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Journal 23,1 THE NORTH CAROLINA STATE BAR SPRING JOURNAL2018 IN THIS ISSUE NC Uniform Power of Attorney Act page 8 Tying the Knot? Or Just Moving In? page 20 To Build a Courthouse page 22 NORTH CAROLINA PRO BONO RESOURCE CENTER NC PRO BONO REPOREPORTINGRRTTING DEADLINE: MARCH 31, 2018 WHAT SHOULD I REPORT? The NC Pro Bono Reporting Form collects information about all the activities encouraged in NC Rule of Professional Conduct 6.1: pro bono legal service, legal service at a substantially reduced fee, activity that improves the law, the legal system, or the legal profession, non-legal community service, and financial support of legal service providers. HOW DO I REPORT? Visit ncprobono.org/volunteer/reporting and provide information about the activities included in NC Rule of Professional Conduct 6.1. You will need basic information about your number of pro bono hours, organizations through which you provided pro bono legal service, and types of pro bono legal services you provided. You will not need specific totals of hours or amounts for the other types of activities included in Rule 6.1. Finally, you will need your NC State Bar ID Number to submit your entry. WHY SHOULD I REPORT? There are three major reasons to report your pro bono legal service: (1) it’s a way to showcase attorney volunteerism in NC -- we want to share the good work being done by the legal profession in our state; (2) it’s an opportunity to encourage your peers to grow their pro bono involvement by sharing about your own engagement; and (3) it’s an opportunity for recognition -- attorneys who report at least 50 hours of pro bono legal service in a year will be inducted into that year’s cohort of the NC Pro Bono Honor Society and receive a certificate from the Supreme Court of North Carolina recognizing their achievement. CONNECT ncprobono.org 919.890.1090 facebook.com/ncprobono PO Box 2448 WITH US twittetwitter.com/ncprobonor.com/ncprobono Raleigh, NC 27602 THE NORTH CAROLINA STATE BAR JOURNAL FEATURES Spring 2018 Volume 23, Number 1 8 The North Carolina Uniform Power of Editor Attorney Act: A Practical Introduction Jennifer R. Duncan for Real Estate Practitioners By James E. Creekman 18 General Assembly Eliminates Access © Copyright 2018 by the North Carolina to Civil Justice Act State Bar. All rights reserved. Periodicals By Jennifer M. Lechner postage paid at Raleigh, NC, and additional offices. Opinions expressed by contributors 19 On the Way to the Courthouse—The are not necessarily those of the North Law of the Letter Carolina State Bar. POSTMASTER: Send By R. Michael Wells Sr. address changes to the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. 20 Tying the Knot? Or Just Moving In? The North Carolina Bar Journal invites the By Robert A. Mason submission of unsolicited, original articles, essays, and book reviews. Submissions may 22 To Build a Courthouse be made by mail or email (jduncan@ By G. Gray Wilson ncbar.gov) to the editor. Publishing and edi- torial decisions are based on the Publications 25 New Pro Bono Regional Councils Committee’s and the editor’s judgment of Convene the quality of the writing, the timeliness of By Jared S. Smith the article, and the potential interest to the readers of the Journal. The Journal reserves 26 The Criminal Court System is the the right to edit all manuscripts. The North Theatre of the Real Carolina State Bar Journal (ISSN 10928626) By John G. Gehring is published four times per year in March, June, September, and December under the direction and supervision of the council of the North Carolina State Bar, PO Box 25908, Raleigh, NC 27611. Member rate of $6.00 per year is included in dues. Nonmember rates $10.73 per year. Single copies $5.36. The Lawyer’s Handbook $16.09. Advertising rates available upon request. Direct inquiries to Director of Communications, the North Carolina State Bar, PO Box 25908, Raleigh, North Carolina 27611, tel. (919) 828-4620. ncbar.gov Follow us at: Twitter: @NCStateBar Facebook: facebook.com/NCStateBar THE NORTH CAROLINA STATE BAR JOURNAL 3 DEPARTMENTS 34 Lawyer Assistance Program BAR UPDATES 5 President’s Message 36 Pathways to Wellbeing 42 In Memoriam 6 State Bar Outlook 38 IOLTA Update 51 Client Security Fund 28 The Disciplinary Department 40 Legal Ethics 52 Distinguished Service Award 30 Trust Accounting 41 Proposed Ethics Opinions 53 Law School Briefs 31 Legislative Update 45 Rule Amendments 32 Legal Specialization Officers 13: Michael R. Ramos, Shallotte 27A: Timothy L. Patti, Gastonia John M. Silverstein, Raleigh 14: Dorothy Hairston Mitchell, 27B: Rebecca J. Pomeroy, Lincolnton President 2017-2018 Durham 28: Anna Hamrick, Asheville G. Gray Wilson, Winston-Salem William S. Mills, Durham 29A: H. Russell Neighbors, Marion President-Elect 2017-2018 15A: Charles E. Davis, Mebane 29B: Christopher S. Stepp, C. Colon Willoughby Jr., Raleigh 15B: Charles Gordon Brown, Chapel Hill Hendersonville Vice President 2017-2018 16A: Terry R. Garner, Laurinburg 30: Gerald R. Collins Jr., Murphy L. Thomas Lunsford II, Chapel Hill 16B: David F. Branch Jr., Lumberton Secretary-Treasurer 16C: Richard Buckner, Rockingham Public Members Mark W. Merritt, Charlotte/Chapel Hill 17A: Matthew W. Smith, Eden Thomas W. Elkins, Raleigh Past-President 2017-2018 17B: Thomas W. Anderson, Pilot Dr. Joseph E. Johnson, Greensboro Mountain Mohan Venkataraman, Morrisville Councilors 18: Barbara R. Christy, Greensboro By Judicial District Stephen E. Robertson, Greensboro Executive Director 1: C. Everett Thompson II, Elizabeth 18H: Raymond A. Bretzmann, High L. Thomas Lunsford II City Point 2: G. Thomas Davis Jr., Swan 19A: Herbert White, Concord Assistant Executive Director Quarter 19B: Clark R. Bell, Asheboro Alice Neece Mine 3A: Charles R. Hardee, Greenville 19C: Darrin D. Jordan, Salisbury 3B: Debra L. Massie, Beaufort 19D: Richard Costanza, Southern Pines Counsel 4: Robert W. Detwiler, Jacksonville 20A: John Webster, Albemarle Katherine Jean 5: W. Allen Cobb Jr., Wilmington 20B: H. Ligon Bundy, Monroe 6: W. Rob Lewis II, Ahoskie 21: Michael L. Robinson, Winston- Editor 7: Randall B. Pridgen, Rocky Mount Salem Jennifer R. Duncan 8: C. Branson Vickory III, Goldsboro Kevin G. Williams, Winston- 9: Paul J. Stainback, Henderson Salem Publications Editorial Board 9A: Alan S. Hicks, Roxboro 22A: Kimberly S. Taylor, Taylorsville Darrin D. Jordan, Chair 10: Heidi C. Bloom, Raleigh 22B: Sally Strohacker, Mocksville Nancy Black Norelli, Vice Chair Walter E. Brock Jr., Raleigh 23: John S. Willardson, Wilkesboro Phillip Bantz (Advisory Member) Nicholas J. Dombalis II, Raleigh 24: Andrea N. Capua, Boone Richard G. Buckner Theodore C. Edwards II, Raleigh 25: M. Alan LeCroy, Morganton Andrea Capua Katherine Ann Frye, Raleigh 26: David N. Allen, Charlotte Margaret Dickson (Advisory Member) Robert Rader, Raleigh Robert C. Bowers, Charlotte John Gehring (Advisory Member) Donna R. Rascoe, Raleigh A. Todd Brown, Charlotte Ashley London (Advisory Member) Warren Savage, Raleigh Mark P. Henriques, Charlotte Stephen E. Robertson 11A: Eddie S. Winstead III, Sanford Dewitt McCarley, Charlotte Christopher S. Stepp 11B: Marcia H. Armstrong, Smithfield Nancy Black Norelli, Charlotte John Webster 12: Lonnie M. Player Jr., Fayetteville Eben T. Rawls, Charlotte 4 SPRING 2018 THE PRESIDENT’S MESSAGE The View from Here B Y J OHN M. SILVERSTEIN fter a nearly 30-year tenure in morning to a parking lot adjacent to a state struggles to a better place through positive a suburban office building, park. A car that belonged to an attorney changes. It is last on the agenda because the three years ago the world friend had been discovered abandoned, and a presentation is so powerful that any subject headquarters of my law firm, group of his friends was requested to meet that followed would lose its significance. SatiskyA & Silverstein, LLP, relocated to the there to assist the law enforcement officers It is not the purpose of this article to dis- top floor of an older two-story building on who had been called in to investigate. About cuss the litany of issues that impair the well- Hillsborough Street in an area near down- a dozen of us received instructions from being of lawyers, nor to address the signifi- town Raleigh that is transitioning from a police officers who would first enter the park cant number of practitioners who are directly quiet neighborhood of small retail and office entrance near the vehicle, and then enlist our affected. The impact of that impairment on uses to a prime destination assistance in a search if it was our profession and the communities in for more intensive mixed-use needed. We didn’t have to which we practice is well documented. “The developments featuring high wait long. The officers Path to Lawyer Well-Being: Practical rise buildings with offices, informed us that they found Recommendations for Positive Change,” restaurants, stores, and apart- our friend’s body at a picnic published by the National Task Force on ments. Before our move, I table a few hundred feet into Lawyer Well-Being in August 2017, contains argued with Howard Satisky, the park. We shuffled our a comprehensive analysis of the challenges my partner of more than 40 feet on the cold pavement we face as a profession and our potential for years, over who would occu- not wanting to stay or leave finding better paths to follow. The report py the spacious office with as we struggled with our dis- contains specific recommendations and large windows overlooking belief at what we knew to be structural, institutional, and suggested rule Raleigh’s gateway from the true—our friend had com- changes for stakeholders like state bar regula- west, Hillsborough Street, mitted suicide at the age of tors, CLE, bar associations, law schools, the and who would be relegated 40.
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