2 From the President

2 State Bar CouncilorsElection Results

3 Past Presidents’ Luncheon

3 Lawyers in the News

4 Volunteer Lawyer ProgramSpotlight

5 Volunteer Lawyer Program

5 Court Communiqués

6 Nominations Sought forDiversity Award

6 IOLTA – The Nuts & Bolts

7 Young Lawyers Division

7 Lawyer Referral Service

8 Coffee Connections

8 February Lawyers LuncheonSeries

9 2009-10 Access to JusticeCampaign

11 MCB Refund Policy

11 MCB Basketball League

Writing in a World of Law By J.P. Davis

It was 1967, on an army base at the height of the Vietnam War, when Jim Chandler set outto determine the price of Christmas. Paraglide, the Fort’s newspaper, had asked Jim to pick atopic and write it— “probably because I was one of the few people on the base who could readand write,” he quips.

The article Jim chose to write was a light piece calculating the actual market value of theTwelve Days of Christmas, the popular old Christmas carol about a disturbingly over-enthusiastic gift-giver with a penchant for livestock. Little did Jim know that the quest tovaluate these holiday favorites would lead to personal interviews with such notables as thegreat American composer Leonard Bernstein (“he thought it was a hoot,” Jim recalls), and thefinished piece would prove so interesting, it would explode off the pages of Paraglide to berepublished in newspapers around the world. The idea was so popular, in fact, that it is now aneconomic mainstay, updated every year by PNC Wealth Management, a Pittsburgh-basedbanking franchise, who took up the mantle in 1984.

Today, Jim practices law out of a beautiful brick building on 4th Street in Charlotte, but thewriting bug, perhaps inherited from his English professor father, never completely left him.After putting his pen down for nearly 30 years to focus on his law practice following his time inVietnam, Jim picked it up again just a few years ago to write what he affectionately refers to as“a little shoot’em-up of a book” about a younglawyer drawn into an intricate web of intrigueand assassination revolving around theAfghanistan heroin trade.

“At some point you just say ‘I really have aninterest in this, and if I’m going to try it, Imight as well get on with it,’” Jim says of hisreturn to writing.

That’s a sentiment that resonates with manylawyers today, both here in Mecklenburg and throughout the nation. Writing seems to attractlawyers, or perhaps vice-versa, in vast numbers—ask the folks around you at the next Barmeeting and you’ll likely be surprised by how many have been kicking around an idea for amanuscript, scribbled at a poem, written for their college newspaper, or set out to record sometidbits of local history for posterity. It seems nearly every lawyer out there has something thatdrives them to set words to page, in one fashion or the other, in their preciously small free time.

For Dale Koontz, it was Buffy the Vampire Slayer.“One of the things that makes Buffyremarkable is that you have this girl who is strong from the get-go,” Koontz says, reflecting onone of the characters who led the way to her newest publication, Faith and Choice in the Worksof Joss Whedon, available now from McFarland Press on its website, mcfarlandpub.com, or fromAmazon.

Even back when she was first exposed to Buffy—ironically, while studying to take the bar—Koontz knew there was something special about the show. “It was obvious there was a lot more

continued on page 10

December 2009

A publication of the Mecklenburg County Bar /26th Judicial District Vol. 36 No. 5 © 2009 Mecklenburg County Bar

... he affectionately refers to

as “a little shoot’em-up of a

book” about a young lawyer

drawn into an intricate web of

intrigue and assassination

December 2009 www.meckbar.org2

Money and Access I recently received a call from Chief District Court Judge Lisa Bell

asking if the Bar might assist in helping her acquire North Carolinastatute books for her judges to use in court. The problem, accordingto Judge Bell, was inadequate state funding to purchase statute books.A call to Jim Smith, the Chair of the Litigation Section, soon producedfour law firms, Sellers, Hinshaw, Ayers, Dortch & Lyons, P.A.; Mitchell& Culp, PLLC; and Caudle & Spears, P.A. with Robinson, Elliott &Smith, and one anonymous donor who generously volunteered topurchase the statute books.

In the scheme of things, the lack of state funds to purchase statutebooks for courtrooms is insignificant. However, it is symptomatic of alarger failure by our state and local leaders to devote sufficient public

funds to our court system. Although I was heartened and grateful at the quick response of our Barto Judge Bell’s plea, I couldn’t help feeling a bit embarrassed and even ashamed by the fact that wehad to seek private funds for this purpose. I am embarrassed that our state legislature has failed toadequately fund our court system. And I am embarrassed that I as an attorney and we as a Bar ofmore than 4,300 attorneys have not done more to ensure adequate funding for the court system.Here are a few statistics to consider: • North Carolina ranks second to last in the number of judges per capita (1.3 per 100,000

population).

• North Carolina ranks 50th in the percentage of funding spent on courts per person.

• North Carolina ranks first in the incoming number of criminal cases per 100,000 population.

• Mecklenburg County is home to approximately ten percent of all North Carolina citizens, butreceives only seven percent* of the Judicial Branch budget. (*based on 2007-08 FTEpositions).

• Mecklenburg County courts depend on an outmoded paper filing system that is more prone todelays, errors and lost information. There are more than 1 million paper files in the Clerk'sOffice and 200,000 new filings per year.

• Basic automation is lacking to track continuances, defendants’ failure to appear and otherinformation critical to efficiently scheduling and processing civil and criminal matters.

Although efforts have been made in recent years to improve funding in North Carolina for thecourt system, our courts remain woefully underfunded while case loads continue to increasedramatically. An independent and well funded judicial branch is at the heart of our constitutionalsystem and ensures, as required by North Carolina Constitution Article 1, §18, that our courts areopen and that all persons shall have remedies through the courts without undue delay.

As members of the legal profession and the Mecklenburg County Bar (MCB), we are obligatedto promote the administration of justice and access to legal services to all, regardless of social oreconomic status. We all have a vested interest in a well funded and efficient court system, whetheror not our individual practices require us to go to court. Thus, although the MCB is generallyprohibited as a state agency from supporting political or ideological causes, the MCB is notprecluded from advocating or lobbying with respect to matters related to the regulation of thelegal profession, or to improve the quality of legal services to the public. The question that mustbe asked and answered is whether the MCB can and should do more to ensure that there areenough judges, prosecutors and public defenders, that Mecklenburg County Courts are providedwith current technology to handle ever increasing caseloads, and that our judicial system is giventhe priority it deserves to ensure access to our courts, prompt resolution of claims for litigants andaccused.

I would like to appoint a task force comprised of a cross section of our Bar to review what theMCB can do to support funding of our court system. If you have an interest in participating in thiseffort, please let me know.

From The President

Patrick E. Kelly, MCB President

Editorial PolicyThe Mecklenburg Bar News accepts editorial andadvertising material of general legal interest to thepracticing Bar of the 26th Judicial District. Theimplicit purposes of the newsletter, website, andrelated methods of communication are to educatemembers of the Mecklenburg County Bar and tocreate and maintain shared communication with itsmembers. The Communications Committee reservesthe right to accept, reject, or edit all material.

DISCLAIMER Efforts will be made to provideinformation of interest that is timely, accurate, andrelevant to the legal community. The MecklenburgCounty Bar is not responsible for misprints,typographical errors, or misinformation in TheMecklenburg Bar News. The views and opinions arenot necessarily those of the 26th Judicial District Bar.

Communications Committee: Tricia Derr, Chair,J.P. Davis, Alan Edmonds, Will Esser, JonGoldberg, Judge Bob Johnston, Charles Keller,Rhea Kelley, John Lassiter, Phillip Lewis, NancyRoberson, Michael Shor

Veta T. Richardson, Executive Director of the MinorityCorporate Counsel Association, addresses theSeptember 17 CLE audience for Diversity Initiatives forthe Legal Professional in Charlotte.

State Bar

Councilors

Election Results

Five incumbents were re-elected:David N. Allen F. Fincher JarrellRobert J. Bernhardt Mark W. MerrittRonald L. GibsonNancy B. Norelli will serve her first term as aState Bar Councilor.

The Mecklenburg County Bar would liketo extend its appreciation to McGuireWoods,Bank of America and Compass Group USA,Inc. for their support of our September 17,2009, Continuing Legal Education program,Diversity Initiatives for the Legal Professional inCharlotte.

Diversity

Initiatives

www.meckbar.org December 2009 3

Past Presidents’ Luncheon

Past Presidents of the Mecklenburg County Bar and Mecklenburg Bar Foundation gathered for an annual luncheon in honor of their service. Back Row: William M. Claytor, RobertE. Henderson, Russell N. Robinson, Hamlin L. Wade, James O. Cobb Jr., Patrick E. Kelly, John G. Golding, John W. Lassiter, Mark R. Bernstein, Lloyd F. Baucom, A. Ward McKeithenMiddle Row: Pender R. McElroy, Jonathan E. Buchan Jr., Catherine E. Thompson, Ray S. Farris, Nancy Black Norelli, S. Dean Hamrick, Anthony T. Lathrop, Claire J. Rauscher, E.Osborne Ayscue Jr., Larry J. Dagenhart, Marion A. Cowell Jr. Front Row: C. Sydnor Thompson, Joseph W. Grier Jr., Benjamin S. Horack

MecklenburgSuperior CourtJudge Albert Diazwas one of twoNorth Carolinajudges to be nomi-nated by PresidentObama to fill seats onthe nation’s second-highest court, the

Fourth Circuit Court of Appeals. Judge JamesA. (Jim) Wynn Jr. of Cary was also nominated.

If confirmed, Diaz would be the first Latinomember on the Fourth Circuit Court ofAppeals. Judge Diaz was the first Latinoappointed to the North Carolina SuperiorCourt when he was named as a ResidentSuperior Court Judge in 2001. In 2002, hewas appointed as a Special Superior Court

Judge and he was designated as SpecialSuperior Court Judge for Complex BusinessCases in 2005.

He earned a B.S. from the University ofPennsylvania in 1983, received his J.D. fromNew York University School of Law in 1988,and earned a Masters degree from BostonUniversity in 1993.

Fenton T. Erwin Jr. of Erwin and Eleazer,P.A. was awarded the Evelyn M. Coman Awardfor Distinguished Service in the Field ofConstruction Law. The award was presentedFriday, Sept. 25, in conjunction with theNorth Carolina Bar Association ConstructionLaw Section’s annual meeting.

Erwin has served as N.C. counsel for theAmerican Subcontractors Association forsome three decades and played a pivotal role

in the establishment of its legal assistancefund. He has also served on the executivecommittee of the Mecklenburg County Bar andthe section council of the NCBA ConstructionLaw Section. An active Rotarian and PaulHarris Fellow, he is the incoming president ofthe Dilworth Southend Rotary Club.

Erwin is a 1963 graduate of East CarolinaUniversity and a 1966 graduate of the Universityof the North Carolina School of Law.

Lawyers in the News

Erwin (right) accepts the Evelyn M. Coman Award

Judge Albert Diaz

December 2009 www.meckbar.org4

Thomas P. Holderness of Robinson,Bradshaw & Hinson, P.A. has shown greatdedication to Legal Aid of North Carolina’sLandlord/Tenant program, a partner programof the MCB Volunteer Lawyer Program (MCBVLP). Holderness has most recentlyvolunteered 67 hours getting old judgmentsremoved from the credit report of a formerlyhomeless family. This family had beentemporarily housed in the Hall House project.Thanks to Holderness’ efforts, the family of sixwill be able re-enter the housing market.

MCB VLP: Current Employer / number ofyears with current employer?

TH: Robinson, Bradshaw & Hinson, P.A. / 11years

MCB VLP: Area of Practice / Expertise?

TH: Litigation

MCB VLP: Law School / Law SchoolGraduation Year?

TH: University of North Carolina School ofLaw / 1990

MCB VLP: How did you connect with LegalAid of North Carolina pro bono work?

TH: Ted Fillette, Assistant Director of LegalAid of North Carolina, came to RobinsonBradshaw & Hinson (RBH) and gave apresentation one summer. The more you learn

about low income housing, the more yourealize that tenants in low income housingneed representation. It’s too easy for landlordsto take advantage of them (though fortunatelynot all landlords do).

MCB VLP: What is a typical case like?

TH: Often the tenant has already been evicted,and you are just trying to get the tenant somemoney to compensate for a bad situation.Other times, you are trying to keep the tenantin her home. (Those cases are more satisfyingto win and more depressing to lose.) Most ofthe time, the landlord and the tenant want toresolve the situation without going to court.

MCB VLP: How many of these type of casesdo you typically handle at one time?

TH: Usually just one. Jen Hutchens and Icoordinated a lot of RBH attorneys workingwith Hall House residents earlier this year.

MCB VLP: Did you participate in anyparticular training so that you could handlethese cases / issues?

TH: I did attend presentations by Ted Fillette,but anyone can get up to speed on the issuesrelatively quickly.

MCB VLP: Are there any benchmark casesapplicable?

TH: There are cases regarding the implied

warranty ofhabitabilityand Chapter75’sapplication inthe landlord /tenant arena.People also

need to read the Charlotte Housing Code. Butmost of these cases are factual disputes.

MCB VLP: What is the best advice you’vereceived during your legal career?

TH: Admit your mistakes quickly and, ifnecessary, ask for help to fix the situation.Trying to hide mistakes never works in thelong run and often results in a much moreserious problem.

MCB VLP: What advice would you give others?

TH: Keep your work and family life balanced.Do a few things very well instead of gettingovercommitted. In some way, use yourprofession to benefit the downtrodden.

MCB VLP: What is the most challenging partof your career?

TH: Balancing the desire to be involved in a lotof things with the desire to do things well.Balancing all of that with my desire to be agood husband, father and citizen.

MCB VLP: Any other pertinent things youwould like to share with the MecklenburgCounty Bar and legal community?

TH: Commit to hands-on service to the poor.Writing a check is good, but it’s not enough(for you or for them). Call me if you want tocook or deliver breakfast burritos.

If you are interested in getting involvedwith a similar project through the MCB VLPpartner Legal Aid of North Carolina, pleasecontact Rabia Javaid at 704/971-2584. If youwould like further information regarding thisor other opportunities to do pro bono work inthe Mecklenburg County community, orreceive training in Landlord / Tenant case law,please contact Mary Jordan Mullinax,Coordinator of the MCB VLP at 704/375-8624,ext. 115.

Tommy Holderness

Thomas P. Holderness

Volunteer Lawyer Program SPOTLIGHT

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www.meckbar.org December 2009 5

Court Communiqués

National Award for Jury InnovationsBy Charles Keller, Jr., Community Access & Outreach Administrator

The 26th Judicial District has been selectedby the National Center for State Courts(NCSC) as the 2009 recipient of the G.Thomas Munsterman Award for JuryInnovations. The Munsterman Awardrecognizes state and local courts andorganizations that have made significantimprovements or innovations in juryprocedures, operations and practices. The26th Judicial District received this honorbased on a sustained and comprehensivecommitment to improving jury service.

Among the achievements the 26th JudicialDistrict was recognized for include efforts tobetter educate the local Latino populationabout jury service. Many Latinos are registeredin the court database as a result of beingissued a NC driver’s license, but have limitedknowledge of the court system. Aneducational brochure entitled What is JuryService?, available in Spanish and English, wasdistributed to local schools and Latinoorganizations to explain what jury service is

and what to do when asummons is received.Additionally, court officialsmade live appearances,with the assistance of theInterpreter Manager, onlocal Latino radio stationsto discuss jury service andtake call-in questions.

Also honored were thesignificant steps taken tomake jury serviceaccessible for citizens whorequire specialaccommodations to serve.An infrared assistivelistening device installedin the Jury Assembly Room allows the hard-of-hearing to hear the juror orientation,announcements, and movies via a wirelessheadset. American Sign Language interpretersand note-takers are made available, whenrequested, to jurors who are deaf or hard-of-

hearing. The entire space is designed to bewheelchair-friendly, with low counters andtables and accessible restrooms. An on-siteAmerican with Disabilities Act Coordinatorworks to accommodate jurors with specialneeds. The court also provides onsite

Paula Hannaford-Agor, Director of the Center for Jury Studies with the NationalCenter for State Courts presenting the award to Todd Nuccio, Trial CourtAdministrator.

Give Back Through

the MCB Volunteer Lawyer Program By Sean F. Perrin, MCB Volunteer Lawyer Program Co-chair

As co-chair of the Mecklenburg CountyBar Volunteer Lawyer Program (MCB VLP), Iam writing this letter to solicit help for aworthwhile project that the MCB VLP hasundertaken with our community partner,Legal Aid of North Carolina (LANC). Asmany of you know, LANC provides assistanceto low-income tenants and residents indisputes with landlords. This assistance mayinvolve filing complaints against landlords,assisting tenants in appealing a magistrate’sdecision to district court, or simply answeringquestions about landlord- tenant legal issues.

For several years, LANC has undertakenthe Landlord-Tenant Project with local lawfirms. Once a month, a law firm volunteers toconduct interviews with potential applicants,and assess whether legal help is needed. These

interviews usually are done in a three-hourblock with three potential clients. At theconclusion of the interviews, it is mosteffective if the law firm represents theresidents. Due to the closing of local firmsengaged in the project, only one firm, Moore& Van Allen, is currently engaged in theLandlord-Tenant Project. The purpose of thisletter is to request that your firm considerparticipating in this project.

Due to the unprecedented economicclimate this past year, the demand forassistance for housing has grown dramatically.In the past several weeks, LANC has had tostop taking phone calls from individuals whoare in need of assistance. The MCB VLP hasdecided to send this letter to help alleviate theburden on LANC and assist individuals who

would otherwise not get any assistance. If you want to help but do not want to

commit to the 3-hour interviewing, there is analternative. You can volunteer to take a casescreened by the LANC staff. The timing onsuch a referral will be subject to youravailability. Many volunteer lawyers across theBar have done this with great success formany years. A great example of this is thestellar performance by Tommy Holderness,which is featured in this month’s VLPSpotlight.

If you or your firm would like toparticipate in this worthwhile project, pleasecontact MCB VLP Coordinator Mary JordanMullinax at 704/375-8624 ormmullinax@meckbar.org.

continued on page 11

December 2009 www.meckbar.org6

Nominations Sought for Julius L.

Chambers Diversity Champion Award

The Mecklenburg County Bar (MCB)hosted Evelyn Pursley, executive director ofthe N.C. Interest on Lawyer’s Trust Accounts(IOLTA) program, and Sharon McKinney, vicepresident of reconciliation services at SoftPro,for an exciting CLE program on the “Keys forSuccessful Trust Account Practices.” Pursleyand McKinney addressed the nuts and bolts oftrust accounts – both on the State Bar frontand in the attorney’s financial books –including the fundamentals and best practicesfor individual trust accounts.

In 2008, when IOLTA became mandatory forall N.C. attorneys, many questions were raisedon the protocol for trust account management.

The N.C. State Bar is working to proactivelyaddress these queries through various avenues,including a state tour of presentations. Pursleywas candid in her responses to participants’questions and reminded attendees of the manyresources available to help attorneys with settingup their trust accounts and managing the auditsthat may be performed on their trust accounts.She included such basics as the types of trustaccounts available, suggestions for appropriatelyreconciling accounts, dealing with abandonedproperty and requesting exemption from theState Bar’s audit solicitation.

Pursley also addressed how IOLTA is acritical component to ensuring equal access to

justice through the funding it provides toorganizations focused on civil legal services,indigents and the improvement of theadministration of justice. Since the program’sinception in 1984, IOLTA has awarded morethan $57,000,000 in grant money.

In Mecklenburg County, an annual IOLTAgrant allows the MCB Volunteer LawyerProgram (VLP) to serve individuals whocannot afford to pay for legal services by deve-loping, expanding and supporting programswith volunteer attorneys. Many of the MCBVLP’s partner organizations, Legal Aid ofNorth Carolina, Legal Services of SouthernPiedmont, Council for Children’s Rights andthe 26th Judicial District’s SelfServe Center, alsoreceive critical funding from IOLTA grants.

SoftPro’s McKinney spoke on successfultrust account management, includingestablishing procedures for maintainingdocumentation, formulating a process fordatabase backup, reconciling accountsmonthly and ways to reduce risk of fraud.SoftPro offers a variety of services to helpattorney’s with these and other reconciliationand audit procedures.

If you are interested in viewing a CLEreplay of “Keys for Successful Trust AccountPractices,” please contact the MCB CLEdepartment at 704/375-8624. If you havequestions regarding trust account practices,feel free to contact the N.C. State Bar at919/828-4620.

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Nominations are being sought for the Mecklenburg County Bar Julius L. Chambers DiversityChampion Award to be presented in the spring of 2010 at the McMillan Fund Dinner.

The Diversity Champion Award recognizes an individual who embodies high ethicalstandards, unquestioned integrity, consistent competence, and who champions diversity in thelegal profession. Criteria may include one or more of the following:• Facilitates recruitment, hiring, retention, and promotion of diverse individuals in the legal

profession.

• Provides outstanding service and education to the community at large by unifying anduplifting diverse people of all backgrounds.

• Promotes ideals of diversity in the legal profession.

Send your nominations by January 29, 2010 to Stephanie A. Marella, Diversity Coordinator,Mecklenburg County Bar, 438 Queens Road, Charlotte, NC 28207, or via e-mail atsmarella@meckbar.org. Julius L. Chambers

IOLTA – The Nuts & Bolts

www.meckbar.org December 2009 7

Lawyer Referral Service

Making Important

ConnectionsOn a slow Tuesday in November 2008,

Sarah Darby was manning the Lawyer ReferralService (LRS) phones when she spoke with aMr. Mir Mukarram Ali Khan. Mr. Khan wasseeking joint custody of his son who lives inCharlotte. The only catch? Mr. Khan residesin Saudi Arabia. With the finesse of a skilledscreener, Sarah took the pertinent detailsregarding Mr. Khan’s case and connected himwith longtime panel member SteveOckerman, an attorney at Wishart Norris.That was the end…or so Sarah thought.

Ten months later, Mr. Khan walked in to theMCB LRS office to offer his thanks for referringhim to Mr. Ockerman. Between November2008 and September 2009, Khan and Ockerman met only once, corresponding almost exclusivelyvia e-mail. In September 2009, Mr. Ockerman successfully obtained joint custody for Mr. Khan.

Mr. Ockerman credits “a wise judge (Mann), a father that didn’t give up, and…a surprisinglyamicable mother and stepfather” for the success of this story.

Mr. Khan, however, credits Mr. Ockerman. In a letter he shared with the MCB, Khanemphasizes his gratitude to the MCB LRS for referring him to “an excellent lawyer who gives aprofessional and a personal touch to his cases.” His letter continued with, “I have spent my firstweekend with my son after seven long years; we had the most wonderful moments.”

This happy ending is the ultimate outcome for many clients that turn to the MCB for anattorney. The collaboration between the skilled MCB staff, LRS panel members that provideenergy towards potentially challenging cases, and clients who can afford to hire an attorney iswhat makes the Lawyer Referral Service a success.

Become a part of the MCB’s Lawyer Referral Service – join today! Contact the LRS office at704/375-8624 for an application.

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Young Lawyers Division

Lending

a Helping

HandBy Amy B. Foxhall, Chair

The Young Lawyers Division (YLD) is offto a great start this year. More than 130 newattorneys joined the Mecklenburg CountyBar (MCB) at the MCB swearing-inceremony on October 1, 2009. The YLDwould like to welcome each of these newattorneys and invite them to get involved.For more information about how to joinYLD, contact YLD Connectivity CommitteeChair Carrie Mansfield atcmansfield@charlottelaw.edu or visit theMCB website at www.meckbar.org.

On October 15, 2009, the YLD held itsannual fall social at Enso Asian Bistro. With60 in attendance, young lawyers enjoyed thecompany of friends, as well as food andbeverages. The YLD would like to extendspecial thanks to our sponsors Lateral Linkand iVIZE, as well as Enso for the donation oftheir bar area. The YLD Social Committee isseeking new members. If you would like tohelp plan parties, happy hours, tailgates andother fun events, please contact social chairTony Taylor at anthony.taylor@alston.com.

For the holidays, the YLD will be assistingthe Salvation Army Angel Giving Tree. TheSalvation Army Angel Giving Tree is a nationalprogram facilitated by local Salvation Armybranches that allows people to provide holidaygifts to those in need. Please contact AmandaSmiley at asmiley@csh-law.com for moreinformation on how you can help.

The YLD is also sponsoring a supply-drivefor Devonshire Elementary, one of the MCBcommunity outreach partner schools. We arecollecting items such as children's coats,shoes, belts, socks, hats, gloves, toothbrushes,toothpaste, soap, shampoo, washcloths, andtissues. Donated items can be dropped off atthe MCB Center, 438 Queens Road, Charlotte,NC 28207 to Amy Young or at the DecemberLuncheon Series on December 11, 2009,12:15 p.m. at First Presbyterian Church.

Mr. Mir Mukarram Ali Khan and his son spent their firstweekend together after seven years apart.

December 2009 www.meckbar.org8

A Judicial COFFEE CONNECTIONS

The Mecklenburg County Bar held anothersuccessful Coffee Connections on Nov. 11, 2009at the MCB Center. This Coffee Connectionsallowed participants to speak one-on-onewith six judges and learn about commonmissteps the judges are seeing as attorneysopen or grow a law practice.

The MCB Professionalism, Lawyer Life and

Culture Committee would like to extend aspecial thanks to the following judges forvolunteering to spend their Veteran’s Dayevening at Coffee Connections with membersof the MCB.• Hon. Robert J. Conrad Jr.,

United States Chief District Judge

• Hon. David C. Keesler, United States Magistrate Judge

• Hon. Eric L. Levinson, Resident Superior Court Judge

• Hon. Lisa C. Bell,Chief District Court Judge

• Hon. Regan A. Miller, District Court Judge

• Hon. Selina M. Brooks,Administrative Law Judge

The Coffee Connections series is designed tobe a free networking event for MCB memberswho are in the midst of a career transition,starting a solo/small law firm, expanding a solo/small firm practice or are interested in gainingpractical tips for their legal practice.

February Lawyers Luncheon Series The February Luncheon Series will take

place on the second Thursday of the month,Thursday, February 11, 2010, at First

Presbyterian Church (200 W. Trade Street)from 12:15–1:15 p.m. The cost is $10 perperson ($11 if registering online).

Come and join your friends and colleaguesfor a stimulating presentation. Speakers willbe announced in your weekly e-mail Bar Blastand online at www.meckbar.org.

The Bar Luncheon Series Committeewelcomes your suggestions for speakers andprograms to offer in the future. Forsuggestions and/or more information aboutthe luncheons, please contact Co-Chair SallyHiggins at sally@thehigginslawfirm.com, Co-Chair Doug Jarrell at djarrell@rbh.com, or Events Coordinator Leah Reed atlreed@meckbar.org.

Luncheon Series Schedule for 2009–2010

Speakers will be announced at www.meckbar.organd in your weekly Bar Blasts.

Date Registration Deadline

February 11, 2010 February 5, 2010

March 11, 2010 March 5, 2010

April 8, 2010 April 1, 2010

MCB February Luncheon RegistrationEach luncheon is $10 per attorney

Name ____________________________________________________________________________________

Company name ____________________________________________________________________________

Address __________________________________________________________________________________

E-mail ___________________________________________________________________________________

Phone____________________________________________________________________________________

Fax ______________________________________________________________________________________

I am enclosing a check payable to Mecklenburg County Bar TOTALING ______________________________________

For the 2/11/09 luncheon, please mail your registration form and check by 2/5/09to MCB Luncheon Series, 438 Queens Road, Charlotte, North Carolina 28207

MCB Board Member Karen Eady-Williams and Hon.Robert J. Conrad Jr. spend some time chatting at CoffeeConnections.

Hon. David C. Keesler (left) and Hon. Eric L. Levinson(right) joined MCB members at Coffee Connections. Did you know...

there are networking and social opportunities

throughout the year at the Bar Center?

Visit www.meckbar.org for an up-to-date schedule.

www.meckbar.org December 2009 9

Jack A. Heilcpa/pfsClarify & Strengthen your financial outlook

Individuals

- Business Income Loss- Discovery Assistance- Damages Analysis- Employee Dishonesty- Deposition / Trial Testimony

Forensic Accountant & Economic Valuation Analyst

Litigation Support Services

You represent the client. I represent the numbers.

ffice: www.jackaheilcpa.com | jack@jackaheilcpa.com

5419 Stallworth Dr, Charlotte, NC 28226 O 540-9029 Mo(704) le: bi (704) 451-4921 Fax: (704) 543-7317

2009-10 Access to Justice Campaign By John W. Lassiter

The Access to Justice Campaign has kickedoff its 20th year of seeking support fromattorneys in Mecklenburg County to raisemoney for Legal Services of SouthernPiedmont (LSSP) and Legal Aid of NorthCarolina (LANC). As attorneys, we have theopportunity to directly impact the lives oflow-income members of our community andprovide “a full measure of justice for those inneed.” Consequently this is also LSSP’smission statement and vitally important inthese tough economic times.

These two agencies provide civil legalservices to members of our community wholive in poverty. A family of four living on anannual income of less than $19,000 seekslegal assistance to access health care for theirdisabled child, a single mother with noincome needs help obtaining a domesticviolence protective order to keep her familysafe from abuse, and a retired couple facingforeclosure looks for assistance so they cankeep a roof over their heads. LSSP and LANCassure that regardless of income, everyone isable to have a full measure of justice.

LSSP and LANC use the justice system toprotect fundamental human rights and toprovide basic needs such as safety, shelter, andaccess to medical care. Approximately 74percent of LANC and LSSP’s clients arewomen, many of whom are victims of

domestic violence or who have other family-life issues. Studies indicate that one way toreduce domestic violence is to give thesevictims an attorney who knows how to workthrough the court process to stop domesticviolence. We can help provide those victimswith access to attorneys.

Across North Carolina, more than 100,000people are eligible for legal services from LSSPand LANC, but only about 20% of this need isbeing met. We not only need more legal aidattorneys to handle the load, but we need tosupport the attorneys in Mecklenburg Countyalready doing this work.

I understand that these are not normaltimes. There is a saying that it is a “downturn”when you read about unemployment; it is a“recession” when your neighbor loses his job;it is a “depression” when you lose your job.For most of the clients seeking help fromLSSP and LANC, the best of times feels like arecession and this moment is a brutaldepression.

I will ask you this year, above all years, toparticipate in this campaign financially. Youcan help provide “justice for all” residents ofMecklenburg County by making a minimumgift equal to the billing value of one hour ofyour time. If you can, and you’re qualified,participate as a volunteer with LSSP or LANC.

When we became attorneys, licensed to

practice in North Carolina, we assumed anethical obligation to make sure that legalservices are available for all, including low-income individuals. The Preamble of the Codeof Professional Responsibility of the NorthCarolina State Bar makes it clear that everylawyer, no matter who you are, howprominent you are, or how much of aprofessional workload you may have, shouldfind time to ensure equal justice under thelaws for everyone regardless of economic orsocial barriers.

We must not forget the increasing numberof families in Mecklenburg County who dealwith the daily struggles of living in poverty. Itis on behalf these families that I appeal to themembers of the Mecklenburg County Bar tosupport this year’s Access to Justice Campaignand give generously for the work of LegalServices of Southern Piedmont and LegalAid of North Carolina.

Please join with me in giving at least onebillable hour to the Campaign. The Campaignbegins December 2nd and runs throughJanuary. We thank those leadership donorswho have already given this year.

John W. Lassiter is the most recent past presidentof the Mecklenburg County Bar and the 2009-10Access to Justice Campaign Chairperson. He isPresident of Carolina Legal Staffing LLC.

December 2009 www.meckbar.org10

guffawed at,” she laughs. “I thought, wait aminute, there are people who write aboutthis?”

Not only is her book not guffawed at, it’staken its place in university libraries acrossthe nation, including Ivy League instituteslike Yale, Princeton and Columbia. Whedonscholarship has become a part of herprofessional career, taking her to conferencesas far away as Istanbul, Turkey, and she willbe the keynote speaker at an upcomingconference in St. Augustine, Florida. And sheowes at least part of it to her legal career.

“To be a good writer, whatever disciplineyou’re using, you have to be disciplined,”Koontz teaches us. “If it does little else, andit does a lot else, law teaches you discipline.”

Matthew Saunders, a recent arrival to theCharlotte legal scene, also places a high valueon his legal training in influencing hiswriting career. “Law has helped me a lot,”says Saunders, who is currently in the middleof revisions of his first novel. “Before lawschool, I didn’t believe I wrote well enoughto sell. Law school gave me the confidence tobelieve I could.”

Saunders took that dream to heart. As apracticing lawyer doing business litigation andgovernment compliance law in California,Saunders would write for an hour or so atnight after his wife fell asleep. It wasn’tenough, so he decided to change it.

Now he balances revisions on his firstnovel, a vampire-based dark fantasy, with thedaunting task of setting up his own freelancelegal research and writing boutique, a plan

that lets him maintain his goal of a successfullegal career and his dream of being asuccessful writer. It’s something that hascarried him this far, and he is not alone.

“I’d love to be John Grisham, that’s whatI’d love to be,” Jim Chandler laughs. But thereal truth may be that the writing is just inour blood, one way or another. “My daughtersaid, well dad, you just wrote it for yourself,didn’t you?” Chandler continues. “And Ithink that’s right.”

The practice of law demands a lot fromeach of us. Sometimes, it is like being thepilot on a flight that never gets to land. In theday to day race we run, it can be difficult toimagine how people like Chandler, Koontzand Saunders can do it, how they can stepaway long enough to make their writingdreams come true.

For Chandler, and all of us out there likehim or who want to be like him, the answeris simple: sit down and make it happen.When he is writing, he shuts down his legalbrain as best he can at 4:30 each day. “Isequester myself with the idea that no matterwhat happens, I will sit here for an hour.Sometimes I would stay up until 1 AMwriting, others I would get up after 15minutes and say ‘this isn’t going to worktoday.’”

“Sometimes I can sit down and producemultiple pages, sometimes I won’t touch akey,” he says, but no matter what, he gets itdone. After all, says Chandler, “it’s not goingto happen any other way.”

to it,” she says. While her passion for theshow may seem odd to those who know onlythe title, anyone familiar with Whedon’swork will doubtless agree.

After a few years working for KPMG andfor a firm in Gastonia, which she still holdsin high regard, Koontz realized that the full-time practice of law was not for her. Instead,she reached out to Cleveland CommunityCollege and offered to teach a law-for-non-lawyers course. They said no, but offered tolet her teach a public speaking courseinstead.

“I loved it,” says Koontz. Now, she is afull-time professor at Cleveland, but shehasn’t given up her legal roots; in addition topublic speaking and communications, shetakes great pleasure in teaching her studentsBusiness Law, and she is still a member ingood standing of the North Carolina StateBar. “Staying part of law through teachingwas definitely part of the decision,” she says.

It was only in 2005, after the release ofWhedon’s acclaimed movie Serenity, thatKonntz realized she could bring her passionsfor writing and for Whedon’s works to anentirely new level. The more she explored,the more she realized that a serious academiccommunity had sprung up around theauteur.

“Over the years, I realized you could writeabout this in a critical way and not be

Writing in a World of Lawcontinued from page 1

M a j o r ,

Lindsey

A f r i c a®

&

A t t o r n e y S e a r c hC o n s u l t a n t s

www.meckbar.org December 2009 11

childcare facilities for primary caregivers ofyoung children at Larry King’s Clubhouse:Children’s Play and Care Center.

The 26th Judicial District’s efforts to holdjurors accountable and raise awareness of theimportance of jury service were recognized bythe NCSC. The Mecklenburg County TrialCourt Administrator’s Office issues Orders toShow Cause to jurors who have continuouslyfailed to appear for jury service, leave withoutbeing dismissed, do not return for voir dire, ordo not return after being seated as a juror. TheOrders are served by the Mecklenburg CountySheriff’s Office and instruct jurors to appearbefore a presiding Superior Court Judge. Jurorshave the opportunity to explain why theycontinuously failed to appear. If the defendantsare found to be in contempt, the Judge usuallyimposes a fine and/or orders them to appearfor jury service on a specified date. To date, 31jurors have been imprisoned and/or given creditfor time served after being arrested. Issuing anOrder to Show Cause is a final attempt to getcitizens to respond to their jury summons orto complete their scheduled service.

Technical innovations aimed at makingjury service more convenient and efficient

were also highly praised. Recent technicalinnovations include an Interactive VoiceResponse telephone system that allows jurorsto check their reporting status, defer theirservice to a date of their choosing within sixmonths of their original scheduled date, andreceive general jury service information. Jurorreminder calls will soon be added to this system,intending to reduce the number of jurorFailures to Appear. Other technical innovationsinclude a web-based jury managementapplication to process juror information, and– soon – allow jurors to check and updatetheir personal information, view status, deferservice, request an excusal, look up servicehistory, and complete a jury service exitquestionnaire online. Additionally, a Juror FeeWaiver program will be implemented to allowjurors to donate their jury service fees to oneor more court programs and services, non-profit legal aid programs or the Crime VictimsCompensation Fund.

The Jury Assembly Room was deemed “amodel facility” due to the comfortable seatingand appropriate diversions, includingpanoramic views of Marshall Park, a businesscenter, and wireless Internet access for jurorsto stay productive while waiting. A café areaprovides access to a refrigerator, microwave,and light snacks and beverages. A pool table,

foosball table and video games are alsoavailable in the mezzanine. These amenitiesare provided at no cost to taxpayers by thecourthouse cafeteria operator.

Paula Hannaford-Agor, Director of theCenter for Jury Studies and NCSC VicePresident Robert Baldwin presented the awardduring a ceremony held in the Jury AssemblyRoom. We are honored to be the recipient ofthis award and will continue our efforts tomake performing jury service in MecklenburgCounty as convenient, efficient, and pleasantas possible.

Court Communiquéscontinued from page 5

LAW OFFICE OF GEORGE D. PAPPAS, ESQ. P.C.*

IMMIGRATION LEGAL SERVICES

Family Based ImmigrationNon-Immigrant Employment VisasImmigration Court RepresentationAdjustment of Status & Immigration Waivers

Charlotte Office5806 Prosperity Road, Suite A2-125

Charlotte, NC 28269Tel. (704) 614-9152

Email: malet1@aol.comwww.libertyimmigrationusa.com

*Admitted: NC & MA

Member: Mecklenburg County Bar (MCB)

American Immigration Lawyers Association (AILA)

MCB

Basketball

LeagueThe Mecklenburg

County BarBasketballLeague willbegin its 2010season in late

February/earlyMarch 2010. Games

will be played at the Harris YMCA. Ifyou’re interested in participating, pleasecontact Matt Arnold atmra@arnoldsmithlaw.com or NickAllmon at nallmon@rbh.com as soon aspossible!

MCB Refund Policy The Mecklenburg County Bar Board

of Directors approved a new Refund Policyon September 24, 2009.

Registration refunds are:1) 100% refundable for requests made 8 or

more days before the event;

2) 75% refundable for requests made 7 to 4days before the event (a 25% processingfee will be incurred); and

3) non-refundable for requests made 3 daysor less before the event.

Registrants requesting refunds 3 days orless before the event can be offered theoption to transfer the registration to asubstitute attendee. Requests for materials,if available, can be made at anytime duringthe refund request process. If no cancellationis received, payment is due in full.

Reservations received less than 24 hoursprior to the event cannot be guaranteed.Registrations at the event door will beaccepted on a space available basis. Anadditional charge may apply. Food orbeverage cannot be guaranteed.

A sponsorship and/or advertisementrefund will only be granted in the case thatthe Mecklenburg County Bar does not fulfillthe commitment(s) stated in the signed“Sponsorship/Advertisement Agreement”.

Refunds on any fees paid to theMecklenburg County Bar Lawyer ReferralService are subject to the specifications ofthe MCB LRS Guidelines.

Exceptions or requests for refunds not coveredby the above registration refund policy can beconsidered for approval by the MCB ExecutiveDirector or his or her designee.

MECKLENBURG COUNTY BAR

438 Queens RoadCharlotte, NC 28207

ADDRESS SERVICE REQUESTED

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CHARLOTTE, NC

PERMIT NO. 3337

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