The Litigation Section is thrilled to be able to recognize John R. “Buddy” Wester as the 13th recipient of The Advocate’s Award. Wester, who served as president of the North Carolina Bar Association in 2009-2010, was recognized at the annual meeting of the Litigation Section on May 18, 2021, conducted via Zoom. You can view a recording of the award presentation here (Passcode 2L02D+ws).
John R. “Buddy” Wester
Russell Rawlings wrote a wonderful article about Wester for North Carolina Lawyer, and that story can be found here.
The Advocate’s Award is presented by the Litigation Section as merited to recognize members who are the “superstars” of our Bar, and recognizes litigators who 1) have the highest ethical standards; 2) have shown great skill and ability as litigators/trial lawyers and commitment to the very best work product; 3) demonstrate a true commitment of service to clients; 4) demonstrate a respect for and love of the law; 5) are held in the highest regard by both bench and bar; 6 ) are dedicated to the community and the bar with a track record of pro bono or volunteer service; and 7) serve as an example of how to effectively balance both outstanding professional performance and other life endeavors. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2021-05-20 14:57:572021-05-20 15:16:07John R. “Buddy” Wester Receives The Advocate’s Award
On May 12, 2021, the Bankruptcy Section convened virtually to recognize two exceptional attorneys for their contributions to the practice. The 2020 Outstanding Achievement Pro Bono Award was presented by the Pro Bono Committee to Heather Culp. The 2020 Lifetime Achievement Award was presented by the Lifetime Achievement Award Committee to W.B. “Ben” Hawfield Jr. The below comments are adapted from the comments of Tyler J. Russell, who presented the Pro Bono Award on behalf of the Pro Bono Committee, and Ashley Rusher, who presented the Lifetime Achievement Award on behalf of the Lifetime Achievement Award Committee. Read more
I hope this message finds each of you well and enjoying professional fulfillment in your law practice. I expect that many of us would say that the prior year has been among one of the most unusual, and perhaps trying, of our lifetimes. Although probably not at the top of our list of challenges wrought by the COVID-19 pandemic, I am sure that most of us have missed gathering with our colleagues at in-person CLE programs and other section activities. As we head towards a full reopening of society and commerce, which I hope will include in-person meetings and gatherings in the not-too-distant future, I would like to make sure that our section members are aware of several pending bills in the General Assembly of interest to real estate practitioners so that you may provide feedback to your representatives as you see fit. This legislative session is particularly busy with impactful legislation for real estate lawyers, and this message will touch upon only certain significant bills: Read more
Nelson Mullins Riley & Scarborough LLP Announces New Partner
William S. Smoak Jr. has joined Nelson Mullins Riley & Scarborough LLP as a partner in the firm’s Charlotte office. Smoak is a corporate attorney who represents clients in a variety of mergers and acquisitions and general corporate activities. He graduated with a J.D. from Duke University School of Law, where he was a member of the Order of the Coif. Smoak received a B.A., magna cum laude, in history from Davidson College.
Williams Mullen Welcomes Alexander Gormley
Alexander M. Gormley has joined Williams Mullen. Gormley, an attorney in the firm’s Litigation Section, will practice in the Raleigh office. Gormley has more than 10 years of experience as a litigator. He has experience in complex commercial litigation, professional liability, ERISA and employment law. Gormley obtained a J.D., summa cum laude, from the University of Maryland School of Law and a bachelor’s degree, summa cum laude, from the University of Pennsylvania.
Rylee Dillard Returns to Willson Jones Carter & Baxley
Willson Jones Carter & Baxley announced that Rylee Dillard has returned to the firm’s Charlotte office. Dillard’s practice areas include workers’ compensation defense and liability litigation defense. She graduated with a J.D. from the University of South Carolina School of Law and a B.A. in political science from the College of Charleston.
If you have practiced administrative law in the last ten years, you know about the movement to deregulate occupational licensing. You have heard the many “licensing – bad, deregulation – good” arguments. Until now, there has not been an accessible legal resource for the opposite approach, “the licensing is good for society” side of the argument. Indeed, that side of the argument was often and publicly disparaged.
Thanks to Jeff Gray, longtime Admin Law Section member and former Section Chair, his new Campbell Law Review article changes that:
This article should be a “must read” for all administrative law practitioners. It includes actual research results as well as a history of occupational licensing and opposition to it. It addresses and counters each of the arguments of occupational licensing opponents.
Jeff has 20 years of experience representing and advising occupational and professional licensing boards, as well as licensees of the boards. That practical experience shows throughout the article, undergirding and enhancing the usual law review footnotes and citations. Jeff’s personal, experience and research-based comments make the article useful and easy to read.
I recommend that you take the time to read this article.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2021-05-11 11:41:222021-05-11 11:44:56Yes, There is a Positive Side to Occupational Licensing – A New and Helpful Resource
The Litigation Section has three upcoming events that you will not want to miss!
First, on May 18, at noon EDT, the Litigation Section will hold its annual meeting via Zoom. All members are welcome to attend. We will discuss the section’s activities, introduce our new officers and council members, and present The Advocate’s Award, our section’s highest honor, to another esteemed member of our section. Register now to attend!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2021-05-11 11:04:182021-05-11 11:04:18Don’t Miss CLE and Events for the Litigation Section
Frequently, legal professionals find themselves in a dual role – leaders and managers. While there are many similarities between those two roles, the primary distinction is that a leader focuses more on people while a manager focuses more on the technical aspects of completing a project. Legal professionals need both skill sets to be effective in their organizations.
If you take one thing away from this article, let it be this. Leaders are thermostats. They set the temperature of their organization. Staff, volunteers, and team members are thermometers. They read the temperature of their organization. This “setting” and “reading” of temperatures is your organizational culture. It affects how your members work together. Organizational culture can be an engine propelling a mission forward or a blockade stifling every opportunity for improvement. To create a healthy work environment, legal professionals must create and maintain a functional organizational culture that is informed, effective, respectful, candid, compassionate, and just. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2021-05-11 11:03:302021-05-11 11:03:42Elephants in Legal Organizations: Gossip and Destructive Politics
MIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.
This month’s perspective is courtesy of Rashad L. Morgan, Shareholder & Intellectual Property Attorney, Brinks Gilson & Lione, Durham, NC.
What law school did you attend and what was your graduation year?
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA MIPhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA MIP2021-05-07 12:46:222021-05-07 12:48:34MIP's Diverse Perspectives: Rashad L. Morgan
COVID-19 pandemic hits the United States. Breonna Taylor. U.S. unemployment jumps to the highest rate since the Great Depression. George Floyd. Black Lives Matter protests against racial injustices worldwide. West Coast wildfires. Ruth Bader Ginsberg dies. Chadwick Boseman dies at 43 due to colon cancer. Trump loses the presidential bid for a second term. Joe Biden is elected president of the United States. Kamala Harris is elected first Black, Indian vice president of the United States. Widespread, unproven allegations of voter fraud begin to question the validity of the election. Over 500,000 Americans die from COVID-19. Tent cities filled with homeless people surround our cities. The U.S. gives struggling Americans $600 in the midst of an economic crisis. Death penalty reinstated for federal crimes for the first time since 2003. One in five prisoners in the U.S. contract COVID-19. Insurrectionists storm the U.S. Capitol. Trump becomes the first U.S. President to be impeached twice. The list goes on . . .
It’s hard to believe that all of the above-listed events happened within a one-year span. It is as if one day we were all living our regular lives and then tragedy struck. Life as we knew it changed. We could no longer do mundane activities that we once took for granted. All of our past achievements and future aspirations became less important as we were grateful just to be alive. Read more
The Appellate Practice Section is pleased to present its 2021 CLE, Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals.
During this program, superstars of the North Carolina bench and bar will cover a variety of topics to help you become a better and more effective appellate attorney.
Our speakers include:
Judge Allison J. Rushing, U.S. Court of Appeals for the Fourth Circuit
Judge Allegra Collins, North Carolina Court of Appeals
Judge Richard D. Dietz, North Carolina Court of Appeals
Judge Fred Gore, North Carolina Court of Appeals
Judge Lucy N. Inman, North Carolina Court of Appeals
Sean E. Andrussier, Duke University School of Law
James W. Doggett, North Carolina Department of Justice
Robert E. Harrington, Robinson, Bradshaw & Hinson, P.A.
Richard E. Hicks, Ph.D., HRC Behavioral Health & Psychiatry PA
Mark A. Hiller, Robinson, Bradshaw & Hinson, P.A.
John J. Korzen, Wake Forest University School of Law
Matthew N. Leerberg, Fox Rothschild LLP
Timothy P. Lendino, Compass Group North America
Michelle A. Liguori, Ellis & Winters LLP
Sripriya Narasimhan, North Carolina Department of Justice
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2021-05-05 13:04:432021-05-05 13:05:39Join the Appellate Practice Section for Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals
John R. “Buddy” Wester Receives The Advocate’s Award
Litigation SectionBy Rick Conner
The Litigation Section is thrilled to be able to recognize John R. “Buddy” Wester as the 13th recipient of The Advocate’s Award. Wester, who served as president of the North Carolina Bar Association in 2009-2010, was recognized at the annual meeting of the Litigation Section on May 18, 2021, conducted via Zoom. You can view a recording of the award presentation here (Passcode 2L02D+ws).
John R. “Buddy” Wester
Russell Rawlings wrote a wonderful article about Wester for North Carolina Lawyer, and that story can be found here.
The Advocate’s Award is presented by the Litigation Section as merited to recognize members who are the “superstars” of our Bar, and recognizes litigators who 1) have the highest ethical standards; 2) have shown great skill and ability as litigators/trial lawyers and commitment to the very best work product; 3) demonstrate a true commitment of service to clients; 4) demonstrate a respect for and love of the law; 5) are held in the highest regard by both bench and bar; 6 ) are dedicated to the community and the bar with a track record of pro bono or volunteer service; and 7) serve as an example of how to effectively balance both outstanding professional performance and other life endeavors. Read more
NCBA Bankruptcy Section Presents Pro Bono and Lifetime Achievement Awards
BankruptcyOn May 12, 2021, the Bankruptcy Section convened virtually to recognize two exceptional attorneys for their contributions to the practice. The 2020 Outstanding Achievement Pro Bono Award was presented by the Pro Bono Committee to Heather Culp. The 2020 Lifetime Achievement Award was presented by the Lifetime Achievement Award Committee to W.B. “Ben” Hawfield Jr. The below comments are adapted from the comments of Tyler J. Russell, who presented the Pro Bono Award on behalf of the Pro Bono Committee, and Ashley Rusher, who presented the Lifetime Achievement Award on behalf of the Lifetime Achievement Award Committee. Read more
Legislative Update
Real PropertyI hope this message finds each of you well and enjoying professional fulfillment in your law practice. I expect that many of us would say that the prior year has been among one of the most unusual, and perhaps trying, of our lifetimes. Although probably not at the top of our list of challenges wrought by the COVID-19 pandemic, I am sure that most of us have missed gathering with our colleagues at in-person CLE programs and other section activities. As we head towards a full reopening of society and commerce, which I hope will include in-person meetings and gatherings in the not-too-distant future, I would like to make sure that our section members are aware of several pending bills in the General Assembly of interest to real estate practitioners so that you may provide feedback to your representatives as you see fit. This legislative session is particularly busy with impactful legislation for real estate lawyers, and this message will touch upon only certain significant bills: Read more
Checking In: May 18, 2021
Checking InCompiled by Jessica Junqueira
Nelson Mullins Riley & Scarborough LLP Announces New Partner
Williams Mullen Welcomes Alexander Gormley
Rylee Dillard Returns to Willson Jones Carter & Baxley
Willson Jones Carter & Baxley announced that Rylee Dillard has returned to the firm’s Charlotte office. Dillard’s practice areas include workers’ compensation defense and liability litigation defense. She graduated with a J.D. from the University of South Carolina School of Law and a B.A. in political science from the College of Charleston.
Read more
Yes, There is a Positive Side to Occupational Licensing – A New and Helpful Resource
Administrative LawIf you have practiced administrative law in the last ten years, you know about the movement to deregulate occupational licensing. You have heard the many “licensing – bad, deregulation – good” arguments. Until now, there has not been an accessible legal resource for the opposite approach, “the licensing is good for society” side of the argument. Indeed, that side of the argument was often and publicly disparaged.
Thanks to Jeff Gray, longtime Admin Law Section member and former Section Chair, his new Campbell Law Review article changes that:
In Defense of Occupational Licensing: A Legal Practioner’s Perspective.
This article should be a “must read” for all administrative law practitioners. It includes actual research results as well as a history of occupational licensing and opposition to it. It addresses and counters each of the arguments of occupational licensing opponents.
Jeff has 20 years of experience representing and advising occupational and professional licensing boards, as well as licensees of the boards. That practical experience shows throughout the article, undergirding and enhancing the usual law review footnotes and citations. Jeff’s personal, experience and research-based comments make the article useful and easy to read.
I recommend that you take the time to read this article.
Don’t Miss CLE and Events for the Litigation Section
Litigation SectionThe Litigation Section has three upcoming events that you will not want to miss!
First, on May 18, at noon EDT, the Litigation Section will hold its annual meeting via Zoom. All members are welcome to attend. We will discuss the section’s activities, introduce our new officers and council members, and present The Advocate’s Award, our section’s highest honor, to another esteemed member of our section. Register now to attend!
Read more
Elephants in Legal Organizations: Gossip and Destructive Politics
Paralegal DivisionBy Alicia Mitchell-Mercer
Frequently, legal professionals find themselves in a dual role – leaders and managers. While there are many similarities between those two roles, the primary distinction is that a leader focuses more on people while a manager focuses more on the technical aspects of completing a project. Legal professionals need both skill sets to be effective in their organizations.
If you take one thing away from this article, let it be this. Leaders are thermostats. They set the temperature of their organization. Staff, volunteers, and team members are thermometers. They read the temperature of their organization. This “setting” and “reading” of temperatures is your organizational culture. It affects how your members work together. Organizational culture can be an engine propelling a mission forward or a blockade stifling every opportunity for improvement. To create a healthy work environment, legal professionals must create and maintain a functional organizational culture that is informed, effective, respectful, candid, compassionate, and just.
Read more
MIP’s Diverse Perspectives: Rashad L. Morgan
Minorities In the ProfessionMIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.
This month’s perspective is courtesy of Rashad L. Morgan, Shareholder & Intellectual Property Attorney, Brinks Gilson & Lione, Durham, NC.
What law school did you attend and what was your graduation year?
University of Cincinnati College of Law, 2006.
Read more
Blurred Lines
Young Lawyers DivisionThis piece was selected as a winning entry in the YLD’s 2021 Writing Competition.
By Lashieka Hardin
COVID-19 pandemic hits the United States. Breonna Taylor. U.S. unemployment jumps to the highest rate since the Great Depression. George Floyd. Black Lives Matter protests against racial injustices worldwide. West Coast wildfires. Ruth Bader Ginsberg dies. Chadwick Boseman dies at 43 due to colon cancer. Trump loses the presidential bid for a second term. Joe Biden is elected president of the United States. Kamala Harris is elected first Black, Indian vice president of the United States. Widespread, unproven allegations of voter fraud begin to question the validity of the election. Over 500,000 Americans die from COVID-19. Tent cities filled with homeless people surround our cities. The U.S. gives struggling Americans $600 in the midst of an economic crisis. Death penalty reinstated for federal crimes for the first time since 2003. One in five prisoners in the U.S. contract COVID-19. Insurrectionists storm the U.S. Capitol. Trump becomes the first U.S. President to be impeached twice. The list goes on . . .
It’s hard to believe that all of the above-listed events happened within a one-year span. It is as if one day we were all living our regular lives and then tragedy struck. Life as we knew it changed. We could no longer do mundane activities that we once took for granted. All of our past achievements and future aspirations became less important as we were grateful just to be alive. Read more
Join the Appellate Practice Section for Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals
Appellate PracticeJonathan Ellis
Erik Zimmerman
By Jonathan Ellis and Erik Zimmerman
The Appellate Practice Section is pleased to present its 2021 CLE, Effective Appellate Litigation: Improving Your Practice in State and Federal Courts of Appeals.
During this program, superstars of the North Carolina bench and bar will cover a variety of topics to help you become a better and more effective appellate attorney.
Our speakers include:
Read more