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THE NORTH CAROLINA STATE BAR WINTER JOURNAL2018 IN THIS ISSUE Our New President, G. Gray Wilson page 5 One Last Outlook page 8 Recovering from Disaster page 20 THE NORTH CAROLINA STATE BAR JOURNAL FEATURES Winter 2018 Volume 23, Number 4 5 An Interview with the State Bar’s New Editor President, G. Gray Wilson Jennifer R. Duncan 8 One Last Outlook—An Interview with Retiring Executive Director L. Thomas Lunsford II © Copyright 2018 by the North Carolina State Bar. All rights reserved. Periodicals 12 Summer Session: The Morganton postage paid at Raleigh, NC, and additional Decisions, 1847-1861 offices. Opinions expressed by contributors By Thomas P. Davis are not necessarily those of the North Carolina State Bar. POSTMASTER: Send 18 Counselor address changes to the North Carolina State By Ryan Stowe Bar, PO Box 25908, Raleigh, NC 27611. The North Carolina Bar Journal invites the 20 Recovering from Disaster: “Helpers” submission of unsolicited, original articles, in the Legal Community Respond essays, and book reviews. Submissions may By Mary Irvine be made by mail or email (jduncan@ ncbar.gov) to the editor. Publishing and edi- 22 Running Man torial decisions are based on the Publications By G. Gray Wilson Committee’s and the editor’s judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of the Journal. The Journal reserves 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 38 Proposed Ethics Opinions 45 Client Security Fund 24 The Disciplinary Department 39 Rule Amendments 46 Law School Briefs 36 Pathways to Wellbeing 53 Annual Reports of Boards 28 Lawyer Assistance Program BAR UPDATES 50 Distinguished Service Award 30 IOLTA Update 41 In Memoriam 51 February Bar Exam Applicants 32 Legal Specialization 42 State Bar Swears In New Officers 54 Selected Financial Data 34 Legal Ethics 43 Fifty-Year Lawyers Honored 36 Trust Accounting 44 Resolution of Appreciation Officers 13: Michael R. Ramos, Shallotte 27B: Rebecca J. Pomeroy, Lincolnton G. Gray Wilson, Winston-Salem 14: Dorothy Hairston Mitchell, 28: Anna Hamrick, Asheville President 2018-2019 Durham 29A: H. Russell Neighbors, Marion C. Colon Willoughby Jr., Raleigh William S. Mills, Durham 29B: Christopher S. Stepp, President-Elect 2018-2019 15A: Charles E. Davis, Mebane Hendersonville Barbara R. Christy, Greensboro 15B: Charles Gordon Brown, Chapel Hill 30: Gerald R. Collins Jr., Murphy Vice-President 2018-2019 16A: Terry R. Garner, Laurinburg Alice Neece Mine, Chapel Hill 16B: David F. Branch Jr., Lumberton Public Members Secretary-Treasurer 16C: Richard Buckner, Rockingham Thomas W. Elkins, Raleigh John M. Silverstein, Raleigh 17A: Matthew W. Smith, Eden Dr. Joseph E. Johnson, Greensboro Past-President 2018-2019 17B: Thomas W. Anderson, Pilot Mohan Venkataraman, Morrisville Mountain Councilors 18: Stephen E. Robertson, Greensboro Executive Director By Judicial District 18H: Raymond A. Bretzmann, High L. Thomas Lunsford II 1: C. Everett Thompson II, Elizabeth Point City 19A: Herbert White, Concord Assistant Executive Director 2: G. Thomas Davis Jr., Swan 19B: Clark R. Bell, Asheboro Alice Neece Mine Quarter 19C: Darrin D. Jordan, Salisbury 3A: Charles R. Hardee, Greenville 19D: Richard Costanza, Southern Pines Counsel 3B: Debra L. Massie, Beaufort 20A: John Webster, Albemarle Katherine Jean 4: Robert W. Detwiler, Jacksonville 20B: H. Ligon Bundy, Monroe 5: W. Allen Cobb Jr., Wilmington 21: Michael L. Robinson, Winston- Editor 6: W. Rob Lewis II, Ahoskie Salem Jennifer R. Duncan 7: Randall B. Pridgen, Rocky Mount Kevin G. Williams, Winston- 8: C. Branson Vickory III, Goldsboro Salem Publications Editorial Board 9: Paul J. Stainback, Henderson 22A: Kimberly S. Taylor, Taylorsville Darrin D. Jordan, Chair 9A: Alan S. Hicks, Roxboro 22B: Sally Strohacker, Mocksville Nancy Black Norelli, Vice Chair 10: Heidi C. Bloom, Raleigh 23: John S. Willardson, Wilkesboro Phillip Bantz (Advisory Member) Walter E. Brock Jr., Raleigh 24: Andrea N. Capua, Boone Richard G. Buckner Nicholas J. Dombalis II, Raleigh 25: M. Alan LeCroy, Morganton Andrea Capua Theodore C. Edwards II, Raleigh 26: David N. Allen, Charlotte Margaret Dickson (Advisory Member) Katherine Ann Frye, Raleigh Robert C. Bowers, Charlotte John Gehring (Advisory Member) Robert Rader, Raleigh A. Todd Brown, Charlotte Ashley London (Advisory Member) Donna R. Rascoe, Raleigh Mark P. Henriques, Charlotte Stephen E. Robertson Warren Savage, Raleigh Dewitt McCarley, Charlotte Christopher S. Stepp 11A: Eddie S. Winstead III, Sanford Nancy Black Norelli, Charlotte John Webster 11B: Marcia H. Armstrong, Smithfield Eben T. Rawls, Charlotte 12: Lonnie M. Player Jr., Fayetteville 27A: Timothy L. Patti, Gastonia 4 FALL 2018 An Interview with the State Bar’s New President, G. Gray Wilson Q: What can you tell us about your upbringing? I grew up in Boone, North Carolina, the son of a physician who was the last of a dying breed—the general practitioner. I lived through the blizzard of 1960 (23 days out of school), after which nothing really seemed that bad any more. I have one sister and two brothers, and all three of us boys attended Davidson College over a period of six years, but both of my brothers became doctors. I was the black sheep who decided to go to law school because I liked to write and argue more than the sight of blood. Q: When and how did you decide to become a lawyer? I decided to become a lawyer sitting around the dinner table as a boy arguing with my family, and a trial lawyer was the only kind I was ever interested in becoming. There were a lot of storytellers in the mountains, and G. Gray Wilson is sworn in as president by Supreme Court Justice Mark Martin, with his wife, occasionally some of them were truthful, Cheryl, looking on. which I found fascinating. Q: Can you tell us how your career as a a great practice situation is beyond me, but I tion of a replacement. I threw my name into lawyer has evolved? plan to stay here as long as they continue to the hat after several others declared their can- When I finished law school (I could not tolerate me. didacy, survived at least one run-off, and was get into a good school in North Carolina so I Q: How and why did you become involved elected to the vacant seat along with now Past went out of state to Duke), I landed a job in State Bar work? President Jim Fox. with what is now the Kilpatrick Townsend My first leadership position was chair of Q: What has your experience on the Bar firm in Winston-Salem. I stayed there for 15 the Forsyth County Young Lawyers Council been like and how has it differed years and watched the firm grow from 20 to Association in 1980-81. I then became active from what you anticipated? 120 lawyers before I decided that was too big in the North Carolina Bar Association The Bar Council is an entirely different and struck out on my own with three other because my first firm had several past presi- organism from the Bar Association. I was attorneys. I had my own firm for over 25 years dents on the roster. I was chair of the Young assigned to one of the Grievance until I decided I needed to get a retirement Lawyers Division in 1986-87, then president Subcommittees outright, and the delibera- plan in place, primarily for my three younger of the Bar Association in 2004-05. I had tions within that body were a sea change from partners. The Nelson Mullins office in served as an advisory member of the Ethics my former moorings in other professional Winston-Salem turned out to be a perfect fit, Committee of the State Bar during the inter- organizations. Debate in a number of com- and I have wondered why everyone has been im. After I returned to the full-time practice mittee assignments was vigorous but always so delightful to work with over the past year of law in 2006, one of our State Bar coun- respectful, and I met a cross-section of fellow since we merged. How I blundered into such cilors suddenly resigned, prompting the elec- councilors from across the state who shared THE NORTH CAROLINA STATE BAR JOURNAL 5 the common purpose of protecting the public in 1946, then as State Bar president in 1951. seminar program created with the invaluable from unsavory members of the profession. I He was the first member of the ABA House assistance of David Hostetler. Knowledge is also became acquainted with an all-star cast of of Delegates from this state. What I learned as power, and an understanding of the classics in staff counsel and management personnel who Bar Association president is that its mission is Western civilization provides a sound founda- were utterly devoted to self-regulation of the not really that different from that of the State tion for communicating with those who profession. Bar once you get past the statutory mandate come from all walks of life in a courtroom, Q: How has the work of the State Bar of this state agency.