wake county bar association est. 1925 · 2018. 4. 4. · wake county who best exhibits the...

Vol. XXXV, Number 8 August 2009

Wake County Bar AssociationEst. 1925

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

LOOKING AHEAD:WCBA Meeting ScheduleAugust No MeetingSeptember No MeetingOctober 6 12:30 p.m. Woman’s ClubNovember 3 12:30 p.m. Woman’s ClubPlease check the Bar Flyer to confirm the meeting location.

SeptemberSeptember features our Family Picnic at Pullen Park in Raleigh on Sept. 11. See page 4.On Oct. 6, join us at the Woman’s Club for lunch and another Professionalism roundtable discussion.

Upcoming Meetings

I beg your indulgence to permit me in this column to share a personal remembrance and tribute. At a recent interview, a reporter asked me to what I attributed my success as an at-torney. I told her any success I had achieved was largely the result of my good fortune to have excellent mentors and colleagues with whom I have worked over the years. One of those was Robinson O. Everett, who died on June 12.

I met Professor Everett as a first-year law stu-dent at Duke in 1963. I was immediately im-pressed with his kindness and interest in all of his students, his great energy, and his “legend.” That legend included graduating from Harvard at age 19 and becoming a Duke law professor at age 22; a law partnership with his parents, R.O. Everett and Kathrine Everett, who were a force in the legal community in Durham and through-out North Carolina; and his entrepreneurial accomplishments which included ownership of the apartments where I lived, the Sir Walter Hotel, and several radio and TV stations. Who could have ever imagined that I would have the opportunity to become associated with

continued on page 2

Professionalism Award NominationsJ. Allen Adams, ChairSidney S. Eagles, Jr., Vice-ChairNominations for the Joseph Branch Professionalism Award are being accepted through Sept. 4, 2009. The award, which is to be presented each year to the practicing lawyer (25 or more active years in the practice of law) in Wake County who best exhibits the qualities of professionalism, will be presented at the November WCBA meeting.

If you have a name to submit, please use form on page 7.

Tennis Tournament Oct. 2The annual Wake County Bar Association Tennis Tournament will be held at the Carolina Country Club on Friday, Oct. 2, 2009, beginning at 1:00 p.m. Lawyers Mutual and Attorneys Title will sponsor the tournament this year. Trophies will be provided to champions and runners up. Refreshments and sandwiches will be served on the patio beside the courts. The entry form is on page 9.

We Have Moved!

The WCBA/Tenth Judicial District Bar offices have moved from the second floor of the NC Bar Center to the 3rd floor, Suite 330. Plan to visit our new office when you’re in the Bar Center.

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 [email protected] 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 [email protected]

Please Note!

DEADLINESeptember IssueAug. 18, 2009

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

ADDITIONAL DEADLINESIssue Date Submission DeadlineOctober 2009 Sept. 15November 2009 Oct. 6December 2009 Nov. 10

Inside This IssueActivity PageFamily Celebration Participation

Form ............................................4WCBA Meeting Dates ........................5Professionalism Award Nomination

Form ...........................................7Upcoming Meetings of

Other Organizations ...................8Tennis Tournament Entry Form .........9WCBA YLD Activities .......................13Member Information

Change Form ............................15WCBA Bowling ................................172010 Committee Sign-Up Form ......19BarCARES Information ....................23

Professor Everett as more than a former student and casual friend!

Twenty-seven years later I found myself in a law firm with his mother! (She was the original Everett of Everett, Gaskins, Hancock & Stevens). Robinson was serving as the first Chief Judge of the Court of Military Appeals. That court is equivalent to the Supreme Court for military law. When Robinson left the bench in 1992, he became a part of this firm. I saw him almost weekly for the next 17 years.

What a mentor for the entire Bar! He continued to befriend students and young lawyers and he was constantly available for advice and guid-ance. He was always friendly, always positive, always humble and generated new ideas easily and constantly. He had seemingly boundless energy and knew virtually everyone. He pulled a lot of us along with him as he made his way through the legal community.

I remember him sitting in my office and explain-ing to me that he had learned of a marvelous organization to promote professionalism among the Bar. It was called the American Inns of Court. The next thing I knew I was a founding member of the Braxton Craven Inn of Court, with Robinson serving as its first President. He persuaded the Duke Law administration to provide logistic support and convinced lawyers in both Wake and Durham Counties to join to-gether to form the Inn. The Inn is still active and meets half the time at Duke Law School and the other half at Café Luna in Raleigh. I’m still active in the Inn as was Robinson until his death.

I remember another conversation in which he explained that a business entity in which he was involved was a creditor of another business enti-ty which was in bankruptcy. He and his partners, one of whom was my former bankruptcy law professor at Duke, wanted me to represent their partnership in a contested matter in the bank-ruptcy. It was a real experience representing my bankruptcy professor in a bankruptcy matter. With Robinson and the professor, all I had to do was listen and wisely follow their guidance. We concluded that matter successfully.

It was a rare treat to sit as a member of the Supreme Court Bar while I watched Robinson argue one of his several re-districting cases in the United States Supreme Court. He even afforded me the privilege of working behind the scenes on the brief. It was my one and only experience with a matter before the United

States Supreme Court. I was present when he celebrated his retirement from the Court of Military Appeals. I watched in awe the marvel-ous CD produced by his son, Greg, which was a tribute to Robinson, not only as a great lawyer, judge, and businessman, but most importantly, as son, a husband, and father. I was there when he was recognized by the North Carolina Bar Association with the John J. Parker Award in recognition of conspicuous service to the cause of jurisprudence in North Carolina. That is the highest award made by the Bar Association. I was there when the State Bar recognized Robinson with the I. Beverly Lake Professionalism Award.

Over the years, I met so many interesting people at Robinson’s invitation. I had dinner with judg-es from across the U.S., and literally, the world. At his 80th birthday party, he gathered one of the most eclectic groups that you would likely ever encounter. There were family members and old friends from Durham as well as appel-late and trial judges from other states who were Robinson’s former students. How great to be a friend of Robinson’s!

I will not likely ever forget the last time I en-countered Robinson. It was at the Wake County Bar Association meeting on June 9. He rarely missed a meeting of either the Wake County Bar or the Durham County Bar. Robinson and his wife, Lynn, regularly attended the American Bar Association annual meeting and the North Carolina Bar Association annual meeting. Robinson sought me out to inquire whether my wife, Ann, and I were planning to attend the upcoming North Carolina Bar Association annual meeting. He invited us to join him and Lynn for Saturday night dinner. I told him that we would look forward to it. He told me that the Wednesday before the meeting he had been asked to sit as an emergency judge on two cases before the Court of Military Appeals and had been eagerly reading the briefs in anticipation of hearing those cases. He told me that follow-ing his court service he would attend the Fourth Circuit Judicial Conference and that he would end the week in Asheville on Saturday to attend the Bar Association annual meeting. I com-mented that that was a typical schedule for him. It was clear that he was looking forward to all of those activities.

In all honesty, Ann and I were downcast as we prepared to attend the dinner at the Bar meet-ing. The evening took a brighter turn when we

Message from the President continued from page 1

mailto:[email protected]


August 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.

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 ScheduleLabor Day ....................... September 7Veteran’s Day ................ November 11Thanksgiving .......... November 26, 27

Message from the President continued from page 2

encountered Robinson and Lynn’s son, Luke, and his wife, Sherry, both of whom are now practicing in Durham, thus continuing the family tradition of the Everett and Everett law firm. They accepted our invitation to join us for dinner. I will most assuredly miss Robinson as teacher, friend, and mentor. I take pride though that Robinson and Lynn’s son, Rob, a lawyer in Raleigh, and Sherry and Luke will carry on the family tradition as lawyers. I hope I can mentor them in recognition of the great debt I owe to Robinson for his friendship, mentorship, and example of professionalism to me over the years.

calculate your moves

Lawyers Mutual. Think Ahead.919.677.8900 n 800.662.8843 n Fax: 919.677.9641 n www.lmlnc.com n [email protected]

At Lawyers Mutual Liability Insurance Company, our exceptional risk management programs help you foresee and avoid liability problems. Our malpractice coverage is backed by a seasoned team of claims attorneys who boast a 90% rate of favorable outcomes when notified of a reparable error at the earliest possible date. With our guidance, you can be sure to calculate your next steps so you’re headed in the right direction.

Nominations CommitteeJohn I. Mabe, Jr., ChairDuring September, the Nominations Committee will begin to consider nominations for 2011 president of the WCBA and Tenth Judicial District Bar and for ten vacan-cies on the board of directors for these groups with terms beginning in 2010.The committee will submit to the membership names of two nominees for each position. Anyone who wishes to run for or nominate someone else to run for the Board of Directors should submit nominations in writing to:John Mabe, Jr.Williams Mullen3200 Beechleaf Court, Suite 500Raleigh, NC 27604-1064

A letter of nomination must include biographical infor-mation on the nominee for the Wake Bar Flyer and must include the signature of the nominee indicating his/her willingness to serve. The deadline for nominations is September 1, 2009.

Thank YouThank you for the Our Sympathy notice in the July Bar Flyer for the loss of our Dear Loving Wife and Mother Silvy Anna Murphy. Ed and Eddie Murphy

Our Sympathy

The Wake County Bar Association extends sympathy to the families of Michael W. Hubbard and Judge Robert Alfred Hedrick.


Wake County Bar AssociationFamily Celebration

Pullen Park(Shelters #2, 3, 4, 6 and 9)

September 11, 2009

4:00 Clown Face painting Caricature artist Games for children Other surprises

6:00 Barbecue ’n’ Fixin’s and Hot Dogs

7:30 Celebration comes to a close

There is no charge for Wake County Bar Members and their families.To help with our guarantee, please complete the bottom of this form and return (or fax) by September 8, 2009, to:

WCBA Family CelebrationP.O. Box 3686Cary, NC 27519-3686Fax (919) 657-1564

Come early if you want to enjoy the Carousel and Amusement Rides!! (The rides close at 4:00 p.m.)

Name __________________________________________________________________

Daytime Phone __________________________________________________________

Number Attending _____ Adults _____ Children

Ages of children _________________________________________________________

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

August 2009 — 5

2009 WCBA Luncheon Meetings

Please mark these upcoming dates on your calendar. All meetings will begin at 12:30 p.m. We hope to see you at each meeting!August No MeetingSeptember No MeetingOct. 6 Woman’s ClubNov. 3 Woman’s ClubDec. 1 North Raleigh

Hilton 12:15 p.m.

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.)

Fall Swearing-in Ceremony for Newly Admitted AttorneysOn Monday, September 21, 2009, at 2:00 p.m. in the Meymandi Concert Hall of the Progress Energy Center for the Performing Arts located on South Street between Salisbury Street and Wilmington Street in downtown Raleigh, the Wake County Bar Association will host its annual Swearing-in Ceremony for those individuals who pass the July Bar Exam. The ceremony will be held to admit these newly minted lawyers to practice in the courts of North Carolina.

Interested in Serving

on a Committee?Contact Kathy Ruppert

at the Wake County

Bar Association

657-1573or

[email protected].



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 [email protected]

President - Tenth J.D. BarDouglas J. BrockerThe Brocker Law Firm PA5440 Centerview Dr., Ste 200Raleigh, NC [email protected]

Staff [email protected]@[email protected]

Wake Bar FlyerChairMike TadychEverett, Gaskins, Hancock

& Stevens, LLPP.O. Box 911Raleigh, NC 27602-0911755-0025 (Phone)755-0009 (Fax)[email protected]

Wake Bar FlyerJames Hash, EditorEverett, Gaskins, Hancock

& Stevens, LLPP.O. Box 911Raleigh, NC 27602-0911755-0025 (Phone)755-0009 (Fax)[email protected]

Attention Wake County Attorneys:

You may save a life or help improve the quality of someone’s life. The Lawyer Support Committee has volunteers trained who are always ready, will-ing and able to help others. Don’t put off asking for help for yourself or encouraging someone else to seek help from BarCARES, your Lawyer Sup-port Committee, 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

or call Alice Roman at the Wake County Bar office, 677-9903, for a confidential referral.

Tip of the month: Worry centers on self; prayer centers on God. … And remember, our BarCARES.

WAkE COuNTy BAR ASSOCiATiON

BEST MEMBErShIP BENEfITS– Bar None!

➧ BarCARES Program (Family Members)

➧ Bar Flyer 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

Plus More! — Join Now!

Questions? Call 677-9903

Sanford ThompsonLawyer • Mediator

DRC Certified Mediator

Mediation

Arbitration

919-784-9007

[email protected]

Scheduling:

[email protected]








August 2009 — 7

Joseph Branch Professionalism Award“It should be remembered that the practice of law is a profession and not a business. Law, like the ministry, medicine and teaching, must be service oriented rather than profit inspired. Integrity is an absolute: any compromise is unacceptable and civility is an essential with adversaries, clients, the Bench and Bar. The lack of civility renders the practitioner non-professional.”

With the above in mind, the Joseph Branch Professionalism Award Committee requests nominations for the 2009 Award. Those nominated should have 25 years of active practice in the law.

Nominee’s Name: __________________________________________________________________________________________

Business Address: _________________________________________________________________________________________

General Description of Nominee’s Practice: ______________________________________________________________________

Contributions to the General Practice of Law: _____________________________________________________________________

________________________________________________________________________________________________________

Service to Clients: _________________________________________________________________________________________

________________________________________________________________________________________________________

Service to Community: ______________________________________________________________________________________

________________________________________________________________________________________________________

Service to Bar and Relationships with Lawyers: ___________________________________________________________________

________________________________________________________________________________________________________

Quality of Legal Product: ____________________________________________________________________________________

________________________________________________________________________________________________________

Reputation Among Peers: ____________________________________________________________________________________

________________________________________________________________________________________________________

Ethical Standards: _________________________________________________________________________________________

________________________________________________________________________________________________________

Role Model for Lawyers and Citizenship: _________________________________________________________________________

________________________________________________________________________________________________________

(Please use a separate sheet for additional comments)

Nominator’s Name: _________________________________________________________________________________________

Address: _________________________________________________________________________________________________

Telephone Number: ________________________________________________________________________________________

You may be contacted by a member of the Professionalism Committee. All communications will be kept confidential.

Professionalism Award NominationPost Office Box 3686

Cary, North Carolina 27519-3686

Nominations Due by September 4, 2009


Other Meetings

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 [email protected] 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 [email protected] for questions, membership, or CLE information.

Collaborative LawyersAttorneys interested in or practicing family 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 [email protected].

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 [email protected] for reservations and further information.

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 ([email protected]) or Andy Ellen at (919) 832-0811 ([email protected]).

Wake Women Attorneys

Please join Wake Women Attorneys for our regular monthly luncheon on Thursday, Aug. 13 2009, 12:30–1:30 p.m. Our speaker will be Dennis Edwards, President and CEO of the Greater Raleigh Convention and Visitors Bureau.

PLEASE NOTE THE CHANGE IN LOCATION: The Cardinal Club, 150 Fayetteville St, Suite 2800 Raleigh, NC 27601-1395. Telephone: (919) 834-8829. Parking is available in the Alexander Square Parking Deck, located at 120 S. Wilmington Street. Parking will be validat-ed by the Cardinal Club. Lunch is $12.00/members; $15.00/non-members.

Please RSVP to Christine Ryan at [email protected] by Tuesday, August 11th.

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 [email protected]. 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 [email protected].

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,

12:30 PM, 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 [email protected].

Raleigh-Wake Paralegal AssociationThe Raleigh-Wake Paralegal Association has its member luncheon/speaker meet-ing 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 [email protected] 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 [email protected].













www.thecapitalcitylawyers.org




www.rwpa.net




August 2009 — 9

!

ANNUALWAKE COUNTY BAR ASSOCIATION

TENNIS TOURNAMENT(Sponsored by Attorneys Title and

Lawyers Mutual Liability Insurance Company)

WHEN: Friday, October 2, 2009 at 1:00 p.m.

WHERE: Carolina Country Club, 2500 Glenwood Avenue, Raleigh, North Carolina

PLAYERS: Tournament will be limited to members of the Wake County Bar Association and law clerks. Men and Women.

FORMAT: Doubles Tourney I (Open Division) - Open to all players. Partners will be randomly assigned and regu-larly changed in Round Robin play involving several rounds. This is the main draw.

Doubles Tourney II (Championship Division) - Open to intermediate and advanced players. Partners should sign up as a team. Teams will not change in Round Robin play involving several rounds.

COST: Entry/Court fee of $3.00 per person is requested with your entry form. Check should be made payable to “Wake County Bar Association.”

TROPHIES: Trophies will be awarded to winners and runners-up of both divisions. Refreshments and food will be provided for all players and spectators.

Sign up quickly due to limited court space. Please complete and return entry form.

--------------------------------------------------------------------DETACH------------------------------------------------------------------

NAME: ________________________________________________________________________________________

FIRM: ________________________________________________________________________________________

TOURNAMENT: OPEN __________ CHAMPIONSHIP __________

PARTNER:______________________________________________________________

ENTRY/COURT FEE: $3.00 per person. Make check payable to “Wake County Bar Association.”

MAIL ENTRY FORM TO: Tennis Tournament Wake County Bar Association PO Box 3686 Cary, NC 27519-3686

Questions? Contact William W. Plyler @ 821-5124


At the July WCBA luncheon meeting, the following 2008 50-year attorneys were honored.

William F. BrileyA 1953 UNC undergrad with a degree in Business and a 1958 UNC Law School graduate, Bill Briley served with the North Carolina Attorney General’s Office for over 30 years. He started his career in the Highway Division, but after 20 years there, he transferred into the Administrative Division where he represented a number of state institutions, including the State’s mental hospitals and institutions for the developmentally disabled.

Following his retirement, he was a recipient of the Order of the Long Leaf Pine in August 1996.

W. Earl BrittWilliam Earl Britt was born in McDonald community of Robeson County on Dec. 7, 1932, the youngest of seven children of Dudley H. Britt and Mae Hall Britt. He attended the public schools of Robeson County, graduating from Rowland High School in 1950. During his youth he worked on the farm and in the general merchandise store of his father.

In the fall of 1950 he entered Campbell College which, at the time, was a junior college, from which he graduated in May 1952. He transferred to Wake Forest College which he attended in the 1952-53 and the summer of 1953. In November 1954 he entered the U.S. Army and served until September 1955 when he returned to Wake Forest, entering the School of Law on the combined degree program.

He received his B.S. degree in the last graduating class from the old campus in the town of Wake Forest in June 1956. While in law school he served as president of the Phi Alpha Delta Law Fraternity. He received his LLB degree from Wake Forest in June 1958 and successfully completed the State Bar exam in August 1958. From September 1958 until August 1959 he served as research assistant to N.C. Supreme Court Justice Emery B. Denny.

In August 1958 he married June Carolyn Pugh of Graham. To this marriage were born three children: Clifford Paul Britt, Mark Earl Britt and Elizabeth Carol Britt. Clifford Britt is an attorney in Winston-Salem and a member of the North Carolina Bar Association. This marriage ended in divorce and, in 1976, Earl Britt married Judith Moore Thompson, who brought to the family two children, Melissa Thompson and Marvin W. Thompson, Jr. Earl and Judy adopted a daughter, Betty Suzuki.

Britt began the practice of law in Robeson County in 1959 with his brothers, David and N.L., and John W. Campbell, in the firm of Britt, Campbell & Britt, with offices in Fairmont and Lumberton. He continued practicing with his brother, David, until August 1967 when the latter became a judge on the N.C. Court of Appeals.

Thereafter, Earl Britt practiced in Fairmont and Lumberton in solo practice and as a member of the firms of Page, Floyd & Britt and later Page & Britt. He served as a trust-ee of Southeastern Community College and Pembroke State University. He was a mem-ber of the original Board of Governors of the University of North Carolina from 1972-75.

President Carter appointed Earl Britt as U.S. District Court Judge for the Eastern District of North Carolina in May 1980 and he was sworn in on May 30 of that year. During his tenure on the federal bench, Britt served as the Fourth Circuit Representative of the Judicial Conference of the U.S. for six years and as president of the Federal Judges Association for two years (1995-97). Britt took senior status in 1997 and continues to carry a partial case load.

Laurence A. (Larry) CobbI was born in Teaneck, New Jersey, in 1933. We moved to Freeport, Long Island, New York, before I began school. I attended Freeport public schools and graduated from Freeport High School in 1951.

I attended Rutgers University my freshman year in college before transferring to the University of North Carolina at Chapel Hill. I graduated from the Business School in

1955. I then attended Washburn University School of Law for my first two years of study. I decided then that I would much prefer returning to North Carolina rather than practicing law in New York as I had contemplated. Fortunately, I was allowed to transfer to Chapel Hill for my third year of law school. I was awarded a JD. with honors in 1958.

Along with several of my classmates, I applied for a JAG commission in the spring of 1958. Unlike my classmates, my papers were lost. My draft board ordered me to report for induction, but the Pentagon intervened and I finally received my com-mission in the summer of 1959. I worked as a legal research assistant at the Institute of Government during the interim. I served three years of active duty and 27 years in the reserve. I retired as a colonel.

After completing my active duty in 1962, I was hired by Fairley, Hamrick and Hamilton. I became a partner and stayed with the firm and its successors until 1989 when I was appointed to the North Carolina Utilities Commission for an eight-year term. Upon completion of my term in 1997, I be-came Of Counsel to the Sanford Holshouser Law Firm. I continue in that capacity and also have established Cobb Law Firm, PLLC. My practice is limited to utilities regulatory law and is on a part time basis.

After my first few years in Charlotte, I became active politically. I ran unsuc-cessfully for the North Carolina Senate in 1968. However, I had successful races for the North Carolina House and served as minority leader while Jim Holshouser was governor. I retired after three terms when Holshouser’s term was up, but returned to run for the North Carolina Senate in 1985 when Jim Martin ran for governor. I served as minority leader and was in my third term when he appointed me to the Utilities Commission. Between my terms in the General Assembly, I served an eight-year term on the University of North Carolina Board of Governors and was active in Charlotte in a number of organizations.

It is difficult for me to pick one moment as my proudest one as a lawyer. However, I

Wake County Bar Association Honors 50-Year Veterans

August 2009 — 11

was very proud to assist one of my partners when he recovered what was then the high-est wrongful death award in Mecklenburg County. One of my Supreme Court decisions set a precedent in the law on equipment leases and another set a precedent with re-spect to the ownership of submerged lands. Also, I participated in the passage of signifi-cant legislation by the General Assembly involving the rewrite of the Motor Vehicle Code, municipal law and the UCC.

It is difficult to predict the future of the legal profession. To be candid, I have been disappointed at what I perceive to be the change from a lawyer performing as an officer of the court to one who acts as if law is a business and the goal is to win at any cost. We seem to have more disbarments and grievances as dishonesty becomes more prevalent Hopefully, things will change in the future and we will return to the proud days of professionalism.

William A. CreechIn 1953 upon my return to Washington, DC, from a two year assignment in our embassy in Baghdad, Iraq, I entered Georgetown University School of Law at night while on an assignment with the US Department of Commerce. Subsequently, I took a course in English and Comparative Law at the City of London Law School while serving as economic officer in our embassy in London. Upon my return to Washington, I resumed my studies at Georgetown University while working as an economist with the US Senate Small Business Committee. I gradu-ated in 1958 and returned to Smithfield to practice civil and criminal law for two years with my uncle, Louis Levinson, and cousin, Joseph Levinson.

In January 1961 Senator Samuel J. Ervin Jr. appointed me chief counsel of the Subcommittee on Constitutional Rights of the US Senate Judiciary Committee. The subcommittee undertook a number of sig-nificant studies in areas of the law Senator Ervin considered to be neglected including the first congressional studies of the consti-tutional rights of military personnel, of the American Indian, and of the mentally ill.

In 1964, as a member of the District of

Columbia Bar, I went to Berlin, Germany, and met with members of the German Bar. In 1968, I returned to private prac-tice in Raleigh and Durham with the firm of Everett, Everett, Creech and Craven. In 1969 I served as USA Small Business Advisor Counsel in North Carolina and in 1979 was appointed to the National Advisory Council of the SBA. In 1980 I was cited by President Jimmy Carter for out-standing contribution to the White House Conference on Small Business.

I have enjoyed attending the meetings of the NC and American Bar Associations, particularly the meeting in London in 1974 celebrating the fifth anniversary of the first such meeting, where we met the members of the British Bar and judiciary and visited courts while in session. I am also a member of the Braxton Craven Inn of Court.

I served two terms in both the NC House of Representatives and the senate, 1975–1982. In 1982 I was appointed to the district court where I served until mandatory retirement in 1996. During that time I attended a number of programs offered by the Institute of Government, UNC-Chapel Hill, and a two-week session at the National Judicial College in Reno, Nevada. In 1986, I and other judges traveled to Russia, Georgia, Armenia, and Azerbaijan where we met the judges of those countries. Upon retirement in 1996 I served as an emergency district court judge and as an emergency adminis-trative law judge until October 2007.

Articles I have written include: “Congress Looks to Serviceman’s Rights,” American Bar Association Journal Vol. 49, Number 11, November, 1963; “Psychological Testing and Constitutional Rights,” Duke Law Journal 1966; ‘The Privacy of Government Employees,” Law and Contemporary Problems, 1966.

L. Bruce McDanielBorn Dillon, South Carolina, May 26, 1933; admitted to bar, 1958, North Carolina; 1963, Georgia, 1971, US Supreme Court. Education: Wake Forest College (BS 1955; JD 1958). Omicron Delta Kappa (president, 1955-1956); Phi Delta Phi (vice president, 1957-1958). Author: “Basic Requirements and Prohibitions of Securities law,” North Carolina Bar Association Bar Notes; February and May, 1970; “Private Placements of Securities,” The North Carolina Bar, VoL 22, No. 3, 1975 and The

Barrister, Winter, 1976. Guest lecturer on Securities law, University of Georgia, 1965 and Emory University, 1966. Staff attorney, US Securities and Exchange Commission, Manta Regional Office, Manta, Georgia, 1962-1966. Member: Wake County; North Carolina (member, Business law Section), Federal and American Bar Associations; North Carolina State Bar; State Bar of Georgia; North Carolina Academy of Thal Lawyers. Military: captain, JAG, USAF, 1959-1961. Practice Areas: Securities law, Corporation Law. Married and have three children.

Anne Shea RansdellMy life has been happy and satisfying not because of my own accomplishments, but because I have had the great good fortune to be involved with some very special peo-ple. Foremost among these is my husband, William G. “Buck” Ransdell Jr.

Buck and I were classmates in law school and married two weeks after graduation. That August, we, along with Buck’s brother Phillip C. Ransdell (also a special person) took and passed the bar exam. We were sworn in in September, and Buck and Phil opened their law practice in Raleigh with the idea that I would join them when needed.

About a year later, Buck took the opportu-nity to become an assistant to the district solicitor, a part time job which paid $300 a month. In that position, he gained experi-ence and confidence in the courtroom. Two and a half years later, Buck ran for the office of district solicitor and was elected to the first of three four-year terms he served in that capacity.

Over the next ten years, Buck prosecuted with zeal and a high rate of success any and all cases that passed through Wake and Franklin Counties’ Superior Courts. During that time, he became more active in politics, an interest which dated from YDC at UNC. He campaigned for candidates from mayor to president and attended the Democratic National Conventions ’68, ’72, and ’76.

In 1971, Governor Bob Scott appointed Buck chairman of the Governor’s Committee on Law and Order. At the end of

continued from page 10

continued on page 12


1972, Buck resigned from his job as solicitor to return to private practice with Phil. They made a good team, with Phil concentrating on property and contracts, and Buck doing mostly criminal work. Jim Cline joined the practice which became Ransdell, Ransdell, and Cline

In 1978, Buck made a run for the state senate in a large field of candidates and was defeated.

After that politics took a back seat and he spent more time on his other interests which were many and diverse. He played golf every Saturday that he was in town at North Ridge Country Club where he served on the board twice and was president in 1975. He delighted in flying his small plane, a Cessna 182. He enjoyed travel both with family and alone, making a three-week pho-tography safari to Kenya with only his guide. He looked forward to his once a year duck hunting trip in December and to an annual deep sea fishing trip. He liked poker, black-jack, and serious bridge (no chatting!). He enjoyed jazz and Broadway musicals. He was private but loved people.

Buck and I produced one son, William G. “Bucky” Ransdell III (a very special person) born in 1960. He and his wife Lynne live in Raleigh and both work at SAS. They have two grown daughters.

Buck died June 29,1991, of lung cancer. Phil died January 31,1999, also of cancer.

Clyde Smith Jr.I was born in Greensboro, North Carolina, on August 25, 1934. My mother, Margaret Johnson Smith, a graduate of Greensboro College and a former school teacher, in-stilled in me a love of learning and respect for the written word. My father, Clyde Smith, taught me the value of integrity and honest labor. My brother, John Lee Smith (1936–2000), taught me that you can’t outrun a well-aimed air rifle pellet

I graduated from Bessemer High School in 1952, the University of North Carolina in 1956, and the UNC School of Law in 1958. Admitted to the North Carolina State Bar in 1958, I served in the US Army as a legal clerk (SP4) at the Army Medical Service

School, Brooke Army Medical Center, Fort Sam Houston, Texas, from 1958 to 1960. Upon my honorable discharge from service, I accepted employment in the office of the legendary Thad Eure, secretary of state. I served the people of North Carolina with him for the last 28 of the 52 years he held that office. I was especially pleased to be of assistance to my fellow attorneys as corpo-rations attorney for seven years. Appointed deputy secretary of state at the beginning of 1968, I served as Mr. Eure’s “right arm” until my retirement at the end of 1988. While employed by the state I was allowed to earn an MPA degree at NC State University.

The generous retirement plan of the state of North Carolina allowed me to engage in a very limited private practice of law prepar-ing wills, powers of attorney, etc. for token fees for people who could not otherwise have afforded legal services. Upon reaching my 65th birthday in 1999 I petitioned the State Bar and was granted inactive status. Leisure time during the working years and after my retirement has been enriched by bird watching and travel.

The year 2008 marks not only the 50th an-niversary of my graduation from law school and admission to the bar, it is also the anniversary of my marriage to Laura Alice Robertson of Leaksville, NC, on December 27, 1958. We met through our membership in InterVarsity Christian Fellowship at the University of North Carolina. Our love for and trust in the Lord has sustained us through the years. We have been blessed with three sons, a daughter-in-law, and two grandsons who have brought us great joy. As active members of Tabernacle Baptist Church since 1961, we have taught Sunday school and served in various offices and committees. I have also been privileged to serve our denomination through member-ship on the board of directors of the North Carolina Baptist Foundation, Inc. for ten years; one as chairman of the board and president of the corporation. I currently serve as moderator of Tabernacle Baptist Church and the Raleigh Baptist Association.

Herbert L. Toms Jr.I am a native of Shelby, North Carolina, having graduated from Shelby High School in 1945. After graduating from the Pennsylvania State College of Optometry, I practiced optometry in Kannapolis, North Carolina, before serving as an optometry

officer in the United States Army for two years. Following graduation from the University of North Carolina law School in 1958, I became an associate in the Raleigh law firm of Arendell, Albright and Green and continued in private practice until 1965 when I resigned from the Raleigh firm of Jordan and Toms to become president and general counsel of First Tide Insurance Company. In 1992 I founded United Title Company with Gordon Herbert and am now chairman and senior counsel of that title insurance agency.

My association with the real property at-torneys has been most enjoyable. Some of the most capable members of our profes-sion devote the majority of their time to real property practice and it is a pleasure to see how they solve problems. The citizens of North Carolina are fortunate to have such outstanding representation when they purchase real property.

Unfortunately, my prediction for the fu-ture of real property practice in North Carolina is not good. Under pressure from the Federal Trade Commission, the ethics opinion relating to the closing of real estate loans was amended to allow non-lawyers to handle closings as long as they did not en-gage in conduct deemed to be the practice of law. That opened the door for closing ser-vices where no attorney is involved. Another change is some North Carolina lenders send their loans to out-of-state entities for clos-ing which consists of a notary appearing at the borrower’s residence with a stack of pa-pers to be signed. When a problem develops and the borrower consults a North Carolina attorney it has been possible for the at-torney to see a closing statement and the charges far exceed what the charges would have been using the regular North Carolina system. Unless something happens soon to stop these reckless practices, many of our North Carolina real property attorneys will be joining their colleagues practicing in other areas of the law and North Carolina home buyers will learn too late the value of having a real estate lawyer present at the closing.

continued from page 11

August 2009 — 13

WCBA Young Lawyers Division Upcoming Activities

YLD Quick CalendarAug. 6 6:00 p.m. YLD Social @ Napper Tandy’s (126 N. West Street)Sept. 3 6:00 p.m. YLD Social @ Raleigh Times (14 E. Hargett Street)Sept. 21 2:00 p.m. Meymandi Concert Hall, Progress Energy Center – Fall Swearing-In CeremonySept. 26 9 a.m. to noon Food Bank of Eastern North Carolina Event

Food Drive ScheduledWe would like to invite attorneys, staff and families to join us for a morning session at the Food Bank of Eastern North Carolina. We are slated to assist during the 9 a.m. to noon shift on Saturday September 26, 2009. If you are interested, please contact Stephanie Gaston ([email protected]) or Jennifer Welch ([email protected]) for additional information.

CorrectionWe would like to correct a misprint in last month’s report and convey our appreciation to The Honorable Pamela Thorpe Young, the North Carolina Industrial Commission Chair, for her time and comments at the June 2009 Summer Clerk program. We regret the mistake which led to her name being listed incorrectly in July Bar Flyer and thank the Chair for her participation in our annual program.

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 assistance program that handles cli-ent-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 professional-ism and thereby bolster public confidence in the legal profession. PSI uses local Wake County Bar Association volunteer peers to communicate privately and informally with lawyers and judges who receive sig-nificant or repeated complaints that may not rise to the level of ethics or professional responsibility violations. PSI involvement can be requested by filing a statement with the Wake County Bar Association (contact 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 confidentially 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 appropriate assistance based agency.

Don’t ForgetKeep your membership records

up to date (including e-mail address).

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

at [email protected].

New Tenth JD Local RulesThe new Local Rules for the Tenth Judicial District which became ef-fective August 1, 2009, can be found at www.NCCourts.org, under Local Rules, Wake County.




www.NCCourts.org


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

Social CalendarFamily Picnic Sept. 11, 2009

Pullen ParkFall Members’ Only Party Oct. 8, 2009

NC Bar CenterHoliday Party Dec. 4, 2009

North Raleigh Hilton

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 bet-ter help our members.

We are excited to report that we have had sev-eral 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 appreci-ate 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.

WCBA/Tenth Judicial District Bar President-elect Nan Hannah and Public Service Committee Chair Eric Stevens discuss the Lunch With a Lawyer program with Antonio Rogers Jr. (center) of the City of Raleigh Summer Youth Employment Program.

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 ([email protected]), 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


http://www.ncbar.org/news/1/3717/index.aspx

August 2009 — 15

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.

Now is the time . . . to kNow your baNker.

Now is the time to baNk with North state baNk.

919-855-9925 northstatebank.comRaleigh – Garner – Morehead City – Wake Forest – Wilmington


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

Courthouse Supply Drive Review — Being President-elect of organizations, which give back to their community the way the Wake County Bar Association and Tenth Judicial District Bar do, is a gratifying experience. Shortly after we completed the sorting of the supplies collected at the courthouse and at the WCBA luncheon, I happened to be in the Civil Division of the Wake County Clerk’s Office where I was greeted with literal hugs and warm thank you comments from the as-sistant clerks on that floor. I found the same reception in the TCA and Superior Court Clerk’s Office. The folks from the Public Defender’s Office and District Attorney’s Office who came to collect their portions of the supplies were like kids at Christmas. So, I appreciate the opportunity to use the Bar Flyer as a means to transmit those hugs and gratitude to our members.

Cash donations are still being received as of the date this article is being drafted, though we will cut those off as of July 17, 2009, so that we may distribute gift cards to Staples Office Supply reflecting those funds (a total of $3,000). We received boxes and boxes full of writing implements of every description, fasteners, paper – again everything from the smallest sticky note to reams and boxes of printer paper, highlighters, and pretty much everything on the wish list. A team from the Public Service Committee met in the Clerk’s Office Mail Room to sort those supplies and then representatives from each of the recipi-ents came to retrieve the supplies.

It cannot be emphasized enough the true depth of the gratitude expressed by the recipients. I believe that it would be correct to say that as much as the material supplies are appreciated, and they certainly are, the knowledge that the attorneys of Wake County understand the conditions being faced by the judges, lawyers and clerks who make up the judicial branch of government in Wake County is as greatly appreciated. Your support is important.

Thanks to all!

— Nan Hannah

Please consider the following requests for assistance:

The Capital Area Teen Court is an alterna-tive 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 oth-erwise not be able to afford. Amy Hall, the administrator of Teen Court (856-5671), provided the following list:

• standardstaples• folderswithpocketsoneachsidewith

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

• pens(SanfordUniball)• scotchtaperefills• printerpaper• colored/blackinkforDell948printer• Post-itnotes• clearaddresslabels• colored/blackinkforDellPhoto966

printer (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 investigate 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 [email protected]. If you are interested in appellate work, please contact Kurt D. Stephenson or [email protected] 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 flexible. If interested, contact Ruel Charles or Eva Hobson at 828-1140.

If you know of a community need, contact Elaine Whitford, 789-9315, or [email protected].




www.nccourts.org/Citizens/GAL/Default.asp

www.nccourts.org/Citizens/GAL/Default.asp


August 2009 — 17

Can you spare a few Tuesday nights? Make a Motion to Strike!

Join the WCBA Bowling LeagueAt AMF Pleasant Valley Lanes in Raleigh

Introducing the Inaugural Season of WCBA BowlingBowling Begins Tuesday Nights on September 15th

League is 10 Weeks Long. Practice Starts at 6:45 p.m.

$110 per player or $425 per team for a 10 Week Season4 bowlers per team, plus alternates

Don’t have a team? Sign up and we will place you on a team.All experience levels welcome, handicaps will be provided.

Registration Fee includes bowling, shoes, end of season party, trophies for the winners!

Contact Toni-Ann Herwig at [email protected] or Michael Rainey at [email protected] for more information.

************WCBA Bowling Registration Form************

______Individual ($110) _____ Team of four ($425)

Name ___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Alternates: ________________________________________________________________

________________________________________________________________

Telephone:______________________ e-mail: _____________________________________

Make checks payable to Wake County Bar Association, with “Bowling” on memo line andmail your registration form and check by September 1, 2009 to:

Bowling LeagueWake County Bar Association

PO Box 3686Cary, NC 27519-3686




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 oversees a program to provide assistance to lawyers (BarCARES).

** 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

August 2009 — 19

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.


A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. 0.1 [6] Preamble, North Carolina Rules of Professional Conduct (emphasis added)

As with most things that have evolved over time and as a result of the need to respond and adjust to changing times and economic circumstance, the current economic envi-ronment is once again challenging (if not altogether changing) the thinking within the legal community about the nature of the fee arrangements we have with our clients, what can be done to make legal services both available and affordable in these tougher economic times, and what to do when clients fall behind on or are unable to pay our invoices. Like the thinking and practices regarding lawyers taking credit cards, accepting some forms of property or security regarding fees, assisting clients in arranging for credit or taking advantage of other fee funding opportunities, or charging interest on unpaid amounts (all of which may have been considered unprofessional or were ethically prohibited at one time or another in the past, but all of which are generally permitted under certain condi-tions now) changes are being advocated and are occurring regarding time and bill-ing, alternative fee structures1, and fee pay-ment and collection to try to accommodate the economic needs and challenges facing both lawyers and clients.

Information presented in previous Wake Bar Flyer articles makes it rather clear that there are still strong “professionalism” and “practicality” reasons for adhering to the be-lief that it is either professionally distaste-1 “Alternative fee structures” as referred to here would generally be intended to refer to something other than more traditional entirely percentage based contingent fees used in practice areas like personal injury and workers compensation.

ful or pragmatically unwise to initiate fee collection actions (and particularly going so far as to bring suit) against clients that do not or can no longer pay. However, there is little guidance on what should be done in these situations other than simply conclud-ing the relationship (consistent with ethical rules) and walking away. And, while there is an even greater push today for lawyers to provide more pro bono services to the poor and economically disadvantaged on the one hand2, on the other hand there remains some fairly strong resistance by some lawyers, and many others providing professional guidance to lawyers and firms, to the concepts of “discounting” fees or altering fee arrangements for new clients or discounting fees or reducing amounts that may be owed by an existing client. This re-sistance is based largely on the notions that such practices result in a devaluation of both the lawyer and the services rendered, and are therefore both unprofessional and practically unwise. The arguments against reducing or discounting fees, particularly those already charged/incurred, generally go something like this:

Discounts give rise to expectations of en-titlement in clients to future discounts;

Discounts or reductions on fees charged are unprofessional because they essentially tell your clients one very negative thing: I am overcharging you up front and adjusting it on the back-end.

Similarly, discounts and write downs may introduce or convey the following unprofes-sional meanings and ideas:

I spent more time than I can reasonably charge you for the service provided; i.e., I am not efficiently working the matter;

2 See e.g. the remainder of Comment [6] and Comments [7], [8] and [9] of the Preamble to the current North Carolina Rules of Profes-sional Conduct and the ABA Model Rules and related recommendations regarding the provi-sion of pro bono services.

My associates spent more time that I can reasonably charge you for the service provided; i.e., my firm has less competent attorneys working on your case or I have inefficient staff working on your case;

Even though I spent an adequate amount of time on this matter, it “seems” too high to me; i.e. I am unclear on the value of my service.3

Nonetheless, in an October 2008 post at ABAnet.org the headline read: “Law Firms Advised to Try Discounted and Alternative Fees”4. Reporting on a panel discussion held by the defense bar group DRI and the advice given by panelists that included a New York City law firm consultant and a managing director of a Seattle law firm, the author summarizes the consensus of the panel opinion that “Law firms that survive the troubled economic times will be willing to discount fees and try alternative billing arrangements...” Similarly, a 2007 ALM Billing Rates & Practices Survey reported that 88% of the respondents stated that they offer “alternatives” to the billable hour and that such alternative structures made up an average of 37% of their revenues.53 See Brian Ritchey, JD, Managing Partner Income, in Juris (now Redwood Analytics) from LexisNexis.com4 Posted Oct 28, 2008, 07:43 am CDT, By Debra Cassens Weiss5 It should be noted that the concepts of and considerations for “discounting” fees or considering alternative fee arrangements at the outset of a client relationship are some-what different than when deciding whether and how much to work with an existing client who finds himself financially stressed. Even those pundits appearing to be more generally against discounting or reducing fees recognize that such discounts or reductions may be appropriate when responding to requests for proposals from clients who are willing to agree to provide a certain amount and type of future business, or when being used as a tool to secure prompt payments from a client. For example, in discussing such discounting, Mr. Ritchey writes in the Juris article noted above, “[T]he important part of discounting is that it is mutu-

Professionalism CommitteeLori Vitale, Chair

Survival Strategies in These Tough Economic TimesAlternative Fee Arrangements and Discounts - Helping Your Clients, Saving and Building Better Relationships, and Managing Your Receivables Without Undervaluing or Selling Yourself ShortBy Mark La Mantia

August 2009 — 21

In an ideal world, all attorney time would be incredibly efficient and perfectly billable (as we could also even perfectly predict the actions of opposing parties, their counsel and the courts) and all clients would be able to afford all of the time billed in their particular matter throughout the length of their case. We do not live in an ideal world however and, often times, despite the best practices and intentions of the parties the time, fees and costs in a matter will outpace both the initial expectations of the attorney and the client, and the client’s ability to pay, or the client’s financial situation will change for the worse for various reasons - especially in today’s troubled economic times.

Practice TipsSo, given all of the foregoing and if we are not going to sue, what are we to do to maintain or increase our own survival rates? Because of the subjectivity of many of the considerations to be made, there is unfortunately no magic answer as to how to proceed in all cases and with all clients. However, the following basic practices and considerations may help:

First and foremost, if using a more standard hourly time and billing structure, keep on top of your time and billing and regularly communicate with clients about amounts being incurred, the status and continued strategy of their case.

Closely connected to this is making sure that your initial fee and payment structure are realistic and achievable for both you and the client - make certain that you are candid with the client about what to expect initially and that the client is candid with you about what they can really pay. It generally does no good to enter into a relationship where the client will be perpetually behind (or very close to it) absent a clear understanding of how this will work up front.

Do not be afraid to pro-actively consider alternative fee structures at the outset rather than ignoring the realities of the situation or simply turning down the busi-ness. Discounts, rate reductions, and flat fees are certainly not the only types of

ally beneficial to you and your client - there needs to be consideration for the discount. It needs to be binding so that if the client does not perform on their end, the discount doesn’t get applied. If there isn’t quid pro quo, you are giving a clear message to your client that you overcharge up front - and that your rates are open to negotiation.”

alternatives that may be attractive or use-ful. For example, lower structured monthly payments and retainers, e.g. regular set payments that will be made each month for a defined period regardless of the actual scope or extent of the work performed and time incurred in any specific month may be a great way for some clients to budget for and manage the burden while allowing the attorney to budget for and manage the time, cash and receivables.

A Few More TipsIf payment starts to become a problem, promptly find out why rather than simply letting the problem lag or letting the receiv-ables become larger. Work hard to make clients be candid and responsible in this regard.

Do not be afraid to regularly revisit ev-eryone’s expectations and ongoing case strategy decisions in light of an opponent’s behaviors and either the opponent’s or the client’s changing economic and financial situations.

ConclusionCertainly, not all discounts or reductions are a negative statement about your profes-sionalism or the quality, quantity, or value of the work done and services provided. 6Use them selectively and for a particular purpose rather than just across the board and try to make sure the client understands the purposes and any agreements related to

6 Frankly, and depending on the circumstanc-es, these actions and concessions on the part of any attorney may be the most professional course of action in today’s economic environ-ment. For example, an attorney’s willingness to give some discounts and reductions to (whether on a one time or limited basis or for the foreseeable future), or restructure the relationship with, an existing client whose business they want to keep may help to build and solidify the relationship in a very positive way. This result would be consistent with our profession’s goal to make legal services avail-able and affordable. Similarly, where it appears that the relationship has soured to the point of non-payment and likely or threatened with-drawal, a prompt resolution of any debt and receivable through discounting and reduction may be the best way of achieving closure and moving forward as practically, amicably and professionally as possible under the circum-stances. This would certainly seem true where the attorney knows that in no event will they take legal action to obtain full payment against the soon to be former client.

the specific discount.7 If the relationship is not working and you do not want to salvage it, stop the bleeding and get out (if ethically permitted) as quickly as possible - every dollar of time saved is one less dollar you have to worry about collecting or writing off.

Mark A. La Mantia, a member of the Articles Subcommittee of the 10th Judicial District’s Professionalism Committee, is the president and sole shareholder of La Mantia Law Offices, P.C. He has over 26 years of experience in the practice of law and is licensed in North Carolina, Illinois and Oregon (on inactive status). Mr. La Mantia concentrates in small business, employment and franchise law and has been recognized as one of North Carolina’s “Legal Elite” in business litiga-tion in a survey conducted by NC Business Magazine (January 2006 issue). He is a North Carolina certified mediator, and a member of the American, North Carolina, Chicago, Wake County and Tenth Judicial District bar associations (where he serves on the Professionalism Committee). Mr. La Mantia has been a speaker and/or author for various seminars and presentations for the ABA, North Carolina Bar Association, National Business Institute and other sponsors, groups and organizations. He earned his B.A. degree from Northwestern University in 1979 and his J.D. degree from the Northwestern School of Law of Lewis & Clark College (now the Lewis and Clark Law School) in 1982.

7 One attorney contributor noted a practice of “pre-billing” various clients from time to time and encouraging them to review all of the time and fee entries for the applicable period and promptly advising the attorney of any questions, problems or concerns that they might have, and then following up with the client shortly thereafter to finalize the billing, at which time any corrections or agreed adjustments are made and any additional courtesy discounts (e.g. for prompt payment) are offered and are agreed upon. Although still a work in progress, it at least seems that this practice has helped to: enhance the communi-cations between the attorney and client regard-ing the ongoing matter, the required time and services, and the client’s current ability to pay; minimize any billing mistakes and belated complaints about overall time and billings; and, in most situations greatly minimize or elimi-nate altogether lag times in obtaining payment (albeit usually at some reduced or discounted amount for that particular billing).


Established 1976

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

Wake County Young Lawyers Division

Silent Partners ProgramMike DeFrank

[email protected]

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

?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.

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 valu-able service to new members of the Wake County Bar. Please contact Mike DeFrank at [email protected], 781-4000 if interested.



August 2009 — 23

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 [email protected]

EXECUTIVE DIRECTORAlice G. RomanP.O. Box 3686Cary, N.C. 27519-3686(919) 657-1572 / 657-1564 [email protected] advertising information, see page 2.

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

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