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Journal 16,3 THE NORTH CAROLINA STATE BAR FALL JOURNAL2011 IN THIS ISSUE E-Discovery 101 page 8 Rules of Civil Procedure and Their Impact on Foreclosure Cases page 18 An Interview with Author John Hart page 28 THE NORTH CAROLINA STATE BAR JOURNAL Fall 2011 Volume 16, Number 3 FEATURES Editor Jennifer R. Duncan 8 E-Discovery 101 By Ronald R. Davis Publications Committee Margaret J. McCreary, Chair John E. Gehring, Vice-Chair 12 The North Carolina Association of David Benbow Women Attorneys: Dorothy Bernholz Lauren Collins Creating Camaraderie, Nurturing Leaders, and G. Stevenson Crihfield Protecting the Rights of Women Rebecca Eggers-Gryder By Carolyn McAllaster and Jennifer Brobst Anna R. Hamrick George L. Jenkins Robert C. Montgomery 18Rules of Civil Procedure and Their Lonnie Player Impact on Foreclosure Cases in Carlyn G. Poole Harold G. Pope North Carolina G. Gray Wilson By Timothy J. Peterkin Alan D. Woodlief Jr. 23The Political Nature of John © Copyright 2011 by the North Carolina State Bar. All Marshall’s Fight for the Court in rights reserved. The North Carolina State Bar Journal (ISSN 10928626) is published four times per year in Marbury v. Madison March, June, September, and December under the direc- By Ward Zimmerman tion and supervision of the council of the North Carolina State Bar, 208 Fayetteville Street, Raleigh, NC 27601. 28An Interview with Author John Hart Member rate of $6.00 per year is included in dues. By John E. Gehring Nonmember rates $10.78 per year. Single copies $3.21. The Lawyer's Handbook $10.78. Advertising rates available 30 Blackbeard’s Last Raid upon request. Direct inquiries to Director of By Robert F. Stamps Communications, the North Carolina State Bar, PO Box 2011 Fiction Writing Competition Winner 25908, Raleigh, North Carolina 27611, tel. (919) 828- 4620. Periodicals postage paid at Raleigh, NC, and addi- tional offices. Opinions expressed by contributors are not necessarily those of the North Carolina State Bar. POST- Continued on page 4. MASTER: Send address changes to the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. The North Carolina Bar Journal invites the submission of unsolicited, original articles, essays, and book reviews. Submissions may be made by mail or e-mail ([email protected]) to the editor. Publishing and editorial decisions are based on the Publications Committee's and the editor's judgment of the quality of the writing, the timeliness of the article, Update Membership Information: Members who need to update their membership and the potential interest to the readers of the Journal. The information must do so by contacting the Membership Department via one of the four Journal reserves the right to edit all manuscripts. following methods: (1) log on to the Member Access section of the State Bar's website (www.ncbar.gov); (2) mail changes to: NC State Bar, Membership Dept., PO Box 26088, www.ncbar.gov Raleigh, NC 27611-5908; (3) call (919) 828-4620; or (4) send an e-mail to [email protected]. In deciding what address to list with the State Bar, be advised that this address will be used for all official correspondence from the State Bar and that PRINTED ON RECYCLED PAPER membership information is a public record pursuant to the NC Public Records Act. THE NORTH CAROLINA STATE BAR JOURNAL 3 Officers Steve Annis, Investigator Carmen H. Bannon, Deputy Counsel Anthony S. di Santi, Boone - President 2010-2011 Betsy C. Barham, Receptionist James R. Fox, Mount Airy - President-Elect 2010-2011 Tim Batchelor, Investigator M. Keith Kapp, Raleigh - Vice-President 2010-2011 Kelly Beck, Compliance Coordinator, Membership/CLE L. Thomas Lunsford II, Raleigh - Secretary-Treasurer Krista Bennett, Fee Dispute Facilitator, ACAP Barbara B. Weyher, Raleigh - Past-President 2010-2011 Michael D. Blan, Systems Analyst/Programmer Peter Bolac, Judicial District Bar Liaison/Trust Account DEPARTMENTS Councilors Compliance Officer By Judicial District Elizabeth E. Bolton, Receptionist 1: Donald C. Prentiss, Elizabeth City Eddie Capel, Investigator 2: G. Thomas Davis Jr., Swan Quarter Becky B. Carroll, Paralegal 5 President’s Message 3A: Leslie S. Robinson, Greenville W. Donald Carroll Jr., Consultant to LAP Program 3B: Debra L. Massie, Beaufort Margaret Cloutier, Senior Deputy Counsel 6 State Bar Outlook 4: Robert W. Detwiler, Jacksonville Joseph J. Commisso, Director of Investigations 34 Trust Accounting 5: Harold L. Pollock, Burgaw Luella C. Crane, Director of ACAP 6A: Gilbert W. Chichester, Roanoke Rapids Bruno E. DeMolli, Staff Auditor & Investigator 35 Lawyer Assistance Program 6B: Ronald G. Baker Sr., Ahoskie Sharon Denton, Events Manager 7: Randall B. Pridgen, Rocky Mount Jennifer R. Duncan, Director of Communications 38 Legal Ethics 8: George L. Jenkins Jr., Kinston A. Root Edmonson, Deputy Counsel 9: Julius E. Banzet III, Warrenton William N. Farrell Jr., Deputy Counsel 40 IOLTA Update 9A: R. Lee Farmer, Yanceyville Martha Fletcher, Admin. Asst. 41 10: Nicholas J. Dombalis II, Raleigh David J. Frederick, Investigator Profile in Specialization John N. (Nick) Fountain, Raleigh Towanda Garner, Piedmont LAP Coordinator 42 Paralegal Certification David W. Long, Raleigh Lanice Heidbrink, Exec. Asst., Admin. Carlyn G. Poole, Raleigh Jeffery Hill, Computer Systems Administrator 43 Featured Artist Donna R. Rascoe, Raleigh Leanor Hodge, Deputy Counsel Sally H. Scherer, Raleigh Joshua Hoffman, Admin. Asst., Office of Counsel 44 The Disciplinary Department John M. Silverstein, Raleigh Debra P. Holland, Asst. Director, CLE Cynthia L. Wittmer, Raleigh Buffy Holt, Admin Asst, LAP 45 Proposed Ethics Opinions 11A: Marcia H. Armstrong, Smithfield Tammy Jackson, Membership Director 51 Rule Amendments 11B: Donald E. Harrop Jr., Dunn Katherine Jean, Counsel and Assistant Executive Dir. 12: Lonnie M. Player Jr., Fayetteville David R. Johnson, Deputy Counsel 57 Classified Advertising 13: Harold G. Pope, Whiteville Barbara Kerr, Archivist 14: John A. Bowman, Durham Melanie Kincaid, Paralegal Margaret J. McCreary, Durham Erica Leventhall, Grant Data Asst., IOLTA 15A: Steven H. Messick, Burlington Suzanne Lever, Asst. Ethics Counsel 15B: Dorothy Bernholz, Chapel Hill Joyce L. Lindsay, Exec. Asst., Admin. 16A: William R. Purcell, Laurinburg Carey Adam Maner, Membership Asst. 16B: C. Christopher Smith, Lumberton Beth McIntire, IT Manager BAR UPDATES 17A: Joseph G. Maddrey, Eden Beth McLamb, Membership Asst. 17B: John E. Gehring, Walnut Cove Nichole P. McLaughlin, Deputy Counsel 18: Barbara R. Christy, Greensboro Barry S. McNeill, Deputy Counsel 50 In Memoriam Robert C. Cone, Greensboro Diane Melching, Admin. Asst., ACAP Richard S. Towers, High Point Sandra R. Melvin, Office Manager 54 Law School Briefs 19A: James D. Foster, Concord Dottie K. Miani, Facilities Manager/Deputy Clerk of DHC 19B: W. Edward Bunch, Asheboro Claire U. Mills, Accounts Manager, IOLTA 55 Client Security Fund 19C: Darrin D. Jordan, Salisbury Alice Neece Mine, Asst. Executive Dir., Dir. of CLE, 19D: Douglas R. Gill, Southern Pines Specialization, & Paralegal Certification 56 Distinguished Service Award 20A: Frederick D. Poisson Jr., Wadesboro Robynn E. Moraites, LAP Director 57 Baker Nominated as 20B: Harry B. Crow Jr., Monroe Denise Mullen, Asst. Director of Specialization 21: Michael L Robinson, Winston-Salem Loriann Nicolicchia, Accreditation Coordinator, CLE Vice-President G. Gray Wilson, Winston-Salem Emily Oakes, Attendance Compliance Coordinator, CLE 22: C. David Benbow IV, Statesville Brian Oten, Deputy Counsel 58 Selected Financial Data 22B: Roger S. Tripp, Lexington Lisanne Palacios, Accounting Manager 23: Jimmy D. Reeves, West Jefferson Heather Pattle, Administrator, Office of Counsel 24: Rebecca Eggers-Gryder, Boone C. Fred Patton, Jr., Investigator 25: Forrest A. Ferrell, Hickory Wondella Payne, Paralegal 26: David N. Allen, Charlotte Scott Perry, AP Investigator Robert J. Bernhardt, Charlotte Angel Pitts, Mail/Copy Clerk Ronald L. Gibson, Charlotte Jennifer Porter, Deputy Counsel F. Fincher Jarrell, Charlotte Evelyn Pursley, Executive Dir., IOLTA Mark W. Merritt, Charlotte Sonja B. Puryear, Admin. Asst., IOLTA Nancy Black Norelli, Charlotte Lori Reams, Admin. Asst., Office of Counsel Mujeeb Shah-Kahn, Charlotte Joan Renken, Admin. Asst., LAP 27A: Sonya Campbell McGraw, Gastonia Randall C. Ross, Investigator 27B: Ralph W. Meekins, Lincolnton Sandra L. Saxton, Public Liaison, ACAP 28: Howard L. Gum, Asheville Sonya Sells, Paralegal 29A: Marvin R. Sparrow, Rutherfordton Fern Gunn Simeon, Deputy Counsel 29B: Margaret M. Hunt, Brevard Jaya Singh, Accounting Asst. 30: W. David Sumpter III, Murphy Jennifer Slattery, Accreditation Clerk, CLE Jessica M. Smith, Paralegal Judith Treadwell, Public Liaison, ACAP Public Members Pam Tully, Investigator William F. Dowdy III, Raleigh Edmund F. Ward, Asst. Director, LAP Dr. Vinod Goel, Morrisville A. Dawn Whaley, Admin. Asst., Investigations Issac Heard Jr., Charlotte Edward R. White, Investigator Tara J. Wilder, Asst. Dir., Paralegal Certification Mary D. Winstead, Deputy Counsel Staff Christiane Woods, Admin Asst., Investigations Roger Allen, Investigator 4 FALL 2011 THE PRESIDENT’S MESSAGE July and the Council in Blowing Rock B Y A NTHONY S. DI S ANTI n July, the council of the North many lawyers are starting their practices law school, with the stipulation that the stu- Carolina State Bar met in Blowing without the guidance and experience of older dent must have completed a course in profes- Rock for the first time in many lawyers that many of us enjoyed when we sional responsibility and must
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