the mecklenburg bar news - 2/09
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February 2009TRANSCRIPT
February 2009 www.meckbar.org 1
February 2009
Volume 35 No. 8
From the PresidentTime to Hit theBar?
As the waves ofrecession sweep over ourcommunity and ourprofession, many attorneysare not sure how to react,what resources are avail-able, and how they cantake steps to minimizethe effects of economicdownturn on their
practices, their financial picture, and their personallife. Let me suggest that it may be a very goodtime to look at the resources offered by your Bar.
Continuing Legal Education:Our CLE programis a low-cost way to meet your licensing require-ments. Our programs are generally cheaper thanother providers, rarely require travel, and help keepthe pressure off the dues that support Bar activities.Perhaps most important in the changing legalenvironment, a CLE program can help you expandyour practice into areas that might be a little foggyfrom law school or your early days of practice. (Seepage 2 for the current list of CLE programs.)
Lawyers Referral Service: LRS is a fee servicethat matches panel members with potential clientsthrough a reduced initial consultation fee. Duringtougher times, more disputes often arise and accessto a client pool may strengthen your bottom line.
Indigent Representation:Many lawyers begintheir practice by getting on the appointment list,but experienced attorneys can also supplementtheir caseload by representing criminal indigentdefendants.
Community Outreach and Volunteer LawyersPrograms:With a few less hours to bill, many ofus have some time to give back to our community.Our Community Outreach Program sendsvolunteers into our schools to mentor and oftenhelp educate students on the legal system andjustice. Our VLP matches our lawyers withseveral pro bono opportunities with legal servicesorganizations and through our Wills & Estatesand Pro Bono for Nonprofits programs. (See page4 to learn more about participating in our VLP.)
Sections: Our Bar has sections ranging frombusiness law to criminal justice. Joining a sectionmay create networking opportunities for referralor conflicts work or a way to renew relationships.Make sure you are well known in your practicearea or perhaps in an area you want to developan expertise. (See page 3 for YLS activities.)
LawyerLife Resources: Too often, attorneys failto seek help with their personal and professionallives and small issues can become big problems.Our LawyerLife Resource Committee offers a richservice for financial, substance abuse, mental ill-ness, and other challenges that may need attentionwhen your professional or personal life is less thansatisfactory. (Consider the situation some of usface in the Committee’s column on page 5.)
Take a little time and visit www.meckbar.orgto learn more about your Bar. It may help youweather the economy and improve your practice.
John Lassiter,MCB President
MCB UndertakesHistory Book ProjectTo Mark Hundredth Anniversary
MCB Board NominatingCommittee 2009–10 Members
Sensing the importance of capturing the story ofour heritage for present and future generations, theMecklenburg County Bar (MCB) has commissioneda written history, to be published on the occasion ofits official 100th anniversary in 2012.
In an era in which the MCB is growing exponen-tially, we are in danger of losing sight of a rich historythat stretches back over more than two centuries.
The proposed history will cover this Bar’sevolution from the days when Waightstill Avery, thefirst local lawyer, wrote out his pleadings with a quillpen to today’s technological era, from one lawyer toover 4,100. It will trace our evolution from scatteredlaw offices around the early courthouses in the towncenter through the East Trade Street Law Building,the center of the local profession when our olderliving members began their careers, to the downtowntowers and neighborhood law offices of today.
It will trace that history in the context of thelandmark events that have shaped us: from colonialtimes, when Charlotte was a small crossroads town,through the Civil War and Reconstruction, twoWorld Wars, the Great Depression, and our struggleto emerge from the dark legacy of slavery to theshining symbol of the New South we have become inthe twenty-first century. It will focus not only onthose who have been our leaders, but also on thestories of those who have typified our Bar from timeto time, including our rich legacy of colorfulcharacters whose stories should not be lost.
The committee created to oversee this task hasselected Howard Covington and Marion Ellis toresearch and write the history. Former local newspaperreporters turned historians and biographers, they
bring with them an understanding of the history ofboth the legal profession and Charlotte. In additionto individually authored histories and biographies,their joint works include a 50-year history of theAmerican College of Trial Lawyers, a history ofNationsBank, the acclaimed biography of Governorand Senator Terry Sanford.
We anticipate that Covington and Ellis willinterview many of you. They will be seeking historicalmaterials from every available source, and not justfrom the Bar’s own files. They have asked that all themembers of the Bar begin to search their recollectionsand their files for materials that could aid their effort.
Financing the writing and publishing of thishistory, the total cost of which will probably run wellover $100,000, will come from funds from the Bar andthe Bar Foundation, gifts from lawyers and law firms,and book sales. The Bar will soon mount a formaldrive to solicit your contributions and pledges. JuliusChambers and Ozzie Ayscue have agreed to be thehonorary chairs of this fund drive. A working campaigncommittee led by Jerry Parnell will soon be appointed.
A group of past presidents of the Bar havealready made a substantial advance gift, so that wecan move quickly to enter into a formal contract andput the writers to work. We will happily accept moregifts and pledges, payable to the Mecklenburg BarFoundation, with the notation “Bar History Project.”Please mail them to Bar History, 438 Queens Road,Charlotte, NC 28207.
Your suggestions and offers to donate archivalmaterials that may be of use to the authors should bedirected to MCB Executive Director Nancy Roberson([email protected] or 704/375-8624).
In accordance with Section 3, Article V of thebylaws of the Mecklenburg County Bar (MCB), theBoard of Directors has approved the followingpersons to serve as members of the 2009–10Nominating Committee:Hon. Lisa C. Bell George V. Hanna IIIDiane E. Blackburn Jerry W. JerniganAretha V. Blake Mark R. KutnyRay S. Farris Lynwood E. MallardDebra L. Foster Timika Shafeek-HortonRonald L. Gibson John N. Suhr, Jr.Peter S. Gilchrist III
Robert C. Stephens, as Immediate Past Presidentof the Mecklenburg County Bar, serves as Chair of theNominating Committee. Executive Director NancyM. Roberson serves as staff liaison to this committee.
Procedures for NominationThe Committee encourages interested members of
the Mecklenburg County Bar to submit their names orthe names of other active members of the Bar to theNominating Committee for consideration as nomineesfor various offices and board of directors’ seats for thefiscal year beginning July 1, 2009, prior to March 24,2009. Please note that nominees must agree to serveprior to being officially nominated.Names should be
submitted to either a member of the Committee (listedabove), Robert C. Stephens as Chair of Committee,Nancy M. Roberson as Executive Director, or mailed toNominating Committee, c/o MCB, 438 Queens Road,Charlotte, NC 28207 by that date.
The Nominating Committee will meet onMarch 24, 2009, at 5:00 p.m. in the Boardroom atthe MCB Center at 438 Queens Road.Membersmay elect to appear at 5:00 p.m. to nominate amember. A list of the persons nominated by theCommittee shall be published on the MCB websiteand in the April 2009 newsletter and will bepresented to the membership at the Annual Meetingof the MCB. Additional nominations may also bemade from the floor at the Annual Meeting.
The Committee shall nominate persons to servein the following offices for the 2009–10 term:
President-Elect (one-year term)Vice President (one-year term)Secretary (one-year term)Treasurer (one-year term)Board of Directors (six members—three-year
terms—two of whom are young lawyers). (See MCBBylaws at www.meckbar.org in the Handbook underResources.)
MCBNews.2-09v6:MCBNews 1/29/09 9:34 AM Page 1
Live ProgramsConstitutional Tales: North Carolina’sEducation ConstitutionCLE Credit: 1.0 Ethics and 1.0 GeneralDate: Wednesday, February 18, 2009Time: Registration 12:30 p.m.
Program 1:00–3:00 p.m.Location: Levine Museum of the New
SouthFees: $120 attorney rate;
$55 paralegal rateAmericans with Disabilities Act: NewImpacts in the Web EnvironmentCLE Credit: 1.0 GeneralDate: Wednesday, February 18, 2009Time: Registration 12:00 p.m.
Program 12:30–1:30 p.m.Location: MCB CenterFees: $75 attorney rate;
$35 paralegal rateThe Ethics of E-Mail and OtherCommunicationsCLE Credit: 1.0 EthicsDate: Thursday, February 19, 2009Time: Registration 12:00 p.m.
Program 12:30–1:30 p.m.Location: MCB CenterFees: $75 attorney rate;
$35 paralegal rateCivil Litigation ForumSponsored by MCB Civil Litigation SectionCLE Credit: 6.0 totalDate: Friday, February 20, 2009Time: Registration 8:30 a.m.
Program 9:00 a.m.–4:00 p.m.Location: Crowne Plaza HotelFees: $275 attorney rate;
$250 MCB Civil LitigationSection member rate;$135 paralegal rate
Do You Manage Stress or Does StressManage You: Rethinking StressManagement for the Lawyer & the FirmCLE Credit: 1.0 Mental Health/Substance
Abuse and 0.5 EthicsDate: Monday, February 23, 2009Time: Registration 12:00 p.m.
Program 12:30–2:00 p.m.Location: MCB CenterFees: $90 attorney rate;
$45 paralegal rateEstate Planning SeriesSponsored by MCB Estate Planning SectionCLE Credit: 1.0 EthicsDate: Tuesday, February 24, 2009
(Session 4)Time: Registration 7:45 a.m.
Program 8:00–9:00 a.m.Location: MCB CenterFees: $55 single session attorney rate;
$30 single session paralegal rate
State Court View From the BenchSponsored by the MCB Family Law SectionCLE Credit: 1.5 GeneralDate: Thursday, February 26, 2009Time: Registration 12:00 p.m.
Program 12:30–2:00 p.m.Location: Mecklenburg County CourthouseFees: $75 attorney rate;
$35 paralegal rateLegal Writing: Plain Language for LawyersCLE Credit: 3.0 GeneralDate: Friday, February 27, 2009Time: Registration 8:30 a.m.
Program 9:00 a.m.–12:00 p.m.Location: MCB CenterFees: $175 attorney rate;
$95 paralegal rateTechnology in the CourtroomCLE Credit: 2.0 GeneralDate: Thursday, March 12, 2009Time: Registration 8:30 a.m.
Program 9:00–11:00 a.m.Location: Charlotte School of LawFees: $110 attorney rate;
$50 paralegal rateImmigration Update for the Bench andBarSponsored by the MCB Immigration &Nationality SectionCLE Credit: 4.0 General or 7.0 General with
afternoon pro bono sessionDate: Friday, March 13, 2009Time: Registration 8:30 a.m.
Program 9:00 a.m.–1:00 p.m.and 2:00–5:00 p.m. pro bonosession on Violence AgainstImmigrant Women’s Act
Location: Charlotte-MecklenburgGovernment Center MeetingChamber
Fees: $175 attorney rate for morningsession;$95 paralegal rate for morningsession
Practice Before the ClerkCLE Credit: 3.0 GeneralDate: Friday, April 24, 2009Time: Registration 8:30 a.m.
Program 9:00 a.m.–12:00 p.m.Location: MCB CenterFees: $150 attorney rate;
$75 paralegal rateBankruptcy Forum 2009CLE Credit: 6.0 totalDate: Friday, May 8, 2009Time: Registration 8:30 a.m.
Program 9:00 a.m.–4:30 p.m.Location: TBDFees: TBD
Professionalism and Leadership Seminarat SeaCLE Credit: 7.5 Ethics and 1.5 Mental
Health/Substance AbuseDates: June 17, 2009, through June 25,
2009Time: TBALocation: Regent Cruise Line Alaska
VoyageFee: $450 CLE only (does not include
travel and cruise expenses)
Video ReplaysDiscovering New Ways to Represent YourClients More Effectively: TherapeuticJurisprudenceCLE Credit: 2.0 Ethics and 1.0 Mental
Health/Substance AbuseDate: Wednesday, February 25, 2009Time: Registration 15 minutes prior to
programProgram 9:00 a.m.–12:15 p.m.
Location: MCB CenterFees: $150 attorney rate;
$75 paralegal rateResidential and Commercial Landlord-Tenant Law 2008Practical & Ethical ConcernsCLE Credit: 3.0 General and 1.0 EthicsDate: Monday, March 9, 2009Time: Registration 15 minutes prior to
programProgram 12:00–4:00 p.m.
Location: MCB CenterFees: $175 attorney rate;
$110 pro bono attorney rate;$90 paralegal rate
Lawyer Anxiety and Personality Disorders2008CLE Credit: 1.0 Mental Health/Substance
AbuseDate: Wednesday, February 25, 2009Time: Registration 15 minutes prior to
programProgram 12:30–1:30 p.m.
Location: MCB CenterFees: $75 attorney rate;
$35 paralegal rateA Practical and Ethical Approach toE-DiscoveryCLE Credit: 2.0 General and 1.0 EthicsDate: Tuesday, February 24, 2009Time: Registration 15 minutes prior to
the programProgram 12:00–3:00 p.m.
Location: MCB CenterFees: $150 attorney rate;
$75 paralegal rate
2 www.meckbar.org February 2009
Consider the MCB CLE Advantage
Your Bar offers high-quality, incredibly convenient, and cost-effectivecontinuing legal education programs right here in MecklenburgCounty. The feedback on our accreditation and evaluation formsconsistently rates our training as excellent. We offer live and replayCLEs here at the Bar Center, other local sites, and even at your ownoffice as well as online programs right at your desk 24/7. Ourprograms are competitively priced—with rarely any additional long-distance travel expenses. And our customer service is friendly,competent, and knowledgeable. Support your local Bar by gettingyour CLE credits through the courses listed below.
In-House Video ReplaysYou can bring CLE video replays to your firm by contacting CLECoordinator Lisa Armanini ([email protected]) or CLE AssistantSally Kenney ([email protected]). Just guarantee that at least threeattorneys will view the course and give Lisa or Sally 30-days notice.Video replay hours do not count towards the four-hour online allotment.
Online ProgramsOnline CLE Program at www.meckbar.org. On demand, available 24hours. State requirements allow up to 4 hours of online coursesannually—video and live programs do not count towards that total.Customer service line 800/590-6867. MCB endorses only EducationOver the Net as our online hosting service.
MCBNews.2-09v6:MCBNews 1/30/09 8:36 AM Page 2
February 2009 www.meckbar.org 3
MCB Award Nominations Sought
James B. McMillan FellowshipApplications Available
2009 Chambers DiversityChampion Award
Nominations are being sought for theMecklenburg County Bar (MCB) Julius L. ChambersDiversity Champion Award. Nominee names andinformation supporting your nominations should besent by February 25, 2009, to Stephanie A. Marella,Diversity Coordinator, by mail MCB, 438 QueensRoad, Charlotte, NC 28207 or via [email protected].
The award will be presented at the McMillanFund Dinner on April 14, 2009 (see page 7 for details).
The purpose of the Julius L. Chambers DiversityChampion Award is to recognize an individual whoembodies high ethical standards, unquestionedintegrity, consistent competence, and who championsdiversity in the legal profession. Criteria may includeone or more of the following:• facilitates recruitment, hiring, retention, and
promotion of diverse individuals in the legalprofession
• provides outstanding service and education tothe community at large by unifying and upliftingdiverse people of all backgrounds
• promotes ideals of diversity in the legal profession.
2008–09 VLP Pro Bono AwardsThe MCB Volunteer Lawyers Program welcomes
nominations for the 2008–09 Pro Bono Awards. Thisyear’s categories are:I. Outstanding Individual Attorney
II. Outstanding Large Firm with 25 attorneys ormore
III. Outstanding Small Firm with 24 attorneys or less.
Winners will receive their awards at the MCBAnnual Meeting on May 21, 2009. Please submitnominations in writing beforeMarch 20, 2009.Anyattorney, law firm, or organization may submitnominations. Nominations should state relevantinformation including types of volunteer workperformed, the number of pro bono hours worked (ifknown), and the impact of the nominee’s volunteerwork. Please send nominations to [email protected] MCB VLP, 438 Queens Road, Charlotte, NC28207.
2009 Liberty Bell AwardThe Law Day Committee is accepting
nominations for the 2009 Liberty Bell Award. Theaward, which will be presented at the upcoming LawDay Luncheon on May 1, 2009, is our Bar’s highesthonor for a non-lawyer. The purpose of the award is
to recognize community service that hasstrengthened the American system of freedom underthe law. The following criteria govern considerationby the committee to recognize outstanding service bya non-lawyer in one of these areas:1. Promoting a better understanding of our
Constitution and the Bill of Rights.
2. Encouraging greater respect for law and thecourts.
3. Stimulating a deeper sense of individualresponsibility so that citizens recognize theirduties as well as their rights.
4. Contributing to the effective functioning of ourinstitutions of government.
5. Fostering a better understanding andappreciation of the rule of law.
Please forward your nominations, includingsupporting materials and résumé of the nominee (ifpossible), byMarch 30, 2009, by mail (Liberty BellAward, 438 Queens Road, Charlotte, NC 28207), byfax (704/333-6209, addressed to Liberty Bell Award),or by e-mail ([email protected], subject line: LibertyBell Award). All nominations will be held inconfidence.
Applications for the Fellowship arenow available from the Bar Office oronline at www.meckbar.org.
The James B. McMillan FellowshipFund was established in 1995 to honor thememory and example of U. S. DistrictJudge James B. McMillan. The Fellowship’sgoal is to promote justice and innovationwithin the legal system in MecklenburgCounty, North Carolina, byawarding fellowships to lawstudents desiring workexperience with not-for-profitor governmental agencies.The amount of the fellowshipis up to $3,000 for a summeror fall semester placement.
The FellowshipCommittee prefersapplications submitted jointlyby the prospective employingagency and an interested law
student. The application should describewhat the applicant will be doing for theagency and how that student’s interestsdovetail with the work to be performed.Please contact Leah Reed at 704/375-8624, ext. 114, or Randy Phillips at704/331-1048 if there are questionsconcerning the application process.
The application deadline is March 18,2009, at 5:00 p.m.Applications may be sent tothe Mecklenburg County BarCenter by mail (McMillanFellowship, 438 QueensRoad, Charlotte, NC 28207),by fax (704/333-6209,addressed to McMillanFellowship) or by e-mail([email protected], subjectline: McMillan Fellowship).
Save the Date forMcMillan Fund Dinner
Please note that an important source ofsupport for these fellowships is the annualMcMillan Fund Dinner. This year’s dinnerwill be held on April 14, 2009, at Byron’sSouth End and will also feature the secondannual presentation of the MCB ChambersDiversity Champion Award. We hope you’llsave the date for this very special occasion.Please see page 7 for more details.
James B. McMillan
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UpcomingYLS Activities
BY ANNE RANDALL, CHAIR,YOUNG LAWYERS SECTION
Volunteer for Ask-a-Lawyer DayThe Young Lawyers Section (YLS) of the
Mecklenburg County Bar (MCB) is preparing for theannual Ask-a-Lawyer Day, which will be held from10 a.m. to 4 p.m. on Saturday, February 21, 2009, atthe West Boulevard Public Library. The Ask-a-Lawyer program is a one-day, walk-in clinic wheremembers of the Bar can provide free legal advice tomembers of the community. If you are interested involunteering, please contact Lauren Vaughn([email protected]) or Nick Cushing([email protected]).
Help with the Big ReadPhotography Contest
The YLS and the Criminal Justice Section of theMCB are sponsoring a photography competition forhigh school and college students as part of the BigRead, a month-long event organized by theMecklenburg County Library. The book for theMecklenburg County Big Read is To Kill aMockingbird by Harper Lee, and competitors are askedto take a photograph that gives a glimpse into what itwould be like to walk around in that student’s shoes.The YLS and the Criminal Justice Section will voteon winners for each grade level (ninth, tenth,eleventh, twelfth, and college undergraduate) and anultimate winner for the County on February 26,2009, at the YLS Winter Social. If you would like tohelp with the competition, please contact AnneRandall ([email protected]) or Chip Howes([email protected]).
Join Us at the YLS Winter SocialThe Winter Social will be on February 25, 2009,
from 7:00 to 9:00 p.m. at Chima BrazilianSteakhouse (139 S. Tryon Street). Additional detailsare available www.meckbar.org and the MCB YLSFacebook page.
MCBNews.2-09v6:MCBNews 1/29/09 9:34 AM Page 3
4 www.meckbar.org February 2009
New Coordinator Hired; More Volunteers NeededBY LARRY GWALTNEY AND SEAN PERRIN,
CO-CHAIRS, VOLUNTEER LAWYERPROGRAM COMMITTEE
The Volunteer Lawyer Program (VLP) Committeewould like to welcome Mary Jordan Mullinax, theMecklenburg County Bar’s new VLP and LawyerReferral Service Coordinator. Mary Jordan joins theBar following three years in Washington, D.C., withthe American Bar Association (ABA). At the ABA,she worked with both the Division for Public Servicesand the Section of International Law. She brings tothe position a repertoire of program development andcommittee management as well as knowledge of barassociations and their membership. Originally fromNewton, North Carolina, she is a graduate of DukeUniversity and is excited to return to her home stateand work with a familiar constituency. “I thoroughlyenjoyed serving the membership at the ABA, and I ameven more excited to work closely with the Volunteer
Lawyer Program Committee to see that its goals aremet,” she confirmed. The VLP Committee is eager touse Mary Jordan to the fullest as it continues toincrease access to legal services by developing andexpanding programs for volunteer attorneys.
One of the key programs implemented by theMecklenburg County Bar (MCB) VLP is the ProBono for Nonprofits initiative that strives to matchattorneys with nonprofit organizations that are eitherin the beginning stages of development or are alreadyestablished but have legal matters that need addressing.The attorneys, working on a pro bono basis, serve thenonprofits’ legal needs, whether it be filing their501(c)(3) status or helping with issues arising aftermany years of incorporation. Mary Jordan will alsosolicit volunteers for the Wills & Estates program andthe SelfServe Center while ensuring the MCB VLPcontinues to support its core community partners:Legal Aid of North Carolina, Legal Services ofSouthern Piedmont, and the Council for Children’s
Rights. TheMCBVLP’s database of interested attorneysis extensive. Mary Jordan’s goal will be to ensure alllawyers listed remain interested in serving as possiblevolunteers by contacting each individually. Moreimportantly, Mary Jordan will also implement a newrecruitment focus. “While updating our currentvolunteer database, I hope to reach out to thosealready on our list and encourage them to discuss theVLP program with their colleagues in hopes ofgarnering even more support,” she says. “In theseeconomic times, lawyers can serve many roles includingensuring that the needs of those organizations thathelp the public are met.” If you are interested indiscussing the opportunities with the MCB VolunteerLawyer Program, please do not hesitate to get intouch with her or one of the Committee Co-Chairs.Mary Jordan can be reached at 704/375-8624, ext.115, and VLP Committee Co-Chairs Larry Gwaltneyand Sean Perrin can be reached at 704/331-1000 and704/331-4900 respectively.
BY TANISHA JOHNSON,CO–VICE CHAIR,
JOHN S. LEARY BAR ASSOCIATION
The John S. Leary Bar Associationfor African-American Attorneys wouldlike to thank its outgoing leadership andsupporters for their work during the 2008year. 2008 proved to be a productive yearwith Leary continuing some of its oldtraditions and creating new ones.
On January 7, 2009, Leary elected itsnew executive board. The members are:Co-Chairs T. Michael Todd and LareenaJ. Phillips, Co–Vice Chairs EricMontgomery and Tanisha Johnson, Secretary ValissiaAllen, Treasurer Mike Navarro, and ParliamentarianDonald Cureton. The 2009 executive board is a mixof old and new leadership, with three of its leadersholding prior offices (T. Michael Todd former Chair,Eric Montgomery former Co-Chair and Treasurer,and Mike Navarro former Treasurer).
Goals for the 2009 year include increasingmembership and strengthening ties with otherminority professionals. Leary also seeks to continueits commitment to the community with outreachprograms that will target some of the most relevantand pressing issues facing the legal community and
the community at large. In carrying on with oldtraditions, Leary plans to hold speaker forums inhopes of creating opportunities to discuss topics withour community leaders, political leaders, and judges.Leary also looks forward to continuing its relationshipwith the Mecklenburg County Bar by hopefullypartnering with and supporting various MCBprograms and initiatives in the coming year.
In addition to holding on to annual traditionssuch as the Law Day Program, Holiday Party, andFish Fry for new admittees, Leary plans onreinvigorating its mentorship program by pairing anew lawyer with a more experienced lawyer. Learywould also like to begin working on a bar passage
program for students preparing for theNorth Carolina State Bar exam as well asexpand its fundraising efforts to establisha scholarship for high school or collegestudents.
While keeping sight of the goals andpurposes of the organization as imaginedby John Sinclair Leary, in 2009, Leary Barwill restructure and strengthen itspresence in the community, itsrelationships with its members, and itsrelationship with the Bar as a whole. Welook forward to an exciting andproductive new year.
Leary Bar 2009
(From left to right) 2009 Leary Bar Co-Chairs Phillips and Todd along withCo–Vice Chairs Johnson and Montgomery
Charlotte, NC(704) 573-3919
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EDITORIAL POLICY
The Mecklenburg Bar News accepts editorial andadvertising material of general legal interest to thepracticing Bar of the 26th Judicial District. Theimplicit purposes of the newsletter, website, andrelated methods of communication are to educatemembers of the Mecklenburg County Bar and tocreate and maintain shared communication with itsmembers. The Communications Committee reservesthe right to accept, reject, or edit all material.
DISCLAIMER Efforts will be made to provideinformation of interest that is timely, accurate, andrelevant to the legal community. The MecklenburgCounty Bar is not responsible for misprints,typographical errors, or misinformation in TheMecklenburg Bar News. The views and opinions arenot necessarily those of the 26th Judicial District Bar.
Communications Committee: Tricia Derr,Chair, Judge Bob Johnston, Mike Daisley, AlanEdmonds, Will Esser, Jon Goldberg, Allison Karp,Charles Keller, John Lassiter, Phillip Lewis, ValerieMunei, Nancy Roberson, Michael Shor, Russ Traw
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February 2009 www.meckbar.org 5
BY CHRIS OSBORN, CHAIR,LAWYERLIFE RESOURCE COMMITTEE
In honor of Valentine’s Day, the LawyerLifeResource Committee would like to take a momentto address a source of great hope and joy, as wellas considerable struggle and disappointment, inthe lives of busy lawyers: romantic relationships.The practice of law can be stressful at times, andstress in one area of life tends to bleed over intoother areas of life. Our Valentine’s Day gift to youis, therefore, a point or two to ponder towards theend of greater peace and enjoyment ofrelationships with those we love.
“You have got to not argue!”“What?” Rick replied.Rick’s counselor, John, repeated the sentence—
slowly for emphasis to Rick’s incredulous ears. “You havegot to not argue!”
Clearly there was a disconnect here, thought Rick, a32-year-old attorney. “Does this guy not know what I dofor a living?”
Rick and his wife had been meeting with John for awhile now, and it seemed like John was trying to addresssomething fundamental in their marriage. Still, everyneuron in Rick’s brain flamed at John’s words.
In truth, this was not the first time John had givenRick counsel of this nature; hence his chagrin and the noteof urgency in his voice. Rick and Stephanie had startedcounseling to seek help in coping with a number of familychallenges: an unexpected job loss, their parents’ graveillnesses, the stresses of raising young children. Butsomewhere along the way, the topic had turned to therelational dynamics between them. They had begundelving into how they communicated, and why whatperhaps should have been reasonable disagreementsbetween two rational adults frequently devolved intoshouting matches and even expressions of physicalaggression. In the worst of times, if a door wasn’tslammed, then a glass was shattered or a picture framewas hurled across the room. They had both been raised as“good kids,” and by all outward appearances they werethe picture of calm, cool, and collected. But behind closeddoors they were capable of a level of causticity andderision that left them both embittered and ashamed.Finally, they had begun to want to know how they got tosuch desperate places together and how to avoid them if atall possible.
“Okay, so how do I do that?” Rick finally asked. Ashe understood it, the way to get what you want—be itfrom a judge, a client, or a witness—was withwords. State your case in three bullet points, right? Heremembered the old “IRAC” method: identify the issue,cite the governing rule, apply it to the present fact pattern,and draw the appropriate conclusion. It’s basic first-yearlegal writing. And if your opponent has acounterargument, well, there are plenty of ways to dealwith that: Find the fallacy in their reasoning—maybe ahidden premise or an unwarranted logical leap. Or maybethe other person is not “comparing apples to apples,” i.e.,the case law she is citing is not “on all fours” with thecurrent scenario.
Yet John was telling Rick that continuing to arguewith his wife would actually be the death of his marriage.“Hmm,” said Rick, “I thought being a good communicatorwas a good thing. After all, don’t most misunderstandingscome from a lack of clarity? And how will I ever get herto listen to me? I don’t know about all this…”
Does Rick’s story strike a chord with you? Hasyour spouse ever accused you of being too
argumentative? Of being defensive? Or not listening towhat she is saying? Would your husband say that youoverwhelm him with an endless barrage of words andemotions that is often too much for him to handle?
Relational conflict is, of course, not exclusive toattorneys. But it may be that we lawyers have aspecial challenge in using the correct parts of ourbrain to help navigate matters of the heart. Most ofus were wired for analytical thinking and argumentwell before law school; indeed, admission to lawschool is a good indicator that one has well-honedskills of communication. And legal training isdesigned to enhance those skills even further. As 1Ls,we are instructed to “think like lawyers.” Hours arespent pouring over the opinions of Justices Marshall,Hand, Brandeis, and Holmes—the cream of the cropof analytical reasoning. Daily, one does battle withsharp minds on the faculty and among fellowstudents. And in practice, whether in the office orthe courtroom, argument is our very stock-in-trade.
But matters of the heart seem to work a bitdifferently. The same communications skills andtechniques that work so well in law practicefrequently seem to complicate our interpersonalrelationships. When two people are each clamoringto be heard, employing whatever rhetorical devicesand verbal maneuvers come to mind in an effort towin the point, oftentimes neither ends up listening tothe other, and thus neither ends up feeling heard orcared for. Even once one partner or the other finally
surrenders, or the battle subsides due to mutualexhaustion, there has already been considerabledamage done to trust and safety in the relationship.
Now one might think at this point, “OK, simpleenough. Argue at your office or in the courtroom, butnot with your wife. Point taken, lesson learned, moveon.” But often it is a bit more complicated than that.For one thing, sometimes we have shifted to“argument mode” in communicating with our partnerbefore we even know it. For another, the underlyingdefensive nature that defaults so quickly to “argumentmode” runs very deep in our psyches.
In future installments, this column will look atways that our interpersonal relationships (romanticand otherwise) can be improved as we learn to payattention to our methods of communication andadopt different principles that can help build up andencourage others, rather than staying mired in alinguistic battle for advantage.
For a beginning this month, in honor ofValentine’s Day, try to take note of when, if ever,your conversations with your significant other beginfeeling more like a motions argument than a heart-to-heart dialogue. And, if you are really brave (andwilling to take the answer seriously), ask your spouseor partner for feedback on how you communicatewith them in a disagreement. You might be surprisedat how much relational capital is gained just by youasking the question.
How to Stop Litigating Ourselves Out of GoodRelationships
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Time Management Aidfor Legal Staff
Due to come out shortly, the 2008–09 MCB Annual Membership Directorycan save you and your legal staff valuable research time:
The Mecklenburg County Bar Membership Directory is a must-have resource for alllegal support staff! No other legal publication provides a more user-friendly and valuablereference tool than our MCB Directory. It is so much more than an attorney phonedirectory—it provides instant access to contact numbers, addresses, and e-mails for County, State, and FederalAgencies as well as a detailed floor-by-floor map of our County Courthouse. The MCB Directory enables me, as alegal support staff, to provide quick, accurate, and detailed information to my attorneys and is a great time-savingresource tool in my work day. —Carla Brafford, CLA, NCCP
Womble Carlyle Sandridge & Rice, PLLCHelp your staff keep efficient by ordering this essential resource for your paralegals and support staff
today! Please go to www.meckbar.org and click on the “Local Legal Essential” link under Announcementsto order.
MCBNews.2-09v6:MCBNews 1/29/09 9:34 AM Page 5
6 www.meckbar.org February 2009
M a j o r ,
Lindsey
A f r i c a®
&
A t t o r n e y S e a r c hC o n s u l t a n t s
Community Outreach Helps Fund Partner Schools
Lawyers Exchange Seasons’ Greetings at Bar Party
Community Outreach Committee Co-Chair Jon Adams (left) along withYoung Lawyers Section Chair Anne Randall (right) presented a $500 checkfrom Alston & Bird LLP to Community Charter School Principal KristiDahlstrom (middle). Alston & Bird provided the funds for much-neededbooks. Thanks to Ms. Randall and her colleagues!
Teachers at Devonshire Elementary School were treated to a breakfast ofbagels and biscuits on December 17th. The Community OutreachCommittee is thankful to Hamilton Moon Stephens Steele & Martin, PLLC,Maria Blue Minsker, and the Queens College Paralegal Program whosponsored the appreciation breakfast.
[Left] Sally Bowman(standing), AndrewBowman (far left),Courtney Hamer(middle left), MorganMartyn (middle right),and Carrie Mansfield(far right) enjoy thefestivities at the 2008Holiday Party
[Right] Murph Archibald(right) impressed hisguest Deb Thompson(left) and otherattendees with hisseasonable attire
Great Boat Needs New HomeChapel Hill lawyer looking toward retirement in the desert Southwest selling boat with both speed and creature comforts, including
Bimini top, custom leather, air conditioning: 38’ Fountain SC, twin 750 Mercruiser efi’s. Custom Myko trailer included.See specs and service details, detailed photos at agent’s website: www.yachtworld.com/bluewaterbrokers/.
Click on “Boats for Sale” and scroll to “38’ Fountain SC” to view 40 photos and call Michael direct at 910/200-7188or toll-free 866/649-6841 and make an offer!
BY JOHN C. NIPP, CO-CHAIR, SOCIAL SPORTS COMMITTEE
Approximately 140 attorneys and their guests turned out for the 2008Mecklenburg County Bar Holiday Party on December 10 at Byron’s South End.Bar President John Lassiter kicked off the evening by extending well wishes to allmembers of the Bar. The Bar extends its appreciation to the following sponsors formaking this annual tradition possible: at the Donor level, IVIZE, a litigation
support services company (www.ivize.net); at the Contributor level, Brock & Scott,PLLC, Charlotte School of Law, McGuireWoods, LLP, and Womble CarlyleSandridge & Rice, PLLC; and at the Supporter level, Vaudra, Ltd., a privateinvestigation firm (www.vaudra.com). Arthur’s Wine Shop and Dick’s SportingGoods graciously provided door prizes. Exact Document Solutions provided thesignage for the event.
MCBNews.2-09v6:MCBNews 1/29/09 9:34 AM Page 6
February 2009 www.meckbar.org 7
Upcoming Bar Gatherings
Tuesday, April 14, 2009
2009 McMillan Fund DinnerPlease support our McMillan Fellows working at government and nonprofit agencies this coming summer
and celebrate the Bar’s newest Julius L. Chambers Diversity Champion Award recipient at the McMillan FundDinner on April 14, 2009, at 6:00 p.m. at Byron’s South End, 101 W. Worthington Ave. The cost is$125/person ($65 of which is tax-deductible) or $300 for a two-person sponsorship ($180 of which is tax-deductible). This year’s keynote speaker is University of North Carolina School of Law Dean Jack Boger. Toregister, please go to www.meckbar.org for an invitation/registration form (please remember to indicate yourmeal choice[s]). The registration deadline is April 7. Please contact Leah at [email protected] or704/375-8624, ext. 114, if you would like more information about this event.
Thursday, April 30, 2009
Save the Date forSpring 2009 Swearing InWhen: April 30, 2:45 p.m. for new attorney registration; 4:00 p.m. for the ceremony; reception following.Where: The Marriott City Center, 100 W. Trade St.Attire: Business formal.Questions: Please contact Amy at [email protected] or 704/375-8624, ext. 124.
MCB Luncheon Series Registration Form(Cost is $10 per person)
Name___________________________________________________________________________________
Firm name_______________________________________________________________________________
E-mail __________________________________________________________________________________
Phone _____________________________________Fax__________________________________________
I’m enclosing a check payable toMecklenburg County Bar TOTALING: _____________
For the 3/12/08 luncheon, please mail your registrationform and check before 3/6/09 to MCB Luncheon Series,
438 Queens Road, Charlotte, North Carolina 28207
me through this method. I am amazed by how manypeople are on Facebook, especially how manyattorneys have a presence there. People are addictedto it.”
The Mecklenburg County Bar has usedFacebook’s privacy settings to ensure that onlyattorneys and law students can gain access to itsFacebook page. The Facebook page for the Bar’sYoung Lawyers Section recently had 57 members.The page includes news about upcoming Barprograms and photographs from recent Bar events.Only the Bar itself is authorized to post materials onthe site. The Young Lawyers Section is currently theonly MCB section with a Facebook page, but theeffort may expand to other sections in the comingmonths.
The North Carolina Bar Association also hasestablished an outpost on Facebook, with a recenttally of 139 members.
Rules of EngagementErik Mazzone, Director of the North Carolina
Bar Association’s Center of Practice Management,advises North Carolina law firms on marketingefforts, including the use of social networking sitessuch as Facebook. Mazzone offers the followingadvice for firms interested in pursuing a Facebookpresence:• First, determine if establishing a presence on
Facebook (or any other social networking site) isconsistent with the firm’s overall brand, image,and marketing message.
• Second, use social networking to build anauthentic community of people interested inyour firm by posting relevant articles and otheruseful information. Treating it just as anadvertising channel typically yields disappointingresults.
• Third, authenticity and transparency are thecurrency for business development on theinternet. Be real and be honest.
For individual lawyers who maintain their ownFacebook page, Mazzone offers a final piece of advice:“It’s OK to post pictures, and it’s OK to doembarrassing things. But it’s not OK to post picturesof yourself doing embarrassing things. Things thatseemed funny in law school may cost you a jobopportunity in law practice.”
Failure to adhere to this final piece of advice hasled to numerous professional ramifications across thecountry, including the recent dismissal of severalCharlotte-Mecklenburg school teachers who postedinappropriate content on their Facebook pages.
“Don’t post pictures of yourself doing kegstands,” Mazzone said. “Basically, if it would makeyour mom cringe, don’t post it.”
UR BFF continued from cover
Class A OfficeSpace for Lease
Morehead Corporate Plaza,1043 East Morehead Street,
Suite 112. 1,025RSF.Convenient to Courthouse.
Three offices, reception area,copy/file room & storage room.
On-site parking, full-service lease,available now.
For information contactChris E. Moffat,
Morehead Properties, Inc.,at 704/342-1352 or
Saturday, February 21, 2009
Diversity Day ConferenceLocation Moved
The annual Increasing Diversity in the Legal Profession Conference to engage minority high school andcollege students in a discussion about the legal profession and law-related careers will now be held at St. Luke’sLutheran Church, 3200 Park Road (at Marsh Road) on Saturday, February 21, 2009, from 10:30 a.m.–2:30p.m. Students will hear about the role individuals with legal training play in everyday society; meet withattorneys, judges, law school admissions officers, and law students; and have an opportunity to share their viewsof the law and lawyers. Lunch will be provided to all registered attendees. If you are interested in showing yoursupport or know of a student who might be interested in participating in this free event, please contactStephanie Marella at [email protected] or 704/375-8624, ext.127.
Late February/Early March 2009
MCB Basketball SeasonThe Mecklenburg County Bar Basketball League will begin its 2009 season in late February/early March
2009. Games will be played at the Harris YMCA. If you’re interested in participating, please contact MattArnold at [email protected] or Nick Allmon at [email protected] as soon as possible!
Thursday, March 12, 2009
MCB Luncheon SeriesPlease help the Mecklenburg County Bar Luncheon Series Committee in welcoming Dr. Peter Gorman at
the March Luncheon Series. Keep an eye on our website and your weekly Bar Blast for our upcoming speakers.See you at our next luncheon on March 12! To register, please use the form below or go to www.meckbar.org.
Schedule for 2009Date Speaker Registration DeadlineMarch 12, 2009 CMS Superintendent Peter Gorman March 6, 2009April 9, 2009 TBA April 3, 2009June 11, 2009 TBA June 5, 2009
For more information, please contact Leah Reed ([email protected] or 704/375-8624, ext. 114).
MCBNews.2-09v6:MCBNews 1/30/09 8:36 AM Page 7
February
2009
www.meckbar.org
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February
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Volume35
No.8
DATEDMATERIAL
InThisIssu
eURBFF....................................................................cover
Fromthe
President.........................................................1
MCBHistory
Book
Project............................................1
MCBBoard
Nom
inatingCom
mittee
Notice...............1
CLE
Courses...................................................................2
Award
Nom
inationsSought..........................................3
Upcom
ingYLS
Activities..............................................3
McM
illanFellow
shipApplications...............................3
New
VLP
Coordinator;M
oreVolunteersN
eeded.......4
LearyBarU
pdate............................................................4
Lawyersin
Love..............................................................5
Com
munity
Outreach
Com
mittee
Update
..................6
Holiday
PartyRecap.......................................................6
Upcom
ingBarEvents....................................................7
URBFF—YourBette
rFirm
Footprint
ontheWeb
BYJONGOLD
BERG
The
socialnetworking
website
Facebookhasm
orethan
150million
activeusersw
orldwide—
includingan
increasingnum
berofbarassociationsandlaw
firmseagerto
tapinto
Facebook’sever-expandingmembership
base.The
Mecklenburg
County
Bar(MCB),forone,established
aFacebook
pageforitsYoung
LawyersSection
inNovem
berinan
efforttobetterreach
itsyoungermembers.“Ifyou
don’tprovide
thattypeofcom
munication,”
saidNancy
Roberson,
MCBexecutive
director,“youquickly
becomeadinosaur.”
Facebookwasfounded
byHarvard
studentsin2004
asameansforstudentsthere
tointeractively
communicate
onlinewith
oneanother.T
hewebsite
quicklyspread
toothercolleges,
universities,andhigh
schools,andin2006
wasopened
toanyone
with
avalid
e-mailaccount.M
ySpace,Twitter,and
LinkedInare
otherpopularsocialnetworking
sites.Facebook
allowsindividualusersto
postinformation,
photos,videos,andupdateson
theirlives,among
otherthings,forfree.U
serswho
areacquainted
with
oneanothercan
“friend”one
anotheronFacebook,allow
ingthem
toexchange
messagesand
sharepersonalinform
ation.Com
paniesandorganizationscan
alsocreate
Facebookpages;custom
ers,employees,and
otheruserswho
areinterested
inthem
canbecom
e“fans”
andgain
accesstoinform
ationand
updatesprovided
bythose
organizations.
SocialM
ediaMarketing
Although
youngadults(age
18–24)stillreportedly
comprise
abouthalfofFacebook’smembers,olderprofessionals
areincreasingly
loggingon
toFacebook.T
hustheappealto
barassociationsand
lawfirm
s.One
Charlotte
lawfirm
,forexample,created
aFacebook
pagethatappearsto
begeared
primarily
tosupportitsrecruiting
program.The
firm’sFacebook
pagerecently
had73
“fans.”Postsinclude
pressreleaseshighlightingvariousfirm
successes,arecruiting
video,picturesofatrip
tothe
U.S.N
ationalWhitew
aterCenter,and
information
aboutfirmvisitsto
variouslawschools.
The
Charlotte-based
ShankleLaw
Firmcreated
itsFacebook
pageinFebruary
afteraparalegalpersuaded
attorneyMaggie
Shankletogive
itatry.Shankle
believedthathaving
aFacebook
pagewould
improve
herfirm’sfootprinton
theinternetgenerally
andwould
leadtomore
prospectiveclients
reachinghervia
variousinternetsearchenginessuch
asGoogle.“From
abusinessperspective,it’sjusta
littlemore
exposureon
theweb,”
saidShankle,w
hosefirm
alsomaintainsa
pageon
MySpace,anotherpopularsocialnetw
orkingsite.“Several
clientshavefound
meon
Facebookand
addedthe
firmasa
friend.Also,variousotherbusinessprofessionalshave
locatedcontinued
onpage
7
TheMCBYLS
page
onFaceb
ook.com
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