLE program or asking another member to join you for coffee or lunch.

DO VIRTUAL ENCOUNTERS COUNT AS COMMUNITY-BUILDING? Seek out a mentor or become a mentor. Belonging to a community can help you Especially during the pandemic, we have seen technology play a role in building to build a modern practice, expand your referral base, and now, perhaps most community. Not only did we have to figure out client relationships over Zoom, but we also participated in interactive webinars, and virtual wine tastings as part of importantly improve your health and wellbeing. WBF

WAKE BAR FLYER • FOURTH QUARTER 2023

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JENNINGS AND JIMENEZ CAPTURE 2023 WCBA TENNIS CROWN Vance Jennings and Gabe Jimenez won the Wake County Bar Association Championship Division doubles title on October 6 at the Carolina Country Club.

Jennings is a repeat champion. He teamed with John McCabe to win the title last year. Jennings and Jimenez beat Webster Harrison and Randy Whitmeyer 6-3 in the final.

Katherine King won the Open Division, and Judge William Pittman was the runner-up. The start of the tournament was delayed 30 minutes due to rain. After the rain stopped, the weather was perfect. The food and drinks were great! A good time was had by all. WBF

Vance Jennings & Gabe Jimenez

Webster Harrison & Randy Whitmeyer

WAKE BAR FLYER • FOURTH QUARTER 2023

Judge Pittman & Katherine King

PAGE 15

THE 2024 WCBA CHARLES BRANDON HUNT LAWYER’S BASKETBALL LEAGUE THIS YEAR MARKS the 10th year of the league name change in honor of past WCBA YLD President Charles Brandon Hunt. The league’s name change established a lasting tribute to Charles’ many contributions to the league, the WCBA and the greater community, as well as his love of the game. Charles was a skilled player, fearless competitor and team captain who is still missed by all who played with him in the league. A moment of silence in Charles’ honor was observed prior to the start of the 2014 championship game.

2023 was another great season for WCBA basketball with more than 60 attorneys and law students participating. The makeup of the co-ed league is quite diverse with small, medium and large firms represented, as well as governmental, non-profit and corporate attorneys and a few judges. There continues to be a good mix of “veteran” attorneys and new (often younger) attorneys with varying skill levels, including former college players. In 2018, the league was expanded to include law students who joined the WCBA as a student member. In 2022, we changed the league to allow Campbell Law, including UNC Law students, to have their own team play in the league.

Previously, the law students were drafted to individual teams.

This past season Campbell Law’s team won both the regular season and tournament championships represented by Parker Lucas, Jacob Byrd, Brody O’Neal, Pearson Cost, Luke Taylor, Jake Taylor, Charlie King and Jonathan Wright. Team Campbell Law defeated Team Josh Apple in dominating fashion to win the championship. Surprisingly, the defending and perennial championship team led by Jeff Monroe failed to make the championship game.

Jeff Monroe’s team defeated the younger, faster Campbell squad in a thrilling championship game in 2022.

Registration for this season is open with signups on the WCBA website. Please contact Jason Tuttle at 919.755.0025 or jason@eghlaw.com for interest regarding the 2024 season. WBF

Final Regular Season Standings: 1.

2.

3.

4.

5.

6.

WAKE BAR FLYER • FOURTH QUARTER 2023

Team Campbell Law Team Jeff Monroe Team Josh Apple Team David Morgan Team Jason Tuttle Team Drew Spradlin

4-1 3-2 3-2 2-3 2-3 1-4

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BarCARES

®

BarCARES can make a difference for Judicial District & Local Bar Members!

BarCARES is a confidential short-term counseling, coaching and crisis intervention program created as a cost-free way of helping attorneys locate assistance to deal with the problems that might be causing stress. BarCARES is provided cost-free to members of bar groups that establish a BarCARES program. A number of judicial district and local bars, law schools and other bar related groups across the state have already chosen to offer this program.

BarCARES of North Carolina, Inc, (BCNC) is a nonprofit corporation that works to expand the program to attorneys throughout North Carolina, and it monitors the overall BarCARES program operation. BarCARES, endorsed by the North Carolina Bar Association, is made possible by funding from bar groups that establish a BarCARES program, BCNC, the North Carolina Bar Association and its Foundation, and Lawyers Insurance Agency.

BarCARES can be used for problems such as: Personal Issues • crisis intervention • depression and anxiety • substance abuse (drug or alcohol) • financial concerns • career counseling

Family Issues • marriage or relationship issues • children or adolescents • parenting • family conflict

Work Functions • professional stressors • course related stress • conflict resolution

BarCARES provides members of established programs in judicial districts, bar associations, law schools and organizations up to three free visits each year. In some programs the visits may be available to family members.

Contact the BarCARES Program Coordinator for information about which BarCARES services are available to you.

BarCARES Initiative extends a statewide program offer to any member of the NCBA who lives in an area where BarCARES is not yet available. This is a one-time benefit of three sessions under the program. You may contact the BarCARES Coordinator for information about which BarCARES services are available to you.

BarCARES sessions can be used to provide assistance in resolving problems or accessing the appropriate source of help. Sometimes three sessions will be enough to take care of a problem. If it looks like the problem may require a longer term solution, the initial visits may be used to help identify the problem, to develop goals and a plan, and to access an appropriate resource, often covered under your health insurance plan. Every effort will be made for you to see a counselor who is also an approved provider under your group insurance in the event you wish to continue after the program visits are used.

BarCARES is a confidential program, no one will know if you access the program but you and anyone you choose to tell. No personally identifiable information is shared with the BarCARES Board; the associated state, local voluntary or judicial district bar association; or any other entity without the permission of the BarCARES client/ user. Additionally, any health related information included in the sessions will follow federal HIPAA Privacy & Security Rules as stated in HRC’s HIPAA Privacy & Security statement.

BarCARES program benefits are accessed by contacting the BarCARES Program Coordinator at HRC Behavioral Health & Psychiatry, PA, at 1.800.640.0735. You may also contact the BarCARES Program Coordinator just to ask questions about the program and the services it provides.

confidential counseling for the legal community and their families 1-800-640-0735 | barcares.ncbar.org

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

Alexus Acree | Fox Rothschild LLP Kayla Allen | Ortiz & Doyle PLLC Silas Altheimer Kelsee Angell Jordan Arroyo Barnard | Wake County District Attorneys Office Dara Arroyo Longoria | McKinney Immigration Law Emily Askew Carlo Ballesteros-Flores | Schneider Law Group PLLC Daniel “Danny” Bello Castro | Law Office of James Scott Farrin Kara Bennett | McGuireWoods LLP Jamie D. Blue | Poyner Spruill LLP Anthony Bologna | Williams Mullen Elizabeth “Lizzie” Bologna | Altius Sports Partners Amelia “Amy” Brosnahan | Wake Family Law Group Herbert “Herb” Brown | LexisNexis Tiqeece Brown | Trapp Law PLLC Marc Brunton | N.C. Department of Justice Kathia BuenRostro | BuenRostro Law Firm Breann Burns | Triangle Smart Divorce Edward “Eddie” Castillo Kunal Choksi Michael “Clancy” Clancy | US Army JAG Corps Lucas Colantonio | The Law Offices of Benjamin T. McLawhorn Kyle Conway | Longleaf Law Partners Tabitha Cooke | NC Court of Appeals Raina Coposky | North State Law Derrick Cruz Delany Davis | NC Community College System Alessandra L. Deiorio | Wyrick Robbins Y ates & Ponton LLP Gabrielle “Gabby” Delgado | McGuireWoods LLP Talia Draper | BuenRostro Law Firm Andrew Draper | Pittman & Steele Zachary K. Dunn | NC Department of Justice Charles “Tyler” Ellenberg | Tommy Kellis Lukas Epps-Dawson Marie Evitt | NC Sheriffs Association Inc Haseeb Fatmi | Ogletree Deakins Nash Smoak & Stewart PC Mattie Ferguson Elizabeth Fitzgerald Madelyn “Maddy” Fogleman Gavin Frisch | Quinn Emanuel Urquhart & Sullivan LLP Zoe Gabrielson | Southern Environmental Law Center Julissa Garcia Kate Giduz | Brooks Pierce McLendon Humphrey & Leonard LLP Lorena Gomez | Myers Bigel PA Jeffrey “Jeff” Gordon | GOAT Group Cameron Green Kathryn Greene Lloyd Gross Caitlin Grow | Williams Mullen WAKE BAR FLYER • FOURTH QUARTER 2023

Christopher “Chris” Hamby | Matheson & Associates PLLC Benjamin “Ben” Hartell Parker Hassard | Credit Suisse Erynn Hatch | Supreme Court of North Carolina Lucas Helton | McKnight Law Ashley Holton Remy Hord James Huey | Southern Coalition for Social Justice Vanessa Iglesias Aysha Johnson | Costner Law Office, PLLC Amy Jones | NC Department of Environmental Quality Zoyha Kashmary Bethany Keyes Jerry Kugelmas | Jerry Kugelmas Luke Landis | NC Department of Public Instruction Lisa “Leea” Leeaphorn | Young Moore & Henderson PA George W. Lennon Rebekah Lester | McIlveen Family Law Sierra Lindquist | Gwynn Edwards & Getter PA Jordan Lockhart | Longleaf Law Partners Juan Lopez | Lopez-Cobb & Ordoubadi PLLC Christian Lunghi | Anderson Jones, PLLC Corrine Lusic | NC Administrative Office of the Courts Pamela G. Maher | Maher Consulting Isabella Malagisi Julian Manrique Adriel Mason Elizabeth “Liza” McGowan | Gordon Rees Scully Mansukhani LLP Sophia McMahan Annmarie ”Ann” Miller JT Mlinarcik | Hall Booth Smith PC Ronald Morin II | Life Law Samuel “Sam” Murray | McDougal Hartzell, PLLC Jeffrey “Jeff” Nall | Wilson Sonsini Goodrich & Rosati Marshall Newman | Smith Anderson Blount Dorsett Mitchell & Jernigan LLP Josey Newman | Wyrick Robbins Yates & Ponton LLP Jenna Nichols | Bagchi Law Jillian Noble | Vitale Family Law James Nye | Maynard Nexsen Kyle Offerman | NCGOP Trynity Ojeda | Marshall & Taylor PLLC Tia Overway | Poyner Spruill LLP Yanping Parks | Kilpatrick Townsend & Stockton LLP Kathryn Parris | Raleigh Family Law Trevor Parrish | NC Department of State Treasurer Geoffrey“Geoff” Paschke | Womble Bond Dickinson (US) LLP James Patton | Brooks Pierce McLendon Humphrey & Leonard LLP Claudia Perez | Wyrick Robbins Yates & Ponton LLP Jessica “Jess” Phipps | Williams Mullen PAGE 18

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

Chelsea A. Pieroni | Ellis & Winters LLP Amelia Poore | Maginnis Howard Clare L. Poston | Tharrington Smith LLP Myia Pretty | K&L Gates LLP (Morrisville) Jillian Randles | Granados Law Group PLLC Alexander “Alex” Ray Joshua “Josh” Renz | Tharrington Smith LLP Sierra Robertson Kathryn Anne B. Robinson | Milberg Coleman Bryson Phillips Grossman Malindi Robinson | SAS Institute Inc Lee Rodio | Howard Stallings From Atkins Angell & Davis PA Malcom Rodriguez | Vasquez Law Firm PLLC Nicholas “Nick” Saparilas Tabb Shea Lydia Shelley | Legal Aid of North Carolina Shrayan Shetty | N.C. Justice Center Hannah Simmons | The Law Offices of Gilda A Hernandez PLLC Peter Simms | State Employees Credit Union Amika Singh | ACLU of North Carolina

Olivia Smith | Wallace and Graham PA Zachary Smith | Wake County District Attorney’s Office Dustin Smith Anna Katherine Somberg | Hornthal, Riley, Ellis & Maland Andrew Stephenson | Social Security Administration Christopher “Chris” Stock | Kairos Government Affairs Lydia Stoney | Hendren Redwine & Malone PLLC Perry “P. J.” Studevent Jr. Andrew “Andy” Tabeling | Parker Poe Adams & Bernstein LLP Elizabeth Tharakan | Southern Illinois University Carbondale Brian Walsh Hunter Walsh | NC Court of Appeals Robert Ware Taylor Way | Taylor T. Way Kristyn Wescott | Dauntless Discovery Sara West | Tharrington Smith LLP Barbara “Barb” Whittinghill | SAP Parker Wooten | Moore & Alphin PLLC Killian Wyatt | Williams Mullen Chen Zhang | Wyrick Robbins Yates & Ponton LLP

THE BOY IN THE BLUE HELMET

BY JUDGE HOWARD MANNING, RETIRED

I AM AN 80-year-old retired Superior Court Judge who lives on the corner of Myrtle Avenue and Fairview Road in the Five Points neighborhood of Raleigh.

Every morning around 11 o’clock I go outside on my porch, which has a perfect view of the intersection of the Myrtle Avenue and Fairview Road intersection. I am homebound and in a wheelchair due to a stroke eight years ago, this porch is my window on the world.

Every morning between 11:15 and 11:30, a young, 12-year-old boy wearing a blue helmet and riding an electric powered two-wheeled scooter zips up

Judge Manning the steep hill of Myrtle Avenue.

When he reaches the stop sign at the intersection of Fairview and Myrtle he stops. At the beginning of the summer, he would stop at the intersection, look both ways, cross Fairview Road at the crosswalk, and turn left towards the Five Points intersection, continuing on the street.

Fifteen minutes later, the boy in the blue helmet would appear on the other side of Fairview Road and its intersection with Reid Street. He would stop, look both ways, cross Fairview and zip down Myrtle Avenue at 20 mph.

I wonder what would happen if the boy in the blue helmet hit a manhole cover or some debris on the street. Would he lose control of his scooter?

This old man couldn’t help imaging that the young man would be badly injured, perhaps even killed by the fall. At high speed on a scooter, he could lose control and end up in the traffic on Glenwood Avenue.

So far this year, the boy in the blue helmet has survived. I have noticed that he has become bolder when he arrives at the intersection of Fairview Road.

This morning, he did not go to the crosswalk. On his return trip through the intersection, he did not slow down and went down the hill on Myrtle Avenue at over 20 miles per hour.

This is dangerous behavior for a child, although he is very confident riding his scooter; I do not think he realizes the danger that he is in should he fall over debris in the road or somehow get bumped by an automobile. It would be a tragedy.

My thoughts as I watch and worry for his safety: there is no reason that this boy in the blue helmet should have a motorized scooter. While his parents permit this to occur, I fear that one morning, the boy in the blue helmet will be severely injured, or possibly even die.

I hope his parents considered this when they gave the scooter and the blue helmet to the child. I hope the boy in the blue helmet survives to live a healthy and successful life. WBF

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