mecklenburg bar news - 7/09

July 2009

Volume 36 No. 1

July 2009 www.meckbar.org 1

From the President

Duty, Honor and Joy in theProfession ofLaw

Recently, I had theprivilege of addressing thegraduating class of theBar Leadership Institute(BLI) on the topic of“Leadership Opportunitiesin the Mecklenburg

County Bar (MCB).” Our discussion soon turnedto more basic questions: Why should I beactively engaged in the Bar? How is the MCBrelevant to me as an attorney juggling competingprofessional, personal and family obligations?

I would not be surprised if many of us haveasked ourselves the same questions at some pointor another. The answer to these questions becamemore evident when I reflected upon the purposesof the Bar as outlined in the Mission Statementand Goals: to serve the public and members ofthe Bar; to promote the highest standards ofprofessionalism, competence and ethical behavior;to promote the administration of justice; toassure access to legal services to all regardless ofsocial, ethnic or economic status; to promotepublic education in the community on legalissues, the Bar and the legal system; and to provideMCB members with continuing education.

These goals, to all who have plunged intoactive participation in the Bar are well aware, arenot mere platitudes. Every day, the Bar’sdedicated staff and attorneys, including morethan 40 committees and sections, work tirelesslyand with little fanfare to make these goals areality. Here are just a few examples:

The Professionalism, LawyerLife, and CultureCommittee serves MCB members by providingsupport services and programs to attorneys whohave lost jobs or are suffering from the effects ofthe down economy. The Bar Leadership Instituteinspires participants to pursue leadership oppor-tunities to improve the legal profession and thequality of life in our community. The VolunteerLawyers Program and the Lawyer Referral Serviceassure access to justice to those who may nototherwise have access. The CLE Committeeprovides quality, affordable and convenientcontinuing education opportunities to members.Law Day and Law & Society promote publicawareness of legal issues and of our legal system.

In performing these and many otherfunctions, the Bar ensures that each of us fulfillsour solemn oath to our profession and to ourcommunity—what Justice Oliver WendellHolmes Jr. calls the “ideal part” of the law, thepursuit of “intellectual and spiritual interests,without which we are but snails or tigers.” Asmembers of the legal profession, we are not merelycalled to zealously represent our clients – we aresworn officers of the court. We are public citizenshaving a special responsibility for the quality of

Patrick E. Kelly, MCB President

continued on page 6continued on page 9

Annual Meeting Report

BY MATTHEW R. ARNOLD, CO-CHAIR, SOCIAL & SPORTS COMMITTEE

On Thursday, May 21, 2009 the MecklenburgCounty Bar (MCB) returned to the beautiful lawn ofFirst Presbyterian Church in Uptown Charlotte forits 97th Annual Meeting. With the buzz of SpeedStreet in the air, the more than 450 MCB attendingmembers enjoyed the traditional luncheon ofBubba’s BBQ, sweet iced tea and chocolate chipcookies on one of the warmer days of a mild springin the Queen City.

Outgoing MCB President, John W. Lassiter ledthe MCB members in a moment of silence to honorthe following barristers who passed during the 2008-2009 fiscal year: John T. Allred Sr., William F.Barnes, B. Irvin Boyle, James N. Brennan IV, GeorgeC. Covington, Kenneth R. Downs Sr., Philip E.

Above: MCB Secretary, John R. Wester; MCB Executive Director, Nancy M. Roberson; MCB President, John W. Lassiter; incoming MCBPresident, Patrick E. Kelly; The Honorable AlbertDiaz; MCB Past President, Robert C. Stephens;and MCB Treasurer, Maria Blue Minsker.

Right: Incoming MCB President, Patrick E. Kellyis sworn in by The Honorable Albert Diaz.

Gerdes, Larry Ray Green, Robin L. Hinson, KathleenG. Lee-Stevens, Marshall McCallum Jr., Susan IvyMcCrory, Thomas C. Ruff, Joseph C. Travis, Alfred F.Welling Jr., and Henry H. Wilson III.

Volunteer Lawyers Program Co-Chair, LarryGwaltney presented Pro Bono Awards to law firmsand attorneys who generously served our communityby donating their limited time and considerabletalents to those who could not afford legal services.To read about those award-winning attorneys andtheir pro bono endeavors, please turn to page 5 ofthis edition of The Mecklenburg Bar News.

MCB Past President and Chair of the Nominating

continued on page 6

by Robert P. Johnston

Wester to Lead Bar Association for 2009-2010John R. Wester accepted the presidency of the North Carolina Bar Association on

June 27 at the organization’s annual meeting in Asheville. He is the group’s 115thpresident and will serve for the next year.

A Whiteville native who grew up in Rockingham, Wester attended the Universityof North Carolina at Chapel Hill on a Morehead Scholarship. He received his J.D.degree from Duke University, where he was Note and Comment Editor of the DukeLaw Journal. He was Order of the Coif.

A member of Robinson Bradshaw & Hinson, Wester is on the Board of Visitorsfor both the University of North Carolina and for the Duke University School of Law.

Ten Years of Service CompletedWard A. McKeithen and Henry N. Pharr II recently

completed ten years as co-chairs of the Bar’s MemorialsCommittee, coordinating Court presentations in memory ofdeceased members of the Bar.

“Typically these take place 4-6 months after the death, sothey are not like a funeral or an obituary. They have ananecdotal quality,” according to McKeithen. ”I think it’s a fineBar tradition that enables us to fondly remember lawyers whohave lived and served well. I wish more young lawyers wouldtake advantage of the opportunity to attend and learn morefrom those who have gone before.”

John R. Wester

Henry N. Pharr IIWard A. McKeithen

MCBNews:MCBNews 6/24/09 11:24 AM

Ethics and Professionalism with Jim Blackburn (video)CLE Credit: 2.0 Ethics and 1.0 Mental

Health/Substance Abuse hoursDate: Wednesday, July 15, 2009Time: Registration 8:45 a.m.

Program 9:00 a.m. – 12:00 p.m.Location: TBD (MCB Center or

Hudson Legal, 129 West Trade)Fees: $110 attorney rate;

$55 paralegal rateLaw License Risk Management: Attorney Discipline in an EconomicDownturnCLE Credit: 1.0 Ethics hour Date: Friday, July 17, 2009Time: Registration 12:00 p.m.

Program 1:00 p.m. – 2:00 p.m.Location: Charlotte School of LawFees: $30 MCB Silent Partner rate;

$60 Not a member of MCBSilent Partner program

Asset Planning and ProtectionCLE Credit: 1.0 General hourDate: Tuesday, July 21, 2009Time: Registration 12:00 p.m.

Program 12:30 p.m. – 1:30 p.m.Location: MCB CenterFees: $75 attorney rate;

$35 paralegal rateThe Medicare, Medicaid and SCHIPExtension Act of 2007 and MSAsCLE Credit: 3.0 General hoursDates: Wednesday, August 5, 2009Time: Registration 8:30 a.m.

Program 9:00 a.m. – 12:15 p.m.Location: MCB CenterFees: $150 attorney rate;

$75 paralegal rate

Who Moved My Job? Guidelines for Job-Loss Grief Recoveryfor the Legal CommunityCLE Credit: 3.0 Mental Health hours each

seminarDates: Tuesday, August 18 and

Wednesday, August 19, 2009Time: Registration 15 minutes prior to

program Program Seminar I (8/18/09) 8:45 a.m. – 11:45 a.m.; Seminar II (8/18/09) 1:15 p.m. – 4:15 p.m.; Seminar III (8/19/09) 8:45 a.m. – 11:45 a.m.

Location: MCB CenterFees: $110 attorney rate per seminar

or $275 for all three; $55 paralegal rate per seminaror $120 for all three

Why Using ADR For Resolving DisputesCan Be Your Best OptionCLE Credit: 2.5 General and 0.5 Ethics

hoursDates: Wednesday, September 9, 2009Time: Registration 8:30 a.m.


$90 paralegal rateResidential and Commercial Landlord-Tenant Law 2009 –Practical & EthicalConcernsCLE Credit: 3.0 General and

1.0 Ethics hoursDates: Wednesday, September 16,

2009Time: Registration 8:30 a.m.


$49 pro bono attorney rate; $25LANC/LSSP rate

Left: The Mecklenburg County Bar and theCharlotte Women’s Bar partnered to presentthe CLE Women Lawyer’s 2009 Retention,Advancement, Equity and Satisfaction.Panelists Marlon Nesbeth, Abbie Baynes, andValecia McDowell provide tips and techniqueson how to successfully negotiate and achievepay equity in the workplace.

Consider the MCB CLE AdvantageYour Bar offers high-quality, incrediblyconvenient, and cost-effective continuinglegal education programs right here inMecklenburg County. The feedback on ouraccreditation and evaluation formsconsistently rates our training as excellent.We offer live and prerecorded CLEs here atthe Bar Center, other local sites, and even atyour own office, as well as online programsright at your desk 24/7. Our programs arecompetitively priced–with rarely anyadditional long-distance travel expenses.And our customer service is friendly,competent, and knowledgeable. Supportyour local Bar by getting your CLE creditsthrough the courses listed.

In-House Video Replays

You can bring CLE video replays to your firmby contacting Lisa Armanini [email protected] or CLE AssistantSally Kenney at [email protected]. Atleast three attorneys must view the course,and Lisa or Sally need at least 30 daysnotice. Video replay hours do not counttowards the four-hour online allotment.

Video replay dates at the Bar Centerfrom 9:00 a.m. to 1:00 p.m. onWednesday, October 21, 2009;Wednesday, November 18, 2009 andWednesday, December 16, 2009

Online Programs

Online CLE Programs are available ondemand, 24 hours a day atwww.meckbar.org. The N.C. State Barallows up to four hours of online coursesannually–video and live programs do notcount towards that total. MCB endorsesonly Education Over the Net as our onlinehosting service. Customer service line800/590-6867.

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

Live Programs

2 www.meckbar.org July 2009



Patrons Fund 2009

Why Do You Support The Mecklenburg Bar Foundation?

Patron ($2,500-$4,999)

Peter J. CovingtonHon. Robert P. Johnston

Barrister ($1,000-$2,499)

Bob and Sandra BisanarFrancis J. BlanchfieldA. Todd BrownJames R. BryantMark T. CallowayWilliam K. DiehlDouglas R. EdwardsPeter S. GilchristKatherine S. HollidayH. Bryan IvesPatrick E. KellyJohn W. LassiterDeWitt F. McCarleyAlice K. MooreRandel E. PhillipsBradley PearceClaire J. Rauscher* Nancy and David Roberson

In Honor of John LassiterShapiro & Ingle, L.L.P.Raleigh A. ShoemakerRobert C. StephensJohn N. SuhrRichard M. ThigpenChristopher M. VannDavid B. Whelpley

Counselor ($300-$999)

T. Jonathan AdamsGeorge Edward BattleStephen BelenkyAretha Venyke BlakeJo Ann J. BrightonJonathan E. BuchanJohn Howard CobbEdward G. ConnetteHeather W. CulpHon. Albert DiazJill Elyse DinermanRobert C. DortchAnthony FoxxTrevor M. FullerJohn W. GreshamHenry A. Harkey

Robert E. HarringtonH. Parks HelmsEdward T. HinsonMichael A. HudsonDouglas M. JarrellJohn and Meredith JeffriesHannah H. KimHoward M. LabinerMary K. MandevilleSteve and Patti Mayo* George J. MillerEric MontgomeryJohn C. NippHon. Sarah E. ParkerBailey Patrick Jr.Charles H. RabonRay Owens & Sara HigginsS. Mujeeb Shah-KhanClaire & Edward ShapackNina ShorJen and Bob SimmonsRichard E. ThigpenAnne M. TompkinsBrent A. TorstrickHenry B. WardJohn R. Wester

Contributor ($1-$299)

Karen J. AdamsMartha G. BarberRebecca S. ChaffinRobert K. CorbettMarion CowellJeff A. DavisTricia Morvan DerrRobert T. DuffyDouglas W. EyGregory H. GachEugene Steven Griggs and Julie Zydron GriggsToni K. Grove

In Memory of Hon. Brent McKnightWilliam F. HamelHon. Tyyawdi M. HandsHon. Jane V. Harper

In Memory of Larry KingAmy Purwin HuntCyrus M. JohnsonWilliam B. KirkJonathan C. Krisko

Anthony T. LathropLina James & Steve MeierE. Lynwood MallardDaniel Adam MerlinMaria Blue MinskerRajsekhar NatarajanRoss Howard ParrFrancis M. PinckneyEddie Poe

In Honor of William E. Poe, Sr.Anne J. RandallLaVenettra Walls ReavesAnna F. SchleunesBenjamin Freedman SidburyLee A. SpinksJohn L. SullivanJames M. Talley Jr.Kelly S. Thomas* C. Sydnor ThompsonScott M. TylerNicholas Peter ValaorasJerry H. WaltersSamuel S. Williams

*Thank you to our Matching OrganizationsBank of AmericaWachovia

BY RICHARD M. THIGPEN, CHAIR, MBF PLANNING &

DEVELOPMENT COMMITTEE

During these difficulteconomic times, I imaginethat most of us will receiverequests for donations from anumber of worthwhilecharitable organizations.Some of us will inherentlygive of our treasures farbeyond the call of duty, whileothers will need to considervery carefully their charitable

options, prompting the question for our MecklenburgCounty Bar (MCB) members—why do I support theMecklenburg Bar Foundation (MBF)?

Claire J. Rauscher, executive director of theFederal Defenders of Western North Carolina andMBF president, writes, “By funding suchorganizations as Legal Services of SouthernPiedmont, Larry King’s Clubhouse, and theInternational House, the MBF addresses the needs of

those less fortunate seeking legal-related assistance.I’m also particularly proud of the MBF’s support ofthe MCB to deliver services to our members as theyface the economic hardships of the current recessionin Mecklenburg County this year.”

Daniel A. Merlin of Johnston, Allison & Hordwrites, “I support the MBF because it is the onlyorganization of its kind in this area. The MBF is trulyunique in that it is an organization run by attorneysfor attorneys and other critical legal-related projectsthat may not otherwise receive funding. As amember of the MCB, I consider it a duty and anhonor to dedicate, not only my money, but also mytime to supporting the MBF.”

Julie Z. Griggs of Robinson, Bradshaw & Hinsonand her husband Gene Griggs of Poyner & Spruilwrite, “We really appreciate the MBF’s efforts tosupport legal programs impacting at-risk children inMecklenburg County.”

There are a number of reasons to support theMBF this year, including the opportunity to berecognized for participating in a collective effort bythe legal community. I’m happy to report that 100%of the MCB and MBF board members have

participated in the 2009 Patrons Fund Campaign,raising a collective $36,000—a 16% increase overlast year for this particular group. In addition, most ofour major contributors (gifts of a $1000 or more)from years past have stepped up again this year.

Building on this momentum, nearly 40 firms andlegal departments across Mecklenburg County havealready begun or are in the planning stage of theirown Patrons Fund Campaign. With their help, wehope to raise a record $125,000 by July 31st.

Enclosed in this issue of The Mecklenburg BarNews is your pledge envelope. Please complete andreturn it before July 31st. If you intend to be billed,the Foundation is happy to create a billing cyclespecific to your needs. You can also mail a check toMBF Patrons Fund, Mecklenburg Bar Foundation,438 Queens Rd., Charlotte, NC 28207 or donateonline at www.meckbar.org/patronsfund.

Donate now and allow the Bar and Foundationto inspire others by recognizing your contribution inour ongoing programs and publications. For additionaldetails or to set up a Patron’s Fund Campaign at yourfirm, please contact Stephen Belenky,[email protected] or 704/375-8624.

Richard M. Thigpen

EDITORIAL POLICY

The Mecklenburg Bar News accepts editorial andadvertising material of general legal interest to thepracticing Bar of the 26th Judicial District. The implicitpurposes of the newsletter, website, and related methods ofcommunication are to educate members of theMecklenburg County Bar and to create and maintainshared communication with its members. TheCommunications Committee reserves the 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, typographicalerrors, or misinformation in The Mecklenburg Bar News.The views and opinions are not necessarily those of the26th Judicial District Bar.

Communications Committee: Tricia Derr, Chair,Judge Bob Johnston, Stephen Belenky, Mike Daisley,Alan Edmonds, Will Esser, Jon Goldberg, Allison Karp,Charles Keller, Rhea Kelley, John Lassiter, PhillipLewis, Nancy Roberson, Michael Shor, Russ Traw

As of June 16, 2009



The Mecklenburg County Bar’s VolunteerLawyer Program dedicates its July spotlight to ClarkC. Walton. Clark has recently begun working as anAssistant District Attorney in Mecklenburg Countyafter practicing banking and finance law. Beforeaccepting his role as an Assistant DA, Clark washeavily involved in two pro bono projects. We wishClark all the best in his new position! Current Employer: Several weeks ago I beganwork as an Assistant District Attorney inMecklenburg County (the 26th ProsecutorialDistrict). Prior to that, I worked as an associate forthree years at Mayer Brown LLP in Charlotte and oneyear at Nelson Mullins in Charlotte.

Area of Practice / Expertise: As an AssistantDA, I am developing expertise in criminal law. Myprimary legal experience has been in banking andfinance.

Law School / Law School Graduation Year:Georgetown University Law Center, 2005

MCB VLP: What pro bono projects interest you?

CW: There are two major pro bono projects I’veworked on during the past year. (As an Assistant DA,I cannot practice law outside of my employment,therefore I am not handling any pro bono mattersgoing forward.) I’ve been working on Wills for Heroes,a national project begun by a group of young lawyersafter the September 11 terrorist attacks, to providefree estate planning documents to first responders.

I have also worked on the List Project. My formerfirm, Mayer Brown, began participation in thisproject in the spring of 2008. We worked with Iraqi

nationals, who haveassisted the USGovernment and arenow beingthreatened or forcedto flee Iraq becauseof their work, toobtain resettlementin the United Statesto escape thosethreats. The processinvolves workingwith the client to

determine their eligibility for various StateDepartment and Homeland Security resettlementprograms, then assisting them with the paperworkand interview process from that point forward.

MCB VLP: Did you participate in any particulartraining so that you could work on these projects?

CW: Wills for Heroes –Volunteer attorneys whospecialize in estate law provide a one-hour trainingsession for our volunteer lawyers who draft the estateplanning documents. The estate law experts stayonsite to assist individual lawyers throughout the day.

The List Project –Mayer Brown provided a three-hour training for the List Project cases and aspecialized training manual.

MCB VLP: What is your hope for the future withregard to the List Project and Wills for Heroes?

As far as the List Project, the hope is that eventuallythe situation in Iraq will stabilize to the point thatmany Iraqis who have worked with the Americans

will cease to be threatened, and that thosethreatened Iraqis who have been resettled will beable to return back to their homes.

CW: For Wills for Heroes, I’d like to see the programcontinue such that an event is held somewhere inthe state at least quarterly. We’ve gotten so manyrequests from the first responder community for newevents, but only have capacity to do a certainnumber per year. Given the demand, I’m confidentthis program can continue on in North Carolina for anumber of years.

MCB VLP: How can the Mecklenburg County legalcommunity help with similar projects?

CW: The hope is that the North Carolina BarAssociation’s Young Lawyer Division will continue torun Wills for Heroes clinics in the Charlotte Metroarea. More information about the nationalorganization can be found at www.willsforheroes.org.There are also ways to assist locally with the ListProject. More information about the List Project toResettle Iraqi Allies can be found atwww.thelistproject.org.

The Mecklenburg County Bar’s VolunteerLawyer Program provides pro bono wills for qualifiedindividuals and works closely with Habitat forHumanity in ensuring their homeowners have theirestate planning needs met. If you are interested inbeing involved with this opportunity or others,contact Mary Jordan Mullinax, staff coordinator tothe Volunteer Lawyer Program Committee at704/375-8624 or [email protected].

MCB Volunteer Spotlight: Clark C. Walton

This April, the Mecklenburg County Bar (MCB)Special Committee on Diversity honored past MCBand Mecklenburg Bar Foundation president GeorgeV. Hanna III with the second annual presentation ofthe Julius L. Chambers Diversity Champion Award.The Award, which was presented to Hanna at the2009 McMillan Fellowship Fund Dinner, celebratesthose who have made a significant contribution todiversity and equal opportunity in the Charlotte-Mecklenburg legal community.

The award reflects Mr. Hanna’s “passionateadvocacy for making diversity a key focus of our Bar,”

including his pivotal role in founding the MCBSpecial Committee on Diversity, said NorfleetPruden, current Committee member and attorneywith K&L Gates. Since its creation in 2004, theCommittee has launched a number of initiatives todiversify the local legal profession, including: theCharlotte Legal Diversity Clerkship program, Lunchwith a Lawyer, the Diversity Day program forundergraduate and high school students of color, theDiversity Initiative, and the recruitment of a fulltimediversity coordinator. The Committee continues toprovide support to local minority Bars through

various partnershipsas well.

Hanna, a trialattorney with Moore& Van Allen, hasserved as a memberof the MCBVolunteer LawyersCommittee for morethan ten years. Hecontinues to serve asa member of theNorth CarolinaChief Justice’sCommission on Equal Access to Justice, and was aformer board chair for Legal Services of SouthernPiedmont and the Children’s Law Center (currentlyreferred to as the Council for Children’s Rights).Outside of his professional and communitycommitments, Hanna places a priority on spendingtime with his grandchildren.

The Award is fittingly named after its firsthonoree, the distinguished civil rights attorney JuliusL. Chambers. Mr. Chambers represented theplaintiffs in the Charlotte-Mecklenburg schooldesegregation case in which the late James B.McMillan, whose memory the McMillan Fundhonors, was the presiding judge. Since 1995, theMcMillan Fund has supported justice and innovationwithin our local legal system by awarding lawstudents summer fellowships in public agencies.These fellowships are funded in large part by theannual dinner.

Clark C. Walton

George V. Hanna III

Committee Founder Receives Diversity Award

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2009 Volunteer Lawyers Program Pro Bono Award Winners Recognized

Eight Pro Bono awards were distributed at theBar’s Annual Meeting. Mecklenburg County Barattorneys donated their time and skills to helpvictims of domestic violence, children, and theunderserved.

William K. Packard with Robinson, Bradshaw& Hinson won the Outstanding IndividualAttorney Award. Mr. Packard was nominated by hisfirm as well as the Charlotte Housing Authority forhis 150+ hours donated to CHA, Hall House,Thompson Child & Family Focus, and SharedServices for Agencies of Children and FamilyServices Center. Annabelle Suddreth, executivedirector of A Child’s Place said “Will has givenunselfishly of his time, his talents and his gifts toserve those in our community who need help themost.”

Hunton & Williams was chosen to receive theOutstanding Large Firm Award. Attorneys atHunton & Williams donated more than 3000 hours(equivalent to more than four months) withorganizations such as the Urban Ministry Center,Legal Aid of North Carolina, Legal Services ofSouthern Piedmont, Council for Children’s Rights,NC LEAP, Mecklenburg County Teen Court, andMcDowell Street Center for Family Law.

For the second year in a row, Hatcher LawGroup was presented with the Outstanding SmallFirm Award, nominated by United Family Services’Domestic Violence Victim Assistance Unit. Theyhave donated more than 350 hours working withUnited Family Services and the MecklenburgCounty Women’s Commission family law seminars.

Legal Aid of North Carolina presented itsyearly pro bono award to Thomas P. Holdernessfrom Robinson, Bradshaw & Hinson. Mr.Holderness volunteered more than 100 hours in2008, particularly in domestic violence andlandlord/tenant cases. According to his nomination,“Tommy leaves no stone unturned in an effort togive his clients the very best representation.”

Legal Services of Southern Piedmont gave theiryearly award to Richard S. Wright of James,McElroy & Diehl. His work is much appreciated onan equitable distribution dispute that required morethan 120 hours of volunteer work. Although thecase took almost a year to complete, Mr. Wrightaccepted the challenge and eventually won a cleardeed to the house and equitable distribution for theclient and his daughter.

Heidi S. Risser of Redenbaugh and Risser wasrecognized by the Council for Children’s Rights forher dedicated work as a child advocate on a caseinvolving a thirteen year old girl who relied on Ms.Risser to help her through the custody andvisitation issues that had been present for most ofher life. The child, distrustful and resistant at first,came to know of Heidi’s deep concern for her andher best interest, relying on Heidi to help herthrough the process.

The VLP’s Pro Bono for Nonprofits Programpresented Christopher J. Tucci an award for hiscontinued success as a leader of this initiative.Through his leadership, the Pro Bono forNonprofits Program continues to expand and reachnew audiences.

The Jane V. Harper Pro Bono Award waspresented to Kimberly E. Zirkle for her outstandingpro bono work with the 26th Judicial DistrictSelfServe Center. Ms. Zirkle was recognized for hermany hours spent volunteering as Attorney for theDay, in addition to her support through her firm’scommitment to the SelfServe Center.

William K. Packard

Hatcher Law Group, Greg J.Hatcher

Hunton & Williams, Robert J. Hahn, Wendy L. Spanbauer, Robert J.Grey, Jr. and Jeremy M. Deese.

Thomas P. Holderness

Heidi S. Risser Christopher J. Tucci Kimberly E. Zirkle

Richard S. Wright

Sharon StationSMALL OFFICE SPACE AVAILABLE

SHARON ROAD

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justice in the greater society. We are educators whoare expected to cultivate knowledge of the lawbeyond its mere use for our clients. We are promotersof a justice system that depends upon popularparticipation and support to maintain its authority.We are defenders of the poor, and sometimes personswho are not poor, who do not have access toadequate legal assistance.

Individually, none of us could ever hope to liveup to these daunting expectations of duty and selfsacrifice. Yet through our collective efforts, facilitatedby our professional organizations and particularlythrough our own local Bar, we are able collectively toachieve, or at least strive to achieve, the ideals of theprofession which by even our most dedicatedindividual efforts would be beyond reach.

As Justice Oliver Wendell Holmes, Jr. noted in“Life as Joy, Duty, End,” it is not the monetary andtangible rewards of the profession, great as they maybe, which are ultimately the most meaningful andrewarding. Reflecting on his long and distinguishedcareer, he concluded that it was not fame or fortunethat satisfied him most. It was the knowledge that hehad done his duty as a professional. “We are luckyenough if we can give a sample of our best, and if inour hearts we can feel it has been nobly done … therule of joy and the law of duty seem to me all one.”

I think Justice Holmes had it right. The pursuitof the ideals of the profession, through the Bar asembodied in the Bar’s mission, provide meaning,purpose and yes, joy to the practice of law. In thatspirit, I accept the mantle of MCB President with asense of duty and a sense of joy in being given theprivilege to serve this Bar and its more than 4200members. Like Justice Holmes, I hope to give a “sampleof my best” to the noble cause that is the MecklenburgCounty Bar—a cause that all of us share as membersof the learned and honorable profession of law.

From the Presidentcontinued from page 1

Committee, Robert C. Stephens presented the slateof officers for 2009-2010, all of whom were elected:President Elect, A. Todd Brown; Vice President,Robert C. Dortch; Secretary, Karen Eady-Williams;and Treasurer, Maria Blue Minsker. Board Membersalso elected at the meeting include Hon. Albert Diaz,Jill E. Dinerman, Trevor M. Fuller, Jonathan C.Krisko, John C. Nipp, Claire K. Shapack, and NinaShor.

The Honorable Albert Diaz administered theoath to our incoming Bar President, Patrick E Kelly.Kelly discussed the duty, honor and joy in theprofession of law. He also spoke of ways in which theBar is relevant to its members, and reflected on themission and goals of the MCB. You may read moreon his speech in the President’s Column of thisnewsletter.

The MCB thanks its generous sponsors: Year-Round Sponsor, Lawyers Mutual Liability Insuranceof North Carolina; Benefactor Sponsor, SpecialCounsel; Donor Sponsor, Lexis Nexis; ContributorSponsors, Findlaw and Westlaw; Supporter Sponsor,Exact Document Services; and Door Prize Sponsors,Dana Rader Golf School, Jennifer Abbate at Rafael’sSalon, Auto Bell Carwash, Brio Tuscan Grill andBricktops Restaurant.

On behalf of the MCB, we thank FirstPresbyterian Church for the use of its breathtakinggrounds. Finally, the Social and Sports Committeemust express its gratitude to Nancy M. Roberson,Leah Reed and the rest of the Mecklenburg CountyBar staff for putting together another outstandingAnnual Meeting and continuing to tirelessly serveour Bar.

Annual Meeting Reportcontinued from page 1

The Charlotte Women’s Bar: Report from the President

BY AMY E. SIMPSON, PRESIDENT CHARLOTTE WOMEN’S BAR

Now celebrating its fourth anniversary, theCharlotte Women’s Bar (CWB) has expanded in size,community, commitment, principle and purpose. Thewomen of the CWB are determined in this day andage of professional uncertainty and difficulteconomics to continue to make a difference to eachother and to the community. And having had thedistinct pleasure of being one of the organization’sfounding members I can say that with each new year,my level of pride in the group and its membershipcontinues to grow.

We boast members of all ages, faiths,nationalities, areas of the law, and involvement in allaspects of the community. These members remaincommitted to diversity, and have a renewed focus onthe development and success of the membership bothinside and outside the group.

Our individual successes have not goneunnoticed. Our very own Terra Atkinson wasrecently named one of twenty Charlotte WomenExtraordinaire of 2008 by Business Leader Media.

Our 2009 programs highlight our groupsuccesses. For example, in early April the memberscame together to assemble Spring Baskets for ourSpring Community Service Project. The groupprepared baskets full of goodies, and the MecklenburgCounty Department of Social Services distributed thebaskets to homeless children, children in publichousing and other children in need.

On March 12, 2009, we lightened the mood abit with a social evening out for existing andpotential new members at Solé Spanish Grill on EastBoulevard. The social was very well attended. Wehad more than 10 potential new members attend andexpress and interest in joining after the night ofrelaxation and community.

On April 22, 2009, the CWB and theMecklenburg County Bar presented Women Lawyers2009 Retention, Advancement, Equity &Satisfaction. The continuing legal education eventwas a great success and the panelists were able todialogue over the issues that face women in the legalprofession every day.

On May 16, 2009, the members participated inHabitat for Humanity’s Women Build Project. Thisproject aims to help families obtain decent, affordablehomes by building Habitat houses, whilestrengthening relationships and a sense of communityamong women. The first all women house was built

in Charlotte in 1991. Since then, ten more havebeen built. It is amazing to see the difference womencan make.

In the fall of 2009, the CWB plans to embark ona new public service project. We will plan and hold a“Career in Law Day” for local girl scouts to exposethe girls to different careers in law and to raiseinterest in a potential career in the legal field.

In addition to our continued focus on educating,encouraging, communicating, sharing and growing“community” for strong professional womencommitted to themselves, their work, and theirfamilies, we continue to find new ways to reach outand touch others outside the group. We have amentoring program with the Charlotte School ofLaw, and boast many law students as members. Weare also sponsoring mock interviews for 3L students.

My goal for CWB in 2009 is to build strength,hope, vision and the courage to continue to makesteps, strides, and leaps forward in these trying times.We hope to grow the organization in wisdom,develop committee strength in numbers andeffectiveness, structure a consistent calendar of eventsto bring uniformity and security to the group,encourage the reach of the organization inside andoutside its borders, and to continue to make adifference individually, collectively, professionally,personally, and publicly.

The only way these goals can be accomplishedwithin CWB is through the never-ending leadership,support, inspiration and hard work of the followingpersons: Mindy Staley, Vice President andSponsorship Chair; Danica Little, Treasurer; MegMaloney, Secretary; Megan Sadler, CommunicationsChair; Julie Seidenstein and Heidi Royal,Community/Public Service Committee; Sarah Byrneand Amy Foxhall, Membership Committee Chairs;Terra Atkinson, Program Chair; Julie Kerr Adams,Liaison to NCAWA; Beverly Binner, Sarah Byrne,Sarah Crotts, Judge Paige McThenia, JenniferSchenck, Nicole Sodoma, and Kendra Thornton,Board Members at Large

To those of you who already involved, thank you.For those of you who have yet to get involved, comejoin. And for the remainder of the MecklenburgCounty Bar, we appreciate your continued support,attention and encouragement of our group.

To join the CWB, please log on towww.ncawa.org. To learn more about the group orhow you can get involved, email me [email protected].

June 15 Coffee ConnectionsThe Professionalism, Lawyer Life and Culture

(PLLC) Committee hosted its second CoffeeConnections at the Bar Center on June 15, 2009.

Geared towards opening and running asolo/small firm, Coffee Connection participantslearned about the beginning stages of opening a firmall the way to running a successful small firm. Manycurrent solo/small firm attorneys took advantage ofthe opportunity to network with other similarlysituated colleagues.

Ashe Lockhart, of Lockhart Hornby PLLC,spoke to attendees about his past experience inopening and running firms – with partners andwithout, and the importance of networking both forprofessional contacts and garnering new clients.

Additional resources included: • Starting up a firm and choosing a practice area,

featuring Sarah J. Kromer, solo firm owner andmember of the PLLC Committee, Mr. Lockhart,

and Carol Van Buren of Van Buren Law, PLLC.

• Marketing yourself and your firm provided by ReneeHughes, Gardner & Hughes PLLC, and solopractitioner Heather Cook Skelton.

• Networking/volunteer opportunities, Mary JordanMullinax, MCB Community and VolunteerServices Coordinator; and

• Vendors who provide services to solo/small firms,AccTech Solutions, FindLaw, Lawyers Mutual,Merrill Lynch, Reid Accounting Solutions, andWestlaw.

Ms. Mullinax said that “many attendeesexpressed appreciation for the chance to network withcolleagues, and were excited to learn about moreopportunities that the MCB had to offer.” The PLLCCommittee is looking at additional ways to offerMCB members resources in these and other areasthat may be impacted by the current economy.



BY SAMUEL LINDSAY CARRINGTON

Judge David S. Cayer was sworn in as a UnitedStates Magistrate Judge on May 15, 2009 in aceremony held at the Charles R. Jonas FederalBuilding in Charlotte. Judges and attorneys packedinto the courtroom in support of Judge Cayer’sappointment as the newest federal Magistrate Judgein the Western District of North Carolina. ChiefUnited States District Court Judge Robert J. Conrad,Jr. presided over the ceremony and administered theoath of office. Speakers included Judge J. GentryCaudill, Judge H. William Constangy andMecklenburg County Bar President John W. Lassiter.Judge Cayer’s new colleagues on the federal courtbench also gave remarks. A reception followedshortly after the induction ceremony.

Judge Cayer moves to the federal bench afterserving six years as a North Carolina Superior Courtjudge based in Mecklenburg County. He also spentten years as a North Carolina District Court judge.His tenure on both levels of the North Carolina statecourt bench allowed many attorneys to get to knowJudge Cayer as both a jurist and a person. The authorrecently sat down with Judge Cayer for a questionand answer session that gave more insight into theWestern District’s newest judge. The following is asummary of the interview:

Q When and how did you first learn youwere being considered for United States

Magistrate Judge?At least since law school, I have always wanted

to be a judge. I applied as soon as I heard the positionwas open. A selection committee screens the variousapplicants and conducts interviews. After conductinginterviews, the committee gives five names to thefederal judges. Those individuals are theninterviewed by the federal judges. As you mightimagine, the pool of applicants is very strong. I wasvery pleased to be selected out of a pool of so manyqualified candidates.

Q Who is a judge, past or present, youadmire most and why?

I admire both Judge Albert Bryan, Jr. and JudgeCharles Russell of Virginia. Judge Bryan served onthe United States District Court in Virginia. Hisfather was also a judge and served on the FourthCircuit Court of Appeals. Judge Russell was a trialjudge who later spent time on the Virginia SupremeCourt. As for a local judge, I admire Marvin Gray. Ifound that each of these three judges was exceptionallybright and knew the law and procedure well.Furthermore, each of them ran a tight ship in thecourtroom and had high expectations of the lawyersappearing before them. Finally, each of them wasstrong and decisive on the bench.

One story in that regard, when I was a new statecourt judge, I once took a case under advisement. Iconsulted Judge Gray concerning his thoughts on thematter. As soon as I mentioned that I had taken theargument under advisement, he quickly told me I hadmade my first mistake as a judge. He instilled in menot to take matters under advisement. Judge Graythought a judge should rule from the bench. Over thecourse of my time as a state court judge, I tried to followthat advice and rule from the bench whenever possible.

Q Is there a person you credit with mostinfluencing your career path?

Yes, Judge Henry Hudson of the United StatesDistrict Court for the Eastern District of Virginia. Hehired me straight out of law school as a prosecutor.Judge Hudson taught me so much about criminal lawand procedure. But, most importantly, he taught me

how to be firm in a position while being respectfuland professional to the opposing parties at the sametime. Judge Hudson recently found fame by presidingover Michael Vick’s sentencing.

Q What are the strengths of the federaljudiciary system?

One strength is the high expectations for lawyerspracticing in the federal system. The court sets astrict timetable for cases and expects the parties toadhere to it. Furthermore, the courtroom atmosphereis strict. When I was a federal prosecutor, I had tolive in the realm of high expectations constantly.Also, there is a premium on efficiency. We do notwant anyone’s time to be wasted. The federal systemcan function swiftly and efficiently because of thefact that cases are assigned to a particular judge. Also,the fact that we have law clerks helps tremendously.

Q Do you believe empathy should play apart in judicial decision-making?

On a human level, a judge can certainlyempathize with the parties to a case. Our decisionsmay have a severe and adverse impact on someone.But as judges, we take an oath to uphold the law. Ajudge’s decision must, above all, follow the law.

Q What about life as a United StatesMagistrate Judge will be better than life

as a North Carolina Superior Court Judge?One of the first things that comes to mind is the

fact that I now have much more time to think aboutand research legal issues presented to me. Ratherthan having oral arguments, as I did in state court,most motions are argued on briefs. Plus, now I havelaw clerks to research issues. Finally, I don’t travel inmy new position.

Q What aspects of acting as a SuperiorCourt Judge will you miss the most?

Just as I mentioned that the lack of travel as afederal judge is a plus, I will also miss the travel I didas a state court judge. In the course of my yearstraveling around this state, I met so many greatpeople all over the state: deputies, lawyers,courtroom personnel, jurors, etc. I would not havehad a chance to meet these people had I not been aSuperior Court Judge. Plus, in my travels I was ableto see many of North Carolina’s great courthouses. Ilove the old courthouses that have a theater feel tothem. The courthouses in Lenoir and Murphy aremy favorites.

Q Any particular moments from your daysas a Superior Court Judge stand out as

particularly memorable?I have distinct memories from presiding over

death penalty cases. The tone and gravity of theproceedings make those cases particularly memorable.Many of my visits to small towns were memorable. Irecall a particular trip to Macon County in which theelected clerk baked something delicious for the judgeevery day. Another time in a small town I stayed at ahotel operated by the mother of a defendant Isentenced.

Q Do you prefer ruling over civil or criminalmatters?

I do not prefer one over the other. I like thechange of pace provided in presiding over both. As aSuperior Court Judge, the amount of time I spent oncriminal versus civil depended on location. In smalltowns, I would guess I spent almost 75% of my timeon criminal matters. Now, I spend more time on civilcases than criminal cases due to the fact that civildecisions are usually made on briefs. Therefore, Ihave more time to consider and research issues andwrite an opinion. A majority of my criminal work

involves pleahearings and othervarious motions.

Q What wasyour favorite

course inAmericanUniversity lawschool?

ProbablyEvidence. I knew Iwanted to be a triallawyer and myEvidence class further whetted my appetite. Plus, Ihad a great professor named Paul Rice.

Q What was your favorite course atWashington & Lee?

I was a history major. I preferred classes whichdealt with southern American history.

Q What do you expect of lawyersappearing before you?

I expect lawyers to anticipate and prepare forlegal issues that will arise in a case or hearing. WhenI was on the Superior Court bench, the mostcommon area in which lawyers were not adequatelyprepared was the jury instructions chargingconference. It made my job easier when the attorneysanticipated and prepared for the charge conference inadvance. Also, I expect lawyers to act professionallytowards all persons in the courtroom, be they thejudge, the jurors, clerks or opposing counsel.

Q What is your biggest pet peeve?

My number one pet peeve is lawyers arguingafter the judge rules on an issue. It is disrespectful.Furthermore, I believe the ethics rules say somethingto the effect that a lawyer is supposed to gracefullyaccept the court’s ruling. If there are other avenuesopen to the attorney to overturn the ruling, that’sfine. But an attorney should not continue to argueafter the judge rules. That is my number one petpeeve by far.

Q What do you do for relaxation or fun?

I love spectator sports, dogs, traveling andreading. One of my favorite locations in my vacationtravels is Montana. The scenery there isbreathtaking. I enjoy reading political books. Irecently finished the biographies of Susie Sharpe andJohn Mitchell. The biography of John Mitchellcontained some fascinating facts about the Watergatescandal that I did not know. I have also recently readbiographies of several Supreme Court Justices,including Justices Thomas, O’Connor and Blackmun.

Q I hear you are a dog-lover. How manyand what types of dogs to you currently

have?I have two dogs right now. One is a Jack Russell

Terrier. The other is a rescue puppy that is a terriermix. We had another dog, but he recently passedaway. I’ve always had a dog. I take them for a dailywalk in my neighborhood. It is good exercise for thedogs and me.

Q You have been reported to be a hugeDuke fan. Is it true?

I grew up being a Duke fan and have continuedto be one ever since. My father went to Duke. I stillattend quite a few basketball games each year. Mysister has season tickets, and I get the right of firstrefusal if she is not using them. It’s a nice option tohave.

Induction Ceremony Held for U.S. Magistrate Judge David S. Cayer

Judge David S. Cayer



45 Attorneys Sworn In at Spring ‘09 CeremonyCongratulations to the new attorneys who were sworn in on April 30, 2009, at the Marriott Charlotte City Center! Senior Resident Superior Court Judge Robert P.

Johnston presided over the state portion of the ceremonial court session and U.S. District Court Judge David S. Cayer presided over the federal ceremonial court session.Anne Randall, chair of the Young Lawyers Section, helped congratulate the newly sworn in attorneys. The Young Lawyers Section thanks sponsors Lawyers Mutual andthe Western District of North Carolina for their support. Please welcome the following attorneys to the North Carolina State Bar:

Aniruddha AgrawalUniversity of Illinois at Urbana-ChampagneFranklin Pierce Law CenterClement Bernard Miller PLLC

David C AnnisNorth Carolina State UniversityGeorgetown University Law CenterMoore & Van Allen PLLC

Katherine J BegorUniversity of Delaware Widener University School of Law

Jonathan M BerryHamilton CollegeThomas M. Cooley School of Law

Andrew C BonjeanIllinois State UniversityThomas M. Cooley School of Law

Harrell G Canning IIIUniversity of North Carolina at CharlotteLiberty University School of Law

Kathryn G ColeFurman UniversityUniversity of Michigan School of LawMoore & Van Allen PLLC

Tamara R CornishKent State University University of Akron School of Law

Jonathan Adam DunnUniversity of AlabamaHarvard Law SchoolMcGuireWoods LLP

Jonathan Amos DunnColby CollegeUniversity of Georgia School of Law

Deborah W DurbanUniversity of South CarolinaUniversity of South Carolina School of LawNelson Mullins Riley & Scarborough, LLP

David D Dzara IIUniversity of North Carolina at Chapel HillTulane University Law SchoolK&L Gates LLP

Jonathan H FerryRutgers UniversityUniversity of Virginia School of LawRobinson, Bradshaw & Hinson, P.A.

Guy L ForcucciNiagara UniversityUniversity of Buffalo Law SchoolCulp Elliott & Carpenter, PLLC

Benjamin P FryerGeorge Washington University University of Virginia School of LawMoore & Van Allen PLLC

John C GilsonUniversity at Albany – SUNYBenjamin N. Cardozo School of LawMoore & Van Allen PLLC

Lynell E GwaltneyThe College of William and MaryUniversity of Dayton School of LawThe Law Offices of Joan Elizabeth Winters, LLC

Suzanne R HaleyUniversity of North Carolina at Chapel HillUniversity of Miami School of LawBradley Arant Boult Cummings LLP

Christian W HancockUniversity of South CarolinaUniversity of North Carolina School of Law

Lisa M HoffmanAppalachian State UniversityNova Southeastern University Law Center

Bethany L JacksonUniversity of North Carolina at WilmingtonStetson University College of Law

Hanan A JavaidDuke University University of North Carolina School of LawErnst & Young LLP

Justin A JerniganClemson UniversityUniversity of South Carolina School of LawSumma, Additon & Ashe, PA

Lisa M JohnsonCleveland State UniversityThomas M. Cooley Law SchoolLM Johnson Law Firm

Paige S LoperEaster Connecticut State UniversityWestern New England College School of Law

Patricia G LynchFlorida State University University of Georgia School of LawMontgomery Insurance

Minalkuuari P PatelUniversity of South CarolinaAppalachian School of Law

Brione B PattisonWillamette University S.J. Quinney College of Law

Jeanne A PennebakerUniversity of IllinoisDePaul University College of Law

Toniann Primiano Regis UniversityFranklin Pierce Law Center

Douglas RoseShippensburg UniversityMichigan State University College of Law

John M SaundersVanderbilt UniversityChapman University School of Law

William Schmidt Jr.Montclair State UniversitySeton Hall University School of Law

Brooke A ShultzHillsdale CollegeTulane University Law School

Taryn E SmithWashington UniversityIndiana University School of LawMoore & Van Allen PLLC

William S Smoak Jr.Davidson CollegeDuke University School of LawKing & Spaulding LLP

Jennifer StoryUniversity of DelawareWidener University School of Law

Sharleen N SullivanNova Southeastern UniversityFlorida Coastal School of Law

Jamie N TeagueUniversity of IowaWashington University School of Law – St. Louis

Richard B ThompkinsUniversity of South CarolinaUniversity of South Carolina School of LawSpencer & Spencer, PA

Laura F ThompsonUniversity of North Carolina at Chapel HillTulane University Law SchoolSelf-Employed

Blia VangUniversity of Wisconsin at PlattevilleUniversity of Wisconsin Law School

Robert R VassWabash CollegeIndiana University School of LawMoore & Van Allen PLLC

Karen D WilsonCollege of CharlestonWake Forest University School of LawNelson Mullins Riley & Scarborough, LLP

Young Lawyers SectionBY ANNE RANDALL, CHAIR

Join Now! Even though the Young Lawyers Section (YLS) is currently on summer vacation, now is agreat time to join. The YLS is for attorneys 36 years old or younger, or attorneys in their first three years ofpractice in Mecklenburg County. The YLS offers numerous community service opportunities, includingadvising high school students on the practice of law and collecting gifts during the holidays. In addition tocommunity service projects, the YLS holds four socials throughout the year. These socials are a great way toget to know other young lawyers in a relaxed environment. For more information or to join, contact newYLS Chair, Amy Foxhall at [email protected] or MCB staff liaison, Amy Young at [email protected] 704/375-8624.

MCB 26th Judicial DistrictMembership Dues AreDue July 31, 2009

Thank you to the many members who havealready paid their 2009-2010 MCB dues and updatedtheir contact information. If you have any questions,please contact Jill Wiggins at [email protected] note that a late fee of $15 is imposed on duespayments received after September 30, 2009.

Law Office AdministratorExperienced Law Office Administrator relocating to the Charlotte area

seeks position with a well established law firm in Charlotte. I have been a hands-on Office Administrator overseeing

the day-to-day operations of a law firm, including staff management, financial matters, payroll, benefits administration,

marketing and facilities management.Open to other positions and salary is negotiable.

Call 309/453-3625 or email [email protected].



Four Presented Citizen LawyerAward

Four members of the Mecklenburg County Barwere presented a Citizen Lawyer Award at the NCBAAnnual Meeting June 26. They are Daniel G.Clodfelter, The Honorable Shirley L. Fulton,Robert E . Harrington, and Kristi Kessler Walters.The NCBA, in conjunction with the Citizen LawyerTask Force, selected the recipients.

Clodfelter is currently serving his sixth term inthe General Assembly. He is past chair of theCharlotte-Mecklenburg Planning Commission, atrustee of the Z. Smith Reynolds Foundation, andpreviously served on the Commission on the Futureof the Courts and Justice. He practices with Moore& Van Allen, and is a 1977 graduate of the YaleUniversity School of Law. Clodfelter received hisbachelor’s degree from Davidson College andattended Oxford University as a Rhodes Scholar.

Judge Fulton served 26 years as a SuperiorCourt and District Court Judge. She chairs theCharlotte School of Law Board of Trustees andserves as co-chair of the United Agenda for Childrenin Mecklenburg County. She also served on theboards of the Evergreen Fund, the Charlotte-Mecklenburg Public Schools Foundation, and as co-chair of the Mecklenburg County Justice and PublicSafety Task Force. She practices with Tin FultonWalker & Owen, and is a 1980 graduate of theDuke University School of Law. She received herbachelor’s degree from North Carolina A&T StateUniversity and an MBA from Queens University ofCharlotte.

Harrington serves as board chair for the LevineMuseum of the New South, and is a member of theEquity Committee of the Charlotte-MecklenburgSchool. He previously served on the board of SeigleAvenue Partners and as co-chair of the board ofdirectors of the National Lawyers’ Committee forCivil Rights Under Law. Harrington practices withRobinson Bradshaw & Hinson, and is a 1987graduate of the Duke University School of Law. Healso received his bachelor’s degree from Duke.

Walters provides volunteer leadership to theCharlotte Housing Authority Scholarship Fund,where she has served as a member of the board, theexecutive committee, and chair of the GovernanceTask Force. She also provides leaderhip to theCommunity School of the Arts. Walters providedvolunteer service to Davidson College, the UNCSchool of Law, and the National Association ofCollege and University Attorneys. She practiceswith Parker Poe Adams & Bernstein, and is a 1999graduate of the UNC School of Law. She receivedher bachelor’s degree from Davidson College.

Lawyers in the Newscontinued from page 1

Tomberlin Wins LRS PanelMember of the Year at AnnualReception

Interested in Joining theMecklenburg County Bar’sLawyer Referral Service?

With the fiscal year beginning this month, submit your application to take full advantage of a year ofreferrals. Check out the Lawyer Referral Service (LRS) online at www.meckbar.org to access additionalinformation and to obtain a copy of the application.

Benefits of membership include:• The opportunity to increase your client base with referrals from the MCB LRS office.

• A tailored application that helps attorneys more easily specify their preferences for referral clients.

• Once commission requirements are met, 10% off all MCB CLEs.

• An invitation to the annual MCB LRS reception held at the end of each fiscal year.

If you have any questions regarding the Lawyer Referral Service or are interested in additionalinformation, please contact Mary Jordan Mullinax, LRS Coordinator at [email protected] or704/375-8624.

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The Mecklenburg County Bar’sLawyer Referral Service (LRS) hostedits annual reception on June 11th atthe Bar Center. Richard H. Tomberlinwas awarded the 2009 LRS PanelMember of the Year – the 19th year ithas been awarded.

A participant in the LRS for morethan a decade, Mr. Tomberlin’s long-standing commitment is only a part ofthe reason he received this honor.“Mr. Tomberlin is open with his abilityto take a case, and is sure to remain incontact with staff as the caseprogresses,” said LRS Committee Co-chair, Connelia Z. Houston. “His timeand attention to the clients’ needs account for theoutstanding client reviews he receives throughout theyear.” One client’s review exclaimed, “That was thebest $50 I ever spent!”

Members of the Bar’s Executive Committee andBoard of Directors mingled with nearly 30 panelmembers during the reception. The Bar Center,decorated with local greenery and flowers, was full oflaughing and animated conversations. Manymembers won door prizes, including a selection ofsummer reading, Del Frisco’s gift certificates, and five-

class passes at a local yoga studio. Special thanks goto the following Door Prize Donors: Del Frisco’s,Elegant Nails, Jason’s Deli, MCB CLE, Park RoadBooks, Reid’s Fine Foods, Starbucks, The VillageTavern, and Yoga for Life Yoga Studios.

The MCB LRS is honored to support its LRSpanel members and Bar leadership with thereception. The following sponsors made the eventeven more of a success: Lawyers Mutual of NorthCarolina, Ranger Protective Service, Inc., andReynolds Professional Service, Inc.

Richard H. Tomberlin accepts the 2009 LRS Panel Member ofthe Year award from Connelia Z. Houston.

MCBNewscx:MCBNews 6/24/09 10:37 PM


2009–10 Mecklenburg County Bar CommitteesTo better serve your interests in the 26th Judicial

District, we need your involvement. Please take amoment and consider your role in the MecklenburgCounty Bar (MCB).

Please indicate your interest in serving on any ofthe volunteer committees described below by fillingin the blanks with up to three choices by order ofpreference (1 being your top choice) and returning acopy of this page • by mail to MCB Committees Interest, 438

Queens Road, Charlotte, NC 28207;

• by fax to MCB Committees Interest at 704/333-6209; or

• by e-mail to [email protected], Subject: MCBCommittees Interest.

Committee members will be selected soon andcontacted by the incoming 2009-2010 committeechairs.

Regulatory CommitteesAuthorized Practice of Law: Receives andinvestigates complaints from the public concerningthe dissemination of legal advice or services that areprovided by those not licensed to practice law.

Fee Dispute Resolution: Mediates and arbitrates feedisputes pursuant to RPC 2.6. Committeemembers/panelists must have mediation experienceor be DRC-certified mediators.

Grievance: Receives and investigates complaintsfrom the public on ethical matters, and handles eachin accordance with the NCSB Rules of ProfessionalConduct. Membership is currently at maximumcapacity.

Indigent Representation: Works in conjunction withthe Office of the Public Defender to coordinate andmaintain the attorney appointment list for criminalindigent defendants in the 26th Judicial Districtcriminal court system.

Judicial Nominating: Coordinates the ballotingprocess of the MCB for choosing candidates forsubmission to the North Carolina governor in fillingdistrict court judge vacancies.

Membership Service and ProgramsAdvertising and Sponsorship: Assists in identifyingpotential advertisers and sponsors. Meets quarterly tohelp brainstorm new leads, new sales techniques, and“specials” to entice renewals and new customers.Reviews progress on dollar goals.

Bar Leadership Institute: Encourages lawyers in thedevelopment of their leadership skills in the legalprofession. A joint MCB and MBF Committee.

Communications: Develops the communicationprocess among members of the MCB and isresponsible for publications including the monthlynewsletter, legal directory, and updates to the MCBHandbook. The committee also provides guidance forthe MCB’s website and electronic communications.

Community Outreach: Seeks to improve andprioritize the MCB’s volunteer outreach opportunities,and to collaborate with the community on legalissues, the legal system, and school and communityneeds. Oversees Community Schools Project.

Continuing Legal Education: Develops, implements,and oversees all CLE programs for the MCB inconformance with the rules of the North CarolinaState Bar CLE Board. Meetings are once a month.Each member is requested to plan one CLE training in apractice area or with an ethics/professionalism theme.

Courthouse Liaison: Coordinates the relationshipbetween the MCB and the Courthouse.Subcommittees include Access Courthouse, whichreviews the process for lawyers to have access cards toenter through the employees entrance and to obtainentrance on some of the back hallways; CourtFunding, which discusses specific court funding needs;and Courthouse Facility, which discusses specificissues pertaining to the courthouse facility as needed.

Special Committee on Diversity: Coordinates theMCB’s efforts to increase and retain the diversity inits membership.

Lawyer Referral Service: Oversees the ABA-approved program that refers people who can affordto pay for services with an experienced MCBattorney for a reduced consultation fee.

Professionalism, Lawyer Life and Culture: Seeks toenhance and support the Mecklenburg County legalcommunity through the active development andpromotion of educational programs, resources, andmentoring relationships to facilitate healthy,collaborative, rewarding, and service-orientedprofessional lives and culture among its members.

Volunteer Lawyer Program: Oversees the programthat assists in providing volunteers for legal serviceorganizations and the SelfServe Center; administersthe Pro Bono for Nonprofits Program and the Willsand Estates Program.

Event CommitteesBar History: Responsible for overseeing the processof archiving the MCB’s history and celebrating theMCB’s centennial in 2012.

Law & Society: Arranges a speaker of interest to thepublic and the legal profession for the annual Law &Society Luncheon, which includes the presentationof the Ayscue Professionalism Award that recognizesa current or former MCB member for exemplaryprofessionalism through outstanding service to theMCB and the community. Event proceeds benefit theMecklenburg Bar Foundation.

Law Day: Arranges for the celebration of the annualLaw Day event held each year on or about May 1and selects the Liberty Bell Award that honors a non-lawyer in the community for contributing to thepromotion of freedom under the law.

Lawyers’ Luncheon Series: Arranges for a series ofmonthly MCB luncheons designed to enhancecohesiveness among MCB members.

Medical/Legal: Encourages understanding andcooperation between the members of the MCB andthe members of the Mecklenburg County MedicalSociety, and is responsible for periodic evaluation andrevisions to the Medical/Legal Guidelines.

Memorials: Arranges and provides memorial servicesin open court when the families of deceased attorneysdesire them.

Social/Sports: Oversees the social and sports functionsof the MCB and arranges the execution of theseannual events, which include a basketball league, asoftball league, and a golf tournament. The committeealso plans the MCB’s Holiday Party and AnnualMeeting.

Planning and OperationsCommittees Finance & Operations: Prepares and monitors theMCB’s annual budget, including all program areasand income-producing services.

Future MCB/MBF Center: Responsible for planningfuture location/expansions of the Bar Center inaccordance with needs. A joint MCB and MBFcommittee.

Strategic Planning: Oversees the strategic planningprocess, develops a plan for Board approval, andrecommends updates as needed.

Name _____________________________________________________________________________________________________________________________

Firm/Organization ___________________________________________________________________________________________________________________

Address ___________________________________________________________________________________________________________________________

E-mail _____________________________________________________________________________________________________________________________

Phone____________________________________ Fax _____________________________________________________________________________________

___ Advertising and Sponsorship

___ Authorized Practice of Law

___ Bar History

___ Bar Leadership Institute

___ Communications

___ Community Outreach

___ Continuing Legal Education

___ Courthouse Liaison

___ Fee Dispute Resolution

___ Finance & Operations

___ Future MCB/MBF Center

___ Grievance

___ Indigent Representation

___ Judicial Nominating

___ Law & Society

___ Law Day

___ Lawyer Referral Service

___ Lawyers’ Luncheon Series

___ Medical/Legal

___ Memorials

___ Professionalism, Lawyer Life and Culture

___ Social/Sports

___ Special Committee on Diversity

___ Strategic Planning

___ Volunteer Lawyer Program

Please indicate your interest in volunteering for a committee(s) by selecting with up to three choices by order of preference (1 – 3).

MCB Committees Interest Form

MCBNewscx:MCBNews 6/24/09 10:37 PM


Summer School Supply Drive in EffectAlice Cooper said it best – “School’s . . . out . . .

for . . . Sum-mer!” With that in mind, the kids are free, the teachers

are relieved, and parents now have some days to fillfor their children. Summer may mean freedom forthose staffing and attending Mecklenburg CountyBar’s partner schools - Ashley Park ElementarySchool, Devonshire Elementary School, and the

Community Charter School - but it does not meanthat it is time to relax for the Community SchoolsProject of the Bar’s Community OutreachCommittee.

This time of year is when the Bar encourages itsmembers to begin collecting and storing schoolsupplies for distribution to the schools. Our partnerschools are always in need of supplies for their

students. Your donations of paper, pens,pencils, crayons, 3-ring binders,Kleenex tissue, rulers, age-appropriatereading books, spiral notebooks, copypaper, manila folders, backpacks, andsimilar supplies are greatly appreciated.

Please drop your donations off atthe Bar Center or contact staff liaisonMary Jordan Mullinax at 704/375-8624or [email protected] to arrangefor pick-up. If you would like to make afinancial donation to the SchoolSupply Drive, please contact MaryJordan to make arrangements.

We will be distributing schoolsupplies the week of August 17th.Please consider spending the next fewweeks purchasing or setting aside some

supplies for the needs of these schools and thestudents that attend them. Your generosity is sure tomake the 2009-2010 school year start off on the rightfoot!

McGuireWoods LLP sponsored a Teacher AppreciationBreakfast at Ashley Park Elementary School to thank the stafffor their hard work this year. The teachers were very grateful,and the Community Schools Project of the Bar’s CommunityOutreach Committee thanks McGuireWoods for their generousdonation.

Hatcher Law Group attorney Tonya Graser readsThe Giving Tree by Shel Silverstein to a 2ndGrade Class at Devonshire Elementary School.Tonya participates in the Community SchoolsProject through the Bar’s Community OutreachCommittee by reading once a week to thestudents. If you are interested in reading tostudents at Devonshire, or one of our otherpartner schools, please contact Mary JordanMullinax at 704/375-8624.

Wednesday, August 26, 2009

MCB Golf Tournament: New Month, New Day,New Location,

2009 MCB Golf Tournament Registration Form(please fill out one form per player)

Name____________________________________________________________________________________

■■ Male ■■ Female

Firm name________________________________________________________________________________

Name of preferred teammate (one name only, please) _________________________________________

Address__________________________________________________________________________________

E-mail _______________________________________ Phone______________________________________

Fax__________________________________________ Handicap___________________________________

If no handicap, last three 18-hole scores (within three years) ___________ ___________ _____________

■■ Tournament (includes reception): $65

■■ Reception only OR guest attending reception (name): ___________________________________ $15

I’m enclosing a check payable to Mecklenburg County Bar TOTALING:__________________________

Please mail your registration form and check by 8/21/2009 to MCB GOLF TOURNAMENT, 438 Queens Road, Charlotte, North Carolina 28207

Congratulations to McAngus,Goudelock & Courie, LLC,winners of the 2008-09 MCBBasketball LeagueChampionship. A special thanksto Co-Commissioners MattArnold and Nick Allmon for alltheir hard work in organizingthis year’s league.

The date for the annual Mecklenburg CountyBar (MCB) Golf Tournament has been set for noon,Wednesday, August 26, 2009. Be one of the first toplay the tournament at its newest location, RaintreeCountry Club. With its picturesque ponds and rollingterrain, players will enjoy the scenic beauty of theNorth Course, which entices players of all levels.Players will enjoy lunch and refreshments before ashotgun start at 1 p.m., as well as post-round horsd’oeuvres and a prize ceremony recognizing thewinners. Last year’s prizes included gift certificates toEdwin Watts Golf and Fore the Links, free golf swinganalyses, and a chance to win a new luxury car fromCarolina Volkswagen for a hole-in-one.

The MCB Golf Tournament is a long-establishedtradition of our Bar and is a terrific way for attorneysto develop relationships with their associates andcolleagues. To that end, the Golf Committee willassign an A, B, C, and D player—each representingdifferent handicaps or skill levels—to each four-person team, which can include two people from thesame firm. Please contact Leah Reed [email protected] or 704/375-8624, ext. 114 formore information. Space is limited, so register now.We look forward to seeing you on the fairways inAugust!


July 2

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July 2

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Volume 36 N

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ueens RoadCharlotte, NC 28207ADDRESS SERVICE REQ

UESTED

PRSRT STDU.S. PO

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PA

ID

CHARLOTTE, NC

PERMIT NO

. 3337

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ledge

of theLegal M

ark

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arket in North and South C

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placementfor attorneys, paralegals and legal support personnel.

Charlotte

• R

aleigh•

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• Suite 1690

• C

harlotte, NC

28244•

704/343-4822

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w.carolin

alegal.com• em

ail: info@

carolinalegal.com

DATE

D M

ATE

RIA

L

In T

his Issu

eC

ity Attorney’s O

ffice Signs-On to D

iversity Initiative...................................................................coverFrom

the President.........................................................1A

nnual Meeting R

eport.................................................1Law

yers in the New

s......................................................1C

LE.................................................................................2

Patrons Fund...................................................................3V

olunteer Spotlight........................................................4D

iversity Cham

pion Aw

ard...........................................4

VLP Pro B

ono Aw

ard Winners.....................................5

Charlotte W

omen’s B

ar..................................................6C

offee Connections.......................................................6

U.S. M

agistrate Judge David S. C

ayer..........................7Y

LS..................................................................................8

Spring Swearing In

.........................................................8LR

S Panel Mem

ber of the Year.....................................9M

CB

Com

mittees........................................................10

School Supply Drive

....................................................11M

CB

Golf Tournam

ent...............................................11

City A

ttorn

ey’s O

ffice S

igns-O

n to

Meckle

nburg

County B

ar’s Dive

rsityIn

itiative

The C

harlotte City A

ttorney’s Office signed on as the first

Public Endorser to the Mecklenburg C

ounty Bar’s (MC

B) Call

to Action of the C

harlotte-Mecklenburg G

eneral Counsel and

Managing Partners’ D

iversity Initiative. As a Public Endorser,

the City A

ttorney’s Office w

ill join twenty local law

firms and

legal departments in a collective com

mitm

ent to create adiverse com

munity of law

yers. “T

he principles in the MC

B Call to A

ction match w

ell with

the philosophy of the City of C

harlotte; a true comm

itmentto

equal opportunity and a proven belief in the value of a diversew

orkforce,” said Dew

itt “Mac” M

cCarley, C

harlotte City A

ttorney.“To be effective, the values have to translate to the w

ay theoffice runs. D

iversity and inclusion have to be shared valuesam

ong decision makers, veteran attorneys and new

hires alike.” Since its inception, the D

iversity Initiative has focused onincreasing diversity w

ithin its private law firm

and legaldepartm

ent Signatories. Recently, the D

iversity InitiativeA

dvisory Group recom

mended expanding the program

’s scopeto include public legal departm

ents that will participate as

Public Endorsers in the same capacity as their Signatory

counterparts. The A

dvisory Group anticipates that the

inclusion of Public Endorsers will better assist the Initiative in

recruiting, hiring, retaining, and promoting m

inority attorneysw

ithin the Charlotte-M

ecklenburg legal market.

Signatories and Public Endorsers achieve the Call to

Action objectives by: establishing effective m

entoring andleadership training program

s; promoting, fostering, and

enhancing diversity efforts among their m

anaging structures;and encouraging attorney participation in sensitivity anddiversity training. Furtherm

ore, each Signatory and PublicEndorser provides an annual report to the M

CB regarding its

hiring, retention and promotion practices. T

his empirical data

is used to chart the progress made tow

ard implem

enting theInitiative’s action plan and outlined objectives.

Com

mitted to the D

iversity Initiative, the City A

ttorney’sO

ffice will participate in the 2009 C

harlotte Legal Diversity

Clerkship (C

LDC

) — a tw

elve week internship opportunity for

first-year minority law

students. The C

LDC

students spend sixw

eeks with a law

firm and six w

eeks with a corporate legal

department. T

his year, they will also w

ork in the City

Attorney’s O

ffice for a day. A

s a Public Endorser, the City A

ttorney’s Office w

illcontinue to enhance and prom

ote diversity within its w

orkplaceculture. “T

he City C

ouncil reflects the comm

unity, our workforce

reflects the comm

unity, and the City A

ttorney’s Office m

ustalso reflect the com

munity. Equal opportunity and diversity are

core principles for the City of C

harlotte,” said McC

arley. T

he Diversity Initiative’s A

dvisory Group continues to

solicit participation in the Charlotte-M

ecklenburg General

Counsel and M

anaging Partners Diversity Initiative from

locallegal entities. Law

firms and legal departm

ents interested insigning on as a Signatory or Public Endorser to the M

CB C

allto A

ction may contact Stephanie A

. Marella, D

iversityC

oordinator at smarella@

meckbar.org or 704/375-8624.

2009 - 2

010 M

em

ber D

ues are

due Ju

ly 31, 2

009


mecklenburg bar news - 7/09

Documents

mecklenburgcounty bar

members ofthe bar

legal profession

legal services

legal system

mcb presidentcontinued

mcb attendingmembers

outgoing mcb president