the mecklenburg bar news - 3/09

March 2009 www.meckbar.org 1

March 2009

Volume 35 No. 9

From the President

Looking Out,Looking In

As part of the Bar’semphasis on continuousimprovement and theneed periodically tobenchmark ourorganization against othermetropolitan bars aroundthe country, we invited ateam from the American

Bar Association (ABA) to provide anoperational review of the Mecklenburg CountyBar (MCB) this past fall. We recently receivedthe report, and several of the findings should beboth insightful and challenging for both our staffand the volunteers who drive our programs andinitiatives.

First, the report found “the Bar is managedwell, administered efficiently, and governedeffectively and transparently.” We wereencouraged to continue our strategic planningefforts and establish mechanisms “to regularlyreview programs and activities for relevance bycreating expectations for performance andimpact.” The report recommended furtherdeveloping relationships and opportunities forpartnering with affinity bars (Leary, Women’s,and Latino for example) as well as the CharlotteSchool of Law.

Second, the team noted that the MCB isfinancially sound and non-dues revenue inContinuing Legal Education (CLE), LawyersReferral Service, and other activities are strong.Opportunities for improvement are in the areasof technology, particularly how members canaccess and pay for programs more easily withweb-based solutions.

Third, our staff was found to be“professional, competent, creative, and well-managed… (with) a sense of shared mission.”We were encouraged to create shared calendars,bring more technology administration in house,and review communication and engagementtools especially for a bar with a large portion ofits members under 36 years of age.

Fourth, our Bar Leadership Institute,diversity initiatives, and mechanisms forengaging managing partners and general counselsreflected the Bar’s sensitivity and unique positionin the legal community. Our CLE, cited by ourmembership as the number one service of ourBar, was complimented for its depth, breadth,and the ability to meet the needs of the noviceand seasoned attorney. The report urged somecommittee and section consolidation andimproving our alignment of volunteer lawyersand public service programs with members’interests and needs.

Finally, the brand quality of the Bar is welldesigned. This newsletter and the directory areeye-catching and readable. But the onlinepresence can be dramatically improved innavigation, content access, and ease of registrationand payment. Alternative electronic versions ofour communications should be considered.

John Lassiter,MCB President

Patrons Fund 2009Springs into Action: LawyersBuilding the Foundation

BY RICHARD THIGPEN,PATRONS FUND CHAIR,

MECKLENBURG BAR FOUNDATION

The Mecklenburg Bar Foundation 2009 PatronsCampaign will begin this spring. In spite of theeconomy, members of the Mecklenburg County Bargenerously contributed over $100,000 in 2008. Ourgoal for 2009 is to raise another $100,000 and,perhaps more importantly, to raise participation. Lastyear, only 255 of our 4,000+ members contributed tothe Fund. This year, we hope that many more of youwill join in. No gift is too small (or too large!) andincreased participation will be more important thanever in achieving our financial goal.

Over the past few years, the Bar Foundation hasused your contributions to provide funds to: expandand equip the Larry King Clubhouse, which providesa safe place for children to play in the Courthousewhile their parents are engaged in serious adultbusiness; support a pilot program in MecklenburgCounty to certify child welfare attorneys to representchildren and their parents in critical child welfare

hearings; implement an outreach campaign for theGinter Immigration Law Clinic throughInternational House; and help cover the costs of twopart-time attorney positions with the CustodyAdvocacy Program at the Council for Children’sRights. Each of these worthy programs helps addressthe legal needs of the citizens of our community. TheBar Foundation also continues to support the BarLeadership Institute, diversity initiatives, and otherprograms that benefit both members of the Bar andthe community at large.

The lawyers in Mecklenburg County are knownfor their willingness to share their financial resourcesin general campaigns for programs that are importantto our community. What is special about the PatronsFund Campaign is that it is our program. This is theone opportunity for lawyers to show the communitythat we care enough to try to make a difference inpeople’s lives who especially need it. If you havegiven in the past, we thank you and hope you willgive again, perhaps with a modest increase. If youhave not, please join us and make a contribution thisyear. Thank you!

by Robert P. Johnston

Claire Rauscher and James Wyatt were inductedas Fellows in the American College of Trial Lawyers.

Fellowship is extended only by invitation toexperienced trial lawyers whose careers reflectmastery of the art of advocacy and the higheststandards of ethical conduct, professionalism, civility,and collegiality. Membership can never be more thanone percent of the total lawyer population of anystate or province.

Other Fellows from Charlotte include JohnAllred, Ozzie Ayscue, Tim Barber, Martin Brackett,

Julius Chambers, Jim Cooney, Bob Cordle, HarveyCosper, George Daly, Jeff Davis, Doug Ey, JimFerguson, Peter Gilchrist, John Golding, MarshaGoodenow, Ed Hinson, Ward McKeithen, MarkMerritt, Bill Raper, Richard Stephens, CharlieTompkins, and John Wester.

The Executive Director of Federal Defenders ofWestern North Carolina, Inc., since its inception in2005, Rauscher was previously a solo practitioner inCharlotte with a state and federal criminal practice.Prior to relocating to Charlotte in 1994, Rauscherwas an assistant federal defender and assistant publicdefender in Philadelphia, Pennsylvania. An adjunctprofessor at Wake Forest Law School, Rauscher is agraduate of the University of Pennsylvania andTemple University School of Law.

Wyatt is a member of Wyatt & Blake, LLP, andis a litigator who has both a civil and criminal practice.Prior to opening his practice in Charlotte in 1986, heclerked for United States District Court Judge HaroldL. Murphy in the Northern District of Georgia. Hethen worked for two years with Bobby Lee Cook Sr.of Summerville, Georgia. Wyatt is a graduate ofVanderbilt University and Duke Law School.

Rauscher, Wyatt Inducted in American College of Trial Lawyers

ACTL Fellows Wyatt and Rauscher

18 Participate in Prospective Lawyer Interviews

continued on page 7continued on page 5

Eighteen local attorneys spent most of the daySaturday, January 10, at the Bar Center doing“character” interviews for prospective members of theNorth Carolina State Bar.

According to Ted Shapack, long-time chair ofthe Winter Bar Candidate Committee, the partici-pants included Mike Carr, Robert Dortch, Maya

Engle, Ross Fulton, Russell Hendrix, VanHilderbrand Jr., Elizabeth James, Hon. BobJohnston, Ann Lam, Chris Lam, David Lange,William Medlin IV, Anu Murthy, Cody Rifkin,Claire Samuels, Ted Shapack, Hon. BenThalheimer, and Anne Tompkins.

MCBNews.3-09v8:MCBNews 3/3/09 11:48 AM

Live ProgramsCompetency IssuesSponsored by the MCB Criminal JusticeSectionCLE Credit: 1.0 GeneralDate: Wednesday, March 25, 2009Time: Registration 12:00 p.m.

Program 12:30–1:30 p.m.Location: TCA Training Room, Level 4,

Mecklenburg County CourthouseFees: $75 attorney rate; $25 MCB

Criminal Justice Section memberrate; $25 paralegal rate andgovernment attorney rate

Land Title SurveysSponsored by the MCB Real Property SectionCLE Credit: 1.0 GeneralDate: Wednesday, April 15, 2009Time: Registration 12:00 p.m.

Program 12:30–1:30 p.m.Location: MCB CenterFees: $75 attorney rate; $50 MCB Real

Property Section member rate;$35 paralegal rate

Hard Times: How to Survive & Thrive inEconomic RecessionCLE Credit: 2.0 General, 1.0 Ethics, and 1.0

Mental Health/Substance AbuseDate: Friday, April 17, 2009Time: Registration 8:30 a.m.

Program 9:00 a.m.–1:00 p.m.Location: MCB CenterFees: $150 attorney rate;

$75 paralegal rateConservation EasementsSponsored by the MCB Tax SectionCLE Credit: 3.0 GeneralDate: Friday, April 24, 2009Time: Registration 8:30 a.m.

Program 9:00 a.m.–12:00 p.m.Location: TBAFees: $160 attorney rate;

$75 paralegal rateMaintaining Security of Law Firm & ClientInformationCLE Credit: 2.0 Ethics and 1.0 GeneralDate: Friday, April 24, 2009Time: Registration 8:30 a.m.


$75 paralegal ratePractice Before the ClerkCLE Credit: 3.0 GeneralDate: Friday, April 24, 2009Time: Registration 8:30 a.m.

Program 9:00 a.m.–12:00 p.m.Location: TBAFees: $160 attorney rate;

$75 paralegal rate

State Court View from the BenchSponsored by the MCB Family Law SectionCLE Credit: 1.5 GeneralDate: April 2009Time: Registration 12:00 p.m.

Program 12:30–2:00 p.m.Location: TBDFees: $90 attorney rate;

$45 paralegal ratePresentation Skills for AttorneysCLE Credit: 2.0 General and 1.0 EthicsDate: Tuesday, May 5, 2009Time: Registration 8:30 a.m.

Program 9:00 a.m.–12:00 p.m.Location: Interact Studio,

1435 West Morehead StreetFee: $195 attorney rateBankruptcy Forum 2009CLE Credit: 6.0 totalDate: Friday, May 8, 2009Time: Registration 8:30 a.m.

Program 9:00 a.m.–4:30 p.m.Location: Crowne Plaza HotelFees: TBDUCC Articles 3 and 4 UpdateCLE Credit: 3.0 GeneralDate: Friday, May 15, 2009Time: Registration 8:30 a.m.


$75 paralegal rateProfessionalism and Leadership Seminarat SeaCLE Credit: 7.5 Ethics and 1.5 Mental

Health/Substance AbuseDates: June 17, 2009, through

June 25, 2009Time: TBALocation: Regent Cruise Line Alaska

VoyageFee: $450 CLE only (does not include

travel and cruise expenses)

Video ReplaysFirm ConflictsCLE Credit: 1.0 EthicsDates: Friday, March 20, 2009, and

Wednesday, April 22, 2009Time: Registration 5 minutes prior to

programProgram 9:00–10:00 a.m. and2:00–3:00 p.m.

Location: MCB CenterFees: $75 attorney rate;

$35 paralegal rate

The Ethics of E-Mail and OtherCommunicationsCLE Credit: 1.0 EthicsDates: Friday, March 20, 2009, and


programProgram 10:00–11:00 a.m. and3:00–4:00 p.m.


$35 paralegal rateTop Ten Litigation PitfallsCLE Credit: 1.0 EthicsDates: Friday, March 20, 2009, and


programProgram 11:00 a.m.–12:00 p.m.


$35 paralegal rateLawyer Anxiety and Personality DisordersCLE Credit: 1.0 Mental Health/Substance

AbuseDates: Friday, March 20, 2009, and


programProgram 1:00– 2:00 p.m.


$35 paralegal rateEthical Fallout of State Bar v. NifongCLE Credit: 2.5 EthicsDates: Friday, March 27, 2009, and

Thursday, April 16, 2009Time: Registration 15 minutes prior to

programProgram 9:00–11:30 a.m.


$60 paralegal rateResidential and Commercial Landlord-Tenant Law—Practical & Ethical ConcernsCLE Credit: 3.0 General and 1.0 EthicsDates: Tuesday, April 28, 2009Time: Registration 15 minutes prior to

programProgram 9:00 a.m.–1:00 p.m.


$110 pro bono attorney rate;$90 paralegal rate

2 www.meckbar.org March 2009

Consider the MCB CLE AdvantageYour Bar offers high-quality, incredibly convenient, and cost-effective

continuing legal education programs right here in Mecklenburg

County. The feedback on our accreditation and evaluation forms

consistently rates our training as excellent. We offer live and replay

CLEs here at the Bar Center, other local sites, and even at your own

office as well as online programs right at your desk 24/7. Our

programs are competitively priced—with rarely any additional long-

distance travel expenses. And our customer service is friendly,

competent, and knowledgeable. Support your local Bar by getting

your CLE credits through the courses listed below.

In-House Video ReplaysYou can bring CLE video replays to your firm by contacting LisaArmanini ([email protected]) or CLE Assistant Sally Kenney([email protected]). Just guarantee that at least three attorneyswill view the course and give Lisa or Sally 30-days notice. Videoreplay hours do not count towards the four-hour online allotment.

Online ProgramsOnline CLE Program at www.meckbar.org. On demand, available 24hours. NC State Bar allows up to 4 hours of online coursesannually—video and live programs do not count towards that total.Customer service line 800/590-6867. MCB endorses only EducationOver the Net as our online hosting service.

MCBNews.3-09v8:MCBNews 2/25/09 4:01 PM


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

Chief Justice Parker ReceivesProfessionalism Award

North Carolina Chief JusticeSarah Parker was presented theAyscue Professionalism Award byMecklenburg Bar FoundationPresident Claire Rauscher duringthis year’s Law & SocietyLuncheon on January 29. She isthe Award’s fifth recipient.

A Charlotte native, ChiefJustice Parker was graduated fromGaringer High School in 1960and maintains a residence in theEastover Community. Sheattended Meredith College and was graduated fromUniversity of North Carolina at Chapel Hill, fromwhich she also obtained her juris doctor. She was aU.S Peace Corps volunteer in Turkey from 1964–66.

Chief Justice Parker practiced law here—firstwith Cansler Lockhart and then by herself—from

1969–84. She was active in theBar and the community. Havingserved as President of theMecklenburg County DemocraticWomen’s Club, she was on theExecutive Committee of theState Democratic Party. She wason the Mecklenburg County Bar’sExecutive Committee, serving asSecretary-Treasurer from1982–84.

Appointed to the Bench byGovernor James Hunt in 1984,

Justice Parker became an Associate Justice on theSupreme Court in 1993 and Chief Justice in February2006. She is the second Chief Justice of the NorthCarolina Supreme Court from Charlotte, the firstbeing the late William H. Bobbitt.

MCB AwardNominationsSought2008–09 VLP Pro Bono Awards

The MCB Volunteer Lawyers Programwelcomes nominations for the 2008–09 Pro BonoAwards. This year’s categories are:I. Outstanding Individual Attorney

II. Outstanding Large Firm with 25 attorneys ormore

III. Outstanding Small Firm with 24 attorneys or less

Winners will receive their awards at the MCBAnnual Meeting on May 21, 2009. Please submitnominations in writing before March 20, 2009.Any attorney, law firm, or organization may submitnominations. Nominations should state relevantinformation including types of volunteer workperformed, the number of pro bono hours worked (ifknown), and the impact of the nominee’s volunteerwork. Please send nominations to [email protected] MCB VLP, 438 Queens Road, Charlotte, NC28207.

2009 Liberty Bell AwardThe Law Day Committee is accepting

nominations for the 2009 Liberty Bell Award. Theaward, which will be presented at the upcoming LawDay Luncheon on May 1, 2009, is our Bar’s highesthonor for a non-lawyer. The purpose of the award isto recognize community service that hasstrengthened the American system of freedom underthe law. The following criteria govern considerationby the committee to recognize outstanding serviceby a non-lawyer in one of these areas:1. Promoting a better understanding of our

Constitution and the Bill of Rights.

2. Encouraging greater respect for law and thecourts.

3. Stimulating a deeper sense of individualresponsibility so that citizens recognize theirduties as well as their rights.

4. Contributing to the effective functioning of ourinstitutions of government.

5. Fostering a better understanding andappreciation of the rule of law.

Please forward your nominations, includingsupporting materials and résumé of the nominee (ifpossible), by March 30, 2009, by mail (Liberty BellAward, 438 Queens Road, Charlotte, NC 28207), byfax (704/333-6209, addressed to Liberty Bell Award),or by e-mail ([email protected], subject line:Liberty Bell Award). All nominations will be held inconfidence.

Chief Justice Parker and MBFPresident Rauscher

YLS Continues CommunityService Traditions

BY ANNE RANDALL, CHAIR,YOUNG LAWYERS SECTION

Holiday ProjectsThe Mecklenburg County Bar (MCB) Young

Lawyers Section (YLS) had great success with itsholiday community service projects and thanks allwho helped members of the community. YLSprovided Thanksgiving meals to 79 families. For theGiving Tree Project, the YLS provided presents to280 children and 109 seniors or adults in the care ofthe Department of Social Services. A special thanksto the following groups for fulfilling a large number ofthe gift requests:Alston & Bird (284);Parker Poe Adams & Bernstein (50);

Federal Defenders of Western North Carolina (25);Cranfill, Sumner & Hartzog (17);Moore & Van Allen (5);Special Counsel (3);McAngus, Goudelock & Courie (2); andGroup from Ogletree, Deakins, Nash, Smoak andStewart; Moore & Van Allen; and Bank of America(3).

Spring Clothing DriveThe MCB YLS Community Service Committee

will be sponsoring a spring clothing drive benefittingCrisis Assistance Ministry. Be on the look out for aneblast on this and do some spring cleaning in yourclosets for a good cause.

CorrectionIn the January article, the YLS thanked the attor-

neys who volunteered for the Academic Internshipprogram. We neglected to include John C. Lindley IIIof Johnston, Allison & Hord in the list of volunteers.Thanks again to all the attorneys that took time tospeak to high school students about the legal profession.

Swearing-In Volunteers NeededOur newest attorneys will be sworn in on

Thursday, April 30, 2009, at the Marriott CityCenter (please see page 7 for details). If you wouldlike to volunteer to be a new attorney sponsor, pleasecontact Jason James at [email protected] orLibby James at [email protected].

Save the Date forthe Annual Meeting

Among the items on the noonMay 21st agenda: election of the new

Board officers for the 2009–10 fiscal year(see insert for more details), recognitionof those who did outstanding pro bono

work, and updates about the Bar.More details coming next month.



BY CHRIS OSBORN, CHAIR,LAWYERLIFE RESOURCE COMMITTEE

“Okay, Rick, so you’ve told me about the fight.Now let’s look back at it. Tell me where you wentwrong.”

Rick didn’t hesitate for a moment. “Well, I told you,after she said the bit about me never being around foranything important, I threw my glass into the sink andsmashed it, stormed out of the room, and slammed thedoor. I’m ashamed of that now, and I can see that maybethat was not helpful. She just made me so mad!”

“Uh-huh, I got that,” replied John. “But myquestion was where you went wrong.”

Now the young attorney was a bit fazed. “What doyou mean? I lost it when I slammed the glass. Isn’t itobvious?”

“Well, yes, you were out of control then, sure. Buthow did you get there?” Seeing Rick’s continuedpuzzlement, the counselor pressed further. “What wereyou saying or doing before that?”

“Well, I was telling her about all the pressure I amunder at work and asking her to cut me some freakin’slack with the kids.” Rick’s verbal pace quickened and hisvoice tensed even as he recounted the discussion. John satsilently, understandingly, yet still probingly, letting thetone of Rick’s words hang in the air. “OK, so was that

where I began to lose control?” Rick finally queried.“Were you raising your voice?”Rick nodded. “Were

you standing up or sitting down?”“Standing,” replied Rick. “But she was across the

kitchen.”“What were you saying before that?”“Good grief,” thought Rick. “What is this, a cross-

examination? I’m the freakin’ lawyer here!”In a discussion of importance with a loved one—

or an opposing counsel, for that matter—have youever lost your temper and uttered words that you laterregretted? Have you allowed a simple disagreement toturn personal, ugly, juvenile? Have you ever had to goback and apologize for talking foolishly and hurtingyour partner’s feelings? Perhaps, like many of us, youcan maintain your cool for quite a while, buteventually something said hits a nerve and youexplode in a tirade of ad hominem attacks.

Most of us, on some level, are aware that ispossible to lose control of our emotions and thatanger can become destructive. What we may notrealize is how we let ourselves get into an emotionalstate that dramatically increases the likelihood of acruel or violent outburst. Our efforts to “maintainself-control” frequently fail because we wait far toolate into the discussion to employ them—or evenrealize that they are needed. It’s a bit like the classic

scene from old-timey movies in which a passengersenses danger and grabs the overhead handbrake tostop a speeding train—except in this instance, thetrain has already jumped the tracks and careened offthe cliff!

The point of the vignette above is that when webecome argumentative with a loved one, we risksetting in motion a chain of events that takes on alife of its own—both internally and externally. Rickwants to stop the angry outbursts that leave himashamed, and his wife hurt and afraid, but unless helearns to keep the train from getting up a head ofsteam in the wrong direction, it will keep followingthe same path with similar results.

Why do we tend to operate this way? Part of theanswer is that we are physical beings. Our emotionsare not some esoteric, ethereal essence floating out inspace; nor are they reflected solely in our facialexpressions or body language. Rather, our bodiesreact physically to what our minds are experiencing,hearing, and communicating. Perhaps you can recallthe accelerated heart rate you experienced the firsttime that a judge took stern issue with yourcourtroom presentation, or that you presented aresearch memo to the most menacing partner in yourfirm. The autonomic nervous system is wired to knowwhen any part of the person is in danger. Once thebiological “fight or flight” response kicks in, it is oftendifficult for the mind to regain control until theadrenalin secreted in the stress response has subsided.

Moreover, when we experience hurt ormistreatment, the urge to strike back is strong. This isboth a psychological and a biological reality. Thesting of an insult or criticism received dissipates if wecan turn the tables and inflict harm on ourtormentor. That snarky retort truly makes us feelbetter, for the moment at least. Unfortunately, as twopeople continue this escalating process, the blows hitlower, the cuts go deeper, and often the originalsubject of disagreement is obscured or lost altogether.

The way we lawyers work and regularlycommunicate makes us especially susceptible tosetting this process in motion. Litigation, inparticular, is all about point–counterpoint, allegationand response, query and objection. We would not bedoing our jobs were we not to advocate zealously forour clients’ positions.

In our intimate relationships, though, we have tobe careful not to switch into this mode ofcommunication. The first reason is that it isbeneficial to maintain composure in our interactionswith our loved ones—both for our own and the otherperson’s sakes. When we keep our tongues in check,we maintain our credibility in the relationship,probably sustain fewer retaliatory wounds ourselves,and have less relational damage to repair in theaftermath. Plus, we may even stand a better chanceof being heard and understood by the other person.But the first key to controlling the conversation-stopping, partner-harming behavior lies in notboarding the argument train in the first place—orgetting off it as soon as we realize what is happening.

So, the next time you find yourself in a heateddisagreement, pay attention to your body. What ishappening to your heart rate, the muscles in yourback, the tone of your voice, the relative posturebetween the two of you? Notice at what point youbegin talking more than listening, defending morethan seeking to understand. At what point are youdriving the train, and at what point are you at itsmercy? We’ll start exploring some of the alternateroutes and emergency exits next month.919.677.8900 800.662.8843 Fax: 919.677.9641 www.LMLNC.com [email protected]

Make your pathway tosuccess a safe one.

Lawyers Mutual. Think Ahead.

Lawyers Mutual Liability Insurance Company is founded, governed and staffed by experienced North Carolina attorneys, so we know our way past hidden obstacles. With over 30 years of experience and nearly 8000 insureds, we are es-pecially well prepared to identify the hazards that are unique to your law practice. Our exceptional risk management programs help you avoid liability problems, and our malpractice coverage is backed by a proven team of claims attorneys.

Your career journey shouldn’t have to be risky. Let Lawyers Mutual help planyour route, and you can enjoy it safely.

How to Stop Litigating OurselvesOut of Good Relationships Continued

LawyerLife Resources CommitteeFrederick Benson (704) 686-0431 [email protected]

Don Carroll (704) 892-5699 [email protected]

Woody Connette (704) 377-4300 [email protected]

Kevin Davis (704) 332-4588 [email protected]

Tom Dickinson (704) 376-3200 [email protected]

Dr. G. H. Dornblazer (704) 342-2577

Dr. Michael E. Hall (704) 858-2984 [email protected]

Michael Kahn (704) 962-8023 [email protected]

Amanda Mingo (704) 376-3200 [email protected]

Chris Osborn (704) 716-0826 [email protected]

Dr. Joseph A. Parisi (704) 362-1555, ext. 14 [email protected]

Sara Pressly (704) 336-3370 [email protected]

James Pulliam (704) 338-5000 [email protected]

Nancy M. Roberson (704) 375-8624, ext. 111 [email protected]



BY JACKIE FOGARTIE,VOLUNTEER LAWYER PROGRAM COMMITTEE

VOLUNTEER

Beginning this month, the Mecklenburg CountyBar’s (MCB) Volunteer Lawyer Program (VLP) willrecognize one individual or firm a month for his, her,or its dedication to volunteer and pro bono work.

Our March spotlight is on Sean W. Lew. Sean(pronounced “Seen”) is the Assistant Professor of ProBono at the Charlotte School of Law. Before August2008, he practiced law with Womble CarlyleSandridge & Rice, PLLC, and was a solo practitionerin Forsyth County for six years. In addition to hisimmigration law and general practice work, Sean hasreceived numerous awards for his pro bono legal workwith immigrants, self-help organizations, andunderprivileged citizens. He received his juris doctorin 1998 from the University of North Carolina atChapel Hill and his bachelor of arts in 1991 from theUniversity of Pennsylvania. Sean was graciousenough to answer a few questions for our spotlightarticle this month. For more of Sean’s answers to ourquestions, please visit www.meckbar.org.

MCB VLP: Tell us a little about your pro bono work.

SL: I have been very pleased to be part of the MCBVolunteer Lawyer Program’s efforts to develop a poolof volunteer pro bono attorneys dedicated to assistingin immigration matters, particularly Violence AgainstWomen Act (VAWA) petitions and U-Visas. VAWApetitions allow immigrant domestic violence victimsto file for immigration relief that allows them to

obtain permanent resident status in theUnited States. U-Visas are available tonon-U.S. citizens who have sufferedsubstantial physical and/or mental abuseresulting from a wide range of criminalactivity and are assisting with investi-gating authorities for the prosecution ofthese crimes. These U-Visas aredesigned to combat human trafficking.

On March 13, 2009, the MCB and CharlotteSchool of Law cosponsored a seven-hour continuinglegal education (CLE) program entitled ImmigrationWorkshop for the Bench and Bar. This CLE was offeredto all MCB members who have an interest inlearning more about the recently opened CharlotteImmigration Court. The morning was spent in ageneral session designed to give attendees an idea ofwhat kinds of cases are heard by the new Charlottecourt, as well as issues involving detention anddefinitions of convictions for immigration purposes.The afternoon was geared to teaching nonpractitionersthe ins and outs of VAWA and U-Visa/humantrafficking cases. It is hoped that this CLE will resultin more MCB attorneys agreeing to help withVAWA/U-Visa cases. The MCB VLP is currentlyspearheading this issue as a pro bono endeavor.

Much has changed since I was a law student. Tenyears ago, I remember few students talking aboutpursuing immigration law as a possible career field. Idon’t think my law school even offered an immigrationcourse at the time. Now, on all law school campusesin the state, I am struck by the energy and dedication

MCB Volunteer Spotlight of current law students and faculty alikewho are cognizant of the enormous legalneeds within the state’s immigrantcommunities. Through the MCB and theCharlotte School of Law, I have beenblessed to meet dedicated immigrationpractitioners in Charlotte who havedevoted their time and efforts in thename of immigrant advocacy. It’s been anhonor for me to collaborate with RonaKaracaova, Heather Ziemba, GeorgeMiller, and Cynthia Aziz. I hope more

MCB attorneys get involved with immigration lawpro bono work.

MCB VLP: How can the Mecklenburg County legalcommunity help with this issue?

SL: Please contact Larry Gwaltney, MCB VLP Co-Chair, at [email protected] to see how youcan get involved and make a difference!

MCB VLP: Are there any other pertinent things youwould like to share with the Mecklenburg County Barand legal community?

SL: Pro bono, pro bono! It has been reported thatover 80% of low-income people and people of modestmeans cannot afford to pay attorneys and are unableto secure representation by pro bono volunteers. Theneed is there. Are you willing to step up and help?

For suggestions of future spotlight subjects or tofind out more information about the opportunitieswithin the Volunteer Lawyer Program, please contactthe VLP Coordinator, Mary Jordan Mullinax [email protected] or 704/375-8624, ext 115.

Sean Lew

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Mayoral candidates Foxx and Lassiter

Lawyers in the Newscontinued from page 1

Parnell Receives Chief Justice’sProfessionalism Award

Chief Justice SarahParker presented E. Fitzgerald(Jerry) Parnell III with theNorth Carolina Chief Justice’sProfessionalism Award at the10th Anniversary Celebrationof the Chief Justice’sCommission on Professionalismon November 14 at the North

Carolina Museum of Art.Three awards were given this year in honor of

the 10th anniversary celebration. The recipients werehonored for their dedication and commitment toprofessionalism and public service in North Carolina.The award is presented annually to a nominatedindividual or organization that has “demonstrated thegood that can be accomplished by turningintellectual honesty, compassion, and practical skillsin the practice of law.”

Parnell is a University of North Carolina Schoolof Law alumnus who has been practicing law for 35years. Having served as law clerk to Chief JusticeWilliam H. Bobbitt of the North Carolina SupremeCourt and as an Assistant United States Attorney forthe Western District of North Carolina, he is afounding member of the North Carolina EqualAccess to Justice Commission, a founder and past-chair of the North Carolina Federal Bar AdvisoryCouncil, and a permanent member of the FourthCircuit Judicial Conference.

Parnell has also served as a member of theStanding Committee on Ethics and ProfessionalResponsibility of the American Bar Association(ABA) and currently serves on both its NominatingCommittee and on the Steering Committee of theNominating Committee. He represents North

Parnell

Carolina attorneys in the ABA’s House of Delegates.In addition to serving the North Carolina State Baras president, he has also chaired its Ethics,Professionalism, Executive Publications, and Ethics2000 committees. He is a member of both theSouthern Conference of Bar Presidents and theNational Conference of Bar Presidents.

Foxx, Lassiter Run for MayorAttorneys Anthony Foxx and John Lassiter—

both at-large members of Charlotte City Council—seek the Charlotte mayor’s seat currently occupied byMayor Pat McCrory.

Foxx is a Democrat who practices with Hunton& Williams; Lassiter is a Republican who is presidentof the Mecklenburg County Bar and Carolina LegalStaffing, LLC, a legal staffing firm.

Foxx received his undergraduate degree from

Davidson College in 1993 and his juris doctor fromNew York University (NYU) School of Law in 1996.At NYU he was a Root-Tilden Public Interest Scholar.

Lassiter received his undergraduate degree fromWake Forest University in 1976, his master of publicadministration from North Carolina State Universityin 1977, and his juris doctor from Wake Forest in1980.



Spring 2009 MCB EventsTuesday, April 14, 2009

Support Nonprofit andGovernment Agencies at theAnnual McMillan Fund Dinner

Each year, the Mecklenburg Bar Foundation’s McMillan Fund promotesjustice and innovation within our local legal system by awarding paid fellowshipsto law students to work in local not-for-profit and governmental agencies. Themain source of financial support for these fellowships is the annual McMillanFund Dinner.

Highlights of this year’s Dinner include keynote remarks by Jack Boger, Deanof the University of North Carolina Law School, followed by the presentation ofthe second annual Julius L. Chambers Diversity Champion Award. The Awardrecognizes outstanding contributions to diversity and equal opportunity in ourcommunity. It is named for the Award’s first recipient, the distinguished civilrights attorney Julius L. Chambers, who represented the successful plaintiffs in theCharlotte-Mecklenburg Schools desegregation case. (The presiding judge in thecase was the late James B. McMillan, whose memory the McMillan Fund honors.)

We hope that you will join us for this exciting event—and in supporting thisyear’s McMillan Fellows—by attending the 2009 McMillan Fund Dinner!When: 6:00 p.m., April 14.

Where: Byron’s South End, 101 W. Worthington Ave.

Costs: $125 per person ($60 of which is tax-deductible), $300 for a two-person sponsorship ($170 ofwhich is tax-deductible), or $1,500 for a corporate/firm sponsorship for a table of eight.

Attire: Business formal.

Registration: Please go to www.meckbar.org for an invitation/registration form (please remember to indicateyour meal choice[s]). The registration deadline is April 7.

Questions: Please contact Leah at [email protected] or 704/375-8624, ext. 114.

Thursday, April 9, 2009

Network atMCB Luncheon Series

Join your fellow Mecklenburg County Bar (MCB) members for food and fellowship at the MCB’s monthlyLuncheon Series. Keep an eye on our website and your weekly Bar Blast for our next speaker. See you at ournext luncheon on April 9!

Schedule for 2009Date Speaker Registration Deadline

April 9, 2009 TBA April 3, 2009

June 11, 2009 TBA June 5, 2009

Time: Noon.

Location: First Presbyterian Church, 200 W. Trade St.

Cost: $10.

For more information, please contact Leah ([email protected] or 704/375-8624, ext. 114).

MCB Luncheon Series Registration Form(Cost is $10 per person)

Name___________________________________________________________________________________

Firm name_______________________________________________________________________________

E-mail __________________________________________________________________________________

Phone _____________________________________Fax__________________________________________

I’m enclosing a check payable toMecklenburg County Bar TOTALING: _____________

For the 4/9/09 luncheon, please mail your registrationform and check before 4/3/09 to MCB Luncheon Series,

438 Queens Road, Charlotte, North Carolina 28207

Judge McMillan

SMITH, PARSONS& VICKSTROM, PLLC

Is pleased to announce thatKevin V. Parsons has joinedthe firm as a partner. Mr.

Parsons’ practice focuses on labor & employment litigation and counseling for employers.

6060 Piedmont Row Drive SouthSuite 150

Charlotte, North Carolina 28287(704) 557-9929

www.spvlaw.com

Court Communiqués

Goingwith the(Case) Flow

BY CHARLES KELLER, JR.

The 26th Judicial District has made aconcentrated effort over the last 16 years tomeet the standards set forth by the AmericanBar Association (ABA) with regards to thedisposition of Superior Civil Court cases. TheTrial Court Administrator’s (TCA’s) Office ispleased to report that the Court has partiallymet some of the standards in the 2007–08 fiscalyear and is on the cusp of meeting the others.

According to the ABA, 90% of all civilcases should be settled, tried, or otherwiseconcluded within 12 months of the date offiling, 98% within 18 months of filing, and theremainder within two years of filing.

In fiscal year (FY) 2007–08, the 26thJudicial District disposed of 89.8% of the caseswithin one year of the filing date. The Districtalso experienced a consistent decline in thenumber of cases pending at the two-year mark,decreasing from 69 in 2004 to 23 in 2008. Itshould be noted that these remaining 23 casesare all on appeal or classified as either 2.1 orcomplex business cases. The median age of caseshas also been reduced from 159.0 in FY 2004–05to 108.0 in FY 2007–08. This is a total decreaseof 51 days.

To put the magnitude of thisaccomplishment in context: In 1992, theaverage age of cases in Superior Civil Court was330.9 days and the median age was 272. Overthe last 16 years, the average age has beenreduced by 173.4 days and the median age hasbeen reduced by 164 days.

In terms of how the 26th Judicial Districtranks among other judicial districts that have aTCA, our district ranked eighth out of 13districts in 1993 in the median age category. In2008, we ranked first out of 16 districts in themedian age of cases at 108.0 days, second in theaverage age in days category at 157.5 days, thirdin the percentage of cases pending at the two-year mark at 1.1%, and third in the 1 to 2–yearmark at 9.1 %.

These reductions are the product of a casemanagement system that monitors cases fromthe point of filing and seeks to eliminate allunnecessary delay while allowing adequate timefor case preparation.



2009 MCB Law Day Luncheon Registration Form

Name___________________________________________________________________________________

Firm name_______________________________________________________________________________

E-mail __________________________________________________________________________________

Phone _____________________________________Fax__________________________________________

�� Enclosed is my check payable to Mecklenburg County Bar for $30

Please mail your registration form and check by 4/24/09 to MCB Law Day, 438 Queens Road, Charlotte, North Carolina 28207

Thursday, April 30, 2009

Attend the Spring 2009Swearing-In CeremonyWhen: 2:30 p.m. for new attorney registration, 4:00 p.m. for the ceremony, reception following, April 30.Where: The Marriott City Center, 100 W. Trade St. Attire: Business formal.Registration: Please go to www.meckbar.org for more information and a registration form.Questions: Please contact Amy at [email protected] or 704/375-8624, ext. 124.

Friday, May 1, 2009

Hear Justice Timmons-GoodsonDeliver Law Day Address

The Mecklenburg County Bar’s annual Law Day Luncheon will featureNorth Carolina’s own Supreme Court Justice Patricia Timmons-Goodson asthe keynote speaker. Justice Timmons-Goodson is the first African-Americanwoman to sit on the North Carolina Supreme Court and only the thirdwoman elected to do so. Justice Timmons-Goodson is one of North Carolina’slongest-serving active judges.

The Luncheon will also feature the presentation of the Liberty BellAward. The Liberty Bell Award is given to a non-lawyer in recognition ofcommunity service that has strengthened the American system of freedomunder law. Please see page 3 for information on how to nominate a candidate.

This is a wonderful opportunity for firms to socialize and network withfellow Bar members and judges. Firm sponsorships are available for $550.00.Firm table sponsorship includes reserved seating for 10. Please contact Leah [email protected] or 704/375-8624, ext 114, if your firm would like to supportthis special luncheon and/or purchase additional tickets.When: 12:00–1:30 p.m., May 1, 2009.

Where: Hilton Charlotte Center City, 222 E. Third St.

Cost: $30 per person by check, $31 per person by credit card, or $550 for a firm sponsorship (10 seats).

Attire: Business formal or casual.

Registration: To register with a check, please use the form below. To register by credit card, please go towww.meckbar.org (there will be a $1 processing charge). The registration deadline is April 24.

Justice Timmons-Goodson

retired in 1993, he served on recall for 15 more years.During this period, esophageal cancer stole his voice.No matter. Wooten held court using concert speakersand an amplified whisper. When his throat againfailed him and a feeding tube became necessary,Wooten sacrificed lunch but not work. He held courtuntil the month before he died and was not ready toquit then. In our last conversation, Wootenapologized for “laying out.” He promised to be backin February.

Wooten believed in a “happy God.” Emulatinghis creator, Wooten found contentment in all thingsgiven to him. As his body failed, he stood resolute.When a visiting minister offered to say a prayer on

his behalf, Wooten accepted but insisted that it be aprayer of thanksgiving. “I’m done with beggingprayers,” he explained.

Wooten raised two fine children of whom he wasproud but typically never boasted. Married for 50-plusyears, Wooten considered wooing Frances to be hisfinest achievement.

In addition to family, Wooten raised a long lineof law clerks, staff, and attorneys in close paternalrelationships. One of them, I was in a trial when hedied. I pulled the attorneys aside to tell them the sadnews. When I mentioned Wooten was a secondfather to me, one replied, “Yes, to you and a wholelot of other people.” How very true.

Fine As Silk continued from cover

As you can see, we should have great pride inour Bar. However, the ABA team posed moredifficult questions for the future: “What do we wantto look like, and how do we get there?” We will needyour help as the Board, committees, and sectionswork through these issues. We will be posting the fullreport on the website, taking steps to address thespecific process suggestions, and beginning to tacklethe complex systemic, financial, and policy issuesthat will require collaboration and, in some cases,difficult choices.

President’s Letter cont’d from page 1

EDITORIAL POLICY

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

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

Communications Committee: Tricia Derr,Chair, Judge Bob Johnston, Mike Daisley, AlanEdmonds, Will Esser, Jon Goldberg, Allison Karp,Charles Keller, John Lassiter, Phillip Lewis, ValerieMunei, Nancy Roberson, Michael Shor, Russ Traw

Thanks to Our 2009

Law & SocietySponsors

The Mecklenburg County Bar and theMecklenburg Bar Foundation would like to thankthe following sponsors for their generous supportof the 2009 Law & Society Luncheon:

Gold Sponsors ($2,500)King & Spalding LLP

Moore & Van Allen PLLCWomble Carlyle Sandridge & Rice, PLLC

Silver Sponsors ($1,000)Alston & Bird LLP

James, McElroy & Diehl, PAJohnston, Allison & Hord, PA

Littler Mendelson, P.C.McGuireWoods, LLP

Nelson Mullins Riley & Scarborough, LLPOgletree, Deakins, Nash, Smoak & Stewart, P.C.

Parker Poe Adams & Bernstein LLPRobinson, Bradshaw & Hinson, PA

Contributors ($500)Anderson Terpening, PLLCCarolina Legal Staffing LLC

Cranfill, Sumner & Hartzog, LLPDixon Hughes PLLCGoodrich Corporation

Hamilton Moon Stephens Steele & Martin, PLLC

Hedrick Gardner Kincheloe & Garofalo, L.L.P.Poyner & Spruill, LLP


March

2009

www.m

eckbar.o

rg

March2009

Volume35

No.9

“FineAsSilk,

Not

Nearly

SoSmooth

”BY

HON.J.C

RAIG

WHITLEY

Ask

howhe

wasand

thiswasBankruptcy

JudgeMarvin

Wooten’sreply.U

ntilhe

passedaw

ayon

January29

atage80,itneveroccurred

tomehow

wellthisadage

describedthe

man.

There

wasnothing

smooth

orcontrivedabout

Wooten.H

edrove

anold

car.Hewore

suitsfromSears

&Roebuck.H

eterm

edhim

selfa“low

-downjudge”

notbecausehe

thoughtpoorly

ofhimselforhisposition.R

ather,asatrialjudge,he

realizedhe

occupiedthe

firststepofa

tall,federalladder.Ask

Wooten

abouthisjudicialphilosophyand

allyouwould

getbackwasa

referenceto

“main

strengthand

awkw

ardness.”Law

wasaboutdoing

rightandpunishing

wrong,

notabouthimorany

personalphilosophy.Self-confidentasany

man

Ieverknew,Wooten

alsopossessed

thesm

allestego.Personalinterestscamelast,ifthey

were

consideredatall.Before

takingthe

benchin

1976,Wooten

hadasuccessfulcareerin

stategovernm

entasajudge,parole

boardchair,and

utilitiescommission

chair.Nevertheless,w

henachange

inthe

bankruptcysystem

forcedhim

toreapply

forthe

seathealready

held,hissecretaryand

lawclerk

(me)

hadto

rewrite

hisapplicationto

includeafew

credentials.Wooten’s

firstdraftcontainedlittle

more

thanhisnam

eand

address.Asa

judgeWooten

hadan

amazing

abilityto

gaugeparties

andcutto

theheartoftheirdisputes.H

ewasplain-spoken

inhisassessm

ents.Adebtoreagerto

keephishom

e,butlessdiligentaboutpaying

forit,would

bescolded,“Ifyou

can’tpay,

youcan’tstay!”

Bankpresidentsw

hosecollection

departments

violatedbankruptcy

lawsreceived

personalinvitationstoattend

courtandexplain

themselves.Law

yerswho

triedto

mislead

thecourtw

eresetstraightw

ithWootenism

s:“Mom

ma

may

haveraised

anugly

boy,butshedidn’traise

nod---fool!”

or“Son,you’vecom

eto

thegoatm

anforw

ool!”Dilatory

practicesdrewan

annoyedadm

onishment,“W

e’vegotto

ploworgetoutofthe

field!”Wooten

wasfiery.Long

beforethe

microw

ave,instantheating

wasa

stapleofbankruptcy

practice.Facingajudge

bothinterested

inthe

issuesandintolerantof“frittering

around,”the

hardestthingforan

attorneywasto

knowwhetheryou

were

beingyelled

atbecauseyourargum

entwasoffbase

(inwhich

caseyou

shouldshutup)

orbecauseitw

assointriguing

thatWooten

wanted

youto

fullyexplain

it(inwhich

caseyou

shouldkeep

talking).Sometim

esthisvolumecreated

problems.

Tryingacase

downthe

hall,JudgeJim

McM

illanonce

sentaclerk

totellW

ootento

“holditdow

n.”Seem

sMcM

illancould

nothearhisownwitnesses.

How

everunsmooth,the

oldman

wasfine

beyondmeasure.

Achild

oftheDepression,W

ootenunderstood

poverty.Hewas

asteadfastfriend

tothe

downtrodden.H

epersonified

equity.Once

anattorney

with

atechnically

correctbutmanifestly

unfairargumentdem

andedafavorable

rulingfrom

theJudge,“I

havesearched

thelaw

andfound

absolutelyno

authoritysupporting

myopponent’sposition.”

Wooten

leanedforw

ard,“W

ell,son,getyourpencilout,I’maboutto

giveyou

some.”H

erem

indedusthat,atitsbest,law

issimply

codified“good

sense.”Wooten

wasa

churchman

who

livedthe

preceptof“hatingsin,butloving

thesinner.”

Dealing

with

adebtorw

hohad

played“hide

thecar”

oncetoo

often,Wooten

requiredthathe

surrenderhiskeystothe

bank.Thisstranded

bothdebtorand

hiscounselmilesfrom

home.W

ootengave

themaride

home.

Honored

tobe

ajudge,W

ootengave

ithisall.Technically

continuedon

page7

Judge

Marvin

Wooten

MEC

KLEN

BU

RG

CO

UN

TY

BA

R438

QueensRoadCharlotte,NC

28207ADDRESS

SERVICEREQUESTED

PRSRTSTD

U.S.POSTAGEPAID

CHARLOTTE,NCPERMIT

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ledge

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DATEDMATERIAL

InThisIssu

e“Fine

AsSilk,N

otNearly

SoSm

ooth”.................cover

Fromthe

President.........................................................1

PatronsFund2009..........................................................1

Lawyersin

theNew

s......................................................1

CLE

Courses...................................................................2

ParkerReceivesA

yscueProfessionalism

Award

...........3

YLS

ContinuesC

ommunity

ServiceTraditions...........3

Savethe

Date

fortheAnnualM

eeting........................3

MCBAward

Nom

inationsSought................................3

Lawyersin

Love..............................................................4

MCBVolunteerSpotlight..............................................5

CourtC

ommuniqués......................................................6

Spring2009

MCBEvents..............................................6

Law&

Society2009

Sponsors.......................................7


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