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THE NORTH CAROLINA STATE BAR WINTER JOURNAL2019 IN THIS ISSUE Our New President, C. Colon Willoughby Jr. page 6 Mental Health in the Legal Profession page 8 IOLTA’s Future and How You Can Help page 14 THE NORTH CAROLINA STATE BAR JOURNAL FEATURES Winter 2019 Volume 24, Number 4 6 An Interview with Our New President, Editor C. Colon Willoughby Jr. Jennifer R. Duncan 8 Mental Health in the Legal Profession: Starting a Conversation with the Lawyers of Tomorrow © Copyright 2019 by the North Carolina By Peter Nemerovski State Bar. All rights reserved. Periodicals postage paid at Raleigh, NC, and additional 10 LAP and its Regulatory Purpose offices. Opinions expressed by contributors By Robynn Moraites are not necessarily those of the North Carolina State Bar. POSTMASTER: Send 13 Book Review About Our Legacy as address changes to the North Carolina State Legal Professionals Bar, PO Box 25908, Raleigh, NC 27611. By John Phillips Little Johnston The North Carolina Bar Journal invites the submission of unsolicited, original articles, 14 What We Know and Don’t Know essays, and book reviews. Submissions may about IOLTA’s Future and How You be made by mail or email (jduncan@ ncbar.gov) to the editor. Publishing and edi- Can Help torial decisions are based on the Publications By Mary Irvine Committee’s and the editor’s judgment of 17 Life as a Small Town Lawyer—Two the quality of the writing, the timeliness of the article, and the potential interest to the Perspectives readers of the Journal. The Journal reserves By John E. Gehring and Dustin T. Nichols the right to edit all manuscripts. The North Carolina State Bar Journal (ISSN 10928626) is published four times per year in March, June, September, and December under the direction and supervision of the council of the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. Member rate of $6.00 per year is included in dues. Nonmember rates $10.73 per year. Single copies $5.36. The Lawyer’s Handbook $16.09. Advertising rates available upon request. Direct inquiries to Director of Communications, the North Carolina State Bar, PO Box 25908, Raleigh, North Carolina 27611, tel. (919) 828-4620. ncbar.gov Follow us at: Twitter: @NCStateBar Facebook: facebook.com/NCStateBar THE NORTH CAROLINA STATE BAR JOURNAL 3 DEPARTMENTS 30 Pathways to Wellbeing 40 Resolution of Appreciation 5 State Bar Outlook 33 Proposed Ethics Opinions 41 Client Security Fund 20 The Disciplinary Department 34 Rule Amendments 42 Law School Briefs 22 Legal Ethics 43 In Memoriam 24 Trust Accounting BAR UPDATES 44 Annual Reports of Boards 25 Legal Specialization 37 State Bar Swear In New Officers 47 February Bar Exam Applicants 26 IOLTA Update 38 Fifty-Year Lawyers Honored 50 Selected Financial Data 28 Lawyer Assistance Program 39 State Bar Hosts Opioid Summit Officers 15: Michael R. Ramos, Shallotte 38: Timothy L. Patti, Gastonia 16: Dorothy Hairston Mitchell, 39: Rebecca J. Pomeroy, Lincolnton C. Colon Willoughby Jr., Raleigh Durham 40: Anna Hamrick, Asheville President 2019-2020 William S. Mills, Durham 41: H. Russell Neighbors, Marion Barbara R. Christy, Greensboro 17: Charles E. Davis, Mebane 42: Christopher S. Stepp, President-Elect 2019-2020 18: Charles Gordon Brown, Chapel Hill Hendersonville Darrin D. Jordan, Salisbury 19: William C. Fields Jr., Raeford 43: Gerald R. Collins Jr., Murphy Vice- President 2019-2020 20: David F. Branch Jr., Lumberton Alice Neece Mine, Chapel Hill 21: Richard Buckner, Rockingham Public Members Secretary-Treasurer 22: Alan S. Hicks, Roxboro Thomas W. Elkins, Raleigh G. Gray Wilson, Winston-Salem Matthew W. Smith, Eden Dr. Joseph E. Johnson, Greensboro Past-President 2019-2020 23: Thomas W. Anderson, Pilot Mohan Venkataraman, Morrisville Mountain Councilors 24: Patrice A. Hinnant, Greensboro Executive Director By Judicial District Stephen E. Robertson, Greensboro Alice Neece Mine 1: C. Everett Thompson II, Elizabeth 24H: Raymond A. Bretzmann, High City Point Assistant Executive Director 2: G. Thomas Davis Jr., Swan 25: Jay White, Concord Peter Bolac Quarter 26: David N. Allen, Charlotte 3: Charles R. Hardee, Greenville Robert C. Bowers, Charlotte Counsel 4: Debra L. Massie, Beaufort A. Todd Brown, Charlotte Katherine Jean 5: Kevin Joseph Kiernan, Clinton Mark P. Henriques, Charlotte 6: W. Allen Cobb Jr., Wilmington Dewitt McCarley, Charlotte Editor 7: Takiya Fae Lewis, Ahoskie Gena Graham Morris, Charlotte Jennifer R. Duncan 8: Charles S. Rountree III, Tarboro Eben T. Rawls, Charlotte 9: C. Branson Vickory III, Goldsboro 27: Jennifer Davis Hammond, Salisbury Publications Editorial Board 10: Heidi C. Bloom, Raleigh 28: John Webster, Albemarle Andrea Capua, Chair Walter E. Brock Jr., Raleigh 29: Richard Costanza, Southern Pines Stephen E. Robertson, Vice Chair Theodore C. Edwards II, Raleigh 30: H. Ligon Bundy, Monroe Phillip Bantz (Advisory Member) Katherine Ann Frye, Raleigh 31: George M. Cleland IV, Winston- Heidi C. Bloom Fred M. Morelock, Raleigh Salem Margaret Dickson (Advisory Member) Robert Rader, Raleigh Kevin G. Williams, Winston- John Gehring (Advisory Member) Donna R. Rascoe, Raleigh Salem Darrin D. Jordan (Advisory Member) Warren Savage, Raleigh 32: Kimberly S. Taylor, Taylorsville Ashley London (Advisory Member) 11: James Thomas Burnette, Oxford 33: Sally Strohacker, Mocksville L. Thomas Lunsford II (Advisory Member) 12: Eddie S. Winstead III, Sanford 34: John S. Willardson, Wilkesboro Christopher S. Stepp 13: Marcia H. Armstrong, Smithfield 35: Andrea N. Capua, Boone John Webster 14: Harold Lee Boughman Jr., 36: M. Alan LeCroy, Morganton Fayetteville 37: Clark R. Bell, Asheboro 4 WINTER 2019 STATE BAR OUTLOOK A Cyberattack is What Happens While You’re Busy Making Other Plans B Y ALICE NEECE MINE I just completed my first year as executive computing “into the cloud.” But that was the who drove to the State Bar building as soon director of the State Bar. It has been a wonder- 2020 plan. SURPRISE! A cyber attack on the as the infection was confirmed and, racing ful year and I continue to be State Bar’s network on through the building, pulled cables from all humbled by the trust that has September 30, 2019, abruptly nine servers and 93 computers—only 20% of been placed in me. reminded me that only pre- the workstation computers were infected. My I started the year with four sumptuous fools plan.1 own computer was not so fortunate. When it goals (in addition to the ever- I was on the bus to the was turned back on, the message onscreen, green goals of ensuring that office on October 1 when I shown in the photo below, confirmed I was our usual regulatory functions read an email from Assistant infected. Unlucky indeed! continue in an orderly, effi- Director Peter Bolac with the I told the State Bar staff that it may be bet- cient, and cost-effective man- subject line, “This is not ter to be lucky than good but, when you are ner, and that the State Bar good.” Indeed. The State Bar unlucky, it is best to be surrounded by good Council and officers are well- was the target of a ran- people. And that we were. The managed serv- served by the staff). somware attack, a combined ices company stepped into the void and their The first goal was to refi- “infection” from the Neshta cloud engineer went to work using data back- nance the mortgage on the virus (possibly of Russian ori- ups to recreate our servers virtually “in the State Bar’s “new” headquarters (not quite so gin) and the Mr. December virus (as in “we cloud.” While the computers were down, the new at close to seven years) to reduce our are going to freeze your files,” I suppose). staff resorted to pen and paper to continue interest rate and monthly payments and to Together the viruses infected and encrypted their work whenever possible. When employ- eliminate some pesky financial covenants that the files stored on our network drives, and ees’ work required access to our databases, impeded efficient management. CHECK! propagated across the network, attempting to they still found ways to contribute. The can- The second goal was to migrate the State compromise as many machines (both servers do attitude of every member of the staff was Bar’s employee pension plan from an annual and workstation computers) as possible. inspiring and so greatly appreciated by the valuation, trustee-directed plan to a daily val- From the Incident Response Form prepared newbie ED. As a consequence of the good uation, participant-directed plan. This by our managed services company: “Mr. Dec work of the recovery team and our staff, we change would better protect and give will encrypt all of the infected host’s files… only had serious downtime for a half day; the employees more control over their own pen- the victim’s compromised machine files are website was down for a week; and we returned sion funds. CHECK! typically non-recoverable.” However, because The third goal was to facilitate the intro- of the rapid response of our internal IT guy— CONTINUED ON PAGE 38 duction of legislation raising the current statu- tory cap on membership dues for the first time in 15 years to ensure a healthy financial foot- ing for the State Bar going forward. Checkmate. Our bill remains in the Senate Rules Committee from which we hope it will emerge during the 2020 session. The fourth goal was to reimagine how the State Bar manages information technology (IT) to reduce our costs and increase our effi- ciency and security. The first step was to tran- sition to managed services for helpdesk and network security functions. CHECK! The next step was to move our data storage and THE NORTH CAROLINA STATE BAR JOURNAL 5 An Interview with Our New President, C.
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