www .meckbar.org - Mecklenburg County Bar

From the President ..................................................1
Pro Bono Par Excellence.................................cover
Atticus Answers.......................................................5
YLS Happenings......................................................4
In This Issue
Lawyers in the News ...............................................1
PERMIT NO. 3337
CHARLOTTE, NC
PAID
U.S. POSTAGE
PRSRT STD
Foundation Nominations .......................................7
Year-End Reports .....................................................7
Bar Drug Treatment & Family
Courts Resolution....................................................6
CLE Courses.............................................................2
Bar and Foundation Updates.................................3
Lawyer Referral Service ..........................................4
Volunteer Lawyers Program ...................................4
MECKLENBURG COUNTY BAR
438 Queens Road
Charlotte, NC 28207
DATED MATERIAL
Volume 32 No. 1
ALTON L. GWALTNEY III
Pro Bono Par Excellence
BY
July 2005
Alice Richey, a partner with Kennedy
Covington Lobdell & Hickman LLP, has
been an active volunteer with Legal
Services for the Elderly for 10 years. Last
year Alice contributed over 195 hours of
pro bono support to Legal Services for
the Elderly and was recognized as the
Legal Services for the Elderly Pro Bono
Attorney of the Year. In presenting this
Alice Richey
year’s award, Mark Henriques, President and Chair of the
Board for Legal Services for the Elderly, noted Alice’s
commitment to the program’s growth and development over
the years as well as her specific work with two clients in 2004.
Through her diligent efforts this past year, Alice assisted a
client with heart problems in obtaining a release from a fitness
center contract and helped another client with an estate dispute.
The Volunteer Lawyers Program (VLP) recognized five Mecklenburg County Bar members as Pro Bono Attorneys of the Year for
2004–05. VLP Chair Jeffrey Schwarz presented these meritorious attorneys their awards at the Bar Annual Meeting on May 26, 2005.
Legal Aid of North Carolina recognized
Kevin O’Brien, an associate of Alston &
Bird LLP, as Legal Aid’s Outstanding
Volunteer for 2004–05. Over the course of
a year, Kevin devoted 212 hours to one
complicated subsidized housing case
enabling a tenant to stop an eviction and
obtain necessary repairs. Kevin and two
Alston & Bird colleagues successfully
Kevin O’Brien
prosecuted a motion for sanctions against the landlord,
resulting in a substantial fee award, which the firm donated to
Legal Aid. The donation funded a special fellowship for a
paralegal. Kevin has also been instrumental in organizing the
pro bono efforts of his law firm by setting up in-house CLE
training for attorneys and summer associates to handle both
landlord-tenant cases and domestic violence protection orders.
Robinson Bradshaw and Hinson PA’s
Jane Rattere received the Volunteer
Lawyer of the Year Award from the Pro
Bono for Non-Profits Program. As a
participant in the program, Jane and her
team at Robinson Bradshaw put in more
than 100 hours of work over 15 months
to secure a permanent home for the Holy
Trinity Ethiopian Orthodox Tewahdo
Jane Rattere
Church. The church’s Parish Council
praised Jane’s work stating, “We are deeply grateful for the
privilege of receiving the high degree of professional
representation from Jane and the RBH team. Through their
help, our parish is now the excited owner of a 3.8-acre tract of
land on Idlewild Road, which will house our future sanctuary!”
The Council praised Jane’s tremendous work as “counselor,
advisor, and educator.”
www.meckbar.org
continued on page 2
As a civil litigation and worker’s compensation attorney with Hedrick Eatman
Gardner and Kincheloe LLP, Michelle
Crawford is not always operating on
familiar ground when advocating for
children caught in impassioned custody
battles. Nevertheless, for her competence,
energy, and dedication to the Custody
Advocate Program, Michelle was awarded
Michelle
Crawford
the Children’s Law Center Pro Bono
Attorney of the Year Award. “Michelle conducts herself with the
utmost professionalism and sincerity of heart when approaching
custody conflicts,” says Tania Archer, attorney-coordinator in the
Children’s Law Center, Custody Advocate Program. Even though
she has been practicing law for only two years, Michelle has
constantly preserved the Children’s Law Center’s reputation for
excellent representation of children while handling some of the
most difficult cases appointed to the Custody Advocate Program.
July 2005
ME
July 2005
ENBURG COUNTY B
CKL
AR
E S T 1 9 12
Volume 32 No. 1
From the President
My first official
column in the Bar
newsletter needs to
begin with a thank you
to Jon Buchan,
2004–05 Bar President.
Jon has done much to
promote the relevance
of the Bar to its
members over the past
Shirley Fulton,
year and I want to
MCB President
thank him for his
leadership. His vision for the Luncheon Series
culminated with two events that brought Bar
members together to listen to Gene Nichol
(previous Dean of the UNC School of Law) and
Judge David Sentelle. I look forward to attending
the Luncheon Series in this upcoming year as
Jon once again helps lead this effort. Jon also
helped increase interaction between the bench
and the Bar by providing the leadership and
support for our first Annual Judiciary Dinner
where we had over 400 in attendance honoring
our federal judges of the Western District of
North Carolina. I, like so many others, look
forward to our second Annual Judiciary Dinner,
this year honoring the local state judges. Jon
provided encouragement for participation in the
Crossroads program where we, as members of the
Bar, had the opportunity to learn about diversity
through the eyes of nonprofits. Jon’s support of
the Volunteer Lawyers Program (VLP) helped
increase access to justice. Under Jon’s guidance,
the VLP increased the number of volunteer
hours from just under 1,500 last fiscal year to
approximately 2,000 by the end of this fiscal
year. That’s an increase of 25%!
Jon continued to develop the relationship
with the Mecklenburg Bar Foundation, guided
by returning President Marion Cowell, to help
ensure we are united and that we support each
others’ goals and missions. The Patron’s Fund
raised over $43,000 this year to help support
legal initiatives within our community.
Over the years, we as a Bar have grown from
just a few in number to a number that exceeds
the population of some small towns. At last
count, we were over 3600 and growing. Over 65
attorneys were sworn in at our Spring Ceremony
this year—a record number. We are an organized
mandatory Bar and, as such, our mission is to
serve the public and the Bar members in
improving and preserving the administration of
justice as well as to assist the North Carolina
State Bar as described by statutory requirements.
We seek to accomplish our mission through the
goals we set for ourselves.
As we look toward the coming year let us
remember the established goals of the
Mecklenburg County Bar:
1) promoting the highest standards of
professionalism, competence, and ethical
behavior among our members;
2) promoting the administration of justice;
3) assuring access to legal service regardless of
social, ethnic, or economic status;
4) promoting public education in the
community on legal issues, the Bar, and the
legal system;
5) providing our members educational and
support services; and
continued on page 3
July 2005
by Robert P. Johnston
Harrington Elected Co-Chair of Lawyers’ Committee Board
Rob Harrington has
been elected to a two-year
term as co-chair of the
Board of Directors of the
Lawyers’ Committee for
Civil Rights, commencing
in September 2005.
The Lawyers’
Committee is a
nonpartisan, nonprofit
organization formed in
Robert Harrington
1963 to involve the
private bar in providing legal services to address
racial discrimination. The principal mission of the
Lawyers’ Committee is to secure, through the rule
of law, equal justice under the law, according to a
press release from Harrington’s firm, Robinson
Bradshaw & Hinson PA.
Harrington joined the Committee’s Board of
Trustees in 1998 and was elected Southeast Region
Vice Chair in 1999. He has also served as a member
of the organization’s Executive Committee since
1999. Co-chair of the Bar’s Special Committee on
Diversity, Harrington also serves on the Board of
Directors of the Levine Museum of the New South
and has also served on the Board of Directors of
Seigle Avenue Partners. He is a graduate of Duke
University and Duke Law School and has a law
practice that focuses on civil, commercial, and class
action litigation.
U.S. District Court Judge Updates
Judge Vorhees prepares Judge Conrad
Robert J. Conrad, Jr., was sworn in June 3 as
the Western District of North Carolina’s latest U.S.
District Court Judge. Judge Richard Vorhees
presided at the in-chambers event. A more formal
investiture, open to the public, is scheduled for July
15 at 3:00 p.m. in Courtroom 2 of the Federal
Courthouse.
Judge Conrad was immediately assigned over
300 cases. His trial calendar for July includes over
100 matters.
U.S. Attorney for the Western District of
North Carolina from 2001–04, he thereafter joined
Mayer Brown Rowe & Maw LLP. He is a graduate
of Clemson University and the University of
Virginia School of Law.
In other Federal Court-related news, Frank
Whitney, U.S. attorney for the Eastern District of
North Carolina, Charlotte native and resident, and
former Mecklenburg County Republican chair, has
won the backing of Senators Elizabeth Dole and
Richard Burr to fill the District Court seat formerly
occupied by the late Judge Brent McKnight. His
confirmation schedule is not currently known.
Defense Attorneys Elections
The North Carolina Association of Defense
Attorneys (NCADA) elected Mel Garofalo
president at its recent annual meeting.
Founded in 1977, the NCADA brings together
defense attorneys to promote the exchange of
information, ideas, and litigation techniques,
according to the organization’s website.
An attorney with Hedrick Eatman Gardner &
Kincheloe LLP, Garofalo focuses his practice on
complex and general civil litigation. He was on the
Board of Directors of NCADA from 1998–2001
and has held a variety of positions in the
organization since then. Garofalo received his
undergraduate degree from University of Dayton
and his law degree from Wake Forest University.
His goals include increasing the strength of
www.meckbar.org
various practice groups
and broadening the
organization’s base,
together with increasing
its membership from its
current 920 to over 1,000.
David Allen and
Todd Brown were elected
to the NCADA’s Board of
Directors at the annual
meeting. Martha Surles is
currently a member of the Mel Garofalo
Board.
Former NCADA presidents from Charlotte
include Jim Cooney, Jack Gardner, John Golding,
and Charlie Tompkins.
continued on page 5
1
Pro Bono Par Excellence
continued from cover
Codes of Judicial Conduct
CLE Credit:
Date:
Time:
Location:
Fee:
2.5 hours Ethics
Friday, September 16, 2005
Reg. 8:30 a.m.
Program 9 a.m.–11:30 a.m.
MCB Center, 438 Queens Road
$90 attorney rate
From Cruzan to Schiavo:
Lessons for the Future
CLE Credit:
Date:
Time:
Location:
Fee:
1.0 hour Ethics
Thursday, September 22, 2005
Reg. 5:45 p.m.
Reception and Book Signing
6:00 p.m.
Dinner 6:45 p.m.–7:30 p.m.
Program 7:30 p.m.–8:30 p.m.
Hyatt SouthPark,
5501 Carnegie Blvd.
$60 dinner only or
$90 dinner with CLE credit
WDNC Bankruptcy Chapter 13 & Chapter 7
CLE Credit:
Date:
Time:
Location:
Fees:
6.0 hours General
Friday, September 23, 2005
Reg. 8:30 a.m.
Program 9 a.m.–4 p.m.
Four Points Sheraton,
201 S. McDowell
$210 attorney rate
$130 paralegal rate
New
New Lawyer
Lawyer Orientation
Orientation
Sponsored
Sponsored by
by the
the Young
Young Lawyers
Lawyers Section—
Section—
Mark
Kutny
YLS
CLE
Chair
Mark Kutny YLS CLE Chair
Date:
Date:
Time:
Time:
Location:
Location:
Fee:
Fee:
Thursday,
Thursday, September
September 29,
29, 2005
2005
Reg.
8:30
a.m.
Reg. 8:30 a.m.
Program
Program 99 a.m.–1
a.m.–1 or
or 22 p.m.
p.m.
Spirit
Square,
345
N.
Tryon
Spirit Square, 345 N. Tryon Street
Street
TBA
TBA
The
The Search
Search for
for Accountability
Accountability in
in
Domestic
Domestic Violence
Violence Cases
Cases
CLE
CLE Credit:
Credit: TBA
TBA
Date:
Friday,
Date:
Friday, October
October 14,
14, 2005
2005
Time:
Reg:
7:30
a.m.
Time:
Reg: 7:30 a.m.
Program
Program 88 a.m.–4
a.m.–4 p.m.
p.m.
Location:
CMPD
Shopton
Road
Location:
CMPD Shopton Road Facility
Facility
Fee:
TBA
Fee:
TBA
Psychology
Psychology 101—Family
101—Family Law
Law Issues
Issues
CLE
CLE Credit:
Credit: 4.0
4.0 hours
hours General
General
Date:
Friday,
Date:
Friday, October
October 21,
21, 2005
2005
Time:
Reg.
12:00
p.m.
Time:
Reg. 12:00 p.m.
Program
Program 12:30
12:30 p.m.–4:30
p.m.–4:30 p.m.
p.m.
Location:
Junior
Location:
Junior League,
League,
1332
1332 Maryland
Maryland Avenue
Avenue
Fees:
$120
Fees:
$120 FLS
FLS attorney
attorney rate
rate
$150
$150 attorney
attorney rate
rate
Federal
Federal Securities
Securities Arbitration
Arbitration
CLE
Credit:
3.0
hours
CLE Credit: 3.0 hours General
General
Date:
Friday,
Date:
Friday, October
October 21,
21, 2005
2005
Time:
Reg.
Time:
Reg. 8:30
8:30 a.m.
a.m.
Program
Program 99 a.m.–12:00
a.m.–12:00 p.m.
p.m.
Location:
MCB
Center,
Location:
MCB Center, 438
438 Queens
Queens Road
Road
Fee:
$110
Fee:
$110 attorney
attorney rate
rate
ANNUAL REVIEW
Reserve the Date NOW!
CLE Credit:
Date:
Location:
Fee:
12.0 total hours (2.0 Ethics, 1.0 Substance Abuse, and 9.0 General)
fulfilling one year of NCSB-mandated CLE hours
Friday, February 10, and Saturday, February 11, 2006
Four Points Sheraton Hotel, 201 S. McDowell Street
$395 attorney rate
Coming Attractions
Annual Banking and Finance Forum
Federal E-Filing
Substance Abuse/Mental Health Seminars—Live, Video, and Online Options
Ethics/Professionalism Seminars—Live, Video, and Online Options
Section Courses
EDITORIAL POLICY
The Mecklenburg Bar News accepts editorial and advertising material of general legal interest to the practicing Bar of the 26th Judicial District. The
implicit purposes of the newsletter, website, and related methods of communication are to educate members of the Mecklenburg County Bar and to
create and maintain shared communication with its members. The Communications Committee reserves the right to accept, reject, or edit all material.
Legal Services of Southern
Piedmont awarded Margaret
“Meg” Maloney of the law
firm of Hamilton Fay Moon
Steel & Martin PLLC this
year’s Volunteer Attorney
Award. Meg has been an
active volunteer for Legal
Meg Maloney
Services for many years.
Providing almost 100 hours of legal assistance, Meg
represented a disabled person in an appeal of the
denial of disability insurance benefits, gaining a
remand for new hearing. Meg has provided
volunteer advice and counsel to 10 clients in recent
years. She has also supported Legal Services by
serving as an officer and member of the Board of
Directors, assisting with grant presentations, and
working on the annual campaign.
The Volunteer Lawyers Program
congratulates these dedicated attorneys and thank
all who provided pro bono legal services during
the past year.
NC State Bar
Synopsis of
Council Action
is now available
online at
www.ncbar.com.
Correction
In the 2004–05 Membership Directory,
in the Support Services section under
Printing-Office Supplies-Machines, the
contact information for Imperial Printing
was incorrectly reproduced. The correct
phone number for Imperial Printing is
704/554-1188 and the correct address
is 750 Imperial Court, Charlotte, NC
28273 as given on the page 1 ad. We
deeply regret the errors and any
inconvenience it may have caused.
DISCLAIMER Efforts will be made to provide information of interest that is timely, accurate, and relevant to the legal community. The
Mecklenburg County Bar is not responsible for misprints, typographical errors, or misinformation in The Mecklenburg Bar News. The views and
opinions are not necessarily those of the 26th Judicial District Bar.
Communications Committee: John Lassiter, Chair, Judge Bob Johnston, Corby Anderson, Mike Daisley, Porter Durham, Alan
Edmonds, Will Esser, Mark Gott, Larry Grayson, Allison Karp, Charles Keller, Valerie Munei, Nancy Roberson
2
www.meckbar.org
July 2005
Judge Shirley Fulton Is
Bar President
The Mecklenburg
County Bar is honored to
welcome Shirley L.
Fulton as its new
President! Judge Fulton is
the first AfricanAmerican woman to
serve in this role. She
graduated with a
Bachelor of Science in
Business Administration
from North Carolina
Shirley Fulton
A & T State University,
received her Juris Doctorate from Duke University
School of Law, and has a Masters of Business
Administration from the McColl School of
Business at Queens University. Her distinguished
career includes serving as Assistant District
Attorney, District Court Judge, Resident Superior
Court Judge, and Senior Resident Superior Court
Judge for Mecklenburg County. She is currently a
Partner with Tin Fulton Greene & Owen PLLC,
primarily practicing corporate/business law,
community/economic development law, and
alternative dispute resolution.
Judge Fulton’s experience and initiatives as a
Superior Court judge and as a private citizen
committed to improving her community should
prove invaluable as she guides the Bar through
2005–06. In her tenure on the bench, she was
instrumental in ensuring the new Courthouse would
be built; participated in collaborative efforts to
improve the information sharing of all agencies in
the court system and to address disparate treatment
and diversity in the court system; and chaired the
Conference of Superior Court Judges committee
that examined court organization, management, and
administration. Her volunteer commitments have
included revitalizing her Wesley Heights home and
community (with a five-year stint as president of the
Wesley Heights Community Association),
developing an After-School Tutorial Program,
helping develop consensus and recommendations for
the medical community on accepted standards of
treatment for adjuvant breast cancer therapy, serving
on the Charlotte-Mecklenburg Schools Task Force,
and participating in the Echo Foundation initiative
to improve the quality of life for Charlotteans. Judge
Fulton also serves as Chair of the Board of Trustees
for the Charlotte School of Law.
Marion Cowell Continues as
Foundation President
The Mecklenburg
County Bar Foundation
is delighted and grateful
that Marion Cowell will
continue to serve as
Foundation president in
2005–06. This will be
Mr. Cowell’s seventh year
with the Foundation and
his second as president.
Marion Cowell
He received both his
Bachelor of Science in Business Administration and
his Juris Doctorate from the University of North
Carolina at Chapel Hill. Prior to his current position
with the Charlotte office of Kilpatrick Stockton, he
was Executive Vice President and General Counsel
with First Union Corporation (now Wachovia
Corporation). He specialized in corporate governance,
mergers and acquisitions, and banking regulation.
In addition to Mr. Cowell’s legal and corporate
background, his volunteer experience has been
extremely helpful to furthering the mission of the
Foundation. For his encouragement of pro bono
participation, Mr. Cowell received the National
Public Service Award from the Business Law
Section of the American Bar Association. He
received the President’s Award from the North
Carolina Association of Black Lawyers for special
service to the North Carolina Minority Counsel
Program. He has been a dedicated volunteer with
the North Carolina Bar Association, involved as a
member of its Investment Committee and its Board
of Governors as well as chairing its Professionalism
Committee, its Pro Bono Committee, and its
Senior Lawyers Division. He also served as a
member of the American Bar Association
President’s Advisory Council on Diversity. Mr.
Cowell is an Emeritus Fellow of the American
College of Mortgage Attorneys and a Fellow of the
American Bar Foundation. He currently serves on
several community and legal boards: the North
Carolina Board of Transportation, the Art Institute
of Charlotte, Legal Services of North Carolina, the
Southern Environmental Law Center, The Lawyer’s
Committee for Civil Rights under Law, and North
Carolina IOLTA. He is an active member of the
Bar’s Special Diversity Committee.
Mr. Cowell and his wife Norma have been
married for 17 years. They have six children and six
grandchildren.
From the President
continued from page 1
6) increasing involvement in all sectors of the
legal profession in this Bar.
As a Bar with voluntary leadership and a small
staff, we have made miraculous headway in
achieving our goals. We have managed this through
the able leadership of past presidents such as Jon
Buchan and through the 27 committees and 11
sections where we have phenomenal contributions
of time, energy, and financial support from many of
our members.
While it is my intention to continue to strive
towards achieving all of our goals, I think that we
have grown to the point and time where we need to
take a pause to be introspective about our future. It
is time to look at how much our staff actually does
for us and identify ways to work with staff
leadership to prioritize our work so that we may be
assured that all efforts are well spent in helping us
to achieve our goals. It is time to assess how we are
doing as an organization and to determine how to
move to the next level in the efficiencies and
economies of all that we do.
As a focal point of my tenure, I will continue
to seek to assure access to justice through our
Volunteer Lawyers Program by increasing the
number of lawyers who volunteer.
I will also seek to promote public education in
the community on legal issues, the Bar, and the
legal system by increasing our outreach efforts.
There are many opportunities for collaboration
among various groups of our membership as well as
the community. It is my desire to be tap into these
opportunities and, with the able leadership of Kobi
Brinson, to make substantial headway in bringing
this collaboration to fruition. It is my vision that
increased communication and cooperation among
the Leary Bar, the Hispanic Bar, the Women
Attorneys, the Young Lawyers, and all other
members of the Mecklenburg County Bar will lend
synergy to this undertaking.
We will continue as a Bar to provide quality
continuing legal education to our members under
the able leadership of John Buric.
We will continue to explore ways to reach out
to those among us in need of support in whatever
way necessary to make sure that they don’t stumble
and fall.
And last, but certainly not least, I will
continuously seek out and encourage involvement
from all spectrums of the Bar. I pledge to have an
open line policy and to be accessible to our
membership.
I am proud to be a lawyer, and I am extremely
honored to serve as your President. I look forward to
the coming year and to the accomplishments we
will achieve together.
Welcome and Congratulations!
Bar Center Updates
Valerie Munei is the new Communications
and Events Coordinator. A native of the island of
Oahu, Hawaii, she attended the University of
Hawaii at Manoa and received her degree from the
University of Chicago. She worked in Chicago as
an editor for Encyclopædia Britannica and later for
the Joint Commission on the Accreditation of
Healthcare Organizations and one of its subsidiaries.
Valerie has been in Charlotte since 1995, drawn to
North Carolina in part by her love for whitewater
kayaking. After working as an editor and project
manager for InterNET Services Corporation, she
formed her own company, Luminous
Communications, and did writing and editing for a
variety of companies.
Jennifer Taylor is the new Assistant to the
Executive Director. A May graduate of UNCC with
a degree in Organizational Communications, she
began at the Bar in mid-May. A native of WinstonSalem, Jen has recently begun skydiving. She
formerly worked as an office assistant at Robinson
Bradshaw & Hinson.
July 2005
Jennifer Howle, formerly
Assistant to the Executive Director,
is new Volunteer Lawyers Program
Coordinator. She began working for
the Bar in July 2004 and began her
new position in mid-May. Jen will
also help process Grievances.
Michelle Marblo, who had
worked part-time for the Bar, is now
serving full-time as a receptionist/
administrative assistant. She moved
here a year ago from Albany, New
York, where she attended paralegal
school for two years. As part of her
added duties, she will now take on the
role of reserving the CLE and Board
rooms at the Bar Center for meetings.
We’re glad to see Lue Ann
Whitten has returned from medical
leave. She will continue to handle
arrangements for the Sections and
From left to right—
some Committees as well as process Back row: Jen Howle, Lue Ann Whitten, and Michelle Marblo
Fee Disputes.
Front row: Valerie Munei and Jen Taylor
www.meckbar.org
3
LRS Celebrates 2004–05
Accomplishments
LRS Attorney of the Year Jeff Garis (left) shares his award with his family and assistants.
The Lawyer Referral Service (LRS) held its
annual reception at the VanLandingham Estate on
June 28, 2005. It was a wonderful opportunity to
thank LRS panel members and, this year, their
assistants as well as to celebrate the tremendous
financial success of LRS in 2004–05. Approximately 60 attended the evening’s festivities.
The highlight of the reception was honoring
Jeff Garis as the Lawyer Referral Service Attorney of
the Year. The award is given each year to one
attorney for exemplary effort on behalf of LRS. Mr.
Garis moved to North Carolina in 1996 as the
Assistant Clerk of the Superior Court of
Mecklenburg County. He is a certified arbitrator
and mediator who has provided excellent service to
his clients with his experience in a variety of
practices. This outstanding dedication and care has
helped elevate LRS’s reputation and contributed to
its growing success.
The Lawyer Referral Service sincerely thanks
Charlotte Copy Data, Lawyers Mutual Liability
Insurance, Ocean Creek Resorts, Sun Trust Bank,
and Carolina Legal Staffing for generously enabling
the Service to hold this event at such a beautiful
location this year. A special thank you also goes to
Ocean Creek Resorts for its getaway gift certificates.
YLS
Happenings
BY
MICHAEL C. MASCIA & JOHN C. NIPP
YLS Holds Wine Tasting
The Young Lawyers Section (YLS) of the
Mecklenburg County Bar held its annual Summer
Social and Wine Tasting on June 16. Reid’s Fine
Foods hosted the event, which was sponsored by
Document Technologies, Inc. and Alston & Bird
LLP. Collin Brown and Heather Gregg organized
this social, as well as many others throughout the
past year.
Outgoing YLS Chair Mark Wilson received a
plaque for his years of service to YLS. The Section
members also elected the following officers to serve
during 2005–06: John Nipp (Chair), Mitchell
Kelling (Vice Chair), and Ben Sidbury (Secretary/
Treasurer). Heather Gregg, Greg Carlin, and Yolanda
Trotman were elected as new YLS Board members.
In his remarks to those in attendance, new YLS
Chair John Nipp encouraged all young lawyers to get
involved in the many YLS volunteer and social
projects. “YLS is a great way to plug in to the Bar and
meet other young lawyers in a casual setting,” he said.
YLS membership is available to all Mecklenburg
lawyers age 36 or under or in practice three years or
less. Eligible lawyers interested in helping with YLS’s
many community service projects and social events
should contact John Nipp at [email protected].
Chris Lam Named
Young Lawyer of the Year
Kids in Bad Circumstances
Volunteers Needed for School Proceedings Representation
BY
PHILIP J. PENN
The Mecklenburg County Bar has a program
that allows lawyers to sign up to volunteer under
the Children’s Law Center Children in School
Proceedings Representation. This Volunteer Lawyer
program is one way to serve this much neglected
and underserved population in a critical area of
need.
The Charlotte community needs volunteer/pro
bono legal representation of young students who are
suspended or in danger of being excluded from
school long term. These children may face
consequences not only at school, but also in the
juvenile justice/criminal justice system. Some have
characterized the problem as being one of dealing
with “bad kids” or “bad behavior.” But these
behaviors often have other explanations, such as
difficult home situations involving poverty; lack of
food, transportation, or heating; illiteracy; substance
abuse; physical, mental, or sexual abuse; neglect;
family history of incarceration; homelessness,
instability in living arrangements, or overcrowded
living situations; and mental illness, learning
disabilities, and other impediments to learning.
The truth is that very few of the discipline
cases in schools are about “bad kids.” Really, the
issue is one of how we, as a society, appropriately
deal with children who are dealing with difficult
situations manifested as problems at home, at
school, and in the community. Lawyers have an
obligation to assist those who are least in our
society. These children count among those we must
assist, especially those children facing legal
consequences for their behavior at school.
If you are interested in helping these at-risk
youth, you can volunteer by e-mailing us at
[email protected]. For further information about pro
bono opportunities relating to school
representation, contact Philip Penn at the
Children’s Law Center at 704/331-9474, extension
1086, or at [email protected]
Paralegal
Legal Services of Southern Piedmont, dynamic non-profit legal aid and poverty
advocacy agency seeks paralegal for Immigrant Justice Program.
Bi-lingual English and Spanish required.
Salary $23,000+ DOE, generous leave and benefits.
Detailed information about position and
application instructions at www.lssp.org.
Questions by email to [email protected] or by mail to
Director, LSSP, 1431 Elizabeth Avenue, Charlotte, NC 28204.
4
www.meckbar.org
Chris Lam (middle) receives the first Young
Lawyer of the Year Award from 2004–05 YLS
Chair Mark Wilson (right) and YLS Board
Member Mike Mascia (left)
Chris Lam of Kennedy Covington Lobdell &
Hickman LLP was awarded the first ever Young
Lawyer of the Year Award by the Section at its
annual Summer Social and Wine Tasting. In
addition to serving as a member of the Continuing
Legal Education Committee of the Mecklenburg
County Bar, the Justice Bobbitt Inn of Court, and
the Bar Candidate Committee of the North
Carolina State Bar Board of Law Examiners, Chris
contributed over 1,000 pro bono hours in
representing Washington and Beaufort Counties in
their effort to block a U.S. Navy plan to construct a
landing field on land that lies in both counties. The
counties contend this landing field would harm the
local economy, uproot many families who have
farmed the land for generations, and upset the local
ecosystem. Lam worked with a team of other
lawyers at Kennedy Covington to obtain a
permanent injunction blocking the Navy proposal.
The YLS would also like to recognize the
following young lawyers for their outstanding contributions to the Bar and community in 2004–05:
Kenny Coble of Dozier Miller Pollard & Murphy LLP
for his service as Corporate Sponsor Chair of the
Mecklenburg County Relay for Life for the benefit of
the American Cancer Society, Anne Randall of
Alston & Bird LLP for outstanding pro bono work
and contributions to the YLS, Tom Gates of
Robinson Bradshaw & Hinson PA for outstanding
service to the Catawba Lands Conservancy and
other extensive community involvement, and
David Saye of Womble Carlyle Sandridge & Rice
PLLC for extensive and successful pro bono
representations.
July 2005
by The Lawyer Support Committee
Perfectionist or OCD?
Increasingly, when I am engaged in a
project at the firm, I just can’t seem to
let it go. If it’s successful, I strive to
make it perfect. If it was a bust, then I
ruminate for days on end over every mistake I made
along the way. During law school through my first few
years of practice, this dogged determination to make
things work served me well. But lately, I feel like I
can’t let myself turn my mind off. How can I tell
whether I am just being a good lawyer or if I am
taking this thinking too far?
Signed, C’est Moi
Q
Dear C’est Moi,
In general, a strong desire to get things right is
not in and of itself tantamount to mental illness.
We lawyers often tend to be perfectionists. Such a
tendency enables us to better serve our clients. We
get paid to be detail-oriented or, as Jerry Seinfeld
once said, “the only ones playing the board game
are the ones who read the rules on the back of the
box.”
But when does a tendency towards
perfectionism cross the line to being an actual
disorder? You may have heard the term obsessive
compulsive disorder (OCD) and may be worried
that your behaviors make you a candidate for such
a diagnosis. It may soothe your mind to compare
yourself to a more typical presentation of OCD as
recounted on the website for the National
Alliance for the Mentally Ill (www.naimi.org):
“A lawyer insists on making coffee several
times a day. His colleagues do not realize that he
lives in fear that the coffee will be poisoned, and
he feels compelled to pour it down the drain. The
lawyer is so obsessed with these thoughts that he
spends 12 hours a day at work—four of them
worrying about contaminated coffee.”
Other common manifestations of OCD to
watch for include any of the following:
1. repeatedly checking things in order to feel
secure,
2. fear of potential to harm others,
3. fear of being dirty or contaminated,
4. constant arranging/ordering of objects,
5. exaggerated concern with physical
imperfections,
6. fascination with numbers, believed to possess
good and evil qualities, and
7. perseveration on sin and/or blasphemy.
OCD is thus characterized primarily by
profoundly irrational thoughts or whimsical and
time-consuming rituals; otherwise, a clinical case
of OCD is not supported. Of course, your own
thoughts will usually seem rational and nonwhimsical to you, so it is always a good idea—if
you really are concerned about these issues—to
seek input from trusted friends or family members
in order to help you see what you may not be able
to see in your own life.
If you do feel a compulsion to exercise
excessive mental or interpersonal control over
everyday life (in the form of an unhealthy
preoccupation with details, lists, rules, orderliness,
and perfectionism), it is possible that you may
have symptoms of obsessive-compulsive
personality disorder (OCPD)—which is distinct
from, more common than, and more manageable
than true OCD. According to Medicor Lab’s The
Health Center (www.thehealthcenter.info/
emotions/perfectionism), the signs and symptoms
associated with perfectionistic tendencies or an
obsessive compulsive personality disorder include:
• emotional isolation,
• inflexibility and rigidity,
• a tense, “uptight” attitude toward life,
• excessive attention to minor details,
• miserliness,
• abandonment of personal projects, and
• a desire for complete personal effectiveness
and competence.
There are in fact a number of coping strategies
that one can adopt to help deal with OCPD or its
milder cousin perfectionism. Consider the
following coping strategies suggested by The Health
Center (www.thehealthcenter.info/emotions/
perfectionism):
95% Solution—Reset your personal standard of
success for 95%, rather than 100%; let yourself
enjoy the success of a very good result that may
fall short of sheer perfection.
Approximation—As with the game of horseshoes,
in life, points are often scored for getting near the
stake. Go for the attainable, not the elusive
standard of “perfection.”
Criticize the Critics/Doubt Your Doubts—
Criticism, especially from oneself, can generate
unrealistic expectations. Examine the “thinking
behind your thinking”: Is it really true that this
project must be letter-perfect? Is everything that I
am presuming or living for truly riding on this one
deal or case? Is my ultimate happiness truly tied to
this person’s approval of me?
Find the Equator—Be flexible in your
expectations of others, and learn to meet
them halfway.
Good Parent—Put to bed the notion of being a
Super Parent. Strive to be a good-enough parent—
of both your children and your files! No parent is
equally effective in everything at all times, and
often how the child, or case, turns out is beyond
the parent’s control. Recognize that absolute
control—of anything or anyone—is an illusion.
People Pleaser No More—Accept the reality that
you cannot please all of the people all of the
time—and neither can anyone else!
Ego Diet—The earth is not the center of the
universe, and neither are you. Shrink your ego
such that you need not demand perfection of
those around you—including yourself—in order to
be happy.
Consulting a counselor, physician, life coach,
clergy person, or trusted friend may be prudent
when troubling thoughts, feelings, or behaviors
arise. In the meantime, do not worry about it,
C’est Moi, at least not incessantly.
Signed, Atticus
“Atticus Answers” has been brought to you by the
dedicated members of the Lawyer Support Committee:
Don Carroll; Kevin Davis; Tom Dickinson; G.H.
Dornblazer, MD; Michael Hall; Peggy Hey; Cheryl
Isley; Michael Kahn; Amanda Mingo; Chris Osborn;
Joe Parisi; Sara Pressly; Nancy Roberson; and
Cassandra Tydings. Please remember that any member
of the Committee is available to talk about anything.
Your conversation will be privileged and confidential.
Lawyers in the News
continued from page 1
Nine Attorneys Among
“40 under 40”
Nine attorneys were among the Charlotte
Business Journal’s “40 under 40.” According to the
Journal, the yearly selections include 40 people
under 40 years of age “who are making major strides
in their careers and impacting their communities.”
The recipients, (with their last book read) include:
David Armistead, general counsel of CT
Communications (The Biography of John Adams);
Dianne Chipps Bailey of Robinson Bradshaw &
Hinson (Your Two-Year-Old: Terrible or Tender);
Kimberly Cacheris of McGuireWoods LLP (The
Nanny Diaries); Jeffrey Hart of Robinson Bradshaw
& Hinson (Three Days in August); Carlos Pauling,
vice president and assistant general counsel of
Wachovia Corp. (Rich Dad, Poor Dad); Paul
Steffens of Kennedy Covington Lobdell &
Hickman LLP (Green Mansions); W. DeVane
Tidwell of Helms Mulliss & Wicker PLLC (Our
Kind of People: Inside America’s Black Upper Class);
Whit Wilks, senior vice president of US Trust Co.
(The Kite Runner); and Stacy Wood of Parker Poe
Adams & Bernstein LLP (Therapy).
July 2005
Poyner & Spruill Participates in Alzheimer’s Walk
Michelle Hunt, Marshall Yoder,
and other personnel from Poyner &
Spruill LLP, together with friends and
family, participated in the Alzheimer’s
Association Mecklenburg County
Memory Walk on June 4. Seton Hunt
of Kennedy Covington Lobdell &
Hickman was also part of the “team.”
The participants raised donations
to support research and effective
treatments and to improve the lives of
people affected by Alzheimer’s. The
Alzheimer’s Association is a voluntary
health organization dedicated to
finding preventions, treatments, and,
eventually, a cure for Alzheimer
dementia.
This is the first year a team from
his firm has participated, according to
Yoder, who hopes it will become an
annual event. “It was a pleasant walk
for a good cause,” he says.
Poyner & Spruill Memory Walkers
www.meckbar.org
5
to Discuss
Bar Supports Drug Treatment Colby
Right-to-Die
and Family Courts
Ethics
The Mecklenburg County Bar’s Judicial/Court Funding Committee, chaired by and composed of
Ozzie Ayscue and Bob Henderson, drafted the following resolution to support proper funding of the
Drug Treatment Court and Family Court. Jon Buchan, then-president of the Bar’s board presented it for
the MCB to review on May 26, 2005. The MCB is in full support of the resolution.
RESOLUTION
Twenty-Sixth Judicial District (Mecklenburg County) Bar
Mecklenburg County, North Carolina
WHEREAS, the North Carolina Senate has released a proposed budget that eliminates $1,000,000 in
funding, or essentially all staff and treatment services, from the Drug Treatment courts and $492,994, or
approximately eight positions, from the family courts;
WHEREAS, these programs help the community by addressing multiple underlying problems, rather
than merely resolving the legal matter brought before the court;
WHEREAS, Mecklenburg County has achieved outstanding success in using its ten-year-old Drug
Treatment Court, which has become a model for the State, where other countries have duplicated it,
and to the nation, to help straighten out the lives of people whose continued addiction and related
crimes would have burdened the entire justice system—from law enforcement, to the courts, and
ultimately to the penal system, where the recidivists, the people who are not cured, become wards of
the State;
WHEREAS, family courts, by assigning one judge to deal with entire dysfunctional families, help save
children, our most precious resource, both from growing up in neglect and ultimately from repeating the
pattern of their parents’ lives, while steering their parents away from conduct that often spirals
downward into criminal conduct;
WHEREAS, the key component for success of these programs is the coordination of services and the
ability to hold all parties accountable through court staff, the partnership between the judge and case
manager in these courts forms the very nucleus of the program, and removing that nucleus from the rest
of the team will cause either the demise of the program or its serious weakening;
WHEREAS, the proposed cuts will have a tremendous adverse, negative impact upon the overall
administration of criminal and civil justice in not only the Twenty-Sixth Judicial District, Mecklenburg
County, but throughout the State of North Carolina;
The Bar joins the
Mecklenburg County Medical
Society, Bioethics Resource
Group, and Hospice &
Palliative Care Charlotte
Region in cosponsoring a
Mecklenburg Bar CLE
program by William H.
Colby: “Cruzan to Schiavo:
Bill Colby
Lessons for the Future.” Mr.
Colby, who represented the Cruzan family in that
famous right-to-die case, will discuss the ethical
issues from his experience with the Cruzan case and
his observations on the tragically similar Schiavo case.
Author of The Long
Goodbye: The Deaths of Nancy
Cruzan, Mr. Colby is
currently a Fellow at the
Midwest Bioethics Center. He
received his Bachelors of Arts
from Knox College in
Galesburg, Illinois, and his
Juris Doctorate from the
University of Kansas School
of Law. He then clerked at the D.C. Circuit Court
of Appeals and practiced law in Washington, D.C.,
and Kansas City. Mr. Colby also taught at the
University of Kansas School of Law.
The dinner program will start at 5:45 pm
(registration) and continue until 8:30 pm on
Thursday, September 22, 2005, at the Hyatt
SouthPark. Fees are $60 for the dinner only and
$90 to receive one hour of CLE ethics credit.
WHEREAS, these cuts will have particular negative impact upon the poor, the disadvantaged, and the
addicted, and further hinder their ability to become productive taxpaying citizens:
NOW, THEREFORE, the Board of Directors of the 3,600-member Twenty-Sixth District
(Mecklenburg County) Bar, HEREBY RESOLVES that:
1. All members of the Mecklenburg County delegation in the General Assembly be advised that the
Mecklenburg County Bar strenuously opposes the proposed elimination of funding for Drug Treatment
Court and Family Court; and,
2. Funding should be restored for these programs that reduce recidivism and save Mecklenburg County
and the State of North Carolina money that would otherwise be spent for additional prison and jail
facilities.
3. Any new revenues generated through an increase in court fees ought in fairness go to the direct
benefit and maintenance of services furnished by the Judicial Branch, and not be allocated to purposes
unrelated to the courts that produce them.
This is 26th day of May 2005.
Jonathan E. Buchan, President
Twenty-Sixth Judicial District
(Mecklenburg County) Bar
Join or
Renew
Your Section
Memberships!
Remember to check and add
the annual dues for your
Section of interest on your annual
Membership Invoice
to sign up for 2005–06.
Most Section memberships
are $25.00;
Young Lawyers Section
membership is just $10;
Criminal Justice membership for
Assistant DAs and Assistant PDs
is $10; judges’ fees are waived.
What about Committees?
More on Committee membership
sign up coming next month!
Reserve the
Date for Fall
Swearing In
New admittees to the North
Carolina State Bar will be sworn in
on Thursday, September 29, 2005,
at Spirit Square.
A reception at Spirit Square will
immediately follow the ceremony.
6
www.meckbar.org
July 2005
Nominating Committee Report
2004–05 Year-End Reports
Fee Dispute Resolution Committee
BY
BRETT J. DENTON, CHAIR
The Mecklenburg County Bar Fee Dispute
Resolution Committee is comprised of 25
volunteers, 18 lawyers, and 7 lay members. The
Committee investigates, mediates, and arbitrates
fee disputes between attorneys and their clients.
In the period from May 20, 2004, to May 31,
2005, 94 files were opened and 64 files were
closed. Of this year’s files, 26 were resolved by
settlement or binding arbitration; 28 were closed
without resolution, leaving the parties to pursue
legal action; and 20 files remain open.
The disputes were most heavily concentrated
in the domestic practice area (20 files), and the
remaining fee disputes encompassed other practice
areas such as criminal, real estate, employment,
tax, probate, personal injury, bankruptcy, and
immigration.
The amounts in dispute ranged from $90 to
$228,807. Five files involved disputed fees in
excess of $10,000. The average resolution figure
(either by refund of payment) was $1,787.
The Bylaws of the Fee Dispute Resolution
Committee are posted on the Bar’s website. Any
attorney wishing to become a member of the
Committee or having questions about the
Committee’s procedures is invited to contact
Chair Brett Denton.
Grievance Committee
BY
ROBERT DORTSCH JR., CHAIR
The local Grievance Committee is, in effect,
the investigative arm of the North Carolina State
Bar Grievance Committee. The Committee
investigates grievances and makes recommendations
to the State Bar Grievance Committee whether or
not probable cause exists to believe that the
respondent attorney has violated one or more
provisions of the Rules of Professional Conduct.
The State Bar always makes final disposition of
the grievance. Currently, there are 16 members of
the 26th Judicial District Grievance Committee.
The majority of members are attorneys who
volunteer their time to handle investigations.
There are also 3 lay members who lend their
expertise and make recommendations, but do not
investigate specific cases.
The majority of cases are processed through
the Mecklenburg County Bar (MCB) office.
The MCB receives approximately 25% of its
cases from the State Bar. Most grievances filed
will initially be investigated by the MCB
Grievance Committee, except those that allege
misappropriation of funds, conduct relating to
practice in another county, or cases when
multiple grievances are being filed against the
same attorney.
During fiscal year 2004–05, the Grievance
Committee assigned 35 cases for investigation.
Fifteen of these cases are still under investigation.
The Committee made recommendations of
no probable cause on 15 cases last year. There
were eight findings of probable cause. Two cases
were transferred from the Grievance Committee
to the Fee Dispute Resolution Committee.
Bar Foundation Grants
BY
CHRISTOPHER M. VANN
The Mecklenburg Bar Foundation is a
charitable organization created in 1962 to advance
public understanding and respect for the rule of
law and the role of the legal profession; to promote
the highest ideals of professionalism, public
service, and access to the legal system; and to
support the goals of the Mecklenburg County Bar.
In keeping with its mission, the Bar Foundation
awarded the following grants in 2004–05:
1. $3,740 to the Office of the Public Defender to
send investigators to the National Defender
Investigator Association Conference in
Chicago. Sylvia Summers, an investigator
with the public defender, said that the
conference was “wonderful.” The attendees
were able to network with other investigators
from across the United States and participate
in several classes to learn techniques on
operating more efficiently. Each Mecklenburg
attendee went to different sessions of the
conference, then they met as a group to share
what they learned. Sylvia hopes to attend
next year’s conference.
2. $2,500 to the Drug Treatment Court for a
public awareness gala in recognition of the
Court’s 10th anniversary. Mecklenburg
County has the first drug treatment court in
the state. The Court accepts offenders
charged with non-violent drug charges and
provides 12 to 24 months of treatment with
biweekly court sessions to monitor progress.
The normal recidivism rate for a drug offender
is 44%. The Drug Treatment Court has a
July 2005
recidivism rate of 11.3%. The Court is also
cheaper than jail. It costs $2,500 a year for
each offender to go through the Court, while
it costs $25,000 a year to house one offender
in jail. More than likely, the offender leaves
jail with his drug addiction intact.
Janeanne Tourtellott, program administrator
of the Drug Treatment Court said that 175
people attended the gala in April, including
Judges Shirley Fulton, James Lanning, and
Phillip Howerton, who were instrumental in
establishing the Court. The guest speaker was
Judge Harvey Hoffman, a district court judge
from Charlotte, Michigan. There was also a
presentation from graduates of all 10 years of
the program.
3. $10,000 to the Lawyer Support Committee to
provide loans to Bar members who are without
insurance coverage or adequate funds to afford
treatment for mental illness and addiction.
4. $22,000 to the Bar Leadership Institute,
which provides training for lawyers for
leadership opportunities within the Bar and
the community at large.
5. $5,000 to the Carolina Center for Civic
Education to cover the costs of the 2005
National High School Mock Trial
Championships, which Mecklenburg County
hosted in May.
6. $250 to help with the costs of Jury
Appreciation Week 2005.
The Mecklenburg County Bar Foundation
looks forward to receiving grant proposals for 2006
consistent with its mission statement.
www.meckbar.org
Bar Foundation
Officers/
Directors for
2005–06
The Nominating Committee of the
Mecklenburg Bar Foundation proposes that the
following individuals be nominated for the
indicated positions for the year 2005–06:
Officers:
Marion A. Cowell Jr.–President
James R. Bryant III–Vice President
Claire Rauscher–Secretary
Cassandra H. Tydings–Treasurer and Chair,
Finance & Investment Committee
DeWitt F. (Mac) McCarley–Chair, Planning &
Development Committee
Maria Long–Chair, McMillan Fellowship Fund
Committee
Directors–Class of 2008
Current Directors to be re-elected to second term:
Martha G. Barber
Carolyn Mints
Claire Rauscher
New Nominees:
James R. Bryant III
Maurice O. Green (MCB Appointee)
Alice K. Moore
Randel E. Phillips
Bar Financials
2004–05
Year-end financial information
and
the 2005–06
approved budget
will appear in the
August 2005 newsletter
Fall Tee Off
It may be a little early to think about
autumn, but it’s the perfect time to
think about golf. The Social/Sports
Committee hopes to schedule the
Annual Golf Tournament in early
October this year. So save those first
couple of Mondays and think perfect
fall weather for a great game!
More on this coming soon.
7