50 YEARS OF THE COURT OF APPEALS...... 14 ______

VOL. XLIII • ISSUE 4 | FOURTH QUARTER 2017 BAR FLYER

CELEBRATING LEADERSHIP UPCOMING EVENTS WCBA HOLIDAY PARTY • Dec. 1 | 7-11 p.m. at the BY ASHLEY H. CAMPBELL, PRESIDENT Crabtree Valley Marriott, for WCBA Members and their TENTH JUDICIAL DISTRICT BAR / WAKE guests only. COUNTY BAR ASSOCIATION TENTH JUDICIAL DISTRICT BAR ANNUAL MEETING & LUNCHEON • Dec. 5 | 12:15 p.m. at North Raleigh THIS BAR FLYER, our last of 2017, is devoted Hilton. to celebrating leadership. The leaders who advocated in 1965 for the creation of the North Carolina Court of Appeals and its current Chief INSIDE THIS ISSUE Judge Linda McGee. The leaders of our Bar 3 2017 JOSEPH BRANCH PROFESSIONALISM and community who are willing to serve on HONOREE MARIA M. LYNCH our Board of Directors and as Councilors to the 4 CANDIDATES FOR TENTH JUDICIAL DISTRICT North Carolina State Bar. And our friend, Maria BAR AND WCBA ELECTIONS Lynch, the recipient of the 2017 Joseph Branch 8 CALENDAR OF EVENTS Professionalism Award. 9 LESSONS IN LEADERSHIP 12 YLD NEWS / NOTICE OF ELECTION I am embarrassed to say that I did not really 13 CREED OF PROFESSIONALISM know Maria before she became President-elect of the Tenth Judicial District Bar. I did 14 THE NORTH CAROLINA COURT OF APPEALS: know of her many accomplishments – Bar Councilor, chair of numerous North Carolina A HISTORY Bar Association estate planning committees, professor at UNC Chapel Hill School of Law, 22 DIRECT EXAMINATION: JUDGE LINDA McGEE lecturer at Duke Law School and beloved and respected friend to many in our Bar. 23 MEMBER NEWS 24 LEADERSHIP: LOCAL LEADERS SHARE THEIR Getting to know Maria personally has been one of the greatest joys of my year as INSPIRATIONAL THOUGHTS President. In addition to being brilliant and accomplished, she is hysterically funny and 28 TENTH JUDICIAL BAR: REPORTING RULES warm. She is not afraid to poke fun at herself, or at you when the situation calls for it. She CHANGE is an exceptional and wise leader. She will be a wonderful President of the Tenth Judicial 29 23rd LUNCH WITH A LAWYER District Bar. 32 UNDERCOVER INVESTIGATIONS USING SOCIAL MEDIA As we move into 2018, I encourage you to participate more fully in our mandatory and 34 TENNIS TOURNAMENT volunteer bar associations either through a committee or in a leadership role. Serving as a leader of our Bar associations has been one of the greatest joys of my professional and 35 WELCOME, NEW MEMBERS personal life. I am grateful to all of you who have made this year so special for me. WBF 36 CHARLES BRANDON HUNT LAWYER’S BASKETBALL LEAGUE 2018

NOTICE OF ELECTION TO ALL MEMBERS OF THE TENTH JUDICIAL DISTRICT BAR

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

1. That the annual election of Officers and Directors will be held on Tuesday, December 5, 2017, at the Hilton North Raleigh/Midtown, 3415 Wake Forest Road in Raleigh at 12:15 p.m. Lunch will be served and the cost of lunch will be borne by the Tenth Judicial District Bar at no additional cost to Visit our website: www.wakecountybar.org CONTINUED ON PAGE 2 919.677.9903 phone • 919.657.1564 fax WAKE BAR FLYER VOL. XLIIII No. 4 | FOURTH QUARTER 2017 NOTICE OF ELECTION: CONTINUED FROM PAGE 1 President ASHLEY H. CAMPBELL members. For those unable to attend the luncheon, an early voting option will be made available at the Wake Presidents-elect County Justice Center courtroom 102 and the WCBA offices at the North Carolina Bar Center Friday, December JUDGE NED MANGUM, WCBA 1 from 8 a.m. to 12 p.m., and Monday Dec. 4 12 p.m. to 2 p.m. MARIA LYNCH, TENTH JUDICIAL DISTRICT Secretary 2. The election is for the purpose of choosing Officers and Directors for both the Tenth Judicial District Bar and MEGHAN N. KNIGHT the Wake County Bar Association, an open Bar Councilor position, due to Colon Willouhby’s election to North Treasurer Carolina State Bar Vice President and Badger-Iredell Foundation Board Members. ADAM M. GOTTSEGEN Immediate Past President 3. The following Officers will be elected: President-elect, Treasurer, Secretary BRIAN O. BEVERLY PRESIDENT-ELECT (ELECT ONE) Board of Directors Nancy L. Grace LISA M. ANGEL David L. Sherlin BILLY BREWER ULMER “ZEKE” BRIDGES TREASURER (ELECT ONE) BILL BYSTRYNSKI Adam M. Gottsegen ANNA BAIRD CHOI SECRETARY (ELECT ONE) MARGARET CURRIN Meghan N. Knight STEPHANIE D’ATRI ASHLEIGH P. DUNSTON 4. The following Directors will be elected: 7 Directors (three-year term) DREW ERTESCHIK KATHERINE A. FRYE BOARD OF DIRECTORS (ELECT SEVEN) JUDGE KEITH O. GREGORY Yvonne Armendariz David P. Ferrell John Szymankiewicz JUDGE JEFFERSON GRIFFIN Daniel T. Barker Evonne S. Hopkins Elizabeth Zwickert Timmermans JAMES HASH Julie L. Bell Christina Medlin McCoy John B. (“Bo”) Walker AIDA DOSS HAVEL Gregory S. Connor Atiya Mosley JILL S. JACKSON Rebecca A. Edwards J. Alex Pully SHANNON R. JOSEPH DEAN RICH LEONARD 5. The following State Bar Councilor position will be elected by the Tenth Judicial District Bar: JEFF R. MONROE One Councilor (finishing the final year of Colon Willoughby’s seat vacated due to his nomination as Vice-President of the LAUREN V. REEVES North Carolina State Bar)) EDD K. ROBERTS III DAVID L. SHERLIN STATE BAR COUNCILOR | WILLOUGHBY SEAT (ELECT ONE) MEGAN WEST SHERRON Robert B. Rader JUSTIN G. TRUESDALE 6. The following Badger-Iredell Foundation members will be elected by the Wake County Bar Association: Young Lawyers Division President 2 Foundation Members SAMUEL D. FLEDER Young Lawyers Division President-elect BADGER-IREDELL FOUNDATION | WCBA MEMBERS VOTING (ELECT TWO) LAUREN A. GOLDEN Dewey P. Brinkley Holmes P. Harden ABA Delegate JOHN I. MABE Please see biographical information on each of the candidates beginning with the facing page and continuing Executive Director through page 8. We look forward to seeing you at the annual meeting on December 5 at the North Raleigh WHITNEY von HAAM Hilton. WBF Wake Bar Flyer Editor ALEXANDRA DAVIS Tenth Judicial District Bar Councilors HEIDI C. BLOOM WALTER E. BROCK NICHOLAS J. (NICK) DOMBALIS THEODORE C. EDWARDS II W KATHERINE FRYE WAKE COUNTY DONNA R. RASCOE BAR ASSOCIATION WARREN SAVAGE C. COLON WILLOUGHBY

© 2017 Wake County Bar Association & Tenth Judicial District Bar. PAGE 2 MARIA M. LYNCH 2017 RECIPIENT OF THE JOSEPH BRANCH PROFESSIONALISM AWARD BY JEAN GORDON CARTER | MCGUIREWOODS, LLP

FOR MANY YEARS, once a week Maria M. Lynch has left her very busy practice as a Trusts and Estates attorney in Raleigh to take the Read and Feed Mobile Classroom (often driven by her husband and law partner Jerry Eatman) across town to read to elementary school children as part of their programs. She has shared her passion for helping others with the other lawyers in her firm, Lynch & Eatman L.L.P., and each Friday morning she and her other firm lawyers participate in Partners Read. Her direct service to the community is exceeded only by her service to the profession.

Maria has held numerous positions serving the legal profession in Wake County and in North Carolina. She is the current President-Elect of the Tenth Judicial District, having served also on the Wake County Bar Association Board of Directors, and has served as a North Carolina State Bar Councilor for nine years. She is also a past member and Chair of the Tenth Judicial District Grievance Committee and the Wake County Bar Association’s Professionalism Committee as well as having served on its Memorials and Nominations Committees. She has held numerous positions with the North Carolina State Bar, including being Past Chair of its Estate Planning and Probate Law Committee for Legal Specialization, and many positions with the North Carolina Bar Association, including recent participation in its Task Force to Study Internet Practice of Law and on its Estates Council. In 2012, she was the recipient of the John B. McMillan Distinguished Service Award from the North Carolina State Bar and in 2006 the Maria M. Lynch Sara H. Davis Excellence Award.

After graduating with High Honors from the University of Tennessee with a degree in psychology, Maria attended UNC School of Law, graduating with Honors, and went on to clerk for the Honorable J. Dickson Phillips, Jr., U.S. Circuit Judge, U.S. Court of Appeals for the Fourth Circuit. She then went into private practice doing trusts and estates, tax and charitable organizations work. In 1994 she and her husband Jerry Eatman formed their current firm.

Along the way, Maria has taught Trusts and Estates at both UNC and Duke University Schools of Law. She also became a Fellow of the American College of Trusts and Estate Counsel, and a Board Certified Specialist in Estate Planning and Fiduciary Law. She is a member of the Legal Elite Hall of Fame and a SuperLawyer and recognized by Best Lawyers in America.

But all the awards and accomplishments do not describe Maria. She is obviously a brilliant lawyer, working tirelessly for the profession. But she also is the friend and lawyer that other lawyers in Raleigh and around North Carolina call when they have questions and need help. She can quickly answer the technical questions or give practical answers to the thorny ethics questions that often arise in the trusts and estates area. Many of us have benefited from her willingness to listen and help.

For all the accomplishments and accolades, Maria is best known for her sense of humor. Her well placed and deadly accurate comments bring reality to a lot of crazy situations – not a bad talent for a trusts and estates lawyer who sees people in their most vulnerable and sometimes worst times. As an example, she, like all trusts and estates lawyers, works with doctors who know more about estate planning than any lawyer – she lets them proceed noting that they will have “the predictable results” (and they will).

When asked to comment on her outside interests, she noted she is in a book club where the members don’t read books and a dinner group with members who can’t cook – both are true. But she is an avid reader and a great cook. She also sews and kayaks, and importantly is dedicated to her dogs. Don’t get her started describing the dogs – you will laugh for hours.

Few lawyers have the “resume” like Maria’s, but she is modest about mentioning any of it. Instead she gets a twinkle in her eye and talks about something else she is passionate about or makes everyone laugh at her insights into people. And, quietly, she has helped others, has helped her clients and has helped the profession.

For those reasons, and many others, she is highly deserving of the Joseph Branch Professionalism Award. WBF

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 3 PRESIDENT-ELECT ELECT 1 OF 2 CANDIDATES

NANCY L. GRACE DAVID L. SHERLIN Wake Family Law Group Holt Sherlin LLP UNC School of Law, 1996 NCCU School of Law, 2004

WCBA/Tenth JD Bar Activities: WCBA/Tenth JD WCBA/Tenth JD Bar Activities: WCBA/10th Board of Directors (2012-2013), Tenth JD Grievance Board of Directors (2016 through present; Committee (2009-2011), WCBA CLE Committee 2010 -2012); Tenth Judicial District Grievance (2012-2013), Presenter, WCBA CLE Programs (2012, Committee (Chair 2016 through present; 2015) vice chair 2015; member 2013-2014); Professionalism Committee (2013 through Other Bar-related Activities: American Academy of Matrimonial Lawyers: NC present); Gambrell Award Subcommittee of Professionalism Subcommittee Chapter President (2014), Chapter Membership Committee Chair (2012) and (Co-Chair, 2014-2016); Roundtable CLE Subcommittee of Professionalism Academy Webinar Committee Chair (2016). North Carolina Bar Association: Committee (2014); Bar Interview Candidate Committee (2008-2010) Family Law Section, Chair (2007-2008), Vice Chair (2006-2007), Section Council (2004-2007), CLE Committee Chair (2009-2013), CLE Committee (2003 to Other Bar-related Activities: Member, NCBA (2013 – present); Member, present), Children’s Issues Committee Chair (2013-2014), Editor, Family Forum Local Bar Outreach Committee through the NCBA (2015 - present); Pro (2001-2002), Section Secretary (1999-2003). North Carolina Bar Association: Bono Representation through Legal Aid of North Carolina (2012 – present); CLE Committee (2013 to present) and Communications Committee (2002 to Member, NCAJ (2012 – present); Mentor for Campbell Law School/WCBA present). North Carolina Advocates for Justice: Board of Governors (2003-2006), Connections Program (2013 and 2015) Family Law Section, Chair (2002-2003), Vice Chair (2001-2002) and Family Law Section CLE Chair (2000). Wake Women Attorneys, President (1999-2000) and Vice President (1998-1999). North Carolina Association of Women Attorneys, Board of Governors (1997-1999).

TREASURER ELECT 1 OF 1 CANDIDATE SECRETARY ELECT 1 OF 1 CANDIDATE MEGHAN N. KNIGHT ADAM M. GOTTSEGEN Nicholls & Crampton, P.A. Senior Legal Counsel, SAS Institute Wake Forest University School of Law, UNC School of Law, 2006 2002 WCBA/Tenth JD Bar Activities: Secretary of WCBA/ Tenth Judicial District (2016; 2017); Lawyers Support WCBA/Tenth JD Bar Activities: Wake County Bar Committee (Chair 2013-2015; Co-Chair 2012, Mem- Association Treasurer 2015-16; Wake County Bar ber 2010-2015); Lunch with a Lawyer (2007-pres- and Tenth Judicial District Board of Directors 2013- ent); YLD Education Subcommittee (2007). 15; Professionalism Committee; Wake County Bar Awards/Legal Aid Fundraiser Committee (2014-16); Wake County Bar Awards Other Bar-related Activities: North Carolina Bar Association, Minorities in the Sponsorship Chair (2015-16); Tenth Judicial District Fee Dispute Committee Profession Committee (2010-2016); Leadership Council on Legal Diversity Mediator (2015-16) Success in Law School Mentoring Program (2013-14); Defense Research Institute (Member 2007-2014); NC Association of Defense Attorneys (Member 2007- Other Bar-related Activities: NCBA Bankruptcy Section Council Member 2013- 2014); Association of Corporate Counsel (Member 2014-present); Lawyer on the 16; Speaker/Presenter Bankruptcy and Real Property Law (January 2014 and Line Volunteer; Call4All Volunteer. October 2015)

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 4 ELECTIONS

CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

YVONNE ARMENDÁRIZ JULIE L. BELL Armendáriz Law Office, PLLC Lewis, Brisbois, Bisgaard & Smith, LLP Indiana University School of Law, 2006 UNC School of Law, 1992

WCBA/Tenth JD Bar Activities: Tenth Judicial District WCBA/Tenth JD Bar Activities: Grievance Committee Grievance Committee (2015-Present); Leadership (2015-Present), Fee Dispute Resolution Committee Development Committee (2015- Present); Bench/Bar (2000-2004), Bench-Bar Committee (1998). Committee (2014- Present); Strategic Planning Committee (2014- 2016); Social Committee (2008-2010) Other Bar-related Activities: Member Capital City Lawyers Association. CLM - Member. Author and CLE presenter for NBI. Author and CLE presenter North Other Bar-related Activities: Pro Bono Attorney, Consulate General of Mexico, Carolina Association of Defense Attorneys. Prior participant in Bar Interview Raleigh, North Carolina; Founder, Triangle Latino Attorney Network (TLAN); Board Candidate Committee. of Directors, Triangle Literacy Council (TLC); Domestic Violence Child Custody Court Volunteer (2014- Present); NCBA Latino Affairs Committee (2007 – 2009); NCBA Women in the Profession Committee (2009- 2010); NCBA 4All Volunteer GREGORY S. CONNOR (2008- Present). The Connor Law Firm, PLLC Duke Law School, 1995 DANIEL T. BARKER WCBA/Tenth JD Bar Activities: Member, Wake County Barker Richardson, PLLC Bar Association (2012-present); Swearing-In Ceremony Cumberland School of Law of Samford Committee (2012-2017); Bench-Bar Liaison Committee University, 1992 (2012-2017).

WCBA/Tenth JD Bar Activities: Member of the Tenth Other Bar-related Activities: NCBA Business Law Section - Business JD Bar and WCBA since 1993; Technology Committee Corporations Committee (2017); NCBA Technology Advisory Committee; (2009-2012); Communications/Technology Committee President, YLD – Durham County Bar Association (1997); Durham County Bar (2012-Present) Association (1995-2011); Winner of Legal Elite Award, Business North Carolina Magazine – Business Law (2017). Other Bar-related Activities: North Carolina Bar Association Member (1993-Present); District of Columbia Bar (1995-Present); The Child’s Advocate (Board Member 2008-Present); NCBA 4ALL Statewide Service Day volunteer; REBECCA A. EDWARDS Wake County Academy of Criminal Trial Lawyers; Wake County Expunction Clinic volunteer (2016); LegalAID of NC POA Clinic volunteer (2017) Wake Family Law Group Campbell School of Law, 2012

WCBA/Tenth JD Bar Activities: WCBA CLE Committee (2015-2017), Presented at WCBA CLE Program (2017).

Other Bar-related Activities: North Carolina Bar Association, Family Law Section, Children’s Issues Committee Co-Chair (2013- 2014) and Chair (2014-present).

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 5 ELECTIONS

CANDIDATES FOR TENTH JUDICIAL DISTRICT BAR & WCBA ELECTIONS

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES

DAVID P. FERRELL JOHN McKNIGHT Nexsen Pruet PLLC mcknightlaw Campbell University School of Law, 1996 Wake Forest University School of Law, 2004

WCBA/Tenth JD Bar Activities: Member, Professionalism WCBA/Tenth JD Bar Activities: Committee on Indigent Committee (2003 – present); Co-Chair, Professionalism Appointments 2016-2017 Subcommittee on Celebrating the Creed, 2017; Member, Bench/Bar Committee (2002-present); Mediator and Other Bar-related Activities: Wake County Expunction Member, Tenth Judicial District Fee Dispute Resolution Committee (2015-present). Clinic 2016-present; Project Together (Domestic Violence Victim Representation) 2008-2016; Pro Bono Representation for Healing Transitions of Wake County Other Bar-related Activities: Member, NCBA Bench/Bar Liaison Committee (formerly The Healing Place) 2014-present; Mock Trial Program Director, (2017); Council Member, NCBA Administrative Law Section (2014-present); Co- Southeast Raleigh High School 2013 Chair, Legislative Committee, NCBA Litigation Section (2017); Participant, NCBA 4All Service Day (2007-2009); NCBA YLD Executive Council (1999-2007); Chair, ATIYA M. MOSLEY NCBA YLD Legislative Committee (2001-2005); Member, NCBA Communications Committee (1997-2005). Legal Aid of NC – The Child’s Advocate George Washington, 1998

EVONNE S. HOPKINS WCBA/Tenth JD Bar Activities: Served on the WCBA Dues Task Force; Lunch with a Lawyer volunteer; Raleigh Law Center participant in many WCBA public service projects; active University of San Francisco, 2003 voter in Tenth Judicial District elections since joining in 2006 (upon licensure in NC) WCBA/Tenth JD Bar Activities: Grievance Committee (2017), CLE Committee (2016-present) Other Bar-related Activities: Speaker and faculty for numerous CLEs on family law, domestic violence, and attorney well-being through the Lawyers Assistance Other Bar-related Activities: North Carolina Advocates for Program, the Wake County Family Law Bar and the American Bar Association Justice Family Law Section Chair; CLE speaker, NCBA Women in the Profession Commission on Domestic & Sexual Violence; conduct bar candidate interviews; Committee NC Association of Women Attorneys member; served on the NC Bar Association Bench/Bar Liaison Committee; volunteer through Capital City Lawyers Association; member on NCAJ and NCBA; LAP mentor and volunteer; recipient of Wake CHRISTINA MEDLIN McCOY Women Attorneys’ first Wake Woman of the Year award for dedication and commitment to preventing domestic violence Law Office of Christina Medlin McCoy, PLLC J. ALEX PULLY UNC School of Law, 2005 Assistant District Attorney – WCBA/Tenth JD Bar Activities: Social Committee 10th Prosecutorial District (2015-Present), Bench-Bar Committee (2011 - Campbell Law School, 2014 Present, co-chair 2014, chair 2015, 2017), Leadership Development Committee (2015-Present), CLE Committee (2011-Present) WCBA/Tenth JD Bar Activities: Volunteer Bar Character and Fitness Interviewer for July Bar Exam (2017). Other Bar-related Activities: Capital City Lawyers Association, NC Advocates for Justice, NC Bar Association Other Bar-related Activities: Speaker at Restorative Justice Clinic Lunch and Learn at Campbell Law School; Member of the North Carolina Bar Association, Young Lawyers Division; North Carolina State Bar. WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 6 ELECTIONS

CANDIDATES FOR TENTH JUDICIAL CANDIDATES FOR STATE BAR DISTRICT BAR & WCBA ELECTIONS COUNCILOR

BOARD OF DIRECTORS ELECT 7 OF 14 CANDIDATES WILLOUGHBY SEAT UNCONTESTED

JOHN SZYMANKIEWICZ ROBERT B. RADER Matheson Law Office, PLLC Chief District Court Judge NCCU School of Law, 2010 Campbell University School of Law, 1985 illiam & Mary Law School, 2006 & Mary Law School, 2006 WCBA/Tenth JD Bar Activities: Board of Directors WCBA/Tenth JD Bar Activities: WCBA President (2015); (appointed to fill a vacancy) (2014-15), Communications Wake County Bar and Tenth Judicial District Board of and Technology Committee Member (2013-present) Directors (1996-1997 & 2014-2016); WCBA & Tenth and Chair (2013-2015), WCBA/Tenth Strategic Plan District Justice Center Preview Luncheon (Co-Chair Implementation Committee Chair (2017) 2013); WCBA & Tenth District Bench Bar Committee (2009-present); WCBA CLE Committee (2000-2006); WCBA Luncheon Speaker (2011 & 2013); YLD Bridge Other Bar-related Activities: NCBA Solo and Small Firm Council (2012-Present) the Gap Program (Chair 1990 & 1991); WCBA CLE Seminar Speaker; Badger- Instructor for NCAJ Professionalism for New Admittees and numerous CLEs Iredell Foundation Board of Directors (President 2006 & 2011).

Other Bar-related Activities: North Carolina Bar Association (Vice President 2017-2018); North Carolina Bar Association Criminal Justice Section (Chair ELIZABETH ZWICKERT TIMMERMANS 1992-1993); North Carolina State Bar Board of Continuing Legal Education (Chair 2007-2009); Wake County Academy of Criminal Trial Lawyers (President 1993); N.C. Association of District Court Judges (President 2012-2013); District Court McGuireWoods LLP 50th Anniversary Committee (Chair 2016); N.C. Family Court Advisory Committee Notre Dame Law School, 2009 (2012-present); N.C. Criminal Justice Information Network Governing Board (Chief Justice’s Appointee 1997-2005); N.C. State Advisory Council on Juvenile Justice WCBA/Tenth JD Bar Activities: WCBA YLD Board, Public (Chief Justice’s Appointee 2003-2008); Wake County Juvenile Crime Prevention Service Co-Chair (2012-present), including leading annual Council (1999-2009); N.C. Supreme Court Historical Society, Board of Advisors clothing drive and annual food drive. (2012-present).

Other Bar-Related Activities: North Carolina Bar Association YLD (2013-present), Bar Exam Committee Chair (2013-2016), YLD Board of Directors Division Director for the Bar Outreach Division (2016-2017).

JOHN B. (“Bo”) WALKER Ragsdale Liggett PLLC Campbell School of Law, 2006

WCBA/Tenth JD Bar Activities: YLD member; Lunch with a Lawyer (2016)

Other Bar-Related Activities: Campbell Law Alumni Association (Board of Directors, 2016-2018); North Carolina Bar Association, Law School Liaison Committee (Member 2013-present); Defense Research Institute (Member 2006-present); Claims & Litigation Management Alliance (Member 2013-present); NC Association of Defense Attorneys (Member 2006-present)

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 7 ELECTIONS

CANDIDATES FOR BADGER-IREDELL FOUNDATION

WCBA MEMBERS VOTING ELECT 2 OF 2 CANDIDATES

DEWEY P. BRINKLEY HOLMES P. HARDEN Law Office of Dewey P. Brinkley Williams Mullen Tulane Law School, 2002 UNC School of Law, 1981

WCBA/Tenth JD Bar Activities: History Committee WCBA/Tenth JD Bar Activities: Badger-Iredell Foundation (2011- present); Bench Bar Committee (2011-present).

Other Bar-related Activities: NCBA criminal law section member (2002- present); member, N.C. Advocates for Justice criminal and juvenile law sections (2008- present); member, Wake County Academy of Criminal Trial Lawyers (2008- present).

2018 CALENDAR OF EVENTS

2018 WCBA LUNCHEON SCHEDULE 2018 BREAKFAST DISCUSSION SERIES Luncheons will be held on the following dates at The Breakfasts will be held on the following dates at Campbell School Glenwood, located at 3300 Woman’s Club Drive in Raleigh of Law, located at 225 Hillsborough Street in Raleigh. Program unless otherwise noted. Lunch starts at 12:15 p.m. and begins at 7:30 a.m. Everyone is invited to attend, and CLE credit programs will begin at approximately 12:45 p.m. Visit is free for WCBA members if offered. Parking is available on the wakecountybar.org/events for more information! street and at the municipal lot across the street.

January 9 June 5 January 17 July 18

February 6 July 10 February 21 August 15

March 6 October 2 | Location TBD March 21 Sept 19

April 3 November 6 April 18 Oct 17

May 1 | Mordecai Park December 4 | Location TBD May 16 Nov 14 1 Mimosa Street, Raleigh LESSONS IN LEADERSHIP BY CAMILLE STELL | LAWYERS MUTUAL ASHEVILLE LAWYER TOM GRELLA is the author of the ABA publication, Lessons in Leadership: Essential Skills for Lawyers.

In Tom’s book, he states, “not only are lawyers difficult to manage, they are even more difficult to lead.” Tom served for 12 years as the managing partner for his firm, McGuire Wood & Bissette in Asheville, as well as serving as the Chair of the ABA Law Practice Management Section. I expect that Tom knows quite a bit about the difficulties of leading lawyers. Yet Tom finds leadership to be deeply fulfilling, though something that is always a work in progress. Tom opens his book with a John Maxwell quote: “Leadership is influence – nothing more, nothing less.” For people who have followed “leaders” who lead by force, rule or intimidation, this is a welcome definition. How can you be a leader by influence? CAMILLE STELL is the Respect. Do not rely on your title as “leader” to earn you the ability to lead. Being an effective leader does not happen Vice President of Client when the new leadership term begins. Rather, respect is a journey we take together. I see you in action, I hear that your Services for Lawyers Mutual. words match your actions and over time, I trust you. You have earned my respect. Continue this conversation with Camille at camille@ Trust. A leader creates an atmosphere where mutual trust resides. It takes time to develop trust yet trust can be lawyersmutualnc.com or squandered in an instant. Trust grows when our actions speak louder than our words. An effective leader does much 800.662.8843. more than make an impassioned inaugural address when stepping up to lead the committee or the organization.

Be positive. Being positive is not the default attitude for everyone. Those with a negative outlook on life or a negative view of their organization are going to have to work hard to overcome negativity. Negativity will weaken company morale, it will defeat your managers, and it will beat down your employees. We each have the ability to improve our attitude and to increase our positivity quotient. But first you must realize that negativity is going to hurt your leadership ability and you have to make efforts to work around it.

Be authentic. Tom says: “Allow followers to be honest with you, and be honest with them. Such honesty is difficult in a law firm, largely because of the very flat organizational structure, with licensed lawyers on the top level and everyone else beneath. Empowerment is about giving someone else the power not only to take action but also to speak up honestly without the fear of negative consequence. Authenticity needs to be understood as a two-way street.”

Vision. A leader’s job is to motivate the members to create organizational purpose. Or vision. Your law firm should have a vision. Your bar organization should have a vision. An effective leader guides all members towards that vision rather than having members off on disparate journeys. Tom quotes Andy Stanley in saying: “Vision is a preferred future. A destination. Vision demands change. A vision requires an individual who has the courage to act out an idea.”

Courage. A leader will make difficult decisions. A leader will look for the path less traveled. A leader will look to the future rather than reviewing the past. Tom uses the example of dealing with difficult situations head-on as courageous, rather than implementing policies as an easy way out. Every law firm leader I know has chosen the option of expanding the dress code, rather than having difficult conversations with individuals about using good judgment in choosing professional dress. Be courageous and your members will follow you.

“We need better leaders” is a common refrain for every ill facing us from politics to religion to business. How can you improve your leadership skills this year?

1. Find a mentor. Look for a firm leader or a bar leader and ask for guidance. 2. Be a student. Listen to podcasts, one of my favorite ways of learning. Search for leadership topics on your app or Google. 3. Read. Lawyers Mutual’s Lending Library, a free service available to our insureds, includes Tom’s book on leadership, as well as “Learning to Lead: What Really Works for Women in Law.” Visit our website, www.lawyersmutualnc.com, to view books and checkout procedures. 4. Visit the Center for Creative Leadership in Greensboro or online at www.ccl.org, for articles and classes.

Good luck in becoming the leader that others desire to follow. WBF

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 9 BarCARES

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

Call 919.929.1227 or 1.800.640.9735

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 10 You know how it feels to be ready.

So do we.

North State Bank is ready to be your bank. We’re an independent community bank headquartered in Raleigh, with a conveniently located downtown office. You’re the reason we’re here. With demonstrated service and support to the legal community, we know what you are trying to accomplish and can help you get there. Let’s talk.

NorthStateBank.com 230 Fayetteville Street, Suite 100 919.723.2300 NMLS# 411971 YLD NEWS UPCOMING YLD EVENTS 2017 YLD OFFICERS PRESIDENT: SAM FLEDER November 14 | Service Project at Healing Transitions / Women’s Facility SECRETARY/PRESIDENT ELECT: LAUREN GOLDEN TREASURER: JULIE CRONIN December 7 | YLD Social, Isaac Hunter’s Tavern 414 Fayetteville Street, Raleigh

NOTICE OF YLD OFFICER ELECTIONS FOR 2018 THE YOUNG LAWYERS DIVISION will conduct its annual meeting for the election of the offices of Secretary and Treasurer for 2018 in conjunction with its year-end social on Thursday, December 7 at Isaac Huner’s Tavern, 414 Fayetteville Street, Raleigh. Ballots will be available between 5:30 and 6:30 p.m. All YLD members in good standing have a right to attend the meeting and to be heard on the issue of the election of the Secretary and Treasurer, subject to such reasonable time limitations as may be established by the YLD Board of Directors. Voting shall be conducted by secret written ballot. No proxy voting shall be allowed.

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

WCBA & TENTH DISTRICT BAR CELEBRATE CREED OF PROFESSIONALISM’S 20TH ANNIVERSARY

The WCBA and Tenth District Bar are providing a hard copy of the Creed of Professionalism on the facing page to celebrate the 20th anniversary of its adoption. We encourage all members to place this copy of the Creed in a prominent place to remind you regularly of the fundamental principles codified in the Creed that help our Bars continue to embody professionalism with our clients, courts, fellow lawyers, and the public, despite the tremendous growth in our Bar organizations in the 20 years since its adoption in 1997.

Portions of this Creed were adopted from “A Lawyer’s Creed” by the Chief Justice’s Commission on Professionalism for the Supreme Court of Georgia, “The Professional Creed” of the American Inns of Court, an essay by Edward Abbey published by Henry Holt & Company, and the writings of Robert L. McMillan.

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 12 Creed of Professionalism of the North Carolina Wake County and Tenth Judicial District Bar The American legal system embodies our nation's shared values of individual freedom and dignity and the right to due process and equal protection under the law. As lawyers, we are guardians for our legal system, and we have an important professional responsibility to recognize, honor, and enhance the rule of law. We are in a privileged position, and therefore we work under special obligations. To forget or to set aside these obligations is to dishonor our profession.

Professionalism encompasses a dedication to excellence in serving clients, a respect for the rule of law, the court and other lawyers, and commitment to seek a just result in all matters undertaken for clients. The practice of law is a profession and not a business. A lawyer need not sacrifice the opportunity to prosper, but the practice of law must be motivated by service rather than inspired by profit. As a lawyer, I subscribe to the following Creed of Professionalism: Individual Commitment to Professionalism.

My word is my bond. Integrity is an absolute. Fairness and civility are essential. Financial considerations will never override my professional responsibility. To my clients, I offer loyalty, competence, diligence, and good judgment. I will represent you as I would want to be represented. I will provide timely information on all matters pertaining to your case. I will be worthy of your trust by providing vigorous advocacy, independent guidance, reasoned counseling, and fair value in services performed for fees paid. I will work to achieve and maintain proficiency in my practice and continue to expand my knowledge of the law. To the public and our profession, I offer service. I will strive to improve the law and our legal system, and to make our legal system more accessible, responsive, and effective for all. I recognize the importance of contributing my time and resources to the Bar, public service, community and civic activities. I will honor the requirements, the spirit, and the intent of the Rules of Professional Conduct.

To my colleagues in the practice of law, I offer concern for your welfare. As we work together, I will respect your personal and family commitments. I will share my learning and experience so that we may all improve our skills and abilities.

To the courts and to those who assist them, I offer respect, candor, and courtesy. I will respect and strive to improve the judicial process. I will serve as an officer of the court, encouraging respect for the law and avoiding the abuse or misuse of the law, its procedures, its participants, and its processes.

To opposing parties and their counsel, I offer honesty, fairness, and courtesy. I will seek truth and strive to resolve our clients’ disputes in a dignified manner. I will pursue the most efficient and least costly solutions to problems and avoid unnecessary delay. W WAKE COUNTY BAR ASSOCIATION THE NORTH CAROLINA COURT OF APPEALS: A HISTORY BY JOHN MABE | NEXSEN PRUET, LLC

DURING THE LATE 1950S AND EARLY 1960S, the Supreme Court of North Carolina was one of the busiest in the country. Faced with an increasing number of cases dealing with its customary judicial business and a number of post-conviction appeals based on constitutional issues resulting from recent United States Supreme Court decisions, the court was becoming overburdened. This situation led the 1965 General Assembly to submit a proposed amendment to Article IV of the North Carolina Constitution. The new amendment authorized the creation of an intermediate court of appeals to relieve pressure on the N.C. Supreme Court by sharing the appellate caseload. Voters overwhelmingly approved this recommendation in the November 1965 election. The 1967 General Assembly enacted the necessary legislation establishing the North Carolina Court of Appeals. The Court of Appeals became operational on October 1, 1967. The constitutional changes and legislation of the 1960s created the state’s current multi-level court system. The judicial branch now contains two trial divisions, the District Court Division and, above it, the Superior Court Division. The Appellate Division consists of two levels — the Court of Appeals and the Supreme Court.

The 1965 constitutional amendment and legislation that established the Court of Appeals provided for a total of nine judges to be elected for eight-year terms. The General Assembly created three additional seats on the court in 1977, bringing the total number of judges to twelve. The bulk of the Court of Appeals’ caseload consists of cases appealed from the trial courts. The court also hears direct appeals of certain administrative agency decisions. The Court of Appeals sits in panels of three judges. This arrangement allows the court to hear arguments in separate cases at the same time. The chief justice of the N.C. Supreme Court designates one of the judges of the Court of Appeals as chief judge. The chief judge assigns appellate judges to the four panels so that each will sit, as nearly as possible, an equal number of times with every other judge. The Court of Appeals sits primarily in Raleigh, although it may sit in other locations throughout the state as authorized by the Supreme Court. The Court of Appeals appoints a clerk to serve at its pleasure. Opinions of the Court of Appeals are prepared by the Appellate Division reporter.

The Court of Appeals is the state’s intermediate appellate court. The court has 15 judges who serve eight-year terms and hear cases in panels of three. The court is led by a Chief Judge who is appointed by the Chief Justice of the Supreme Court. The Court of Appeals decides only questions of law in cases appealed from superior and district courts and from some administrative agencies of the executive branch. Appeals range from infractions to non-capital murder cases.

If there has been a dissent in an opinion of the Court of Appeals, the parties to the case have the right to have the Supreme Court review the decision. If there is no dissent, then the Supreme Court may still review the case upon a party’s petition. WBF

For a pictorial directory featuring North Carolina Court of Appeals Judges through the last 50 years, see the facing page through page 21.

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 14 Judge Raymond B. Mallard Judge Hugh B. Campbell, Jr. Judge James C. Farthing Judge Walter E. Brock 1967 - 1973 1967 - 1974 1967 - 1967 1967 - 1979

Judge David M. Britt Judge Naomi E. Morris Judge Frank M. Parker Judge R.A. Hedrick 1967 - 1978 1967 - 1982 1968 - 1980 1969 - 1992

Judge Earl W. Vaughn Judge William E. Graham, Jr. Judge James M. Baley, Jr. 1969 - 1985 1969 - 1973 1973 - 1974

WAKE BAR FLYER • FOURTH QUARTER 2017 Judge James H. Carson, Jr. Judge Robert M. Martin Judge Gerald Arnold Judge Edward B. Clark 1973 - 1974 1974 - 1982 1974 - 1998 1974 - 1982

Judge Burley B. Mitchell, Jr. Judge John Webb Judge Richard C. Erwin Judge Harry C. Martin 1977 - 1979 1977 - 1986 1977 - 1980 1978 - 1982

Judge J. Phil Carlton Judge Hugh A. Wells Judge Cecil J. Hill Judge Willis P. Whichard 1979 1979 - 1984 1979 - 1984 1980 - 1986

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 16 Judge Charles L. Becton Judge Clifton E. Johnson Judge E. Maurice Braswell Judge Eugene Phillips 1981 - 1990 1982 - 1996 1982 - 1984 1983 - 1991

Judge Sidney S. Eagles, Jr. Judge John C. Martin Judge Sarah Parker Judge Jack L. Cozort 1983 - 2004 1985 - 1988, 1993 - 2014 1985 - 1992 1985 - 1997

Judge Robert F. Orr Judge K. Edward Greene Judge Donald L. Smith 1986 - 1995 1986 - 2002 1988 - 1989

WAKE BAR FLYER • FOURTH QUARTER 2017 Judge John B. Lewis, Jr. Judge Allyson K. Duncan Judge James A. Wynn Judge Ralph A. Walker 1989 - 2000 1990 1990 - 1998, 1999 - 2010 1991 - 1992, 1995 - 2002

Judge Joseph R. John, Sr. Judge Elizabeth Gordon McCrodden Judge Sydnor Thompson Judge Mark D. Martin 1993 - 2000 1993 - 1994 1994 1994 - 1999

Judge Linda M. McGee Judge Patricia Timmons Goodson Judge Clarence E. Horton, Jr. Judge Robert C. Hunter 1995 - Present 1997 - 2005 1998 - 2000 1998 - 2014

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 18 Judge Robert H. Edmunds, Jr. Judge James C. Fuller, Jr. Judge J. Douglas McCullough Judge Robin E. Hudson 1999 - 2000 2000 2001 - 2008, 2011 - 2017 2001 - 2006

Judge John M. Tyson Judge Hugh B. Campbell, Jr. Judge Albert S. Thomas, Jr. Judge Loretta Copeland Riggs 2001 - 2009, 2015 - Present 2001 - 2002 2001 - 2002 2001 - 2002

Judge Wanda G. Bryant Judge Richard A. Elmore Judge Sanford L. Steelman, Jr. 2001 - Present 2003 - Present 2003 - 2015

WAKE BAR FLYER • FOURTH QUARTER 2017 Judge Martha Geer Judge Eric L. Levinson Judge Alan Z. Thornburg Judge Barbara A. Jackson 2003 - 2016 2003 - 2007 2004 2005 - 2010

Judge Linda Stephens Judge Donna S. Stroud Judge John S. Arrowood Judge Cheri Beasley 2006 - 2016 2007 - Present 2007 - 2008, 2017 - Present 2009 - 2014

Judge Robert N. Hunter, Jr. Judge Samuel J. Ervin, IV Judge Cressie H. Thigpen, Jr. Judge Chris Dillon 2009 - 2014, 2015 - Present 2009 - 2014 2010 - 2012 2013 - Present

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 20 Judge Mark A. Davis Judge Lisa C. Bell Judge Richard D. Dietz Judge Lucy N. Inman 2013 - Present 2014 2014 - Present 2015 - Present

Judge Valerie J. Zachary Judge Wendy M. Enochs Judge Philip E. Berger, Jr. Judge Hunter Murphy 2015 - Present 2015 2017 - Present 2017 - Present

Former and current Court of Appeals judges gather at the WCBA October luncheon honoring the 50th anniversary of the Court of Appeals. Photo credit: Robert Friedman, Attorney-at-Law Magazine.

WAKE BAR FLYER • FOURTH QUARTER 2017 DIRECT EXAMINATION: CHIEF JUDGE LINDA MCGEE OF THE NC COURT OF APPEALS

DIRECT EXAMINATION IS THE FIRST opportunity for the jury to meet a front row in the courtroom and I had the honor of publicly thanking her for witness. An effective lawyer will use the opportunity to personalize the witness, her lifetime of love and support for me. That was the best for me. making the witness appear both likeable and credible. At the end of the day, the direct examination is a party’s best chance to tell his or her story. 7. Why did you become a lawyer? I have a short answer for that – to help people. The first lawyer I ever Below is our direct examination of Superior Court Judge Linda McGee. met epitomized the image of what I believed a good lawyer to be. He was intelligent, respectful, dignified and interested in the person standing before 1. When you were in elementary school, him. He helped me obtain a scholarship to be able to attend college. Many what did you want to be when you grew up? years later, when I was invited to serve on the NC Board of Law Examiners, When I was about 10 years old, I decided I wanted to be a lawyer. Even I was honored to serve in that role, in part, because he had done so many though it was not common in the early 1960’s for a girl to have the goal of years before. Mr. E.P. Dameron was an outstanding lawyer who gave his being a lawyer, I have since talked with several women lawyers about my time and talents to the positive causes in our community. He inspired me to age who shared that same dream. use knowledge of the law to help others and to “give back” whenever I could assist to improve someone’s life. 2. What was the most important lesson your parents taught you? My parents taught me to believe in myself – to believe that I could do 8. What has been the most surprising anything in life and they would be there to support me. With that kind of or unexpected development in your career? encouragement, a child can attain even the exceptional goal of becoming a I did not expect to have three careers. Having a law degree has allowed me lawyer. to head a statewide bar association early in my career, to practice law with excellent lawyers in a small town where our firm made a difference, and to 3. Who was your favorite teacher and why? have the exceptional opportunity to serve as a judge on the North Carolina My favorite teacher, Miss Little, and my parents, must have collaborated Court of Appeals for more than 22 years. What a great series of unexpected somewhat, because Miss Little also expected that if I studied hard, I could developments. make a great future for myself. 9. What is your favorite book? 4. Did you love or hate law school? As you might expect, it is Harper Lee’s “To Kill A Mockingbird.” At times I would like to be able to give my daughter-in-law’s immediate response to that question, since she clearly loved law school. But my 10. What is your most marked characteristic? enthusiasm is reserved for certain professors and class subject matter. I believe it is fairness – a character trait I strive for daily. I appreciate a quote Those professors who showed respect to, and some interest in, their from Richard Bower that “our worth comes not from the amount of our students helped make law school a positive experience – and those who did involvements, achievements, or possessions, but from the depth and care not, made it just the opposite. which we bring to each moment, place, and person in our lives.” Being fair to all is an ultimate goal for me. 5. What was your most embarrassing courtroom experience? Like most people, I expect I have tried to forget my most embarrassing 11. What is your hidden talent? moments in the courtroom – but one lingers. I had just completed my I have had some musical ability, including playing the piano and organ in closing argument in a criminal trial, when the assistant district attorney church in high school, and also flute and piccolo. Currently, that talent truly started his closing statement with a good-natured statement that he vowed stays hidden most of the time. never to try a case again when the defendant’s counsel was clearly about to deliver her baby at any moment, hinting that I might have been seeking 12. Who are your real life heroes? empathy from the jurors. As the courtroom filled with laughter, I began My parents have always been high on that list. Their absolute acceptance wondering if in fact that had been part of my motivation. and love of everyone in my family created examples that I now try to share with my children and grandchild. 6. What was your best courtroom experience? The Court of Appeals has held special sessions of court in county 13. When and where were you happiest? courthouses across the state over the years. I had the opportunity to I was very happy traveling with my husband and sons, learning together serve as head of the panel for a session of court in my home county in the about colleges our sons might attend. WBF courtroom where I was sworn in as a lawyer. My mother was sitting on the

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 22 WCBA MEMBER NEWS 17 Tharrington Smith Attorneys Included in Best Lawyers Leonard T. Jernigan, Jr. Honored in America© 2018 with Charles Becton Teaching Award

The Raleigh law firm of Tharrington Smith LLP Leonard T. Jernigan, Jr. was awarded the Charles announced that 17 of its lawyers have been included Becton Teaching Award in June from the North Carolina in the 2018 edition of Best Lawyers in America©. Advocates for Justice at their annual convention, Representing the criminal law section of the firm are presented for outstanding teaching in trial advocacy. attorneys Wade Smith and Roger Smith, Sr., both of whom have been included in Best Lawyers in America© since its inception in 1983. They are each selected to both the Criminal Defense: White Collar Andy Penry Serves Section and Criminal Defense: General Practice Section. Doug Kingsbery The American Law Institute (2005), Melissa Hill (2010) and Hill Allen (2012) are each also listed in the Criminal Defense: White Collar Criminal Defense Section. Roger Smith, Jr., J. Anthony (Andy) Penry of Penry Riemann PLLC in (2016) is included in the Non-White Collar Criminal Defense section, and in the Raleigh, served on the member’s consultative group in Criminal Defense: DUI/DWI Section (2018). Russell Babb (2018) is included in The American Law Institute’s drafting of the Restatement Criminal Defense: General Practice section. of the Law, Liability Insurance.

‘ TIS THE SEASON... FOR THE WCBA HOLIDAY PARTY

Featuring the Punch Band Friday, December 1 • 7 - 11 p.m.

Marriott Crabtree Valley, 4500 Marriott Drive Heavy hors d’oeuvres and complimentary beer, wine and soft drinks.

Please plan on joining us – all WCBA members are invited and are welcome to bring a guest.

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 23 LEADERSHIP: LOCAL LEADERS SHARE THEIR INSPIRATIONAL THOUGHTS

Dean J. Rich Leonard “Leadership is about two things: the vision you bring and how you treat people in achieving it. The mantra of my Brian Beverly “My leadership style is hands-on. If the task is to dig childhood was ‘If you can’t say something nice, better to a hole, I’ll be one of the first to grab a shovel. I think keep quiet.’ My style has always been to find and recruit having leaders in the trenches is imperative – not to the best people, give them the leeway to perform, and micromanage, but to signify to the team that we’re all in have their backs in success or failure. Vision is about this together.” taking known facts and putting them together in new combinations that advance your organization or cause. It is about not just making the trains run on time, but Chancellor Carol L. Folt finding new places to lay the tracks.” (from an interview with Fortune magazine, March 2017)

Donnie Harrison Fortune: What is the best leadership advice that "True leaders become leaders not because of their you ever received and why did it guide you in your titles, but because of their work. True, effective leadership style? leaders do not demand or intimidate. Instead, they encourage, inspire, and lead by example." Folt: I was talking to Brian Quinn, a legendary professor at the Amos Tuck School of Business Administration at Dartmouth College, and I asked him, “I’ve got a problem. We Catharine Arrowood have some big budget cuts and I don’t even know how to start the meeting.” “Real leadership requires integrity, bravery and honesty. He said: “When you’re driving down a road at night, do you look at the front of the headlights or do you look out in the vision?” He then said: “Go back The Wake County Bar has had many outstanding leaders and start with the vision.” The leadership lesson was you have to build from among its ranks. Let me mention one: J. Allen Adams. the dream. You build to where you want to go and you don’t worry about the 2017 marks the 50th anniversary of the vote to integrate immediate. You think about where your consequence is, where your impact is the Wake County Bar Association. going to be. It was the first organized bar in North Carolina to accept lawyers of color. Al was one of a group of Judge Keith Gregory young lawyers who fought for this change which was “A leader needs to have a healthy confidence – not accomplished only after years of debate and controversy. arrogance – but healthy confidence that says ‘I trust in where I am trying to go with this.’” These lawyers did not stop there. Al and others were on the front line to tear down the race barrier in the Wake County schools and public accommodations. In May Robert McMillan 1963, nearly 1,000 Raleigh citizens signed their names “Lead by example, do justice, love mercy, walk to a petition that was presented to the City Council and humbly with God.” published in the Raleigh Times. The petitioners pledged to patronize businesses that abolished the practice of segregation. ‘We are convinced that there is only one solution to the present racial problem Yvonne Armendáriz in Raleigh – the immediate removal of the color bar in all places and "For me, leadership is being a voice for those who feel they institutions to which the public has access,’ the petition read. Al was one of do not have one. I have a responsibility as an attorney who the signatories. works closely with the Latino community to help my clients have their viewpoints properly conveyed and understood. In The integrity, bravery and honesty shown by Al and others made all the order to be an effective attorney and community advocate, I difference to the direction of Wake County.” have a duty to involve myself within the various committees of our local bar and actively shape their direction and trajectory."

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 24 Katherine Frye Martin Brinkley “Leaders are rarely the loudest voices or the “Like many of our fellow lawyers, I have had various strongest personalities in the room. Leadership leadership positions in a range of settings over the styles vary, but my style is one of listening first and years. All were different and situation dependent. acting second. My grandmother use to always say, As dean of the UNC Law School, I find that leadership ‘God gave you two ears and one mouth, use them in means trying to discern the best interests of the proportion.’ Leaders should have the trust of people, institution I am serving, fixing those interests as and it is hard to have trust if you are not listening.” my polar star, and then making decisions that put those interests ahead of everything else. Our law school has responsibilities to many constituencies: students, faculty, alumni, the University at Chapel Hill, the greater UNC system, Victor Boone the Board of Governors, the General Assembly, other law schools and legal On what defines a leader: education writ large, the profession and the organized bar, and the people of North Carolina. Put together, this complicated picture means that I often have “1. One who possesses charisma, vision and intellectual to make decisions that disappoint, to a greater or lesser degree, one or more acumen to comprehend important issues in life and of my stakeholders. I have to have the emotional and spiritual strength to hear ascertain a morally-appropriate approach to addressing with compassion the inevitable expressions of frustration, sometimes amounting them in a manner that is most beneficial for the common to attacks, that a decision running counter to the wishes of a given stakeholder good. may elicit, and learn from my own mistakes even when I have put my all into the decision making process. In my experience, none of the stakeholders (with the 2. One who demonstrates respect for the opinion rarest of exceptions) is able to take the interests of the others fully into account; of others and a willingness to change his/her own when presented with most are convinced that their own version of the what the law school is supposed compelling and/or sensible reasons to do so. to do is the one that should be somehow preferred or counted as of overarching importance. I am the only person charged with seeing the whole picture in its 3. One who shows concern and regard for the well-being of the whole rather entirety all the time. That can be a lonely place, but loneliness is just a cost than a select few. of leadership – and I am blessed to have a wonderful family and many, many friends, including many in our Wake County Bar, whose support means more 4. One who has the ability to influence others to pursue a morally appropriate to me than I can express. When I make a hard decision that I know is going to course of action or adopt his/her solidly reasoned and sensible views as their frustrate one stakeholder or another, I try to think about whether that decision will own.” withstand the scrutiny of those who inherit the institution from me in the years to come. I find that not pushing myself to take a decisive step, that consulting with other wise people, and that keeping my mind open for the possibility of an outcome that was not my first instinct, is often the best way to ground myself and Chief Cassandra Deck-Brown ensure that I am doing the best I can.” “I'm reminded that to whom much is given much is required and leadership requires a level of humility that allows the leader to approach and hear those Judge Robert B. Rader they lead; to motivate and to be motivated by those “Leadership is not about the leader. It’s about setting an they lead while not only carrying out the mission example that others will follow.” of the organization but by effecting change that impacts their greatest asset: their people.” Heidi Bloom “The highest honor and purest privilege is the opportunity to serve others and to lead. Judge Paul Ridgeway To me, leadership is doing the “In the legal profession, leadership is best exemplified by right thing in your heart. It is service – service to justice, service to the public, service acting with integrity. It is having a positive attitude to our community and colleagues, and service to the – particularly in the face of adversity or opposition. greater good. If we, as lawyers and judges, keep an eye It means having the courage to say “no” and make on these priorities and do our best to humble ourselves tough decisions. And perhaps most importantly, to be servants, the decisions we make when called upon being able to listen – with an open mind – to the to lead will fall into place.” thoughts, views and feelings of others. If you can do all of that, you can make a difference.”

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 25 LEADERSHIP QUOTES, CONTINUED FROM PAGE 25

and maintaining alignment, so that committed NCBA members are able to pull Ted Edwards together and work as one toward our common goals. The other has to do with “Leadership requires vision and collaboration. In order to tending relationships in such a way that everyone involved feels not only that lead others, one must have a specific goal in mind and be our shared work is important, but that they are able to convey both the importance of that goal and the uniquely essential to its success.” path forward. Good leaders are willing to communicate with their team and welcome input regarding the road to success.” M. Keith Kapp “The best leaders are those who lead by example. You have to practice what you preach to lead and Warren Savage inspire others. A ‘manager’ is not necessarily a [From “A Father To His Son” by Carl Sandburg] leader.”

Tell him to be a fool every so often and to have no shame over having been a fool yet learning something out of every folly Tiffany Lesnik hoping to repeat none of the cheap follies "A true leader is a servant first and works thus arriving at intimate understanding for the betterment of others rather than of a world numbering many fools. themselves."

Tell him to be alone often and get at himself and above all tell himself no lies about himself Colon whatever the white lies and protective fronts he may use against other people. Willoughby “Follow your passion.”

Caryn McNeil “My current favorite quote about leadership comes from retired U.S. Navy Vice Admiral John Ryan, who is President and CEO of the Center for Creative Leadership: ‘Leadership is having the privilege of helping other men and women be their best.’ There are a couple aspects to helping others be their best that that strike me as particularly important in my current role. One is creating

LEAH H. HERMILLER JOINS NICHOLS, CHOI & LEE

Nichols, Choi & Lee, PLLC announced that Leah M. Hermiller joined the firm on August 1 as an associate attorney.

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LIABILITY INSURANCE connect LAWYERS COMPANY OF MUTUAL NORTH CAROLINA with us TENTH JUDICIAL DISTRICT BAR: REPORTING RULE CHANGE

MEMBERS OF THE TENTH JUDICIAL DISTRICT BAR were sent the invoices for the 2017-2018 fiscal year as of September 30.

The deadline to pay the member fee invoice without a late fee is December 31.

Notice: Amendment to the Rules & Regulations of the North Carolina State Bar Concerning Judicial District Bars All active members of the Tenth Judicial District Bar (Tenth) are requested to take notice that 27 N.C.A.C 1A, Section .0900 Organization of the Judicial District Bars, .0902 Annual Membership Fee, has been amended to shorten the time the district bar has to report to the State Bar all of its members who have not paid district bar membership dues. Rather than 12 months from the date of the first invoice, the amended rule provides “three to six months after the delinquency date for the annual membership fee, the judicial district bar shall report to the NC State Bar all of its members who have not paid the annual membership fee or any late fee.”

The delinquency date for Tenth members invoiced by October 1 of each year is January 1. As such the Tenth assesses a $15 late fee if the annual membership fee is not paid and, per the amended rule, the Tenth must report delinquencies between April 1 and July 1. The delinquency date and the three- to six-month reporting dates will differ for those who are not invoiced on September 30. If you have any questions, please contact Tenth Judicial District Bar Membership Coordinator Shaula Sharp at [email protected] or 919-659-1441. WBF

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WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 28 LUNCH WITH A LAWYER 150 LOCAL JUDGES AND ATTORNEYS PARTICIPATE IN THE 23RD SUMMER OF PUBLIC SERVICE

WHAT IS COMMON BETWEEN A LAWYER specializing in mergers, acquisitions and estate planning and a tenth-grader at Enloe High School? Tenth-grader Destiny Pitts signed up for the Wake County Bar Association Lunch with a Lawyer program to find out. She was curious about what a corporate lawyer like Deborah Hildebran-Bachofen does for living and she was impressed with the nice office Mrs. Hildebran-Bachofen has off leafy Glenwood Avenue. Zy Tavious Winborne, a ninth-grader at Athens Drive High School, was matched with Joshua McIntyre, an attorney and the Membership Director of the North Carolina Bar Association. Zy is not small but Joshua is tall, and Zy sometimes has to strain his neck to talk to Josh. Zy wants to be a lawyer. He learned from Josh that the first thing he could do after being sworn in as a lawyer is join the North Carolina Bar Association. Sid Eagles, former Chief Judge of the North Carolina Court of Appeals, met up with Ethan Hartung, and eleventh-grader at Broughton High School. Ethan wants to become a lawyer or doctor, and Judge Eagles is well-suited to tell him how to become a lawyer. During the first year of the Lunch with a Lawyer program, attorney Walter Brock mentored a youth who went on to become an assistant district attorney of Wake County. Sid Eagles and his Lunch with a Lawyer student Ethan Hartung enjoy the July WCBA luncheon. These are just a few of the many success stories stemming from the Lunch with a Lawyer program, which was chaired this year by attorneys Paul Suhr and Mark Finkelstein. This past summer, approximately 150 lawyers and judges volunteered their time to the program.

The Lunch with a Lawyer program was born out of the City of Raleigh’s Summer Youth Employment Program, which is the progeny of the Comprehensive Employment Training Act of 1973 signed into law by President Nixon. The program was established to provide work to low income populations, in particular, supplying summer jobs for low-income high school students. The program matched the students with full-time jobs for a period of 12 to 24 months in public agencies or nonprofit organizations. The program’s objective was to equip the students with a marketable skill that would eventually enable them to obtain an unsubsidized job.

Wake County attorney Paul Suhr, who chaired the Wake County Human Relations and Resources Committee in 1995, initially proposed the Wake County Bar Association’s involvement in the program. Suhr saw some alarming statistics about the youths NCBA Membership Director Josh McIntyre was joined at a WCBA luncheon with his in the community, in particular, a high rate of drop outs and truancy Lunch with a Lawyer partner Zy Tavious Winborne cases. He observed so many youths in the courthouse and thought that without meaningful employment, these youths were at risk for falling into mischief. Seeing the Summer Youth Employment program successfully run at the Community Services Department of City of Raleigh, he suggested the Wake County Bar Association establish a volunteer program to coordinate lunches

CONTINUED ON PAGE 30

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 29 LUNCH WITH A LAWYER CONTINUED FROM PAGE 29 with the youths and volunteer attorneys each summer in collaboration with the City’s program. The primary aim of the program Suhr suggested was to provide the youths with an opportunity to meet with a professional to share a meal and a conversation about the legal profession. Walter Brock, who chaired the Public Service Committee of the WCBA in 1995, thought this was a great idea, and the Lunch with a Lawyer Program was born. Suhr went on to run the program for the next 23 years.

The Lunch with a Lawyer program is an informal mentorship program with the mission that casual encounters often make indelible impression on the minds of young people. Through the program, local youths were introduced not only to passionate local attorneys but also to influential jurists such as Burley Mitchell, Henry Frye, Mark Martin, James Wynn, John Edwards, G. K. Butterfield, Sid Eagles, Colon Willoughby, Howard Manning, Paul Ridgeway, Cheri Beasley, Patricia Timmons-Goodson, Charles Meeker and this year, Associate Justice Michael Morgan of the North Carolina Supreme Court. One summer, the WCBA introduced former Chief Justice Mitchell of the North Carolina Supreme Court as an inspirational speaker to the youth participants in the program. Chief Justice Mitchell told the youths that he himself did not know what else to do but hang around the corner of street with his buddies when he was at their age until he joined the U.S. Marines. He said he met his best friend in the Marines who was an African American and later became a General Motors executive. He said that it was this African American marine who straightened him out for good. The youths marveled at the former marine and enthusiastically asked him questions.

This year, approximately 150 attorneys and judges signed up to mentor a student by taking them to lunch and discussing school, career paths, college majors, and other life goals. For the final event of the summer, all of the student and attorney participants in the program met at the Carolina Pines Park Community Center for a social. Among the attorneys and judges in attendance was Justice Morgan, who provided an engaging address to the youths and their parents. Everyone shared a meal, played games, and Destiny Pitts was partnered with Manning Fulton’s Debbie shared memories about the summer. Hildebran-Bachofen

This year marks the 23rd anniversary of the Lunch with a Lawyer program. It is the longest running public service program in our local bar association. WCBA lawyers have since found ways to engage the youths in our community in other ways as well. For instance, each summer, the City of Raleigh has a Summer Youth Employment Program for youths living in Raleigh, mostly from the minority community. The Bar has provided volunteer lawyers to have lunch with the youths during the summers. This is an effort by the WCBA to reach out to the minority community, for the participating lawyers to serve as role models for the youths, to provide an opportunity for the youths to meet with a professional, and to create a positive impression of the legal profession by showing the youths and their parents the value of community and depending on one another for support and success. Suhr opined that it is critical that lawyers dedicate their lives to upholding the most elemental values of the profession: defending the defenseless and standing up for important but unpopular causes. “Without such efforts there will be no system of justice” Suhr said. “We must continue our efforts to reach out the community that we serve and especially the minority community. Our sense of decency and fairness demands it.”

In addition to celebrating 23 years of the Lunch with a Lawyer program, this year also marks the 30th year of service to the City of Raleigh for Dwayne Patterson. Patterson has served as Director of Community Service Department (Community Engagement Division) for more than four years and worked for the City for more than twenty eight years. He has supported the Lunch with a Lawyer program as head of the Summer Youth Employment program in the past and instrumental in successful collaboration with the Wake County Bar Association for the program. Suhr said Patterson has personified “excellence” in his service to the community.

Editor’s Note: The WCBA is deeply grateful to Paul Suhr for his 23 years of outstanding service. The program has flourished under his leadership and the WCBA is optimistic about continued success in the coming years under the leadership of WCBA member, attorney, and Wake County Magistrate Jacob Davis.

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 30 The WCBA would like to thank the following individuals for their participation in the program for Summer 2017:

Pearla Alston Stephen Feldman Mark La Mantia Brad Polk Ronnie Ansley Kristen Fetter Tiffany Lesnik Jon Powell Season Atkinson Mark Finklestein Robert Lewis Will Quick Shanae Auguste William Flynn Jeremy Locklear Stacey Race Elwood Becton Andrew Flynt John Mabe Ripley Rand Brian Beverly Niya Fonville Marc Macenko Anita Richardson Sarah Blair Reed Fountain Christina McAlpin Paul Ridgeway Bo Bobbitt Andrea Fowler Steven MaGilvray Edward Roberts Julian Bobbitt Matthew Fussa Gregory Malhoit Ayana Robinson Victor Boone Martha Geer Antoine Marshall Deborah Ross Monica Bousman Lisa Glover Eric Martinson Dekhasta Rozier Jessica Bowers Evin Grant Reggie Mathis Diane Rupprecht Ryan Boyce Jane Gray Christine Mayhew Erin Scott Richard Boyette Jefferson Griffin Priscilla McCoy Scott Scurfield Jeffrey Boykin Mikael Gross Shawndria McCoy David Senter Denise Branch Brian Gwyn Joshua McIntyre Bryan Sherrick John Branch Robin Hammond Dan McLawhorn Dana Simpson Bill Braziel Ken Hardison William Mckinney Adam Snyder Katherine Bricio Adren Harris Meghan Melo David Spencer Courtney Britt Neubia Harris Jordan Mendez Phil Strach Walter Brock Brad Harrold Jason Miller Paul Suhr Brittany Brown James Hash Katie Mills Gray Styers Jonathan Bumgarner Dick Heidgard Jocelyn Mitnaul Melissa Swaby Ashley Campbell Nancy Hemphill Jeffrey Monroe Elizabeth Sydnor Will Cherry Tamika Henderson Clayton Morgan Christina Taylor Chad Cochran Deborah Hildebran-Bachofen Atiya Mosley Deonte Thomas Allegra Collins Andy Hipolito Tara Muller Bo Thompson Sarah Colwell Jay Holland Brandon Neuman Kristina Thompson Trip Coyne Dale Hollar Dougles Noreen Jason Tuttle Zeke Creech Scott Hovey Helen O’Shaughnessy Lindsay Underwood JT Crook Robert Howell Will Owens James Vanderberry Jr. Craig Croom Kim Howes Zack Padget David Venable Meredith Cross Alisa Huffman Jane Paksoy Hannah Vigoda Awanti Damle Warren Hynson Ashley Parker Dunston Melissa Walker Jacob Davis Bradley Inman Makaya Parham Patrick Wallace Amos Dawson Randy Jenkins Shawn Parker Terry Warren Nicolas De Castro Bain Jones Ernie Pearson Kandace Watkins Robert Derosset David Jonson Andy Petesch Richard Waugaman Kimberly Dixon Keith Kapp Amy Petty Tonya Williams Nick Dombalis Jeff Kelly J. Heydt Philbeck Katherine Woomer-Deters Sid Eagles Danielle Kimesltein Lareena Phillips Amy Wooten James Eatman Katie King Stacey Phipps Mckinley Wooten Justice Robert Edmunds Quan Kirk Toni Pinkston Steve Wyrick John Eluwa Meghan Knight Ebony man Boz Zellinger

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 31 UNDERCOVER INVESTIGATIONS USING SOCIAL MEDIA BY DAVID SMYTH | BROOKS PIERCE

SOON ENOUGH, SOMEBODY WILL produce virtual reality contact lenses, would: (1) identify himself, (2) state that he is investigating possible criminal and you will be able to watch silly cat videos on Facebook without moving a violations, (3) not interview any employee who participated substantially muscle.1 It will be glorious. In the meantime, with 2.1 billion monthly active in the legal representation of Corporation, and (4) not elicit privileged users on Facebook,2 and 700 million on Instagram,3 social media is merely communications. Could the investigator do that? pervasive, and hasn’t literally infected our eyeballs and brains. But people live, or post, much of their lives there. A lot of potential evidence for civil and The short answer was yes. Rule 4.2’s prohibition on communications with criminal litigation is there, too. But what are you allowed to do to get it? Can represented persons certainly applied to Corporation, and under Rule 5.3, you go undercover to gain access to material a litigation opponent or witness extended to persons acting under the direction and control of a lawyer. But would not happily turn over? Well, you have to be careful, and it depends on the rule does “not mean that informal communication is prohibited with any what you mean by “go undercover.” employee who may make a damaging statement about the corporation that would be admissible in evidence. Rather, the prohibition is limited to informal North Carolina Ethics Opinions communications with employees who have the authority to speak for and North Carolina ethics opinions haven’t yet spoken directly to the issue. The bind the corporation.” Id. (citing RPC 67). So asking lower-level employees Ethics Committee currently is considering an inquiry on many of the issues about falsification of records by others was okay. While the factual context discussed herein about digital or social media investigation and could here was another criminal prosecution, the opinion is not explicitly limited to vote to publish a proposed formal ethics opinion as early as its October prosecutors, as is 97 FEO 10. 2017 meeting. In prior adopted opinions, the Bar has, in some limited circumstances, allowed lawyers to conduct non-digital investigations in ways 2014 FEO 9 that provide for less than full disclosure of the investigators’ methods. But More recently, in 2014 FEO 9, Use of Tester in an Investigation That Serves these opinions might be less helpful to lawyers who want to use all available a Public Interest, Attorney A was retained by Client C to investigate and, if means to scour an opposing litigant’s Facebook page. appropriate, file a lawsuit against Client C’s former employer, E. E employed C as a janitor and required him to work 60 hours each week for $400. 97 FEO 10 Before filing suit, A wanted to retain a private investigator to investigate E’s For example, 97 FEO 10, Undercover Officer Planted by Prosecutor in Cell wage payment practices. The private investigator suggested using lawful, of Represented Defendant, explicitly allowed criminal prosecutors to plant but misleading or deceptive tactics, to obtain the information A sought. For an undercover law enforcement officer in a prison cell to allow that officer example, the private investigator would pose as a person interested in being to listen to conversations of other inmates. As long as the officer did not hired by E as a janitor to see if E violated the North Carolina Wage and Hour participate in those conversations, ask questions of the other inmates, Act when compensating the investigator. or give legal advice, the prosecutor would not run afoul of Rule 4.2(a), which prohibits a lawyer from “communicat[ing] about the subject of the Again, the answer was yes. 2014 FEO 9 found that Rule 8.4(a), representation with a person the lawyer knows to be represented by another which prohibits using third parties from engaging in conduct using lawyer in the matter unless the lawyer...is authorized by law to do so.” misrepresentation, was a rule of reason designed not to punish, but Leaving aside how weird it would be for a planted undercover officer to listen to protect the public. In pursuing a legitimate public interest such to such conversations without participating in them or asking any questions, as in investigations of discrimination in housing, employment and this opinion was limited to prosecutors, and has no effect on civil litigators. accommodations, patent and intellectual property infringement, and the 99 FEO 10 production and sale of contaminated and harmful products, the opinion held Two years later, 99 FEO 10, Communicating with Employee of Adverse that a lawyer may supervise the use of misrepresentation: Organization in a Criminal Investigation, took a similar position. There, the N.C. Department of Justice’s Medicaid Investigations Unit was investigating (1) in lawful efforts to obtain information on actionable violations of an allegation that “Corporation” had submitted claims to Medicaid for health criminal law, civil law, or constitutional rights; care services that were never rendered. The Corporation was represented (2) if the lawyer’s conduct is otherwise in compliance with the Rules of by counsel. DOJ’s fraud investigator wanted to interview current Corporation Professional Conduct; employees without notice to Corporation’s counsel to ask them whether they falsified records, whether they saw others falsify records, and whether they or others were ordered by supervisors to falsify records. The investigator

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 32 (3) the lawyer has a good faith belief that there is a reasonable possibility New York City Formal Opinion 2010-2 that a violation of criminal law, civil law, or constitutional rights has taken In 2010, the New York City Bar, perhaps surprisingly, went the other way. It place, is taking place, or will take place in the foreseeable future; addressed “the narrow question of whether a lawyer, acting either alone or through an agent such as a private investigator, may resort to trickery via the (4) misrepresentations are limited to identity or purpose; and internet to gain access to an otherwise secure social networking page and (5) the evidence sought is not reasonably available through other means. the potentially helpful information it holds.” Its opinion “conclude[d] that an attorney or her agent may use her real name and The opinion went on to say that the use of misrepresentation to pursue profile to send a ‘friend request’ to obtain information from an unrepresented the purely personal interests of the lawyer’s client, without a public policy person’s social networking website without also disclosing the reasons for purpose, such as the interests of the principal in a family law matter, is not making the request. While there are ethical boundaries to such ‘friending,’ permitted. in our view they are not crossed when an attorney or investigator uses only truthful information to obtain access to a website, subject to compliance with 6 Opinions Addressing Undercover Investigations on Social Media all other ethical requirements.” Social media content that that is generally available to the public is fair game New York LEO 843 for litigators. But what if gaining access requires acceptance of a “friend” At about the same time, the New York Bar split from the New York City request? Can a lawyer misrepresent her true identity to make that happen? Bar on this issue and sided with the conclusions reached in Philadelphia Given the allowances made in the North Carolina opinions, one might expect and San Diego. There, only public social media pages were at issue. The some permissiveness with respect to undercover investigations on social opinion held that New York’s Rule 8.4 would not be implicated because media. But the general pattern is restrictive. the lawyer was not engaged in deception by accessing a public website Philadelphia LEO 2009-02 available to anyone in the network. Accordingly, the lawyer could “ethically In 2009, a lawyer “propose[d] to ask a third person, someone whose name view and access the Facebook and MySpace profiles of a party other than the witness [would] not recognize, to go to the Facebook and Myspace the lawyer’s client in litigation as long as the party’s profile was available websites, contact [an unrepresented] witness and seek to ‘friend’ her, to to all members in the network and the lawyer neither ‘friend[ed]’ the other 7 obtain access to the information on the pages. The third person would only party nor direct[ed] someone else to do so.” state truthful information, for example, his or her true name, but would not reveal that he or she is affiliated with the lawyer . . . .” Then the third person Leaving aside New York City Formal Opinion 2010, which may turn out to would turn the information over to the lawyer to evaluate for use in litigation. be an outlier, the weight of authority cuts against a lawyer’s making a social The Philadelphia Bar did not love the plan, and found that it would violate media friend request without fully disclosing the identity of the requester Rule 8.4(c) because the planned communication was deceptive in that it and the reason for the request. While content that is generally available to purposefully omitted the reason for the friend request.4 the public should be available for use in litigation, material limited to a set of contacts that requires invitation should be invited with all relevant facts San Diego LEO 2011-2 clear. WBF The San Diego County Bar took a similar approach in its treatment of a lawyer who wanted to make friend requests to senior executives of a corporate litigation opponent. The legal ethics opinion said, “A friend End Notes request nominally generated by Facebook and not the attorney is at least 1. Graham Templeton, What’s Up with Augmented Reality Contact Lenses?, Inverse an indirect ex parte communication with a represented party for purposes (May 22, 2017). of Rule 2-100(A). The harder question is whether the statement Facebook 2. The Top 20 Valuable Facebook Statistics – Updated August 2017, Zephoria uses to alert the represented party to the attorney’s friend request is a Digital Marketing (Aug. 1, 2017). communication ‘about the subject of the representation.’ We believe the 3. Daniel Sparks, How Many Users Does Instagram Have?, The Motley Fool (May context in which that statement is made and the attorney’s motive in making 16, 2017). it matter. . . . If the communication to the represented party is motivated 4. Philadelphia Bar Association Professional Guidance Committee, Opinion 2009- 02 (Mar. 2009). by the quest for information about the subject of the representation, the 5. San Diego County Bar Legal Ethics Committee, Legal Ethics Opinion 2011-2 communication with the represented party is about the subject matter of that (May 24, 2011). representation.” The San Diego County Bar joined its Philadelphia peers in 6. New York City Bar Committee on Professional Ethics, Formal Opinion 2010-2, holding that public material was open for use, but attorneys could not make Obtaining Evidence from Social Networking Websites (Sept. 2010). a friend request to seek access to other content without disclosing why the 7. New York State Bar Ass’n Committee on Professional Ethics, Opinion #843 request was being made.5 (Sept. 10, 2010).

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 33 LOVETT AND MANN DETHRONE WHITMEYER AND HARRISON IN WCBA TENNIS TOURNAMENT

Rik Lovett and Barry Mann won the Wake County Bar Association Championship Division doubles crown on October 6 at the Carolina Country Club, beating Randy Whitmeyer and Webster Harrison 6-4 in the final. Whitmeyer had won the tournament for the last five years in a row (the last two years with Harrison as his partner). Lovett and Mann beat Keith Satisky and Bryan Brice 6-4 in one semifinal, and Whitmeyer and Harrison beat Jason Tuttle and William Plyler 7-6 (5) in the other semifinal.

David Beatty won the Open Division, and Nick Dowgul was the runner-up. The weather and refreshments were great, and a good time was had by all. Hope to see more WCBA members on the court in October 2018!

Nick Dowgul David Beatty

Randy Whitmeyer and Webster Harrison Rik Lovett and Barry Mann

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 34 WELCOME NEW MEMBERS THE NEWEST MEMBERS APPROVED AT THE OCTOBER 2017 MEETING OF THE BOARD OF DIRECTORS

Dauna Bartley | DL Bartley Law Martha Peed Wyatt Booth | Williams Mullen Adams Howell Sizemore & Lenfestey, PA Jared Burtner James Pully | Wake County District Attorney’s Office Quintin Byrd | Forrest Firm, P.C. Stephen Pytlik | Brown Law LLP Nestor Capote Virginia Runion Sheena Dasani | Williams Mullen Holly Savino Matthew Farr | Tharrington Smith LLP John Schaeffer Danielle Feller | Roberts Law Group PLLC Jennifer “Jen” Shapiro | NC Bar Association Casey Fidler | Tharrington Smith LLP Jennifer Shine | Vitale Family Law Susan Fountain | Young Moore & Henderson PA Arista Sibrey | Frye Law Offices PA Michael Fury | Solo Practitioner Linda Teal | Knott & Boyle, PLLC Selene Haedi | Olive Law Group PLLC Samuel “Sam” Thorp | NC School Boards Association Kathryn Helin | Williams Mullen Amy Vukovich | Legal Aid of NC Warren Hicks | Bailey & Dixon LLP Tara Warwick | Carnes Warwick, PLLC Alexandra “Alex” Hilditch | Goldberg Segalla, LLP Kandace Watkins Volha Ivanushko Peter Webb Jonathan “Jay” Jerkins | Jerkins Family Law Brooks Pierce McLendon Humphrey & Leonard LLP Pauline “Polly” Laubinger | Solo Practitioner Anne Whitney John Mace | Hervey and Hervey PA Robert Whitney | Young Moore & Henderson PA Stuart Matthews | Matthews Immigration Group Kimberly Moore | The Law Office of Jessie A Jeffers, PA Hannah Murphy

FOLLOW, CONNECT AND LIKE: WCBA SOCIAL MEDIA

@WAKECOUNTYBAR LINKEDIN.COM/COMPANY/ FACEBOOK.COM/ WAKECOUNTYBAR WAKECOUNTYBAR @WAKECOUNTYBAR

WAKE BAR FLYER • FOURTH QUARTER 2017 PAGE 35 W WAKE COUNTY BAR ASSOCIATION PO Box 3686, Cary, NC 27519-3686

WCBA BASKETBALL SIGN-UP CHARLES BRANDON HUNT LAWYER’S BASKETBALL LEAGUE 2018

The 2018 League will start on January 13, 2018, and will again be located at the J.D. Lewis Multipurpose Center, located at 2245 Garner Road, Raleigh.

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

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