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lawyerN O R T H C A R O L I N AThe North Carolina Bar Association May 2013 • Volume 23, No. 4Durham County Welcomes New Justice Center Page 12features: Judge Duncan Marks 10 Years• Patricia-Timmons Goodson Honored | pg. 10• Clark Walton Nationally Recognized | pg. 13 PAGE 7• Judicial Standards Commission Turns 40 | pg. 15• Planned Giving Committee Formed | pg. 29

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Leading Off www.ncbar.org Leading Off:Celebrating An Array Of Judicial MattersThroughout its existence, dating back to February 1899, the Anne Roth Strickland, assistant director of communications,North Carolina Bar Association has provided staunch support for whose courthouse articles have become a popular feature of thisjudges, courts and the administration of justice in our state. magazine, takes a look at the old and the new this time around. Continuing in that fine tradition, this edition of North The “old” is the historic Buncombe County Courthouse inCarolina Lawyer is devoted to an array of judicial matters. Asheville. It’s no accident that the courthouse is highlighted in this issue, given that the 2013 NCBA Annual Meeting will take Beginning on page 7, we celebrate the 10-year anniversary place June 20-23 at the Grove Park Inn in Asheville. Coverageof Judge Allyson Duncan’s appointment to the Fourth U.S. Cir- begins on page 18.cuit Court of Appeals. Judge Duncan recalls vividly the sequenceof events that culminated in the summer of 2003 shortly after she The “new” is the long-awaited new Durham County Court-was installed as president of the NCBA. house in Durham. This spectacular facility opened to rave re- views earlier this year and will serve the citizens of Durham On page 10, another exemplary jurist, Patricia Timmons- County for years to come. The new courthouse is featured on theGoodson, is profiled in conjunction with her selection as the cover and on page 12.2013 recipient of the Liberty Bell Award. The award is presentedannually by the Young Lawyers Division on Law Day. Justice Finally, the N.C. Judicial Standards Commission turns 40Timmons-Goodson retired last year following 28 years of ser- this year, a milestone that cannot pass without richly deservedvice on the District Court, N.C. Court of Appeals and ultimately recognition. Paul Ross, executive director, discusses the signifi-the Supreme Court of North Carolina. cant, often thankless work of the commission in coverage begin- ning on page 15. NCL Speaking of courts, they cannot function without courthouses.A History of Service.William R. Stroud, Jr.., Ken Hudson, Erin Orr LAWYERS INSURANCE offers coverage for your health, office, home and life to protect you, your practice, and the LIABILITY INSURANCE people behind it. We were founded in 1984 by Lawyers Mutual, and we know what is important to you. We provide: LAWYERS COMPANY OF MUTUAL NORTH CAROLINA n Group Health coverage for you and your office n Court & Probate Bonds 919.677.8900 800.662.8843 n Property & Liability Coverage n Workers Comp & Disability Insurance n Structured Settlements n Auto & Homeowners Insurance n Dental Coverage n Long-Term Care n Medicare Supplemental Insurance Contact LAWYERS INSURANCE to take care of your insurance needs. LawyersInsuranceAgency.com

At the end of the day... Who’s Really Watching Your Firm’s 401(k)? And, what is it costing you? Please visit the ABA Retirement Funds Booth at the upcoming North Carolina Bar Association Annual Meeting for a free cost comparisonand plan evaluation. June 20-23, 2013 Grove Park Inn, Asheville, NC YES NODoes your firm’s 401(k) feature no out-of-pocket fees?Does your firm’s 401(k) include professional investment fiduciary services?Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors?If you answered no to any of these questions, contact the ABA Retirement Funds Programby phone (866) 812-1510, on the web at www.abaretirement.com or by [email protected] to learn how we keep a close watch over your 401(k). Who’s Watching Your Firm’s 401(k)?The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) withthe Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. TheCollective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, moststate and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may beobtained by calling (866) 812-1510, by visiting the website of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142,Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of theCollective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of theCollective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such stateor other jurisdiction. The Program is available through the North Carolina Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no waya recommendation with respect to, any security that is available through the Program. C12-0201-010 (2/12)

5 | The President’s Perspective contents6 | Letter To The Editor6 | 4ALL Statewide Service Day You can see the Grove Park Inn, site of our 2013 NCBA Annual Meeting, from the upper Answers 9,712 Calls level windows of the the Buncombe County7 | 10 Years Later! Judge Allyson Duncan Courthouse, which is located in the heart of downtown Asheville. The historic 1928 Looks Back building embraces its history and welcomes10 | Liberty Bell Award Honors Career new growth. See page 18 for the story. Achievements of Timmons-Goodson12 | Durham County Welcomes New Justice Center13 | Clark Walton Is State’s First Recipient Of ABA YLD Outstanding Young Lawyer Award14 | Dispute Resolution Section Honors Professor George K. Walker15 | Judicial Standards Commission @ 4017 | Awards Across The Bar18 | Bricks & Mortar: Buncombe County20 | Understanding LinkedIn Endorsements By Erik Mazzone21 | Faith Propels Gallimore By Chanel Davis22 | Big-Time Panel Talks Big-Time Athletics23 | Winning Media And The Law Entry Devoted To Wilson Attorney And A Family’s Legacy By Jon Jimison26 | The Stress-Free Law Practice By Jim Calloway28 | Members In Focus29 | NCBA Foundation Expands Planned Giving Efforts With Establishment Of Planned Giving Committee30 | YLD Column: The State Of Legal Education By John Buford32 | Writing That Works: Dashes And Hyphens Rules For The Discriminating Writer By Laura Graham33 | Section Award Winners34 | Chad Garrett Is CLE Volunteer Of The Year35 | Recognition36 | In Memoriam37 | Upcoming CLE Programs

North Carolina Lawyer www.ncbar.orgOrganized 1899 Leadership from North Carolina’s seven law schools participatedVisit our website at www.ncbar.org in the Legal Education and the Profession in Transition Summit at the N.C. Bar Center on April 2. From left, Dennis Stone (Charlotte), George JohnsonNCBA Mission Statement (Elon), Jack Boger (UNC), Phyliss Craig-Taylor (NCCU), David Levi (Duke), Keith Faulkner (Campbell) and Blake Morant (Wake Forest).To serve the public and the legal profession bypromoting the administration of justice and lawyerN O R T H C A R O L I N Aencouraging the highest standards of integrity,competence, civility and well-being of all Executive Editor | Russell Rawlings North Carolina Lawyer, Volume 23, No. 4, May 2013, ismembers of the profession. Managing Editor | Anne Roth Strickland published quarterly by the North Carolina Bar Association, Graphic Designer | Lindsey Paytes 8000 Weston Parkway, Cary, NC 27513, and offered as a free2012-2013 Officers Contributing Writer | Amber Smith benefit to members. Periodicals postage paid at Raleigh, NC.President Advertising Coordinator | Linda Bridges POSTMASTER: Send address changes to North Carolina Lawyer, P.O. Box 3688, Cary, NC 27519-3688.R. Michael Wells Sr., Winston-Salem ©2013 North Carolina Bar Association. All rights reserved.President-ElectAlan W. Duncan, Greensboro Views and opinions expressed in articles published are the authors only and are not to be attrib-Immediate Past President uted to North Carolina Lawyer, its editor or the association unless expressly stated. Authors are responsible for the correctness of all citations and quotations. Advertising information availableMartin H. Brinkley, Raleigh on request to above address.Vice Presidents Speak Up!Professor Luellen Curry Send letters to Editor, North Carolina Lawyer, P.O. Box 3688, Cary, NC 27519.Judge William C. Farris Please keep your letters to 250 words or less. North Carolina Lawyer edits forJustice Barbara A. Jackson brevity, style and taste. The editor reserves the right to choose which letters toJudge Paul C. Ridgeway publish. No anonymous letters will be printed. See this issue’s letters on page 6.Wade M. SmithWilliam F. Womble Jr. Correction: In an article on lawyer legislators appearing on pages 24-25 of the February edition of North Carolina Lawyer magazine, the captions for Rep. Duane Hall (D. Hall) andYoung Lawyers Division Chair Larry D. Hall (L. Hall) were transposed. The NCBA Communications Department regrets the error and apologizes for any inconvenience this may have caused.John S. Buford 4Senior Lawyers Division Chair North Carolina LawyerJ.R. Hooten May 2013Executive DirectorAllan B. HeadBoard of GovernorsTerms Expiring 2013Shelby D. BentonLeAnn Nease BrownJacqueline D. GrantJonathan P. HeylJennifer M. JonesKimberly H. StognerThomas C. WatkinsTerms Expiring 2014William E. Cannon Jr.Jacqueline R. ClareDavid D. DaggettKearns DavisClayton D. MorganRaymond C. PierceJill L. RaspetTerms Expiring 2015Edward G. Connette IIIStuart Battle DorsettSherry Honeycutt EverettSamuel A. ForehandRobert H. HaggardNan Edmunds HannahGlenn E. Ketner Jr.

The President’s Perspective www.ncbar.orgLessons Learned Long Ago R. Michael Wells Sr.From A Lawyer Who Had 2012-13 PresidentCourage To Take A ChanceAs I approach the end of my term as president, and as I not widely used because it was some distance from where mostdrive the now very worn path from Winston-Salem to Exit 285 people lived. Mr. Mohler thought there should be another publicon I-40, I reflect on what I have learned during this opportunity course that was more accessible to most citizens.to serve you have graciously provided me. If I could tell a younglawyer, or any lawyer, what is the cumulative wisdom of all of Interestingly, Mr. Mohler hardly ever played golf. His beliefthis, where would I begin? in this project had nothing to do with his love of the game of golf. It was all about the people who played. The people my father I would begin where my own journey with all of you began called the “Regular Joes” of this world.that June morning in Asheville, 2011. I told you then what myfather told me when I was a young law student about the kind Despite his fiscal conservative credentials, his advocacy ofof lawyer all law students should aspire to be. The core of that this project had literally no takers, save for one other brave soul.guiding principle, laid out so many years ago, has been proven When a preliminary vote was taken on the option of this landover and over to me in what I have seen and heard in these two being converted to a public course, every single one of the oth-years as president-elect and president: there is just no substitute er council members voted against it, except for that one otherfor authentic and forward-thinking leadership. council member. In that time of paternal instruction, my father, a high school Mr. Mohler and his lone supporter set out to make theirgraduate but a wise observer of life, outlined to me the careers of case. They helped to shape a plan to make the public course notthree lawyers he thought all lawyers-to-be should try to emulate. only revenue neutral but revenue producing. Mr. Mohler, whoOne of those lawyers was Bill Mohler. was a cracker-jack trial lawyer, advocated on the floor of the city council to do what was right, to serve all citizens of the city, and That leadership message holds true today, and it under- to look past short-term challenges to the long-term bettermentscores leadership’s core element: you are going to have to take of the community.some chances if you want to get to a better place. The level ofthinking that got you here is not going to get you out of here. Be In time, they prevailed, really against long odds, consideringwise and discerning about what chances you take. But taking a not one other council member voted for this option initially. Itchance is what you must do. was a remarkable reversal of fortune. Here is what Bill Mohler can teach us all about leadership. The case for this forward-thinking choice, and the advocacy The city where I grew up had been given a real deal on a of Bill Mohler for it, brought this park to fruition. Bill Mohlernine-hole golf course that was operated by a country club in the was a lawyer who took a chance. He chose a less popular path toheart of the city. The course was in a very nice, established, and fight for the right thing.pricey, neighborhood. The country club was going to build achampionship course in another part of the county where there Winston Churchill once observed that one should knowwas room for an 18-hole course. So the city bought the course. the difference between making a living and making a life. Bill And therein was the dilemma: should the city divide up the Mohler knew something about the difference.course into expensive housing lots, sell them, and use the mon-ey for other projects, as originally planned? The city, like most The journey in life is to find that sweet spot, that enduringcities, struggled with growing services which outstripped the balance, in life’s essential equation. That balance between mak-growth of the tax base. The most near-term fiscally responsible ing a living and making a life. That balance is likely not going toapproach would be to sell the lots and use the money. come dressed up in an easy choice, but in a hard choice. Mr. Mohler, a fiscal conservative on the city council, took adifferent view. Our county had only one public golf course, and it The consequences of which choice you may not know for awas at the far end of what was a very large county. The course was while. But if you make the hard choice on an issue with short- term challenges but ultimately long-term value, you are getting really close to finding that sweet spot. Which does not mean you have to prevail. But it does mean you have to try. 5North Carolina Lawyer May 2013

The President’s Perspective Letter To The Editor www.ncbar.org Send letters to: Editor, North Carolina What I sense in our association is a growing strength to take chances. Lawyer, P.O. Box 3688, Cary, NC 27519.And that strength comes in no small part from our divisions. Our Paralegal, For details, see page 4.Young Lawyers and Senior Lawyers divisions have been among our most ableteachers on this core concept. Bravo to Laura Graham and her ex- cellent article! There are a few things that ir- Measured, thoughtful, chances, not frivolous or quixotic chances, but ritate me and my wife more than improperreal chances all the same. Chances that can lead to real progress, and a much grammar these days. I’m not just talkingbetter sight line of where we need to go as a profession and as an association, about lawyers or judges: I’m talking aboutand how we are going to get there. broadcasters and sportscasters who should know better than to violate the cardinal rules We are undergoing enormous change in our profession, and our associa- about which Ms. Graham writes.tion must be responsive to that change. We cannot hold tightly to the comfortof past ways if those ways are not fully relevant for the road ahead. I am so glad to see somebody bring it to the attention of all lawyers through our “The best way to predict your future is to create it,” said Abraham Lin- magazine! My pet peeve is ending a sentencecoln. Our profession and our association have begun that process in ways with a preposition. The most flagrant viola-that are different in kind and not in degree. And it will inure to our benefit in tion is when somebody says, “I’ve never seenmany ways, if we keep taking chances. that before.” I always want to respond, “Be- fore what?” If you’ve never seen something, Thoughtful, measured chances, but chances in which we take our foot off then it’s obvious that you have never previ-the comfort of first base and head confidently to second. And I believe those ously seen it!chances will take us way further than that. Way, way further. Again, thanks for the excellent article! Forty years have passed since that public park for which Bill Mohler ad-vocated so bravely and eloquently came to fruition. I don’t get home much John F. Cutchin, Newtonthese days, but when I was home recently, I drove by that golf course. Like the golf courses where you and I play, there were golfers out there inall kinds of weather, playing a game they love. The only thing different aboutthese golfers is: they are all named Joe. Every one of them. And it all started on a day when a principled lawyer had the vision to seepast short-term difficulties to the long-term good of us all. A lawyer who had thecourage to take a chance. A lawyer like you. NCL4ALL Statewide Service Day Answers 9,712 CallsThe phone lines stayed busy all day at WNCT in Greenville The North Carolina Bar Association’s sixth annual 4ALLand seven additional call centers across the state. Statewide Service Day, held Friday, March 1, proved to be a record- setting experience for the citizens and lawyers of North Carolina. Operating from eight call centers stretching from the moun- tains to the coast, volunteer attorneys fielded 9,712 calls, besting the previous record of 8,870. It took an army of 456 lawyers, paralegals, law students and other volunteers to field the calls, and an extraor- dinary array of call center hosts who helped make the day possible. The 2013 4ALL Statewide Service Day was led by Stephanie Crosby and Trey Lindley. The call-center site chairs were Sha- ron Robertson and Susan “Smitty” Dotson-Smith (Asheville); Andrea Basquez-Porter and Denisse Gonzalez (Cary); Harrison Lord (Charlotte); Ashley Bennington and Joan Bergman (Greens- boro); Leslie Van Der Have and Ayanda Meachem (Greenville); Dan Hartzog Jr. (Raleigh); Ryan Rhodenhiser, Andy McVey and Ted Shipley (Wilmington); and Richard (Scott) Adams and Christa Pletcher (Winston-Salem). Mark your calendars now: The 7th Annual 4ALL Statewide Service Day will be held on Friday, March 7, 2014. NCL 6North Carolina Lawyer May 2013

Leading The Profession www.ncbar.org Judge Duncan listens intently during the investiture of Judge James Wynn.10YearsLater!Judge Allyson Duncan Looks Back On The Summer Of 2003 And 10 Years Of Service On The 4th Circuit Court Of Appeals By Russell Rawlings “I was on the road to Asheville to the Annual Meeting,” sheJudge Allyson Duncan had given little thought to the up- continued. “I got a phone call from the White House and I wascoming milestone until some of her law clerks made mention of told my confirmation hearing would be the following Wednes-organizing a 10-year reunion. day. We had an interview with the Asheville newspaper and I was coming early for that.” Ten years! Believe it or not, it’s true. It has been 10 years since the The next morning she conferred with NCBA Executivewhirlwind summer of 2003 when Judge Duncan was sworn in as Director Allan Head and President Norfleet Pruden to let thempresident of the North Carolina Bar Association and confirmed know their incoming president was about to change jobs.unanimously by the U.S. Senate to the U.S. Circuit Court of Ap-peals for the Fourth Circuit. “I told Allan and Norfleet at breakfast that Sen. Edwards had “I can recall almost exactly,” Duncan stated from her Ra- said he would have a floor vote before summer recess, and he did,”leigh chambers when asked if she remembered where she was Duncan said. “I needed to talk to them before the past-presidents’when she got the call letting her know that her nomination was dinner. I think Ozzie Ayscue had said that I would finish my termmoving forward. “I thought, oh my gosh, this is serious.” (before the nomination went through), and it wasn’t a problem. Given the number of times North Carolinians had beenthwarted in their quest to join the Fourth Circuit bench, Duncan “I needed to let them know there was a problem, but I want-had ample reason to believe her nomination would be no differ- ed to serve and believed I could do it.”ent. If nothing else, she certainly could not have imagined that itwould progress at light speed. Indeed she did, serving an outstanding year as president of the NCBA while also joining the Fourth Circuit Court of Appeals, which for years had gone without representation from North Carolina. Ironically, Fourth Circuit Judge Roger Gregory swore her in as president. 7 North Carolina Lawyer May 2013

Leading The Profession www.ncbar.org “It doesn’t feel as though it has been that long,” Duncan said. assignments are generated by computer, which processes informa-“The court has changed so dramatically in that 10 years. I usually tion regarding our disqualifications and spits our random panels.preside about twice during the four days of oral argument week We have sat together as a panel in Charlotte for the 100th anniver-now, because of having achieved in the past couple of years that sary of the courthouse, and we sat together once at Campbell.degree of seniority.” “When I came to the court I was the third woman. We now That’s interesting, considering Duncan was the junior or have four and would have had five had we not lost Judge Wil-“baby” judge on the court for nearly five years. Judge James liams. I have never sat on a panel of all women circuit judges,Wynn, on the other hand, was the newest member of the court although I have sat a couple of times with another circuit judgefor only four months. and a District Court judge sitting by designation.” “We’ve lost wonderful people,” Duncan said. “Judge Blane From the outside looking in, serving on the court would ap-Michael of West Virginia, who died, and Judge Karen Williams pear to be a dream job, and in many ways it is. But the work can(S.C.) to early onset Alzheimer’s, which could not be a crueler also be excruciatingly difficult, as Duncan has learned.fate because she had just become chief. “I find it stimulating,” Duncan said, “and there are times “She had so much energy and so many wonderful ideas. She when I get a sense of satisfaction out of having puzzled some-was an excellent chief in the limited amount of time we had her. thing out, feeling I have come to the correct results. But it is hardHer successor, Judge Traxler, is doing an excellent job, but we to say that working on capital cases is rewarding.should have had them both. There is some poignancy in that. “I have lived through a couple of executions in appeals when I “On the other hand, the new judges are wonderful. They all was on the panel, including one I authored. Virginia still executes,fit in. It’s terrific to have two colleagues (Judges Wynn and Al- including the Washington sniper. Malvo, the younger of the two,bert Diaz) from North Carolina. We can actually do a state night. pled guilty and is serving life in prison, but Muhammad went toThat’s been great.” trial. He was sentenced in Maryland, but Virginia tried him as well. In terms of seniority, Duncan now finds herself in the mid- “It was interesting because he didn’t commit any of his mur-dle of the 15-member court, which is full for the first time in her ders in Virginia, but Virginia tried him on the theory that hetenure and for the first time since it expanded to 15 members. was the mastermind of the duo and was essentially controlling Malvo. He was tried capitally in Virginia and executed.” “It has been interesting for the institution to have so manynew people at one time,” Duncan said. “I was the baby judge on As one might imagine, Duncan’s workload is not confined tothe court for several years. I had a long period of adjusting to the her service on the bench. She has taken on new challenges in recentcourt’s protocol. With so many new people, some of that is lost, years, such as serving on the Duke University Board of Trustees.and I think it is probably a good thing. Duncan is also actively involved in the Federal Judges As- “People bring in new perspectives and can legitimately sociation, having served most recently as vice president for se-question the way things are done. One of my favorite memories curity and planning. In April she was elected, by acclamation, towas a discussion at one of my administrative council meetings, the position of president-elect.which we no longer have. Even then we were looking at ways tosave money, and the clerk of court questioned if we could reduce “I don’t tend to unilaterally get involved in anything,” Dun-the number of slip opinions that we are doing for each chamber. can said. “I tend to get drafted. Judge Traxler was rotating off his term on the (FJA) board of governors and said this will be a good “Each chamber was getting six, and the clerk wanted to know way to meet people, which is how he suckered me into doingif we could cut down on that. There was general agitation at the something that I otherwise wouldn’t have sought.prospect, and I said, why do we need six copies when we can getthem online? At least four judges turned to look at me as if they “But we lead fairly isolated lives and it is a good way to meetwere thinking who are you and where did you come from? other Article III judges.” “This month we are eliminating slip opinions altogether; we Duncan’s work with the Federal Judges Association has beenhave to because of sequestration. It has been dramatic, some of the extensive, at home and now abroad.changes. When I came we were sitting seven or eight times a year andnow we are sitting six. Even that is threatened by budget concerns. “The FJA is a member of the International Association of Judges,” Duncan explained. “The IAJ was formed in Austria “On the other hand, we are fully staffed for the first time cer- in 1953 to promote judicial independence and the rule of lawtainly in the time I have been on the court. There was a time when around the world. It meets every year in a different country andwe were down a third of our contingent. It doesn’t seem to change the U.S. had never hosted because we couldn’t ask for moneythe workload because our workload has remained largely steady.” from the government and we can’t raise money from law firms.” The North Carolina contingent of Judges Duncan, Wynn and That all changed last November when the U.S. Patent and Trade-Diaz—an NCBA past-president and two former NCBA vice-pres- mark Office, which has a huge interest in global intellectual propertyidents, respectively—would not typically sit together on a three- rights, opened up its facilities in Alexandria, Va., and made it possi-judge panel, but they have joined forces on special occasions. ble for the FJA to host the international conference for the first time. “That has never happened randomly,” Duncan said. “The panel Duncan chaired the committee that ran the event. “That almost did me in,” she said. “I was getting emails from 8North Carolina Lawyer May 2013

Leading The Profession www.ncbar.orgJudge Duncan, center, poses with judges in Tunisia,where she recently conducted human rights training.judges from all over the world and all times of the night and day. “What some people endure to do their jobs is humbling. WeWe provided simultaneous translation for the meetings in French, are so relatively safe here.”Spanish and English, but the emails came in every language andwriting imaginable. I remember one that neither I nor my law Looking back, Duncan never doubted she could handle theclerks could identify—it turned out to be Mongolian. Thank dual roles of president and judge, especially when compared toheaven for Google Translate! We tried so carefully not to offend the pace she currently maintains.anyone. But there were little things like what to call the Peoples’Republic of China. They wanted to be called Taiwan and the State “I thought it was doable, but I’m a high energy person. I amDepartment wanted to call them the Peoples’ Republic of China. more challenged now than I have ever been in my life. Those days seem tame by comparison, but I like everything I’m doing. “And then there was the seating plan for the banquet, andwho could be put next to whom. I can’t imagine what Hillary “This is the first time I have wandered into territory thatClinton went through!” seems unmanageable. On the Duke board, for example, I am on the Business and Finance Committee and the Audit Committees In addition to her work with the FJA, Duncan was appoint- —that’s a lot of material to review. Duke is a huge institution. Ied by Chief Justice John Roberts to serve on the International Ju- think I may have bitten off more than I can chew. We’ll see.”dicial Relations Committee, which serves as the point of contactfor foreign judges and prosecutors seeking training assistance If past performance is any indication, she’ll look back on thefrom the United States. experience and smile, just as she does when asked to reflect on special memories of her year as president of the NCBA. “I was looking through emails today and have a request tocome to Cartagena, Colombia, in a couple of weeks. Unfortu- “I remember meeting people I wouldn’t otherwise havenately I cannot go because I will be doing human rights training met,” Duncan concluded. “I remember driving to Atlantic Beachin Tunisia. And I have a request to go to Burma—our State De- for the Government & Public Sector Section meeting and takingpartment calls it Burma, not Myanmar—to talk about interna- Jo Anne Sanford and Ann Reed, who was president of the Statetional arbitration, and we are trying to set that date. I’ll be going Bar at one point. We were driving down there in this torrentialto the IAJ meeting in Yalta in the fall. rain, and I thought we would have to pull over. “I love to travel and meet judges from other countries. I can’t “I remember getting there and thinking this is kind of neat.put into words how humbling it is to hear what my colleagues This is something I would not have done. I remember goingare facing. We had a judge from Colombia say that he feels safer around and speaking to the Cumberland County Bar, and speak-because the eyes of IAJ are on him. He is not anonymous; people ing all over the place.around the world are watching. “I appreciated the opportunity to connect outside my usual circle of friends and acquaintances. “Where else would I have met Hank Van Hoy?” NCL 9North Carolina Lawyer May 2013

Leading The Profession www.ncbar.orgLiberty Bell Award Honors CareerAchievements Of Timmons-GoodsonBy Russell Rawlings. taking a chance. I was 29 years old at the time he placed me on theWhen college classmate Jim Wynn appeared before the District Court bench. At that time, the practice and tradition wasSenate Judiciary Committee on his way to the Fourth U.S. Cir- that lawyers joined the bench after long, distinguished careers.cuit Court of Appeals, Patricia Timmons-Goodson was the firstto arrive for his confirmation hearing. “I followed Beth Keever on the bench. When you think about it, that’s a heckuva lot of responsibility for a 29-year-old.” When former N.C. Supreme Court Chief Justice BurleyMitchell received the North Carolina Bar Association’s Liberty Timmons-Goodson grew up in a large family, the oldest ofBell Award a few years ago, there was no question that Justice six children. Her father, the late Edward Timmons, was a ser-Timmons-Goodson would be in geant in the U.S. Army until health concerns cut his militaryattendance and would later send a career short in 1968. Her mother, Beulah, still resides in thewarm letter of congratulations. Fayetteville home where her family When approached by colleagues settled following stops in Germany,in Fayetteville a few weeks ago about Kansas and South Carolina.accepting an award from the localbar, Timmons-Goodson graciously “We have always been a close-noted that she would be unable to knit family,” Timmons-Goodsonattend, having already committed to said. “We had to be. We weren’t re-speak elsewhere. lated to anybody in town, so we clung to one another.” Her word is her bond and herloyalty is as wide as the day is long. Timmons-Goodson was born in her parents’ hometown of Florence, Since retiring from the N.C. S.C., but has called Fayetteville homeSupreme Court last year, Timmons- throughout her adult life.Goodson has received numeroushonors and accolades, not the least “My father was in the 82nd Air-of which is an NCBA Liberty Bell borne,” Timmons-Goodson contin-Award of her own. ued. “Fort Bragg is the home of the 82nd Airborne, so we always found “My hands started trembling and our way back to Fayetteville.”water came to my eyes,” Timmons-Goodson said when asked for her re- Only one of her five siblingsaction to being notified of the award. served in the military. Col. Edward“I know some of the recipients, and W. Timmons, following 30 yearsfor anyone to think I was of that caliber and had rendered service on active duty in the United Statesto that level, it really touched me. Army, retired last month. “I will spend the rest of my life making sure I conduct myself Being from a military family hadin a way that they will say, ‘We were right, she deserved that.’ ” a profoundly positive impact on Timmons-Goodson’s career, in part because she attended excellent schools wherever her father A graduate of the University of North Carolina at Chapel Hill was stationed, and in part because she learned the importance ofand the UNC School of Law, she served as an assistant district at- reaching out and building relationships.torney and legal services attorney prior to her appointment to theDistrict Court bench in 1984. Subsequently elected to three four- “As a result of the excellent schools that our country afford-year terms, she served as a District Court judge until 1997. ed military dependents, the stability of the home from which the children came and the discipline the soldiers imposed upon their “Ed Grannis (retired Cumberland County district attorney) families, a quality education resulted. I learned to obey rules andgave me my first legal job,” Timmons-Goodson said. “I spent two take responsibility for my actions.years with the prosecutor’s office. I then joined Lumbee River Le-gal Services as a staff attorney for one year. While working at legal “You understood that your conduct reflected on your family.services in 1984, Gov. Hunt appointed me to the District Court. In the military, there is an esprit de corps, a sense of family, and I think the military taught this value each day to the soldiers. I cannot “When I think back on the appointment, Gov. Hunt sure was say enough positive things about the military. In fact, I credit the military with much success that I have experienced professionally.” Particularly, she added, when it came time to run for office. 10North Carolina Lawyer May 2013

Leading The Profession www.ncbar.org “Being a member of the military community and being in “Don’t beat yourself up if you made the best decision at thethe service, you must extend yourself—you must reach out. Oth- time based on the information you have. Judges are called uponerwise, you would spend the entire tour without friends. to make many, many decisions. If you let it, you could become paralyzed and couldn’t make a decision. You know what the law “I learned early to reach out and I think people sense that. I is, you understand the facts of the case: make a decision.also believe, in terms of serving on the bench, that I understoodwhat military families who found themselves before the court “That is why I include Ed Grannis among my mentors.”were facing. I do think that it helped.” As Timmons-Goodson takes a few well-deserved bows and contemplates the next chapter in her journey, she is confident Evidently, it did. Timmons-Goodson faced opposition in that she stepped away from the Supreme Court at the right time.her first election in 1986, but ran unopposed in 1990 and 1994. “My mother always impressed upon me that you leave whileThen, in 1997, Gov. Hunt called upon her to serve on the N.C. folks think well of you. It was a good time after 28 years on theCourt of Appeals, where she served until 2005. bench. I didn’t go into the state judiciary with any notion that I would be there 28 years. I had no idea.” In 2006, when Associate Justice Sarah Parker was elevated to the It has been a privilege, she added, to serve the people ofposition of chief justice, Timmons-Goodson was appointed to the North Carolina on the Supreme Court.Supreme Court of North Carolina. She was elected to an eight-year “I will long remember the cases,” Timmons-Goodson said,term on the Supreme Court in November 2006 and served until 2012. “in which the court came together with one voice to announce the laws of North Carolina. I will never forget the pride and Being the first African-American woman appointed or exhilaration I felt on opinion day when we released through theelected to the state’s highest court is a distinction Timmons- court the product of much hard work—the decisions of the court.Goodson embraced proudly. “I shall miss the intellectual challenges and the variety of service opportunities afforded me by my service on the court. “It was not lost on me. Citizens frequently ask what I did I shall miss speaking to young people throughout the state andto get on the Supreme Court; how did you arrive there? I didn’t educating them about our court system.”have the answer other than this is what the Lord intended for me, “About the future,” Timmons-Goodson added, “I believebecause I didn’t think I had done anything special. there are further opportunities to serve the people of our state.” Timmons-Goodson served as a vice president on the NCBA “I knew I had worked hard, and I knew that I took advantage Board of Governors in 2001-02. She and her husband, Dr. Ernestof every opportunity that was afforded me. I also understood and Goodson, a Fayetteville orthodontist, have two grown sons.I told folks that there were people before me who very well could The NCBA Young Lawyers Division presented the 2013 Lib-have served on the Supreme Court, but times were different and erty Bell Award to Timmons-Goodson in Raleigh on May 3 inthey didn’t have the opportunity.” conjunction with the annual Law Day festivities. NCL A lot of it, she adds, boils down to timing. “If I had come along about time (Guilford County DistrictCourt) Judge Elreta Alexander, I probably would not have beenable to get on the Supreme Court as an African-American fe-male. Before that, we know about the struggles that Chief JusticeSusie Sharp experienced, and it would have been more difficult,I would argue, for a woman of color. “I do understand and appreciate that a good bit of my suc-cess is based on timing and when I came along. Having said that,you do have to take advantage of those opportunities and con-duct yourself in a way that you are prepared and able to seizewhatever opportunity presents itself.” Timmons-Goodson has drawn inspiration from numeroussources, beginning with her mother and her paternal grand-mother, Rosebud Timmons, both of whom, she says, “were al-ways there for me to model myself after.” Pioneers, such as Judge Alexander and Cook County (Chi-cago) Circuit Judge Willie Whiting, and colleagues, such asJudges Wynn and Keever, also figure prominently in her success. And she received vital on-the-job training from Ed Grannis. “I watched him try cases and decide whether a plea was ap-propriate,” Timmons-Goodson said. “I learned how to make a de-cision based on the law as I understood it and the facts of the case.I learned not to let people bully you into changing your mind,and to not beat myself up later if additional information comes tolight and it turns out I should have taken another course. 11North Carolina Lawyer May 2013

Legal Landmarks www.ncbar.orgDurham County Welcomes New Justice CenterSited in historic downtown Durham, the Durham County Every effort has been made to make this a space oneJustice Building is open for business. Adjacent to the Durham of efficiency, but also one of beauty. Just past the threeCounty Detention Facility and a new parking deck, the city fast-moving security lines, you’re faced with thisblock is designated the Durham County Judicial Center and two-story mural composed of historical photographsdominates the skyline from the Durham Freeway. that create an image of the county’s second courthouse, built in 1916. The exhibit, titled “And Justice For All,” Every element of design, including a welcoming urban plaza features images depicting justice in all forms throughand sheltered entrance, is deliberate. The building is meant to the ages, and images of the people that have servedachieve a Leadership in Energy and Environmental Design Gold since the county’s beginning in 1881. Learn morecertification, and features a green roof and rainwater collec- about the Durham County Courthouse Art Wall attion system, use of regional materials and sustainably harvested justiceforall.dconc.gov.wood, energy-efficient HVAC, water-efficient landscaping andplumbing, priority parking for fuel efficient vehicles and bikelockers and shower facilities. The building is more than just environmentally friendly, it’speople friendly. The new space consolidated many county officesinto one location, making it easier for the public, but also for theagencies to work together. Carlos Mahoney, vice-president of the Durham Bar Asso-ciation, welcomes the change in venue. “There’s a lot more tech-nology in the courtroom, more courtrooms, and sufficient spacefor everyone who needs to meet. It’s become more of a commu-nity space, and incorporates the offices that citizens deal with ona day-to-day basis, located adjacent to each other on lower floorsand easier to access.” Indeed, the busiest areas are on the lower floors, and systemsare in place to serve the public quickly and efficiently—namelyin the new traffic court, that allows those with tickets to speakto a clerk or other court official and possibly resolve the ticketbefore ever making it to the courtroom. Those who will be seenin court will do so in one of the facilities’ 20 courtrooms. Thecenter has the ability to expand to 27 as the population rises andthe need for new staff increases. As much as the facility is designed to serve the public, it isalso designed to protect those who call the Justice Center home.“The well-designed increase in security is substantial—from theentry point to multiple cameras, to include separate elevators forthe judges who no longer have to ride downstairs with the par-ties they have just served,” Mahoney says. The Durham County Justice Center is designed to stand thetest of time, and to serve the profession that will serve within—alasting marriage of form and function. NCL 12North Carolina Lawyer May 2013

Young Lawyers Division www.ncbar.org Clark Walton Is State’s First Recipient Of ABA YLDOutstanding Young Lawyer AwardClark Walton, recent recipient of the ABA YLD Out- serves on the ABA’s Advisory Committee on Law and Nationalstanding Young Lawyer Award, didn’t set out to become a lawyer. Security, where he focuses on cyber issues. The first North Carolina lawyer to ever receive this national He is also the ABA YLD liaison to the Special Committee onhonor had every intention of following his parents into the Disaster Response and Preparedness, and is serving a three-yearteaching profession. A graduate of East Rowan High School in term on the board of directors of the Mecklenburg County Bar.Salisbury, he entered the University of North Carolina at ChapelHill as an N.C. Teaching Fellow in the fall of 1996 in pursuit of Walton began his service to the profession a decade agoa math degree. at Georgetown where he was twice elected ABA Law Student Division delegate to the ABA House of Delegates from 2003-05, “In the Teaching Fellows program, they put you in the class- serving on the House of Delegates Technology Committee.room a lot sooner than you otherwise would be,” Walton re-called. “I was helping teach at a middle school, and did not know After law school, Walton worked from 2005-06 with the liti-how little girls fought with each other.” gation practice of Nelson Mullins Riley & Scarborough in Char- lotte. He joined the finance practice of Mayer Brown’s Charlotte “They don’t throw punches—they grab each other’s hair and office in 2006 and resumed bar service soon thereafter as thedon’t let go.” ABA YLD’s liaison to the Standing Committee on Armed Forces Law from 2007-11. Walton switched over to UNC’s computer science programand was awarded an FBI Honors Internship in the summer of In 2008, Walton began service as a leader in the NCBA YLD as1999 in Washington, D.C., where he focused on technology is-sues in the Criminal Investigation Division. “I wanted to go to law school after that, and applied whenI graduated in December of 1999, but I got a job offer from thegovernment focused on global cyber security issues,” Waltonsaid. “That was tough to pass up.” He worked as a civilian project manager and cyber secu-rity analyst for the government, until beginning law school atGeorgetown University Law Center in 2002. While at Georgetown, Walton also served as a White Houseintern in 2003 on the Vice President’s Homeland Security stafffocusing on infrastructure protection issues. He completed lawschool in 2005 and returned to North Carolina. Walton practices as counsel with the law firm of AlexanderRicks PLLC in Charlotte. Until October 2012, he served as anAssistant Attorney General with the North Carolina Departmentof Justice and was designated as a Special Assistant United StatesAttorney in the Western and Middle Districts of North Carolina. He also serves as an adjunct professor at the CharlotteSchool of Law where he authored a course on cybercrime forupper level students. “As far as I know, it was the first of its kindin area law schools,” Walton said. Since the inception of his legal career, Walton has volun-teered significant time to bar associations at the local, state andnational levels. He is the chair-elect of the NCBA YLD and 13North Carolina Lawyer May 2013

Young Lawyers Division www.ncbar.orgits Wills for Heroes Committee co-chair along with Susan Finch. was eerie driving home once we finally returned. I only lived a Wills for Heroes provides free essential estate planning half mile south of the Pentagon.”documents including wills and powers of attorney to first re- Walton left Mayer Brown in 2009 to join the Mecklenburgsponders. The Wills for Heroes Foundation was established by County District Attorney’s Office in Charlotte. He continued toattorneys Anthony Hayes of South Carolina and Jeff Jacobson of serve both the ABA and the NCBA during that time, serving inArizona after the Sept. 11, 2001 terrorist attacks. The foundation nearly every office in the NCBA YLD since 2008, and serving outworks to assist first responders across the country in a number the term of the ABA YLD District 9 Representative in 2009-10.of ways, including providing free estate planning documents andother financial assistance programs. He received the NCBA’s Pro Bono Younger Lawyer of the Year in 2010. Working closely with Wills for Heroes co-founders, in theN.C. program’s first year, Walton and Finch planned six events The ABA YLD Outstanding Young Lawyer Award recogniz-statewide and provided over 1,500 first responders and their es an ABA young lawyer in good standing who exhibits: profes-spouses or partners with free estate planning services. sional excellence; service to the profession and the bar; service to the community; and/or a reputation for or the advancement Walton received Mayer Brown’s 2008 U.S. Transactional Pro of legal ethics and professional responsibility.Bono Matter of the Year for planning one of the first such eventsin his hometown of Salisbury, and also received a commenda- Walton received the honor during the 2013 ABA Midyeartion from the Winston-Salem Police and Fire Departments for Meeting in Dallas.co-planning an event where 70 volunteers provided legal ser-vices to over 420 individuals, one of the largest single Wills for “They emailed me first and it was one of those things whereHeroes events ever held. I was like, ‘really, I won?’ I was shocked for a while because I kind of assumed it would go to people from larger firms, plus He was working out of the Washington, D.C., area for the there are so many young lawyers I know around the country ingovernment on 9/11, but was not in Washington at the time. all areas of practice doing really great things. I was flattered that they picked me.” “I was in Omaha, Nebraska, at what used to be the StrategicAir Command,” Walton said. “I was on base for a class; we were Supporters of Walton’s nomination included Anne Tomp-meeting with all of the people who were in charge of the intel- kins, U.S. Attorney for the Western District of N.C.ligence planes and other things that fly out of Offutt Air ForceBase.” “In short,” Tompkins writes, “it would be difficult to name another young attorney in our local bar who has done so much “That’s when it happened. My group wound up having to to promote the highest attributes of the legal profession.”take a bus back to D.C. since all of the flights were grounded. It The same too may now be said in regard to Walton’s efforts on the national level. NCLDispute Resolution SectionHonors Professor George K.Walker With Peace AwardThe Peace Award for 2013 was presented at the February From left to right: Frank Laney, Phyllis Walker, Professor22, 2013 DR Section Annual meeting to Professor George K. George K. WalkerWalker of Wake Forest Law School. He was recognized for hisrole in expanding the use of arbitration in our state as well as na-tionally. He was one of the drafters of the statute and rules for thestate district court non-binding arbitration in 1987. He aided thefamily law section in developing the Family Law Arbitration Actand nationally the Model Family Law Arbitration Act. He helpedcraft the North Carolina Arbitrator Rules of Ethics. He has alsoplayed a leading role in developing new and updated rules forinternational arbitration, both for the state and internationally.\"He has had his hand in every project to expand and advancearbitration in our state for almost 30 years\", said Frank Laney,co-chair of the Nominations Committee. NCL 14North Carolina Lawyer May 2013

Judicial Standards Commission www.ncbar.orgJudicial Standards Commission @ 40Members Define Public Service, Perform Thankless JobDon’t expect a lot of fanfare this year in viewed the complaints, ordered the investiga- N.C. Judicial Standardsconjunction with 40th anniversary of the tions, and determined whether to file charges, Commission Membersformation of the North Carolina Judicial also conducted the evidentiary hearings. NowStandards Commission. we have a bifurcated system where one panel Judge Members will review the complaint, order the investiga- John C. Martin, Chairman That’s not how the commission rolls. tion, decide whether or not to file charges or Court of Appeals, Raleigh Instead, expect the commission to quietly institute discipline. If they do, then the othergo about its business of “reviewing complaints panel will conduct the hearing. So it definitely Cy A. Grant, Vice-Chairmanof misconduct by judges, investigating those enhances the due process qualities of our pro- Superior Court, Windsorcomplaints where appropriate, and initiating ceedings, and that’s been a huge change.”disciplinary proceedings where probable cause Tanya T. Wallace,of misconduct is found,” states Paul Ross, who The commission averages 1.2 hearings a Vice-Chairmanhas served as executive director of the commis- year, but by no means does that mean the rest Superior Court, Rockinghamsion for 10 years. of the complaints are dismissed. There are oth- The commission, chaired by Chief Judge er measures the commission can take. Rebecca W. BlackmoreJohn C. Martin of the N.C. Court of Appeals, District Court, Wilmingtonfields approximately 300 complaints a year. “Prior to 2007,” Ross said, “the only thing “Complaints come from everybody,” that was available to the commission to ad- Alexander LyerlyRoss explains. “The vast majority come from dress misconduct was to file charges, conduct District Court, Newlandlitigants who didn’t necessarily have things a hearing, and then make a recommendationgo their way in the courtroom, and therefore to the Supreme Court for either the censure or Attorney Membersusually are unfounded. removal of the judge. Edward T. Hinson Jr., Charlotte “The majority of the complaints thatare filed with us are dismissed because they “The commission would send a private let- L.P. Hornthal Jr., Elizabeth Cityare based on a disagreement with the judge’s ter of caution, but it wasn’t official discipline.ruling. That’s not a conduct issue; that’s a legal With the changes to our statute, private letters Fred H. Moody Jr., Bryson Cityissue for the appellate courts. of caution became official discipline. The legis- “We’re not in the business of second- lature also authorized the commission to issue William H. Jones Jr., Ahoskieguessing the judges as far as their rulings and public reprimands which, upon acceptance byjudgments. We’re primarily concerned with the judge, take the place of a hearing and the Citizen Membersconduct, inappropriate relationships, ex parte Art B. Schools Jr., Emerald Islecommunications, demeanor, decorum andextra-judicial activities that reflect on the judge’s Gregory H. Greene, Lexingtonintegrity, independence and impartiality.” Ross has witnessed significant changes R. Wayne Troutman, Concordsince leaving private practice in Henderson,where he still lives, in 2003. Lorraine G. Stephens, Raleigh “When I began,” Ross said, “the commis-sion was comprised of seven members: oneappellate judge, one Superior Court judge, oneDistrict Court judge, two attorneys and twolaypeople. In 2006, Judge Martin proposedlegislation to expand the commission to 13members and add a staff counsel and inves-tigator. The legislature passed the legislation,enabling the commission to move to two panels. “Before the change, the same panel that re- 15 North Carolina Lawyer May 2013

Judicial Standards Commission www.ncbar.orgThe North Carolina Judicial Standards Commission involvement of the Supreme Court.was created in 1973 by virtue of an amendment to “That legislation also added the sanction of a suspension withoutArticle IV, Section 17 of the Constitution of NorthCarolina and the enactment of Article 30 of Chapter pay as a disciplinary tool for the Supreme Court to employ following a7A of the General Statutes. The purpose of the recommendation from the commission after a hearing. So we went fromCommission has been repeatedly stated by the three arrows in the quiver, one being unofficial, to five official arrowsSupreme Court, but was first voiced by Justice Exum that are tools that can be utilized to address inappropriate conduct.”in In re Crutchfield, 289 N.C. 597, 602, 223 S.E.2d822, 825 (1975): Another substantial change impacting the work of the commis- sion is social media. “[A proceeding before the Judicial Standards Commission] is neither criminal nor civil in “There was no such thing as Facebook or Twitter 10 years ago,” nature. It is an inquiry into the conduct of a Ross said. “When I started in 2003 there was a pending disciplinary judicial officer, the purpose of which is not hearing scheduled that dealt with demeanor and decorum issues by a primarily to punish any individual but to main- judge in the courtroom. That and ex parte communications were some tain due and proper administration of justice in of the issues the commission was addressing at the time, and we still our State's courts, public confidence in its judicial address those same issues on a regular basis. system, and the honor and integrity of its judges.” “The increased use of social media tends to invade many aspectsThe Commission exists as the appropriate agency of judges’ activities. It deals with personal and professional conduct“for the investigation and resolution of inquiries and how the public perceives their integrity through the things theyconcerning the qualifications or conduct of any justice post. Social media and the Internet in general also make it easy foror judge of the General Court of Justice.” N.C.G.S. judges to conduct investigations into people’s backgrounds, and im-§7A-374.1. It receives and investigates complaints of properly research disputed facts outside of court.judicial misconduct or disability, institutes disciplin-ary proceedings, conducts hearings, and recommends “Judges are required to make their decisions based upon testi-appropriate disciplinary action to the North Carolina mony entered in the courtroom. They can’t go outside of the record;Supreme Court or the North Carolina Court of however, there is sometimes an urge to look online to see what youAppeals. The Commission itself can neither can see about people, sometimes intentionally and sometimes not.censure nor remove. It functions to aid in determin- You may just stumble across something. So judges really have to being whether a justice or judge is unfit or unsuitable, diligent to restrict their activity and their use of social media becauseand it is for the court to actually assess the disciplin- it may impact their work.”ary sanctions provided in N.C.G.S. §7A-376. In reNowell, 293 N.C. 235, 237 S.E.2d 246 (1977). On the other hand, it’s difficult for judges in North Carolina to ignore the power of social media. The Commission also provides formal advisoryopinions to judges and justices in response to “Because judges are elected,” Ross said, “it is a great and neces-written requests. The executive director and sary medium to utilize as part of the electoral process. There are manyCommission counsel provide informal advisory competing interests for our judges when it comes to social media. Vig-opinions upon request and participate in new judge ilance is necessary when considering the use of social media.”training and continuing judicial education. Something else that has come about in recent years is the North The membership of the Commission consists of Carolina Bar Association’s judicial performance evaluation initiative,one Court of Appeals judge, who serves as the chair- utilized for the first time in conjunction with the 2012 election. Rossperson, two superior court judges, and two district said that while commission members are certainly aware of its exis-court judges, each appointed by the Chief Justice of tence, the ratings of trial court judges have little impact on the com-the Supreme Court; four members of the Bar, elected mission’s work.by the Council of The North Carolina State Bar; andfour citizens who are neither judges, active or retired, “Obviously we look at the evaluations,” Ross said, “because theynor attorneys, two appointed by the Governor, one give some insight into whether there is an ongoing problem, but theyappointed by the Speaker of the North Carolina are not a tool that we utilize on a regular basis. It’s information but it’sHouse of Representatives and one appointed by the not something that we pay a lot of attention to because we’re not soPresident Pro Tempore of the North Carolina Senate. much looking at the overall competence of the judge. Most judges are elected officials and it is not our role to supplant the electorate.Introduction, 2012 Annual Report,N.C. Judicial Standards Commission “We are addressing specific allegations of incidences of miscon- duct. That’s our focus.” Ross hailed the work of the commission members, who travel from all parts of the state to perform a valuable service. “One panel or the other meets every month, typically on the sec- ond Friday,” Ross said. “On occasion our regular meetings are con- ducted by conference call if we have a short agenda, because our mem- bers come from all over: Bryson City, Banner Elk, Ahoskie, Charlotte, 16 North Carolina Lawyer May 2013

Judicial Standards Commission www.ncbar.orgConcord, Emerald Isle. judicial conduct and advising judges how to stay out of trouble. “Commission members receive expense reimbursement and “He has been superb at that. While both of us are on calla small per diem, but they are not compensated. It’s a pretty thank- 24/7 to take calls from judges, Paul does the lion’s share of that.less job. Our members really fit the definition of public servants.” He teaches at the new judges’ schools and the judicial confer- ences, and it’s always about some aspect of the Code of Judicial “Most lawyers know that there is a Judicial Standards Com- Conduct. Judges don’t want to be in violation of the code, and wemission,” Martin added, “but I don’t think they know a lot about encourage them to ask for help and advice.”it. It may sound like we get a lot of complaints, but when youconsider the number of judges we have and the number of cases Ross is a graduate of N.C. State University and the Campbellthey dispose of, the number of meritorious complaints is ex- University School of Law.tremely small. “I came from a general practice background,” Ross said, “We have, in my opinion, a high quality bench in North “in the Ninth Judicial District, which includes Vance, Gran-Carolina.” ville, Franklin and Warren counties. I have done many different things, but I think what has helped as much as anything is my Especially, Martin added, when compared to other states. alternative dispute resolution background—listening and talk- “We don’t have some of the major issues that some of the ing to people who are in conflict.disciplinary commissions in other states have. I think that is atestament to the quality of the bench in North Carolina.” “Whether a complaint alleges actual misconduct or not, we One reason for that is the attention now being placed on have a responsibility to the public to review their complaints,education. investigate and pursue discipline where appropriate, and to steer “The commission has really changed its focus,” Martin said. them in the right direction if we are not the correct entity to ad-“That change began before Paul got here, but certainly since he dress their complaint.has been here, the focus has been more on educating judges about “I believe in the public service that we fulfill.” NCLAWARDS ACROSS THE BAR Styers of Raleigh, Craigie Sanders of the Research Triangle Park, Sharon Thompson of Durham and Leigh Wilkinson of New Bern.2013 GP HALL OF FAME INDUCTEES The NCBA Citizen Lawyer Award was established in 2007 toSix outstanding lawyers will be inducted into the North recognize lawyers who provide exemplary public service to theirCarolina Bar Association’s General Practice Hall of Fame on communities. Honorees include elected and appointed govern-Thursday evening, June 20, at the 115th NCBA Annual Meeting ment officials, coaches, mentors and voluntary leaders of non-in Asheville. profit, civic and community organizations. Attorneys comprising the 2013 induction class are Thomas 2013 PRO BONO AWARDSHansley “Tommy” Morris of Kinston; John S. “Jack” Stevens ofAsheville; Allen G. Thomas of Wilson; Diane A. “Dee” Wallis Three attorneys, two law firms and one law student groupof Raleigh; Thomas H. “Tom” Wellman of Roanoke Rapids; and have been selected as recipients of the North Carolina Bar Asso-Charles R. Young Sr. of Hickory. ciation’s 2013 Pro Bono Awards. The recipients were chosen by members of the Pro Bono Activities Committee and will be recog- The Hall of Fame, sponsored by the NCBA’s Solo, Small Firm & nized during the 2013 NCBA Annual Meeting in Asheville.General Practice Section, was established in 1989. This year’s induc-tion class brings membership in the Hall of Fame to 142 attorneys. The award winners are: Charles Holton (William Thorp Award); Larry Nestler (Deborah Greenblatt Award); Jennifer Ly-2013 CITIZEN LAWYER AWARDS day (Younger Lawyer Pro Bono Award); Kilpatrick Townsend & Stockton (Larger Firm Award); Chitwood & Fairbairn (SmallerThe North Carolina Bar Association, in conjunction with Firm Award); and the Wake Forest University School of Law’sthe Citizen Lawyer Committee, will present the Citizen Lawyer Guardian ad Litem Project (Law Student Group Award).Award to 13 exemplary attorneys at the 2013 NCBA AnnualMeeting in Asheville. With the exception of the Younger Lawyer Pro Bono Award, the awards will be presented on Friday, June 21, during the Presi- Janet Ward Black and Gerald Walden of Greensboro, R. dent’s Luncheon. The younger lawyer honor will be presentedLee Farmer of Yanceyville, Will Graebe of Cary, Judge Robert C. during the Young Lawyers Division’s Annual Meeting luncheonHunter of Marion, Charles Ingram of Kenansville, Craig Lynch on Saturday, June 22. NCLand Valecia McDowell of Charlotte, Lacy Presnell III and Gray 17North Carolina Lawyer May 2013

Bricks & Mortar:Buncombe CountyBy Anne Roth StricklandThe Buncombe County Courthouse’s edgy lines and cies to move out in order to make space for new courtrooms inangles are easily recognized in the rolling Appalachian skyline. the original building. Only two courtrooms were in service atThe county’s fifth courthouse stands tall amongst a fair amount that point, a Superior Court and a County Court—Buncombeof modern architecture, and is seemingly uninfluenced by the needed a number more, so they made use of the space that be-general Art Deco persuasion that follows you around Asheville’s came available to them.downtown district. The one thing that remains nearly the same is the grand in- What you would never know by sight is that the building terior lobby, from which visitors now exit the building. The mainwas destined to follow the Art Deco design of its peers, complete entrance is currently located at the side of the building whichwith a grand rotunda, until County Commissioners elected to allows for modern security measures, but also keeps the criminalbuild this grand Neo-Classical Revival-style building against the courtrooms isolated on the sub-basement level.original plans of their architect, Douglas Ellington. A Milburndesign was favored, and what they wound up with can only be Nonetheless, visitors of the courthouse are still taken abackdescribed as a masterpiece. by the glamour of the original design. “The interior lobby con- tains a sweeping marble staircase, bronze and glass screens, a cof- The building was originally home to many county offices, fered ceiling with ornate plasterwork and a mosaic tile floor thatincluding the County Administration—Tax and Assessors, Com- echoes the ceiling tones. The lobby is one of the best-preservedmissioners offices, Department of Revenue, Register of Deeds, and most elegant Neo-Classical interiors in the state.”1 When itClerk of the Court, Probation, Health Department, Farm Bureau, was built, it was also the largest government building in the state.Sherriff ’s Offices, County Jail, Law Library, Post Office and Com-munity Grill. The building even boasted a shooting range, served The captivating coffered plaster ceilings were likened toas a hub for local politics and Boy Scout ceremonies, and was those of the Sistene Chapel after a local collaborative of collegiatehome to a fallout shelter designed to accommodate 1,600 people. art students spent nearly two years on scaffolding using a care- fully taught technique using gold leaf so that each square would The 1970 Court Reform prompted what may have been the look the same. The bronze surrounds reflect the light into eachbiggest change in the building’s lifespan, prompting many agen- square, illuminating the space in a rose-colored tone. 18 North Carolina Lawyer May 2013

Bricks & Mortar www.ncbar.org The fossilized marble Left, hand-painted coffered ceilings in the courthouse’sshines, offering a history les- main lobby reflect light, thanks to the work of ason if one takes the time to collaborative of collegiate artists.look at the critters, shells andother treasures immortalized Above, the Buncombe County Superior Courtroom,in its smooth finish. Each located on the fifth floor, is the crown jewel of the facilitymarble square has been pre- and still in use 85 years later.served since the building waserected—if growth forced the the tone of the marble baseboards, and beautiful woodwork thatmarble to come down, it was comes close to matching the original design. The rear exteriorcarefully removed and stored wall lends its exposed brick to the first interior wall of the court-until it could be reused some- house expansion. This growth spurt comes in the form of a newwhere else. Justice Center that will house the district courts and connect di- rectly to the county jail. The new elevator tower, called the “Life Despite the shimmer- Tower,” is just the beginning. It operates without its own Emma,ing bronze and marble of the but will unite the facilities in the near future just the same. Themain lobby, the crown jewel original elevators are destined for judges and court personnel inof the building truly is the Su- the near future.perior Courtroom on the fifthfloor. The same effort and de- The building remains a structure built for the people by thetail that make the lobby shine people, and growth is welcome in the mountain town. “Whenis only magnified in grand the new courthouse is completed, our campus will be complete,space. The courtroom reflects and we will be able to administer justice without delay to thea level of craftsmanship that citizens of Buncombe County and Western North Carolina foryou just don’t see everyday. the foreseeable future,” remarks Judge Lewis. NCL“Most people have never seenanything quite like it. A lot of jurors, arriving for the first time, 1 D.H. Ramsey Library, Special Collections, University of North Carolina at Ashevillespend the first 10 minutes with us looking up, looking around, just //heritagewnc.org/buildings/buncombe_county_courthouse_old.htmtaking it all in,” says Resident Judge Marvin Pope. The original footprint of the courthouse has not changedmuch over the years. The Buncombe County Jail was the first ofthe expansion, built in 1994 despite a lack of voter confidence inthe new jail referendum. Former Resident Superior Court JudgeRobert D. “Bob” Lewis recalls that the people “thought we had afine jail upstairs—why would we build a new one?” The trouble started when the jail, originally on floors 11through 15, began to fail inspections. In the event of a fire, theback stairway would act as a chimney, so doors and a fan wereadded as temporary measures. More importantly, the buildinglacked sufficient modern fire escapes. Ironically, the jail failedinspection because it was inescapable. The existing space wasrenovated, and now houses probation. With the exception of the old jail, each floor is unified with anidentical grand lobby, complete with original tile mosaic floors andthree bronze elevators, hand operated, one of which courthouseveterans fondly call “Emma’s Elevator.” Elevator operator Emmahad a way of knowing just about everything there was to knowabout each day. In the hustle and bustle of the courthouse, JudgeLewis says “you could start a story on the first floor, and by the timeyou got to the top, the whole building would know your news.” Theelevators are not currently operational, but boast the original dialsthat indicated the car’s position with the sweep of an arrow above. Traveling through the courthouse, you can see subtle hintsthat change is coming—a slight change in wall texture, a shift in 19North Carolina Lawyer May 2013

Technology & The Law www.ncbar.org UnderstandingLinkedIn EndorsementsBy Erik Mazzone As you view the endorsements and enjoy a flood of endor-It happened for the first time a few months ago, and it felt good. phins while channeling your best Sally Field moment (“you like me, right now, you like me!”) all you need to do is review the list “Steve has endorsed you!” of skills and click “Add to profile” and you’re done. Seeing that prompt in my inbox sent me scurrying overto LinkedIn.com (no doubt, exactly as it is intended to do) to You are then shown a second screen.check it out. Sure enough, there on my profile page was my first This second screen is the call to action that deep down youLinkedIn endorsement. It was from Steve and he endorsed me knew would follow. The endorphins stop. Your brain recallsfor public speaking. there is no such thing as a free lunch. You try to remember the The next few were similar. They rolled in and I was pleased Mitt Romney quote about ganders and sauce.to see them added to my LinkedIn profile under the heading “Now it’s your turn” you are instructed by the second win-“Skills & Experience.” It was great having these tiny bits of posi- dow. “Endorse your connections.”tive feedback arrive unbidden and unexpected and be displayed It is a command issued with roughly the same intonation ason my LinkedIn profile—the de facto resume of the digital age. “show us your papers.” (Nazi accent optional.) You briefly con- That’s when it started to get a little weird. sider not endorsing anyone but having been the recipient of so “Jane has endorsed you!” the message said. When I clicked much largesse, that just feels wrong.on my profile, Jane’s endorsement was for—of all things—IP liti- You start clicking whatever LinkedIn puts in front of you.gation. Now, I like to think I have a decently broad set of skills,but even my mom wouldn’t hire me for IP litigation. It didn’t stop. Endorsements continued to arrive in a vari-ety of inappropriate arenas. Bryan endorsed me for animal hus-bandry. Carl endorsed me automotive repair. Leah has endorsedme for nuclear fission. After basking in the unearned glow of these endorsementsfor an indecently long interval (“maybe I would be good at ca-nine acupuncture…”) I finally decided to see what was going onwith these LinkedIn endorsements. Here’s what I found out.What are Endorsements? Endorsements are LinkedIn’sanswer to Facebook’s “Like” button. They are a simple, one-clickway for your connections to say, “she’s pretty good at X.” There’s no order of magnitude involved, all endorsementsare of equal weight. It’s a simple, binary factor—either you havereceived an endorsement for a given skill or you have not. Onceyou have received an endorsement, you can choose whether todisplay it on your LinkedIn profile.How do you get Endorsed? When you log into LinkedIn,you will frequently be confronted with two messages. The firstshows all the people who have endorsed you and for what skillssince your previous log in. 20North Carolina Lawyer May 2013

Tecnology & The Law www.ncbar.orgHow do you get Endorsed for Faith Propels Gallimorethe right things? The first step ingetting endorsed for the right skills is to By Chanel Davisfill out the “Skills & Expertise” portion High Point Enterpriseof your profile. When you add skills toyour profile, LinkedIn will use those A few blocks and a YMCA is all that sepa-skills when it poses a question to your rated Kim Gallimore from Monday’s tragedyconnections: does Erik know about X? that left Downtown Boston a bloody stain in U.S. history. If you don’t fill out the skills por- “I was gone from the finish line, so Ition of your profile, LinkedIn will au- wasn’t around it but I talked to many of thetomatically proffer irrelevant, amusing runners that were there. I talked to a fellow atand occasionally embarrassing skills the airport who was in a tent changing closefor your connections to consider. Since to the finish line. He said he heard a loudthe skills proffered to your connections blast and the tent shook,” Gallimore said.seem like you might want to be en- The High Point-based real estate lawyerdorsed for these desultory activities— at Wyatt Early Harris Wheeler finished theand in short order you will without a race at 2:11 p.m., just 45 minutes before thedoubt actually be endorsed for them bombs exploded.by well-meaning connections—your “This is the kind of thing that we alwaystimely attention to adding your actual knew could happen but never thought wouldskills is advised. actually happen,” Gallimore said. Gallimore has received numerous phone Filling out the skills doesn’t com- calls, emails and text messages from friends Kim Gallimore, pictured abovepletely stop LinkedIn’s off-topic skill and family checking on him. from a previous marathon,suggestion, though it does vastly im-prove it. The second step is to delete “I have gotten lots of emails and text mes- finished this year’s Bostonany endorsements you receive that are sages from home,” he said. “I tried to call im- Marathon shortly beforefor skills you don’t want to feature. The mediately when I realized it happened. I was tragedy struck.simplest and easiest way to do this is not even aware that it had happened at first.”to simply click the gray “X” in the top This was Gallimore’s 21st time as a runner in the Boston Marathon and his 111thright corner of each topic in the first marathon.screen. “For me and a lot of us, today was a good day—or at least it started out that way. We had gotten the qualifying time to come here and do something that we enjoy. It The third and final step is to moni- ended up to be tragic day for all of us,” Gallimore said.tor and manage your profile. You can Gallimore, a religious man, said that his first thoughts after learning of the bombsdo this by clicking on “Edit Profile” and were for those who had been affected and their loved ones.scrolling down to the Skills section, “As a person of faith, I started the day just trusting God to help me get throughwhere you click “Manage Endorse- the marathon and I have ended the day trusting him to save my life,” he said. “I thinkments.” There you can choose which it will be a game changer for marathons. This was the kind of thing that was our worstendorsement topics to delete or not nightmare but until now this was something that we see in a television show.”display them on your profile at all. Gallimore was returning to High Point Monday evening. “As a person of faith, I believe that God is in control it just takes a lot more faithConclusion All in all, LinkedIn en- to believe it on days like this,” he said. NCLdorsements are worth the minor head-aches they bring with them. It is an The preceding story appeared originally in the High Point Enterprise on Tuesday, Aprileasy way to demonstrate to your con- 16, one day after the Boston Marathon bombing tragedy, and is reprinted here withnections that you value their skills and permission from the High Point Enterprise and writer Chanel Davis. Kim Gallimore is aat the same time, display the skills that former member of the NCBA Board of Governors and previous recipient of the Citizenyour connections value in you. NCL Lawyer Award.Erik Mazzone serves asdirector of the NCBA’s Centerfor Practice Management. 21 North Carolina Lawyer May 2013

NCBA Annual Meeting www.ncbar.orgBig-Time Panel Talks Big-Time AthleticsAt first glance, one might not consider a barmeeting the most logical venue for a panel dis-cussion on “Big-Time University Athletics: TheChanging Landscape.”Upon further review, as modern-day footballofficials say before relaying the verdict from the re-play booth, it makes perfect sense, given that law-yers have never played a more prominent role incollege athletics.But where does one look to assemble such apanel? The North Carolina Bar Association, whentasked with presenting such a program for theSouthern Conference of Bar Presidents, lookedwithin, calling upon the expertise and experienceof three distinguished members.The success of that presentation was so re- From left, Judge Robert Conrad, and panelists Todd Turner,sounding that an encore performance featuring Charles Clotfelter, Robert Orr, Roscoe Howard and Tom Ross.the same “players” was booked immediately forthe 2013 NCBA Annual Meeting in Asheville.Starting at the moderator position is Judge Vanderbilt University and the University of Washington; Roscoe Howard, who practices law in Washington, D.C., withRobert Conrad, who currently serves as chief U.S. District Courtjudge for the Western District of N.C. In a former life, he was an Andrews Kurth and serves on the NCAA Division I CommitteeAcademic All-American point guard at Clemson University. on Infractions; and Charles Clotfelter, the Z. Smith Reynolds Professor of PublicHe is joined by two past NCBA vice presidents, former N.C.Supreme Court Justice Robert Orr, whose current practice with Policy Studies and Professor of Economics and Law at Duke Uni-Poyner Spruill focuses on sports litigation, and Tom Ross, who versity and the author of “Big-Time Sports in American Universi-currently serves as president of the 17-campus University of North ties.”Carolina system. Needless to say, this team has all the bases covered, and thenThe starting lineup is rounded out by three bona fide ringers: some.North Carolina-native Todd Turner, founder and president of The encore performance of “Big-Time University Athletics: TheCollegiate Sports Associates, who previously served as director of Changing Landscape” will take place on Saturday morning, June 22,athletics at the University of Connecticut, N.C. State University, during the NCBA Annual Meeting’s second General Session. NCL Landex Research, Inc. PROBATE RESEARCHMissing & Unknown Heirs Located with No Expense to the Estate Domestic & International Services for:Courts, Administrators, Lawyers, Executors, Trust Officers 1345 Wiley Road, Suite 121, Schaumburg, Illinois 60173 Phone: 800-844-6778 Fax: 800-946-6990 www.landexresearch.com 22 North Carolina Lawyer May 2013

Media & The Law www.ncbar.orgWinning Media And The Law Entry Devoted To Wilson Attorney And A Family’s LegacyBy Jon Jimison Attorney Allen Thomas, at rest.It was a victory for Allen Thomas. A rather stunning one. But (Photo by Gray Whitley, The Wilson Times)not the kind that will be a part of his legacy. Media and the Law Awards But it’s singed in his memory. He learned from it. Humilitywas one of the lessons. And it helps fuel his passion to this day. The accompanying profile of Allen Thomas, abridged for publication in North Carolina Lawyer and written by Jon Jimison, It was one of Thomas’ first cases before a jury. He was de- editor of The Wilson Times, was judged as the Best Dailyfending a man charged with robbery. When he asked the alleged Newspaper Article by the NCBA Communications Committee.victim, an elderly woman who supposedly had money stolen from The Charlotte Observer prevailed in the category of Best Seriesher garter belt, if she had been drinking that day, she admitted yes, for its coverage of legal issues surrounding the 2012 Democraticat least two cups of pot liquor in 10 minutes. But she denied she National Convention in Charlotte. The series was edited bywas impaired. Doug Miller and written by Steve Harrison, April Bethea, Cleve R. Wootson Jr., Steve Lyttle, Ely Portillo and Gary L. Wright. NCBA The jury, mostly clad in overalls in those days, clung to President Mike Wells presented the awards in March at the winterThomas’ every word. institute of the N.C. Press Association. The NCBA Media and the Law Awards were established in 1989. “They were all nodding at me so and smiling so I thought Ihad them,” Thomas said. “She had to be drunk.” His confidence soared. His argument was solid, he thought.This woman was a drunk and a liar. So Thomas, in his 20s at thetime, opted against putting his defendant on the stand. “The jury went out and a deputy walked over and said, ‘Son,do you know what pot liquor is?’ I said, ‘Yes, it’s bootleg.’ He said,‘No, it’s turnip juice. It has nothing to do with alcohol.’” Thomas’ heart sank. But the jury came back in five minutes with a not guilty ver-dict anyway. Thomas had won. Somehow. “There is no question in my mind that jury felt like that per-son was represented by someone who was incompetent, and theonly person who could protect them was the jury,” Thomas said. “Istayed away from the courthouse for 60 days. I didn’t want anyoneto see me or know me.”50 Years Later • What a difference five decadescan make. Today, Thomas’ name stands out in the legal professionin Wilson County. He has started and built one of the largest lawfirms in the county. And his name has a ring of intimidation forsome, which isn’t a particularly bad thing for a lawyer. But for Thomas, it’s all about family. In fact, his law firm isfamily, all of them, or close to it. The vast majority of the sevenother partners in the Thomas & Farris firm are relatives. Otherfamily members help run the firm. “That’s the most important thing to me in the world, my fam-ily,” said Thomas, a Wilson native of Lebanese descent who haswatched Wilson sprout up from a largely rural tobacco commu-nity to a municipality of nearly 50,000.Continued page 24 23North Carolina Lawyer May 2013

Media & The Law www.ncbar.org But for Thomas, a collision of charisma, passion and competi- Life Today • Allen Thomas makes it clear: His first lovetive street smarts, it’s also about the relationships he’s built up overa long career in law. is the courtroom. “In the early years of my practice until 2000, I was in court Attorney Jim Rogerson Sr. said Thomas just sort of sneaks upon you. “He knows how to get to the heart of the problem,” Roger- constantly—personal injury, criminal cases, civil cases, anythingson said. “He has that sort of mentality, a bull-doggish personality.” that put me in the courtroom,” Thomas said. “That’s my first pas- sion. I enjoy it. With the younger group coming up under me, Thomas has a reputation that precedes him, one that’s differ- while I still go to court and try all kinds of cases, I’m in there lessent depending upon who you ask, but it’s generally consistent with and less.”getting things done. Practicing in a small town also presents challenges for “A lot of the attorneys in town refer to Allen as ‘The God- Thomas as so many people know one another.father’—in the positive way,” said local attorney Thomas Rhodes.“He is competitive everywhere, but not brutally so.” “You try enough cases and there are people who will not be enamored by you.” “He’s not a great big guy but was always active in sports,” at-torney Robert Farris Jr. said of the not quite 5-foot-10 Thomas. But if you eliminate everyone you know from potentially rep- resenting, it could be bad for business. Thomas’ competitive nature served him well whether playingbasketball, football or baseball or fighting it out in the courtroom. “In a small town they may have broken into a building of aHe once spent two weeks in the hospital when his nose was busted friend of mine, and if I turn around and say I won’t take that case,with a baseball bat in his youth prior to a game. It was an accident. and then another one has given a worthless check to a friend of mine, you’ll eventually go out of business. There are times you just Still, there’s no cartilage left following a series of sports injuries. have to take cases. They may not be the ones you want, but they “Even at 74 years old, he wouldn’t wait for the first guy to take are there.”the swing.” Farris Jr. said jokingly. “He understands people, and he is passionate about securing Even if you end up suing local government, which Thomaswhat they secure,” Farris Jr. said in a more serious tone. “He has is currently doing along with the Narron and Holdford firm, youdone a wonderful job throughout his career.” can’t worry about being popular in cases such as these, he said.History • Thomas’ first job after graduating from law “If you start taking cases and you discuss settlement, and they don’t reach a level that you think they should be and you don’t goschool at the University of North Carolina at Chapel Hill was as an to court because it’s the county, then you should have never beenattorney with his uncle, legendary Wilson lawyer Robert A. Farris involved in it to begin with it. If you are going to take a case, yourSr., who was a sole practitioner at the time but went on to eventu- duty is to your client, and if you are going to sit there and worryally form the Farris & Farris law firm. about whether you are going to be popular if I take this case, then you better get out of the practice of law.” After working with Farris for 22 years—from 1961 to 1983—Thomas struck out on his own, but his admiration for the late Tragedy and Love • Thomas’ first wife, Marie,Farris shines brightly to this day. died of cancer in 1976. They had been married 13 years and dated “He was an absolutely brilliant lawyer,” Thomas said. for the previous nine. His children were ages 8, 10 and 11 at the In 1983, Thomas and cousin Charles Farris founded what’s time of her death, a devastating loss for everyone.now the Thomas & Farris law firm in a building that used to housea theater. They started out with concrete floors, and Thomas had “She had cancer for three years,” Thomas said. “It took a lotfive children at the time. Money was scarce in those days. of the children’s childhood away to lose a mom at that early age.” “It was a huge risk,” he said. “But I felt like it was time to be onmy own. We had a bare, bare office.” Marie’s cancer started out as breast cancer, eventually metas- Today, the offices aren’t fancy. They sport blue walls, a law li- tasized to her brain and then all parts of her body the last year andbrary and artwork. a half. They fought it, but she eventually lost her long battle. It’s still very much family and friends at the law firm today. And all of them are partners: cousin Charles P. Farris Jr., daugh- Thomas later married Lynette, who had two children from ater Page Thomas Smith and her husband, Eliot Smith; brother Al- previous marriage and was a school teacher from Washington, N.C.bert Thomas Jr.; son Tartt B. Thomas; stepson Mark Silverthorne;family friend Julie Turner Williams; and Kurt D. Schmidt who is not “All five children—there was an adjustment there,” Thomasa relative but has worked with Thomas for 35 years. said. “Each one of them pitched in. And Lynette pitched in and Even family members who are not attorneys work at the firm: stepped into a situation that not a lot of people would.”son Allen Thomas Jr., sister-in-law Georgia Thomas, and last butcertainly not least, his wife, Lynette. The two had their hands full with a law firm to run and five “We help each other,” Allen Thomas said. “There is no compe- children. In fact, at one point they had five children in college attition within this firm at all.” the same time. Today, Allen and Lynette Thomas have been married for 33 years. “Lynette deserves a tremendous amount of credit,” Thomas said. “She was a real hero.” 24North Carolina Lawyer May 2013

Media & The Law www.ncbar.orgFamily Ties • Thomas was one of five children born law and family, which still makes it an absolute pleasure. “A lawyer who runs on ego is going to fall flat on his face. Ito the late Albert S. and Lena Farris Thomas. They were both ofLebanese descent. His father was born in Lebanon and came to the don’t have an ‘I’ disease. I credit all those around me.”United States from an orphanage at age 12 and was multilingual. Reputation and Challenges It was a largely middle-class upbringing for Thomas on VanceStreet in Wilson. His father and mother were in the clothing busi- Reputation is also important in the profession of law.ness. His father opened The Bonnie Shop in Wilson before he and “Law has a lot to do with reputation, and that’s what otherJohn Farris established Thomas-Farris Motors in Rocky Mount,which stands as Farris Motors today. people say. How much is true and how much is not true—you are going to find a lot of good things that are said and some bad Thomas describes his brother Vince, who died recently, as his things.”best friend, a gifted athlete and absolutely essential in the earlydays of his law firm. Thomas said there are tremendous lawyers in Wilson. “There are always going to be two or three or four who will Vincent Thomas, an optometrist, once owned the original law stand out. Their day will come and their day will pass like every-firm building and allowed Thomas to work out of it rent free for a thing else. I don’t get carried away with what a lot of people say.long time when Allen Thomas was struggling financially. This was You work to be a good lawyer and good for your clients and pro-back in the early days of the law firm. duce for your clients and for the judges to respect you.” The cuts dealt in fees paid to lawyers who fight for indigent Vincent Thomas also helped make repairs to the building. It’s clients is another challenge faced by the profession. This goes tosomething Allen Thomas will never forget. the very heart of a person’s constitutional right of a court-appoint- ed attorney, Thomas said. Thomas has lived in Wilson his entire life and holds the dis- “They are cutting the fees on the court-appointed cases to atinction of being the oldest continuous member of St. Therese level that a lawyer who gets into that type of practice is going toCatholic Church in Wilson. He’s had opportunities to move away starve to death. That is, in turn, going to stop some of the betterbut could never leave his hometown. criminal lawyers from getting into that area even if they wanted to as a type of public service. The pay is so low, and the cases are so “I would not move from Wilson,” Thomas said. “I had the op- complicated.”portunity to move to Raleigh and Tampa. I didn’t want to leave my That is not to say there are not competent attorneys in ap-family. I didn’t want to leave Wilson.” pointed areas, Thomas said. “It’s going to run out better lawyers or more experienced law-The Profession • The law is not an easy profes- yers. It’s taking a toll,” especially in today’s economy, when fewer people are able to pay.sion, Thomas said. “It’s one we need to learn to work for the respect of the people, The Future • The firm itself will continue on regardlessand we as a profession are responsible for some of the lack of re- of whether Thomas is there.spect that’s out there. We just have to work harder to show the “I threw them in the water,” Thomas said. “They have their ownpublic it is a valuable profession, one profession that touches everyaspect of one’s life. Look at it: in an auto wreck, you need a lawyer; clientele now. I could walk away, and they wouldn’t miss a beat.”get a ticket, you need a lawyer; build a house, you need a lawyer; But he has no plans to retire.set up a corporation, you need a lawyer.” “Success sometimes can be fleeting. I hope I can look at my- A perceived presumption of guilt that persists in society is a self realistically. I’m prepared and I’m particular and I hope I don’thuge challenge for lawyers today as well, he said. miss anything in the courtroom that’s said. I’d like to think that I can jump on somebody if necessary, but I don’t think it’s my style. “That is sad. You have to try to educate the jury to the fact thata person is innocent until he is convicted. So many people think “You have to be careful. Your style has to fit the case you’ve got.”you would not have been arrested but for some bad act you’ve He referred to one past case.committed, and that’s a big burden to overcome, particularly when “One case I did go in for overkill. The guy lied, lied, lied in ait’s not part of the law.” personal injury case. Instead of leaving it alone I continued be- cause I was catching one lie after another. I think the jury began But sometimes society in general is fed up with crime, he feeling sorry for him after a while.added. “I think a good lawyer needs to know when to shut up. I think a good lawyer needs to know when not to ask questions and when “We’ve got police officers out there doing their job, and most enough is enough.” NCLof them do their job, but there are mistakes that are made. Thepresumption of innocence in this country is why so many peoplewant to come to this country. Few people want to leave this coun-try due to injustice.” The laws, while not perfect, are the best in the world, he said. At 74, Thomas is still pulling long days, starting at 7:30 a.m.and going as late as 6:30 p.m. He says he’s driven by the love of the 25North Carolina Lawyer May 2013

Lawyer Quality Of Life © 2013 Oklahoma Bar Journal. www.ncbar.org Reprinted with permission.The Stress-Free Jim Calloway is the director ofLaw Practice the Oklahoma Bar Association Management Assistance Program.By Jim Calloway He publishes the weblog Jim Calloway's Law Practice Tips at http://jimcalloway.typepad.com. He can be contacted at [email protected] of you saw the headline of this column and thought included more anger than seems reasonable for the situation.one of two things: “That is absolutely impossible” or “Yes, I want Recognizing the potential problem is, as the cliché goes,that.” half the battle. To learn about coping with stress, I talked with I am fairly certain that a completely stress-free law practice licensed professional counselor Rebecca R. Williams, who co-is not possible, any more than stress-free life is possible. But cer- ordinates Lawyers Helping Lawyers services for the Oklahomatainly there are practice areas for lawyers that lead to more stress Bar Association.than others. Although I was focused on the long-term effect of stress on And not all stress is bad for you. Good trial lawyers get ex- a veteran lawyer, she reminded me that new attorneys are alsocited and amped up for a big trial just like athletes do for a big particularly vulnerable as they step onto the playing field, oftengame. The “fight or flight” adrenaline rush was critical for our without mentoring or support, and with the unrealistic beliefancestors to survive and still comes in handy today. they should have all the answers. But chronic stress is a chronic problem for many lawyers. It Can stress become a lifestyle or work culture? It absolutelyseems to be inherent in the practice of law. can, according to Williams. We set up shops that invite people to bring in their prob- In many pockets of the legal profession, excessive worklems—and not the easy or simple ones. We take on their worst hours and intense caseloads are the norm. The risk of appearingproblems, often dealing with their most important and emotion- weak or incapable lessens the likelihood of someone reachingal issues: freedom, health, financial security or family relation- out for help or support and increases the chances of a particularships. A typical client is often unhappy about having the problem stress phase turning into an anxiety disorder, depression or sub-and likewise unhappy about having to pay a lawyer to take care stance abuse problem.of the problem. Williams urges attorneys to be aware of the Lawyers are trained to focus on logic and set aside emotion— following symptoms:good for dispassionate examination of a challenging problem, but • isolation from colleagues, friends or familyprobably not the best method for dealing with personal stress. • feelings of being overwhelmed • feelings of inadequacy The results of such chronic stress are as tragic as they are pre- • not adhering to set work hoursdictable. Death by suicide among lawyers is six times the suicide • losing sight of a realistic caseloadrate of the general population, making it the third-leading cause of • difficulty turning down workdeath among attorneys after cancer and cardiac conditions. • letting your work schedule derail your plans for A quality-of-life survey conducted by the North Carolina physical activityBar Association reported that almost 26 percent of the bar’s • difficulty organizing and concentratingmembers exhibited symptoms of clinical depression. A Johns • resistance to asking for help or supportHopkins University study found that among over 100 occupa- • avoiding certain clients or filestions studied, lawyers were three times more likely to suffer from • increased alcohol substance useclinical depression than any other profession. • increase in time spent on non-productive, Alcohol and drug dependency rates among lawyers are non-billable tasks such as Internet surfing or anaround double the rate of the general population. unhealthy relationship Just reading the data is depressing. But it also rings truewith our anecdotal experiences. Most lawyers who have been inpractice for a length of time have known an attorney lost to sui-cide. Most attorneys sometimes have bad days and professionalsituations that are miserable and occasionally seem unbearable.Almost every lawyer has had a conversation or phone call that 26North Carolina Lawyer May 2013

Lawyer Quality Of Life www.ncbar.orgTo cope with stress, Williams recommends lawyers: Some days are better than others. Even on the best of days,• keep something to look forward to every week that involves being around other people BarCARES can help.• attend monthly Lawyers Helping Lawyers discussion BarCARES is a confidential, short-term counsel- groups, if only to have a sandwich and listen ing/intervention program provided at no cost to members of judicial district and local bars, other• hire someone temporarily to help organize your bar-related groups, and students of N.C. law space and files schools that have established a program. Bar- CARES is here to help you by providing confi-• incorporate 15-minute activity breaks during the dential assistance and brief, solution-oriented work day to walk around the parking lot or counseling. Whether you need help getting back on track, staying on track, or forging a new trail,• run up a flight of stairs BarCARES offers you no-cost assistance to help you on your way. Visit www.barcares.ncbar.org• promote and encourage laughter to learn more about this program.• meditate daily or simply slow down your breathing Effective January 2012, the NCBA BarCARES and focus on one thing or concept only, for several Pilot Program offers a one-time, two-session minutes, several times a day referral to NCBA members who reside in a non- covered BarCARES area and have never utilized• take a few deep breaths when feeling stressed BarCARES services previously — regardless of and think about all of the good things about your whether they are currently covered by health practice and life insurance.• schedule fun and recreation on your calendar weekly NCBA members should call HRC Behavioral Health & Psychiatry, PA toll• participate in frequent new experiences with your free at 1-800-640-0735 to confidentially partner, friends or colleagues schedule their FREE visit.• talk about your feelings regularly with someone confidential counseling you trust for the legal community and their families• schedule a quitting time. Sometimes long work days 1-800-640-0735 | barcares.ncbar.org are required, but we all have to acknowledge we are not as effective and sharp in our 10th working hour BarCARES is made possible by BarCARES of NC, Inc., the North Carolina Bar Asso- of the day as in our first. ciation and NCBA Foundation Endowment, Lawyers Insurance Agency as well as our local bar groups and law schools who opt in to the program. BarCARES is not affiliatedAlso, personal consultation is as important as professional consul- with the N.C. State Bar’s Lawyer Assistance Program (LAP).tation, so identify mentors and others for your personal support. Remember there are some potential clients too challengingfor you to represent. Sometimes there is just a personality conflict.Everyone is entitled to a lawyer, but not everyone is entitled to you. Finally, don't take on too much at one time. Every lawyer hashad to deal with the temptation of taking on a new client whenthey are already overloaded. Deep inside we can sometimes heara voice of insecurity that if we turn away this new client, we maysoon not have enough work to do. But you do a disservice toyourself, your family and your potential new client if you take onmore man you can comfortably handle. One part of a life skill that many lawyers must exercise more of-ten is saying “no” gracefully and firmly. It is better to do a few volun-teer and community activities well than to give half attention to many. Being a lawyer is an honor. This is a great profession. Not ev-eryone gets to help people with their most important problems.But to take care of your clients, you must take the time to takecare of yourself first. Lawyers are often very self-sacrificing. Maybe now is thetime for you to dial back on the self-sacrifice and focus on hav-ing a long and healthy law practice. NCL 27North Carolina Lawyer May 2013

Members In Focus www.ncbar.org Members in Focus is a video and article series highlighting NCBA members’ special talents and hobbies. To nominate a member, please send an email to [email protected] Dogan John T. “Jack” Hall Chad CochranElon University School of Law Criminal Appeals Attorney, Solo Practice Vann & Sheridan, LLPAlamance County, Judicial District 15A Wake County, 10th Judicial District Wake County, 10th Judicial District1. I love riding motorcycles and 1. My favorite restaurant in Durham 1. I enjoy playing bluegrass rhythm owned my first Harley at 19. is Bali-Hai, Mongolian BBQ. guitar.2. I have a beautiful daughter who is 2. Directing “The Importance 2. My wife and I hiked the almost three. of Earnest” at Raleigh 2,650 mile Pacific Crest Little Theatre will be my Trail within five months in3. My favorite food is a good 236th lifetime production. 2012. cheeseburger. 3. I taught at NCSU for nine years 3. I have visited 30 countries.4. I was 29 the first time I and often wore a kilt to final 4. Caffé Luna in Raleigh is my bobsled. exams as a tension breaker. favorite restaurant.5. I studied abroad for a summer at 4. New York Times v. Sullivan and Oxford University. Gideon v. Wainwright were cases 5. I was a park supervisor for my that inspired me to be a lawyer. first job.6. I have two miniature wire-haired dachshunds; Stella and Sydney. 5. Dylan Thomas’ “Under 6. If I was to hike the Pacific Crest Milk Wood” was the first Trail again, I wouldn’t forget7. My position on the bobsled play I directed in the mid- coffee. team is the push athlete or 1950’s. the brakeman. 7. I am addicted to political 6. “Hunt for Red October” is my websites.8. I am a Leadership Fellow at Elon favorite movie. Law. 8. During our hike we came 7. I was an undercover inmate on across six bears, a couple Scan the QR code with death row in the old Central mountain lions and dozens Prison in 1970. of rattlesnakes. NCL\ your smartphone to see these members in 28 action on YouTube! North Carolina Lawyer May 2013

NCBA Foundation www.ncbar.orgNCBA Foundation Expands PlannedGiving Efforts With Establishment Of Planned Giving CommitteeThe North Carolina Bar Association Foundation has es- portunities to make planned gifts.tablished a Planned Giving Committee to provide information The committee has also put together a planned giving news-and planned giving opportunities to lawyers so they can furthersupport the NCBA Foundation and its endowment. letter which provides some examples of planned gifts, including testamentary gifts, gifts in charitable trusts, gifts of appreciated “Our foundation is fortunate to have one of the largest bar property, and gifts of proceeds in retirement accounts. There areassociation-affiliated endowments in the country,” said Jean plans to speak at the regular meetings of the Senior Lawyer Divi-Carter, chair of the Endowment Committee. “Our endowment sion and to reach out to the various sections that might be inter-provides funds that promote justice and further legally related ested in gaining additional information on gifting opportunitiesefforts including particularly lawyer volunteer activities across and how their members can benefit from them.North Carolina. “When most people, lawyers included, think of making a “The success of the endowment is due to the generosity of charitable contribution,” Wall says, “they think of pulling out theNorth Carolina lawyers. Many of the gifts to the endowment checkbook and writing a check. Obviously, those gifts are criti-have been planned gifts—gifts created today to take effect later— cal, and those types of gifts are always encouraged, but there areafter a trust term or at death.” other opportunities for people in the legal community to leave a lasting legacy. Robert Wall of Winston-Salem will serve as chair of the newcommittee. “Many giving techniques do not require a check to be written immediately, but in the end those gifts pay dividends many years The idea of the committee arose last summer during the an- down the road. We hope that the new Planned Giving Committeenual meeting of the Estate Planning & Fiduciary Law Section. will be able to work with our fellow attorneys across the state toSeveral members of the section gathered for lunch with Tom have a profound impact on future generations of not just lawyers,Hull, director of development for the NCBA Foundation, to dis- but all North Carolinians seeking liberty and justice.” NCLcuss the planned giving efforts of the Foundation. Many of those gathered spoke of further enhancing the ef-forts of the Development Committee and the Endowment Com-mittee to raise awareness of the possibilities of planned gifts andthe programs already established by the foundation, includingthe Platt D. Walker Society. “Those of us at the lunch recognized that the size and scopeof the foundation warranted a greater focus on both annual giv-ing and tax-efficient planned giving,” says Wall. “The committeegrew out of those conversations.” The focus of the committee will be to educate members of thebar association on various planned giving techniques which maybe used to further enhance the programs offered by the bar asso-ciation while gifting in the most efficient manner. The committeewill also provide assistance, as needed, to the foundation and itsstaff when issues related to planned gifts or non-cash gifts arise. “The new Planned Giving Committee,” Carter said, “willpermit North Carolina lawyers to benefit future generations oflawyers through their thoughtful support of our endowment.” Currently, the committee members are reaching out tomany of the most experienced attorneys in the state who are onthe cusp of reaching milestones in their careers to thank themfor their service to the bar association and remind them of op- 29North Carolina Lawyer May 2013

Young Lawyers Division www.ncbar.orgThe State Of Legal Education: The Future Of Our Profession By John Buford There’s been a lot of talk about law schools. They appeared thoughtful, earnest, and confident in the state of legal education and the their abilities, as you’d expect from people who were selected by future of our profession. They say their peers as leaders. (And if any of them rose to power through talk is cheap. But whoever said that election chicanery rather than substantive merit, well, practical wasn’t at the Bar Center on April 2 skills are practical skills). for the NCBA’s “Legal Education and the Profession in Transition” sympo- And what struck me most was how open their eyes were to sium. the state of things. They are among the first classes of students By my conservative estimate, who actually entered law school during End Times®, rather than about $60,000 in billable time was having End Times thrust upon them after their first-year loanJohn Buford donated by leaders from the bar’s checks already cleared. Their most common explanation for what might seem on its face an irrational decision is that they various sections and divisions who just wanted to be lawyers more than anything. They actuallycame to ponder this transition. (Surely there is some Eastern knew the odds going in, but they weighed their calling so highlylanguage in which the character symbol for “transition” is the that it still made sense for them.same as the one for “Dickensian fearscape,” but I’m drawing ablank at the moment.) According to the New York Times, 54,000 people will ap-The audience ran the gamut from senior lawyers to not-yet- ply to law schools this year, down from 100,000 in 2004. If thelawyers, from solo practitioners to large-firm managing partners. anecdotal evidence at the symposium (yes, from seven of ourFrom the perspective of a barely still young lawyer, the summit state’s 4,200 or so law students) is any indication, the lower num-prompted a number of thoughts for me during the course of the day: bers may have a higher concentration of people who are more interested in service and professionalism than raw compensa-Practice readiness vs. cheaper education. The core tion. With that said ...tension between legal education and legal employment is It’s getting lonely at the top. Here’s the rub—those folksthe disconnect between the cost of a legal education and the who used to apply to law school, but aren’t anymore, dispropor-measure of how finished the ultimate product is—the nebulous tionately have better credentials. The decline is sharpest amongconcept of “practice readiness.” applicants with the highest LSAT scores. This is a recent enough phenomenon that nobody seems sure what it will mean in the Tuition is rising at the very time that employers are de- long run—i.e. whether there will be a long-term brain drainmanding lawyers who possess practical skills on day one, which in the legal profession. But it’s scary to think that much of theis also at the very time that many clients are unwilling to pay cream that used to rise to the top is now skimming itself intofor green lawyers regardless of how ready their professors may another bowl altogether.certify them to be. Demand for counseling and advocacy will remain high; process and content, not so much. The labels are The irreconcilability of this tension shines through in some of from Tom Clay of Altman Weil, the summit’s keynote speaker,the proposals now floating around. Two years of law school rather but they’re too apt to try to change. Here’s the gist: When I wasthan three? Make law school an undergraduate degree? Let law- in law school, the “battle of the forms” was something we learnedyers begin law school after three years of college? Hooray for cost to pass a UCC exam. Now it’s a fundamental threat to the way areduction, sure; improving practice readiness, not so much. lot of attorneys practice law.Students are starting to get the message. The ones whoare left might actually make it. Part of our day featured a panelcomprised of student leaders from each of North Carolina’s seven 30 North Carolina Lawyer May 2013

Young Lawyers Division www.ncbar.org Forms are everywhere. Information is everywhere. Reported Join the actioncases are everywhere. Unreported cases are everywhere. Google from nearhas single-handedly killed the exclusivity of legal information that or faronce contributed greatly to the demand for lawyers. with the In olden times, in between yoking teams of oxen and consult- Annualing the almanac to determine the best week to calendar one’s de- Meetingmurrer, I’m told that lawyers had large libraries full of books that in Appturn were full of information not generally available to the public. why should i join the app? Now, anyone with two thumbs and an iPhone has the keys tothat particular kingdom. (The philosopher Will Hunting presaged • Win a Starbucks gift card (visitthis in the Web 1.0 days of 1997 when he chided an arrogant Har- ncbar.org/13AM for more details)vard grad student: “[Y]ou dropped a hundred and fifty grand on aneducation you coulda picked up for a dollar fifty in late charges at • Mobile access to the Annualthe Public Library.”) Meeting agenda Raw knowledge is no longer something lawyers will be able to • Connect with other memberscharge for. That’s a scary thought to someone who spent the first • Receive important announcementstwenty or so years of my life slaying standardized tests. • Follow/Join the Twitter conversation Even basic analysis isn’t worth anything anymore. A few short directly from the app (#NCBA13AM)years ago, a threat to our lawyers was outsourced offshore docu-ment review. Is it still a threat? Sure. But how much longer will that be a part of The Community:be a threat? 1. Scan the QR code below to Predictive coding software looks like the McCormick reaper download the Bizzabo app on yourof document review—it can do the work of a hundred men. I’m Smartphone (iPhone or Android)already bracing for the day when a sentient computer makes my 2. Search for “N.C. Bar Association”privilege determinations for me in a calming British voice; hope- 3. Press Join!*fully that technology will come with an app that will warn mewhen I’m about to waive. *A LinkedIn profile is required to utilize this app. Visit www.linkedin.com/reg/join to set up an account. So what’s left? The two buckets that, fortunately, capture theessence of our profession anyway. Clients will always need advo- http://bizzabo.com/downloadcates. The ability to persuade, either through oratory or compo-sition, will remain valuable, and will remain something that lawschools can actually teach. Clients will always need counselors, too. The ability to ap-ply one’s own experience and judgment to a client’s problems willremain valuable. Unfortunately, these are less susceptible to legaleducation. Can law schools provide “experience” by converting third-yearprograms from theoretical to clinical? Maybe, but my Jeffersonianbias toward viewing education as a lifelong experience makes methink one year here or there is not going to solve that problem. Andcan law schools provide training in “judgment?” Either you have itor you don’t.Will we actually do anything? Our profession is not onethat permits much systemic innovation. I don’t get the sense thatthere is any consensus among legal educators about what changeis necessary; I sure don’t get the sense that legal regulatory bodieswill or should do anything to lessen the barriers to entry that are inplace to protect the public. Still, at least we’re talking. It’s a credit to our bar associationthat we’re having these conversations, even if they’re a little bit un-comfortable, even if they’re a little bit hopeless. NCL 31North Carolina Lawyer May 2013

Writing That Works www.ncbar.org DASHES AND HYPHENS:Rules For The Discriminating Writer When I wrote my column Don’t Hyphens Eschew the Comma (November Hyphens are used in two ways: to indicate the division of a word 2012), I was a little fearful that no at the end of a line of text and to form compound words. one would take the time to read it. Who wants to wade through a bunch In the first situation, most word processors do the work for of technical punctuation rules? So I you; they either divide the word appropriately or kick the entire was pleasantly surprised when I re- word to the next line of text. If you need to manually divide a ceived emails from quite a few readers word, and you are not sure where to place the hyphen, consult a thanking me for writing the column. dictionary. Do not divide a proper noun. One reader who emailed meLaura Graham about the comma column suggested It is the second situation—forming compound words—where the use of hyphens often requires some thought on the writer’s part. that I follow it up with a column onhyphens. Now that I know it’s okay to write about punctuation, Here are a few fixed rules for using hyphens, taken from myI’m happy to oblige. And you get two for the price of one this trusty Aspen Handbook for Legal Writers. (The examples are my ownmonth; I’m also covering dashes! creations.) Note that no spaces are used before or after a hyphen.Dashes and hyphens are not interchangeable, though manywriters use the two punctuation marks indiscriminately. Many writ- 1. Use a hyphen when two or more words act together toers also use them incorrectly and inconsistently. I hope you’ll clip this modify a noun.column and keep it handy, so that you are not one of those writers. He is a highly-sought-after speaker on intellectual property laws. We need a well-developed strategy for negotiating with the potential buyer. Dashes She had life-threatening injuries, but fortunately she recovered.Some legal writing style experts consider dashes too informalfor legal writing; these experts suggest using other punctuation Note: When the two words follow the noun, omit the hyphen.marks instead, such as commas, parentheses, or colons. But I I thought Judge Hart’s opinion was well reasoned and well written.think that if the dash is used sparingly and thoughtfully, it can But: This is a well-reasoned, well-written opinion.add just the right touch of “drama” to our writing. 2. Use a hyphen with the prefixes all-, co-, ex-, half-, quarter-, The dash is particularly effective in a couple of situations. quasi-, and self- and with the suffix –elect.One is when you really want to draw the reader’s attention to a The fee for the conference is all-inclusive.particular fact or point; the other is when you need to interrupt Who would believe the testimony of an ex-con?your sentence to convey some key information. Using a dash in- When will the president-elect take office?stead of a set of commas or parentheses is more likely to causeyour reader to pause and take notice of the information. 3. Use a hyphen with a prefix before a proper noun or a word beginning with a capital letter. In these two situations, the em dash is the proper dash to use. His stance on this issue seems almost anti-American.An em dash is so named because it is as wide as a typesetter’s m key. The trial will not take place until at least mid-May.It is made by using two hyphens, without spaces before or after. 4. Use a hyphen to divide compound numbers fromThe key question—who fired the weapon—was not answered at trial. twenty-one to ninety-nine.Only one person knows the code to the safe—and it’s going to stay The prosecution offered seventy-four exhibits into evidence.that way. 5. Use a hyphen in fractions that are spelled out.There is a second kind of dash—the en dash—that is used pri- The contract gives Mr. Phillips a one-third interest in the property.marily to show a span of numbers or time. The en dash is madeby using one hyphen. 6. Use a hyphen to prevent words from being confused with each other.I will be out of the office from June 23-July 2. We need Ms. Walker to re-sign the letter indicating her intent toThe key facts are on pages 27-30 of the defendant’s brief. resign. 32 North Carolina Lawyer May 2013

Writing That Works Laura Graham, www.ncbar.org Assistant Director of Legal Analysis, Writing, & Research,7. Do not use a hyphen when a prefix ends in e or o and the base word begins with the is an associate professor ofsame letter. legal writing at Wake ForestLet’s all work together to reelect Judge Wilson. University School of Law, whereHer insurance company declined to cover the surgery, claiming that it resulted from a preexist- she has taught for 12 years. Sheing condition. welcomes email from readers atThe attorneys need to coordinate their schedules. [email protected] there you have it: the nuts and bolts of using dashes and hyphens correctly and effectively. I’llbe eagerly awaiting your emails letting me know which punctuation mark to cover next! NCLCottrell, Wood Jackson Hunter Honored ByEarn IP Section Honors Constitutional Rights The Intellectual Property Section Judge Robert N. of the North Carolina Bar Association Hunter of the N.C. Court recently presented its annual IP Section of Appeals was honored re- Pro Bono Awards for 2012-13. Individual cently as the 2013 recipient contributions and law firm achievements of the John McNeill Smith Jr. are recognized with these awards. Constitutional Rights & Re- The individual award was presented sponsibilities Section Award. to Clara Cottrell of Smith Moore Leath- The award was present- erwood in Greensboro. The firm award ed in February at the sec- was presented to Wood Jackson PLLC of tion’s annual meeting andClara Cotrell Raleigh. Judge R.N. Hunter CLE by Bill Peaslee who is The outstanding individual achieve- the chair of the section.ment award is presented to section members who have actively par- A native of Greensboro, Hunter was elected to theticipated in pro bono activities such as direct indigent representation or Court of Appeals in 2008. He has devoted the majority ofdirect community service efforts, excluding support of professional/busi- his career to private practice, most recently with Hunter,ness organizations such as bar associations, chambers of commerce, etc. Higgins, Miles, Elam & Benjamin of Greensboro.The outstanding law firm/organization award is presented to the Hunter has also served as deputy attorney generallaw firm or other organization (such as an in-house legal department) (1976), Guilford County public administrator (1981-that best supports and facilitates the pro bono efforts of its attorneys. 85), chairman of the N.C. State Board of ElectionsThe awards were presented at the IP Section’s Annual Meeting (1985-89), and as an adjunct faculty member at Wakein March. Forest University School of Law, Elon University SchoolCottrell has been volunteering with NC LEAP (North Carolina of Law, North Carolina Central University School ofLawyers for Entrepreneurs Assistance Program) since 2009, helping Law and the UNC-Greensboro School of Business Ad-low-wealth business owners to build businesses in North Carolina ministration.that create jobs, improve communities and boost participants out of He holds degrees from the University of Norththe poverty cycle. Carolina at Chapel Hill (History), George Washing-She also volunteers at NC LEAP-sponsored events at small busi- ton University (Business) and the UNC School of Law,ness centers and community colleges, and presents on issues in pat- and is a 2014 LL.M. candidate at the Duke Universityents, trademarks and copyrights. School of Law.The Wood Jackson pro bono effort, under the direction of Emily Within the NCBA, Hunter has served on the sec-Moseley, included 100 percent participation in pro bono services. Ev- tion council of the Constitutional Rights & Responsi-ery attorney participates monthly in the NCBA’s Call 4ALL program, bilities Section and chaired the section in 2004-05.and firm members also participate in NC LEAP. He has also been extremely active in BarCARES,Two attorneys in the firm represented a local salon owner in a serving on the board of directors of BarCARES oftrademark/copyright dispute and spent more than 20 hours helping North Carolina, Inc. since 2005 and as president of Bar-their client overcome the objection. NCL CARES from 2008-11. NCL 33 North Carolina Lawyer May 2013

Continuing Legal Education www.ncbar.orgChad Garrett Is CLEVolunteer Of The YearFor a young man who graduated from law school just 12 years ago, Chad Chad Garrett, left, accepts honor from NCBAGarrett is rapidly making a name for himself within the North Carolina Bar President Mike Wells.Association. The ABCs of DWI The Greensboro attorney was recently honored as the NCBA Founda-tion’s CLE Volunteer of the Year. The impetus for his selection is a book that All laws are subject to evolution, but impairedGarrett authored, “ABC’s of Traffic Law.” driving law in North Carolina has undergone a revo- lution in recent years. While many N.C. attorneys The book grew out of a manuscript Garrett developed for the 2010 Crim- are just now getting familiar with the 2006 amend-inal Justice Section Annual Meeting CLE titled “Blue Collar Crime. Real Law ments, changes enacted in 2011 and 2012 have re-for Real Lawyers!” written the rules of the game. A year later, “ABC’s of Traffic Law” became the first North Carolina at- Whether your next DWI client is your first ortorney-authored book published through the NCBAF CLE Bookstore. This your five hundredth, coming to the case preparedpublication has sold over 370 copies and is an excellent resource that appeals with a full understanding of the complex legal land-to the entire legal profession. scape is critical to a good outcome. “Jan Pritchett (who now chairs the Criminal Justice Section) asked me to On Thursday, May 23, at the N.C. Bar Center, thedo the CLE at Grandover,” Garrett recalled. “The bar saw it and decided to turn North Carolina Bar Association will present ABCs ofit into a book. I am happy that it has done so well and looking forward to a new DWI: Advanced Concepts and Recent Developmentsbook that is coming out.” for New and Experienced Lawyers. The new publication, “ABC’s of DWI,” co-written by Garrett and Joel The course was planned by Chad D. Garrett andOakley, forms the basis for a CLE program on May 23 at the N.C. Bar Center Joel N. Oakley, who are also the authors of The ABCs(see accompanying article). of DWI, a new publication releasing this spring. At the program, Garrett and Oakley are honored to be Garrett has been pleasantly surprised with his success on the CLE circuit. joined by Judge Douglas Parsons (Superior Court “I tried to do a good job on the first one, but with a baby in the hospital, District 4A) who will share a view from the benchI was not sure how the presentation turned out,” Garrett said. “I had been up on this complex and ever-changing practice area.48 hours, so I rambled quite a bit. “But then the book came out, and I started to speak at more CLEs, and Attendees at the course will receive a copy ofit kind of went from there. Then they asked me to be a part of the CLE Com- The ABCs of DWI as part of their program mate-mittee, and I have enjoyed that.” rials. Together the course and the book will offer a A partner in Garrett, Walker & Aycoth, Garrett is a 1997 graduate of the complete understanding of DWI law and an essen-University of North Carolina at Chapel Hill, where he majored in English, tial pocket reference to keep handy in court.and a 2001 graduate of the UNC School of Law. He is a past president of theGreensboro Defense Bar. As Garrett and Oakley state in their book, “Im- “Criminal law is actually all I do,” Garrett said. “I was a prosecutor for paired driving law is complicated, but we can all be-many years, but it would be hard to support a family and be a career prosecu- come experts, one letter at a time.”tor. So I left for private practice. I’m lucky that I’ve never had to do anythingother than criminal law.” Visit: www.ncbar.org/cle/programs/173DWI. Garrett has long been a proponent of the NCBA Foundation’s CLE program. “I think the bar association CLEs are designed for the North Carolinalawyer,” Garrett said. “The programs give something very practical back, bothin the manuscript and the speakers. It is something you can use, instead ofjust fulfilling your CLE hours.” As for receiving the CLE Volunteer of the Award, Garrett says that he isstill in shock. “I was incredibly honored,” Garrett said. “So many people do so much forthe bar association and so much for CLE in general. I don’t really feel deserv-ing at all. It is one of the biggest honors of my career.” And he’s just getting started. NCL 34North Carolina Lawyer May 2013

Recognition www.ncbar.orgAllen Bowden Carter Becton Benoit Eagles Earls FergusonGantt Hamilton Hedgecock Horne Kapp Kitchin Mercer Merrills Nenni Tate Parker Riley Steele Weissman WheelerNoel Allen of Raleigh, Steve Bowden of Greensboro and Jean Gordon Hal Kitchin, Wilmington attorney at McGuireWoods LLP, was electedCarter of Raleigh have been elected to the board of directors for the N.C. by the Wilmington Chamber of Commerce Board of Directors as chairCenter for Public Policy Research. of the board for 2013.Charles Becton, past president of the NCBA, received the Highest Hero McAngus Goudelock & Courie, law firm with offices in Columbia,award from the Ayden Chamber of Commerce. Greenville, Charleston and Myrtle Beach, S.C., and Asheville, CharlotteSusan Benoit, attorney at Hutchens, Senter, Kellam, & Pettit, P.A. in Fay- and Raleigh, N.C.; donated $10,000 to Special Operations Warrior Foun-etteville, received the Past President’s Award for her dedication and ser- dation, an organization dedicated to supporting the military’s special op-vice to the Mortgage Bankers Association. erations forces and their families.Sidney S. Eagles Jr., attorney at Smith Moore Leatherwood in Raleigh Charles H. Mercer Jr., partner at Nelson Mullins Riley & Scarborough,and former chief judge of the North Carolina Court of Appeals, has been has received the Order of the Long Leaf Pine for the second time. Gov. Per-elected to membership in the American Academy of Appellate Lawyers. due bestowed this high honor to him in December before her departure.Anita Earls, executive director of the Southern Coalition for Social Justice in Andrew W. Merrills of Ogletree Deakins Nash Smoak & Stewart hasDurham, received the 2013 N.C. NAACP Humanitarian of the Year award. joined the board of directors for Anna’s Angels, a nonprofit that supportsJames E. Ferguson II of Charlotte has received the Paul Green Award Down syndrome research at Duke Children’s Hospital.from the N.C. chapter of the American Civil Liberties Union for his ef- Emily L. Nenni and Douglas J. Tate, attorneys with McGuire, Wood &forts to abolish or limit the death penalty. Bissette in Asheville, received the Pro Bono Service Awards from the 28thDavid Gantt of Asheville was elected to the position of chair of the Bun- Judicial District Bar and Pisgah Legal Services.combe County Commission. Gantt has served on the commission since 1996. Katy Lewis Parker of Wilmington and former ACLU-NC Legal Director,Bruce A. Hamilton, partner at Teague Campbell Dennis & Gorham, LLP, was has received the Norman Smith Award for dedicating an extraordinaryelected to the North Carolina Association of Self-Insurers board of directors. amount of her time and efforts to the American Civil Liberties Union.Ashley Hedgecock, attorney with Robinson Bradshaw & Hinson, re- Elizabeth “Liz” LeVan Riley, attorney with Womble Carlyle Sandridgeceived the Young Professional Business Leader Award from the Charlotte & Rice, was elected to the board of directors of the Independent CollegeChamber Young Professionals. Hedgecock also serves on the advisory Fund of North Carolina.board for the Association of Corporate Growth-Charlotte. C. Thomas Steele of Burlington has been re-elected to the Real Estate Law-Patrick Horne, attorney with Moore & Van Allen in Charlotte, currently yers Association of North Carolina (RELANC) board and also elected vice-serves as a board member for the Charlotte Chamber Young Profession- president of RELANC. Steele will serve as the association’s president in 2014.als. Horne also serves on the Charlotte Clemson Club Board. Deborah Weissman, professor at UNC School of Law, received the FrankM. Keith Kapp, partner at Williams Mullen in Raleigh and president of the Porter Graham Award for her contributions to the fight for individualState Bar, has been recognized as a Fellow of the American Bar Foundation. freedom from the N.C. Chapter of the American Civil Liberties Union. Clay Wheeler, partner at Kilpatrick Townsend & Stockton, was appoint- ed to a two-year term on the board of the Raleigh-Durham Airport Au- thority by the Durham County Board of Commissioners. NCL 35 North Carolina Lawyer May 2013

In Memoriam www.ncbar.orgIn Memoriam In Memoriam is a regular feature devoted to recently deceased NCBA members. To submit notices, please call 919.657.1558 or email [email protected] McClintock Anderson Stephen “Steve” Paul Halstead William Pailin Skinner Jr.92 | Raleigh | Wake Forest ’50 58 | Winston-Salem | Wake Forest ’79 83 | Raleigh | UNC ’56Jefferson D. “Jeff ” Batts Judge Roland H. Hayes Sr. Charles Woodrow Teague82 | Rocky Mount | Wake Forest ’57 82 | Winston Salem | NCCU ’71 99 | Burlington | Wake Forest ’34Harold J. Bender Helen Kelly Hinn Page Humphrey Vernon70 | Southport | UNC ’69 78 | Wilmington | UNC ’83 60 | Chapel Hill | Santa Clara ’80David S. Caplan James D. “Jim” Howell Judge James R. Vosburgh64 | Chapel Hill | San Francisco ’76 79 | Matthews | UNC ’70 80 | Washington | UNC ’64W. James Chandler Jr. William A. “Bill” Johnson Cary Whitaker70 | Charlotte | UNC ’66 92 | Lillington | UNC ’44 78 | Roanoke Rapids | UNC ’63Elton Edwards Robert “Bobby” Eugene Little III Andrew Grey Williamson89 | Greensboro | UNC ’48 78 | Wadesboro | UNC ’58 87 | Laurinburg | UNC ’50A.H. “Sonny” Gainey Jr. John Rice Britt Matthis Edward L. Williamson81 | Oak Island | Wake Forest ’59 93 | Raleigh | Wake Forest ’51 89 | Whiteville | Duke ’53Richard O. Gamble Paul Harold Ridge Herman Wolff Jr.81 | Wendell | UNC ’55 89 | Burlington | UNC ’49 88 | Lumberton | Catholic University ’51Judge George R. Greene Sr. Bobby W. Rogers82 | Raleigh | UNC ’57 78 | Henderson | George Washington ’63 As of April 15, 2013. Call 4ALL Is Now Lawyer On The Linewww.ncbar.org | #NCBA13AM North Carolina Bar Association Foundation Lawyer on the Line, formerly Call 4ALL, is launching a volunteer drive in conjunction with the program’s rebranding. Volunteers with Lawyer on the Line agree to make one to four calls each month to a Legal Aid-eligible clients in a practice area of the volunteer’s choice. Calls last an hour or less, and during the call, the volunteer agrees to interview the client and provide brief legal advice about the client’s situation. Malprac- tice insurance, training, and a mentor are provided by Legal Aid. To sign up now, visit http://one.ncbar.org. For questions, please contact Mary Horowitz at [email protected]. NCL 36 North Carolina Lawyer May 2013

Continuing Legal Education www.ncbar.orgNCBA SERVICES: Upcoming CLE ProgramsQuality of Life Videos: 1) Professionalism | Bill Thorp; 2) Find- June & July 2013ing Balance in Your Professional/Private Lives | Jim Early; 3) Of-fice Management | Nancy Byerly Jones; 4) Redefining Ourselves JUNE 2013As Lawyers | Steve Crihfield; 5) The BarCARES Program | Steve 7 Fundamentals of Employment LawCoggins/Charles Hinton; 6) Lawyers & Depression | Larry Sit- Greensboro | CLE Credit: 6.25 Hourston/Charles Hinton. Each presentation is approximately 15 min-utes in length. Call Linda Bridges (1.800.662.7407) to borrow or 20 Managing Challenging People and Challenging Casespurchase videos. (2013 Litigation Section Annual Meeting) Asheville | CLE Credit: 3.75 Hours,POSITIONS AVAILABLE: includes 1.0 Ethics/ProfessionalismWE PLACE LAWYERS in-house and in law firms in NORTHCAROLINA and throughout the Southeast. Contact Vera 20 Indian LawWright (919.829.2550) at Legal Placement Specialists, the first Asheville | CLE Credit: 6.0 Hours,legal recruiting firm in North Carolina, or visit our website at includes 1.0 Ethics/Professionalismwww.legalplacementspecialists.com. 21 The New Normal: Paralegal Division CPEAttorney Positions: North and South Carolina. Contact Caro- Ashevillelina Legal Staffing, the premier placement firm in the Carolinas, CPE Credit: 3.0 Hoursfor full-time, part-time and contract positions with law firmsand legal departments: Ashley Smith — Charlotte; Julie Clark 21 Introduction to Legal Research on Fastcase®— Raleigh; Lisa King — South Carolina. Send an email to info@ Asheville | CLE Credit: 1.0 Hourcarolinalegal.com or visit our website at www.carolinalegal.com. 21 Mental Health & Substance Abuse: A Family DiseaseCONSULTANTS/EXPERTS: Asheville | CLE Credit: 1.0 Hour Substance Abuse/Expert Witness. Premise Liability. Inadequate Security Claims. Mental HealthPolice Negligence Claims. Plaintiff/Defense. Past cases: apart-ments, condominiums, retailers, malls, restaurants, bars, event 21 Who Owns the Law: Private Ownership ofsecurity, police agencies, jail, college, others. 30 years experience. Public Law and How to Stop ItSecurity and Police background. Author, eight textbooks. Direc- Asheville | CLE Credit: 1.0 Hourtor, Security and Justice Institute. College Educator, Consultant.Phil Purpura, CPP. (843.665.0357) [email protected]. 21 Retirement on Your Own Terms Asheville | CLE Credit: 1.0 HourFederal Sentencing Expert — FedSen Consulting. Pre-plea/trialsentencing guideline analysis. Trial preparation. Investigative ser- 21 Legislative Updatevices. Presentence report review and analysis. Identification of Asheville | CLE Credit: 1.0 Hourfactors warranting downward departures and/or variances. Ac-cepts retained and CJA appointed cases. Supervisory United States 21 Gaining Leverage by Using Accounting Forensics inProbation Officer/Sentencing Guideline Specialist, retired. Li- Family Law Casescensed private investigator. Steven C. Miller at [email protected], Asheville | CLE Credit: 1.0 Hour(336) 339-3800 26 Ben Franklin on EthicsMISCELLANEOUS: Webcast | CLE Credit: 1.0 Hour Ethics/ProfessionalismWant to purchase minerals and other oil/gas interests.Send details to: P.O. Box 13557, Denver, Colorado 80201. 26 Lincoln on Professionalism Webcast | CLE Credit: 1.25 Hours Ethics/ProfessionalismTo place an ad in Lawyer’s MarketPlace, please contactLinda Bridges at 1.800.662.7407 or [email protected] JULY 2013 18-20 34th Annual Estate Planning & Fiduciary Law Annual Meeting Kiawah Island, SC | CLE Credit: 9.5 Hours, includes 1.0 Substance Abuse/Mental Health 24 The Art of Advocacy: What Can Lawyers Learn from Actors? Webcast | CLE Credit: 3.25 Hours 37North Carolina Lawyer May 2013

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