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Journal 22,2 THE NORTH CAROLINA STATE BAR SUMMER JOURNAL2017 IN THIS ISSUE LegalZoom Litigation and Legislation page 6 Fiduciary Access to Digital Assets page 14 Juvenile Defenders - 50 Years Since In Re Gault page 16 We focus on the details. Personal Service. Excellent Rates. Running a law firm is a business, and protecting yourself and your business from the unexpected is necessary. But finding the right coverage is time consuming and takes away from the practice of law. Let us be your partner. Use our unique expertise for insurance tailored by lawyers to lawyers. We offer the following for you, your employees and your families. Q HEALTH, DENTAL, DISABILITY and MEDICARE SUPPLEMENT BENEFITS no matter the size of your practice. Q Protection for your practice from the unexpected with a BUSINESS OWNERS POLICY, BUSINESS AUTO, and WORKERS COMPENSATION. Q Expert knowledge in necessary and additional specialty coverage like COURT & PROBATE BONDS, CYBER LIABILITY, CRIME & FIDELITY, and PROFESSIONAL LIABILITY. Q Planning for the future with LONG TERM CARE, RETIREMENT INCOME, and STRUCTURED SETTLEMENTS & TRUST PLANNING. Q Personal insurance needs including LIFE INSURANCE, AUTO & HOME, and DISABILITY INCOME. PERSONAL SERVICE, TAILORED TO YOU. CALL US TODAY. Lawyers Insurance: COLLABORATIVE SOLUTIONS 1.800.662.8843 919.677.8900 WWW.LAWYERSINSURANCEAGENCY.COM LAWYERS LIABILITY INSURANCE COMPANY OF MUTUAL NORTH CAROLINA THE NORTH CAROLINA STATE BAR JOURNAL FEATURES Summer 2017 Volume 22, Number 2 6 LegalZoom Litigation and Editor Legislation: Progress or Problem? Jennifer R. Duncan By John N. Fountain 10 Questioning Prospective Jurors about Possible Racial or Ethnic Bias: Lessons © Copyright 2017 by the North Carolina from Pena-Rodriguez v. Colorado State Bar. All rights reserved. Periodicals By Alyson A. Grine postage paid at Raleigh, NC, and additional offices. Opinions expressed by contributors 14 New North Carolina Law Allows are not necessarily those of the North Fiduciaries Access to Digital Assets Carolina State Bar. POSTMASTER: Send address changes to the North Carolina State (But Only If...) Bar, PO Box 25908, Raleigh, NC 27611. By Jean Gordon Carter The North Carolina Bar Journal invites the 16 Juvenile Defenders Reflect on Their submission of unsolicited, original articles, essays, and book reviews. Submissions may Careers and 50 Years Since be made by mail or e-mail (ncbar@bell- By Eric J. Zogry south.net) to the editor. Publishing and edi- torial decisions are based on the Publications 19 Lawyers in the Legislature Committee’s and the editor’s judgment of By N. Leo Daughtry the quality of the writing, the timeliness of 20 Honesty is the Only Policy the article, and the potential interest to the readers of the Journal. The Journal reserves By G. Gray Wilson the right to edit all manuscripts. The North 22 Trial by Nature—Courtroom Lessons Carolina State Bar Journal (ISSN 10928626) is published four times per year in March, to Live By June, September, and December under the By Tricia M. Derr direction and supervision of the council of the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. Member rate of $6.00 per year is included in dues. Nonmember rates $10.73 per year. Single copies $5.36. The Lawyer’s Handbook $16.09. Advertising rates available upon request. Direct inquiries to Director of Communications, the North Carolina State Bar, PO Box 25908, Raleigh, North Carolina 27611, tel. (919) 828-4620. ncbar.gov Follow us at: Twitter: @NCStateBar Facebook: facebook.com/NCStateBar THE NORTH CAROLINA STATE BAR JOURNAL 3 DEPARTMENTS 30 The Disciplinary Department BAR UPDATES 32 Lawyer Assistance Program 5 President’s Message 34 IOLTA Update 31 In Memoriam 25 Trust Accounting 35 Proposed Ethics Opinions 51 Client Security Fund 26 Profile in Specialization 35 BOLE Amendments 52 Law School Briefs 28 Legal Ethics 38 Rule Amendments 53 July Bar Exam Applicants Officers 12: Lonnie M. Player Jr., Fayetteville 27B: Rebecca J. Pomeroy, Lincolnton 13: Michael R. Ramos, Shallotte 28: Anna Hamrick, Asheville Mark W. Merritt, Charlotte/Chapel Hill 14: Dorothy Hairston Mitchell, 29A: H. Russell Neighbors, Marion President 2016-2017 Durham 29B: Christopher S. Stepp, John M. Silverstein, Raleigh William S. Mills, Durham Hendersonville President-Elect 2016-2017 15A: Charles E. Davis, Mebane 30: Gerald R. Collins Jr., Murphy G. Gray Wilson, Winston-Salem 15B: Charles Gordon Brown, Chapel Hill Vice President 2016-2017 16A: Terry R. Garner, Laurinburg Public Members L. Thomas Lunsford II, Raleigh 16B: David F. Branch Jr., Lumberton Patricia R. Head, Raleigh Secretary-Treasurer 16C: Richard Buckner, Rockingham Robert C. Sinclair, Raleigh Margaret M. Hunt, Brevard 17A: Matthew W. Smith, Eden Emmanuel Wilder, Morrisville Past-President 2016-2017 17B: Thomas W. Anderson, Pilot Mountain Executive Director Councilors 18: Barbara R. Christy, Greensboro L. Thomas Lunsford II Stephen E. Robertson, Greensboro By Judicial District 18H: Richard S. Towers, High Point Assistant Executive Director 1: C. Everett Thompson II, Elizabeth 19A: Herbert White, Concord Alice Neece Mine City 19B: Clark R. Bell, Asheboro 2: G. Thomas Davis Jr., Swan 19C: Darrin D. Jordan, Salisbury Counsel Quarter 19D: Richard Costanza, Southern Pines Katherine Jean 3A: Charles R. Hardee, Greenville 20A: John Webster, Albemarle 3B: Debra L. Massie, Beaufort 20B: H. Ligon Bundy, Monroe Editor 4: Robert W. Detwiler, Jacksonville 21: Michael L. Robinson, Winston- Jennifer R. Duncan 5: W. Allen Cobb Jr., Wilmington Salem 6: W. Rob Lewis II, Ahoskie Kevin G. Williams, Winston- Publications Committee 7: Randall B. Pridgen, Rocky Mount Salem Nancy Black Norelli, Chair 8: C. Branson Vickory III, Goldsboro 22A: Kimberly S. Taylor, Taylorsville Andrea Capua, Vice Chair 9: Paul J. Stainback, Henderson 22B: Roger S. Tripp, Lexington Phillip Bantz (Advisory Member) 9A: Alan S. Hicks, Roxboro 23: John S. Willardson, Wilkesboro Richard G. Buckner 10: Heidi C. Bloom, Raleigh 24: Andrea N. Capua, Boone Thomas P. Davis (Advisory Member) Walter E. Brock Jr., Raleigh 25: M. Alan LeCroy, Morganton Margaret Dickson (Advisory Member) Nicholas J. Dombalis II, Raleigh 26: David N. Allen, Charlotte John Gehring (Advisory Member) Theodore C. Edwards II, Raleigh Robert C. Bowers, Charlotte Darrin D. Jordan Katherine Ann Frye, Raleigh A. Todd Brown, Charlotte Ashley London (Advisory Member) Donna R. Rascoe, Raleigh Mark P. Henriques, Charlotte Sonya C. McGraw Warren Savage, Raleigh Dewitt McCarley, Charlotte Stephen E. Robertson C. Colon Willoughby Jr., Raleigh Nancy Black Norelli, Charlotte Christopher S. Stepp 11A: Eddie S. Winstead III, Sanford Eben T. Rawls, Charlotte 11B: Marcia H. Armstrong, Smithfield 27A: Sonya Campbell McGraw, Gastonia THE PRESIDENT’S MESSAGE NCCALJ Issues Final Report to the Chief Justice B Y M ARK W. M ERRITT On March 15, 2017, the North Carolina after its chair, John Medlin. The Futures the Legal Professional Committee, and State Commission on the Administration of Law Commission recommended sweeping Bar Councilor Darrin Jordan served on the and Justice presented its final report to Chief changes to the court system, such as eliminat- Criminal Investigation and Adjudication Justice Mark Martin. The report is entitled ing jurisdictional distinctions between district Committee. The State Bar staff presented to “Recommendations for Strengthening the and superior court, the appointment of the Legal Professionalism Committee on Unified Court System of North Carolina.” judges and clerks, the creation of statewide issues related to the regulation of the legal The report is an important document that family courts, and the merging of judicial dis- profession and provided statistics on the represents a comprehensive overview of the tricts into wider administrative units. The rec- growth of the Bar and the distribution of court system and how we can improve it. The ommendations of the Futures Commission, lawyers around the State. State Bar staff State Bar monitored the which were released in 1996, members and representatives attended and work of the commission, par- were not implemented, but monitored the work of the various commit- ticipated in the work of its did lead to pilot programs for tees. Based on our collective, first-hand committees and presenters, family courts and greater knowledge, I am confident in stating that the and provided two of its emphasis on mediation as a depth of examination that the commission members. In this article I will way to resolve disputes. brought to bear was impressive and the review the history of the Chief Justice Martin con- resources available for the commission mem- commission, its work, and its vened the commission in bers were extensive. recommendations. September 2015 as an inde- pendent, multi-disciplinary The Methodology of the Commission The History of the study group. The commission It is challenging in a single article to cap- Commission was charged with undertaking ture how the commission came to its recom- The commission’s work a comprehensive evaluation of mendations when its report is a comprehen- does not represent the first the judicial system and mak- sive document of close to 300 pages. The key time that there has been a comprehensive ing recommendations on how the courts could point is that the process was driven by data. review of the court system in North Carolina. be strengthened within the existing adminis- At our very first meeting we explored the In the late 1950s, the North Carolina Bar trative framework. The commission had 65 demographic forces that are profoundly Association took on the task of creating a uni- members, eight reporters, and numerous ex affecting our state. Some portions of North form system of state courts in North Carolina. officio members. It was truly multidisciplinary Carolina are among the fastest growing in That work was undertaken by what came to with members who were judges, lawyers, busi- the country, but other parts are depopulat- be known as the Bell Commission, which was ness leaders, legal educators, public servants, ing. We examined the reality of pro se liti- named after its chair, Judge Spencer Bell.
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