May.June WCBA Bar Flyer

Think You’re Immune From HIPAA?

THINK AGAIN ......................................................... 6 ____________________________________

VOL. XLI • ISSUE 3

MAY/JUNE 2015

BAR FLYER 800 YEARS OF MAGNA CARTA: A MESSAGE FROM THE PRESIDENT

BY JUDGE ROBERT B. RADER, PRESIDENT, WAKE COUNTY BAR EACH YEAR IN MAY we celebrate the rule of law and our legal system through observance of Law Day. The idea of Law Day originated in 1957 when then ABA President Charles Rhyne, a Washington, D.C. attorney, envisioned a special day set aside for recognition and dedication to the principles of government under law. In 1961 Congress designated May 1 as the official day each year for celebrating Law Day. This year the focus of Law Day is particularly significant since we also celebrate the 800th anniversary of Magna Carta.

Since its creation in 1215, few documents have had a more profound effect on our constitutional form of government and the rule of law in our country than the Magna Carta or “the Great Charter.”

To commemorate the impact of this great document on our American legal system, the American Bar Association will hold a special ceremony on June 15, 2015, at the meadows of Runnymede near Windsor, England. On this historic occasion, we would be remiss if we, as lawyers, did not take a moment to reflect on the importance of this great document. While an exhaustive discussion of the history and impact of the Magna Carta is far beyond the scope of this limited message, a brief summary is worthwhile.

The Magna Carta originated in 1215 when England was on the brink of civil war as a result of extensive taxes levied by King John to fund an unsuccessful war with France. Even prior to his defeat, King John was unpopular with many of the aristocratic barons who owed money to the crown. As distrust and resistance to the rule of the King grew, the barons became more organized and demanded that the King adopt the Charter of Liberties declared by King Henry I in the previous century. The Charter of Liberties was perceived as a way to provide protection to the barons.

With King John unwilling to do so, both sides sought help from Pope Innocent III in resolving the conflict. Ultimately, the barons rejected a proposal by the King to allow the Pope to serve as supreme arbiter of the issues. As a result, King John asked the Archbishop of Canterbury, Stephen Langston, to organize peace talks with the barons.

CONTINUED ON PAGE 2

UPCOMING EVENTS

HAVEN HOUSE SERVICES BATTLE OF THE BANDS • May 17 Join us 1-6 p.m. at Lincoln Theatre. www.bobhnc.org TENTH JUDICIAL DISTRICT BAR BREAKFAST SERIES | CLE: E-DISCOVERY • May 20 Brian Kuklick, Envision Discovery, will speak at the Campbell School of Law, 7:30-8:30 a.m.

WCBA JUNE LUNCHEON • May 20 Chief Justice Mark Martin will speak at The Women’s Club, 12:15 p.m.

YLD SOCIAL • June 4 Join us Thursday, June 4 from 5:30-7:30 p.m., Capital City Tavern on Fayetteville Street.

INSIDE THIS ISSUE 3 HELP FOR THOSE WITH OCD 5 LAWYER SUPPORT COMMITTEE: HELP WHEN I NEEDED IT MOST 6 THINK YOU’RE IMMUNE FROM HIPAA? 7 LAW FIRM FOR SALE 9 WCBA MEMBER NEWS 10 YLD NEWS 12 A WINDOW INTO THEIR TIMES 12 WELCOME, NEW MEMBERS! 13 WAKE WOMEN ATTORNEYS INVITES YOU TO LUNCH 15 2015 WCBA CHARLES BRANDON HUNT LAWYER’S BASKETBALL LEAGUE

A TRADITION OF SUMMER: THE YLD SUMMER CLERK ORIENTATION PROGRAM ON JUNE 4 THE YLD IS PLEASED to continue the tradition of providing Wake County’s summer clerks with a true insider’s view into our local legal community on Thursday, June 4. Outstanding speakers from various aspects of the profession are slated. For more details on the program and the form to sign up, see pages10-11. WBF WAKE BAR FLYER • MAY/JUNE 2015

Visit our website: www.wakecountybar.org 919.677.9903 phone • 919.657.1564 fax PAGE 1

WAKE BAR FLYER VOL. XLI No. 3 | MAY/JUNE 2015 President, Wake County Bar Association JUDGE ROBERT B. RADER President, Tenth Judicial District Bar MARK A. FINKELSTEIN President-elect BRIAN O. BEVERLY Secretary ASHLEY H. CAMPBELL Treasurer DEBORAH HILDEBRAN-BACHOFEN Immediate Past President M. GRAY STYERS, JR. Board of Directors RUSSELL D. BABB CARMEN H. BANNON BILLY BREWER ULMER “ZEKE” BRIDGES JUDGE ERIC C. CHASSE MICHAEL F. EASLEY, JR. JOHN O.N. ELUWA DREW ERTESCHIK SAMUEL A. FOREHAND KATHERINE FRYE NICOLETTE FULTON ADAM GOTTSEGEN JILL JACKSON DANIEL S. JOHNSON SHANNON JOSEPH MARK A. LA MANTIA DEAN RICH LEONARD DAMION L. MCCULLERS DAYATRA “DAY’ MATTHEWS LAUREN REEVES THERESA ROSENBERG JOHN SZYMANKIEWICZ JUSTIN TRUESDALE JASON TUTTLE Young Lawyers Division President JAMES HASH 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 NICHOLAS J. (NICK) DOMBALIS THEODORE C. EDWARDS II JOHN N. (NICK) FOUNTAIN DONNA R. RASCOE JOHN M. SILVERSTEIN C. COLON WILLOUGHBY CYNTHIA (CINDY) L. WITTMER

CONTINUED MESSAGE FROM THE PRESIDENT: FROM PAGE 1 On June 10, 1215, King John met with rebel leaders on the meadows of Runnymede where they presented him with their demands in the form of a document known as the Articles of the Barons. With Archbishop Langston serving in the role of mediator, the two sides ultimately reached agreement by June 15th and the Great Charter was formally adopted. Interestingly, the agreement adopted at Runnymede would not be known as the Magna Carta until several years later. The agreement adopted at Runnymede was fewer than 4,000 words handwritten in Latin on a piece of sheepskin parchment approximately 18 inches square. No one, including King John, signed the original agreement; however, the King affixed his seal to 40 copies that were later produced by his royal chancery and distributed throughout England.

The original document was one continuous text; however, in 1759 English jurist William Blackstone divided the Magna Carta into 63 chapters or clauses, which remains the accepted numbering system for the document today. Of the many provisions within the Magna Carta, one commonly referred to as Clause 61, provided for the creation of a council of 25 barons to ensure the King’s compliance with the agreement. If the King violated the terms of the agreement, within 40 days of being notified the council could seize the King’s castle and lands until such time as the violation was rectified. As conflict continued between the King and the nobles, King John appealed to Pope Innocent III for relief from the charter. Less than ten weeks after creation of the historic document, the Magna Carta was annulled by Pope Innocent III declaring it to be “not only shameful and demeaning but also illegal and unjust.” Subsequently, violence broke out between the two sides which led to the First Barons’ War. Only months after adoption of the Magna Carta, King John died and his nine-year-old son Henry III ascended to the throne. In 1216, in order to avert war between the new King’s supporters and those of Prince Louis, King Henry III adopted a shortened version of the original Magna Carta excluding the infamous Clause 61. King Henry received the approval and seal of the papal legate to England at the time thus assuring its survival. Following the end of the First Barons’ War in 1217, a slightly expanded version of the 1216 charter was again adopted which ultimately gave rise to a second charter known as the Charter of the Forest which addressed issues related to the management and boundaries of the royal forests. The 1217 charter quickly became known as the Magna Carta to distinguish it from the shorter Charter of the Forest.

The Magna Carta continued to be recognized by subsequent monarchs as an integral part of English government. In 1225 King Henry III again reaffirmed his support of the document by reissuing the Magna Carta and the Charter of the Forest. In 1297, King Edward I reissued the 1225 version of the Magna Carta in exchange for a new tax. This version is of particular significance because it still remains in part in the English statutes. The Magna Carta has been reconfirmed countless times by Parliament and monarchs throughout the years. While the Magna Carta became less significant in political life by the 15th century, it began to receive considerable attention by the 17th century when many English leaders used the Magna Carta as a political tool to challenge the powers of the monarchy.

As English colonists began to settle in America and establish charters, they commonly sought to incorporate passages and themes from the Magna Carta. Most colonists believed that certain rights were prescribed to them already by the Magna Carta and those rights must be preserved by any new constitution. The concept that government or the sovereign must recognize and respect the rights of the individual was essential to any successful form of government. The Magna Carta was frequently cited and referenced by William Penn, Thomas Paine, Benjamin Franklin and Thomas Jefferson.

Today the Magna Carta remains one of the most iconic documents in legal history. Although it was never intended to be a constitution or framework for government, the Magna Carta remains CONTINUED ON PAGE 3

© 2015 Wake County Bar Association & Tenth Judicial District Bar.

WAKE BAR FLYER • MAY/JUNE 2015

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HELP FOR THOSE WITH OBSESSIVE COMPULSIVE DISORDER (OCD)

BY HARRY PAYNE, MEMBER | TENTH DISTRICT JUDICIAL BAR

Harry Payne is a member of the Tenth Judicial District Bar, and his Op-Ed is reprinted here with his permission, having been originally sent to and published by The News & Observer, in both its print and online editions. It is his hope that his Op-Ed encourages anyone suffering from OCD, or anyone who knows someone suffering from OCD, to seek help.

HAVING STUTTERED all my life, I listened to every sound my three boys uttered even in their toddler years when halting speech was to be expected. Today, my sons range in age from 12 to 19 and, oh, can they talk! Not a hesitation to be heard. My ears, however, could not warn me about a far more menacing trait that lies in my genes that I prayed would leave them in peace.

For as long as I can remember, I have suffered from obsessive compulsive disorder.

No, not the stuff of misguided TV shows and casual conversation that gives the idea that having OCD is just being a neat freak, pack rat or germophobe.

OCD is, instead, a seriously life-limiting, soul-sucking mental illness that infects every word, every decision and every relationship and steals so much personal peace.

Inside, a battle rages against unwanted thoughts and fears that flourish uncontrollably and dominate one’s existence.

Cleansing rituals and any of a host of compulsive behaviors develop as misguided efforts to counter and dismiss the fearful thoughts. The habit of checking and rechecking is to make sure certain bad imaginings haven’t or cannot come true.

But these rituals lose their potency and require a greater and greater degree of involvement in order to give a moment’s relief.

People who deal with OCD hide these habits hoping to seem normal. Knowing this terror is irrational doesn’t help loosen its grip on one’s mind. Others have OCD that is purely obsessional and plays out endlessly in the mind without ritual or relief. Fears of hurting others range from catching and spreading unseen germs to committing

a moral wrong. Was that a pothole I hit or someone I didn’t see? Was that road turn okay? Did I say anything wrong in an endless replay of conversations? Is the 2x6 board I reshelved at the building supply store going to fall and hurt someone? The variety of fears and behaviors possible is as infinite as the accompanying compulsion to go back and make sure, make it right and double check, double check, double check.

So is the list of naïve labels that can be put on a child dealing with such a battle: Worrywart, daydreamer, tardy, distracted, underachiever, troubled and sad are a few.

For a kid with OCD, the support that would naturally and automatically be extended to relieve poison ivy, heal a broken bone or improve defective speech simply cannot come to one hiding the disquieting face of his problem.

Seventeen years ago, at age 45, I decided to get help. I was the father of a newborn who needed my undiluted focus rather than my distractions of ritual, fear and worry. I was holding public office as state Labor commissioner. Hoping to avoid any stigma, I crept with head down through a men’s room entrance to arrive at my first appointment with a psychiatrist. Getting help was the right thing to do. The medications and techniques I have employed have worked well, and I have a degree of peace that I could not have imagined. I so regret the time and relationships lost in earlier years.

I could always see the presence of the OCD vine in my family tree, which helped me understand the lives and personalities of several of my loved ones, including my novelist sister, Peggy Payne. But when it grew across the generational line and touched children, I lost any excuse for silence. Regardless of my discomfort in sharing my story, I am truly broken if I cannot shine a light in quiet corners where help is needed.

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CONTINUED MESSAGE FROM THE PRESIDENT: FROM PAGE 2 historically significant in that it forms the basis for the rule of law and the concept that no person, regardless of their title or position in life, is above the law. This concept is fundamental to our democratic form of government. The Magna Carta also forms the basis for many of our other most cherished rights afforded to individuals today including: due process, trial by jury, right to travel and the privilege of the writ of habeus corpus.

The principle of due process, which lies at the heart of our American legal system, derives directly from the Magna Carta. While throughout history some have argued that the Magna Carta did not truly grant protection of personal liberties for all people since it only referred to the rights of the

WAKE BAR FLYER • MAY/JUNE 2015

barons and the nobility against the crown, it is without doubt that the Magna Carta had a profound impact on the development and formation of our U.S. Constitution and the Bill of Rights.

As we celebrate the 800th anniversary of Magna Carta and reflect on the significance of this great document on our legal system and constitutional form of government, let us renew our commitment to the rule of law and the concepts of justice not only in Wake County but throughout our great nation and the world. WBF

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HELP FOR THOSE WITH OCD CONTINUED FROM PAGE 3 One of my sons was inspired by the courage of a relative who in elementary school was daily battling demons that sat with him and made him fear, worry and withdraw.

The sparkle was leaving the bright eyes of a child my son said “did ‘cute’ better than any kid alive.”

Every desk or table surface had become for this child an untouchable springboard of contagion and every water fountain a death trap.

Interactions with others caused fear and doubt that required continual review and apology until momentary relief was found in parental reassurance on the way home from school. He was phobic about his parents dying and desperately warned them of dangers. The worst monsters he could imagine were alive in his waking thoughts and sapping his childhood, joy and education.

My son started an effort he called “Boss It Back” after the mantra that a Duke psychologist used to help focus our loved one to desensitize him to unwanted thoughts and fears. He gave talks to classes and groups to raise awareness about such problems and solutions.

These sessions often resulted in teachers and students quietly and sometimes tearfully sharing a revelation about a loved one.

The result of therapy and focus is that the young man now finds few fears in the ordinary and knows how to fight when a day’s difficulties, hormones, fatigue or the insecurities of adolescence taunt him to follow a darker path.

We must look quickly and closely at the kid who drifts, withdraws, acts out or begins to slip in smile or grade. Help is available, but too many are unaware. So much better to “Boss It Back” when young. We have much to do because now there is much that can be done. WBF OCD SYMPTOMS – Obsessive-compulsive disorder is characterized by intrusive thoughts that produce anxiety (obsessions), repetitive behaviors that are engaged in to reduce anxiety (compulsions), or a combination of both. While many are concerned about germs or leaving their stoves on, people with OCD are unable to control their anxiety-producing thoughts and their need to engage in ritualized behaviors.

As a result, OCD can have a tremendous negative impact on people’s day-today functioning. About 1 percent of U.S. adults have OCD, with half of the cases categorized as severe.

Source: NIH BOSS IT BACK – Questions about the program can be sent by email in confidence to bossitbackNC@gmail.com.

Harry Payne, a Raleigh attorney, is a former commissioner of the N.C. Department of Labor and former chairman of the Employment Security Commission.

WAKE BAR FLYER • MAY/JUNE 2015

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LAWYER SUPPORT COMMITTEE: HELP WHEN I NEEDED IT MOST

BY ANN COSPER, ASSISTANT LITIGATION COUNSEL | NORTH CAROLINA SCHOOL BOARDS ASSOCIATION

AS I WRITE THIS, I am staring down the two-year anniversary of my dad’s stroke. On the morning of Saturday, April 13, 2013, my father, Harvey Cosper, a litigation partner at Parker Poe Adams & Bernstein in Charlotte, was at the office working. He emailed me to tell me he was thinking of me. That’s the last email I would ever get from him at work. At 9:30 that evening, my mom called me to tell me I needed to come home that Dad had had a stroke, and it looked like he was going to survive, but it was serious. I left my dinner on the counter and sped down I-85 to Carolinas Medical Center in Charlotte, knowing that our lives had changed forever but having no idea of the road that lay ahead. On my 29th birthday, Dad was transferred from the brain trauma ICU to the cardiac ICU due to heart complications. After months of ICUs, a feeding tube, several different hospitals and multiple rehab facilities, Dad came home, and we all started trying to accept our new normal.

Of course, in the legal profession, being out of the office does not mean work stops. Litigation progresses, deadlines keep coming and emails pile up. For about nine months, I spent nearly every weekend in Charlotte. During the week, I was trying to keep my focus at work, take care of my dog, do the laundry and eat and sleep occasionally.

I remember very clearly leafing through my mail in the elevator one day after work and seeing a handwritten note from a colleague, Meghan Knight.

At the time, Meghan and I were working on several cases together and knew each other only in a professional capacity, so I was surprised to see that she had written to me at home. The card didn’t mention work or our cases. It was about my dad. She had heard about his stroke and knew how hard things must be for me and my family, and she wanted me to know that she, the local bar, and the Lawyer Support Committee wished me and my family the very best.

I was taken aback. I kept that note and always will. Meghan’s words reminded me that while we are zealously advocating for our clients and billing hours and drafting documents and arguing motions, lawyers are also human beings who face family crises, illnesses, addictions, financial struggles and various other personal tragedies on a daily basis. And, perhaps most importantly, it reminded me that we are capable of empathy. When I received the note, I had never heard of the Lawyer Support Committee. But I was so glad it existed, and I knew I wanted to be a part of it. Upon joining, I learned that the Committee serves a variety of functions, including reaching out to our fellow attorneys in tough times and in times of celebration.

Dad eventually got off the feeding tube, and after two years dotted with hospital and rehab stays, is now taken care of around the clock at home by my tireless and unsinkable mother. The needs of the rest of the family, like myself, and other attorneys who face personal tragedy, are sometimes less tangible but still vitally important. The Lawyer Support Committee is one of the ways we take care of each other.

If you know of anyone who has cause for grief or cause for celebration and you believe would appreciate knowing that the bar is behind them, please contact any of the members of the committee, including myself. You can also email raisingourbar@wakecountybar.org. Sometimes it can make all the difference. WBF

Ann Cosper is Assistant Litigation Counsel for the North Carolina School Boards Association and can be reached at acosper@ncsba.org.

The Lawyer Support Committee is a joint Tenth Judicial District Bar and WCBA Committee. A list of committee members can be found here by searching for the Lawyers Support Committee group.

BarCARES Did you know that BarCARES also has resources for career counseling? Don’t hesitate to call—no problem is too big or too small. We have a program ready to help you and your immediate family.

919.929.1227 or 1.800.640.9735 WAKE BAR FLYER • MAY/JUNE 2015

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THINK YOU’RE IMMUNE FROM HIPAA? THINK AGAIN.

BY JOSEPH B. ADAMS | CRANFILL SUMNER & HARTZOG, LLP

OVER THE NEARLY 20 years since the Health Insurance Portability and Accountability Act (HIPAA) was enacted, lawyers across a wide range of practice areas have needed to maintain a general understanding of the law’s evolving requirements for maintaining health information security and privacy. For most of HIPAA’s history, lawyers and law firms generally did not need to worry about direct criminal or civil liability for HIPAA violations. But because of recent changes in health privacy laws, those days are over.

security, data breach reporting, and even business marketing and fundraising activities. This time around, enforcement is meaningful: under recently adopted regulations, the U.S. Department of Health and Human Services has launched a random auditing program focused on gauging Business Associates’ compliance with the new HITECH requirements.

As a result of the HITECH Act, Business Associates now have a direct obligation to comply with HIPAA’s Security Rule, which governs the physical and technical When it was first enacted, HIPAA was designed to meet two specific goals: (1) safeguarding of protected health information. Business Associates also now to establish a uniform system for the exchange of health information between face many of the same civil and criminal penalties that previously applied only to healthcare providers and insurers; and (2) to ensure that individual privacy was Covered Entities, as well as liability for HIPAA violations of their subcontractors. protected during any such information exchanges. HIPAA broadly classified these Under a newly enacted Breach Notification Rule, Business Associates also have information-exchanging parties into two groups. The first group, “Covered Entities,” an affirmative duty to report certain data breaches to the Covered Entity whose mainly includes healthcare providers, health plans, and healthcare clearinghouses. information is affected. 42 U.S.C. § 17921 et seq.

The second group, “Business Associates,” consists of people and organizations providing services to a Covered Entity in a way that involves the use or disclosure As one might suspect from its name, the HITECH Act also has ushered in a wave of individually identifiable health information. Before the recent changes, HIPAA of new information technology security requirements that apply to Business provided for limited criminal and civil penalties arising from violations of the law Associates. Compliance with dozens of “minimum necessary standards” is now

by Covered Entities, but actual prosecutions were rare. Lawyers and law firms mandatory, and it affects all aspects of a law firm’s IT setup, from file storage to who qualified as Business Associates needed to be especially mindful of their email transmission and password security. obligations under HIPAA—in addition to the obligations owed to Covered Entities through formal Business Associate Agreements—but they were not directly If your practice involves work as a Business Associate, are your infrastructure subject to government action for HIPAA violations. and IT systems HIPAA- and HITECH-compliant? Does your firm have in place a Business Associate Agreement with each subcontractor who accesses or handles In 2009, Congress fundamentally changed the liability landscape under HIPAA, protected health information for or on behalf of the firm? Take time to learn about passing the Health Information Technology for Economic and Clinical Health these important new changes to health privacy and how they affect your law firm. (“HITECH”) Act. 42 U.S.C. § 300jj et seq. HITECH’s stated purpose was to Under the new HITECH era, an ounce of prevention is likely worth much more than encourage healthcare providers to transition toward electronic health records. Its a pound of cure. WBF effect, however, was to unleash an avalanche of new rules on health information

WCBA CLASSIFIEDS Ground floor window office available for rent (approximately 160 square feet).

– Access to conference rooms, common areas, and office equipment; – Free parking; – Contact Shelia Jones, Office Manager at Creech Law Firm, P.A. 3130 Fairhill Drive, Ste. 108, Raleigh, (919)787-7766 or shelia@creechlaw.com

WAKE BAR FLYER • MAY/JUNE 2015

Interested in Advertising in the Wake Bar Flyer? Contact:

Stephanie McGee

PO Box 3686

Cary, NC 27519-3686 (919) 657-1573 Stephanie@wakecountybar.org

PAGE 6

LAW FIRM FOR SALE BY CAMILLE STELL, VICE PRESIDENT OF CLIENT SERVICES | LAWYERS MUTUAL SUCCESSION PLANNING can be a challenge especially for the solo or small firm practitioner. One little-discussed option is selling your law practice. There are many considerations for successfully selling a law practice and they cannot be dealt with in their entirety in this article, but here are some tips to get you started.

Many attorneys assume they can make some money on selling or leasing a building they own, along with the furniture and file cabinets. They are less sure about whether they can sell the law practice or whether there is any value attached to the name of the law firm or lawyer.

ESTABLISH YOUR TIMELINE. Selling a law practice may involve years of financial planning and getting your firm in the best practice management shape of your career to get the best price. A law firm sale could take as long as 12 to 24 months.

Timing is also important as you begin to notify your clients. Sometimes discretion is advised when dealing with clients or other attorneys in your geographical area, so you may be working towards a transition date for a while before you formally announce your plans.

CAMILLE STELL is the Vice President of Client Services for Lawyers Mutual. Camille has more than 20 years of experience in the legal field.

Contact Camille at camille@ lawyersmutualnc.com or 800.662.8843.

ENGAGE A TEAM OF PROFESSIONALS TO WORK WITH YOU. Accountants, valuation experts, brokers, law practice management consultants and lawyers can all play a role in the successful sale of a practice. Starting the process early gives you the most time to maximize your financial assets and get your practice in shape to maximize the selling price.

SUCCESSION PLANNING WITHIN YOUR FIRM may be an option you should explore. Have conversations with your associates about their interest in taking over ownership. Or begin to recruit with the idea of selling your practice to your new hire after working with them to get to know your clients and your practice. This process also takes time, especially to develop a new lawyer, but don’t make the mistake of telling your associate you want to transition the firm to them, but fail to set a timeframe in place.

This checklist is not inclusive, but can provide a framework for starting the process.

SELLER’S CHECKLIST • Create a database of former and current clients • Keep track of financials to assist with the process of valuation of your firm, inventory assets and liabilities including accounts receivable and potential contingent fee awards • Review files to confirm client status / statute of limitations deadlines / all other deadlines and discuss transition plans with clients • File appropriate pleadings with the court for litigated matters • Notify former clients of transition plan as well as options for picking up client files (obtain signed client receipt of file) • Review client files and dispose of according to your file retention policy • Assemble team of professionals to assist with legal, financial, valuation aspects of transition • View insurance policies (malpractice, general liability, disability, health insurance, life insurance) to determine whether to assign or terminate policies • Notify utilities, phone companies, Internet service providers and determine whether services should be transferred or disconnected • Notify vendors and suppliers of intent to transfer or terminate relationship • Verify buyer’s bar admission and standing of law license • Verify buyer’s reputation, skill and expertise • Develop mentoring relationship to assist the buyer as needed as they assimilate into your community and practice • Contact the State Bar concerning “Inactive – Retired” status • Contact your malpractice carrier about “tail” insurance Review Your Ethical Responsibilities • N.C. Rules of Prof’l Conduct Rule 1.17 (2003) (SALE OF LAW PRACTICE) (Note: A change was made to make selling a law practice more attractive to retiring lawyers. In 2014, an amendment to Rule 1.17 was approved by the NC Supreme Court to clarify that a lawyer who sells his or her practice to another lawyer may continue to practice law with the purchaser as an employee.)

WAKE BAR FLYER • MAY/JUNE 2015

PAGE 7

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LAW FIRM FOR SALE CONTINUED FROM PAGE 7

• 98 Formal Ethics Opinion 6. (Opinion rules that the requirements set forth in Rule 1.17 relative to the sale of a law practice to a lawyer who is a stranger to the firm do not apply to the sale of a law practice to lawyers who are current employees of the firm.)

• Protect client confidences – N.C. Rules of Prof’l Conduct Rule 1.6 (2003).

• Properly handle client files and funds - N.C. Rules of Prof’l Conduct Rule 1.6 (2003); N.C. Rules of Prof’l Conduct Rule 1.15 et seq. (2003); • Avoid conflicts with purchasing lawyer’s existing clients - N.C. Rules of Prof’l Conduct Rule 1.7 - 1.12 (2003).

• Properly terminate representation - N.C. Rules of Prof’l Conduct Rule 1.16 (2003).

RESOURCES Ed Poll has written a book, “Life After Law” available through the Lawyers Mutual

Lending Library. Ed’s book assists lawyers in preparing to transition their law practices and includes forms and checklists to ensure a successful transition.

To continue the discussion, attend the Lawyers Mutual CLE on May 20 in Cary at the Embassy Suites, “Law Firm Succession: Secrets to a Successful Transition”.

We have assembled a team of professionals to discuss financial planning, legal issues, valuation and other important topics. For more information or to register for the program, visit our website www.lawyersmutualnc.com or call 800.662.8843.

“For Sale: Law Firm – GrtDeal,” by Susan A. Berson, ABA Journal, March 2015 The Law Practice Exchange – a modern day marketplace for law practices and firms – www.thelawpracticeexchange.com. WBF

WCBA MEMBER NEWS Attorney Sidney S. Eagles Jr. To Speak At Barton College’s 113th Commencement

Smith Moore Leatherwood attorney Sidney S. Eagles Jr. will deliver the keynote address at Barton College’s 2015 Commencement ceremony on Sunday, May 17. In addition to serving on the North Carolina Court of Appeals for more than 20 years, Judge Eagles served on the College’s Board of Trustees for 24 years, retiring in fall 2014.

James Thornton Joins Cranfill Sumner & Hartzog LLP

James Thornton has joined Cranfill Sumner & Hartzog LLP (CSH Law) in an Of Counsel position based in its Raleigh office. With 26 years of experience, Thornton has extensive litigation experience in many areas—including products liability and mass torts, complex commercial litigation and Section 1983 litigation for municipalities.

Thornton brings experience in complex litigation across a

WAKE BAR FLYER • MAY/JUNE 2015

broad range of industries, including pharmaceuticals, medical devices, biotechnology, consumer products, health care, trucking and transportation, waste management, public utilities, public accounting firms and municipalities. He has also served as local or regional counsel in product liability and mass tort litigation, including class action and multidistrict proceedings.

David Williams Joins Cranfill Sumner & Hartzog LLP

David Williams has joined CSH Law as an associate attorney based in the firm’s Raleigh office. Williams will support various practice groups within the firm’s general liability practice areas. Williams joins CSH Law after working as a staff attorney for the Capital Community Foundation in Raleigh. He has also held positions with the Wake County District Attorney’s Office, a political campaign and a law firm in Raleigh. He is a graduate of the University of Tennessee College of Law and North Carolina State University.

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YLD NEWS

2015 YLD OFFICERS PRESIDENT: JAMES HASH SECRETARY/PRESIDENT ELECT: BRODIE ERWIN TREASURER: SAM FLEDER

YLD SOCIAL

Join us June 4 at 5:30 p.m., Capital City Tavern on Fayetteville Street – for questions please contact Julie Cronin jcronin@mgsattorneys.com or Chris Dozier chris@dozierlawfirm.com.

A TRADITION OF SUMMER: YLD SUMMER CLERK ORIENTATION PROGRAM JUNE 4 THE YLD IS PLEASED to continue the tradition of providing Wake County’s summer clerks with a true insider’s view into our local legal community on Thursday, June 4 at the Wake County Justice Center, 301 South McDowell St., Room 2700. Outstanding speakers from various aspects of the profession are slated to speak on topics of interest to our summer clerks! The program will begin with registration starting at 12:45 p.m. and is provided by YLD free of charge.

Courtroom attire is suggested. Advance registration is required and done on the WCBA’s website: go to www.wakecountybar.org, and click on the June 4 calendar item. Or fill out and return the form available in this issue of the Bar Flyer on page 11.

The one-day Clerk Orientation Program is free to attend. For only $30 per attendee, the clerk will be invited to attend three monthly socials connecting young lawyers from all over Wake County. It is a great way to complement each firm or agency’s own summer program by providing a venue to meet other clerks, attorneys from other firms, groups and local judges.

WE NEED YOUR HELP! YLD IS HOSTING free legal seminars at The Healing Place of Wake County. The seminars will take place at either the Men’s Facility (located at 1251 Goode Street, Raleigh, NC 27603) or the Women’s Facility (located at 3304 Glen Royal Rd., Raleigh, NC 27617). If you are interested in volunteering or have questions please contact: Meredith Cross (Meredithcross@ghdivorcelawyers.com) or Lauren Golden (lauren.golden@elliswinters.com).

To learn more about The Healing Place please visit: http://www.hpowc.org/. WBF Upcoming seminar dates:

Men’s Center Dates September 16 at 4 p.m.

December 9 at 4 p.m.

Women’s Center Dates June 3 at 4 p.m.

November 11 at 4 p.m.

FOLLOW, CONNECT AND LIKE: WCBA SOCIAL MEDIA

FACEBOOK.COM/WCBA.WAKE WAKE BAR FLYER • MAY/JUNE 2015

WAKE COUNTY BAR ASSOCIATION GROUP

@WAKECOUNTYBAR @WCBAYLD @WCBATENTH

PAGE 10

2015 Wake County Bar Association — Young Lawyers Division Summer Clerks Program Registration Form Please email, fax or mail by May 25, 2015 Law Firm / Agency Name: Contact Name & Title: Contact E-mail: Contact Phone: (check one for each clerk) Clerk Name

Clerk E-mail or Phone

June 4th Seminar ONLY

Full Summer YLD*

1.

2.

3.

4.

5.

6.

7.

8. (add additional names, if necessary)

SUMMER CLERK ORIENTATION PROGRAM Thursday, June 4, 2015 @ 1 p.m. - 5 p.m., Wake County Justice Center (301 South McDowell Street, Room 2700) • The YLD is pleased to continue the tradition of providing Wake County’s summer clerks with a true insider’s view into our local legal community. Outstanding speakers from various aspects of the profession are slated to speak on topics of interest to our summer clerks! The program will begin after lunch (on your own) with registration starting at 12:45. This program is provided by YLD free of charge but courtroom attire is suggested and advance registration is required.

• For additional details, please contact Sam Fleder (sfleder@smithdebnamlaw.com).

FULL SUMMER YLD • The YLD offers additional opportunities for the area’s summer clerks to meet their fellow clerks as well as attorneys and other members of the legal community at a nominal cost* per clerk. This includes access to three monthly socials connecting young lawyers from all over Wake County. It is a great way to complement each firm or agency’s own summer program, by providing a venue to meet clerks, attorneys from other firms and groups as well as local judges.

• MONTHLY YLD SOCIALS (business casual attire):

• July 2 – Place TBA 5:30 p.m.

• June 4 – Capital City Tavern 5:30 p.m.

• August 6 – Place TBA 5:30 p.m.

(Fayetteville Street, following the Summer Clerk program)

* Full Summer YLD registration is $30 per intern/clerk.

Please complete this form and enclose a check payable to WCBA-YLD (Memo: 2015 YLD Summer Clerk Registration) to: Whitney von Haam, Executive Director, Wake County Bar Association P. O. Box 3686 Cary, NC 27519-3686 (Registration forms not requiring payment may be sent to Ms. von Haam’s attention: whitney@wakecountybar.org or fax number (919) 657-1564) WAKE BAR FLYER • MAY/JUNE 2015

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A WINDOW INTO THEIR TIMES HISTORICAL NOTES FOR THE WAKE COUNTY BAR

BY MARK THOMAS, PARTNER | WILLIAMS MULLEN

ATTORNEYS ARE ENTITLED to be paid for honest legal services competently performed, but the rigor of the legal marketplace was not the only way they once determined a fee. Not so long ago, Wake County lawyers, like their counterparts around America, had other approaches to identify a reasonable fee. One method was a “schedule of recommended minimum fees” like the one appearing in the Wake County Bar Association’s 1971 member’s handbook.

The handbook made clear that (like today) several factors could affect the proper charge in a case (not just the amount of time involved), and each lawyer was expected to exercise sound judgment. Still, at the time, the schedule provided an accepted reference point which attorneys could use to determine charges (including larger fees, where they were warranted) for specified legal services. Today we do things in a different way, but it is interesting to note some of those dollar amounts that were deemed reasonable and customary reference points in 1971. Allowing for inflation over the past 44 years, see what you think of the following examples of suggested minimum fees (retainers) for certain tasks in civil actions. Note: these are the total suggested minimum fees, not the hourly rates. WBF For all plaintiffs and defendants in non-contingency cases: Drafting a complaint or an answer: $75.00 Argument of a motion: $75.00

Trial – District Court, first day: $250.00 For each additional day in court: $200.00

Deposition in town: $75.00

Trial – Superior Court, first day: $275.00.

For each additional day in court: $225.00

Deposition out of town: $100.00

Source: Wake County Bar Association’s 1971 member’s handbook.

WELCOME, NEW MEMBERS THE NEWEST MEMBERS APPROVED AT THE APRIL 2015 MEETING OF THE BOARD OF DIRECTORS Matthew Buckmiller | Stubbs & Perdue, PA David Bull Eugene (Gene) Chianelli | Williams Mullen Thomas Contois | Smith Moore Leatherwood LLP Katherine (Katie) Dowell Jonathan Greene | Wyrick Robbins Yates & Ponton, LLP Joy Heath | Williams Mullen Laurie Hohe | Town of Apex David Jonson | Wyrick Robbins Yates & Ponton LLP Michael Murphy | Michael David Murphy Esq. Attorney at Law

WAKE BAR FLYER • MAY/JUNE 2015

Francisco Morales | Womble Carlyle Sandridge & Rice, LLP Daniel (Dan) Palmieri | Wyrick Robbins Yates & Ponton, LLP Mital Patel | Wyrick Robbins Yates & Ponton, LLP Janet (Jan) Pueschel | Pueschel Law Firm Lisa Robinson | Rosen Law Firm Benjamin (Ben) Smith | McCarthy, Leonard & Kaemmerer, L.C. Daniel (Dan) Tracey | Wyrick Robbins Yates & Ponton LLP Seth Wood Katherine (Abby) Zimmerman | US Equal Employment Opportunity Commission

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Wake Women Attorneys Invites you to Lunch...

JOIN US THIS SPRING! IN THE LATE 1970S, Carolyn McAllaster and Sharon Thompson discussed the need for an organization in North Carolina where women lawyers could come together to discuss and take action on issues affecting women and women lawyers in North Carolina. These pioneering women lawyers were convinced that a bar association that spoke out on behalf of women's issues would garner membership and gain credibility in the legal community. Thus, in 1978, the North Carolina Association of Women Attorneys was born. NCAWA’s beginnings were humble, with founding members stuffing envelopes, licking the stamps, and hauling the piles of notices and information to the nearest mailbox.

Announcing our May and June Luncheons

Now, more than 30 years later, NCAWA’s volunteer board along with the organization's executive director and lobbyist continue the organization’s goals and missions of increasing the effective participation by women in the justice system, in public office and within the legal profession; promoting the rights of women under the law; promoting the welfare of the women attorneys of North Carolina; and promoting and improving the administration of justice. Thanks to the initial founders of the organization, our current leadership, and our members, NCAWA is a vibrant organization with a powerful mission.

Wake Women Attorneys (WWA) is one of the many local chapters of the larger NCAWA Organization. The WWA chapter is also one of the largest and most active. The new 2015 Board of Directors has an initiative to increase membership and make this year's organization bigger and better than ever to increase awareness of issues affecting women and to make a positive difference in the lives of women across North Carolina through the Chapter's philanthropic, lobbying, legislative, networking and other legal efforts.

WWA meets the second Thursday of each month for networking and speaker lunches, as well as hosts benefit events, socials and CLEs and we welcome you to attend.

Lunches for non-members are $20.00 and members eat for a reduced cost. Anyone can easily become a member online at http://www.ncawa.org/index.php/get-involved/chapters/wake-women-attorneys-wwa, and membership is affordable too!

PLEASE JOIN US FOR THE NEXT TWO LUNCHEONS AT THE FOLLOWING TIMES AND LOCATIONS: THURSDAY, MAY 14 Dress For Success – Improving Your Professional Image without Breaking the Bank while helping the Community – Mary Michele Nidiffer, Stylefinder Noon - 1 p.m., Rye Bar and Southern Kitchen in Downtown Raleigh Lunch, Network and Guest Speaker on dressing for success

THURSDAY, JUNE 11 Guest Speaker Lunch: Amelia Hayes - Sentinel Risk Advisors Learn how to avoid the pitfalls of professional liability issues Noon - 1 p.m., Caffe Luna in Downtown Raleigh (tentatively booked) Lunch, Network and Guest Speaker

Please feel free to bring a guest! You may contact tiffany@lesnik-law.com for more information or to RSVP in advance. All lunches are $20.00 for non-members and $15.00 for members unless otherwise indicated. Lunch at Caffe Luna will be $17.00 for members due to the upscale menu and entrees available.

We hope to see you this spring!

WAKE BAR FLYER • MAY/JUNE 2015

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Wake Women Attorneys

MAY 14TH LUNCHEON BEGINNING AT 12:00PM at RYE Bar and Southern Kitchen 500 Fayetteville Street, Downtown Raleigh(in the Marriott) SPECIAL GUEST SPEAKER: Mary Michele Nidiffer founder of Stylefinder, Inc. teaches you how to "Dress for Success for Less!"

All inclusive lunch (includes a protein, three sides, beverage, tax and gratuity): $15.00 for members $20.00 for non-members (checks or cash may be made directly to Wake Women Attorneys at the event)

More About Our Guest Speaker....

A first impression is a lasting impression, and your image speaks louder than words.

Yet, do you know what your image says about you? Mary Michele Nidiffer, founder of StyleFinder LLC, will share with easy tips to help you take your style to new heights, while helping you to get ahead in business and in life. Your style creates your image, and influences not only what others think about you, but how you feel about yourself.

Learn how you can make small tweaks to your style that can create big results and help you take your look - and your business - to the next level. Learn more at www.StyleFinderID.com.

More About our Luncheon and Menu...

http://www.ryeraleigh.com/ To RSVP for lunch, please RSVP to the link below or contact Tiffany A. Lesnik at tiffany@lesnik-law.com Please indicate whether you have any special menu requests.

Please RSVP here: http://whoozin.com/GMQ-R93-9EVV

Everyone is welcome and we look forward to seeing you there!

THE 2015 WCBA CHARLES BRANDON HUNT LAWYER’S BASKETBALL LEAGUE It was another great season for WCBA basketball with more than 80 attorneys participating. The makeup of the co-ed league is quite diverse with small, medium and big firms all 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. The J.D. Lewis Multipurpose Center on Garner Road is an accommodating venue and the owner, Dwayne West, does a great job of making sure things run smoothly.

Congratulations to Geary Knapp’s 2015 team for winning the tournament title. Team Knapp’s championship roster consisted of James Porter, Hugh Harris, Trent Womble, Adam Banks, Quinton Byrd, Andrew Hoke, Cameron Stanton, Nick Dowgul, James Lawrence and Geary Knapp. Team Knapp won a close championship game against Team Sharda with the game being decided in the final minutes. This marks the first time that Team Knapp has hoisted the championship trophy.

Registration for 2016 will begin in November. Please contact Ryan Oxendine at (919)848-4333 or ryan@oxendinepricelaw.com for interest regarding the next season.

Scenes from 2015 league games.

Above: Stephanie Lindeman (girlfriend of Jeffrey Cox) and Jeffrey Cox, Champion of Open Division

FINAL REGULAR SEASON STANDINGS 1. Team Geary Knapp 5-2 2. Team Ashish Sharda 5-2 3. Team Sidney Minter 4-3 4. Team Jason Tuttle 3-4 WAKE BAR FLYER • MAY/JUNE 2015

5. Team Brian Meacham 3-4 6. Team Jeff Monroe 3-4 7. Team Josh Apple 3-4 8. Team Ryan Oxendine 2-5 PAGE 15