Clearing Our Clogged Courts
Transcription
Clearing Our Clogged Courts
February 2007 Volume 33 No. 8 Clearing Our Clogged Courts BY JON In This Issue Clearing Our Clogged Courts.................................cover From the President .........................................................1 Lawyers in the News ......................................................1 CLE Courses ...................................................................2 A New Voice for Children ............................................3 Lawyer Referral Service .................................................3 Summertime in the Dual-Career Lawyer Marriage......4 2006–07 MCB Directory ...............................................4 MCB BLI Announces ‘07 Participants .........................5 From the Leary Bar.........................................................5 The Bar Spreads Holiday Cheer....................................6 MCB Holiday Party........................................................6 Dedicated to Diversity Conference...............................6 Liberty Bell & VLP Pro Bono Awards Nominees Sought .............................................................................7 Patrons Fund Campaign.................................................7 McMillan Fellowship Applications Available..............7 Basketball Season Sign Up ............................................7 MECKLENBURG COUNTY BAR PRSRT STD 438 Queens Road Charlotte, NC 28207 U.S. POSTAGE PAID CHARLOTTE, NC PERMIT NO. 3337 DATED MATERIAL GOLDBERG A line of people awaiting Will Esser’s advice had already formed when he arrived at the Mecklenburg County courthouse at 8:30 a.m. Esser first counseled a couple preparing for a child custody matter. For the next four hours, pro se family law litigants peppered him with procedural, trial, and appeals questions, including one family who had just moved from Thailand and wanted to learn how to change their child’s name. In so doing, Esser, a litigator at Parker Poe Adams & Bernstein, Esser became one of the first volunteers for the new Judicial Pro Se Project. What Is the Judicial Pro Se Project? Internal studies at the Mecklenburg County Courthouse have concluded that up to two-thirds of pending family law cases have at least one pro se party. Such a high percentage of unrepresented litigants can further clog an already backlogged family court system and limit or deny justice for those who are not sure how to maneuver through the system. To combat these and other problems, leaders in North Carolina’s 26th Judicial District and the Mecklenburg County Bar (MCB) recently created the Judicial Pro Se Project, a program that, in part, permits low-income pro se litigants to meet with volunteer attorneys to get answers to basic questions about family court processes. To date, Mecklenburg County attorneys have pledged more than 1,000 hours for 2007. “There is a pressing need for attorneys to represent indigent people or just people without attorneys in the family courts,” said Eric Cottrell, a Cottrell member of the Judicial Pro Se February 2007 Coalition, Co-Chair of the MCB Volunteer Lawyers Program Committee, and a litigator at Mayer Brown Rowe & Maw. His firm has committed 25 volunteer hours for 2007. “There is apparently just a huge buildup of cases.… This will help grease the wheels and get people in and out of family court.” Solutions for Unclogging the Court System The Judicial Pro Se Project is just one of a number of initiatives to spring from a series of meetings held by leaders in the 26th Judicial District over the past several years after they developed an increasing awareness of the impact of pro se litigants on the judicial system. For example, a 2006 report by Richard P. Stroker of the Center for Effective Public Policy titled “Center for Court Solutions Partner Court Project Pro Se/ Pro Bono Issues” noted that pro se litigants in Mecklenburg County are involved in a large percentage of cases before the Criminal Administrative Court (for misdemeanor cases), in probate and other special proceedings, and in small claims court, where they represented the vast majority of the more than 44,000 plaintiffs in 2005 alone. Besides litigants’ inability to pay for a lawyer, Stroker’s report suggests that many litigants might increasingly opt for the pro se route because of “popular television shows that characterize court proceedings as simple matters, and with issues resolved in a matter of minutes.” Regardless of the cause, local leaders devised a number of solutions to deal with the issue. So far they have • secured $100,000 in grants and other funding to develop computer programs to aid pro se litigants in accurately creating and filing various legal forms; • developed guides for individuals involved in probate or other special proceedings, and created a special information sheet to advise small claims litigants about procedural issues; and • begun steps to create a Family Law Facilitator position in partnership with the Department of Social Services to assist friends and family members establish legal custody of children who have essentially been abandoned by their biological parents. continued on page 2 www.meckbar.org February 2007 Volume 33 No. 8 From the President Corporate/InHouse Counsel Our Bar now has more than 3,800 licensed attorneys. Out of that number, many practice in the legal departments and business units of corporations. The Mecklenburg County Bar’s Corporate Tony Lathrop, Counsel Section, headed MCB President by Craig Baldauf of Bank of America, is a great avenue for these attorneys to derive even more benefit from their membership in our Bar and to contribute their time and talent for the benefit of the Bar and the community. Under Craig’s leadership, the Corporate Counsel Section is planning innovative and interesting continuing legal education (CLE) courses that will be particularly attractive to attorneys practicing in corporate settings as well as to attorneys in private practice. Potential topics include privacy/data protection, patents/trademarks/trade secrets, general employment law, immigration, conducting in-house investigations, commercial bankruptcy/work outs, and “What I Wish I Had Known” presented by a general counsel or other senior lawyer. In addition, the section will host periodic lunches with speakers of interest; the next such lunch will be hosted by Carolina Panthers General Counsel Richard Thigpen at Bank of America Stadium. Moreover, many attorneys have moved here from other jurisdictions to join corporate legal departments but have not yet obtained a North Carolina license. We are exploring ways for these attorneys to connect with the Mecklenburg County Bar and receive information about Bar activities that may be of interest to them, including CLE courses, social/sports activities as well as participation in sections, community and professional service, and other areas. This idea continues to develop. We welcome your participation, ideas, suggestions, and feedback regarding the Corporate Counsel Section. Please do not hesitate to contact Craig Baldauf at 704/386-1630 or me at 704/331-3596. We look forward to hearing from you. Courthouse Back Hall Access I received a lot of feedback in response to my column last month regarding back hall access in the new courthouse. There were so many calls, comments, and e-mails that the topic warrants mention again in this space. On the pro-access side (the overwhelming majority of feedback), the primary themes were efficiency (facilitation of efficient completion of the work of the courts) and the fact that lawyers are officers of the court. The primary anti-access sentiment involved possible appearances of impropriety when lawyers enter courtrooms through the same doors as judges. Please do not hesitate to send me your comments and feedback regarding this issue. My e-mail address is [email protected]. Conclusion The high level of engagement by so many continued on page 5 February 2007 by Robert P. Johnston Thalheimer Takes a Holiday While his colleagues were moving into the new courthouse, District Court Judge Ben Thalheimer was moving down the ski slopes of the French Alps. Few would suspect that Thalheimer is an accomplished skier. His father, however, established Appalachian Ski Mountain (formerly Blowing Rock Ski Lodge), one of the first ski areas in the South. The judge served as a junior and senior member of the National Ski Patrol as well as taught at Appalachian Ski Mountain and Sugar Mountain. In addition to skiing, Thalheimer went parasailing, floating from the peaks of the Alps, overlooking the picturesque resort of Val D’Isere, France. Judge Thalheimer skis the French Alps State Bar Recognizes 50-Year Lawyers The North Carolina State Bar recognized five Charlotte attorneys celebrating the 50th anniversary of their admission to practice. Then–State Bar President Calvin Murphy presented those honored a commemorative certificate at a 50-Year Lawyers Luncheon in conjunction with the State Bar’s Annual Meeting. Those honored from Charlotte include Frances Fletcher Jr., Paul Guthery Jr., Russell Robinson, II, Richard Thigpen Jr., and Sydnor Thompson Jr. Six Local Bar Councilors Elected The 26th Judicial District has elected six Bar Councilors to join William Claytor in representing the local Bar in the North Carolina State Bar. The six are David Allen, Robert Bernhardt, Nelson Casstevens Jr., Ronald Gibson, Fincher Jarrell, and Mark Merritt. Local Attorneys Interview Bar Candidates Interviewers for the February 2007 bar exam Members of the Mecklenburg County Bar devoted most of Saturday, January 13, to interviewing candidates for admission after the February bar exam. Ted Shapack headed the Bar candidate committee, which interviewed a record number of candidates for the February exam. “Last year we had 75; in prior years we averaged 50–55. This year there were over 100 candidates,” Shapack reported. Attorneys participating in the interviews included William Acton Jr., Lou Agosto, Jay Akers, Cynthia Aziz, Robert Dortch Jr., Ross Fulton, Judge Robert Johnston, Judge Eric Levinson, James Mason Jr., Anu Murthy, Claire Rauscher, Susanne Robicsek, Terry Sherrill, Todd Sprinkle, Anne Tompkins, and Richard Wright. Charlotte Attorneys Named to Legal Elite For the sixth year, Business North Carolina has listed as “Legal Elite” attorneys representing slightly more than three percent of the North Carolina State Bar membership. Eighteen thousand ballots were mailed to North Carolina attorneys, and more than 2,500 lawyers received votes. Past winners become members of the “Legal Elite Hall of Fame” and are ineligible to win again. Fourteen categories were recognized. Charlotte attorneys in this year’s “Legal Elite” include: Antitrust—Dan Clodfelter, Mark Horoschak, Mark Merritt, and John Murchison. Bankruptcy—David Badger, Thomas Cabaniss, Dan Clodfelter, David Conaway, Albert Durham, David continued on page 7 www.meckbar.org 1 Clearing Our Clogged Courts continued from cover Live Programs The North Carolina State Bar will mail the 2006 CLE Annual Report Forms on January 29, 2007. Forms must be returned to the State Bar CLE Department no later than February 28, 2007. All hours for 2006 must be taken by February 28, 2007. For more information visit www.nccle.org. Annual Review CLE Credit: 12.0 hours total (3.0 Ethics, 1.0 Substance Abuse, and 8.0 General), fulfilling one year of NCSB-mandated CLE hours Dates: Friday, February 9, and Saturday, February 10, 2007 Location: Crowne Plaza Uptown (formerly Best Western Uptown), 201 South McDowell St. Fee: $495 attorney rate after 2/1/07 Estate Planning Series CLE Credit: 4.5 hours total (1.0 Ethics and 3.5 General) Dates: Friday, January 19, 2007, 7:45–8:45 a.m. (Ethics) Friday, January 26, 2007, 8:00–9:00 a.m. (Advanced Topics) Tuesday, February 13, 2007, 8:00–9:00 a.m. (Family Limited Partnerships) Thursday, February 22, 2007, 8:00–9:30 a.m. (Family Business Succession Planning) Please arrive 15 minutes before the start of each session Location: MCB Center, 438 Queens Rd. Fees: $50 attorney rate for single session or $175 attorney rate for all four, $30 paralegal rate for single session or $100 paralegal rate for all four Collection Law CLE Credit: 3.0 hours total Date: Thursday, February 15, 2007 Time: Reg. 8:30 a.m. Program 9:00 a.m.–12:15 p.m. Location: MCB Center, 438 Queens Rd. Fees: $110 attorney rate, $65 paralegal rate Litigating Alienation of Affections and Criminal Conversation Cases MCB Family Law Section and CLE Program CLE Credit: 1.0 hour General Date: Thursday, February 15, 2007 Time: Reg. 12:15 p.m. Program 12:45–1:45 p.m. Location: MCB Center, 438 Queens Rd. Fees: $35 Family Law Section member rate, $40 Non–FLS member attorney rate Civil Litigation Forum—Views from the Bench and Litigation Techniques Moved from 2/16/07 to 3/30/07 Changing Lanes: Ethical Dilemmas and Their Impact on Attorney Mental Health CLE Credit: 2.0 hours Mental Health/ Substance Abuse Date: Monday, February 19, 2007 Time: Reg. 12:30 p.m. Program 1:00–3:00 p.m. Location: MCB Center, 438 Queens Rd. Fees: $90 attorney rate, $45 paralegal rate Diversity Matters CLE Credit: 3.0 hours total Date: Friday, February 23, 2007 Time: Reg. 8:30 a.m. Program 9:00 a.m.–12:00 p.m. Location: Junior League, 1332 Maryland Ave. Fees: $135 attorney rate, $65 paralegal rate Private Capital Markets CLE Credit: 4.0 hours General Date: Friday, February 23, 2007 Time: Reg. 8:30 a.m. Program 9:00 a.m.–1:00 p.m. Location: MCB Center, 438 Queens Rd. Fees: $175 attorney rate, $90 paralegal rate Computer Forensics and Electronic Discovery CLE Credit: 3.0 hours General Date: Monday, February 27, 2007 Time: Reg. 8:30 a.m. Program 9:00 a.m.–12:15 p.m. Location: MCB Center, 438 Queens Rd. Fees: $135 attorney rate, $65 paralegal rate Objectives Strategies and Litigation Tactics in Front of the Trademark Trial and Appeal Board CLE Credit: 3.0 hours General Date: Wednesday, March 7, 2007 Time: Reg. 8:30 a.m. Program 9:00 a.m.–12:00 p.m. Location: MCB Center, 438 Queens Rd. Fees: $110 attorney rate, $55 paralegal rate Civil Litigation Forum—Views from the Bench and Litigation Techniques CLE Credit: 6.0 hours General Date: Friday, March 30, 2007 Time: Reg. 8:30 a.m. Program 9:00 a.m.–4:00 p.m. Location: Chamber of Commerce Fees: $180 Civil Litigation Section member rate, $210 non–CLS member attorney rate, $90 paralegal rate Divorce 101 CLE Credit: 1.0 hour General Date: Friday, April 20, 2007 Time: Reg. 3:45 p.m. Program 4:00–5:00 p.m. Location: MCB Center, 438 Queens Rd. Fees: $40 attorney rate, $27 paralegal/public rate Video Replay Trust Accounting CLE Credit: 1.0 hour Ethics Date: Wednesday, February 14, 2007 Time: Reg. 8:45 a.m. Program 9:00–10:00 a.m. Location: MCB Center, 438 Queens Rd. Fees: $55 attorney rate, $30 paralegal rate Mental Health Tune-Up CLE Credit: 1.0 hour Mental Health/Substance Abuse Dates: Friday, February 16, 2007, Friday, March 16, 2007 Time: Both 1:00–2:00 p.m. Please arrive 15 minutes prior to start of program Location: MCB Center, 438 Queens Rd. Fees: $60 attorney rate, $30 paralegal rate The Duty of Loyalty and Attorney Fees: Ethics Issues CLE Credit: 3.0 hours Ethics Dates: Friday, February 16, 2007 Wednesday, February 28, 2007 Friday, March 16, 2007 Time: All 9:00 a.m.–12:00 p.m. Please arrive 15 minutes prior to start of program Location: MCB Center, 438 Queens Rd. Fees: $135 attorney rate, $75 paralegal rate The Disease of Addiction CLE Credit: 1.0 hour Mental Health/Substance Abuse Date: Tuesday, February 20, 2007 Time: Reg. 11:45 a.m. Program 12:00–1:00 p.m. Location: MCB Center, 438 Queens Rd. Fees: $60 attorney rate, $30 paralegal rate Online CLE Programing Available at www.meckbar.org On demand, available 24 hours NC State Bar allows up to 4 hours of online courses annually Customer service line 800/590-6867 MCB endorses only Education Over the Net as our online hosting service 2 www.meckbar.org Of particular note to Mecklenburg County attorneys was the creation of the volunteer lawyer program to aid the courts. How the Program Works The program is intended to give pro se litigants in family court a 20-minute consultation with a volunteer attorney who can answer questions to help guide the litigant through the court system. After taking a continuing legal education–credited training seminar, which covers some basics of the family court process, lawyers can volunteer in shifts of two to four hours at a room in the new courthouse dedicated to the new program. There are two private offices for attorneys to meet with pro se litigants and a variety of materials to help aid litigants and the attorneys. “The SelfServe Center in the new courthouse is a really incredible facility,” said Erika Olson, a litigator at Kennedy Covington (which has committed 100 hours to the program). “It will really help the program.” Volunteering attorneys are not expected to be family law experts, and they do not need litigation experience. The assistance for a particular individual begins and ends with the 20-minute counseling session (and the litigants sign waivers to that effect). Before pro se litigants can even meet with an attorney, they are given proper legal forms with instructions, watch videos to help explain the forms, and attend clinics to review the forms and have questions answered in a group setting, said Todd Nuccio, Mecklenburg County’s Trial Court Administrator. The private session with the volunteer attorney is the final step before the court proceeding and is intended to answer pressing procedural questions that might thwart their efforts and delay the court process. A Little Help Can Go a Long Way Todd Sprinkle, a litigator at Parker Poe (which has committed 150 hours to the Judicial Pro Se Project), volunteered a shift in the week before Christmas. He aided pro se litigants on divorce, child custody and visitation, and other matters Sprinkle by reviewing various forms and answering some basic questions. He consulted with seven or eight litigants during his shift. Sprinkle clerked for a judge while in law school and saw firsthand why this type of program is needed for pro se litigants. “Usually the process doesn’t go smoothly,” Sprinkle said. “Sometimes a little help can go a long way.... I was a little worried that I wouldn’t be much help. But I think they left a little better off than when they came in.” Organizers hope this program will appeal to attorneys who are interested in pro bono work but who need the structure of a specific shift instead of potentially more ambiguous hours involved in other types of pro bono work. “We need a lot of help,” Olson said. “This isn’t just a program for litigators. It’s about providing basic advice, but advice that can’t be provided by anyone but an attorney.” How Do I Sign Up? E-mail the Volunteer Lawyers Program at [email protected] or call the Mecklenburg County Bar at 704/375-8624. Notice from the MCB Board: Please see the insert in this issue for Bar members elected to the 2006–07 Nominating Committee and procedures to send them nominations. February 2007 Council for Children’s Rights— A New Voice for Children BY BRETT LOFTIS, EXECUTIVE DIRECTOR, COUNCIL FOR CHILDREN’S RIGHTS Thousands of children in our community are falling through the cracks. Many of these children are terrorized by physical and sexual abuse, neglect, domestic violence, and substance abuse. These vulnerable children do not have a safe home, appropriate education, or mental health treatment to give them a fighting chance. The systems charged with serving them are complex, overburdened, and unresponsive. Too often, these children have no voice, no champion to ensure their ability to thrive. The Council for Children’s Rights (CFCR) is that voice. Almost a year ago, the former Council for Children and the former Children’s Law Center announced their consolidation into the new Council for Children’s Rights: one powerful organization dedicated to protecting the rights of children in our community. The CFCR, chaired by Russ Sizemore of Kennedy Covington, has had a successful first year as one of the nation’s largest and most comprehensive legal and advocacy programs for children: • With the help of a new volunteer coordinator, we’ve expanded opportunities for concerned community members to become involved in our mission—allowing more children to receive services that they need. • With 13 attorneys, as well as 11 highly trained advocates and professional staff, we provide a full range of research, advocacy, and legal services for children. We anticipate over 3,000 cases this year and an additional 3,000–4,000 phone calls where we will provide advice and guidance for children in need. • This October we completed and moved into our newly expanded space—allowing all of our staff to be in the same office and facilitating further collaboration between teams and more effective utilization of different staff members’ areas of expertise. • In November, over 700 caring community members attended the Lunch for Children’s Rights, our first public event. Volunteer interest and funds generated from this widely successful lunch show that our community is supportive of our work and ready to make a difference for children. • The H. L. McCrorey Family YMCA awarded us their Martin Luther King Spirit Award at their annual Dr. Martin Luther King Jr. Prayer Breakfast. • We’ve won two key special education litigation cases in the past few months, both allowing children to receive the special education services that they are entitled to by law and that will help them to be successful. A year ago, we merged in order to make this community a better one for children. Today, we can assure you that Charlotte is a better community for children because of the Council for Children’s Rights: • Our Best Interest Advocacy program works to connect individual children to desperately needed mental health treatment, safe homes, and specialized education plans so that they can catch up and succeed. • Our Custody Advocacy Program investigates and then advocates for the best interest of children involved in high-conflict custody cases. • The Center for Children’s Defense, a subsidiary organization of the Council for Children’s Rights, serves as the public defender for children involved in the juvenile justice system or facing mental health commitment hearings. • Finally, our Systems Advocacy Team tracks trends and works on affecting change so that the child-serving systems can be more responsive to children’s needs. With a staff of only 24 and an annual budget of $1.7 million, we rely on concerned community members to help support our mission. We have several volunteer opportunities for caring individuals who want to help change the course for our community’s most vulnerable children. Children involved in our Custody Advocacy Program rely on both a volunteer attorney and a volunteer community member to help assure that their best interest is articulated and given attention. Lowincome and minority students facing long-term suspension or expulsion hearings rely on one of our volunteer Student Defense Project attorneys in order to protect their due process rights and assure they have the best opportunity to succeed. Children with special education needs benefit from having specially trained volunteers to assist their parents, teachers, and school administrators in assuring that no special education need prevents them from learning, growing, and succeeding. We have volunteer opportunities for both attorneys and non-attorneys—all of us can make a difference for a child in need. Please join with us. To volunteer, call 704/372-7961 and ask to speak to Whitney Allsopp, or e-mail [email protected] or [email protected]. To learn how you can support the Council for Children’s Rights, visit our website www.councilforchildreninc.org. LRS Enjoys Financial Stability, Success BY SALLY LARSEN, LAWYER REFERRAL SERVICE COORDINATOR The Lawyer Referral Service (LRS) underwent a dramatic and successful change last year. As a result, LRS is enjoying financial stability. LRS callers receive a half-hour consultation with an LRS panel member for a reduced fee of $50. In the past, clients paid the consultation fee directly to the attorney. This often resulted in clients not showing up to the appointment or simply wanting free advice over the February 2007 phone. Now, callers prepay the consultation fee directly to the Lawyer Referral Service and are much more likely to appear for their consultations. The Lawyer Referral Service then remits half of the consultation fee back to the attorney after the consultation has been confirmed. This fee restructure streamlines LRS and further ensures LRS panel members that their referrals are truly serious about their legal issue. Panel members are enjoying the success of the fee restructuring as well. One firm recently reported www.meckbar.org close to $13,000 in retainers from referrals in the past nine months. Additionally, LRS still provides a valuable service to the community. The LRS staff is committed to finding agencies and other resources that may better assist callers in the event LRS cannot. If you are an attorney interested in supporting this long-standing and valuable program the Bar has offered for over 50 years, please contact LRS Coordinator Sally Larsen at 704/375-8624, x115. 3 Lawyer Support Committee Summertime in the Dual-Career Lawyer Marriage BY MICHAEL E. HALL, PH.D “Say, how’s married life?” is a question fielded by couples at various times across the marriage life cycle. Asked during the “springtime” season or newlywed phase of marriage (the first three to five years), the question may be an invitation to boast of an exotic honeymoon, or perhaps it is an opportunity to lament the failure to achieve a distinct couple identity (see “Winning at Law and Love,” Mecklenburg Bar News, April 2006). However, couples in the subsequent or “summertime” season of marriage often approach the question quite differently. While the primary goal in springtime marriages is “bonding,” the primary challenge in summertime is frequently “expansion”: how the couple handles the addition of their first child. François and Maria, a dual-career lawyer couple married for six years, describe the state of their marriage this way: “Kristi, our two-year-old daughter, is such a delight! We are both amazed by how much joy she brings us,” François says, beaming. Maria, playfully bouncing Kristi on her legs, quips, “At work, people inquire why of late we seem so much happier, even with our demanding careers.” On the other hand, Sean (an in-house attorney with a national insurance company) and Ashley (a dentist in a growing group practice), contemplate marital separation after eight years of marriage. “The thing is, I know we still love each other, but since our son Stanley was born three years ago, we seem to fight about everything: who left the dog out all night, child care, our families, money, and especially our stalled careers,” remarks Sean in exasperation. Sitting on the opposite end of the couch, Ashley tearfully shakes her lowered head in agreement. As couples become parents, they often find themselves either satisfied with their redefined marriage, or they begin struggling with newly surfaced problems originating with either spouse or left over from an earlier relationship period. François and Maria describe how they were able to achieve marital satisfaction: “Our 20s were devoted to our graduate school education, followed by the establishment of our careers,” François says. “I’m now a lawyer in a fairly prestigious firm, while Maria is a statistician with the Department of Labor. After the birth of Kristi, we decided to modify our careers. Maria cut back to three-fourths time, and I cut back my law practice to four days a week. It was an unprecedented move at my firm, but once the partners believed that I accepted the choice’s potential negative effect on advancement prospects, it was relatively smooth sailing.” Maria adds, “We’ve recently decided to have a second child next year. That shows the depth of our commitment to shared parenting.” François and Maria’s apparent success within their dual-career lawyer marriage reflects their maturity: they are both in their early 30s, and they really worked at bonding as a couple during the years before having their first child. During the springtime or newlywed phase, the couple’s relationship stabilized as the direct result of persistent—and, at times, painful —working through of the unrealistic expectations each brought to the marriage from their intimate relationships experienced during their formative years. Adding to their success, François and Maria learned to change their life roles in support of their joint decision to maintain their careers as well as to be parents and spouses. This mutually sacrificial and intentional nurturing of each other’s career aspirations, though often difficult, proved to be rewarding and deepened their marital bond. On the other hand, Sean and Ashley struggled in adjusting to their new roles as parents. However, the origin of their problems actually began before they married. Sean and Ashley secretly moved in together in their last year of professional school and married just days after graduation. Throughout their relationship, they spent nearly all their free time together, because, as Ashley describes, “It seemed so natural. We really preferred each other’s company, and we never squabbled.” Sean adds, “I’ve always done my best work when I’m with Ashley.” Ashley says, “After a couple years of marriage, I hinted that it might be nice to have a child. Not having thought much about it before and hearing ‘no sustainable objections,’ as Sean would insinuate, we just let it [the pregnancy] happen, I guess.” “Along with all this, our careers tanked!” Sean continues. “We weren’t fired, but the fire in the belly was little more than an ember. Ashley said I wasn’t willing to move when transfers came her way, which really isn’t true. It’s about my company not having offices in the cities where her opportunities surfaced.” With obvious surprise, Ashley blurts out, “Oh, this is the first I’m hearing this. You always made me feel I was selfish for even mentioning the option.” Sean and Ashley’s struggle with adjusting to their new roles as parents actually has more to do with an imbalance from their dating days. Their story illustrates how some couples confuse “fusion” (looking to a partner to “complete them”) with intimacy. This kind of excessive emotional dependence early in a relationship can produce an “enmeshed” marriage, where a spouse unrealistically places his or her entire sense of well-being on the other spouse. The spouse may then be unprepared to share himself or herself emotionally and intimately when they expand to a “family.” The result can be a less satisfying marriage and the surfacing of issues in areas of living unrelated to marriage. Sean and Ashley are an example of why divorce occurs during the summertime season of marriage more than at any other time. Just as some flowering plants lose their beautiful petals and are actually revealed to be weeds, some “good” young marriages prove inadequate when it comes to negotiating the transition to being parents in addition to being lovers and professionals. When a couple has trouble untangling various relationship issues once they become parents, intervention by a professional may be helpful. It does not mean that one or the other partner is “sick,” but that they as a couple lack the skills needed to overcome the challenges. A key mistake is thinking that the children themselves are the problem or that the career itself is the problem. Parenting is just plain difficult, and especially so when one has a demanding (even if rewarding) professional career. Often these stressors, as they mount, expose cracks in the foundation that were in need of attention long before, and they will need to be healed in order for the marriage to survive and thrive. As these examples hopefully illustrate, dualcareer couples welcoming children into the family will need to talk a great deal and be incredibly deliberate about working together to balance the various demands on their time. If the legitimate desires of each partner’s heart—for fulfillment in a career, a close-knit family, and more than a little romance with the love of their lives—escalate to demands, and no one is willing to give ground (or even discuss the subject), summertime may feel like a pressure cooker of sweltering heat. But with some attention, intention, and, if necessary, intervention, the blooms that take flower in this challenging season may be quite beautiful to behold. Michael E. Hall, Ph.D. (counseling psychology), a member of the Lawyer Support Committee, has a practice specializing in dual-career couple counseling. His contact number is 704/858-2984. The couples and situations in this article are fictional composites of those commonly reported by practitioners and seen in the author’s own practice. The 2006–07 MCB Directory Is Just in Time! The new membership directory includes everything you need to know about the new courthouse. There is a two-page floor layout that includes the locations of all the courtrooms, Larry King’s Clubhouse daycare facility, the SelfServe Center, the Jury Assembly Area, the Attorney Workroom, and much more. A full listing of all courtrooms, their functions, and phone numbers is also listed. Updated contact information on all the courts, judges, and offices you use every day are also included, making this year’s directory a critical resource for you and your staff. Members receive one copy free, but if you need to order extras, please check out the insert in this issue of Bar News. 4 www.meckbar.org February 2007 MCB BLI Announces 2007 Participants BY ALICE MOORE The Bar Leadership Institute (BLI), co-sponsored by the Mecklenburg County Bar (MCB) and the Mecklenburg Bar Foundation, is a five-month education program that provides leadership training to lawyers. Now in its sixth year, the BLI offers each participant an avenue to obtain insight into himself/herself, the Mecklenburg community as a whole, and the Mecklenburg legal community. After receiving more applications than spots available in the program, the MCB Bar Leadership Institute is pleased to announce its 2007 participants as follows: Alicia Almeida Bowers, Carolinas HealthCare System; Collin W. Brown, Horack Talley PA; William C. Bunting, Jr., District Attorney’s Office; Andrea C. Chomakos, Moore & Van Allen PLLC; Lope Max Diaz II, District Attorney’s Office; Lex M. Erwin, Erwin and Eleazer, PA; Nicole L. Gardner, Moore & Van Allen PLLC; Rebecca J. Horton, Katten Muchin Rosenman LLP; John Dennis Joye, City Attorney’s Office; Jonathan C. Krisko, Robinson, Bradshaw & Hinson, PA; Christopher Carlisle Lam, Kennedy Covington; Jeffrey A. Long, James, McElroy & Diehl, PA; Kathleen Kanable Lucchesi, Johnston, Allison & Hord, PA; Stewart McQueen, Dechert LLP; Timothy Ray Moore, Baucom, Claytor, Benton Morgan and Wood, PA; Paul M. Navarro, Helms Mulliss & Wicker, PLLC; S. Benjamin Pleune, Alston & Bird, LLP; M. Neya Warren, James, McElroy & Diehl, PA; Tonya J. Williams, The Council for Children’s Rights; and James B. (“Brit”) Young, Jr., Womble Carlyle Sandridge & Rice, PLLC. Applicants who were not able to participate in the 2007 BLI have been assured that they will be provided an opportunity to participate in the 2008 BLI. The 2007 BLI began with a kickoff dinner at Maggiano’s Little Italy restaurant on January 25, 2007. The following morning, all BLI participants headed off to the Catholic Conference Center in Hickory for a two-day retreat facilitated by Mike Whitehead, founder and president of Whitehead Associates, Inc. The retreat focused on professional leadership and culture development. At the retreat, the participants worked in groups and one-on-one to examine fundamental assumptions about the way they conduct their legal professional lives and how to best balance it with their personal lives. Beginning this month, participants will attend six additional three-hour evening sessions. Topics for 2007 include “A Case Study in Ethics and Volunteerism,” presented by James P. Cooney III, Womble Carlyle Sandridge & Rice, PLLC, and Anne Tompkins, Alston & Bird, LLP; “Perspectives on Segregation and Urban Development in Charlotte,” presented by Thomas Hanchett, Historian, Levine Museum, and Debra Campbell, Planning Director, Charlotte-Mecklenburg Planning Commission; “Issues Facing Governing Bodies,” presented by Maurice (“Mo”) Green, Chief Operating Officer of Charlotte-Mecklenburg School System, and John C. Boger, Dean of University of North Carolina School of Law; “Using Social Capital to Improve Our Bar and Legal System,” presented by Mark W. Merritt, Robinson Bradshaw & Hinson, PA, and Anthony Foxx, Hunton & Williams and Charlotte City Council Member; “The Practice,” presented by a panel of practicing attorneys who will discuss work/life balance; and “Leadership Skills for Lawyers Part II,” a continuation of the themes developed in the weekend retreat, presented by Mike Whitehead. The 2007 BLI Committee (Bob King; Karen Gledhill, Chair; Mark Merritt, Immediate Past Chair; Jon Buchan, Chair-Elect; Kobi Brinson; Peggy Hey; Jamie Kizer; and Alice Moore) would like to thank Special Counsel for its newly established annual Special Counsel Scholarship Fund as well as Robert J. Grey, Jr., Past President of the American Bar Association, for the scholarship for an attorney of color in lieu of an honorarium for his participation in the 2006 Increasing Diversity in the Legal Profession Conference. There is no doubt that those participating this year will develop personal insight and skills that will be invaluable as they assume leadership roles in our legal community and our community at-large. Outstanding ’06: A Foundation for ’07 BY ARETHA BLAKE AND TREVOR FULLER, 2006 CO-PRESIDENTS, JOHN S. LEARY BAR ASSOCIATION The year 2006 was quite productive for the John S. Leary Bar Association! As we began 2006, we established three primary goals for the Leary Bar: (1) to nurture the relationship between the Leary Bar and the Mecklenburg County Bar (MCB); (2) to continue to serve the Charlotte-Mecklenburg community by providing pro bono advocacy and representation as well as creating forums for the exchange of ideas affecting Charlotte’s minority communities; and (3) to promote diversity within the Bar, including the recruitment, development, and retention of minority attorneys. With the support of its members, the MCB, and Mecklenburg County attorneys and law firms, we were able to meet these goals. The Leary Bar was involved in several worthwhile activities last year, including • the Judicial Pro Se Project, which provides pro bono support to pro se litigants in the family courts; • the Council for Children’s Rights’ Student Defense Project, which provides pro bono representation to students in CharlotteMecklenburg Schools facing long-term suspension or expulsion; • our Third Annual Minority Summer Intern Reception, aimed at recruiting minority law interns to Charlotte; • the first in a series of Leary Conversations with local judges, which was held in conjunction with the MCB Special Committee on Diversity; • sponsorship of the first student orientation at the Charlotte School of Law; • co-sponsorship of and participation in the Special Committee on Diversity’s Diversity Day for college students of color; • providing mentors for the first-year law students participating in the Charlotte Diversity Clerkship Program; and • representation at each of the 2006 Swearing-In ceremonies. We thank all of our supporters in 2006 for making the year such a success for the Leary Bar! We give special thanks to our members for their dedication to the Leary Bar, the staff of the Mecklenburg County February 2007 Incoming Leary Bar Co-Presidents Baker and Best Bar for accommodating the Leary Bar’s monthly meetings at the Bar Center, Kennedy Covington for its sponsorship of our Third Annual Summer Intern Reception, and the Special Committee on Diversity for addressing the need for diversity within the Mecklenburg County Bar. We thank, in advance, those partners who have committed to support the Leary Bar in 2007, including Parker Poe Adams & Bernstein, LLP, sponsors of our Fourth Annual Minority Summer Intern Reception. As we conclude our tenure as co-presidents of the Leary Bar, we are continually grateful to those who placed the stewardship of this august organization in our hands. Under the leadership of Co-Presidents Tyyawdi M. Baker and Kimberly Best www.meckbar.org in 2007, the work of the Leary Bar to maintain and advance the cause of African-American lawyers in Mecklenburg County will continue. 2007 will be an exciting year for the Leary Bar and we welcome you to be a part of it! All members of the Bar are invited to become involved in our activities. We also welcome the opportunity to continue to support the activities of the Mecklenburg County Bar and other local bar associations. Through joint effort and mutual support, we can attain greater achievements than ever before! President’s Letter continued from page 1 members of this Bar in service to the profession and community, which as president I am privileged to see up close, is amazing and gratifying. There is, however, an ongoing need for assistance in so many areas affecting our Bar and this community. If you are not currently active with the Mecklenburg County Bar, I hope that you will consider giving back some of your time and talent. Thank you again for giving me the opportunity to serve you this year as president of your Bar. 5 The Bar Spreads Holiday Cheer The Mecklenburg County Bar (MCB) reached out in many ways to our community at-large through holiday giving programs. Here are just a few examples of giving and receiving this holiday season: children also received a stuffed stocking. In addition, gift cards were given to the family for grocery stores, Target, Wal-Mart, McDonald’s, and Off Broadway Shoes. Robinson Bradshaw & Hinson Moore & Van Allen For the past several years, Robinson Bradshaw & Hinson (RBH) has adopted 100 angels from The Salvation Army to provide a Christmas for needy girls and boys in our community. Several RBH attorneys and staff also volunteer their time assisting The Salvation Army in sorting the gifts at the distribution center. Moore & Van Allen held its annual holiday donation drive for Thompson Child and Family Focus. Each holiday season, employees join together, donating items and funds, to fill the wish lists of families in the Thompson Child and Family Focus network. This year was the firm’s most successful donation drive to date. Eight families’ holiday wish lists were fulfilled. In addition, Radio Flyer red wagons were donated to each of the adopted families with young children and gift cards were distributed to 20 more families in Thompson’s network. Hunton & Williams In conjunction with the MCB Young Lawyers Section (YLS) and the Mecklenburg County Department of Social Services (DSS) holiday programs, Hunton & Williams sponsored a family for Thanksgiving and Christmas. The 28-year-old single mother is a victim of domestic violence and has five children, ranging from one to eight years old. The firm provided this family with clothes, shoes, comforters, pillows, glasses, dishes, cookware, silverware, a microwave, towels, LeapFrog educational toys, books, puzzles, dolls, and radios. Each of the Parker Poe Adams & Bernstein Parker Poe showed the firm’s holiday spirit at both the institutional and individual levels. The firm is an ongoing supporter of Teach for America. It expanded this commitment through a seasonal donation to the Charlotte region of Teach for America. In addition, Parker Poe had a huge success with the YLS-DSS Giving Tree where staff and attorneys provided for more than 80 less fortunate children and adults—this is the largest number of gifts the firm has ever contributed. Paralegals at the Charlotte office provided a wonderful Christmas for five children of a family found through a local school district. All the basic need requests for each child were met along with being able to provide a skateboard, art sets, books, and gift cards to make their holidays enjoyable. MCB Staff and YLS The entire MCB staff adopted a family though the YLS’s annual participation with DSS holiday giving programs (including the Giving Tree program). The staff chipped in to provide a single mother of two sets of twins—one set of three year olds and one set of two year olds—with ingredients for a big Thanksgiving dinner as well as gifts and grocery gift cards for Christmas. The YLS 2006 holiday giving programs fulfilled at least 225 gift requests for children and at least 195 gift requests for adults and seniors, surpassing its previous Giving Tree record. See also Year-Round Santa Project in article below. Members’ Annual Holiday Party Over 130 Bar members were treated to a night of great food, spirits, and holiday revelry at the MCB Annual Holiday Party on December 15, 2006. The Big Chill, with its elegant and festive atmosphere, was again the setting for this year’s celebration. Christopher Loebsack, chair of the Social/Sports Committee, served as emcee for the evening. Highlights included the kickoff of the “Year-Round Santa Project,” an initiative of the Community Outreach Committee and a “Courthouse Sneak Preview.” Steven Meier, Chair of the Community Outreach Committee, took the stage to kick off the Year-Round Santa Project, which benefits Devonshire Elementary, Ashley Park Elementary, and Community Charter School (a newly opened public school in the Cherry Community). He was joined by school representatives, who made moving testimonies of the dire needs of their schools and explained ways attendees could help. Thank you to Melissa Dunlap, principal of Ashley Park Elementary, as well as Kershena Dickey, Melissa Crisafulli, and Yanetteh Rodriguez of Devonshire Elementary for their willingness to share their needs with Bar members. We would also like to thank Cummings Law Firm, Shapack & Shapack, and individual Bar members who brought items, funds, and signed up to volunteer, as well as Jon Adams, Chair of the Community Schools Project Committee, who continues to contribute greatly to the success of the Bar’s partnership with these The MCB Holiday Party was the perfect way for members to socialize and enjoy the holiday season. schools. We also want to thank Bar President Tony Lathrop, who personally invited each member to the party to support this initiative. The Year-Round Santa Project will be a part of every major event the Bar sponsors, so be on the lookout for future opportunities to participate. To learn how you can participate in the Year-Round Santa Project, visit the website at www.meckbar.org. For the sneak preview of the new courthouse, an architectural model was on display throughout the evening. Trial Court Administrator Todd Nuccio gave an informative PowerPoint presentation of the new courthouse from stage. A special thank-you goes out to Todd and to Charles Keller, Community Access and Outreach Administrator, for taking time out of their busy schedules to answer members’ questions about the new facility. For the third year in a row, Huseby, Inc., played a major role in sponsoring this event. Scott Huseby also brought handsome, leather-bound 2007 pocket calendars for attendees to take home. The evening ended with door prizes donated by Cheesecake Factory, Maggiano’s, NoFo, Patou Bistro, and Proshred. 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. 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, Tricia Derr, Porter Durham, Alan Edmonds, Will Esser, Jon Goldberg, Allison Karp, Charles Keller, Brandon Lofton, Valerie Munei, Nancy Roberson, Michael Shor 6 www.meckbar.org February 2007 Patrons Fund Campaign Kicks Off March 1 BY JAMES R. BRYANT III, PRESIDENT, MECKLENBURG BAR FOUNDATION The Patrons Fund campaign of the Mecklenburg Bar Foundation provides an opportunity for our Bar to give back to the Charlotte-Mecklenburg community. This year’s campaign begins on March 1, led by Mac McCarley, Chair of the Planning and Development Committee. Soon you will receive a letter requesting your help. The MBF Grant Review Committee and the board have approved three grants that will be funded based on the success of this year’s campaign: Larry King’s Court Clubhouse, located in the new courthouse, provides a safe place for children while their parents and caregivers are in court. There is currently no other source of funding to provide for playground equipment and indoor furniture for the infant/toddler room. Devonshire Elementary School and Ashley Park Elementary School are two of CMS’s most fragile schools. Their needs vary from school supplies to staff incentives to books. MBF President This year’s goal is Bryant $100,000. Please use the remittance envelope included in this newsletter to send in your taxdeductible donation. The Patrons Fund campaign is our campaign, and our chance to give back to the community. Your participation makes a difference. James B. McMillan Fellowship Applications Available Applications for the McMillan Fellowship are now available. Interested applicants should note that the Fellowship Committee will give greater consideration to applications submitted jointly by the requesting agency and a law student. The application deadline is March 16, 2007, at 5:00 p.m. For more details about the Fellowship application process and the James B. McMillan Fellowship Fund, please go to www.meckbar.org. MCB Seeks Nominations for Major Annual Awards 2007 Liberty Bell Award The Law Day Committee is accepting nominations for the 2007 Liberty Bell Award. The award, which will be presented at the upcoming Law Day Luncheon, is our Bar’s highest honor for a nonlawyer. The purpose of the award is to recognize community service that has strengthened the American system of freedom under the law. The following criteria govern consideration by the committee to recognize outstanding service by a non-lawyer in one of these areas: 1. Promoting a better understanding of our Constitution and the Bill of Rights. 2. Encouraging greater respect for law and the courts. 3. Stimulating a deeper sense of individual responsibility so that citizens recognize their Lawyers in the News Eades, Ben Hawfield Jr., James Henderson, Joseph Kluttz, Travis Moon, William Porter, Robert Pryor, David Schilli, Judy Thompson, and Scott Vaughn. Business—Robin Hinson, David Bishop, Peter Buck, Todd Capitano, Neal Cook, Larry Dagenhart, John Fennebresque, Jeffrey Hay, Stephen Hope, Cyrus Johnson Jr., Lynwood Mallard, Harrison Marshall, John Morrice, Roy Smart, Edward Wellman Jr., and John Yorke. Construction—Greg Ahlum, Robert Burchette, David Carson, David Hamilton, Wayne Huckel, Fred Lowrance, Bentford Martin, Jackson Steele, Robert Stephens, John Taylor, Michael L. Wilson, and Steele Windle III. Corporate—Larry Dagenhart, John Fennebresque, Rebecca Henderson, Hal Levinson, Richard Magee, Paul Newton, Keith Smith, Sterling Spainhour, and Michael Springs. Criminal—Mark Calloway, James Cooney III, William Diehl Jr., Christopher Fialko, Edward Hinson Jr., George Laughrun II, Patrick Matus II, Calvin Murphy, Bill Powers, Eben Rawls, and Noell Tin. Employment—Louis Lesesne Jr., Bryan Adams III, Edward Connette III, Stephen Dunn, John Gresham, Meredith Jeffries, Charles Johnson, William Livingston, Margaret Maloney, John McDonald, Richard Rainey, Richard Vinroot, and David Wright III. Environmental—Benne Hutson, Richard Fay, David Franchina, Richard Gaskins Jr., Thomas Griffin, Kiran Mehta, Richard Morton, and William Toole. Family Law—Robert Blair Jr., Laura Burt, Nelson Casstevens Jr., William Diehl Jr., David Erdman, Gregory Hatcher, Fred Hicks, Russell Kornegay III, February 2007 duties as well as their rights. 4. Contributing to the effective functioning of our institutions of government. 5. Fostering a better understanding and appreciation of the rule of law. Please forward your nominations, including supporting materials and résumé of the nominee (if possible), by April 10, 2007, by mail (Liberty Bell Award, 438 Queens Road, Charlotte, NC 28207), by fax (704/333-6209, addressed to Liberty Bell Award), or by e-mail ([email protected], subject line: Liberty Bell Award). All nominations will be held in confidence. 2006–07 VLP Pro Bono Awards The Mecklenburg County Bar Volunteer Lawyers Program welcomes nominations for the 2006–07 Pro Bono Awards. This year’s categories for extraordinary volunteer service are: 1. Outstanding Individual Attorney. 2. Outstanding Large Firm with 25 attorneys or more (firm total not limited to Mecklenburg County). 3. Outstanding Small Firm with 24 attorneys or less. More information about the awards criteria is available at www.meckbar.org. Winners will receive their awards at the MCB Annual Meeting on May 24, 2007. Any attorney, law firm, or partner organization may submit nominations. Please submit nominations in writing before March 2, 2007, to MCB Volunteer Lawyers Program, 438 Queens Road, Charlotte, NC 28207 or [email protected] continued from cover Cindy Leone, Scott Pollard, and Richard Stephens. Litigation—Mitchell Aberman, David Allen, Osborne Ayscue Jr., Daniel Bishop, James Cooney III, Peter Covington, George Covington, William Diehl Jr., Frank Emory Jr., Douglas Ey Jr., Patrick Fogarty, Robert Fuller, Edward Hinson Jr., Wayne Huckel, Kiran Mehta, Keith Merritt, Mark Merritt, Raymond Owens Jr., William Rikard Jr., Harold Spears, Mark Vasco, John Wester, and Gray Wilson. Patents/Intellectual Property—John Barnhardt III, John Higgins, Clifford Jarrett, Dickson Lupo, Michael McCoy, Francis Pinckney, Allyn Rhodes, Karl Sawyer Jr., Philip Summa, and James Witherspoon. Real Estate—John Carmichael, Charles DuBose, Paul Efird III, Brian Evans, Walter Fisher Jr., Claude Freeman (deceased), Richard Hazlett, Bobby Hinson, Palmer McArthur Jr., Ralph McMillan, Fred McPhail Jr., Brent Milgrom Jr., Christopher Oates, Bailey Patrick Jr., Robert Simmons, Cheryl Steele, and Gary Swindell. Tax, Estate Planning—John Baron, Todd Brockman, Cornelius Coghill III, Michael Crisp, William Culp Jr., Mark Edwards, Debra Foster, Meg Goldstein, James Greene, Julie Griggs, Graham Holding Jr., Lisa Kelly (deceased), David Lewis, Neill McBryde, Graham McGoogan Jr., Arthur Morehead IV, Anthony Orsbon, Christy Reid, and J. Michael Wilson. Young Guns (Under 40)—Robert Bowers, Amie Carmack, James Greene, George Sistrunk III, Noell Tin, Charles Viser, and Michael L. Wilson. www.meckbar.org MCB Basketball Season The Mecklenburg County Bar Basketball League will begin its 2007 season in late February/early March 2007. Games will be played at the Harris YMCA. If you’re interested in participating, please contact Matt Arnold at [email protected] or Nick Allmon at [email protected] as soon as possible! Office-Sharing Opportunity Three-level townhouse in Fourth Ward. All or part of 1,500 sf available at $25/sf. Two sunny offices upstairs, reception area and conference room, and space for support staff and/or storage. Full kitchen, two full and two half baths, private terrace, and courtyard. Pool, exercise, and coffee bar facilities next door. Call 704/236-5749. 7
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