Vol. XXXV, Number 12 December 2009

Wake County Bar AssociationEst. 1925

LOOKING AHEAD:WCBA Meeting ScheduleJanuary 5 12:30 p.m. Woman’s Club (tent.)Please check the Bar Flyer to confirm the meeting location.

JanuaryOn Jan. 5, 2010, join us for our luncheon meeting. Our guest speaker will be NCBA President John R. (Buddy) Wester.

Upcoming MeetingsMessage From The PresidentE.D. Gaskins, Jr., PresidentWake County Bar Association

It’s hArD for mE to BElIEVE that my tenure as your president is about to end. This has been a real learning experience for me. It has been a privilege to serve as your president-elect and president. Perhaps the part I have enjoyed most has been introducing the speakers and presiding at the monthly luncheon meetings.

As I told WCBA Executive Director Alice Roman at the outset of my tenure, “I hope I can keep the trains on the track and running on time.” I soon learned that if I just stayed out of the way, that would happen. Hopefully, I stayed out of the way. My thanks to the very excellent com-mittee chairs and active members who do the bulk of WCBA work. My thanks also to Alice and her very excellent staff consisting of Kathy Ruppert, Maria Dover and Joan Linton.

My thanks also to Doug Brocker, who served this year as president of the Tenth Judicial District Bar, but was in fact as involved and active in leading the WCBA as I. I would have had great difficulty in discharging the responsibilities of

December Meeting

T he December meeting of the Wake County Bar Association will convene at 12:15 p.m. on

December 1, 2009, at the North Raleigh Hilton, 3415 Wake Forest Road in Raleigh.

This is a very important meeting of the WCBA and the Tenth Judicial District Bar for the election of 2010 officers and Board of Directors. A list of the candidates appeared in the November issue of the Wake Bar Flyer and is reprinted on page 3 of this newsletter. Plan to attend so you can cast your vote.

Vote December 1

Season’s Greetingsfrom the

Wake County Bar Association

Staff

WCBA Offices closedDec. 24–25, 2009, and Jan. 1, 2010

Memorial ServiceDeceased members of the Bar will be honored at a ceremony on Dec. 11, 2009, at 2:00 p.m. at the Wake County Courthouse in Courtroom 3-B. The Honorable Michael Morgan will preside at the Memorial Service. All members of the Bar are invited to attend.

The following attorneys will be honored:Henry E. PaschalBruce N. Metz, Sr.Edwin P. FriedbergJames E. LongReef C. Ivey IIJudge David M. Britt

continued on page 2

2 — Wake Bar Flyer

Please note: If materials are received after the deadline, they may be published in a subsequent issue of the Wake Bar Flyer.Send news and articles to: James Hash, EditorWake Bar FlyerEverett, Gaskins, Hancock &

Stevens, LLPP.O. Box 911 Raleigh, N.C. 27602-0911 phone 755-0025; fax 755-0009E-mail james@eghs.comSend typewritten copy or ads on disk or e-mail (PDF files preferred) to:Maria DoverWake County Bar Association P.O. Box 3686 Cary, N.C. 27519-3686E-mail mdover@ncbar.org

Please Note!

DEADLINEJanuary IssueDec. 18, 2009

Typography: Capital Letters, Inc. (481-1011)

ADDITIONAL DEADLINESIssue Date Submission DeadlineFebruary 2010 Jan. 19March 2010 Feb. 9April 2010 March 16

Inside This IssueActivity PageUpcoming Meetings of

Other Organizations ...................5WCBA YLD Activities .......................16Member Information

Change Form ............................17BarCARES Information ....................17Basketball Sign-Up .........................18YLD Clothing Drive Information ......19

Message from the President continued from page 1

both offices and thus am very grateful for the wisdom displayed by the membership in elect-ing two presidents to serve this year.

The leadership transition from Doug and me to Nan Hannah will take place in the near future. As part of that process the WCBA is undertak-ing, under Nan’s guidance, a strategic planning process. It has been a decade since we took stock of where we are as an association in order to assess what we have done well, what we need to do better, and to set a direction for the next decade. Permit me to share with you some of the results from the membership survey which was recently completed and in which 255 of us participated.

We indicated a high level of satisfaction with our association, 83% of us agreeing that the WCBA offers many ways to become involved and offers quality programs and services. As good as that is, we can do better, and the planning process underway is designed to do just that.

In my opinion, the monthly luncheon meetings form the heart of the WCBA. Thus I’m very pleased to report that 94% of us are satisfied with that critical activity. The luncheon meet-ings are built on the history and tradition of the Wake County Bar, and, in my judgment, are the backbone of the organization. These monthly meetings provide cohesiveness and a forum for professional development and personal contact.

I was not surprised to learn that the primary professional concern for 57% of us is work/life balance. This has been a prominent issue for the legal community for at least the last 15 years. It becomes particularly troublesome in hard economic times when attorneys are struggling to maintain their practices. Hopefully this is an issue which the WCBA can help address.

I was also not surprised to learn that mentor-ing is a concern to some of us, and that our assessment is that the WCBA has not effectively addressed this issue. Fortunately help is on the way. We continue to move forward in partner-ship with Campbell Law School to plan and implement a new mentoring program which is scheduled for next fall.

I was also not surprised to learn that dues are the most significant factor in preventing Tenth Judicial District members from joining the WCBA. For that reason, a significant segment of attorneys employed by government are not members. This is another issue we need to address.

Finally, 73% of us indicated that we would par-ticipate in activities of the WCBA if we received a personal request to do so. Standby! Requests are on the way.

It has been a privilege and honor to serve you. Good luck, Nan.

Perfect order has a nice ring to it.In your complex professional life, there is one company that can help you simplify it.

Lawyers Mutual Liability Insurance Company offers a comprehensive range of services including industry leading malpractice liability coverage, excellent risk management programs and outstanding claims repair success. Your passion is your practice. Ours is keeping your practice safe.

919.677.8900 n 800.662.8843 n Fax: 919.677.9641 n www.lmlnc.com n lml@lmlnc.comLawyers Mutual. Serving your Career with Distinction.

December 2009 — 3

Memorial Scholarship FundBrian O. Beverly, Endowment Scholarship Award and Oversight Committee Chair

The WCBA Memorial Scholarship Fund is a means for individuals and firms to make donations in the memory of, or in honor of, WCBA members. The fund is used to provide law school scholarships for Wake County residents. The Endowment Committee maintains a roster of donors and honorees. Memorial gifts and honoraria are acknowledged directly to the families of the de-ceased or honored member. If you or your firm wish to make a contribu-tion, please contact Alice Roman at 657-1572.In Honor of William Bystrynski (past Endowment Scholarship Award and Oversight Committee Chair)Ellen Murphy and spouse Steve Nickles(Ellen was the 1999 recipient of the Endowment Scholarship Award)

N.C. Supreme Court LibraryThe North Carolina Supreme Court Library is located on 5th floor, Justice Building, 2 East Morgan Street, Raleigh. To gain access to the facility, attorneys should provide state bar number and photographic identification to the guard on duty. Employees of attorneys should present a completed visitor authorization form (see Library’s Web site for this form) or library card. State employees need only show employee badges to gain access. Normal hours of operation for the facility are 8:30 a.m. to 4:30 p.m., Monday through Friday.

Holiday ScheduleChristmas ..................December 24, 25

Notice of electioNTo All Members of the Tenth Judicial District BarThe officers of the Tenth Judicial District Bar and Wake County Bar Association hereby give notice pursuant to Article XII of the By-Laws of the North Carolina State Bar:

1. That the annual election of Officers and Directors will be held on Tuesday, December 1, 2009, at the North Raleigh Hilton, 3415 Wake Forest Road in Raleigh at 12:15 p.m. Lunch will be served and the cost of lunch will be borne by the Tenth Judicial District Bar at no additional cost to members. The election is for the purpose of choosing Officers and Directors for both the Tenth Judicial District Bar and the Wake County Bar Association along with Badger-Iredell Foundation. Early voting will begin at 8:30 a.m. at the North Raleigh Hilton for those who cannot attend the meeting.

2. The following Officers will be elected: President-Elect

3. The following Directors will be elected: 10 Directors (2-year term)

4. The following District Bar Councilors to the N.C. State Bar will be elected: 5 Councilors (3-year term)

5. The following Badger-Iredell Foundation members will be elected by the Wake County Bar Association: 2 Foundation Members

President-Elect (elect one)Christie Speir CameronThomas H. Davis, Jr.

Board of Directors (elect ten)Ashleigh E. BlackAshley K. BrathwaiteMichelle S. CofieldJohn H. ConnellVartan A. (“Woofer”) Davidian, IIIKimberly W. DuffleyB. Keith FaulknerReed N. Fountain N. Lorrin Freeman Keith O. Gregory Scott C. Hatfield Daniel C. Higgins Deborah L. Hildebran Leonard T. Jernigan, Jr.Thomas C. (“Tom”) KilpatrickAshley M. PerkinsonDavid L. SherlinRoger W. Smith, Jr.Theodore B. SmythC. Colon Willoughby

tenth Judicial District Bar CouncilorsFor seats being vacated, ineligible for re-election:

Newly nominated candidates for M. Keith Kapp seat (elect one)Terri L. GardnerCarlyn G. Poole

Newly nominated candidates for Victor J. Boone seat (elect one)Nicholas J. (Nick) Dombalis, IIDayatra T. Matthews For re-election to seats currently held by nominee: (elect three)John M. SilversteinCynthia (“Cindy”) L. Wittmer John N. (Nick) Fountain

Badger-Iredell foundationWCBA Members voting (elect two):John N. (Nick) FountainFred P. Parker, III

4 — Wake Bar Flyer

The Wake County Bar AssociationCordially Invites Its Members To

Holiday PartyFriday, December 4, 2009

North Raleigh Hilton3415 Wake Forest Road

7:30-11:30 p.m.Dancing and SocializingSpecial Occasion Band

Heavy Hors d’oeuvres and Refreshments (Complimentary Beer, Wine and Soft Drinks)

Spouses and dates welcome.b

Attention Wake County

Attorneys:You may save a life or help im-prove the quality of someone’s life. Don’t put off asking for help for yourself or encourag-ing someone else to seek help from BarCARES, a mental health professional, or a minister with your church or synagogue. Even lawyers have problems . . . . Call BarCARES at:

1-800-640-07351-877-FYI-BAR1 (statewide)

or 919-929-122724 hours a day

Tip of the month: Life is composed of our choices and constructed by our words. … And remember, our BarCARES.

Visit the WCBA web site at

www.wakecountybar.org

• Read the Bar Flyer online!

• Confirm Meeting Dates

• Watch for CLE Programs

• Look for Sports Events

WCBA LinkedIn and Facebook Sites Now OpenTechnology Committee, Scott Hatfield, Chair; Erik Mazzone and Scott Allen, Committee members

We are pleased to announce that the Wake County Bar Association now has a presence on both Facebook and LinkedIn, the popular social networking sites. Both sites are open only to Wake County Bar Association members in good standing. Members who join either the Facebook or LinkedIn group for the Wake County Bar can expect to find announcements there of upcoming activities and the ability to connect and interact with other WCBA members on the sites. The groups can be found by searching for Wake County Bar Association on Facebook or LinkedIn. Since both groups are open to WCBA members only, you must send a request to join either group.

Social CalendarHoliday Party Dec. 4, 2009

North Raleigh Hilton

Sanford ThompsonLawyer • Mediator

DRC Certified Mediator

Mediation

Arbitration

919-784-9007

sanford@sthompsonlaw.com

Scheduling:

brooks@sthompsonlaw.com

December 2009 — 5

other Meetings

Association RoundtableAttorneys interested in association and legislative law meet periodically with guest speakers. Meetings are usually held at the Raleigh office of K&L Gates LLP. The meetings begin at 7:15 a.m. and end at 9:00 a.m. approximately. For information about the Roundtable, contact Bill Scoggin at (919) 743-7327 (bill.scoggin@klgates.com) or Andy Ellen at (919) 832-0811 (andye@ncrma.org).checks payable to The Women’s Center

Wake Women AttorneysPlease join the Wake Women Attorneys for our regular monthly luncheon on Thursday, Dec. 10, 2009, 12:30-1:30 p.m. In lieu of a speaker WWA will be having a holiday networking social. Elections for next year’s board members will also be held at December’s meeting.

Location: The Cardinal Club, 50 Fayetteville St, Suite 2800 Raleigh, NC 27601-1395. Telephone:(919) 834-8829 Parking is also available in the Alexander Square Parking Deck, located at 120 S. Wilmington Street. Your parking ticket will be validated by the Cardinal Club. Lunch is $12.00/members; $15.00/non-members. Please RSVP to Christine Ryan at christine@ryanlawnc.com

Capital City Lawyers AssociationThe Capital City Lawyers Association meets the first Thursday of every month. During our meetings, we conduct “Law Experience Seminars” and provide CLE opportunities. Please see a member for additional infor-mation or contact Tonya Ford at tlford@tlfordlaw.com. Please visit us at www.thecapitalcitylawyers.org.

Wake County Chapter – Christian Legal SocietyThe CLS meets on the third Friday of every month at Pam’s Farmhouse off Western Blvd. (12:30 p.m.). We have a “keynote speaker” (local attorney, clergy, parachurch organization leader, etc.) who gives an inspiring talk, usually geared towards ap-plying faith to legal practice. To be placed on the CLS monthly e-mail or fax list, call Rik Lovett at 783-9333 or e-mail him at riklovett@mindspring.com.

Solo Women In LawWomen attorneys who practice law solo and are interested in networking are invited to a monthly lunch of SWIL. Lunches are held on the second Thursday of every month, 12:00 p.m., at Bear Rock Café, 7400 Six Forks Rd. (north Raleigh across from Celebration Shopping Center). For information call Jan at 870-1770 or Leslee at 846-6585.

Seasoned LawyersAny Wake County Bar member who publicly admits that he or she is 60 years of age is welcome and encouraged to attend. Senior Lawyers meet the third Tuesday of every month (except June, July and August). Meetings are held at the University Club with lunch at 12:30 followed by a speaker.

For more information, contact George Anderson at 755-1000.

WCBA Breast Cancer Support GroupCome Eat lunch With friends!

The Breast Cancer Support Group meets on the second Monday of each successive month at 12:15 p.m. at 42nd Street Oyster Bar (508 W. Jones St.). Anyone who is a Wake County Lawyer or family member is welcome to eat with us. We have camara-derie, compassion and confidentiality, and we always have a great lunch. No advance reservation or notice is needed. If possible, let us know by e-mailing cindywittmer@parkerpoe.com.

Wake County Family Lawyers Attorneys interested in family law issues are invited to meet for dinner and discussion on the third Wednesday of each month. For more information, please contact familylawyers@rosen.com or the Rosen Law Firm at 787-6668 ext. 0.

Wake County Academy of Criminal Trial LawyersWCACTL provides regular e-mail bulletins on criminal law issues and legislation, judicial forum opportunities, social events, and CLE for members.

Please join us the second Wednesday of every month for our regular meeting at 5:30 p.m. at the Oxford (located directly across the street from the Wake County

Courthouse on Fayetteville Street). All members and those interested in joining are encouraged to attend. Dues are $35 for the year. For more information contact Dave Ward, President, at 844-9228 or by e-mail at dward@wardlawfirmnc.com for questions, membership, or CLE information.

Collaborative LawyersAttorneys interested in or practicing fam-ily collaborative law are invited to meet for lunch and discussion on the first Friday of each month. Rotating location. For details contact Randolph (Tré) Morgan, III at 781-1311 or tmorgan@nichollscrampton.com.

Wake County Real Property Lawyers AssociationThe Wake County Real Property Lawyers Association meets for lunch and brief program on the third Wednesday of each month at the Cardinal Club at noon. Please contact Maureen Miller at mpmiller@attorneystitle.com for reservations and further information.

Raleigh-Wake Paralegal AssociationThe Raleigh-Wake Paralegal Association has its member luncheon/speaker meeting the second Wednesday of the month at 12:30 p.m. at the Holiday Inn on Glenwood and 440. For information on becoming a member or upcoming meetings, please go to www.rwpa.net. If you have any further questions, please feel free to contact RWPA President Dianne Shackelford at dianne.shackelford@klgates.com or (919) 743-7300.

Editor’s Note: If your organization has periodic meetings and you would like to “get the word out” to your fellow attorneys through the Wake Bar Flyer, please mail, fax or e-mail your information to James Hash, Bar Flyer Editor, P.O. Box 911, Raleigh, N.C. 27602-0911; fax information to (919) 755-0009, or e-mail James@eghs.com.

6 — Wake Bar Flyer

… to the WCBA/Tenth Judicial District Bar Officers, Board of Directors, Committee Chairs and Members, Councilors, ABA Delegate and Badger-Iredell Board of Directors for their contributions to the Bar during this past year. Special thanks to the layperson volunteers serving on the Fee Dispute Resolution and Grievance Committees.

Board of DirectorsOur thanks to the following outgoing members of the Board of Directors:Brian O. BeverlyJulian (Bo) D. Bobbitt, Jr. Christopher W. Brooks C. Blythe CliffordMargaret P. EaglesTheodore C. Edwards II Caroline FarmerLucy N. InmanJudge Shannon R. JosephJoseph E. PropstJudge Vinston M. Rozier, Jr.Harriet F. Worley

Kudos and thank You! thank You!

YLD PresidentThanks to Jennifer Morgan, outgoing YLD President for her leadership and congratulations to the YLD for a very successful year.

Volunteer LawyersThank you to all attorneys who offered their services this past year in the Volunteer Lawyer Program or participated in pro bono services.

And thanks to ALL OF YOU for volunteering for committees and events. Your support has enabled us to continue to be one of the most active and productive local Bars in the country, BAR NONE!

Barbara Weyher Sworn-In as President of the North Carolina State BarYates, McLamb & Weyher partner is second female NC State Bar president Barbara (Bonnie) Weyher took the oath of office Oct. 21 as the new President of the North Carolina State Bar, becoming only the second woman to hold the position. She was sworn in by the Honorable Sarah Parker, Chief Justice of the North Carolina Supreme Court, during a ceremony in downtown Raleigh. She succeeds John B. McMillan of Raleigh.

Ms. Weyher is a founding partner of Yates, McLamb & Weyher, L.L.P., a civil defense law firm based in Raleigh. She brings to the Bar’s presidency a long history of serving on its governing Council and as an officer. Before her election to the Council, Ms. Weyher chaired the Grievance Committee, Ethics Committee, and the Authorized Practice of Law Committee and has served on the Executive Committee, Issues Committee and Publications Committee.

Ed. Note: Ms. Weyher is also a past presi-dent of the Wake County Bar Association

New Lawyer? New to the Area? Need a Mentor?

Wake County Young Lawyers Division

silent Partners ProgramRob Everett

781.4000reverett@wyrick.com

Bridge the Gap ProgramShannon Frankel

Elise Johnsey782-6860

Get Involved InWake County Specialty Bars (several Specialty Bars

list contact names and meeting dates

in the Wake Bar Flyer.)and

Wake County Bar Association

677-9903

WCBA in Need of Conference Room Furniture!If you should have a small conference room table (6Clong x 3C wide max) and six small conference room chairs that you would like to donate to the Wake County Bar Association, please contact Executive Director Alice Roman (e-mail aroman@ncbar.org or telephone 657-1572).

December 2009 — 7

Tuesday night culminated the WCBA’s inaugural bowling season. Despite injury to their star bowler, Kathy Boyd of the NC School Board Association, Split Happens, a team comprised of Matt Gray and Michael Rainey of Young Moore and Henderson, PA, Kyle Still and Brittany Sinquefield (alternate) of Ward and Smith, PA, and Elizabeth Lee of Frost, PLLC, pulled out a win to secure victory over Delta Strike Force as champions of the 2009 WCBA Bowling League. Split Happens celebrated their winning season over beer and pizza with other league participants. In total, 9 teams and more than 45 lawyers participated in the 10 week bowl-ing season. David Kushner of Brooks Pierce, Dayle Flammia and Chris Lewis of Teague Campbell Dennis & Gorham, and Jay Averitt of SAS Institute, Inc. took home honors for Men’s High Scratch Game, Men’s High Scratch Series, Men’s High Handicap Series, and Men’s High Handicap Game respectively. Ashley Currin of Lewis and Roberts, PLLC, Kathy Boyd of the NC School Board Association, Julia Dixon of Young Moore and Henderson, PA, and Christine Kennedy, a solo practitioner, took home hon-ors for Women’s High Scratch Game, Women’s High Scratch Series, Women’s High Handicap Game, and Women’s High Handicap Series respectively. The season was a rousing success. Thanks again to everyone who participated and to Pleasant Valley Lanes. Stay tuned for more information about a spring bowling league!

Wake County Lawyers Move to Strike!Toni-Ann Herwig and Michael Rainey, Bowling Co-Chairs

Split Happens – Matt Gray, Elizabeth Lee, Brittany Sinquefield, Michael Rainey and Kyle Still

Rolling Thunder – Chris Lewis, Dayle Flammia, Brad Inman, Darrin Gamradt and Bryan Simpson

Learned Hand – Mike Fury, David Kushner, Andrew LeLiever, Chip Keagy, Jake Epstein and Sam Forehand

8 — Wake Bar Flyer

Back row left to right: Mike Ostrander, Jeff Rosner, John Russell, Dave Holm, Glenn Joyner

Front row left to right: Walter Tenney, Laura Lamkin, Devan Culbreth, Devon Glick, Lisa LeFante, Jenny Bradley, Jess Mekeel

My good friend and co-manager Ronnie Ansley was not able to play in the championship game, but his friendship, leadership and pitching were valued thought the season.

David E. Holm

We’re Off and Running!Lawyer Support Committee Pamela W. McAfee, Chair Bettie K. Sousa, Vice ChairWe told you recently of the “re-branding” of the Lawyer Support Committee, which for many years has been honored to tout the BarCARES program, but which has expanded its role to better help our members.

We are excited to report that we have had several volunteers contact us to assist us with our efforts. And, we have undertaken to reach out to several of our members who suffered a death in their family, and to at least one who underwent major surgery.

We continue to need your help to TELL US when you learn of someone who would appreciate knowing that we care. Call Alice Roman at 657-1572 and she’ll get in touch with one of our committee members. Thank you for helping us help you.

Softballl Team Completes the Season

Special ThanksSpecial thanks to the following sponsors of the Nov. 19 WCBA/Tenth Judicial District Bar Strategic Planning Reception held at the RBC Center:

GreG Patterson

December 2009 — 9

Professionalism committeeLori Vitale, Chair; David Long, Vice-Chair

The Professionalism Support Initiative (PSI)The Professionalism Support Initiative (PSI) is a confidential voluntary lawyer and judge as-sistance program that handles client-lawyer, lawyer-lawyer, and lawyer-judge issues. The purpose of PSI is to contact fel-low lawyers who may need some assistance with professionalism, promote professionalism and thereby bolster public confi-dence in the legal profession. PSI uses local Wake County Bar Association volunteer peers to communicate privately and informally with lawyers and judges who receive significant or repeated complaints that may not rise to the level of ethics or professional respon-sibility violations. PSI involve-ment can be requested by filing a statement with the Wake County Bar Association (con-tact Alice Roman at 657-1572), the NC State Bar, the Judicial Standards Commission, or the Chief Justice’s Commission on Professionalism (contact Mel Wright at 890-1455). Volunteers are usually colleagues and respected members of the Wake County Bar who meet confiden-tially with the lawyer or judge in order to discuss the profession-alism issues at hand, mediate situations, or when necessary, make a referral to an appropri-ate assistance based agency.

Leonard T. Jernigan, Jr., attorney and adjunct professor of law, is pleased to announce that his 2009 supplement to Jernigan’s North Carolina Workers’ Compensation: Law and Practice, with Forms (4th edition) is now available from West, a Thomson Reuters business (1-800-344-5009).

- Board Certified Specialist in Workers’ Compensation Law

Leonard T. Jernigan, Jr. - NFL and National Hockey League Workers’ Attorney at Law Compensation Panel Member

______________________________________________________________

THE JERNIGAN LAW FIRM Leonard T. Jernigan, Jr.

N. Victor Farah Gina E. Cammarano Kristina K. Brown Practice Limited To: Workers’ Compensation Serious Accidental Injury/Civil Litigation

Wachovia Capitol Center 150 Fayetteville Street Suite 1910, P. O. Box 847 Raleigh, North Carolina 27602

(919) 833-1283 (919) 833-1059 fax

www.jernlaw.com

10 — Wake Bar Flyer

Since its first grants were awarded in 1984, the North Carolina IOLTA program has provided more than $50 million for legal assistance for at-risk children, the elderly, the disabled, and the poor in need of basic necessities. In addition, the program has helped lawyers connect with those who need their pro bono assistance.

Though current economic conditions will mean that grants will be seriously curtailed in the immediate future, in 2009, NC IOLTA administered just over $4 million in grants, compared to $200,000 25 years ago. (In addition, NC IOLTA now administers more than $6 million in state funds annually for legal aid that pass through the NC State Bar.)

Providing civil legal services to indigents historically accounts for 87 percent of grants awarded. In addition, the NC IOLTA program makes grants for programs de-signed to improve the administration of justice.

“IOLTA grants certainly help us fulfill our responsibilities outlined in the Rules of Professional Responsibility,” said Former NC State Bar president Steve Michael, who successfully worked for mandatory IOLTA in North Carolina. “Providing access to justice is one of the big obligations we assume, and this is one method of fulfilling those obliga-tions.”

Michael said that the IOLTA board has done a good job over the years in selecting programs that have the biggest impact in providing access to justice. He said it is ap-propriate that the bulk of the grant money goes to legal services for the poor.

“The stable funding and critical project sup-port that IOLTA provides has been critical to protecting safety-net income such as food stamps, unemployment insurance, social security, and other disability benefits, which will be at the forefront of our work again in 2010,” said George Hausen, Executive Director of Legal Aid of North Carolina.

“IOLTA funding makes possible our Mortgage Foreclosure Project unit, which

is a resource and clearinghouse for all our foreclosure work across North Carolina,” said Victor Boone, Senior Managing Attorney of LANC’s Raleigh Office and Regional Manager of LANC’s Triangle Region. “IOLTA funding has also permit-ted the project this year to train over 150 volunteer lawyers from the NC Bar Association and the NC Advocates for Justice for the project and over 300 housing and credit counselors, whose participation has augmented our resources and allowed us to educate and identify hundreds of clients.” The LANC Mortgage Foreclosure Project (MFP), which originally was funded through a combination of IOLTA and out-side grant funding, has saved the homes and the credit of over 500 families across North Carolina in the past two years.

“Unlike the support of private foundations, which is often project oriented, IOLTA funds are generally used for operating sup-port,” said Evelyn Pursley, executive direc-tor of the NC IOLTA program. “However, we have responded to specific needs, especially where projects improve overall efficiency and the ability to meet client needs.”

“IOLTA was the chief benefactor of our technology system for the new Legal Aid of North Carolina organization in 2002,” said George Hausen. “This included the instal-lation of a web-based, integrated, statewide case management system (CMS), state-of-the-art work stations and Internet/Intranet websites. Utilization of technology has greatly increased our ability to efficiently manage, document, report and communi-cate case data and information across the organization and consequently dedicate more time to assisting client and commu-nity outreach.”

Also, “With funding from IOLTA, our Centralized Intake Unit (CIU) began opera-tion in April 2006,” said Victor Boone. The CIU specializes in handling incoming calls of first-time clients and providing first-rate legal advice or brief service in situations where the client seeks only or needs only advice or brief service. In situations where the client needs more than advice or brief

service, the CIU transfers those cases to a local office.

Boone explains, “The project initially pro-vided intake by telephone for our Triangle Area offices, expanded our intake and brief service advocacy and directly aided the abil-ity of local managing attorneys and practice group managers to spend more time on supervising and mentoring local staff in actual representation.” The CIU has since expanded to handle intake services for 15 of the 24 LANC offices across North Carolina. Last year, LANC’s Centralized Intake Unit took 10,503 telephone calls from new cli-ents and closed 7,859 cases with advice or brief service.

The first proactive grant-making done by IOLTA itself came in 1992 when it offered grants to volunteer lawyer programs to en-sure that VLPs were established statewide. IOLTA continues to provide about $500,000 each year for volunteer lawyer programs that put private practice attorneys together with clients who need pro bono services.

“Private bar participation in our Volunteer Lawyer Program enables us to maximize our staff and limited resources so that more clients are provided assistance and gain access to the legal system,” said Celia Mansaray, Private Attorney Involvement Coordinator for LANC’s Raleigh Office.

“IOLTA funding has played a major role in the success of our Volunteer Lawyers Program,” said Victor Boone. “ For many years, Wake County VLP lawyers have typically obtained or preserved benefits for clients totaling approximately one million dollars annually.”

“But there are also grants IOLTA has made to start up programs that further the ad-ministration of justice,” said Steve Michael. “Once the programs are up and running, the funds will come to keep them going.”

For instance, Pursley, recognizing a need for more collaboration, was instrumental in creating the Equal Justice Alliance as a forum for civil legal aid providers who receive IOLTA funding to discuss coordina-

Nc ioltA celebrates twenty-fifth Anniversary Evelyn Pursley

December 2009 — 11

“Raising The Bar” — A New Professionalism Program for Nominating People for Acts of Notable Professional ConductBy Lori Vitale, Chair, Professionalism CommitteeThe Wake County/Tenth Judicial District Bar is initiating a new program called “Raising the Bar” which is loosely based on and inspired by a similar program utilized in the State of Washington. This program is designed to allow lawyers to be able to nominate other lawyers for recognition for specific acts of professionalism. It is very easy to participate.

The form can be found as a permanent standard form in the Wake County Bar Association web page (go to wakeccountybar.org, click on “Forms,” click on “Raising the Bar Nomination”) and fill out that form. The form is user-friendly, and will take less than 15 minutes to complete. There are certain practical restrictions (listed in the form), such as you cannot nominate your blood relative or somebody you work with. Also, the professional-ism has to be described through a specific act or acts, and not just as general respect for a colleague.

Once you send the form in (easily done by fax, e-mail or regular mail, just follow the direc-tions on the form) it will be reviewed by a committee and if it appears the nomination is appropriate (the Bar facilitates but does not place its imprimatur on the nomination), the person being nominated will receive a letter giving that person three options. They are: (1) the opportunity to decline the recognition; (2) the opportunity to receive the recognition, in the form of oral or written recognition by listing only his/her name, or if the nominee so authorizes; or (3) to receive recognition by way of a summary of the specific acts that gave rise to the nomination.

This is not the time to thank somebody for lending you $5 to buy lunch, but on the other hand it is the perfect time to show your thanks, and to “raise the bar” for the rest of our local Bar, by demonstrating a specific way that professionalism from one lawyer can ripple out to many other lawyers and make us a better local Bar. Recognition may include men-tion at a Bar meeting, listing of the nominee in newsletters or on the website, or through other mention in Bar communications. Please go to our website and make a nomination today!

BAR CENTER SPACE AVAILABLE Lawyers Mutual’s move to a new facility nearby has created a unique opportunity for lawyers, firms and law-related enterprises to lease space in the N.C. Bar Center. Approximately 6,000 square feet of prime office space is available.

Access the link below for additional information or contact Tom Purdy via e-mail (barcenter@ncbar.org), phone (1-800-662-7407 or local 919-677-0561) or FAX (919-657-1585).

The N.C. Bar Center is home to the N.C. Bar Association, the NCBA Foundation, the N.C. Association of Defense Attorneys, the Wake County Bar Association/10th Judicial District Bar and Lawyers Insurance, a wholly owned subsidiary of Lawyers Mutual that will remain at the Bar Center. http://www.ncbar.org/news/1/3717/index.aspx

tion of legal services and efforts to increase resources. That group now meets regularly.

IOLTA grants were also instrumental in es-tablishing the North Carolina Equal Access to Justice Commission in 2005. IOLTA fund-ed staffing and activities of the Commission, including the hiring of a full-time director for the Commission and the Alliance. The Commission will receive funding through the State Bar beginning in 2010.

“Our (IOLTA) program has been and is still an active participant in determining how the problem of providing access to justice in our state should be addressed,” said Tom Lunsford, executive director of the NC State Bar. “Our board and our staff are appropri-ately and usefully involved in shaping policy and in rationalizing the delivery of legal services. Our philanthropy is active and responsible, not passive and disengaged.”

In honor of NC IOLTA’s 25th anniversary, the NC State Bar Journal published a three-part series of articles on NC IOLTA. The entire series of articles can be accessed on the State Bar’s website at: http://www.ncbar.com/IOLTA_articles.pdf.

Silent Partners Seeks MentorsThe Wake County Bar Association Silent Partners Mentorship Program is currently seeking volunteers to serve as mentors. Mentoring is a minimal time commitment but provides a valuable service to new members of the Wake County Bar. Please contact Rob Everett at reverett@wyrick.com, 781-4000 if interested.

12 — Wake Bar Flyer

Need to Reach Us? Here’s HowWake County Bar AssociationPhone 677-9903Fax 657-1564Mail P.O. Box 3686 Cary, NC 27519-3686

President - WCBAE.D. Gaskins, Jr.Everett Gaskins Hancock & Stevens127 W. Hargett St., Ste. 600Raleigh, NC 27601755-0025ed@eghs.com

President - Tenth J.D. BarDouglas J. BrockerThe Brocker Law Firm PA5440 Centerview Dr., Ste 200Raleigh, NC 27606-3363424-6334doug@brockerlawfirm.com

Staff E-mailARoman@ncbar.orgMDover@ncbar.orgKRuppert@ncbar.orgJLinton@ncbar.org

Wake Bar FlyerChairMike TadychEverett, Gaskins, Hancock

& Stevens, LLPP.O. Box 911Raleigh, NC 27602-0911755-0025 (Phone)755-0009 (Fax)mike@eghs.com

Wake Bar FlyerJames Hash, EditorEverett, Gaskins, Hancock

& Stevens, LLPP.O. Box 911Raleigh, NC 27602-0911755-0025 (Phone)755-0009 (Fax)james@eghs.com

Public Service ProjectsPublic Service CommitteeEric Stevens, ChairCarrie Barbee, Vice-Chair

Please consider the following requests for as-sistance:

The Capital Area Teen Court is an alternative sentencing program for first offender youth who commit a misdemeanor and admit guilt to the charge.

The Teen Court is funded by a grant from the North Carolina General Assembly. Due to budget cuts, however, the Teen Court received $20,000 less than it needs this fiscal year to run its operations. One way members of the Bar can help is to provide them with office supplies they would otherwise not be able to afford. Amy Hall, the administrator of Teen Court (856-5671), provided the following list:

• standardstaples• folderswithpocketsoneachsidewithfas-

teners in the center -paper clips (large and small)

• pens(SanfordUniball)• scotchtaperefills• printerpaper• colored/blackinkforDell948printer• Post-itnotes• clearaddresslabels• colored/blackinkforDellPhoto966printer

(for 2 printers)• manilafolders(3tabpositions)• Sharpiehighlighters• correctiontape/whiteouttape• legalpads• pencils• liquidpaper

We greatly appreciate your help.

Assistance league of the triangle Area (ALTA) Thrift Shop (Antiques to Zippers Resale Shop) is located at 1689 North Market Drive, Raleigh, NC 27609. (Phone number is 875-8901.)

Shop for household furnishings and much more. Volunteers work to support Operation School Bell, WIN (Women In Need), KID’S PLACE at Wake Med (856-5671) and Scholarships. Many of these programs support family development. The Thrift Store is open Wednesday, Thursday, Friday and Saturday 10:00–4:00. (ALTA accepts donated items and will provide receipts for income tax purposes.)

Guardian ad litem — Volunteers are needed to serve either as (1) guardians ad litem, to investi-gate and advocate for the best interests of abused and neglected children in juvenile court, or (2) pro bono appellate attorneys, to either appeal juvenile court decisions or defend against appeals on behalf of the best interests of the children. If you are interested in option one, contact Naeime Livingston at 755-4120 or naeime.n.livingston@nccourts.org. If you are interested in appellate work, please contact Kurt D. Stephenson or kurt.d.stephenson@nccourts.org or visit their Web site at www.nccourts.org/Citizens/GAL/Default.asp.

YmCA Big Brothers Big sisters — Volunteers are needed to mentor youth ages 8–16 in the Wake County area. Training and ongoing support are provided. Required time is extremely flex-ible. If interested, contact Ruel Charles or Eva Hobson at 828-1140.

If you know of a community need, contact Elaine Whitford, 789-9315, or whitelaine@aol.com.

December 2009 — 13

Nort h State Bankwishes

youa

Merry Christmas

and a prosperous New Year!

www.northstatebank.com | 919.855.9925

WAkE COuNTy BAR ASSOCiATiON

BEST MEMBErShIP BENEfITS

– Bar None! ➧ BarCArEs Program

(Family Members)➧ Bar Flyer Electronic

Newsletter➧ monthly luncheon

meetings➧ Website –

www.wakecountybar.org➧ socials Family Picnic Fall Members Only

Party Holiday Party After-Work Socials➧ Pictorial Membership

Directory➧ free ClE Programs➧ Membership in Young

Lawyers Division for Qualifying Attorneys

➧ Athletic Events Golf Tournament Tennis Tournament Basketball League Softball League Volleyball Tournament➧ Over 25 Professional

Committees➧ social Networking

– facebook and linkedIn

Plus More! — Join Now!

Questions? Call 677-9903

14 — Wake Bar Flyer

committees of the Wake county Bar Associationand tenth Judicial District Bar

The Athletics Committee directs the basketball league, softball league, annual golf tournament and the annual tennis tournament.

* The Bar Candidate Interview Committee is responsible for arranging and conducting bar candidate interviews for the February and July bar examinations.

The Bar Flyer Committee oversees the publishing of the monthly Wake Bar Flyer.

** The Bench-Bar Committee serves as a liaison between the Bar and members of our judiciary in Wake County.

The CLE Committee coordinates and plans local Bar CLE programs.

The Directory Committee oversees the membership online directory.

The Endowment Scholarship Award and Oversight Committee oversees the selection of the winners of annual memorial scholarships and the investment of memorial scholarship funds.

* The Facilities/Public Records Committee coordinates the needs of the attorney workspace in the Wake County Courthouse and coordinates the needs of the Wake County Bar office at the Bar Center.

* The Fee Dispute Resolution Committee of the Tenth Judicial District Bar exists to resolve disputes involving fees between lawyers and clients.

* The Grievance Committee investigates complaints against members of the Tenth Judicial District Bar and makes recommendations of whether probable cause exists for finding a violation of the Rules of Professional Conduct. (Must be licensed in NC for 5 years.)

The History Committee collects and organizes records and other items that pertain to the history of the Wake County Bar Association.

** The Lawyers Support Committee provides assistance to lawyers in need, including promotion of the BarCARES program.

** The Long Range Planning Committee is charged with looking ahead to propose programs to meet the needs of our membership in the years to come.

The Membership Services Committee from time to time surveys the membership and makes recommendations to the Board as to additional services that would benefit its members.

* The Memorial Committee is responsible for a semi-annual program where deceased members of the Bar are memorialized.

** The Professionalism Committee is charged with exploring ways to promote professionalism among attorneys.

The Professionalism Award Committee oversees the selection of the recipient of the Justice Branch Professionalism Award.

The Public Service Committee coordinates community projects that Wake County Bar members can participate in as a group.

The Social Committee, traditionally one of the most active in the Wake County Bar Association, plans the Holiday Party, Fall Social, Family Picnic, Afterwork Socials, and other social functions throughout the year.

The Summer Programs Committee coordinates an annual summer clerk orientation program.

** The Swearing-In Ceremony Committee coordinates the semi-annual swearing-in ceremonies for new attorneys who have passed the bar exam.

** The Technology Committee explores available technology that will enable the Bar and the justice system to work more efficiently and effectively for the profession and the public.

*Tenth Judicial District Bar Committee**Tenth Judicial District Bar and Wake County Bar Association Committee 7/08

December 2009 — 15

2010 committeesThis year has again been a year of growth for the Wake County Bar Association and the Tenth Judicial District Bar. With growth comes changes. Our goal is to keep up with the growth and continue to better serve the attorneys and community of Wake County. We need the help that so many of you are prepared to give. Please take a moment and consider your role in the Wake County Bar and the Tenth Judicial District Bar. If you have any interest in serving on any of the following committees, please fill out the survey below, number in order of preference and return to:

2010 Committee SurveyWake County Bar AssociationP.O. Box 3686Cary, NC 27519-3686Fax (919) 657-1564

I am willing to serve on the following committee(s)(Committee members will be selected later this year. Appointment letters will be mailed shortly thereafter.)

PLEASE NUMBER IN ORDER OF PREFERENCE

Name: _________________________________________________________ Telephone: ___________________________

Address: ____________________________________________________________________________________________

__________________________________________________________________________________________________

E-mail address _______________________________________________________________________________________

†List Practice/Specialty Areas of Law ________________________________________________________________________

Please check the category that applies to you:

❑ I am a Wake County Bar Association member

❑ I am a Tenth Judicial District Bar member

❑ I am both a Wake County Bar Association member and a Tenth Judicial District Bar member

___ Athletics

___ Bar Candidate Interview*

___ Bar Flyer

___ Bench-Bar**

___ CLE

___ Directory

___ Endowment Scholarship Award & Oversight

___ Facilities and Public Records*

___ Fee Dispute Resolution*†

___ Grievance*†

___ History

___ Lawyers Support**

___ Long Range Planning**

___ Membership Services

___ Memorial*

___ Professionalism**

___ Professionalism Award

___ Public Service

___ Social

___ Summer Programs

___ Swearing-In Ceremony**

___ Technology**

*Tenth Judicial District Bar Committee**Tenth Judicial District and Wake County Bar Committee

1/09 Note: Please copy this form if you are mailing your information to the WCBA.

16 — Wake Bar Flyer

Established 1976

?Have you moved or changed law firms? Do you have a new e-mail address? If so, please fill out the change of address form on page 15 and fax it to the WCBA office at 657-1564.

Don’t ForgetKeep your membership records

up to date (including e-mail address).

Call Maria Dover at 659-1441 or e-mail her

at mdover@ncbar.org.

CLASSIFIED ADVERTISEMENTSLaw Office Suite Available – 294 feet from Wake County Courthouse, 3 executive offices, spacious reception/waiting room, private restroom and separate workroom, your own thermostat, elegant and recently refurbished, 17 ft. ceilings. Call Deborah (919) 834-7004.

WcBA Young lawyers Division Upcoming ActivitiesYLD Quick CalendarDec. 3 6:00 p.m. YLD Board Meeting & Social @ Fins (Davie Street)

Holiday Clothing DriveThe YLD reminds everyone to continue rummaging through your closets in preparation for the 10th Annual Clothing Drive. Please take donations to your firm coordinators for collection by December 11th. Please see the detailed announcement in this edition of the Bar Flyer (page 19) for additional details and stay turned for specific collection dates and sorting locations!

December 2009 — 17

Merritt Videoworks

DepositionsDay In The Life VideosVideo Editing for Trial

Robert T. MerrittOwner / Producer

919-878-4442

(Currently videotaping WCBA, NCBA and NCATL CLE programs

and “This is the Law” Hispanic/Latino Workshops

and Memorial Services.)

Interested in Serving

on a Committee?Contact Kathy Ruppert

at the Wake County

Bar Association

657-1573or

kruppert@ncbar.org.

BarCARESConfidential attorney resourCe and enriChment

serviCes

(A Benefit of Your Tenth Judicial District Membership)

Confidential u Free u Professional

Assistance With

Personal Issuesu Individual Emotional Stressu Interpersonal Stress/Conflictu Physical Symptoms of Stressu Marital/Family Problemsu Substance Abuseu Retirement Issuesu Personal Financial Concernsu Medical Problems

Professional Issuesu Job Dissatisfaction or Job Matching Problemsu Substandard Performanceu Office Communicationu Intra-firm Conflictu Career Reassessmentu Attorney Performance Evaluationsu Professional Financial Concerns

Call 1-800-640-0735 24 Hours Per DayIn Wake County, you can also call 919-929-1227

Wake County Bar Association Directory/Membership Update Changes

Name: ___________________________________________________________________

Mailing Address: ___________________________________________________________

City/State/Zip: _____________________________________________________________

Telephone: _____________________________ Fax: ______________________________

E-mail address: ____________________________________________________________

Firm: ____________________________________________________________________

Spouse: __________________________________________________________________

If any of your “vital statistics” have changed since the latest WCBA Directory was issued, please complete this form and return to: Maria Dover, WCBA Directory Change, P.O. Box 3686, Cary, N.C. 27519-3686 or fax it to her attention at 657-1564.

Please note that any change in your WCBA records will change your NCBA data records.

18 — Wake Bar Flyer

Basketball Sign-Up

Are you ready for the 2010 Lawyer’s League Basketball season? Well, start taking the stairs, hide your remote, or at least pump your own gas. The league starts Saturday morning January 9 at Ravenscroft School and finishes before the ACC tournament, same as it ever was. Referees will call the games, for which we’ll need $15 from each player for the year.

Fax in this form, then go find YOUR form.

Name _________________________________________________________________________________________

Employer ______________________________________________________________________________________

Height ____________________

Weight ____________________

Law School Class Year __________________________________________________________________

Work Phone _______________________________ Fax ______________________________________

Home Phone _______________________________

E-mail Address _________________________________________________________________________________

Who captained your last Lawyer’s League team? __________________________

I can play: _____ Every Saturday _____ Most Saturdays

At your first game, please give your captain a one-time contribution of $15 towards the referees’ salaries.

Please complete and fax to: Jason Tuttle by December 28 at 832-9502. Questions? Call 828-4800.

December 2009 — 19

CLOTHING DRIVE!!

The Young Lawyers Division of the Wake County BarAssociation is gearing up for itsTenth Annual Clothing Drive

to benefit homeless and low-income individuals andfamilies in Wake County -- and we need your help…

In late November and early December, we’ll be collecting usedclothing from the Wake County legal community. We would begrateful for any donation you can make of used (but pleaseclean) clothing and other necessary items for children andadults, such as warm clothing, winter sweaters, coats, gloves,sleeping bags, blankets, sheets, and towels. Many firms willhave a volunteer coordinator who will e-mail you soon withmore details. If you don’t have a coordinator, please contactone of the organizers listed below.

All members of the legal community from the courtroom to theclassroom are welcomed and encouraged to give back in whateverway you can. Our goal is to help the folks in our communitywho would otherwise go without. Please have a look around tosee if you have any items you are willing to donate to thisworthy cause. Your donations and time are critical to oursuccess.

Thank you in advance for your generosity.

Randolph (Tre’) Morgan III: tmorgan@nicollscrampton.comJeff Bradford: Jeff.Bradford@elliswinters.comCaroline Koo: ckoo@coa.state.nc.usDrew Hathaway: ahathaway@cshlaw.comBeth Tanner: btanner@cshlaw.com

20 — Wake Bar Flyer

OFFICERSWake County Bar and Tenth J.D. BarE.D. Gaskins, Jr., President, Wake County Bar AssociationDouglas J. Brocker, President, Tenth Judicial District BarNan E. Hannah, President-ElectAshley Matlock Perkinson, SecretaryAllan B. Head, TreasurerJohn I. Mabe, Jr., Immediate Past President

DISTRICT BAR COUNCILORSVictor J. Boone Sally H. Scherer John N. (Nick) Fountain John M. SilversteinM. Keith Kapp Cynthia WittmerDavid W. Long

BADGER-IREDELL FOUNDATION, INC.OFFICERSPresident Thomas H. Davis, Jr.Vice President John Nicholas FountainSecretary Thomas L. Norris, Jr.Treasurer Judge Robert B. Rader

BOARD OF DIRECTORSGeorge M. Anderson William E. Brewer, Jr.Thomas H. Davis, Jr. John N. FountainHolmes P. Harden Wilson HaymanRobert D. McMillan, Jr. Staci T. MeyerFred P. Parker, III Judge Robert B. RaderMark S. Thomas Thomas B. Wood

BOARD OF DIRECTORSBradley J. Bannon Brian O. Beverly Julian D. (Bo) Bobbitt, Jr. Christopher W. Brooks C. Blythe Clifford Nicholas J. Dombalis IIMargaret P. Eagles Theodore C. Edwards II Caroline Farmer Michelle L. FrazierDavid E. HolmLucy N. Inman

Judge Shannon R. Joseph Judge Ned W. MangumJoseph E. Propst Judge Vinston M. Rozier, Jr. Karen Britt PeelerJ. Heydt PhilbeckRobert J. Ramseur, Jr.)Eric P. StevensHannah G. StyronMichael J. TadychHarriet F. Worley

ABA DELEGATERoger W. Smith, Sr.

YOUNG LAWYERS DIVISIONJennifer Morgan, President

Wake Bar FlyerJames Hash, EditorP.O. Box 911Raleigh, N.C. 27602-0911(919) 755-0025 / 755-0009 faxJames@eghs.com

EXECUTIVE DIRECTORAlice G. RomanP.O. Box 3686Cary, N.C. 27519-3686(919) 657-1572 / 657-1564 faxARoman@ncbar.orgFor advertising information, see page 2.

WAKE COUNTY BAR ASSOCIATION, INC.P.O. Box 3686Cary, N.C. 27519-3686www.wakecountybar.org