OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more...

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BAR FLYER MENTORSHIP. MARSUPIALS. MIRTH. Don’t Miss the 2016 Wake County Bar Awards.......25 ____________________________________ VOL. XLII ISSUE 4 OCT/NOV/DEC 2016 UPCOMING EVENTS WCBA LUNCHEON • Nov. 1 @ the Glenwood Club (Originally the Woman’s Club) | Duncan McMillan will be honored with the 2016 Joseph Branch Professionalism Award. Program begins at 12:15 p.m. CAMPBELL BREAKFAST DISCUSSION SERIES • Nov. 16 | Cambell School of Law | NC LAP Program, one- hour substance abuse and mental health CLE brought to you by the Lawyer Support Committee. Program begins at 7:30 a.m. WCBA HOLIDAY PARTY • Dec. 2 | 7-11 p.m. at the Crabtree Valley Marriott, for WCBA Members and their guests only. TENTH JUDICIAL DISTRICT BAR ANNUAL MEETING & LUNCHEON • Dec. 6 | 12:15 p.m. at North Raleigh Hilton. INSIDE THIS ISSUE 3 2016 JOSEPH BRANCH PROFESSIONALISM HONOREE DUNCAN ARCHIBALD MCMILLAN 5 CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR AND WCBA ELECTIONS 11 THE ETHICAL DO’S AND DON’TS OF ONLINE MARKETING 13 HONORING JUDGE MANNING 15 WIRE INSTRUCTION FRAUD PLAGUES NC LAWYERS 16 CALENDAR OF EVENTS 17 WCBA MEMBER NEWS 21 LUNCH WITH A LAWYER CELEBRATES 22ND ANNIVERSARY 23 WCBA CLASSIFIEDS 25 THE 2016 BAR AWARDS 26 WELCOME NEW MEMBERS! Visit our website: www.wakecountybar.org 919.677.9903 phone 919.657.1564 fax NOTICE OF ELECTION THE OFFICERS of the Tenth Judicial District Bar and Wake County Bar Association hereby give notice pursuant to Article XII of the By-Laws of the North Carolina State Bar: 1. That the annual election of Officers and Directors will be held on Tuesday, December 6, 2016, at the Hilton North Raleigh/Midtown, 3415 Wake Forest Road in Raleigh at 12:15 p.m. Lunch will be served and the cost of lunch will be borne by the Tenth Judicial District Bar at no additional cost to members. There will not be an early voting option. CONTINUED ON PAGE 2 CONTINUED ON PAGE 12 GO VOTE IT MAKES YOU FEEL BIG AND STRONG BY BRIAN O. BEVERLY, TENTH JUDICIAL DISTRICT BAR / WAKE COUNTY BAR MY UNCLE CUT MY HAIR GROWING UP. His name was Archie Foote, and he was married to my father’s older sister Thelma. He had a small, battered barbershop near the end of a country road in my hometown in southern Maryland. It couldn’t have been more than 150 square feet and always seemed to have a leak in the roof. Metal folding chairs lined the fading wood-paneled walls, along with one or two padded chairs that someone in the family might’ve wanted to discard. Landing a padded chair was a coup, because there was only one barber’s chair in the shop and the wait for a haircut could be quite long. I could never sit in the padded chairs – they were reserved for the “grown folk.” Everyone in the neighborhood called my uncle “Pop” Archie. He was one of the most charming individuals I’ve ever known. He had an infectious laugh and his mannerisms were smooth as silk. He never met a stranger and could carry on a conversation for hours with family, customers or new acquaintances alike. In retrospect, that was one of the reasons a haircut took so long. Pop Archie had a number of running buddies whom I would frequently encounter at the barbershop. They included Mr. Earl Bourne, Mr. James Clark and Mr. Robert Quarles. They were all around the same age and I’m pretty sure all were World War II veterans – I know for sure that my uncle was. In fact, he honed his barber skills while in the Army. My Daddy was born in 1936, so he was two decades their junior and I quickly realized his high regard for them when he took me to get a haircut on either Friday night or Saturdays. Pop Archie had a day job as a linesman for the local electric co-op, so Friday nights and Saturdays were the only days the barbershop was open (although Pop always seemed to find time to make house calls on his customers who were sick and shut-in whenever necessary).

Transcript of OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more...

Page 1: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

BAR FLYER

MENTORSHIP. MARSUPIALS. MIRTH. Don’t Miss the 2016 Wake County Bar Awards.......25____________________________________ VOL. XLII • ISSUE 4 OCT/NOV/DEC 2016

UPCOMING EVENTSWCBA LUNCHEON • Nov. 1 @ the Glenwood Club (Originally the Woman’s Club) | Duncan McMillan will be honored with the 2016 Joseph Branch Professionalism Award. Program begins at 12:15 p.m.

CAMPBELL BREAKFAST DISCUSSION SERIES • Nov. 16 | Cambell School of Law | NC LAP Program, one-hour substance abuse and mental health CLE brought to you by the Lawyer Support Committee. Program begins at 7:30 a.m.

WCBA HOLIDAY PARTY • Dec. 2 | 7-11 p.m. at the Crabtree Valley Marriott, for WCBA Members and their guests only.

TENTH JUDICIAL DISTRICT BAR ANNUAL MEETING & LUNCHEON • Dec. 6 | 12:15 p.m. at North Raleigh Hilton.

INSIDE THIS ISSUE3 2016 JOSEPH BRANCH PROFESSIONALISM HONOREE DUNCAN ARCHIBALD MCMILLAN 5 CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR AND WCBA ELECTIONS11 THE ETHICAL DO’S AND DON’TS OF ONLINE MARKETING13 HONORING JUDGE MANNING15 WIRE INSTRUCTION FRAUD PLAGUES NC LAWYERS16 CALENDAR OF EVENTS 17 WCBA MEMBER NEWS21 LUNCH WITH A LAWYER CELEBRATES 22ND ANNIVERSARY23 WCBA CLASSIFIEDS 25 THE 2016 BAR AWARDS26 WELCOME NEW MEMBERS!

Visit our website: www.wakecountybar.org919.677.9903 phone • 919.657.1564 fax

NOTICE OF ELECTIONTHE OFFICERS of the Tenth Judicial District Bar and Wake County Bar Association hereby give notice pursuant to Article XII of the By-Laws of the North Carolina State Bar:

1. That the annual election of Officers and Directors will be held on Tuesday, December 6, 2016, at the Hilton North Raleigh/Midtown, 3415 Wake Forest Road in Raleigh at 12:15 p.m. Lunch will be served and the cost of lunch will be borne by the Tenth Judicial District Bar at no additional cost to members. There will not be an early voting option.

CONTINUED ON PAGE 2

CONTINUED ON PAGE 12

GO VOTE – IT MAKES YOU FEEL BIG AND STRONG BY BRIAN O. BEVERLY, TENTH JUDICIAL DISTRICT BAR / WAKE COUNTY BAR

MY UNCLE CUT MY HAIR GROWING UP. His name was Archie Foote, and he was married to my father’s older sister Thelma. He had a small, battered barbershop near the end of a country road in my hometown in southern Maryland. It couldn’t have been more than 150 square feet and always seemed to have a leak in the roof. Metal folding chairs lined the fading wood-paneled walls, along with one or two padded chairs that someone in the family might’ve wanted to discard. Landing a padded chair was a coup, because there was only one barber’s chair in the shop and the wait for a haircut could be quite long.

I could never sit in the padded chairs – they were reserved for the “grown folk.” Everyone in the neighborhood called my uncle

“Pop” Archie. He was one of the most charming individuals I’ve ever known. He had an infectious laugh and his mannerisms were smooth as silk. He never met a stranger and could carry on a conversation for hours with family, customers or new acquaintances alike. In retrospect, that was one of the reasons a haircut took so long. Pop Archie had a number of running buddies whom I would frequently encounter at the barbershop. They included Mr. Earl Bourne, Mr. James Clark and Mr. Robert Quarles. They were all around the same age and I’m pretty sure all were World War II veterans – I know for sure that my uncle was. In fact, he honed his barber skills while in the Army.

My Daddy was born in 1936, so he was two decades their junior and I quickly realized his high regard for them when he took me to get a haircut on either Friday night or Saturdays. Pop Archie had a day job as a linesman for the local electric co-op, so Friday nights and Saturdays were the only days the barbershop was open (although Pop always seemed to find time to make house calls on his customers who were sick and shut-in whenever necessary).

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WAKE BAR FLYER VOL. XLII No. 4 | OCT/NOV/DEC 2016

President, Wake County Bar AssociationBRIAN O. BEVERLYPresident-electASHLEY H. CAMPBELLSecretaryMEGHAN N. KNIGHTTreasurerADAM M. GOTTSEGENImmediate Past President, Wake County Bar AssociationJUDGE ROBERT B. RADERImmediate Past President, Tenth Judicial District BarMARK A. FINKELSTEINBoard of DirectorsRUSSELL D. BABBBILLY BREWERULMER “ZEKE” BRIDGESBILL BYSTRYNSKIANNA BAIRD CHOIMARGARET CURRINSTEPHANIE D’ATRIASHLEIGH PARKER DUNSTONMICHAEL F. EASLEY, JR.JOHN O.N. ELUWADREW ERTESCHIKSAMUEL A. FOREHANDKATHERINE FRYE NICOLETTE FULTONJAMES HASH JILL JACKSONSHANNON JOSEPHDEAN RICH LEONARDDAYATRA “DAY’ MATTHEWSLAUREN REEVES DAVID SHERLINJUSTIN TRUESDALEJASON TUTTLEYoung Lawyers Division PresidentBRODIE ERWINABA DelegateJOHN I. MABEExecutive DirectorWHITNEY von HAAMWake Bar Flyer EditorLAUREN REEVESWake Bar Flyer Asst. EditorCARA WILLIAMSTenth Judicial District Bar CouncilorsHEIDI C. BLOOMWALTER E. BROCKNICHOLAS J. (NICK) DOMBALISTHEODORE C. EDWARDS IIKATHERINE FRYEDONNA R. RASCOEWARREN SAVAGE C. COLON WILLOUGHBY© 2016 Wake County Bar Association & Tenth Judicial District Bar.

NOTICE OF ELECTION: CONTINUED FROM PAGE 1

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2. The election is for the purpose of choosing Officers and Directors for both the Tenth Judicial District Bar and the Wake County Bar Association, and Badger-Iredell Foundation Board Members.

3. The following Officers will be elected: President-elect, Treasurer, Secretary

PRESIDENT-ELECT (ELECT ONE)Maria M. LynchNed W. Mangum

TREASURER (ELECT ONE)Adam M. Gottsegen

SECRETARY (ELECT ONE)Meghan N. Knight

4. The following Directors will be elected: 7 Directors (3-year term)

5. The following State Bar Councilor positions will be elected by the Tenth Judicial District Bar: Three Councilors (three-year term)

6. The following Badger-Iredell Foundation members will be elected by the Wake County Bar Association: 2 Foundation Members

Please see biographical information on each of the candidates beginning on page 5 and continuing through page 10. We look forward to seeing you at the Election Meeting on December 6 at the North Raleigh Hilton. WBF

Lisa AngelDavid K. BakerKeith O’Brien Gregory Jefferson G. GriffinAida Doss HavelGabe JimenezLisa LeFante

Christina Medlin McCoyJess D. Mekeel Jeff MonroeSylvia NovinskyEdd K. Roberts IIIMegan West Sherron Eric A. Snider

WAKE COUNTYBAR ASSOCIATION

W

STATE BAR COUNCILORS BLOOM SEAT (ELECT ONE)Heidi C. Bloom

RASCOE SEAT (ELECT ONE)Donna Rascoe

WILLOUGHBY SEAT (ELECT ONE)Colon Willoughby

BOARD OF DIRECTORS (ELECT SEVEN)

BADGER-IREDELL FOUNDATIONWCBA MEMBERS VOTING (ELECT TWO)Lucy Tatum Austin Jeff Gray

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DUNCAN MCMILLAN WAS BORN in Raleigh on August 25, 1952. He is the third of six children of Robert L. McMillan, Jr. and Virginia Maynard McMillan. He graduated from Broughton High, Wake Forest University, and UNC Law School. He is married to Cornelia Howell McMillan. They have a grown daughter, Campbell, and a grown son, Evan. From 1977 until the present, Duncan has been a partner with the firm of McMillan & Smith. He focuses his practice in the area of criminal defense.

Duncan demonstrates the highest ethical standards in all of his dealings. He treats opposing counsel, police officers, witnesses and court personnel with unfailing civility and courtesy. I had the honor of practicing law with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases than any attorney in the state. Though he’s skinny, Duncan has the strength and stamina of an ox. He meets with clients and attorneys from 8-9 a.m., works at the courthouse all day and meets with clients and attorneys from 5-7 p.m. He does his dictation and research at night and on weekends. His longtime legal assistant, Johanna Salcedo, manages his court calendar and appointments, opens and closes multiple files every day and talks on the phone with clients – all accomplished while maintaining her sanity.

Though Duncan has participated in organized local bar activities, such as serving as President of the Wake County Academy of Criminal Trial Lawyers and on the board of the WCBA, I believe that one of the primary reasons the WCBA awarded Duncan the Joseph Branch Professionalism Award – its highest honor – is the support and assistance that he provides to his fellow attorneys outside of any organizational structure. Steve Smith, Duncan’s law partner says about Duncan, “He is as likely to be sought out for advice by an assistant district attorney as by a criminal defense lawyer. He is widely regarded as the first person to go to with a thorny ethical issue or a question of proper procedure or an uncertainty about how a matter should be handled .... Duncan has served for decades as a trainer, guide and mentor for dozens and dozens of lawyers, new and experienced alike, as they find themselves with questions about how to properly practice law in the Wake County courts.”

Duncan not only helps attorneys that are alive, he helps attorneys that are dead. Attorney Steve Petersen, a high school friend and Duncan’s fellow Rode Hard band member, talks about the many law practices that Duncan has closed down when attorneys died or became disabled. Petersen states, “In almost all of these instances, the fees had long been collected and spent by the deceased or disabled attorney. This leaves the client in the position where, were it not for someone like Duncan, they would have to retain another attorney. Judges know that Duncan will do this, and they call him asking him to help.” Duncan’s painstaking and thankless work in handling these cases over many years has avoided numerous potential black eyes on our local bar. Duncan takes it upon himself to make sure the clients of disabled or deceased attorney get what they paid for – quality legal representation.

Any article about Duncan would be incomplete without mentioning his unique, magnetic personality and sense of humor. Duncan loves people and people love Duncan. Consequently, Duncan has license to say things that other attorneys do not. One of my favorite examples of this involved Duncan’s good friend, Wake County Magistrate Judge Jake Todd.

Judge Todd, now deceased, battled cancer many years. He once was admitted to the hospital for what everyone thought would be his final days. Miraculously, Judge Todd’s cancer went into remission, and unbeknownst to the courthouse crowd, he was discharged from the hospital. Soon after, Duncan was delighted to discover Judge Todd sitting on the bench, holding court. Without missing a beat, Duncan announced to the courtroom, “Dang Judge, if I had known you were going to live, I would have gone to see you in the hospital.” Judge Todd, a Harvard Law graduate known to take himself and courtroom decorum very seriously, would have held any other lawyer in contempt. As it was, Judge Todd enjoyed a good laugh. In an effort to provide a glimpse into what makes him tick, I posed some questions to Duncan.

WHAT DOES IT MEAN TO YOU TO RECEIVE THE JOSEPH BRANCH PROFESSIONALISM AWARD? I have not made the type of community contribution that others who have won this award have made. It is humbling, it is embarrassing. In many ways so undeserved. I am overwhelmed that I have been recognized for trying to help my clients and to help my fellow lawyers help theirs. In that respect, I suppose I have made some contribution to the profession, and have encouraged others to continue the tradition advanced by those who helped me.

WHAT MOTIVATES YOU TO SPEND SO MUCH TIME HELPING OTHER ATTORNEYS, PARTICULARLY IN VIEW OF YOUR WORKLOAD? It’s perhaps not my greatest personal flaw, but a flaw. Personal in that it adversely affects the folks I love most – my wife Cornelia, my daughter Campbell and my son Evan. “Why do you have to do that for them? Let somebody else do it.” I’ve heard them say that scores of times. Sometimes, there is nobody else. Sometimes I want to do it. And we all need a little boost up from time to time. I certainly do.

Duncan McMillan

DUNCAN ARCHIBALD MCMILLAN 2016 RECIPIENT OF JOSEPH BRANCH PROFESSIONALISM BY WILLIAM PLYLER | EDWARDS KIRBY

CONTINUED ON PAGE 4

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016 PAGE 3

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WHAT MOTIVATES YOU TO PROVIDE PRO BONO WORK TO CLIENTS? My father represented people charged with capital crimes, by judicial request, for no pay, before Gideon v. Wainwright. Some folks can pay. Some folks cannot. All deserve representation. I certainly learned a lot from my father.

WHO ARE (OR WERE, IF DECEASED) YOUR MENTORS IN THE PRACTICE OF LAW, AND DESCRIBE HOW THEY HELPED AND INSPIRED YOU? Most of the lawyers who received this award mentored me in one way or another. I think Victor Boone shook my hand the day I was sworn in to practice law. I tried cases against Wright Dixon, and with him. I also sat on a jury when Wright was defense counsel. I also hired him as my lawyer. Roger Smith always had time for me. The first case I ever tried, about a month after I was sworn in as a lawyer, was one of his cases. The problem for me in trying that case was that almost all of the lawyers I could ask for help (Roger, Wade Smith, Ray Briggs, Steve Smith, Wright Dixon, Robert McMillan, and Jim Kimzey) were 300 miles away hiking the Appalachian Trail. But their absence scared me into doing everything I could for that fellow.

I also want to mention Bob Smith. Like a fool, I filed a civil suit for a man who could not find a lawyer to handle his case. It was not much of a case, but the kind that needs somebody. Bob offered a reasonable settlement that my client refused. It turned out that I had missed some deadline, or failed to plead some cause correctly, and the case could have been dismissed. Bob walked to my office and gave me a copy of the case proving his point. I thanked him and said I would dismiss the case, and he said, “No, I will still make good on the offer.” After full disclosure, my client accepted the offer and was grateful to me. I have been ever grateful to Bob Smith.

YOU HAVE ALWAYS ENJOYED ASSOCIATING WITH ATTORNEYS WITH LARGE PERSONALITIES. WHO ARE SOME OF THESE ATTORNEYS? If you harken back to the old days – Tom Ruffin and Clem Holding. But I must confess that I loved to talk with Carl E. Gaddy Jr. Frank Jackson, Tom Farris (deceased), George Barrett and Greg Stott can tell you about Carl.

PLEASE TALK ABOUT ONE OR TWO OF YOUR MORE INTERESTING CASES. There have been scores. But I don’t think I’ve enjoyed working on a case more than the Ralph “Okra” Evans murder trial that I tried with Ray Goodmon 10 years after he retired. Ray’s brother-in-law is a pathologist, and I kept asking Ray to ask him about the medical reports I had received in discovery. Finally, I just asked Ray to try the case with me. He did, and “Okra” was found not guilty of murder.

There were cases with Mike Dodd, Tommy Manning, Rick Gammon and Kyle Hall, but most of all, any one of the many cases I tried with Mark Perry. Well, I’m here to tell you, the best friend I have in the bar – and I have several – is Mark Arrington Perry. He and I have tried murder cases, rape cases, child sex offense cases, vehicular homicide cases – you name it. And every one was interesting. And none would have turned out as well if Mark had not been there to nudge me in the right direction or to pick up the ball that I had dropped.

And there was the Patrick Arrington case in Nash County. Tommy Moore asked me to help him, because he had never tried a capital case. It was a tale of wonder, really. The case was a microcosm of the racial, social and economic history of Nash County. Our client was the son, grandson and great grandson of African-Americans who had worked

as tenant farmers for the victim’s family for three generations. When the trial started, the tension between the families was clearly evident. Half the courtroom was wealthy white gentry and the other half was struggling, hard-working black folks. Animosity flowed between the sets of families.

By the fourth day of trial, we had proved our point. Our client was not the “trigger man,” and the state had cut a deal with the wrong co-defendant. For the remainder of the trial, the two families mingled like the old friends they were, sharing picnics at lunch time on the courthouse square and praying together before and after court sessions. It was a beautiful display of human nature, with love and mercy rising to the top.

WHAT MAKES A GOOD CRIMINAL DEFENSE ATTORNEY?A modicum of intelligence. A broad educational background. Genuine concern for the less fortunate. Hard work. Courtesy and respect for others.

WHAT MAKES A GOOD PROSECUTOR?A sense of justice. An open mind. Integrity and the backbone to support justice in spite of the public’s – or the individual victim’s – emotional protest.

WHAT MAKES A GOOD JUDGE? Ask Sandy McKinnon, Hamilton Hobgood, Jack Thompson or Tom Lee. There are many great judges. Years ago, there was a policy encouraging all superior court judges to visit Central Prison. Harry Cannady, a fair judge but a harsh sentencer, refused to participate in those tours. The story goes that Hamilton Hobgood remarked, “Harry, if you would take the time to see what life is like in Central Prison, you would not be so quick to give out so much time.” A good judge should have an understanding of the role, the perspective, and the obligation of each party and attorney that appears before her. It’s a tough job.

WHAT DO YOU LIKE TO DO IN YOUR SPARE TIME?I love to hang around Riverton (a small community in Scotland County on the Lumber River). I love to burn a brush pile, fish and stroll through fields looking for Indian artifacts. Even a flake conjures up the image of a human being hundreds of years ago striking a blow to improve his life, to survive – to provide for his or her clan. The continuity of life that a projectile point represents sort of makes me shudder, thinking of others struggling centuries ago to survive and improve their conditions. I also enjoy reading. My favorite author is generally whoever I am reading at the time. It might be Carl Hiassen, Stephen Hunter, Gabriel Marquez or David McCullough, or it could be Mark Twain or O’Henry.

I KNOW YOU LIKE TO COOK. WHAT IS IT ABOUT COOKING THAT YOU ENJOY?I do love to cook, and I recognize the need for it. My favorite meal is probably field peas, butter beans, creamed corn, fried okra, squash and onions, sliced tomatoes and cucumbers with onions. I do it at Riverton and on fishing trips (this year Mullet Masters celebrate 40 years of trips to the coast for surf fishing), both because I enjoy it and because somebody has to do it. But I like to show the young folks, children, nieces and nephews, how to cut the corn, how much fatback to use and how to bread the okra, because I won’t be around forever.

I like to serve supper to 25 people. But the kids need to know that this stuff don’t just happen. Somebody’s got to put in the time, the care, the history and the love to do it right. WBF

DUNCAN ARCHIBALD MCMILLAN CONTINUED FROM PAGE 3

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016 PAGE 4

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NED W. MANGUM

Wake County District Court JudgeUNC School of Law, 1998

WCBA/Tenth JD Bar Activities: Chair, CLE Committee, 2012-present; Board of Directors of the WCBA/Tenth Judicial Bar, 2009-2010; Member, Professionalism Committee, 2001-present; Annual Speaker, Criminal Law CLE, 2005-present; Speaker, Criminal Discovery Law CLE 2004; Speaker, Civil Law Update CLE, 2013, Member, Bar Candidate Interview Committee, 2006; President’s Award for Service to the CLE Committee, 2014; Participant in the WCBA US Supreme Court Swearing in Ceremony, 2016; Speaker, Bridge the Gap program.

Other Bar-related Activities: Member, Wake County Criminal Justice Operations Committee, 2009-present; Past member, Board of Governors of the District Court Judge’s Association, 2014-2105; Past member of the Education Committee of the District Court Judge’s Association, 2013-2015; Past member of the Wake County Domestic Violence Partnership Committee, 2009-2014; Past member of the Wake County Criminal Justice Partnership Committee; Past member, NCBA’s Criminal Section Council; Speaker, Ethics and Criminal Discovery CLE for the NC Conference of District Attorney’s, 2007; Speaker, Personal Security CLE for NC Conference of Elected District Attorney’s, 2014; Speaker, Personal Security for Attorneys CLE, Georgia District Attorney’s Association, 2014; Faculty member, Train the Trainers program for the NC Conference of District Attorney’s, 2013; Annual panelist of Ethics and Professionalism for the New Prosecutor’s School; Professor of Criminal Law, Family Law, Civil Litigation, Meredith College Paralegal Program, 2006-present.ADAM M. GOTTSEGEN

Nicholls & Crampton, P.A.Wake Forest University School of Law, 2002

WCBA/Tenth JD Bar Activities: Wake County Bar Association Treasurer 2015-16; Wake County Bar and Tenth Judicial District Board of Directors 2013-15; Professionalism Committee; Wake County Bar Awards/Legal Aid Fundraiser Committee (2014-16); Wake County Bar Awards Sponsorship Chair (2015-16); Tenth Judicial District Fee Dispute Committee Mediator (2015-16).

Other Bar-related Activities: NCBA Bankruptcy Section Council Member 2013-16; Speaker/Presenter Bankruptcy and Real Property Law (January 2014 and October 2015).

MARIA M. LYNCH

Lynch & Eatman, L.L.P. UNC School of Law, 1979

WCBA/Tenth JD Bar Activities: North Carolina State Bar Councilor 1993-2001; Wake County Bar Association and Tenth Judicial District Board of Directors 2012-2013; Past Member and Chair, Tenth Judicial District Grievance Committee; Past Member and Chair, Professionalism Committee; Past Member, Memorials Committee and Nominations Committee.

Other Bar-related Activities: Member, North Carolina Bar Association Task Force to Study Internet Practice of Law; Member, Estate Planning and Fiduciary Law Section, Unauthorized Practice of Law Subcommittee of the North Carolina Bar Association Estate Planning and Fiduciary Law Section; Past Chair, Estate Planning and Probate Law Committee of North Carolina State Bar Board of Legal Specialization; Member, North Carolina Bar Association Estate Planning and Fiduciary Law Section Council (multiple terms) and past chair of its Ethics Committee; Past Member, Estate Planning and Fiduciary Law Section Technology Committee

PRESIDENT-ELECT ELECT 1 OF 2 CANDIDATES

TREASURER ELECT 1 OF 1 CANDIDATE

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016 PAGE 5

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KEITH O’BRIEN GREGORY

Wake County District Court JudgeNorth Carolina Central University, 1994

WCBA/Tenth JD Bar Activities: Board of Directors (2009-2011), Fee Dispute Resolution Committee Member (2005-2006), Keynote Speaker, WCBA Rule of Law Program.

Other Bar-related Activities: North Carolina Association of District Court Judges, Secretary (2015-present); North Carolina Rules Review Commission – Commissioner (2007-2009); North Carolina State Bar Continuing Legal Education Committee Board Member (2004-2008); Wake County Arbitrator for Civil Claims (2006-2010).

DAVID K. BAKER

Solo PractitionerNorth Carolina Central University School Law, 2007

WCBA/Tenth JD Bar Activities: Membership Services Committee (2013-2015) (Vice Chair 2014); Leadership Development Committee (2014 to present).

Other Bar-related Activities: Other Bar-related Activities: NC Advocates for Justice, NCCU School of Law Intra-School Trial Competition Judge, Clifton W. Everett, Sr. Community Lawyer Fellowship, Legal Aid of North Carolina (2007).

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

LISA ANGEL

Rosen Law FirmWake Forest University, 1993

WCBA/Tenth JD Bar Activities: WCBA Public Service Committee; WCBA Bar Awards Committee; Lawyers Read Volunteer (Olds Elementary School); WCBA Public Service Festival Volunteer; WCBA Board of Directors (2001-2004).

Other Bar-related Activities: Co-Chair and Founding Board Member, Project Together, Wake County domestic; violence pro bono project (1998-present); Women in the Profession Committee, North Carolina Bar Association, current; NCBA 4ALL volunteer; Campbell Connections Mentorship program (2015); Chair, Membership Committee, North Carolina Bar Association (2010-2012); Chair, North Carolina Domestic Violence Commission (2005-2010); Member North Carolina Domestic Violence Commission (2002-2005); Chair, Domestic Violence Committee, North Carolina Bar Association Family Law Section (2003-2004); Chair, Domestic Violence Committee, North Carolina Bar Association, Young Lawyer Division (1995-2003); Wake County Volunteer Lawyers Program Advisory Board (1998-2000); Legal Services of North Carolina’s Domestic Violence Initiative advisory committee (1999-2002); Co-Chair Wake County Family Lawyers (1994-2002).

ELECTIONS

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016 PAGE 6

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

MEGHAN N. KNIGHT

SAS UNC School of Law, 2006

WCBA/Tenth JD Bar Activities: Secretary of WCBA/Tenth Judicial District (2016); Lawyers Support Com-mittee (Chair 2013-2015; Co-Chair 2012, Member 2010-2015); Lunch with a Lawyer (2007-present); YLD Education Subcommittee (2007).

Other Bar-related Activities: North Carolina Bar Association, Minorities in the Profession Committee (2010-2016); Leadership Council on Legal Diversity Success in Law School Mentoring Program (2013-14); Defense Research Institute (Member 2007-2014); NC Association of Defense Attorneys (Member 2007-2014); Association of Corporate Counsel (Member 2014-present); Lawyer on the Line volunteer; Call4ALL volunteer.

CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS

JEFFERSON G. GRIFFIN

Wake County District Court JudgeNorth Carolina Central School of Law, 2008

WCBA/Tenth JD Bar Activities: Fee Dispute Resolution Committee (past member), Campbell Connections Mentor Program, WCBA Lawyers League Basketball, WCBA Lawyers League Softball, Lunch with a Lawyer program, Rule of Law Program.

Other Bar-related Activities: Susie Sharp Inn of Court, Past President Lenoir County Bar Association 2009, Campbell Law Extern Program.

SECRETARY ELECT 1 OF 1 CANDIDATES

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ELECTIONS

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

PAGE 7

AIDA DOSS HAVEL

Law Office of Aida Doss Havel & Separating Together UNC School of Law, 1984

WCBA/Tenth JD Bar Activities: Original Bench/Bar Transitional Family Court Committee (2002); Wake County Family Court Improvement Committee (2007-present); Capital Area Teen Court (2013-2014); with the Honorable Jennifer M. Green, created and implemented a new volunteer court to mediate custody claims in domestic violence cases (2013-2014); with the Honorable Christine M. Walczyk, created and implemented a new volunteer court to mediate miscellaneous claims in Family Court (2015); breakfast presentation to WCBA on civil collaborative law (2015); presentation to Wake County Bar Professionalism Committee and recipient of that committee’s Spotlight Award (2016).

Other Bar-related Activities: Participant, NCBA’s 4ALL Day of Service (2009, 2010, 2012, and 2014); NCBA Dispute Resolution (DR) Section Council member (2014-present); NCBA Dispute Resolution Civil Collaborative Committee (member, 2014-2016; Co-Chair, 2016-present); multiple presentations on alternative dispute resolution and collaborative practice to NC Central School of Law, Campbell School of Law, Charlotte School of Law, and NCBA CLE programs (ongoing); featured presenter at Global Collaborative Law Council in Dallas, Texas (2015); Women’s Center Legal Hotline volunteer (1990-2002).

LISA LEFANTE

Bender LeFante Law Offices, PCCornell Law School, 1989

WCBA/Tenth JD Bar Activities: Swearing-In Committee, Co-Chair (2013-present), Member (2011-present); Bar Interview Committee, Member (2011-present), Grievance Committee, Member (2016-present).

Other Bar-related Activities: NCBA Membership Committee, Member (2010-present) NCBA Family Law Section, Membership Committee, Co-Chair (2012-present), Member (2009-present), Volunteer, Wake County Domestic Violence Custody Court, (2014-present), NCBA 4ALL Committee, Member (2016-present), Volunteer (2012-present), 2012 NCBA Economic Survey Task Force, Member.

CHRISTINA MEDLIN MCCOY

Solo PractitionerUNC School of Law, 2005

WCBA/Tenth JD Bar Activities: Social Committee (2015); Bench-Bar Committee (2011, 2012, co-chair 2014); Leadership Development Committee (2015-2016); CLE Committee (2011, 2012, 2013, 2014); Social Committee.

Other Bar-related Activities: Capital City Lawyers Associations, NC Advocates for Justice, NC Bar Association.

CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS

GABE JIMENEZ

Jimenez Law Offices, PLLCFlorida State University College of Law, 1997

WCBA/Tenth JD Bar Activities: Leadership Development Committee (2014-present); Sponsorship Committee (2011-present ); Strategic Planning Committee Retreat (2015); WCBA Golf Tournament Chair & Athletics Committee (2010-2014); Bar Applicant Interviewer, and participant in Lunch with Lawyer and Lawyers in Schools programs.

Other Bar-related Activities: Governor’s Advisory Council on Hispanic/Latino Affairs (2010-2012); 2008 Pro Bono Impact Award by Business Leader Media; NCBA Board of Governors (2004-2007); NCBA Hispanic/Latino Lawyers Committee (Chair 2001-2003); & NC Advocates for Justice Hispanic/Latino Legal Issues Division Chair & Seat on Board (2000-2002).

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

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BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

PAGE 8

JESS D. MEKEEL

N.C. Department of Justice (Criminal Division)William & Mary Law School, 2006William & Mary Law School, 2006WCBA/Tenth JD Bar Activities: Swearing-in Ceremony Committee (Co-Chair 2015-2016, Vice-Chair 2014, Member 2011-2014, Coordinator Fall 2013 Ceremony); Grievance Committee (2016); Fee Dispute Resolution Committee (2015-2016); Strategic Planning Committee (2015); Bar Candidate Interview Committee (2009-2014, 2016); Bench Bar Liaison Committee (2012-2014, 2016); Athletics Committee (2013); Mentor for Campbell/WCBA “Connections” Mentoring Program (2014), Participant in WCBA Athletics (2006-2014, 2016).

Other Bar-related Activities: Wake County Juvenile Crime Prevention Council (2013-2016); Proctor for NC Bar Examination (2008-2016); NCBA Bench Bar Liaison Committee (2011-2012); Coach for NCCU Law Moot Court Team (2015); Judge or Brief Grader for Campbell Moot Court Competition (2008, 2010, 2014-2016); Judge for UNC Moot Court Competition (2008, 2013).

JEFF MONROE

Miller & Monroe, PLLCUNC School of Law, 2009

WCBA/Tenth JD Bar Activities: Athletics Committee (Vice-Chair 2015-present, Member 2011-present), Lunch with a Lawyer (2016).

Other Bar-Related Activities: Campbell Law Connections Mentor Program (Mentor 2014-2016), NCBA Litigation Section.

EDD K. ROBERTS III

Roberts Law Office, PANCCU School of Law, 2000

WCBA/Tenth JD Bar Activities: Tenth Judicial District Grievance Committee (2015-present); Professionalism Committee (2014-Present); Participant, Lunch with a Lawyer (2003-2005); Participant, YLD Silent Partners (2003-2005); Participant, YLD Annual Clothing Drive and Habitat for Humanity Service Day (2001-2003).

Other Bar-related Activities: Member, NCBA (2003-present); Attorney Advisor, Millbrook HS- NCAJ Wade Edwards Mock Trial Competition (2004-present); Member, NCAJ (2008-present); Volunteer, Capital Area Teen Court (2004-2014); Board Certified Specialist in State Criminal Law, NC Bar (2012-present).

ELECTIONS

CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS

SYLVIA NOVINSKY

NC Equal Access to Justice Commission (Director, NC Pro Bono Resource Center)American University, Washington College of Law, 1992

WCBA/Tenth JD Bar Activities: Public Service Committee (2016).

Other Bar-related Activities: 19+ years experience coordinating UNC School of Law Pro Bono Program; Former Chair, NCBA Public Service Advisory Committee; Former Chair, NCBA Latino Affairs Committee; Served on NCBA 2011-12 Pro Bono Strategic Planning Task Force; Current Member, NCBA Pro Bono Activities Committee; Adjunct Professor UNC School of Law (Leadership for Lawyers; Spanish for Lawyers).

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

MEGAN WEST SHERRON

Campbell Law SchoolCampbell Law School, 2010

WCBA/Tenth JD Bar Activities: WCBA Young Lawyers’ Division Law Student Services committee chair; Connections Mentorship program director.

Other Bar-Related Activities: Wake Women Attorneys; NCBA Membership Committee.

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ELECTIONS

ERIC A. SNIDER

Smith Moore Leatherwood, LLPUNC School of Law, 2007

WCBA/Tenth JD Bar Activities: Vice-Chair, WCBA Bench-Bar Liaison Committee (2016); Wake County Bar Awards/Legal Aid Fundraiser Committee, Social Media Chair (2015); Co-presenter, “Employment Law Overview: FMLA, ADA, and an Overview of Federal and State Wage and Hour Laws,” CLE to Wake County Bar Association members on June 2, 2015; WCBA member (2011-present).

Other Bar-related Activities: Chief Justice Susie M. Sharp Inn of Court (2013-present); North Carolina Business Committee for Education (2013-present); North Carolina State Bar Interview Candidate Committee (2012-present); North Carolina Association of Defense Attorneys (2011-present); Federal Bar Association (2014-present); Defense Research Institute (2007-present); Super Lawyers Rising Star (2014-2016); Martindale-Hubbell AV rating (2015-present); Board of Directors, Henderson Collegiate Charter School (Vance Co.) (2015-present).

CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

LUCY TATUM AUSTIN

NC Industrial CommissionCampbell Law School, 2008

WCBA/Tenth JD Bar Activities: Badger-Iredell Foundation (2014-present); WCBA Communications Committee (2014-present); Bar Flyer Editor (2010-2013).

Other Bar-related Activities: NCBA, Law-Related Education Advisory Committee (2009-present); Co-chair (2015-present); NCBA, Communications Committee (2013-present), NCBA, YLD -Newsletter Editor (2011-2014); Military Issues Co-chair (2014-16), Division Director (2016-present).

BADGER-IREDELL FOUNDATION ELECT 2 OF 2 CANDIDATES

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016 PAGE 9

JEFF GRAY

Bailey & Dixon, LLPCampbell University School of Law, 1985

Other Bar-related Activities: Member, North Carolina State Bar, 10th Judicial District Bar, Eastern, Middle, and Western District of North Carolina Federal Bars, 4th Circuit Court of Appeals Bar, and United States Supreme Court Bar. Member, American Bar Association, North Carolina Bar Association (Administrative Law Section, Government & Public Sector Section, and Zoning, Planning & Land Use Section, Foundation Development Committee and Endowment Committee), and Wake County Bar Association. Commissioner, Administrative Rules Review Commission (2001-2003; 2003-2011).

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HEIDI C. BLOOM

Wyrick Robbins Yates & Ponton, LLPWake Forest University, 1995

WCBA/Tenth JD Bar Activities: Councilor, Tenth Judicial District (2014-present); WCBA Board of Directors (2011-2013), Tenth Judicial District Grievance Committee (Member 2009-2011; Vice-Chair 2012; Chair 2013), Athletics Committee (2000-2004).

Other Bar-related Activities: NCBA Family Law Section Council Member (2008-2011), NCBA Family Law CLE Committee(Member 2004-2010; Vice-Chair 2011-2013; Chair 2013-2016); NCBA Family Law Council Ethics Co-Chair (2016-present); Past Editor, North Carolina Bar Association Family Forum; Wake County Family Court Rules Committee; Speaker and/or course-planner for numerous NCBA CLE’s.

BLOOM SEAT UNCONTESTED

CANDIDATES FOR STATE BAR COUNCILORS

WILLOUGHBY SEAT UNCONTESTED

COLON WILLOUGHBY

McGuire WoodsCampbell University, 1979

WCBA/Tenth JD Bar Activities: Councilor, Tenth Judicial Dis-trict (2014 – present). Past Director and Social Chairman, Professionalism and Professionalism Award Committee, Joseph Branch Award 2010.

Other Bar-related Activities: State Bar Council 1998-2006, Disciplinary Hearing Commission 2007-2011, NCBA Peter Gilchrist Award 2011, Fellow of American College of Trial Lawyers, Board of Directors National District Attorneys Association 1997-2002, Past President of Wake County Academy of Criminal Trial Lawyers, Past President of NC Conference of District Attorneys 1992.

RASCOE SEAT UNCONTESTED

DONNA RASCOE

Cranfill Sumner & HartzogUniversity of North Carolina, 1993

WCBA/Tenth JD Bar Activities: State Bar Councilor (2010-present).

Other Bar-related Activities: NC Bar Association: Education Law Section Council (2003-2006); Education Law Section; Membership Committee (2000-2001); Speaker: Law Institute for Teachers (2008 and 2010); Young Lawyers Division Scholarship Committee, Pen Pal Program and Silent Partners Program

PAGE 10WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

ELECTIONS

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PAGE 11

ARE YOU PROMOTING YOUR SERVICES on a website, social media platform or otherwise over the internet? The vast majority of attorneys who market their legal services do so online. But how many of those attorneys sit down and study the Rules of Professional Conduct (RPCs) and ethics opinions before launching an online presence? Many don’t realize the advertising RPCs apply to all online communications about your services. One misstep in advertising can lead to a grievance – and it’s your competitors who are reporting your non-compliant ads, not your clients.

In addition, compliance is not as simple as following the Rules. For example, did you know that the Ethics Committee has interpreted Rule 7.1 to prohibit use of truthful testimonials that reference a dollar amount obtained through the attorney’s services? The advertising rules and ethics opinions are not necessarily intuitive, and simply knowing that you cannot make a false or misleading communication is not enough. In the last several years, there have been a series of formal ethics opinions pertaining to online marketing. Failure to keep track of these opinions can be a trap for the unwary or an ethical mine field.

The following provides a short bullet point summary of what you can and cannot do concerning online marketing:

THE DO’SThe following are generally permitted provided that the marketing also complies with the general standards for accurate, truthful statements and other requirements of Rules 7.1- 7.5:

· Including case results on your website or other marketing materials, provided they are factually accurate and contain an appropriate and “prominently displayed” disclaimer. 2009 FEO 16;

· Using client testimonials that discuss results, so long as there is no reference to specific dollar amounts, you include an appropriate and conspicuous disclaimer, and you obtain the client’s consent before posting. 2012 FEO 1;

· Using client testimonials with “soft endorsements” about the attorney’s level of service, attentiveness, responsiveness, even without any disclaimer. 2012 FEO 1;

· Requesting that clients post reviews or testimonials on social media and similar sites. 2012 FEO 1 and 2012 FEO 8;

· Accepting or sending an invitation to connect on LinkedIn, a “like” on Facebook, or similar invitation to or from a judge, unless you are in proceedings before the judge at the time it is sent. 2014 FEO 8;

· Accepting a social media endorsement or recommendation from persons other than judges, as long as they are truthful and not misleading. 2014 FEO 8, Op. #5; and

· Sending a social media endorsement or recommendation for a sitting judge, unless you are appearing before the judge at the time. 2014 FEO 8, Op. #3;

THE DON’TSThe following are generally prohibited by the RPCs or Ethics Opinions:

· Posting client testimonials that reference verdicts or settlement with specific dollar amounts. 2012 FEO 1;

· Accepting a social media endorsement from a sitting judge, even if the person became a judge after you accepted the endorsement. 2014 FEO 8, Op. #4 and 6;

· Accepting an endorsement through LinkedIn or other social media platform for an area of law in which you don’t practice as it could be misleading. Rule 7.1(a);

· Giving anything of value for an online endorsement or recommendation. Rule 7.2;

· Using reviews for hire to post testimonials, reviews or other endorsements that are not based on truthful and real experiences;

· Asking or allowing a client or other person to post a review, testimonial or other endorsement containing language that you could not post yourself; and

· Responding to a negative client review online by breaching client confidentiality. There is no exception under Rule 1.6 for this type of disclosure.

If you are going to have an online presence, make sure to check your website and social media profiles regularly. It’s easy to post them and forget about them. You must maintain current and accurate information on a website, online profile or social media platform over which you have control to avoid making false or misleading communications. Rule 7.1. If you claim your profile on AVVO or other similar platform, you are deemed responsible for the accuracy of information contained on the site. See 2012 FEO 8 and 2014 FEO 8. If there is an improper testimonial, and you have any ability to control the website or content of the social media platform, you should take steps to address it. See 2012 FEO 1 and 2012 FEO 8.

The above is intended to be a very general overview of important issues in online marketing and is not a comprehensive discussion of issues in this area. The bottom line: before marketing online, it is essential to review the Rules, opinions, authorities cited above – or seek advice about ethical compliance. WBF

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

THE ETHICAL DO’S AND DON’TS OF ONLINE MARKETING BY DOUG BROCKER | THE BROCKER LAW FIRM, PA

Page 12: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

Pop Archie, Mr. Bourne, Mr. Clark and Mr. Quarles were all charismatic gentlemen in their own right. Mr. Bourne might’ve been somewhat more eloquent in his speech; Mr. Clark would at times become more animated than the others; and Mr. Quarles was larger in stature but had a quiet presence that commanded attention even when he wasn’t talking. They were collectively fond of storytelling and recounting general life experiences. Sometimes the stories would become a bit embellished. Daddy used to say when the group got together that “the first lie don’t stand a chance.” I remember distinctly as a little boy in the shop hearing Pop Archie recount a game where he swears the Redskins scored three touchdowns in the final minute to beat their rival that day. I was clearly oblivious to the incredible quality of some of the tales. As a youngster, when I relied on my father to take me to get a haircut, and even later as a teen when I was free to drive myself, I often hung on their every word. They would talk about a myriad of topics: sports, cars, politics, womenfolk, hunting, etc. I don’t remember the details of all the stories. Nor do I remember the punchlines of the many jokes. There is, however, one thing that became etched in my brain in that little barbershop: the importance of voting.

Looking back, I can only surmise the motivation for their passion regarding the franchise. It wasn’t a very popular notion for a black man to exercise his right to vote during their lifetime. I heard firsthand the stories of their treatment upon returning home from World War II and the anecdotes didn’t always depict the level of fairness we would expect to see given to men who had served our country. Maryland, while viewed from the deep South as a northern state, is still below the Mason-Dixon Line and was not immune from the Jim Crow climate of their times. Interestingly, two of the most well-known slaves from the antebellum period were Harriet Tubman and Frederick Douglass, and both escaped to freedom from Maryland. While this seasoned crew never discussed whom they voted for, they did champion the responsibility – the duty even – to encounter any hardship required to exercise the right to vote.

As I grew older and appreciated the historical context of their situation, my knowledge only reinforced their message regarding the obligation to vote. Sure the 15th Amendment to the U.S. Constitution facially guaranteed the right to vote to all citizens, but it wasn’t until the Voting Rights Act of 1965 and ensuing protracted litigation that many African-Americans were armed with the protections that secured this constitutional right for them. Even this landmark legislation was achieved at the cost of unthinkable cruelty to many. The images of “Bloody Sunday” and the Edmund Pettus Bridge in Selma, Alabama serve as an indelible illustration for history-conscious individuals, both black and white. My dear friend Mark Finkelstein told me that his father was in Selma in the wake of that incident, and I’ve yet to pick his brain on the accounts he was given but I’m looking forward to the discussion. This space is too narrow to recount the early 20th Century struggles of women to secure the franchise, or before that the slow expansion of voting rights beyond the initial restricted class of wealthy landowners. The point is that tremendous sacrifices have been made by an immeasurable number of right-thinking people to afford us a privilege that far too many of us take for granted.

So, in this election season, I’m imploring you to instill in your family, friends and professional circles the lesson that was imparted to me by my uncle and his cohorts. It’s not my place to tell you whom to vote for, nor is it my or anyone else’s business for whom you choose to “pull the lever.” However, the fact that you exercise your right to vote is my business, since I was trained up by some of the very individuals who sacrificed so much to acquire and preserve it. Nothing should prevent you from voting. The right to vote isn’t yours to play with. It belongs to those who made it a reality for you and me. They endured too many indignities for us to ignore such an awesome responsibility. If you watched the presidential debates in 2012, you likely heard Bob Schieffer utter my current favorite quote about voting. He attributes it to his mother. He said, very simply, “Go vote – it makes you feel big and strong.” WBF

PRESIDENT’S COMMENTS CONTINUED FROM THE FRONT PAGE

PAGE 12WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

BarCARESDid you know that BarCARES also has resources for career counseling? Don’t hesitate to call — no problem is too big or too small. We have a program ready to help you and your immediate family. Call 919.929.1227 or 1.800.640.9735

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PAGE 13

HONORING JUDGE MANNINGVERNON MALONE FRIEND OF EDUCATION BY JOHN MABE | NEXSEN PRUET, LLC

I SERVE ON THE LEADERSHIP COUNCIL of WakeEd Partnership and have been involved with this 33-year-old nonprofit for quite some time. WakeEd exists because the business community saw then, and continues to see now, the importance of having a conduit for their voice to be heard on public education issues in Wake County. WakeEd works through the business community to strengthen our Wake County Public School System, while remaining independent from it. They have programs that support our teachers through professional development in STEM and a teacher innovation grants program. They have programs that support early childhood literacy – our Partners Read program being one of those. And they advocate and champion certain causes that have an impact on education policy for our public schools.

Each October, WakeEd Partnership hosts its Stars of Education dinner and celebration to honor those who have worked tirelessly to make sure our public schools are ever raising the bar toward higher excellence. This year, on October 12 at the Raleigh Marriott City Center at Stars of Education, WakeEd presented their Vernon Malone Friend of Education Award to Judge Howard Manning Jr.

Most of you either know Judge Manning personally, or have certainly heard of his contributions to public education. He is a most deserving recipient of this award. I know you will want to join me in congratulating Judge Manning.

John MabeNexsen Pruet, PLLC

Judge Howard Manning Jr.

WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

HOW TO REPRESENT A CHILD IN A CUSTODY ACTION Location: Campbell Law School, Raleigh, Date: October 20, 2016 from 2 to 6 p.m. Email [email protected] by October 17, 2016 to registerSponsored by The Child’s Advocate, Legal Aid of North Carolina3.5 hours CLE credit (pending approval)Cost: $25; Mail check to P.O. Box 106, Raleigh, NC 27602

Please consider attending and learning more about this noble and worthwhile advocacy opportunity. Children are too often forgotten members of our society but are more affected by the lives of the adults around them than we realize. They need someone to help give them a voice and you could be that person!

Page 14: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

230 Fayetteville Street, Suite 100 // 919.723.2300 // NorthStateBank.com

Downtown.

Right around the corner.

The right bank for you.Serving attorneys and practices across Wake County at a higher level.

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PAGE 15WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

CAMILLE STELL is the Vice President of Client Services and Troy Crawford is a claims lawyer for Lawyers Mutual. Continue this conversation by contacting Camille at [email protected] or Troy at [email protected] or 800.662.8843 for an in-house presentation on Cyber Security. Contact Adam Pierce, AAI, Director of P&C Operations with Lawyers Insurance for information on cyber insurance policies at [email protected].

WIRE INSTRUCTION FRAUD PLAGUES NC LAWYERS BY CAMILLE STELL | LAWYERS MUTUAL

OVER THE LAST FEW WEEKS, Lawyers Mutual has received multiple reports of North Carolina attorneys who were targeted by scammers attempting to divert seller closing proceeds following real estate transactions. Unfortunately, several of these attacks were successful and hundreds of thousands of dollars were stolen and are very unlikely to be recovered. I’ve asked our claims attorney, Troy Crawford, to talk with me about the attacks.

WHAT WENT WRONG AND HOW CAN WE PREVENT IT?While the details of the recent scams are emerging, it appears hackers first became aware of the closing by compromising email accounts of differing parties. Sometimes the attorney account was compromised, sometimes the Seller’s account was compromised but the most common scenario was the Realtor’s account was being monitored by international criminal organizations. SOUNDS SCARY. HOW DOES THIS SCAM WORK? The foreign-based hackers would observe the account, likely for several weeks, and only actively intervene once an understanding of the business practices were obtained and a significant wire was to be produced. In the interim, the unsuspecting Realtor would continue to use the account unaware his or her client and the closing attorney were being set up to be robbed. WHAT CAN LAWYERS DO TO AVOID FALLING VICTIM TO THE LATEST SERIES OF SCAMS? EVERY wire request should be verified and the more personal the verification, the better. The best way to verify wiring instructions is to have the Seller sign the wiring instructions at the closing ceremony in the presence of the attorney. We know of no wire fraud which has taken place when this has occurred, and even if it did, the closing attorney would likely be insulated from liability by the doctrine of contributory negligence. If the Seller is unable to attend the ceremony we recommend the wiring instructions be included in the same package in which the deed is delivered. In these situations, have the Seller sign wiring instructions and have the signature notarized if possible. Even then, we recommend the Seller verify the closing instructions over the telephone via a call initiated by the law office using contact information from very early in the file prior to any discussion of proceeds and wires. Confirming a telephone call verification via email is a good practice and a great way to document the file. However, an email verification alone is inadequate. If at all possible, do not accept changes to wiring instructions.

MANY PROFESSIONALS ARE STILL USING FREE EMAIL SERVICES SUCH AS GMAIL, YAHOO, AOL.COM, AND NC.RRR.COM. WHAT ARE YOUR THOUGHTS ABOUT THE RISK WITH THESE FREE SERVICES? If wiring instructions are attached to an email from a free email service (gmail, yahoo, aol.com, nc.rrr.com, etc.) they should be assumed to be fraudulent and extra diligence should be taken in verifying their authenticity. Sometimes hackers will set up an alias account with a very similar name (frequently dropping or swapping letters) to send modified instructions so the authentic user is not aware of their presence. Examining the account name in detail is a good idea; however, as the hacker already has access to the original account, he or she may be not take this step and will use the same account that all other correspondence used.

Attorneys should be using secure email. Secure email essentially means that an email travels from sender to recipient without interruption, alteration, or interception. It allows the recipient to be sure of the sender’s identify and the validity of any attachments to the email. Most free email services do not offer these protections that you pay for with secure email providers. In addition, free email services are likely non-complaint with the ALTA Best Practices because of these major security concerns and the emails are likely being mined for data by their providers in violation of Rule 1.6 of the Rules of Professional Conduct.

CONTINUED ON PAGE 16

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WIRE INSTRUCTION FRAUD CONTINUED FROM PAGE 15

If you are currently using a free service, immediate action should be taken to find a more secure and professional alternative. In the interim, it is possible to see when and from where the free account was recently accessed. Here is a link explaining how to do it for gmail accounts: http://www.groovypost.com/howto/check-gmail-login-activity/. Other services should have similar abilities. If you see suspicious activity, please immediately change account passwords and contact your professional liability carrier along with your cyber or crime carrier.

WHAT ARE SOME OTHER RED FLAGS? Be very suspicious of wires going to any account that is not in the name of the Seller. Also, be suspicious of any account with a geographic location different than the Seller. Why is a North Carolina Seller relocating to New York sending a wire to Wisconsin? There are some reasons for the different names and odd locations, but these are red flags which should be explored in detail (and not via email).

Do NOT send wires overseas. Once money leaves the United States, it is likely gone forever.

Finally, regularly change your passwords.

While these policies appear harsh, hacking crimes can be devastating to a law firm’s finances and reputation. Explaining the policy up front to your clients is a good way to limit negative actions. Also, be sure to share this information with your support staff. Many paralegals are on the front line of communications concerning closing instructions.

Below is sample language Lawyers Mutual recommends to be included in your Seller engagement letter:

FUNDS AVAILABILITY POLICYIt is our goal to make real estate commission checks and funds available as soon as practical following closing. However, NC State Bar Rules expressly prohibit disbursing any closing funds prior to recording. Should you request funds be wired, our office can accommodate the request for a fee of $___.00. In order to prevent fraud and protect your proceeds, all wiring instructions must be will be verified and you will be required to sign the instructions at the closing ceremony. THIS OFFICE WILL NOT ACCEPT CHANGES TO WIRING INSTRUCTIONS. WBF

October 27 | WCBA Scholarship Golf Tournament 9:30 a.m. @ Heritage Golf Club, Wake Forest

November 1 | WCBA ~ November Luncheon 12:15 p.m. @ The Glenwood Club (Originally the Women’s Club) Duncan McMillan will be honored with the 2016 Joseph Branch Professionalism Award.

November 3 | Wake County Bar Awards Mentorship. Marsupials. Mirth. 5:30 p.m. Slient Auction, Food and Drinks. 7 p.m. Curtain, N.C. Museum of History

November 16 | Campbell Breakfast Discussion Series 7:30 a.m. @ Campbell School of Law. NC LAP program, one-hour Substance Abuse and mental health CLE brought to you by the Lawyer Support Committee.

December 2 | WCBA Holiday Party 7-11 p.m. at the Crabtree Valley Marriott. For WCBA Members and their guests only.

December 6 | Tenth Judicial District Bar Annual Meeting and Elections 12:15 p.m. @ North Raleigh Hilton December 9 | Memorial Service 2 p.m. @ Wake County Justice Center, Courtroom 701

January 3 | WCBA ~ January Luncheon 12:15 p.m. @ The Glenwood Club. NCBA President Kearns Davis will be the speaker.

WCBA CALENDAR OF EVENTS

PAGE 16WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

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PAGE 17WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

2016 North Carolina Leaders In The Law Honorees Announced

Lawyers Weekly honored 2016 North Carolina Lead-ers in the Law honorees last month at The Glenwood Club. Honorees include

Gill P. Beck | United States Attorney’s Office for the Western District of North Carolina

Leah Michelle Broker | Broker & Hamrick, P.A.Kenneth L. Burgess | Poyner Spruill LLPLynn P. Burleson | Tharrington Smith LLPHenry Campen | Parker Poe Adams & Bernstein LLPAmie Flowers Carmack | Morningstar Law GroupKaren H. Chapman | Poyner Spruill LLPDonna R. Cohen | Donna R. Cohen, Attorney at Law, PLLCBrian Cromwell | Parker Poe Adams & Bernstein, LLPBenjamin Randall David | District Attorney’s Office, Fifth Prosecutorial DistrictJeffrey M. Davis | Lincoln Financial GroupT. Greg Doucette | The Law Offices of T. Greg Doucette, PLLCJohn O.N. Eluwa | Law Offices of John Eluwa, PLLCDavid Gantt | David Gantt Law OfficeJudge Martha A. Geer | Cohen Milstein Sellers & Toll PLLCNancy L. Grace | Wake Family Law GroupJason B. James | Bell, Davis & Pitt, P.A. Mark Johnson | Inmar, Inc. William O. King | Walker Lambe, AttorneysTiffany A.Lesnik | Lesnik Family Law, P.C. Carlos E. Mahoney | Glenn, Mills, Fisher & Maoney, P.A. Harrison L. Marshall Jr. | McGuireWoods LLPE. Eric Mills | Nexsen Pruet, LLCChristy Myatt | Nexen Pruet, LLCWilliam G. Pagán | Coats + Bennett, PLLCLeeAnne Quattrucci | LeeAnne Quattrucci LawRobert Blackwell Rader | North Carolian District Court, 10th Judicial DistrictShamieka LaCher Rhinehart | Durham District Attorney’s OfficeVince Rozier Jr. | Wake County District Court JudgeSarah Cantrell Cowen Seaton | North Carolina District Court, 4th Judicial DistrictJim Slaughter | Black, Slaughter & Black, PAM. Gray Styers Jr. | Smith Moore LeatherwoodSharon A. Thompson | NicholsonPham, PLLCLouis Alfred Trosch Jr. | North Carolina District Court, 26th Judicial DistrictAnn Warren | Duke Energy CorporationFrank D. Whitney | United States Federal District Court

13 Raleigh Brooks Pierce Attorneys Recognized in The Best Lawyers In America© 2017

The 2017 edition of The Best Lawyers in America© recognized 50 Brooks Pierce attorneys as law industry leaders, including 13 from the Raleigh office. Best Lawyers© is known as the oldest and most respected peer-review publication in the legal profession. The methodology is designed to collect the consensus opinion of

leading lawyers and the professional abilities of their colleagues within the same geographical region and legal practice area. The 13 Raleigh Brooks Pierce attorneys listed in The Best Lawyers in America© 2017 are:

· Charles Coble for Commercial Litigation · Ben Davis for Banking and Finance Law · Patricia Goodson for Employment Law – Management· Wade Hargrove for Communications Law; Copyright Law; Corporate Law; First Amendment Law; Litigation – Intellectual Property; Media Law; Mergers and Acquisitions Law· Patrick Johnson for Corporate and Mergers and Acquisitions Law · David Kushner for Media Law · Charles Marshall for Commercial Litigation; Government Relations Practice · Gary Parsons for Bet-the-Company Litigation; Commercial Litigation; Legal Malpractice Law – Defendants; Personal Injury Litigation – Defendants· Mark Prak for First Amendment Law; Litigation – First Amendment; Media Law; Mergers and Acquisitions Law · David Smyth for Securities Regulation · Walt Tippett for Commercial Litigation; Construction Law · Marcus Trathen for First Amendment Law · Ed Turlington for Commercial Litigation; Corporate Law; Government Relations Practice

26 Cranfill Sumner & Hartzog Attorneys Selected For Inclusion In The Best Lawyers In America© 2017 Twenty-six attorneys from Cranfill Sumner & Hartzog LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America© 2017. Twenty of the 26 are local to Wake County, and are listed below:

· George B. Autry Jr. | Eminent Domain and Condemnation Law · Stephanie Autry | Eminent Domain and Condemnation Law · Jaye Bingham-Hinch | Appellate Practice· Richard Boyette | Mediation · Susan Burkhart | Insurance Law· Buxton S. Copeland* | Workers’ Compensation Law – Employers · Paul Cranfill | Workers’ Compensation Law – Employers · Leigh Livengood Dale | Workers’ Compensation Law – Employers · Scott Fuller | Workers’ Compensation Law – Employers · Robert Griffin | Litigation – Insurance · Dan M. Hartzog | Bet-the-Company Litigation, Commercial Litigation, Litigation – Labor and Employment, Litigation – Municipal, Personal Injury Litigation – Defendants· Jennifer Morris Jones | Workers’ Compensation Law – Employers · C.D. Taylor Pace | Workers’ Compensation Law – Employers · David A. Rhoades | Workers’ Compensation Law – Employers· P.K. Shere | Medical Malpractice Law – Defendants · Ted Smyth | Bet-the-Company Litigation, Commercial Litigation, Insurance Law, Personal Injury Litigation – Defendants, Personal Injury Litigation – Plaintiffs· Robert Sumner | Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants

WCBA MEMBER NEWS

Page 18: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

PAGE 18WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

· Robin Hayes Terry | Workers’ Compensation Law – Employers · F. Marshall Wall | Product Liability Litigation – Defendants · David Ward | Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants

Seven Nelson Mullins Raleigh AttorneysSelected for The 2017 Best Lawyers in America© 2017

Seven Nelson Mullins Riley & Scarborough LLP Raleigh attorneys in 12 practice areas have been selected for inclusion in The Best Lawyers in America® 2017. The Nelson Mullins Raleigh lawyers listed are:

· Terri L. Gardner | Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Bankruptcy Litigation· Noah H. Huffstetler III | Administrative Law/Regulatory Law, Appellate Law, Bet-the-Company Law, Commercial Litigation, Healthcare Law, Antitrust Litigation, Regulatory Enforcement (SEC Telecom, Energy) Litigation· Patricia A. Markus | Healthcare Law · Charles H. Mercer Jr. | Tax Law· Donna R. Rascoe | Education Law· George M. Teague | Government Relations Law· Robert L. Wilson Jr. | Healthcare Law

15 Tharrington Smith Attorneys Included in The Best Lawyers in America© 2017

Tharrington Smith LLP is pleased to announce that 15 of its lawyers have been included in the 2017 edition of Best Lawyers in America©. Additionally, the Tharrington Smith firm has been included in Best Lawyers in America’s Top Listed Awards statewide for Criminal Defense: White Collar in North Carolina (five lawyers listed) and Family Law in North Carolina (seven lawyers listed). Both of those practice sections are included in the Raleigh area Metro Awards. Tharrington Smith is additionally recognized as a Top Listed Metro Award winner in the Criminal Defense: General Practice in Raleigh (three lawyers listed) category. Representing the firm are:

· Hill Allen | White Collar Criminal Defense · Jonathan Blumberg | Education Section· Lynn Burleson | Famly Law · Melissa Hill | White Collar Criminal Defense · Evan Horwitz | Famly Law · Jill Jackson | Famly Law · Doug Kingsbery | Bet-the-Company Litigation, Civil Litigation, Commercial Litigation, White Collar Criminal Defense· Steve Mansbery | Famly Law · Jaye Meyer | Famly Law· Fred Morelock | Famly Law, Famiy Law Mediation · Randall Roden | Bet-the-Company Litigation, Intellectual Property· Roger Smith Jr. | Non-White Collar Criminal Defense· Roger Smith Sr.| Appellate Practice, White Collar Criminal Defense· Wade Smith | Civil Litigation, Bet-the-Company Litigation, White Collar Criminal Defense· Alice Stubbs | Famly Law

CONTINUED ON PAGE 19

Page 19: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

PAGE 19WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

Tharrington Smith Congratulates Jackson and Stubbs; Welcomes Robinson and Cleevely

Tharrington Smith is pleased to announce that Jill Jackson and Alice Stubbs have been inducted into the fellowship of the American Academy of Matrimonial Attorneys.

The firm would also like to welcome Patricia Robinson and Gretchen Cleevely to the firm’s education law section.

MEMBER NEWS CONTINUED FROM PAGE 18

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Page 20: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

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Page 21: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

THE LUNCH WITH A LAWYER PROGRAM is now 22 years old collaborating with the Summer Youth Employment Program of City of Raleigh. This year 145 lawyers were matched with 145 youths of the community to share their lunch, dreams, ideas, and interests.

This year marks also the 29th year of service to the City of Raleigh for Dwayne Patterson. He has been during the past four years the Director of Community Service Department (now called Community Engagement Division) of which the Summer Employment program is a part. Under his guidance Cathey Ector has been running the Summer Employment program during the past four years and collaborated with the Wake County Bar Association in support of the Lunch with a Lawyer program. On August 12, 2016, at Carolina Pines Community Center, the Lunch with a Lawyer closed its 22nd year, with 145 lawyer and youth participants .

“Reach Out and Touch Someone and it will make a difference,” said Paul Suhr, who has run the “Lunch with a Lawyer” program for the past 22 years. He said that this was the principle which started the program and makes it going. “Look at a slow motion picture of a seed sprouting,” he said. “It reaches out and touch. And it will eventually become a beautiful tree. Force that reaches out and touches makes us grow. Remember this when you start a new school year, ‘Reach out and Touch Someone, and It Will Make a Difference. It will make you grow up. Have a wonderful year! ’”

Dwayne Patterson served as Director of Community Service Department (Community Engagement Division) for more than four years and worked for the City for more than twenty eight years. He graduated from NC State University in 1987. In his remarks to about 200 students and parents attending Mr. Patterson said, “Excellence is a habit, a product of persistently repeated acts,” quoting from Greek philosopher Aristotle. He supported the Lunch with a Lawyer program as head of the Summer Youth Employment program in the past and instrumental in successful collaboration with the Wake County Bar Association for the program. Suhr said Patterson has personified excellence in his service to the community.

We are thankful to the 145 lawyers that volunteered their time to have lunch with the youth of our community, sharing their thoughts, ideas, dreams and interests. The program started in the summer of 1995 as an informal mentorship program with the idea that casual encounters often make indelible impression on the minds of impressionable youths. While chairing the Human Relations and Human Resources Committee for the City, Suhr observed so many youths in the adult courtrooms. He thought that youth without meaningful employment would not likely know what to do with their time and would likely fall for mischief.

Seeing the Summer Youth Employment program successfully run at the Community Services Department of City of Raleigh, he proposed to the Wake County Bar Association for a volunteer program for lunch with local youth each summer in collaboration with the City’s program. The primary aim of the program was to provide the youth with an opportunity to meet with a professional during the summer. Walter Brock who chaired the Public Service Committee of the Wake County Bar Association agreed.

LUNCH WITH A LAWYER CELEBRATES 22ND ANNIVERSARYDWAYNE PATTERESON RETIRING AFTER 28 YEARS OF SERVICE TO RALEIGHBY PAUL SUHR | LAW OFFICES OF PAUL A. SUHR, PLLC

PAGE 21WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

Paul Suhr presents a bouquet to Dwayne Patterson

From left to right: Tyra Peterson, attorney Neubia Harris, attorney Tom Harris, Michael Harper and attorney Josh McIntyre.

CONTINUED ON PAGE 22

Page 22: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

Robin AndersonCheri BeasleyAllison BeckerBrian O. BeverlySarah BlairVictor BooneRichard BoyetteJeffrey BoykinClark J. BrewerAmy BroughtonBrittany BrownPatrick BuffkinE. Ann ChristianDonna CohenCraig CroomMeredith CrossWoofer DavidsonJacob DavisValyce DavisBob De RossetKimberly DixonRita B. DorryAshleigh Parker DunstonSid EaglesLetitia EcholsNiya FonvilleAndrea FowlerBeth FroehlingCharles GeorgeCaitlin M. GoforthJefferson GriffinAlexandra GruberAngela HaasKristi HaddockRobin HammonAndrew HarrisNeubia Harris

Tom HarrisChristopher HeaneyJessica HeffnerTamika HendersonLeah M. HermillerDeborah HildebranKendra HillGreg HornerKim HowesAlisa HuffmanJay Mack JenkinsStephanie JenkinsM. Keith KappGeorge Kelly IIIJulia KirkpatrickMeghan KnightSeth LawrenceRobert LewisJohn MabeMarc MacenkoSteven MacGilvrayAntoine MarshallM. Moseley MathesonJorge MattaChristine McAplinAnn McCollShawndria McCoyLacy Mae McDowellJosh McIntyreBeth McKayWilliam McKinneyPatrick MeachamJordan MendezLouis MeyerJeffrey MonroeClayton MorganAtiya Mosley

Joseph NettDouglas NoreenAna NunezWill OwensZach PadgetJane PaksoyShawn ParkerErnie PearsonMary Kathryn PerkinsonDavid PetersJ. Heydt PhilbeckStacy A. PhillipsTony PinkstonEbony Pittman

Jon PowellRichard ProsserYvonne PughWill QuickStacy RaceAnita RichardsonPaul RidgewayEmily RobinsonDekhasta RozierDiane RupprechtErin ScottDavid SenterAshish K. ShardaBrian Sherrick

Katherine SlayerLeigh L. StallingsGray StyersPaul A. SurhElizabeth L. SydnorKati TerriDeonte ThomasDeanne ThorneCarrie TortoraJason TuttleLindsay UnderwoodAmy VakovichDavid VenableHannah Vigoda

Bob WalkerMelissa WalkerPatrick WallaceEmily WeatherfordLemuel WhitsettKatherine WilkersonMary E. WilsonTim WilsonMcKinley WootenHarriet WorleyWilliam Zeke CreechBoz Zellinger

‘ TIS THE SEASON...FOR THE WCBA HOLIDAY PARTYFeaturing the Punch BandFriday, December 2 • 7 - 11 p.m.

Crabtree Marriott, 4500 Marriott DriveHeavy hors d’oeuvres and complimentary beer, wine and soft drinks.This event is for WCBA members and their dates only.

PAGE 22WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

Raleigh’s Summer Youth Employment program is progeny to Comprehensive Employment Training Act of 1973 signed into law by President Nixon. The program offered work to those with low incomes and the long term unemployed as well as summer jobs to low income high school students. Full-time jobs were provided for a period of 12 to 24 months in public agencies or private nonprofit organizations. The intent was to impart a marketable skill that would allow participants to move to an unsubsidized job. One summer the Bar Association introduced former Chief Justice Mitchell as an inspirational speaker to the youth. He told them that he himself did not know what else to do but hang around on the street corner with his buddies when he was their age until he joined the U.S. Marines. He said he met his best friend in the service – an African-American who later became a GM executive. Judge Mitchell credits this marine for “straightening him out for good.” The youth gathered marveled at the Chief Justice’s arms covered with tattoos from the time of his service to the Marines.

The Wake County Bar Association’s Lunch with a Lawyer program has, in the past, introduced community youth to some famous judges and lawyers including, but not limited to, Burley Mitchell, Henry Frye, Mark Martin, James Wynn, John Edwards, G. K. Butterfield, Sid Eagles, Colon Willoughby, Howard Manning, Paul Ridgeway, Cheri Beasley, Patricia Timmons-Goodson and Charles Meeker.

Wake County Bar Association would like to thank the following lawyers in making this year’s Lunch with a Lawyer program a success:

LUNCH WITH A LAWYER CONTINUED FROM PAGE 21

Page 23: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

PAGE 23WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

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More info: Jim Shea / NC Lawyers Weekly [email protected]

2 WAYS TO SAVE!

COLLABORATIVE LAW LUNCH

Attorneys, mental health professionals, financial professionals and other are invited to meet at Yard House at North Hills in Raleigh at noon on the first Friday of each month (excluding holidays) to meet, greet and discuss Collaborative Law with peers and colleagues. Contact Randolph (Tré ) Morgan III at 919-573-4860 or [email protected] for details or to be added to the eVite list.

FURNISHED, GROUND-FLOOR, WINDOW OFFICE AVAILABLE FOR RENT (APPROXIMATELY 160 SF):

- Access to conference rooms, common areas, office equipment, wifi and notary public- Free Parking - Contact Mary Miles ([email protected]) 3030 Fairhill Drive, Suite 108, Raleigh, NC 27612

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Page 24: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

PAGE 24WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

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Leonard T. Jernigan, Jr., attorney and adjunct professor of law at NCCU School of Law, is pleased to announce that his 2016-2017 supplement to Jernigan’s North Carolina Workers’ Compensation: Law and Practice (4th Edition) is now available from Thomson Reuters-West Publishing (1-800-344-5009).

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Page 25: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

Thursday, November 3, 2016

5:30 p.m. Silent Auction 7 p.m. Curtain

North Carolina Museum of History

Tickets available for $25 or 2/$40. Sponsorship opportunities available.

www.wakecountybar.org

Mentorship. Marsupials. Mirth.

The 2016 Bar Awardsa Fundraiser for Legal Aid of North Carolina

The North Carolina Museum of History does not sponsor or endorse this event.

Thanks to our sponsor, Attorney at Law Magazine.

The WCBA’s Bar Awards is scheduled for November 3 at the North Carolina Museum of History and benefits Legal Aid of North Carolina. The Bar Awards is wonderful celebration of our local bar involving a silent auction and variety show. Several hundred Wake County Attorneys and their spouses attend. As you know, Legal Aid provides free legal services in civil matters to low-income people in order to ensure equal access to justice. Legal Aid’s funding has been cut significantly in recent years and needs our help! Last year’s Bar Awards raised over $60,000 for Legal Aid, and we hope to raise more this year! The Bar Awards and Silent Auction has been a great success due to the talented musicians, singers, actors, host, script writers, producers and others involved in the show, as well as people such as yourself – who generously support, attend, sponsor and donate items for the event. Will you consider donating an item to the Silent Auction? In the past, individual attorneys have generously donated tickets to theater, games, or other events, the use of a beach or mountain house, wine, art, or even a private musical performance or home-cooked specialty. All donations are processed through the Wake County Bar Foundation and are tax deductible. If you are interested in donating, please contact Executive Director Whitney von Haam at 919-657-1572 or [email protected]. Additionally, Whitney can answer any questions about the event or help you with sponsorship. Thank you for your consideration. Please let me know if you need any further information from me to take this request under consideration.

The 2016 Bar AwardsMentorship. Marsupials. Mirth.

Page 26: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

WELCOME NEW MEMBERSTHE NEWEST MEMBERS APPROVED AT THE AUGUST 2016 MEETING OF THE BOARD OF DIRECTORS

Elias Admassu Hedrick Gardner Kincheloe & Garofalo LLPRichard Allen | Richard D. Allen, Attorney at LawAnitra K. Brown Anitra K. Brown Legal and Consulting ServicesBryan Clausing | Sprague Law, PLLCDanny “Haynes” Dallas Jr. Sjaan “Liles” DemminkCarolyn A. Dubay NC Judicial Standards CommissionWhitney Duhaime | Legal Aid of NC HelplineRichard “Kyle” Evans Amy L. Funderburk Clifton “Douglas” Green Susan H. “Sue” Haberberger Young Moore & Henderson PAKatye Marie Jobe | Smith Moore Leatherwood LLP

Charles Evan Shelton Lohr | Lohr and Lohr PLLCSteven Lundberg | Sessoms & Rogers, PAJennifer P. May-Parker United States Attorney’s OfficeTiffanie Charise Meyers The Law Office of Tiffanie C. MeyersThomas Otis “Tom” Murry Administrative Office of the CourtsJacob Reid “Jake” Parrott III | Ward and Smith, PAJohn Perna | Perna Law FirmTyler J. Russell | Ward and Smith, PADawn Stachler | Solo PractitionerWilliam Anthony Whitehead Hedrick Gardner Kincheloe & Garofalo LLPJaime Delrae Lester Williams Schiller & Schiller PLLCAugustus Drewry “Gus” Willis IV

PAGE 26WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

YLD NEWS 2016 YLD OFFICERS PRESIDENT: BRODIE ERWIN SECRETARY/PRESIDENT ELECT: SAM FLEDER TREASURER: LAUREN GOLDEN

REMAINING HEALING TRANSITIONS LEGAL SEMINARSWomen’s Center | November 1, 2016Men’s Center | December 6, 2016

NOTICE OF YLD OFFICER ELECTIONS FOR 2017THE YOUNG LAWYERS DIVISION will conduct its annual meeting for the election of the offices of Secretary and Treasurer for 2017 in conjunction with its year-end social on Thursday, Dec. 1, at Isaac Hunter’s Tavern, 414 Fayetteville Street, Raleigh, NC. Ballots will be available between 5:30 and 6:30 p.m. All YLD members in good standing have a right to attend the meeting and to be heard on the issue of the election of the Secretary and Treasurer, subject to such reasonable time limitations as may be established by the YLD Board of Directors. Voting shall be conducted by secret written ballot. No proxy voting shall be allowed.

Nominations for Secretary (which also functions as the YLD’s president-elect) and Treasurer are being accepted now through December 1 and should be submitted to the immediate past president, James Hash, at [email protected], or to the current president, Brodie Erwin, at [email protected]. Please contact either Brodie Erwin or James Hash with any questions regarding the election.

Page 27: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

Contact Tiffany A. Lesnik, [email protected]

for more information or to sponsor an event!

Sponsorships start at just $100.00.

Like us on facebook!

http://www.ncawa.org/index.php/get-involved/chapters/wake-women-attorneys-wwa

WWAAKKEE WWOOMMEENN AATTTTOORRNNEEYYSS UUPPCCOOMMIINNGG EEVVEENNTTSS

MARK YOUR CALENDARS NOW FOR THE FOLLOWING UPCOMING WAKE WOMEN ATTORNEYS' EVENTS! Everyone is welcome!

JULY 21- Special Evening Event and Summer Social - Details Coming Soon!

AUGUST 11 - "The Confidence Code" Speaker Luncheon starts at 12pm at RYE Southern Bar and Kitchen - Downtown Raleigh. Buffet Lunch.

SEPTEMBER 8- CLE "Legislative Update" at Mia Francesca, North Hills (starts at 12pm).

SEPTEMBER - Date TBD - Swearing In at the Court of Appeals for newly licensed female attorneys, Reception to follow.

OCTOBER 13 - Lunch at Campbell Law School with special guest speaker Professor Melissa Essary on the importance of strong female leadership within the legal pr ofession with a possible judicial candidates symposium.

OCTOBER 27 - Special Evening Event Wake Women of the Year Award and Fundraising Benefit. Seeking silent auction items, sponsors and vendors to make this a successful event! Contact us to help!

NOVEMBER 10 - Thanksgiving Networking Luncheon - Family Style Lunch at Taverna Agora Restaurant starting at noon.

DECEMBER 8 - Ethics CLE with Deanna Brocker. Top Ten Ways to Avoid a Bar Complaint with a Q&A at Mia Francesca: North Hills. Starts at noon

DECEMBER 8 - Elections for 2017 Board of Directors Join our e-mail list or go to our website for updates on our events and lunches.

Contact Tiffany A. Lesnik, [email protected]

for more information or to sponsor an event!

Sponsorships start at just $100.00.

Like us on facebook!

http://www.ncawa.org/index.php/get-involved/chapters/wake-women-attorneys-wwa

WWAAKKEE WWOOMMEENN AATTTTOORRNNEEYYSS UUPPCCOOMMIINNGG EEVVEENNTTSS

MARK YOUR CALENDARS NOW FOR THE FOLLOWING UPCOMING WAKE WOMEN ATTORNEYS' EVENTS! Everyone is welcome!

JULY 21- Special Evening Event and Summer Social - Details Coming Soon!

AUGUST 11 - "The Confidence Code" Speaker Luncheon starts at 12pm at RYE Southern Bar and Kitchen - Downtown Raleigh. Buffet Lunch.

SEPTEMBER 8- CLE "Legislative Update" at Mia Francesca, North Hills (starts at 12pm).

SEPTEMBER - Date TBD - Swearing In at the Court of Appeals for newly licensed female attorneys, Reception to follow.

OCTOBER 13 - Lunch at Campbell Law School with special guest speaker Professor Melissa Essary on the importance of strong female leadership within the legal pr ofession with a possible judicial candidates symposium.

OCTOBER 27 - Special Evening Event Wake Women of the Year Award and Fundraising Benefit. Seeking silent auction items, sponsors and vendors to make this a successful event! Contact us to help!

NOVEMBER 10 - Thanksgiving Networking Luncheon - Family Style Lunch at Taverna Agora Restaurant starting at noon.

DECEMBER 8 - Ethics CLE with Deanna Brocker. Top Ten Ways to Avoid a Bar Complaint with a Q&A at Mia Francesca: North Hills. Starts at noon

DECEMBER 8 - Elections for 2017 Board of Directors Join our e-mail list or go to our website for updates on our events and lunches.

PAGE 27WAKE BAR FLYER • OCTOBER/NOVEMBER/DECEMBER 2016

2017 YLD SPRING CONFERENCE SAVE-THE-DATEMARK YOUR CALENDARS for the 2017 YLD Spring Conference! April 7, 2017.

Join the Young Lawyers Division next spring for an exciting program that will focus on topics designed to cultivate effective business development skills and enhance your practice as a young lawyer. Connect with other young lawyers at our networking lunch and at our after-work social following the Conference. Admission is FREE!

If you are interested in receiving updates about the Conference, or for more information, please contact David Senter at [email protected] or 919-782-6860

Page 28: OCT/NOV/DEC 2016 BAR FLYER · with Duncan for 25 years. I am confident that Duncan tries more cases, year in and year out, than any attorney in Wake County, and probably more cases

PO Box 3686, Cary, NC 27519-3686

WAKE COUNTYBAR ASSOCIATION

W

WCBA BASKETBALL SIGN-UP CHARLES BRANDON HUNT LAWYER’S BASKETBALL LEAGUE 2017

The 2017 League will start on January 14, 2017, and will again be located at the J.D. Lewis Multipurpose Center, located at 2245 Garner Road, Raleigh.

How Do You Sign Up?

Go to the Wake County Bar Association website and click on the item on Dec. 31 that lists “WCBA Basketball League.” Online sign-ups must be completed by December 31.

Questions can be directed to Commissioner Ryan Oxendine at [email protected] or 919-848-4333. WBF