SCOTUS
Join us in Washington, D.C. | May 2 Special Swearing In Plans Underway........................ 2 ____________________________________ VOL. XLII • ISSUE 1 JANUARY/FEBRUARY/MARCH 2016
BAR FLYER MESSAGE FROM THE PRESIDENT
UPCOMING EVENTS
BY BRIAN O. BEVERLY, TENTH JUDICIAL DISTRICT BAR / WAKE COUNTY BAR ASSOCIATION I AM EXTREMELY HONORED and humbled by my election to the office of president of this esteemed organization. A dear friend and member of the judiciary once remarked to me: “There are few achievements in life greater than being selected by one’s colleagues to lead them.” I will forever appreciate the confidence that the members have placed in me. In reviewing the list of past presidents of our organization, I am gratified to be counted among such an accomplished group. My primary goals as president are to serve with honesty and integrity, and to represent this organization in a manner befitting the many outstanding lawyers who have preceded me in this role. As I mentioned during my remarks at the December luncheon, it would be extremely vain of me to fashion an agenda of my own creation. We spent several months formulating a strategic plan that has been adopted by the Board of Directors. That plan seeks to advance the WCBA in a number of targeted and measurable aspects over the next three years. The five components of the strategic plan are: • Help attorneys achieve a healthy balance in their personal, professional and financial lives; • Promote professionalism; • Improve awareness of the work of the WCBA/Tenth among members, non-member attorneys and the general public; • Increase the active membership of the WCBA; and • Develop and establish programs connecting lawyers with the community through personal service. As you can see, we have our work cut out for us. Our goals are ambitious, and I look forward to helping create the momentum that will propel us toward their achievement. My mother used to say that many hands make light work. It’s also my aim to involve as many members in the work of the WCBA as possible. Rest assured that we will endeavor to find a place CONTINUED ON PAGE 2
TENTH JUDICIAL DISTRICT BAR BREAKFAST SERIES | THE NEW NORMAL • Jan. 20 Join us at Campbell School of Law, 7:30-8:30 a.m. One hour CLE Credit CRIMINAL LAW UPDATE • Jan. 28 Wake County Courthouse Room 1113, 2-5 p.m. Three hours CLE Credit WCBA LUNCHEON • Feb. 2 Speaker: Fourth Circuit Court Judge James Wynn Women’s Club, 12:15 p.m. | Meeting begins 12:45 YLD SOCIAL • Feb. 4 Faire (Cameron Village) 2130 Clark Avenue Raleigh., 5:30-7:30 p.m.
INSIDE THIS ISSUE 2 7 8
SCOTUS SWEARING IN CEREMONY 3 | ADMISSION INSTRUCTIONS 4 | APPLICATION FOR ADMISSION 6 | ADMISSION RESERVATION REPLY 2016 PREDICTIONS FIVE THINGS TO CONSIDER BEFORE BUYING A LAW PRACTICE 10 BALANCING PERSONAL/PROFESSIONAL LIVES 13 MEMBER NEWS 15 YLD NEWS 16 CHARLES HUNT AWARD APPLICATION 17 2015 TENNIS TOURNAMENT RESULTS 19 WCBA CALENDAR OF EVENTS 20 WELCOME NEW MEMBERS
WAKE UP AND READ BOOK DRIVE Please bring new or used children’s books for ages birth to 12 to the WCBA luncheon on February 2. The Public Service Committee is participating in the Wake Up and Read February Book Drive, a collaborative project of led by Wake County Schools. The program distributes books to children in schools, childcare facilities and community centers. Last year, Wake Up and Read distributed 115,000 children’s books for young readers, building home libraries while developing a love of reading. Helping children develop a love for reading early in life can pave the way for later school success. Visit www.wakeupandread.org for more information, like us on Facebook at www.facebook.com/pages/Wake-Up-and-Read, or follow us on Twitter @Literacy4Wake.
Visit our website: www.wakecountybar.org 919.677.9903 phone • 919.657.1564 fax PAGE 1
WAKE BAR FLYER VOL. XLII No. 1 | JAN/FEB/MAR 2016 President, Wake County Bar Association BRIAN O. BEVERLY President-elect ASHLEY H. CAMPBELL Secretary MEGHAN N. KNIGHT Treasurer ADAM M. GOTTSEGEN Immediate Past President, Wake County Bar Association JUDGE ROBERT B. RADER Immediate Past President, Tenth Judicial District Bar MARK A. FINKELSTEIN Board of Directors RUSSELL D. BABB BILLY BREWER ULMER “ZEKE” BRIDGES BILL BYSTRINSKI ANNA BAIRD CHOI MARGARET CURRIN STEPHANIE D’ATRI ASHLEIGH PARKER DUNSTON MICHAEL F. EASLEY, JR. JOHN O.N. ELUWA DREW ERTESCHIK SAMUEL A. FOREHAND KATHERINE FRYE NICOLETTE FULTON JAMES HASH JILL JACKSON SHANNON JOSEPH DEAN RICH LEONARD DAYATRA “DAY’ MATTHEWS LAUREN REEVES DAVID SHERLIN JUSTIN TRUESDALE JASON TUTTLE Young Lawyers Division President BRODIE ERWIN ABA Delegate JOHN I. MABE Executive Director WHITNEY von HAAM Wake Bar Flyer Editor LAUREN REEVES Wake Bar Flyer Asst. Editor CARA WILLIAMS Tenth Judicial District Bar Councilors HEIDI C. BLOOM WALTER E. BROCK NICHOLAS J. (NICK) DOMBALIS THEODORE C. EDWARDS II KATHERINE FRYE DONNA R. RASCOE WARREN SAVAGE C. COLON WILLOUGHBY © 2016 Wake County Bar Association & Tenth Judicial District Bar.
CONTINUED MESSAGE FROM THE PRESIDENT FROM PAGE 1 within the organization for all who wish to serve. Along the same lines, it’s not lost on me that there are likely very good ideas for the betterment of the WCBA that germinate from the rank and file members and not necessarily from the leadership. I would very much like to hear those ideas and welcome their communication. Personally, I do have a few ideas that I hope will enhance our opportunities for fellowship, and I look forward to rolling those out over the upcoming year. While we all no doubt have different aspirations and motivations which led us to the practice of law, a key component for me is the personal interactions we have and the friendships we form which enhance the experience. Anything that leadership can do to foster that camaraderie should be a primary objective in my opinion. Thank you again for the opportunity to lead this distinguished organization. I will strive to represent you well, and I look forward to an outstanding year. WBF
SCOTUS SWEARING-IN CEREMONY IN WASHINGTON, D.C. MAY 2, 2016 THE WAKE COUNTY BAR ASSOCIATION’S Swearing-In Ceremony Committee is pleased to announce that it has planned a special swearing-in ceremony for WCBA members at the United States Supreme Court for May 2, 2016. The trip is sponsored in part by North State Bank. The last such trip and ceremony for WCBA members was in November, 2011. Twenty-five spaces have been allotted for WCBA members to be presented to the Court for admission. WCBA members are eligible for admission if they have been in practice at least three years and are in good standing with the North Carolina State Bar. The application fee is $200, and the instructions and form are available at http://www.supremecourt.gov/bar/baradmissions.aspx. Applications will be submitted as a group, so please send your application to Colleen Glatfelter (colleen@wakecountybar.org) at the WCBA on or before March 1. The Committee has planned several wonderful events for the weekend in Washington, D.C., including a reception the evening of May 1 and a breakfast reception at the Court prior to the ceremony on May 2. During the ceremony, Jack Nichols (Allen, Pinnix & Nichols, P.A.) will present the group of WCBA attorneys to the Justices and will move for their admission. Following the ceremony, there will be a lecture at the Court. It is also possible, given past experience, that attendees may receive impromptu tours and history lessons from the Justices or the Clerk of Court. Overall, the experience is truly one of a kind, as noted by one of the participants in the 2011 ceremony: “Being sworn into the Supreme Court is without a doubt one of the most memorable experiences of my career. The Court’s history and tradition is simply overwhelming, and I had the opportunity to be presented to the Court by my mentor, Ed Gaskins, which made the experience even more meaningful for me.” ~ James M. Hash of Everett Gaskins Hancock LLP Participants will be responsible for their own application fees and transportation, meals and lodging expenses. The cost of participation in this event is $150 for adults and $75 for children. Each admittee is allowed to bring one guest into the courtroom for the ceremony. If you have any questions or if your firm is interested in sponsoring the events surrounding the ceremony, please contact Lauren Reeves (919-250-2126 or lreeves@smithdebnamlaw.com) or Colleen Glatfelter (919-677-9903 or colleen@ wakecountybar.org). PAGE 2
Supreme Court of the United States INSTRUCTIONS FOR ADMISSION TO THE BAR Attached is the application form for your personal statement, as required by Supreme Court Rule 5.2, including space for endorsement by two sponsors. The sponsors must be members of the Bar of this Court who know you personally and are not related to you by blood or marriage. One of the sponsors or another member of the Bar, including a relative, may move your admission. Please indicate the name you want shown on the certificate which may or may not include a middle name and/or suffix. You must obtain a certificate of good standing from the presiding judge, clerk, or other authorized official of the highest court of a State, Commonwealth, Territory or Possession, or of the District of Columbia, evidencing the fact that you have been a member of the Bar of such court for at least three years and are in good standing. An application will be considered current for one year from the date of the clerk’s certificate. After that time the papers will be returned. Do not submit a Bar Association certificate in place of the clerk’s certificate, or a duplicate of a certificate of good standing. Supreme Court Rule 5 provides, in part: 1. To qualify for admission to the Bar of this Court, an applicant must have been admitted to practice in the highest court of a State, Commonwealth, Territory or Possession, or the District of Columbia for a period of at least three years immediately before the date of application; must not have been the subject of any adverse disciplinary action pronounced or in effect during that 3-year period; and must appear to the Court to be of good moral and professional character. 2. Each applicant shall file with the Clerk (1) a certificate from the presiding judge, clerk, or other authorized official of that court evidencing the applicant’s admission to practice there and the applicant’s current good standing, and (2) a completely executed copy of the form approved by this Court and furnished by the Clerk containing (a) the applicant’s personal statement, and (b) the statement of two sponsors endorsing the correctness of the applicant’s statement, stating that the applicant possesses all the qualifications required for admission, and affirming that the applicant is of good moral and professional character. Both sponsors must be members of the Bar of this Court who personally know, but are not related to, the applicant. 3. If the documents submitted demonstrate that the applicant possesses the necessary qualifications, and if the applicant has signed the oath or affirmation and paid the required fee, the Clerk will notify the applicant of acceptance by the Court as a member of the Bar and issue a certificate of admission. An applicant who so wishes may be admitted in open court on oral motion by a member of the Bar of this Court, provided that all other requirements for admission have been satisfied. 4. Each applicant shall sign the following oath or affirmation: I, ........................................................ , do solemnly swear (or affirm) that as an attorney and as a counselor of this Court, I will conduct myself uprightly and according to law, and that I will support the Constitution of the United States. All original signatures must be on one page together. IF YOU ELECT TO BE ADMITTED ON WRITTEN MOTION, without coming to the Court, please execute the Motion For Admission by having the attorney whose name you wish to appear on your certificate sign as the moving party. The attorney who moves your admission must be a member of the Bar of this Court and may be a relative. Return to the Clerk’s Office, Attn: Admissions Office, your completed application, the required certificate, and your check for $200 payable to “U. S. Supreme Court” to cover the admission fee. IF YOU ELECT TO BE ADMITTED IN OPEN COURT, do not complete the written Motion For Admission. Return your application and the required certificate to this Office, and we will notify you whether the papers are in order and will provide instruction for being admitted in open Court. The $200 fee is to be paid on the day of admission. BAR CERTIFICATE. The Certificate evidencing admission to the Bar of this Court contains the following words: “. . . in the year of our Lord, two thousand.” An alternate Certificate is available that omits the underlined words. If you want an alternate Certificate, check the block on the application form. Admissions Office: 202-479-3387 ptadmit@supremecourt.gov
PLEASE RETURN TO: Clerk, Supreme Court of the United States Attn: Admissions Office 1 First Street, N. E. Washington, D. C. 20543-0001 CLER–0078–5–13
WAKE COUNTY BAR/TENTH JUDICIAL DISTRICT BAR SUPREME COURT OF THE UNITED STATES ADMISSION CEREMONY SPONSORED IN PART BY NORTH STATE BANK ADMISSION CANDIDATE: ________________________________________ Sunday, May 1, 2016 Reception at the TO BE DETERMINED from TO BE DETERMINED* _____ I will attend with ___ guests. Please list the names of your guest(s) below: _____________________________________ _____________________________________ _____________________________________ Monday, May 2, 2016 Supreme Court Admission Ceremony – Each applicant is allowed one guest to attend the group admission. Please note that children are not allowed to attend the ceremony. _____ I will have a guest at the Supreme Court Ceremony Please list the name of your guest below: ______________________________________ Brunch Reception at the Supreme Court* _____ I will attend with ___ guests. Please list the name of your guest(s) below: ______________________________________ ______________________________________ ______________________________________ *Attendance at the receptions requires payment of $150 per person ($75 if under 18 years of age). This price covers both receptions. Please make check payable to the Wake County Bar Association and return by March 24, 2016 to USSC Group Admission, Wake County Bar Association, P.O. Box 3686, Cary, NC 27519-3686. WAKE BAR FLYER • JAN/FEB/MAR 2016
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2016 PREDICTIONS BY CAMILLE STELL, VICE PRESIDENT OF CLIENT SERVICES | LAWYERS MUTUAL THE BEGINNING OF A NEW YEAR is a time for looking forward, but often driven by careful reflection. These predictions for 2016 are based on a look back, as well as a look ahead. 21ST CENTURY CLIENTS 21st century clients will drive a revolution in the delivery of legal services. Clients will demand transparency, innovative problem solving and client teams that can deliver timely results at appropriate pricing. 21st century lawyers will rely on a more modern skill set that includes cultural competency, leadership, project management, business acumen, high-risk tolerance, technology, social networking, communication, presentation, effective team building and problem solving. Today’s law students and new lawyers expect alternatives to the traditional workplace and traditional work style. The collision of these forces will result in clients and lawyers who are allies rather than adversaries and creative solutions will abound. CAMILLE STELL is the Vice President of Client Services for Lawyers Mutual. Continue this conversation by contacting Camille at camille@lawyersmutualnc.com or 800.662.8843.
EFFORTLESS EXPERIENCE Jack Newton, the CEO of the legal technology company Clio opened this year’s Clio Conference with a presentation on effortless experience. This concept follows the customer service theme often repeated of “delight your customer.” Clients of the future will place a high value on having an effortless experience (think ATMs replacing bank tellers and Amazon replacing shopping in person). While Jack is a promoter of technology as the tool that allows lawyers to deliver an effortless experience, I think it’s also the mindset and attitude of our lawyers and staff as we deal with our clients that represent the effortless experience. Are we prompt in returning phone calls? Do we anticipate their questions and concerns? Developing forms and checklists that allow us to be more efficient or providing a list of frequently asked questions to our clients is part of the effortless experience. A creative, client-centric website provides information through video, podcasts and blog postings and will give clients an experience that is different from what other lawyers are offering. INNOVATION Law firms are seeing disrupters in the marketplace such as online document companies as just one example. Lawyers should consider what the disrupter offers to the client in order to innovate toward better client service themselves. Most clients who are surveyed about such topics rarely attribute cost as the only factor they are considering. Rather, it’s the big picture of transparency of price, ease and transparency of service, and outstanding client service among other factors. CYBER THREATS You read the news so you know no one is safe. Many predict this will be the year that a law firm experiences a large and public data breach. Before this happens, examine your law firm’s security, insurance protections and process and procedure for dealing with a client emergency such as a data breach. Learn what risks are associated with law firms and what security measures you need to be taking. Lawyers Mutual is writing about this on their blog “A Byte of Prevention” and in their newsletter “Put into Practice.” FORWARD THINKING 21st century lawyers are forward thinking. “What can we do better, more effectively and more efficiently?” “What does the future hold and what is my role in that future?” Being a student of the world around us and talking with people outside the legal industry, as well as leaders within is a hallmark of a growth mindset. LIFE AFTER LAW Succession planning will be a topic discussed more frequently in 2016. Baby boomers and Traditionalists will begin to imagine what life could look like away from the law office. Your clients want to know what your succession plan is, as does your staff and younger attorneys. Many lawyers mistake golfing one day a week or heading out of town early on Friday for a succession plan. A succession plan is when you and your family and your firm talk about the economics of retirement. Your plan would include a process for identifying and developing internal talent or recruiting new talent to take on your role with clients. A thorough succession plan includes a timeline that doesn’t change from month to month but allows those people who depend on you to rely on the plan and take on the challenge of making sure the firm remains stable and attractive to current clients and future clients. CONTINUED ON PAGE 8
WAKE BAR FLYER • JAN/FEB/MAR 2016
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FIVE THINGS TO CONSIDER BEFORE BUYING A LAW PRACTICE BY THOMAS LENFESTEY | THE LAW PRACTICE EXCHANGE
IF YOU HAVE BEEN CONSIDERING the benefits of buying a law practice in order to expand or grow your client base, be sure to ask yourself the following questions at the beginning of the process before going too far. Buying a law practice could be one of the biggest decisions an attorney makes in his or her career. As a result, it is crucial to prepare and make sure this potential purchase is right for you. 1. IS NOW THE RIGHT TIME TO BUY? The first step should always be conducting an assessment of yourself and your firm when determining if you are ready to buy. A certain amount of confidence is needed in your strengths and the ability that you and your team can handle the transition and increased workload that will accompany the increased revenue stream. If you, the lawyer, and your law practice are ready, give some considerations to the personal aspects as well. Is this time right for you to take on more work, responsibility and risk? Or are there things in your personal life that should require such time? 2. IS THE PRICE RIGHT? All law practices have value, but determining the exact amount of value is the real challenge. An analysis should be completed on the sale price and practice cash flows should be reviewed during the due diligence period to ensure the selling price is justified. Make sure someone who is knowledgeable in this area is providing this opinion and taking into account the key value-drivers of law practices. 3. WILL THE SELLING FIRM’S CULTURE BE A GOOD FIT? If you don’t already know the attorney or practice, you will have the opportunity to get a glimpse of the firm’s culture throughout the due diligence period. Are there tenured employees or is there constant changeover? How much of the firm’s focus is on marketing for the future and getting clients as repeat customers? These and many other factors can help determine if it will be a good fit for you and your practice.
4. IS THERE A DOCUMENTED TRANSITION PLAN? Whether the purchase you are considering is an internal transaction between attorneys of the same firm or an outside purchase, a documented and well thought out transition plan should be agreed on and a timeline should be specified. What transition goals should the exiting attorney focus on in the first few weeks? Next two years? Ultimately, you will want to know that you and the selling attorney agree on the goals of the transition, the time which will be required and the benchmarks of a successful plan as it is implemented. 5. DO YOU HAVE ALL THE ANSWERS? You don’t. We promise you. Even though you are an attorney, this isn’t something you personally go through everyday. It is a process and having the right advisors from step one can ensure the transition is successful and missteps are avoided. Assemble your advisory team and connect with a qualified Law Practice Broker, your CPA and your Financial Advisor to help guide you through the process. Make sure these questions are asked and answered! WBF
The Law Practice Exchange Serves Attorneys As Their Confidential Law Practice Broker. Find out more at www.TheLawPracticeExchange.com By making the connection between attorneys looking to exit their practice and attorneys looking to expand their practice, The Law Practice Exchange provides brokerage and transition services that preserve the client and professional goodwill of the practice, allowing a value based exchange between the selling and buying attorneys.© 2015 The Law Practice Exchange, LLC. Reproduction in whole or in part is strictly prohibited. The information and advice provided in this publication is general guidance and is not necessarily specific to your individual situation, objectives or other needs. Make sure you seek a qualified expert opinion before proceeding with your transition objectives.
CONTINUED 2016 PREDICTIONS FROM PAGE 7 EMBRACE CHANGE Isn’t change an attribute of any new year? Today’s firms must embrace change. Firms must leverage technology to deepen their relationships with their best clients. They must produce networks of value for the firm and its clients. They must think strategically and develop plans for growth and succession planning while maintaining excellent client service in a manner that preserves the firm’s culture and values. WBF
WAKE BAR FLYER • JAN/FEB/MAR 2016
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BALANCING PERSONAL AND PROFESSIONAL LIVES
BY ELIZABETH L. OXLEY | ATTORNEY AT LAW
FOLLOWED BY A TESTIMONIAL BY KORI KLUSTAITIS, PHD AND RECENTLY LICENSED ATTORNEY AT LAW | DUKE UNIVERSITY
BALANCING PERSONAL AND PROFESSIONAL LIVES is an ongoing challenge for most attorneys. The Lawyers’ Assistance Program (LAP) of the NC State Bar has many helpful articles on finding balance at www.nclap.org. Following are some reminders—and a testimonial by Kori Klustaitis, a recently licensed attorney, who is a mother of four-year-old twins—that might help. 1. CULTIVATE YOUR SPIRITUAL LIFE In my experience, tending to one’s spiritual life must come first. Starting each day with prayer and meditation, reading and studying spiritual or religious literature, writing in a journal or whatever spiritual exercise works for you is the best foundation for balance. Being attuned to one’s spiritual intuition puts the events of the day in their proper perspective and leads to good thinking and decision-making. Involvement in a religious or spiritual institution of one’s choice can also be helpful in giving practical support for one’s spiritual life. 2. PRACTICE GRATITUDE, HUMILITY AND LOVE Making a daily list of “gratefuls,” seeking humility and expressing love are keys to contentment. The great paradox is that we give away to keep. Law is a learned profession and our highest and best practice is that of principled service to others. 3. SEEK HELP FOR RECOVERY FROM ADDICTIONS Active addictions displace good, rational behavior. Abusing alcohol or drugs has brought down many a good attorney. Also damaging to your mental health and career are “process” addictions such as food, gambling, work, sex, shopping, spending and other activities. If you think you might have an active addiction, and it is causing you a living problem, seek help immediately by getting inpatient or outpatient treatment or therapy, attending 12-step meetings, and/or contacting the Lawyer’s Assistance Program of the NC State Bar. 4. PROPER DIET, EXERCISE AND REST Find your passion in the form of physical exercise and make it a mandatory part of your daily schedule. Try to take a brief 5-10 minute walk or otherwise move around once per hour. Regular exercise uplifts and refreshes one, thereby improving one’s work and home life. Also, proper nutrition and getting enough rest are keys to meeting the demands of law practice. 5. FAMILY AND FRIENDS Spending time with family and friends normally is a joy and recharges one’s batteries. Family responsibilities change over time—singledom, marriage, parenthood, caring for aging parents—and, whenever possible, they must come first. There are times, of course, when deadlines dictate that work comes first, but this should be the exception, not the rule. An employer’s leave policy can be of great support here. “Attorneys benefit from reasonable and compassionate leave policies that reflect the modern family’s needs,” according to Charles Caldwell, Public Defender, Wake County. I was very fortunate to have a family-friendly employer for many years—the NC Attorney General—who, for example, allowed employees to take accrued vacation leave to attend school events. 6. LEARN TO JUST SAY NO Learn to just say no when asked to do something outside of work that is not within your list of top priorities or for which you do not have time. Learn to set boundaries regarding client demands on your time. For example, last minute urgent requests for immediate attention that do not fit your schedule may be handled at your earliest convenient opportunity. 7. HOBBIES Making time for hobbies is also a key to balance. In pursuing hobbies, one can simply relax and enjoy what one is doing and get a mental break from the law. Whether it is cooking, woodworking, gardening, reading or sailing, making time for the hobby will pay handsome dividends in contentment and balance. As stated in a LAP online article, “Stress, Burnout, and Balance,” “Nourish your creative side. Creativity is a powerful antidote to burnout. Try something new, start a fun project or resume a favorite hobby. Choose activities that have nothing to do with work.” See www.nclap.org. 8. TURN OFF As further stated in the LAP online article on stress, “Take a daily break from technology. Completely disconnect from technology when you get home (or after business hours). Put away your laptop, turn off your smartphone and stop checking email.” “Stress, Burnout, and Balance,” See www.nclap.org. CONTINUED ON PAGE 11 WAKE BAR FLYER • JAN/FEB/MAR 2016
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CONTINUED BALANCING PERSONAL AND PROFESSIONAL LIVES FROM PAGE 10 9. MAINTAIN THE HIGHEST PROFESSIONAL STANDARDS Maintaining the highest professional standards of integrity, diligence and excellence in work will give you peace of mind. When you have done your best in every respect, there are no regrets and many rewards—for example, in the form of client satisfaction. We are each individually licensed and responsible for our own actions. Nothing is worth sacrificing one’s integrity and putting one’s law license at risk. Remember to follow the golden rule: Do unto others as you would have them do unto you! It works. 10. SEEK COLLEGIALITY By joining and being active in bar associations, an attorney can contribute to improving the profession. Collegiality is one of the aspects of the profession that makes it enjoyable. It is great fun to get acquainted with other attorneys by attending bar events such as the Wake County Bar Association luncheons and other social functions, and by serving on bar committees. In the law office as well, it is rewarding to be collegial with colleagues—by sharing experience, strength and hope with each other regarding legal matters, attorneys grow personally and professionally and it makes the workplace more enjoyable. 11. KEEP LEARNING AND GROWING Life is a journey, not a destination, according to the tried and true wisdom. Enjoy the journey on the road of our learned profession, and keep learning and growing! 12. FINDING BALANCE Kori Klustaitis, a graduate of the Evening Program at North Carolina Central University School of Law and mother of four-year-old twins, who is employed in the non-profit sector, shares how she finds balance: Webster’s defines balance in several ways, two of which I think apply in relation to the elusive work/life balance: “mental and emotional steadiness” and “a state in which different things occur in equal or proper amounts or have an equal or proper amount of importance.” Both are important aspects for finding balance in one’s life that are intertwined. My experience has been that to begin to find balance in life, I have had to search inward to find what REALLY matters most to me, and then try to figure out how to make proper time for those few things. After having twins four years ago, I had devoted all of my time and energy to caring for and raising these two tiny humans, all while finishing my last two years of law school, working a demanding job, preparing for the bar exam, and finally transitioning to my current position in the non-profit sector. I am incredibly grateful that I was able to find my current position. This was turning point enabled me to start focusing on taking care of myself again. It finally became really clear to me that I needed to regain a focus on my health and well being if I wanted to be a happy, successful, balanced mother, wife and attorney. As far as balancing my professional life with my personal life, I am very fortunate to work in an office and under a manager for whom family is important. Having a work environment that respects family life for me is instrumental. When I am at work, I’m focused on my work. If I have to leave to pick up a sick child from school or stay home with a sick child, I know I won’t be penalized for that because my manager understands and prioritizes the same way. This knowledge creates less stress, which, in turn, makes me a happier parent and professional. When I leave at the end of the day, I leave work at work and rarely bring it home. If I do have work that needs to be completed, I wait until after my kids are in bed to do the work. I do my best to reserve 5-8 p.m. for my family. The time I spend with them is focused on them. I try to not check emails or take phone calls, unless necessary, and our family eats dinner together almost every night. I want my children to know that they are important and value time together as a family as they get older (even when we are the last people with whom they want to hang out). I still struggle to find time to take care of myself, but there are a few things I have been able to easily work into my schedule that have made a huge improvement in my life. I have a desk job and I have installed a program on my computer that reminds me to take a short break at defined intervals. The program also gives me a few stretches to do to during my break to keep my body limber and encourages me to get up and walk around. I drink a lot of water and I use a smaller cup so that I have to get up and walk to the kitchen to refill it often. I wear a fitness tracker as a visible reminder to get up and move and try to achieve my goal of a specified number of steps per day. By far my favorite thing that I have been able to incorporate is a weekly yoga class during my lunch hour that is right in my building, so that I don’t have to drive anywhere. It has helped me develop core strength, improve my mental focus and reduce my desk fatigue. CONTINUED ON PAGE 12 WAKE BAR FLYER • JAN/FEB/MAR 2016
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BALANCING PERSONAL AND PROFESSIONAL LIVES
CONTINUED FROM PAGE 11
At home, I try to be as active as I can, and fortunately in that respect, my twins rarely give me much time to sit down. After they go to bed at night, I try to take my iPad and watch something on Netflix while I walk or run on our treadmill. I also try to walk around the house while I’m on the phone. On the weekends, we try to be active as a family—heading to the parks, museums, hiking trails, etc.
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Overall, I have found that it is much harder for me to stick to a strict workout routine. Once I get started I can generally keep it going, but the problem is when something throws it off track, I have a very hard time getting it back on track. Life happens and it happens even more with children and a husband with a demanding job. That’s why I have focused on trying to increase my overall activity throughout the day, rather than fitting in a full workout session everyday. I try to fit in extra exercise when I can, but that is not always possible. Finding balance in life is hard. For me it is a constant struggle and something that I try to stay conscious about, because if I shift my focus or get distracted, I easily veer off course. I utilize many of the techniques described above because they fit into my life, they have become easy habits to maintain, they help create “mental and emotional steadiness,” and they help me keep perspective on what is important. WBF
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WCBA MEMBER NEWS U.S. News Recognizes Smith Anderson in 38 Practice Categories, Awards Firm a National Rating In its annual joint “Best Law Firms” ranking, U.S. News & World Report and Best Lawyers® have recognized Smith Anderson as a leading firm in 38 practice categories, including 24 Metropolitan Tier 1 ratings, the highest rating available. Additionally, for the first time, the firm’s Venture Capital Law practice received a National Tier 3 rating in addition to a Metropolitan Tier 1 ranking.
Wake Forest University School of Law Opens Smith Anderson Office of Community Outreach Wake Forest University School of Law has officially opened the Smith Anderson Office of Community Outreach within the newly transformed Worrell Professional Center. The office houses the law school’s Pro Bono Project and Public Interest Law Organization. The opening of the Office was made possible through the financial generosity of Smith Anderson and many of its attorneys.
Poyner Spruill Attorney Mike McIntyre Awarded Distinguished Service to North Carolina Agriculture Award Mike McIntyre, Director of Government Relations with Poyner Spruill in Raleigh, has been honored with the Distinguished Service to North Carolina Agriculture Award by the N.C. Farm Bureau, and he recently received the inaugural President’s Award from the N.C. Association of Electric Cooperatives for his leadership in promoting economic development and improvements in communities across North Carolina.
Lynn Burleson named Chair Emeritus of the AAML Arbitration Committee The Raleigh law firm of Tharrington Smith LLP is pleased to announce that Lynn P. Burleson has been named Chair Emeritus of the American Academy of Matrimonial Lawyers Arbitration Committee beginning in 2016. Lynn has served as chair of that committee for several years.
Tharrington Smith Attorneys Included In The 2015 Super Lawyers Business Edition Tharrington Smith LLP is pleased to announce that Wade Smith, Douglas Kingsbery and Hill Allen have been selected to the 2015 Super Lawyers Business Edition.
Wade Smith has been selected to Super Lawyers North Carolina and its Top 100 list continuously since 2006. He has been included in Super Lawyers’ Raleigh Top 25 since its inception in 2013, and on the Super Lawyers Top 10 list six times. Doug Kingsbery has been selected to Super Lawyers continuously since 2008 and Hill Allen since 2009.
Brooks Pierce Receives 32 Tier-One Rankings in 2016 Edition of “Best Law Firms” Brooks Pierce is pleased to announce that 32 of its practice areas received tier-one metropolitan rankings in the 2016 edition of U.S. News – Best Lawyers “Best Law Firms.” Seven practice areas in Raleigh received a tier-one ranking. Brooks Pierce practice areas that received a tier-one ranking in the Greensboro and Raleigh metropolitan area include: • Banking and Finance Law • Commercial Litigation • Communications Law • Corporate Law
• First Amendment Law • Government Relations Practice • Mergers & Acquisitions Law
Tharrington Smith LLP ranked in 2016 “Best Law Firms” Tharrington Smith LLP is pleased to announce that it has been ranked in the 2016 “Best Law Firms” list by U.S. News & World Report and Best Lawyers® in the following areas: RALEIGH METROPOLITAN TIER 1 Criminal Defense: Non-White-Collar Criminal Defense: White-Collar Education Law Family Law Family Law Mediation
RALEIGH METROPOLITAN TIER 2 Appellate Practice Commercial Litigation Litigation - Intellectual Property
CONTINUED ON PAGE 14 WAKE BAR FLYER • JAN/FEB/MAR 2016
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CONTINUED WCBAFROM MEMBER NEWS PAGE 13 Barrett Johnson Joins Cranfill Sumner & Hartzog LLP Raleigh Office
Reid Phillips Named Managing Partner of Brooks Pierce
Cranfill Sumner & Hartzog LLP (CSH Law) announced that Barrett Johnson has joined its Raleigh office as an associate attorney.
Brooks Pierce has named Reid Phillips as the firm’s managing partner, effective January 1. He follows Ed Winslow, who had led the firm since 2000.
As part of the CSH Law Medical Malpractice Practice Group, Johnson’s practice focuses on the representation of health care providers.
Phillips, one of the state’s top litigators, has served on the firm’s management committee since 2003 and as the firm’s general counsel since 2000. He will continue to actively practice law while providing strategic leadership and guidance to Brooks Pierce, which has more than 90 attorneys in Greensboro, Raleigh and Wilmington. WBF
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YLD NEWS
2016 YLD OFFICERS PRESIDENT: BRODIE ERWIN SECRETARY/PRESIDENT ELECT: SAM FLEDER TREASURER: LAUREN GOLDEN
YLD SOCIALS
Take a break February 4 – Join us at Faire, located in Cameron Village at 2130 Clark Avenue, Raleigh from 5:30 to 7:30 p.m. Save the date for March 3, location to be determined. We hope you will join us! Questions? Please contact Julie Cronin jcronin@mgsattorneys.com or Chris Dozier chris@dozierlawfirm.com.
MESSAGE FROM THE INCOMING YLD PRESIDENT AS MY YEAR AS PRESIDENT of the Young Lawyers’ Division of the Wake County Bar Association begins I could not be more excited for all that the YLD has planned for the upcoming year. As an initial matter, I would like to commend outgoing president James Hash, of Everett Gaskins Hancock, LLP, on the outstanding job he did this past year and thank him for putting the YLD on such a solid footing for many years to come. When I arrived in Raleigh following law school, two of the first things that struck me were the level of involvement and congenial nature of the county bar’s membership. I quickly learned that these were not traits reserved to members of the “big bar.” Wake County is blessed with a vibrant, driven, and selfless community of young lawyers. It has been an incredible experience getting to know many of them through WCBA and YLD events over the last several years. The YLD Board and I relish the opportunity to continue serving this great group of lawyers going forward. We are hard at work developing new opportunities, and improving traditional ones, in hopes that our members will enjoy all that we have in store for them in 2016.
2016 YLD SPRING CONFERENCE MARK YOUR CALENDARS for the 2016 YLD Spring Conference to be held on March 3, 2016 at the Wake County Justice Center. Join the Young Lawyers Division for an exciting program that will focus on topics designed to cultivate effective business development skills and enhance your practice as a young lawyer. Learn from experienced leaders in the legal community on how to develop and maintain a successful book of business. Connect with other young lawyers during our networking lunch and attend the YLD Social following the conference. For more information, or to RSVP, please contact David Senter at dsenter@youngmoorelaw.com or 919-782-6860.
WCBA YLD CLOTHING DRIVE SUCCESS 2015 MARKED THE 16TH ANNUAL Wake County Bar Association Young Lawyers Division Clothing Drive, and the YLD collected gently used clothing and linens from the legal community to benefit homeless and low-income individuals and families in Wake County. In 2015, we donated items to fourteen different charities: Dress for Success, World Relief, Durham Rescue Mission, Raleigh Rescue Mission, Holly Hill Hospital, First Baptist Church, Brooks Ave. Church of Christ, Salvation Army, Vidas de Esperanza, Bargain Box, First Baptist Church, Catholic Parish Outreach, The Healing Place, and Helping Hand. Thank you to all those who donated and a special thank you to our volunteers who donated time and muscle by dropping off, sorting, and delivering donations. We were also particularly grateful to Huron Consulting Group for sending over a group of volunteers to assist with sorting donations. Thank you to the community for your support of the drive and to making 2015 such a great success. We look forward to another successful clothing drive in 2016.
FIRST EVER CHARLES BRANDON HUNT AWARD IN MEMORIAM OF FORMER WCBA YLD President Charles Brandon Hunt, the WCBA YLD is establishing the Charles Brandon Hunt Award recognizing a young attorney who, like Charles, 1) is an active member of the WCBA YLD; 2) exemplifies the honorable ideals of the legal profession, including professionalism and intellectual curiosity; and 3) demonstrates a passion for donating significant volunteer time and/or legal services to the Wake County community. Please provide a brief narrative explaining why the nominee should be selected for the award. Give detailed information about the nature of the nominee’s passion for the WCBA, pro bono work, and community outreach and the effect the nominee had on the targeted groups. Include any supporting data such as news articles, statistics, publications and similar documents. The written portion, excluding the supporting data, should be no longer than three pages. Please direct all nominations to Elizabeth Timmermans at eztimmermans@mcguirewoods.com and be sure to provide your best contact information. More information regarding Charles Hunt and the award nomination process can be found on page 16. Nominations are due by January 19, 2016. WAKE BAR FLYER • JAN/FEB/MAR 2016
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Charles Hunt Award
Wake County Bar Association Young Lawyers Division
The Charles Hunt Award will be presented to a young attorney who exemplifies the honorable ideals of the legal profession and dedication to the Wake County community through participation in WCBA events, provision of pro bono services, and a passion for community outreach demonstrated by former WCBA YLD President Charles Brandon Hunt. About Charles Hunt (1982-2013):
Charles’s education and career: Charles received a Juris Doctor degree from the University of Tennessee College of Law in Knoxville, Tennessee, where he was Articles Editor for the Tennessee Law Review, a member of the Frederick Douglass Civil Rights Moot Court Team, and a recipient of the Tennessee Attorney General’s Award for Excellence in Trial Advocacy. After law school, Charles served as a law clerk for The Honorable James A. Wynn, Jr., on the North Carolina Court Appeals from 2008 to 2009 and for The Honorable Patricia Timmons-Goodson on the Supreme Court of North Carolina from 2009 to 2010. He clerked again for Judge Wynn from 2010 to 2011 on the United States Court of Appeals for the Fourth Circuit. Charles joined McGuireWoods LLP Raleigh in 2011, where he focused on product liability and consumer litigation.
Charles was dedicated to the Wake County Bar Association. Charles was an active member of the Wake County Bar Association, serving as the Young Lawyers’ Division President in 2013, the Secretary/PresidentElect in 2012, and Membership Committee Chairperson in 2011. An avid sports enthusiast, Charles served as team captain of his basketball team with the WCBA Lawyers’ League.
Charles engaged in significant pro bono work. One of Charles’ many pro bono projected included preparing a petition for United States Supreme Court review on behalf of a class member objecting to certification and final approval of a complex national class action settlement.
Charles was passionate about community outreach. He volunteered for the Big Brothers Big Sisters of the Triangle, where he selflessly spent time enriching others’ lives.
Award Criteria:
A lawyer who 1) is an active member of the WCBA YLD; 2) exemplifies the honorable ideals of the legal profession, including professionalism and intellectual curiosity; and 3) demonstrates a passion for donating significant time and/or legal services to the Wake County community.
Nomination Guidelines: Please provide a brief narrative explaining why the nominee should be selected for the award. Give detailed information about the nature of the nominee’s passion for pro bono work and community outreach and the effect the nominee had on the targeted group. Include any supporting data such as news articles, statistics, publications and similar documents. The written portion, excluding the supporting data, should be no longer than three pages. Please direct all nominations to Elizabeth Timmermans at eztimmermans@mcguirewoods.com and be sure to provide your best contact information. Nominations are due by January 19, 2016.
2015 TENNIS TOURNAMENT RESULTS A GOOD TIME WAS HAD BY ALL at the WCBA annual tennis tournament held on a sunny, beautiful Friday, Oct. 9 at the Carolina Country Club. This bar event recorded the most participants in recent memory and made for a wide open field as many of the past tennis champions did not participate due to the rescheduling due to the rain the week before. Along with the good competitions and fun range of talent on display, we enjoyed as always the comraderie amongst the range of practice areas from defense and plaintiffs’ bar, judges and law students, criminal bar, transactional, environmental and areas in between. CCC Pro Shelby Cannon (a U.S. Open winner in his own right) began the Championship Doubles play with pairings in the Wimbledon and U.S. Open divisions, with teams battling each other in a four-game round robin format, with the top two total games winners in each division playing a one set semifinal, and those two winners playing a final set championship. Webster Harrison and Randy Whitmeyer (who teamed wth Rik Lovett to win last year) are the reigning WCBA Doubles Champions, taking down Keith Satisky and Bryan Brice in the final, 6-2. Harrison and Whitmeyer, who are both players at the North Hills Club, were also sharp and steady in defeating Paul Flick and Tim Jones in one semifinal, 6-2. While Brice and Satisky would never concede superior athletic ability to anyone, they did use their “experience” to fend off Brady Wells and Jason Tuttle in the other well played semi, winning 6-4. Contending for a spot in the semis were last year’s semifinalists Whitney Butcher and Gabe Jimenez, and Raleigh Racquet Club tournament director Jeff Worley and Jennifer Blue. The two guys who knew more law than anyone, Campbell 3Ls Andrew Rogers and Alex Rector, also knew something about tennis doubles, as did Jennifer and Adam Gottsegen, among other solid doubles teams in the mix. Arguably a tad bit ahead of Andrew and Alex in law knowledge, Judge Bill Pittman, Judge Lori Christian and Bob Smith also displayed strong tennis acumen in their matches in the Open Division (round robin singles). David Mufuka won first place in the Open singles, with second place to Jenna Webb. Jenna’s husband, many times past doubles champion Woody Webb, is still recovering from an injury. Speaking for all championship doubles players, we wish Woody a speedy recovery and to hopefully be back in action right after next year’s tournament, unless he is partnering with one of us! Above: Bob Smith and Judge Bill Pittman taking in the action, discussing their last YLD social event (top), while the warriors preparing for battle.
Thanks again to pro Shelby Cannon and the CCC staff, and as always the athletic committee and staff of the WCBA for a truly fun afternoon. It was a beautiful day and fun for all after the rain the prior two weeks. WBF
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Look for the same great content, news and information from Wake County Bar Association / Tenth Judicial District in four expanded issues. For articles, contact Editor Lauren Reeves (LReeves@smithdebnamlaw.com). For Advertising, contact Stephanie McGee at stephanie@wakecountybar.org.
Article Deadlines April/May/June 2016 July/Aug/Sept 2016 Oct/Nov/Dec 2016
Advertising Deadlines March 15 June 15 September 1
April/May/June 2016 July/Aug/Sept 2016 Oct/Nov/Dec 2016
March 25 June 25 September 10
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WCBA CALENDAR OF EVENTS Jan. 16 | Charles Brandon Hunt Basketball League Begins Jan. 20 | Tenth Judicial Bar Breakfast Discussion Series The New Normal | 7:30 a.m. @ Campbell School of Law Jan. 28 | Criminal Law Update | 2-5 p.m. @ Wake County Courthouse, Room 1113 (the old jury room) Feb. 2 | WCBA Luncheon 12:15 p.m. @ the Women’s Club Feb. 4 | YLD Social @ Faire | 5:30 to 7:30 p.m. March 1 | WCBA Luncheon 12:15 p.m. @ the Women’s Club April 3 | WCBA Luncheon 12:15 p.m. @ the Women’s Club May 3 | WCBA Luncheon 12:15 p.m. @ Mordecai Park June 7 | WCBA Luncheon 12:15 p.m. @ the Women’s Club
THE WAKE COUNTY REAL PROPERTY LAWYERS ASSOCIATION The Wake County Real Property Lawyers Association meets for lunch and a brief program on the third Wednesday of each month at the Carolina Country Club from noon to 1 p.m. The January speaker will be Miriam Baer, Executive Director of the North Carolina Real Estate Commission. Please contact Maureen Miller at mmiller@bridgetrusttitle.com for reservations and further information.
WELCOME, NEW MEMBERS THE NEWEST MEMBERS APPROVED AT THE DECEMBER 2015 MEETING OF THE BOARD OF DIRECTORS William Anderson | McDaniel & Anderson LLP
Winston Kirby | Edwards Kirby LLP
George Bailey, III
Lorna Knick | Wyrick Robbins Yates & Ponton, LLP
Colby Berry | Law Office of Colby T. Berry
Patrick Kuchyt | Campbell Law School
Nicole Bleuer
Woo-Il “Paul” Lee
Marla Bowman | Ward and Smith, PA
Pedra Lee
Daniel Brader
Matthew “Matt” Liles | NC Dept of Justice
Megan Bramhall
Victor Macam
Benjamin “Ben” Brown, Jr. | Solo Practitioner
Carrie McCann
Amanda Buyrn | Capital City Law
Katelyn McCombs | Cranfill Sumner & Hartzog LLP
Jonathan Carnes
Jordan Mendez | Ogletree Deakins Nash Smoak & Stewart PC
Anna Cathcart | Phelps Dunbar LLP
Christopher “Chris” Nichols | Nichols Law Firm
Franklin Chen
Jennifer Nusbaum | Williams Mullen
Douglas “Doug” Colvard | Axiom Law
Daniel O’Malley | The Law Corner
Michael Crowell | Tharrington Smith LLP
David Omer | Wallace Pierce Law, PLLC
Alexandra Davis
Amy Osborne | Amy W. Osborne, JD, CPA
Carleena Deonanan | Deonanan Law Firm
Mary Kathryn Perkinson | Campbell Law School
Rita Dorry
Donna Purcell
Rabee El-Jaouhari | Solo Practitioner
Jessica Ra
Sheneshia Fitts | Fitts & Young LLP
William “Will” Rankin, II | Elizabeth R Harrison, Attorney at Law PC
Jennifer Gregorin
Charnanda “Charn” Reid | Wyrick Robbins Yates & Ponton, LLP
Matthew Herr
Iain Stauffer | Poyner Spruill LLP
Clay Hester
Fiona Steer | Everett Gaskins Hancock LLP
Charles Hicks, III | Sprouse Law Firm, PLLC
Lear-la Stefanics
Leanor Hodge | NC State Bar
Katie Terry | Gailor Hunt Jenkins Davis & Taylor, PLLC
Rebecca Holljes | Ragsdale Liggett PLLC
Lisa Underwood
Lauren Ikpe
Alexander “Alex” Urquhart | Lynch & Eatman LLP
Brian Isgett | Brian Isgett Attorney at Law
Heather Vaughan-Batten
Trisha Leigh Jacobs
Daniel Watts
Renee Jordan | Mahlum Law Office, P.C.
Edward “Ed” Williams | Solo Practitioner
Stephanie Kilpatrick | Kilpatrick Gudeman Attorneys
Miriah Yanez | Crumley Roberts
WAKE BAR FLYER • JAN/FEB/MAR 2016
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