NC Association of Defense Attorneys Members & Firms

In Memoriam: James W. Williams

Lynette Pitt — Fri, 06 Feb 2026 20:58:26 GMT

James W. Williams
1946-2025

We extend our condolences of the loss of Jim Williams, who passed away on December 10, 2025, at the age of 79 to his wife Sheryl, family, friends, and colleagues.

Jim Williams was a distinguished trial attorney whose career was marked by significant contributions to both his profession and his community, all while maintaining a robust trial practice at Roberts & Stevens. There, he represented hospitals, healthcare providers, businesses, and individuals with exemplary professionalism and an ability to effectively connect with juries and witnesses. His skills in the courtroom were so respected that fellow past presidents described watching him try a case as "attending a master class in trial advocacy," noting his prowess and integrity.

Jim's leadership was recognized when he was elected President of the NCADA from 1991 to 1992. In the late 1990s, he continued to actively contribute to programs, chair committees, and assist in strategic planning efforts. In 2013, he was awarded the J. Robert Elster Award for Professional Excellence, an accolade that acknowledges sustained excellence and professionalism in legal advocacy.

Nationally, Jim played a pivotal role in restructuring DRI in the early 1990s, transforming it from a research arm of the International Association of Defense Counsel into an independent membership organization. He served as the second chair of DRI’s Standing Committee of State and Local Defense Organizations and became North Carolina’s first State Representative.

Beyond the civil defense bar, Jim held leadership positions in the American College of Trial Lawyers and the North Carolina Bar Association, serving on each organization’s Board of Governors from 1993 to 1996. He was distinguished as both a Fellow of the American College of Trial Lawyers and a Permanent Member of the Fourth Circuit Judicial Conference. On a local level, he served as President of the 28th Judicial District Bar and was deeply involved in community service, taking on leadership roles at the United Way and Manna Food Bank, among others.

For more information about Jim's life, please visit his obituary here. A virtual celebration of life is scheduled for Sunday, February 15, 2026, at 3:00 pm. To participate, please contact Lynette Pitt for the event link.

Member Spotlight: Alex Dean

Lynette Pitt — Tue, 30 Jul 2024 19:24:16 GMT

MEET: Alex Dean

Introducing Alex Dean, an associate attorney at Orbock Ruark & Dillard, PC in Winston-Salem. Alex specializes in Workers' Compensation defense, bringing expertise and dedication to her practice. She graduated from Wake Forest University School of Law in 2020, where she served as a Notes & Comments Editor for the Wake Forest Journal of Law & Policy.

What drew you to the practice of law and to a litigation and trial practice? I grew up knowing I enjoyed writing, reading, and talking in front of people. My grandfather and uncle were both attorneys, and I heard a lot about their legal careers during my childhood. In college, I gravitated towards classes that overlapped a lot with the pre-law track, but I also enjoyed courses that were focused more on nonfiction writing. When it was time to think about post-graduate plans, I decided to take the leap and apply to law school. In law school, I took a course in Litigation Drafting and participated in a Litigation Clinic. Both were integral in setting me up on the litigation path.

Who and/or what inspires you? Good storytellers. I love listening to people who are really good at telling stories – people who can narrate events in a funny, entertaining, and honest way. Both of my parents are particularly good storytellers.

Also, kind and resilient people inspire me.

What are you reading or listening to? I am always listening to podcasts and audiobooks, and I lean heavily towards nonfiction. I’m currently reading Born a Crime by Trevor Noah. He recently spoke at Wake Forest, and I knew I needed to read his book after hearing him speak. I’m also reading Outliers by Malcolm Gladwell. I also love the fashion and beauty industries, so I’m always looking for new books, podcasts, and articles that pull back the curtain on those worlds.

Describe your perfect day outside of work. This one is easy – any day at the beach.

Connect with Alex and say 'hello' and share an interesting Podcast or non-fiction book recommendation!

Member Spotlight: Richard J. Keshian

Lynette Pitt — Tue, 19 Mar 2024 10:32:00 GMT

MEET: Richard J. Keshian

Rich Keshian is a partner at Kilpatrick Townsend & Stockton in the firm's Winston-Salem office. He specializes in product liability and business litigation in the firm's Complex Commercial Litigation group. With over 80 cases tried to verdict in federal and state courts, he is an experienced trial lawyer. Rich is a graduate of Vanderbilt University School of Law and has been a member of NCADA for most of his legal career. Get to know him here!

What drew you to the practice of law and to a litigation and trial practice? The ability to advocate for others, and help them solve problems. I thought I wanted to be a real estate attorney for lifestyle reasons, but quickly learned that I love the competition involved in trial practice- it is the closest thing to sports.

How has membership in NCADA benefited your professional life? I have made life long friends who I still lean on for advice and wisdom.

What would you do if you were not a lawyer? High School social studies or English teacher and coach

What is the biggest career challenge you’ve had to overcome? Learning to leave work at the office, rather than think about it when I am supposed to be sleeping

What is your favorite legal movie or TV show and why? Devil’s Advocate, because it vividly portrays the temptations to which we are all susceptible in our profession

Fun fact that people probably don’t know about you? I am still playing ice hockey, and have played in a number of pond hockey tournaments

What excites you the most right now? Spending time with my two young grandsons

What is one piece of professional or life advice you would tell your younger self? Don’t try to control or worry about that which is out of my control.

Thanks for sharing, Rich! Be sure to connect with Rich today.

Member Spotlight: W. Dudley "Dee" Whitley, III

Lynette Pitt — Fri, 01 Mar 2024 20:26:37 GMT

MEET: Dee Whitley

Dee Whitley is a litigation attorney with Battle Winslow in Rocky Mount where he has practiced since 1990. Dee's practice covers all civil litigation areas, including business, construction, fiduciary, caveat, and collections, with expertise in North Carolina's Business Court, Superior and District Courts. He also practices in Federal and Bankruptcy Courts in the Eastern District of North Carolina and has training in collaborative law. An NCADA member since 1993, we asked Dee to share a little bit about himself to get to know him better.

What drew you to the practice of law and to a litigation and trial practice? The desire to be competitive and in front of a jury.

How has membership in NCADA benefited your professional life? Contacts and education

What would you do if you were not a lawyer? Coach

What is the biggest career challenge you've had to overcome? Being a poor marketer.

What is your favorite legal move or TV show and why? My Cousin Vinnie. Humor with jurors is good.

Fun fact that people probably don't know about you? Played football at NC State

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Teddy Roosevelt. Energy.

What excites you the most right now? My wife.

What is one piece of professional or life advice you would like to tell your younger self? Get out in the community and market. Don't just rely on teh people you already know.

Be sure to reach out to Dee to say hello and connect!

Member Spotlight: Allen C. Smith

Lynette Pitt — Fri, 02 Feb 2024 19:34:00 GMT

MEET: Allen C. Smith

Introducing Allen C. Smith, a partner specializing in Civil Litigation at Hedrick Gardner Kincheloe & Garofalo, LLP. Allen currently serves as chair of the firm’s Trucking and Transportation Practice Group and chair of the Civil Litigation Practice. Allen graduated from UNC School of Law in 1992. He is a past president of NCADA and now represents NCADA as our DRI State Representative for which he was recognized last fall with the Kevin Driskill Outstanding State Representative Award, If you don't already know Allen, get to know him a little bit here!

What drew you to the practice of law and to a litigation and trial practice? A lot of attorneys coached basketball at the Central YMCA when I was growing up. I had attorneys four of the five years I played. One was a real jerk, but all of others were nice. As for litigation, I really enjoyed it during my summer clerkships.

How has membership in NCADA benefited your professional life? Meeting other defense lawyers across the state has allowed me to get information on different judges and venues. The annual meetings recharge my batteries.

What would you do if you were not a lawyer? At one point, I had a great deal of interest in teaching history. My unlikely but dream scenario is to be a golf writer and reporter.

What is the biggest career challenge you’ve had to overcome? Having at least two clients go out of business.

What is your favorite legal movie or TV show and why? Suits – great dialogue on this TV show, particularly movie quotes. For movies, My Cousin Vinnie. It came out while I was in law school. Made me want to pass the bar on the first try – did not want fifth time to be charm. Awesome scene on qualifying expert witnesses.

Fun fact that people probably don’t know about you? There is a fun fact about me?

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Winston Churchill – the drink would not be coffee! He saved the free world.

What excites you the most right now? Professionally, I love large cases with multiple defendants. They are challenging but they present good learning opportunities. I like seeing how other defense attorneys handle different situations with witnesses in depositions, etc.

What is one piece of professional or life advice you would tell your younger self? Learn how to take a strong stand without being confrontational.

Congratulations to Members Recognized in 2024 Legal Elite

Lynette Pitt — Wed, 31 Jan 2024 20:36:23 GMT

Member Spotlight: Mark A. Stafford

Lynette Pitt — Tue, 09 Jan 2024 19:38:30 GMT

MEET: Mark A. Stafford

Mark Stafford is a partner at Nelson Mullins Riley & Scarborough in Winston-Salem, specializing in commercial litigation. He is serving on NCADA's Board of Directors and previously chairing the Commercial Litigation Practice Group. Mark a proud graduate of UNC-Chapel Hill School of Law.

What drew you to the practice of law and to a litigation and trial practice? I was drawn to law because of the variety in the work—With each matter, I get to be a voyeur on how many interesting ways people earn their living. I specifically chose litigation because it poses the ultimate challenge in resolving client problems.

How has membership in NCADA benefited your professional life? The networking and contacts (including interaction with judges) has proved invaluable.

What would you do if you were not a lawyer? Write fiction.

What is the biggest career challenge you’ve had to overcome? How the complications of litigation (e-discovery, frequent personnel turnover at clients, etc.) have grown and the resulting expense for clients in obtaining their day in court.

What is your favorite legal movie or TV show and why? The Paper Chase from 1973—it illustrates so accurately the arduous path one’s mind must take to make it through law school.

Fun fact that people probably don’t know about you? I play mandolin—very poorly

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Ernest Hemingway—his life story is so varied. Oh, and it would be over a cup of absinthe, not coffee.

What is the strangest thing you’ve ever done? I once killed and barbecued a squirrel.

What excites you the most right now? Evenings with my wife now that my kids have left home.

What is one piece of professional or life advice you would tell your younger self? Throughout your career, never focus too much on the money.

Thanks, Mark, for sharing!

Member Spotlight: Lori Keeton

Lynette Pitt — Tue, 21 Nov 2023 14:30:00 GMT

MEET: Lori R. Keeton

Lori Keeton is the owner and partner at the Law Offices of Lori Keeton in Charlotte, NC. With experience in municipal law, her practice focuses on defending police officers who are facing lawsuits involving alleged use of excessive force. Lori is a graduate of the University of Florida School of Law. An active NCADA member since 2004, Lori is a past chair of our Government Practice Group. Join us in getting to learn a little bit more about Lori!

What drew you to the practice of law and to a litigation and trial practice? My stepfather was Judge Advocate General of the Army and then Dean of Mississippi College School of Law. My mother was an English teacher. Together, they taught me to love words and recognize their potential power which naturally led to a career in litigation (…and of course my sisters represented the perfect sparring partners to help me hone my skills!)

What would you do if you were not a lawyer? I would be a teacher if I were not a lawyer. I taught remedial English at a community college in Fort Myers, Florida the summer between my first and second years of law school. The majority of my students were older than I was and had full time jobs in addition to taking classes. English was a second language for many of them. They worked so hard to improve themselves. It was incredibly rewarding to watch them progress over the course of the semester.

Fun fact that people probably don’t know about you? I worked as a courier for a large law firm while in high school and on breaks from college. It taught me SO much about who I wanted to be- and who I did not want to be- once I became an attorney.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Dolly Parton- I love her confidence, her kind heart and her work ethic… not to mention her hair (Tease it to Jesus!)

What excites you the most right now? My almost three-year-old goldendoodle, Finn. For anyone who follows me on Facebook or Instagram, this comes as no surprise to you as I post pictures of him constantly. I never thought I would be “that person,” but I am 100% “that person” when it comes to Finn.

What is one piece of professional or life advice you would tell your younger self? “Don’t worry- your time is coming!”

Member Spotlight: Sydney P. Davis

Lynette Pitt — Tue, 14 Nov 2023 19:59:18 GMT

MEET: Sydney P. Davis

Sydney P. Davis is an associate in the Litigation Section at Poyner Spruill LLP, based in the firm's Rocky Mount office. Sydney focuses her practice on civil and commercial litigation, defending her clients in federal and state courts. She graduated from the University of North Carolina at Chapel Hill's School of Law in 2021.

What are your future goals and aspirations for your career? To continue to strengthen and hone my legal writing skills; to become the most effective advocate for my clients; and to be a role model/mentor for first-generation attorneys like myself.

What are you reading or listening to? 1989 (Taylor’s Version) by Taylor Swift (on repeat).

If you could have any superpower what would it be? The ability to have more than 24 hours in a day – we could all use a few more hours to be the best version of ourselves.

How do you define success? To me, success is satisfaction. Satisfaction is not being content but always yearning for more, while still being pleased with what you’ve accomplished to date. Accomplishments are like building blocks that carry you to new heights on the strong foundation you have built.

Connect with Sydney!

Member Spotlight: John L. Kubis, Jr.

Lynette Pitt — Mon, 06 Nov 2023 18:27:52 GMT

MEET: John L. Kubis, Jr.

John Kubis is a partner at Teague Campbell, LLP and works in the firm's Asheville office. He specializes in complex litigation, catastrophic injuries, and large loss litigation. He earned his law degree from the Appalachian School of Law in 2007 and is licensed to practice law in Kentucky and North Carolina. Additionally, he has previously served as the chair of the Construction practice group for the NCADA. If you're not familiar with John, take a moment to learn more about him here.

What drew you to the practice of law and to a litigation and trial practice? One semester in engineering made it quite clear that was not my calling. In all seriousness, I knew from a relatively young age that I wanted to do something that made a difference. That leaves a lot of options and was not very original, but for me it seemed clear that it would involve some kind of advocacy. Eventually, after a pit-stop in biotech, a brief stint at a think tank in D.C., and some time at the Kentucky Supreme Court, I found my calling in litigation which allowed me to advocate on behalf of people, governments, and businesses that find themselves in bad situations. It also allowed me to cater to my competitive streak.

How has membership in NCADA benefited your professional life?I’ve said many times that North Carolina has one of the best and most collegial bars anywhere, and I think some of the very best of those people find their way into the NCADA. It’s been a great place to make connections with your peers, many of whom you will cross paths with throughout your career. Having those personal relationships goes a long way to defuse stressful situations while in the trenches of a difficult case.

What would you do if you were not a lawyer? Probably something highly impractical like a travel writer.

What is the biggest career challenge you’ve had to overcome? Learning that you really don’t know much of anything as a young lawyer can be a jolting experience. Realizing that it takes quite a long time before you know a little bit about what you’re doing, and that someone is always going to know more than you do is both a humbling process and an important lesson in life. Identifying good lawyers and doing what they do is a really solid strategy.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Ben Franklin. He was so instrumental in shaping American democracy through his writings and political philosophy and was key in popularizing many of the values we identify as uniquely American. It would be fascinating to get his take on how things look now.

What is the strangest thing you’ve ever done? Drove down to the middle of the Everglades at the turn of the millennium to watch the band Phish play an all-night set.

What excites you the most right now? Travel. Exploring new and familiar places, for me, is one of life’s great pleasures. I’m always looking forward to the next adventure and currently getting ready to go to Northern Europe.

What is one piece of professional or life advice you would tell your younger self? Relax. It will all work out.

Thank you, John, for sharing!

Member Spotlight: Kayla N. McDaniel

Lynette Pitt — Mon, 30 Oct 2023 19:20:43 GMT

MEET: Kayla N. McDaniel

Kayla McDaniel is an attorney at Cranfill Sumner LLP located in Charlotte. She specializes in Employment and Municipal law. Kayla recently graduated from the Campbell University School of Law in 2021, and we're excited to introduce you to her!

What drew you to the practice of law and to a litigation and trial practice? I have always had a strong sense of justice, so I knew I wanted to be in a field where I had the opportunity to make a difference with my work. In the spirit of full disclosure, I’ve also always appreciated a good argument. Litigation is a great fit for me because no two days are alike, and I find the variety and challenging nature of this work to be very rewarding.

What are your future goals and aspirations for your career? I can’t see myself being anything other than a litigator, and my goal is to continue to expand my practice defending private employers and municipalities facing employment actions in the Charlotte area.

Who and/or what inspires you? Possibly a corny answer, but I have tremendous respect for the people I work with at my firm. I feel extremely lucky to be surrounded by such talented partners and associates and they inspire me to be a better lawyer.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Jon Krakauer because he wrote some of my all-time favorite books, and has had an incredibly fascinating life.

What are you reading or listening to? I tend to juggle multiple books at once because I have a fairly short attention span, so right now I’m reading Hello Beautiful and The Secret History for fun, and Happy Place for my book club.

What excites you the most right now? Traveling! I just got back from Germany and am planning a road trip in California next year.

Describe your perfect day outside of work. My perfect day outside of work would be spent hiking around the Blue Ridge Parkway with my shih tzu Buttons (she’s 12 but surprisingly adventurous!) and then going to my favorite used bookstore and to yoga, and ending the day with a concert.

If you could have any superpower what would it be? I’ve actually thought about this a lot before, and I would definitely pick teleportation strictly for the convenience, because I love traveling and would be able to see so much more of the world if I didn’t have to deal with the whole “getting there” process.

How do you define success? Professionally, I define success as the feeling of satisfaction in your work that comes from knowing that you put everything you had into it, no matter the outcome. Outside of work, I would say that success means having a life that is centered around meaningful relationships with friends and family.

Connect with Kayla!

Member Spotlight: Trisha L. Barfield

Lynette Pitt — Mon, 23 Oct 2023 02:18:13 GMT

MEET: Trisha L. Barfield

Trisha Barfield is a litigation attorney specializing in commercial defense at Carruthers & Roth, P.A. in Greensboro, NC. Trisha received her J.D. in 2017 from Elon University School of Law and joined NCADA in 2020.

Join us in getting to know Trisha a little bit!

What drew you to the practice of law and to a litigation and trial practice? Before law school, while working as the Executive Assistant to the Health Director of Cumberland County, North Carolina, my boss at the time looked at me one day and said, “You should go to law school,” and my immediate response was “You’re crazy!” I had never considered it before then, though I knew I had always wanted to pursue a post-graduate degree of some sort and was considering an MBA or MPH program at the time. After two years passed, I realized I could not stop thinking about the idea of going to law school, so I decided to give it a try and never looked back. I entered law school knowing I wanted to be in court.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Bob Barker. I grew up watching the "Price is Right" every day after school and always dreamed about getting on the show. After seeing the feature about him, his life and accomplishments, after he passed away recently, I think it would be fascinating to talk to him for a few to learn and gain words of wisdom about how he approached all things in his life, personally and professionally, with such ease, charisma, confidence while maintaining a pleasant demeanor when interacting with others.

What are you reading or listening to? I am not currently reading or listening to a book, but if I were it would be a suspenseful thriller. At times, I listen to crime podcasts and, I try to listen to "The Mindset Mentor" podcast daily while getting ready for the workday.

What excites you the most right now? I got engaged recently, and my part time “job” planning our 2024 wedding is one of the most exciting things to me right now.

Describe your perfect day outside of work. At the beach with my fiancée and our Siberian Husky, Mellie.

Member Spotlight: George W. Miller, III

Lynette Pitt — Mon, 16 Oct 2023 00:32:26 GMT

MEET: George W. Miller, III

George W. Miller III is a partner at Haywood, Denny & Miller, LLP located in Durham, NC. He specializes in insurance defense and holds a degree from Campbell University, graduating in 1996, and has been a member of NCADA since 1999. Join us in getting to know George a little better!

What drew you to the practice of law and to a litigation and trial practice? I enjoy the competitive nature of the work and I enjoy being exposed to infinite fact patterns. Every case is different, and every litigant has their own particular foibles. It is fun to watch and interact with human nature.

How has membership in NCADA benefited your professional life? I find it helpful bouncing fact patterns, theories, practice tips and results off of colleagues. It can give you confidence that you are heading in the right direction.

What would you do if you were not a lawyer? Probably a High School football coach.

What is the biggest career challenge you’ve had to overcome? My lack of technology skills.

What is your favorite legal movie or TV show and why? Currently, Suits. While totally unrealistic from the legal perspective, I can relate to Harvey. Historically, The Firm. While not for the same reasons as Tom Cruise experienced, I can see how one can get trapped in a firm.

Fun fact that people probably don’t know about you? I lived in DC and worked for a US Senator before law school.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Thomas Jefferson. Guy had some pretty good foresight.

What is the strangest thing you’ve ever done? I Skydived in College. After completing all the prep and training, and about 5 minutes before we were to go up for my first jump, the business owner took me aside and told me that my Dad was representing the company in a lawsuit filed by a woman who’s chute tragically did not open and she was rendered a quadriplegic. While I still jumped that day and a few times afterwards, the experience was suddenly a bit different than I had imagined.

What excites you the most right now? Personally, all three of my kids are in college, preparing to start out on their own journeys, and my wife and I are loving the empty nest. Professionally, after 27 years of doing it, I feel like I am getting the hang of it.

What is one piece of professional or life advice you would tell your younger self? Don’t be afraid to go for it. Every case can be settled, that doesn’t mean they should be.

Kudos to George for fearlessly taking the leap!

Member Spotlight: John S. Willardson

Lynette Pitt — Mon, 25 Sep 2023 14:00:00 GMT

MEET: John Willardson

John Willardson is a long-time member and a past president of NCADA. He is a dedicated solo practitioner at Willardson Law Firm in Wilkesboro, NC, where he also holds the position of Wilkesboro Town Attorney. John is a graduate of UNC School of Law, Class of 1972. John has also been an active volunteer with the North Carolina State Bar, the Chief Justice's Commission on Professionalism, the YMCA Northwest North Carolina, and a community volunteer in Wilkesboro where you may have seen him serving up hot dogs at MerleFest!

What drew you to the practice of law and to a litigation and trial practice? In high school, I thought that I would attend law school. At UNC, I double majored in Spanish and Political Science, spent one year in Medellin, Colombia at the University of Antiqouia and by the end of my junior year, had resolved to attend law school. I applied for and was accepted to law school but two weeks after graduation, the US Army requested my presence for basic training at Ft. Polk, LA after which I attended AIT at Fort Sam Houston, TX where I was initially trained as a combat medic and then received advanced training in physical therapy. I served 6 years in Army Reserve medical units. All of that delayed my start of law school until 1969. In law school, I realized that my interest was in litigation and having grown up in Santa Monica, California, expected to live and work in a large city. However, following law school, I had the privilege to serve as research assistant to the late Judge Robert A. (Fred) Hedrick of the North Carolina Court of Appeals and while clerking at the NC Court of Appeals, Governor Robert Scott appointed a lawyer from North Wilkesboro, the late Julius A. Rousseau, Jr., as a Superior Court judge. Although neither my wife nor I had ever been to Wilkes County, Judge Hedrick encouraged me to interview with that firm. I did so and was offered and accepted a position to begin in August, 1973 when my position as Research Assistant to Judge Hedrick ended. My wife and I moved to Wilkes County in August, 1973 and have not left. For the last 50+ years, I have engaged in a general law practice with an emphasis on defense law. Our firm’s practice covered many northwest North Carolina counties. In 2014, I became the Wilkesboro Town Attorney and have greatly enjoyed my municipal law practice in addition to my ongoing litigation practice. Since 2015 I have practiced solo for the first time in my career.

How has membership in NCADA benefited your professional life? Membership in the NCADA has certainly broadened my horizons and has allowed me to meet great lawyers and extraordinary people throughout the state.

What would you do if you were not a lawyer? Were I not a lawyer, I either would have applied for a position with the diplomatic corps or would have pursued advanced degrees with the goal of teaching Latin American/Central American history and/or political science.

What is the biggest career challenge you’ve had to overcome? As a young associate, it was truly “baptism by fire” beginning with a solo jury trial my first day in the office and one or two solo civil jury trials during the next two or three months. There was little training or guidance other than on the job training and learning through observation. It was certainly a challenge to develop the self-confidence needed to try cases when the only prior experience was in a trial advocacy class in the third year of law school

What is your favorite legal movie or TV show and why? During the 1980’s, my favorite legal television series was Paper Chase because it was such a reminder of what law school was like. Without question, my favorite legal movie is “To Kill a Mockingbird” because Atticus Finch exemplifies what each of us should aspire to do and be in our respective law practices.

Fun fact that people probably don’t know about you? I am still hoping to be discovered by a major league baseball team, but am starting to lose hope.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Without question, it would be the late Dean Smith because he was brilliant, great leader and coach, a masterful tactician and an even better human being.

What is the strangest thing you’ve ever done? Riding in a single engine Beech Bonanza from the Wilkes County airport to the John Wayne airport in Orange County, CA and back and spending about 22 hours in the cockpit over a 2-1/2 day period.

What excites you the most right now? Playing tennis, Carolina athletics and the return of NASCAR and the reopening of the North Wilkesboro Motor Speedway after a 26-year hiatus.

What is one piece of professional or life advice you would tell your younger self? Believe in yourself, be courteous, respectful and professional, politely accept any adverse rulings by the court, avoid showing or voicing emotion in the face of adverse rulings or during opposing counsel’s cross-examination or closing argument, be vigilant and learn from other lawyers, treat other lawyers as you would want to be treated and always be respectful of the presiding judge and courtroom personnel.

Thanks John for sharing your story!

Member Spotlight: Erin McNeil Young

Lynette Pitt — Tue, 19 Sep 2023 16:55:33 GMT

MEET: Erin McNeil Young

Erin McNeil Young is Senior Litigation for Extended Stay America and is based in Charlotte. In her role with Extended Stay, Erin manages general liability litigation for the company. Prior to going in-house, Erin was in private practice following her graduation from UNC School of Law in 1999. Erin has been an active member of NCADA since joining and is currently serving as an officer of the Association in the role of Secretary. Erin is a breast cancer survivor and shares her journey along with other musings in her blog "Legal Fitness." Get to know Erin and connect with her here!

How has membership in NCADA benefited your professional life? I have met so many wonderful people – many of whom I am happy to also call my friends. I have learned so much from the seminars and the amazing lawyers who are a part of this organization. I am a better lawyer because of the NCADA.

What would you do if you were not a lawyer? An event planner – specializing in weddings and baby showers!

What is the biggest career challenge you’ve had to overcome? Switching gears from law firm life after 23 years of private practice to in-house after being diagnosed and treated for breast cancer.

What is your favorite legal movie or TV show and why? To Kill A Mockingbird – loved the book and movie. Atticus Finch is the quintessential legal prototype.

Fun fact that people probably don’t know about you? A lot of people don’t know that I also own a funeral home. I’m not sure most people would consider that “fun” but it makes for some interesting stories. I’m a riot at cocktail parties.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Shaquille O’Neal. He just seems like such a good, fun, genuine dude. I’d choose another beverage besides coffee though.

Member Spotlight: Christopher Rhodes, Jr.

Lynette Pitt — Mon, 04 Sep 2023 23:30:41 GMT

MEET: Christopher Rhodes, Jr.

Christopher Rhodes Jr. is an Associate Attorney with Ellis & Winters, LLP practicing in the firm's Raleigh office. Christopher obtained his J.D. in 2022 from UNC Chapel Hill School of Law. We're happy to get to know Christopher a little bit here!

What drew you to the practice of law and to a litigation and trial practice? What began as an interest in public policy and politics evolved into a desire to want to learn how the legal system works and how I could participate in advocating for others.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? I would truly enjoy the opportunity to grab a coffee with Charles Hamilton Houston. I’m certainly inspired by the work of all the civil rights attorneys who engaged in the profession, however, I would truly like to pick his brain about his approach to amplifying his impact a mentor to so many influential lawyers and how that would translate to the challenges of today’s time.

What are you reading or listening to? I’m an avid podcast listener. My favorite podcast right now is called Acquired, hosted by Ben Gilbert and David Rosenthal. They do fantastic deep dives into publicly traded companies that are both informative and entertaining.

Describe your perfect day outside of work. A prefect day outside of work would start with a visit to a local Durham coffee shop (shout out to the Daily Beer Bar), then a lunch at any local Durham restaurant. My wife and I have started to indulge in pickleball so an afternoon playing pickleball. Then end the evening at a Durham dive bar. There are plenty in Durham and it’s hard to find a bad one. You may or may not be able to tell that I live in Durham and love it.

If you could have any superpower what would it be? Definitely fly. I hate driving in traffic.

How do you define success? Leaving the world in a better place than when you started in it. It can be difficult to believe that this is possible given the divisiveness of social discourse, however, I am very optimistic that starting with the small things (e.g. being a good person, volunteering in your community, mentoring young people) truly do initiate outsized long term impact. Success is planting those seeds of hope and ensuring that those seeds grow as much as possible while you’re alive and able to do something.

Be sure to connect with Christopher when you're looking for a great dive bar in Durham!

Member Spotlight: Christopher L. Mewborn

Lynette Pitt — Tue, 29 Aug 2023 17:38:56 GMT

MEET Chris Mewborn

Chris Mewborn is the senior partner at Mewborn & DeSelms, P.A. basing his Workers' Comp practice in Jacksonville, NC. A 1991 graduate of Campbell University School of Law, Chris has been an NCADA member since 2000. Chris recently shared a little bit about himself. Take a minute to get to know Chris!

What drew you to the practice of law and to a litigation and trial practice? I wanted to help people that had been treated unfairly and felt the best way I could do that was to stand up and speak for them in a courtroom.

How has membership in NCADA benefited your professional life? The Weekly Updates are a great way to keep up with case law and legislative changes that impact my practice.

Fun fact that people probably don't know about you? I love to fish and try to incorporate fishing when I travel.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? My Dad, who passed away nearly ten years ago. He provided a lifetime of guidance and inspiration.

What excites you the most right now? Spending time with family at the beach and fishing.

What is one piece of professional or life advice you would tell your younger self? Slow down and enjoy the ride. You will reach your destination.

We bet Chris has some great fish stories! Connect with Chris to swap stories and go fishing!

Member Spotlight: Shelli Simontacchi

Lynette Pitt — Mon, 14 Aug 2023 15:30:00 GMT

Meet: Shelli Simontacchi

Shelli L. Simontacchi is a Senior Litigation Paralegal with Hedrick Gardner Kincheloe & Garofalo in the firm's Insurance Defense and Civil Litigation practice. Shelli received her B.S. from Liberty University and her Post-Bacc Paralegal Diploma from Central Piedmont Community College. Shelli is a very active member and is currently chair of NCADA's Paralegal Division. Join us in getting to know Shelli a little better!

What drew you to the practice of law and to a litigation and trial practice? I was pre-law in college and always enjoyed debating and investigative-type work. I worked in criminal defense for six years prior to working at Hedrick Gardner.

How has membership in NCADA benefited your professional life? I’ve made invaluable contacts with judges, attorneys, other paralegals and vendors. The CLE sessions are defense-oriented and provide paralegals with high quality, relevant information compared to other seminars offered to paralegals.

What would you do if you were not a paralegal? If I were not a paralegal, I would be a private investigator – which is almost the same thing.

What is the biggest career challenge you’ve had to overcome? To this day, I’m constantly asked why I didn’t go to law school even though I took the LSAT. I’ve learned to take pride in my career as a paralegal and not to question past decisions.

What is your favorite legal movie or TV show and why? Legally Blonde because it shows not to judge a book by its cover. One can be fashionable and smart. Plus, orange is the new pink!

Fun fact that people probably don’t know about you? I climbed a dormant volcano in Hawaii.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Giovanni Simontacchi – my great-grandfather. I would love to hear his story about coming over to America.

What is the strangest thing you’ve ever done? Along with my boss, I visited a client at FCI-Beckley. It was literally like Silence of the Lambs.

What excites you the most right now? Podcasts - current favorites includes "True Crime & Cocktails", "60 Songs that Explain the 90’s", "Dressed: The History of Fashion", and "The Italian American Podcast."

What are you reading or listening to? Loyalty by Lisa Scottoline

What is one piece of professional or life advice you would tell your younger self? Seize the day!

Member Spotlight: Daniel M. Nunn

Lynette Pitt — Mon, 07 Aug 2023 15:12:40 GMT

Meet: Daniel M. Nunn

Daniel Nunn is a Shareholder with Caudle & Spears, PA in Charlotte. He concentrates his practice in Business & Construction litigation, and Insurance defense litigation. A 2010 graduate from the University of Miami School of Law, Daniel has been a member of the NCADA since 2013. After serving a 3-year term on the Board of Directors, Daniel was installed as Treasurer for the Association to serve a 2-year term this past June.

How has membership in NCADA benefited your professional life? NCADA membership has enabled me to expand my professional network, make new friends, and hone my skills as a litigator.

What would you do if you were not a lawyer? That changes all the time but right now I would be a professional tennis player (unfortunately in the twilight of his career given I’m over 40).

What is your favorite legal movie or TV show and why? I would say “My Cousin Vinny” based on the incredibly satisfying cross-examinations and “A Time to Kill” based on the magnificent closing given by Matthew McConaughey. I did not enjoy the “Paper Chase,” perhaps because I hated the Socratic method while in law school which is odd given the nature of my practice.

Fun fact that people probably don’t know about you? I love to cook and heavily considered going to culinary school before opting to attend law school instead.

What excites you the most right now? Watching my children grow up. There are good days and bad days but it’s exciting to see it all unfold and it certainly happens fast!

What is one piece of professional or life advice you would tell your younger self? Practice takes patience and makes permanent.

Connect with Daniel and schedule a tennis match!

Member Spotlight: Kristine Prati

Lynette Pitt — Mon, 31 Jul 2023 15:48:12 GMT

Meet: Kristine Prati

Kristine is a partner with Wilson Ratledge, PLLC in Raleigh practicing in Workers' Compensation defense. Kristine is an alumni of the University of Illinois at Urbana-Champaign School of Law graduating in 2003. After serving as a leader of our Workers' Compensation Practice Group, Kristen is now serving a 3-year term on the Board of Directors. Join us in getting know Kristine just a little bit here!

How has membership in NCADA benefited your professional life? It has connected me with other defense attorneys that I would not have spoken to or met otherwise.

Fun fact that people probably don’t know about you? I am a huge fan of the Dave Matthews Band and Chicago Bears.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Devin Hester, because he is my all-time favorite player on the Chicago Bears.

We know Kristine is looking forward to August 12 when the Bears take on the Titans for their first preseason match up!

Member Spotlight: Lucie Peoples

Lynette Pitt — Mon, 24 Jul 2023 15:01:10 GMT

Meet Lucie Peoples

Lucie Peoples is a litigation partner with McAngus Goudelock & Courie and her practice is based in the firm's Asheville, NC office. Lucie received her JD from Mercer Law School in 2011 and has been a member of NCADA since 2014. Thanks, Lucie, for sharing for a little bit about herself with us!

How has membership in NCADA benefited your professional life? While every case is unique, most issues aren’t. Having the ability to reach out to another member for advice or feedback has been clutch.

What is the biggest career challenge you’ve had to overcome? Juggling how to be a mom and attorney, something I am still overcoming! Ultimately, I give myself a lot of grace, surround myself with positive influences and role models, and try to enjoy the present. Striking an effective balance is key, but that is different for everyone. Finding your own balance is the key (or so I am told!)

What is your favorite legal movie or TV show and why? West Wing, hands down. I absolutely adore this show for so many reasons, even despite some of the (painful) legal inaccuracies. I love the sense of purpose that all the characters possess—small group of people who can change the world, the idealized version of government portrayed, the inspiring monologues, and the fast paced-dialogue.

Fun fact that people probably don’t know about you? I am on the back cover of the Backstreet Boys’ Never Gone album. Check it out!

Member Spotlight: Brian Williams

Lynette Pitt — Fri, 14 Jul 2023 15:00:00 GMT

MEET: Brian M. Williams

Brian Williams is a Partner with Hedrick Gardner Kincheloe & Garofalo, LLP based in the firm's Raleigh office. After graduation from Campbell School of Law in 2002, Brian began building a diverse general civil litigation practice. In addition to his active trial practice, Brian has completed four marathons, three 200-mile relay races, and one-half Ironman. Join us in getting to know Brian better!

What would you do if you were not a lawyer?
Realistically, an engineer. Unrealistically, a movie critic hosting podcasts on the Ringer.

What is the biggest career challenge you’ve had to overcome?
It wasn’t so much a particular case as it was a matter of personal growth. As a young attorney, at times it was difficult for me to take the advice from my more experienced colleagues. I can recall instances where I was looking for someone to tell me I was right rather than being open-minded to other, perhaps better, points of view. It was the classic case of “affirmation v. information.”

What is your favorite legal movie or TV show and why?
"A Few Good Men." The movie has an all-star cast with all of the major actors and actresses in the prime of their careers with an excellent script. It’s also an excellent example of how litigators need to use their common sense and really drill down when interviewing clients. Many of our clients tell their stories in such a way that we are led into believing that they have first-hand knowledge of what they speak, when in actuality they do not. There’s an excellent scene demonstrating this when PFC Downey gets trapped on the witness stand during cross-examination.

Fun fact that people probably don’t know about you?
When I was in college, I was lucky enough to interview basketball coaches Mike Krzyzewski, Bill Guthridge, and Herb Sendek. It was for a history class, and I wanted to interview them for a paper I was writing. I left each of them a voicemail asking for an interview, and remarkably, they called me back. It was 1998, which was in the very early stages of the internet and before cell phones, and they were confused and thought I was with a major sports news outlet. When they called me back, I explained that I was a college student writing a paper for a class. They were very gracious with their time and answered all of my questions. I got an “A,” probably more so because of the marquee interviews rather than my superior writing skill.

What is the strangest thing you’ve ever done?
Bungee jumping from a gondola in the Swiss Alps. I am not wild about heights.

What excites you the most right now?
Watching my twin boys grow. Their excitement about new discoveries and experiences is infectious.

What is one piece of professional or life advice you would tell your younger self?
Learn to listen more and speak less.

Thanks for sharing, Brian!

Member Spotlight: Joseph W. Fulton

Lynette Pitt — Mon, 26 Jun 2023 20:26:01 GMT

Meet: Joe Fulton

Joe Fulton is a partner at Martineau King PLLC in Charlotte, specializing in civil litigation. His practice primarily revolves around insurance coverage and auto/CGL defense. Graduating from Elon University School of Law in 2012, Joe has been a member of NCADA since 2018. Join us in getting to know Joe better!

What drew you to the practice of law and to a litigation and trial practice? I grew up hearing my parents and grandparents speak highly of attorneys that had help them in both their personal and professional lives. I also watched as attorneys in my community stepped up in leadership roles and were able to make a positive difference. When it came time for me to decide what to do, I decided I wanted to be like them.

How has membership in NCADA benefited your professional life? The NCADA is fantastic resource on many levels but the one that has benefited me the most is the relationships. Litigation can be a tough gig at times. Seeing known and respected colleagues in court and at depositions greatly enriches the experience of practicing law and helps ease the burden.

What would you do if you were not a lawyer? Hard for me to imagine doing anything else but probably something in human resources or accounting.

What is the biggest career challenge you’ve had to overcome? Transitioning from associate to partner. Being a partner is extremely rewarding but I have a lot more things to juggle than I use to!

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Terry Sanford. He’s from my hometown, knew my grandfather, practiced law with my great uncle, and lead North Carolina as governor during the civil rights era.

What is the strangest thing you’ve ever done? While on a canoe trip in the boundary waters wilderness area of northern Minnesota, I stood in the United States and Canada at the same time.

What excites you the most right now? Watching my three children learn, grow, and develop their own personalities.

What is one piece of professional or life advice you would tell your younger self? Once you have done what you need to do to prepare, stop stressing and just go do your best!

Member Spotlight: Ellen P. Wortman

Lynette Pitt — Mon, 12 Jun 2023 21:11:47 GMT

MEET: Ellen Persechini Wortman

We are delighted to recognize Ellen Wortman, a Partner with The Wortman Law Firm in Wilmington, NC where she specializes in General Liability and HOA law. Ellen received her law degree from Wake Forest University School of Law in 2002 and is very active member of the North Carolina legal community. Join us in getting to know Ellen!

What drew you to the practice of law and to a litigation and trial practice? I participated in a mock trial during a school project after reading To Kill A Mockingbird. I was defense counsel and realized how exciting trial work can be. I love that every day is different and filled with unexpected surprises (good and bad).

How has membership in NCADA benefited your professional life? The NCADA is a wonderful organization. As a young lawyer the seminars and case law updates were extremely valuable. Now after more than twenty years of practice, I still appreciate the case law updates and information exchange the NCADA provides.

What would you do if you were not a lawyer?
I’d be a school librarian and play more tennis!

Fun fact that people probably don’t know about you? I’ve worked in libraries during all aspects of my life (high school, college, law school and even now as a volunteer).

What is the strangest thing you’ve ever done? I crawled through the undercarriage of a moldy trailer in a Tyvek suit- that’s what happens when you start practicing law during the peak of mold litigation.

What excites you the most right now? The prospect of a good cross-examination and developing themes for new cases.

Book and tennis lovers unite! Be sure to say hello and connect with Ellen.

Member Spotlight: Jilliann Tate

Lynette Pitt — Tue, 30 May 2023 12:18:28 GMT

MEET: Jilliann Tate

Jilliann Tate is a partner with Davis & Hamrick, LLP, in Winston-Salem where she has practiced since graduating Wake Forest University School of Law in 2018. Jilliann's litigation practice focuses on insurance defense with a focus in mental health professional liability defense. Jilliann joined the NCADA in December 2020 and currently serves on our Young Lawyers Steering Committee.

What drew you to the practice of law and to a litigation and trial practice?
My firm! I never saw myself litigating so spent my 2L year taking every contract-drafting course possible. I stumbled into a summer clerkship position at my current firm and unexpectedly fell in love with it. I pestered my now-partners every single day after my position ended until they finally caved and offered me a post-grad position. I’ve never looked back and now cannot imagine a career outside of litigation.

Who and/or what inspires you?
My mental health professional clients (specifically, clinical mental health counselors, clinical social workers, and marriage and family therapists). Their work is invaluable - especially as our culture evolves and sheds the stigma of mental healthcare - yet they often go without the recognition they deserve. They are the most gracious, engaged, and enthusiastic clients despite spending their days hearing the many woes of the world.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why?
The most amazing person I’ve ever known: my late Grandma Elaine. I live every day trying to embody her integrity and selfless love and would give anything for another few moments with her.

What excites you the most right now?
The annual conference (can’t wait to see you all there)! Beyond that, my husband of four years and I are finally taking our honeymoon this summer. Send me all the Paris recommendations!

Describe your perfect day outside of work.
Coffee on the porch with my husband and my pups, a lazy day binge-watching Friends or The Great British Bakeoff, and a homecooked dinner with a nice glass of sparkling wine (also best enjoyed on the porch with my husband and pups).

If you could have any superpower what would it be?
Mindreading, though I have no doubt that would be both a blessing and a curse.

Grab a coffee and connect with Jilliann!

Member Spotlight: Ervin L. Ball, Jr.

Lynette Pitt — Mon, 15 May 2023 20:00:00 GMT

Meet: Ervin L. Ball, Jr.

Erv is a principal in the Asheville law firm of Ball Barden Cury, P.A. where he has focused his practice in insurance defense for over 50 years. Erv received his J.D. from the University of Tennessee College of Law and has been a member of NCADA since 1994. Learn what Erv would do if he was not a lawyer!

What drew you to the practice of law and to a litigation and trial practice? Obtained job in an insurance defense firm as first employment from law school.

How has membership in NCADA benefited your professional life? Great CLE's, seeing colleagues from around the state that I don't have a chance to work or visit with on a regular basis.

What would you do if you were not a lawyer? Elvis impersonator or cage fighter.

What is the biggest career challenge you've had to overcome? Balancing time required for trial practice with family life.

What is your favorite legal movie or TV show and why? "My Cousin Vinny" - very humorous and needed in our sometimes routine profession.

Fun fact that people probably don't know about you? I do have a sense of humor.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Alexander Hamilton. I would try to talk him out of having a duel with Aaron Burr.

What is the strangest thing you've ever done? Climbing to summit of Monte Rosa in Pennine Alps, Switzerland and surviving to talk about it.

What excites you the most right now? Waking up in the morning and knowing I'm still alive.

What is one piece of professional or life advice you would tell your younger self? Work hard, listen to other people, keep learning something every day, meet with and get to know people in other professions and trades to appreciate that individuals from different backgrounds contribute to well-being of our society and country.

Reach out to say hello to Erv and grab a coffee!

*Image is a rendering of firm offices from their website.

Member Spotlight: Eleasa Harris Allen

Lynette Pitt — Mon, 08 May 2023 12:30:00 GMT

Meet: Eleasa Harris Allen

Eleasa Allen is an attorney with Robinson & Lawing, LLP in Winston-Salem concentrating her practice in the defense of Workers' Compensation claims. She received her J.D. from Wake Forest University School of Law in 2005. We asked Eleasa to share a little bit about herself and her practice.

What drew you to the practice of law and to a litigation and trial practice? In a way, I grew up in the courthouse. My mom spent 30+ years working as a court reporter for the State of North Carolina. At an early age, I was introduced to judges and lawyers and was able to see them in action in the courtroom. I grew up revering the practice of law and new from an early age that I wanted to become a lawyer.

How has membership in NCADA benefited your professional life? I appreciate the opportunity to be connected with other attorneys and firms who also practice defense work. I have especially found the roundtable discussions and expert exchange helpful.

What would you do if you were not a lawyer? I would probably have become an English teacher. I had a really impactful high school English teacher who inspired me to write and be creative. If I were not a lawyer, I would hope to be able to be that type of teacher for other generations.

What is the biggest career challenge you’ve had to overcome? Learning how to maintain my career while dealing with significant personal loss.

What excites you the most right now? The future…in our firm generally, and in my practice specifically, I see the potential for a lot of growth and development. Change can be intimidating, but it is a necessary part of life. I am looking forward to the next phase of my legal career and the opportunities set out before me.

What is one piece of professional or life advice you would tell your younger self? In your profession and in life…do not give up. There are times when life and work are really tough, and it can be difficult to just put one foot in front of the other. Surround yourself with good people, believe that you can get through to the other side, and do it. When you look back you will be amazed at what you have accomplished.

Member Spotlight: Louis J. “Johny” Hallow, III

Lynette Pitt — Tue, 02 May 2023 16:12:18 GMT

Meet: Louis J. “Johny” Hallow, III

We're pleased to introduce you to Louis J. “Johny” Hallow, III. Johny is a new NCADA member practicing civil litigation with Hornthal, Riley, Ellis & Maland, LLP in Elizabeth City, North Carolina. He is a Class of 2021 graduate of Wake Forest University School of Law. Let's get to know Johny a little bit here!

What drew you to the practice of law and to a litigation and trial practice? I first thought about becoming a lawyer after participating in a mock trial in a high school Legal Studies class. As for litigation, I obviously enjoy the courtroom, public speaking, and thinking on my feet. But even more, I enjoy thinking outside of the box to come up with non-traditional solutions to help clients resolve their cases.

What are your future goals and aspirations for your for career? I would love to grow a strong civil litigation practice in Eastern North Carolina. As my career evolves, I also hope to become a certified mediator.

Who and/or what inspires you? My family – I would not be where I am today without them.

What excites you the most right now? I am getting married this month and going on a honeymoon in Costa Rica.

Describe your perfect day outside of work. In my perfect day outside of work, I would be deep sea fishing off the North Carolina coast.

Take a minute to connect with Johny and coordinate a deep sea fishing excursion out of Elizabeth City!

Member Spotlight: Stuart L. Stroud

Lynette Pitt — Mon, 17 Apr 2023 21:13:46 GMT

Meet: Stuart L. Stroud

Stuart Stroud has been a member of the NCADA since 1997. He is a partner at Wallace Morris Barwick Landis & Stroud, P.A. in Kinston, NC, where he focuses his practice on insurance defense litigation and mediation. Stuart graduated from Campbell University School of Law in 1992 and has since devoted his practice to insurance defense litigation and mediation. If you're not familiar with Stuart yet, join us in getting to know him a little better.

What drew you to the practice of law and to a litigation and trial practice? I went to college with the idea of Pharmacy School. I quickly learned that science and math were not my strengths. However, I was making good grades in History, Political Science and English and decided to play to my strengths. I graduated with a degree in Education and then went to law school.

How has membership in NCADA benefited your professional life?
NCADA is a great resource for professional information. The meetings are great for networking but the CLE topics and especially the annual case law updates are invaluable.

What would you do if you were not a lawyer? I was certified to teach secondary social studies, so I would have been a teacher. I don’t regret going to law school, but if I had gone into education, I would be retired now.

What is the biggest career challenge you’ve had to overcome? I have been fortunate to practice with two great mentors, PC Barwick and Tommy Morris. I have had the same challenges as everyone else in learning the process, dealing with difficult clients and opposing attorneys, and balancing family life, but having gFeat mentors helps mitigate the challenges.

What is your favorite legal movie or TV show and why? I watched LA Law when I was in law school and To Kill a Mockingbird is a great drama. However, I rarely watch or read legal TV, movies or books. I have to deal with legal "drama" every day, so I choose not to do so with my free time.

Fun fact that people probably don’t know about you? I spent almost 40 years involved with Boy Scouts. I was an Eagle Scout as a youth and worked with Scouts as an adult, including serving as Council Attorney for over 10 years.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Winston Churchill. I’m currently reading his biography. He was a fascinating person.

What is the strangest thing you’ve ever done? I have hiked some sections of the Appalachian Trail, usually by myself. I don’t think it’s strange but other people, including my mother, think it’s crazy.

What excites you the most right now? I am expanding my Mediation practice. I still enjoy litigation but, even as a litigant, I have tried to focus on helping find a solution to the problem and mitigating risk. I find that acting as the mediator, I can help people create their own solutions to their problems. I am really enjoying working as a mediator and hope to continue to do more of them.

What is one piece of professional or life advice you would tell your younger self? Don’t be resistant to change. I hate change but change is constant. I have to remind myself of this daily.

If you don't know Stuart be sure to connect and get to know him!

Member Spotlight: Taylor S. Richards

Lynette Pitt — Mon, 10 Apr 2023 15:24:19 GMT

Meet: Taylor S. Richards

Introducing Taylor Richards, a Senior Associate Attorney with Garrison Law Group in Asheboro, NC. Taylor joined the firm in 2019 and has been focusing his practice on Medical Malpractice defense. He obtained his J.D. from North Carolina Central University School of Law in 2016, and practiced as a prosecutor prior to joining the firm. We are delighted to have Taylor as a member and invite you to learn more about him and connect!

What drew you to the practice of law and to a litigation and trial practice? My early love of history and civics and the long history of lawyers serving as a force for good in our society.

What are your future goals and aspirations for your career? To become partner at Garrison Law Group and provide legal assistance to healthcare providers and systems throughout North Carolina.

Who and/or what inspires you? My wife, she has always guided me personally and professionally. She inspired me to apply to law school.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why? Abraham Lincoln. It would be interesting to see how he operated and how he thought. His intellect and humor are well known and it would be fascinating to witness that in person.

What are you reading or listening to? Civil War books and I constantly listen to music especially rock/metal, and country.

What would be the theme song of your life right now?
Taking Care of Business by Bachman Turner Overdrive (BTO)

What excites you the most right now? That summer is almost here which means family vacation at the beach.

Describe your perfect day outside of work. Either hanging at home with my wife watching tv or spending time with my family at Disney World.

If you could have any superpower what would it be? The ability to cure/heal illness/disease.

How do you define success? From a professional perspective, making an impact on your client’s lives and in the community. However, I personally define success as being surrounded by the ones you love.

Thanks for sharing with us, Taylor! Be sure to connect with Taylor and say hello.

Member Spotlight: Jodee Sparkman Larcade

Lynette Pitt — Tue, 04 Apr 2023 13:23:32 GMT

Meet Jodee Sparkman Larcade

Jodee Sparkman Larcade is a Partner/Owner of Sparkman Larcade PLLC, a woman-owned small law firm practicing civil litigation statewide based in Raleigh, NC. Jodee is a 1979 graduate Southern Methodist University School of Law, and has been a member of NCADA since 1990. Jodee has been an active member having served as a program chair, past member of the Board of Directors, and past Treasurer. We were excited to catch up with Jodee and learn her motivations for becoming a civil trial lawyer!

What drew you to the practice of law and to a litigation and trial practice?
The short answer is my grandfather and watching Perry Mason as a child. I watched Perry Mason with my grandfather every Sunday night from the time I was 7 years old (even though it started way past my bedtime!) When he was a young man, my grandfather was interning/apprenticing with an attorney-mentor in order to become an attorney, but due to the Great Depression, he was unable to complete his studies. With that having been said, he eventually became the president of a local union for Bethlehem Steel for over 30 years. I grew up assisting him in preparing grievances and advocating in various steps of arbitration to and including 4th step arbitrations in Washington DC. He inspired my passion for the law. He inspired me to think independently, to champion the little guy, and to contend for what is right and good.

What would you do if you were not a lawyer?
Being a lawyer is my passion, so it’s a difficult question to answer. I like the drama of the courtroom, the script, and the improvisation that is necessary. Ask anyone, I am a very competitive person and I very much enjoy the battle. But, if I was not a lawyer, and as you can tell from these comments, I would like to be a famous actress!

What is the biggest career challenge you’ve had to overcome?
My answer may be predictable, but the biggest career challenge I’ve had to overcome quite frankly, was/is the undertones of sexual discrimination/bias and professional disrespect. I started practicing law in 1979 and very few women were in the courtroom trying cases back then, and if they were, they were never first chair and always in the background. I ONLY wanted to be a trial lawyer. I was first hired by a small insurance defense firm and I’m not sure anyone knew what to do with me, judges, lawyers, paralegals, and secretaries alike. In spite of appearances and an influx of women over the past years into the practice of law, those challenges remain even today in a courtroom setting and during a trial, particularly within the profession itself. I will say, however, being underestimated has been a strong weapon.

What is your favorite legal movie or TV show and why?
My favorite movie is "To Kill a Mockingbird". The personal family backdrop and the professional dynamics of the time are compelling. Standing up for what is right against public opinion and against all odds, regardless of the personal cost, inspires me to work hard, do my best, and be the best advocate I can be for my client.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why?
Well, first of all, I don’t like coffee so it would have to be a cup of hot tea. I would like to sit down and talk with Abraham Lincoln. His wit and character are unmatched. He was a masterful storyteller and a excellent trial lawyer… and don’t trial lawyers need to be good storytellers?

Connect with Jodee for a great conversation over a cup of tea!

Member Spotlight: Heather Fuller

Lynette Pitt — Mon, 13 Mar 2023 14:28:41 GMT

MEET: Heather Call Fuller

Introducing Heather, an accomplished attorney at Lincoln Derr, PLLC in Charlotte, specializing in business litigation with a primary focus on medical malpractice cases. Heather received her J.D. from the University of New Mexico in 1994, and joined NCADA in 2021. Learn more about Heather and connect with her as a fellow member.

What drew you to the practice of law and to a litigation and trial practice? I had an ungraduated constitutional law class taught by a lawyer who brought the law to life, and I was hooked. I was drawn to medical malpractice because my father was a doctor. I witnessed his dedication to his patients and achieving a good outcome. I wanted to be able to defend professionals like my father.

What would you do if you were not a lawyer? A doctor.

What is the biggest career challenge you’ve had to overcome? I took a number of years off to raise my 3 children and when I was ready to go back to work, we were not living in the state in which I was licensed. I had to take the North Carolina bar exam 20 years out of law school. It was challenging but in the end, I passed and was able to land in a fantastic firm.

Fun fact that people probably don’t know about you? I am a member of the Hopi Tribe.

What is one piece of professional or life advice you would tell your younger self? It is ok to pause your career to raise children but have a plan for reentry.

Great advice!

Member Spotlight: Ruthie Sheets

Lynette Pitt — Tue, 07 Mar 2023 02:36:43 GMT

MEET: Ruthie Sheets

Ruthie Sheets is an an Associate Attorney with Harris Creech Ward & Blackerby, PA in New Bern, NC joining the firm in 2017 after graduating from Wake Forest University School of Law. Ruthie's practice includes professional liability defense and general litigation. A member since 2017, we're thrilled to get to know Ruthie!

What drew you to the practice of law and to a litigation and trial practice? I have had the goal of being a lawyer since I was a young child. I am drawn to litigation as it is ever evolving and the same day is never repeated twice.

What are your future goals and aspirations for your for career? To continue to grow my practice in professional liability defense.

What excites you the most right now? Professionally, I am excited by my continued development and growth in the practice of law as a young attorney.

Describe your perfect day outside of work. My perfect day outside of work would be a crisp fall day outside, strolling through downtown New Bern with my son, Tripp.

How do you define success? I define success as being secure, content, and happy in whatever position or path you choose.

Be sure to connect with Ruthrie and say hello!

Member Spotlight: Robert E. Harrington

Lynette Pitt — Wed, 22 Feb 2023 20:12:22 GMT

MEET Rob Harrington.

Rob Harrington is a Shareholder; Litigation Department Co-Chair – Business Litigation with Robinson Bradshaw & Hinson practicing in both Charlotte and Raleigh offices. Rob is a 1987 graduate of Duke University School of Law and has been an NCADA member since 2012. As an experienced litigator, we asked Rob to share a bit about himself.

What drew you to the practice of law and to a litigation and trial practice?
I’ve always been drawn to representing the interests of others, and I really enjoy being in the courtroom.

How has membership in NCADA benefited your professional life?NCADA is a great networking forum. And the legal and practice updates are very helpful.

What is the biggest career challenge you’ve had to overcome?
Balancing career and family. A son and two granddaughters in, the balance seems to have gone pretty well.

What is your favorite legal movie or TV show and why?
"My Cousin Vinny "– The courtroom scenes are hilarious.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why?
Martin Luther King, Jr. I’d like to ask him how he decided to sacrifice so much, and how he managed to accomplish so much -- in 39 years.

What excites you the most right now?
How much can be accomplished in the next 10 years or so of law practice.

Say hello and connect with Rob!

Member Spotlight: Jasmine Pitt

Lynette Pitt — Tue, 14 Feb 2023 17:04:48 GMT

Meet Jasmine Pitt.

Jasmine Pitt is a Senior Associate / Litigation in the Winston-Salem office of Akerman, LLP. Jasmine is a 2015 graduate of Wake Forest University School of Law and has been a member of NCADA since 2016. She has served on various NCADA committees and is a past chair of our Young Lawyers Committee. Jasmine is currently serving a 3-year term on our Board of Directors.

We asked Jasmine to share a little bit about herself in our Member Spotlight.

What drew you to the practice of law and to a litigation and trial practice?
It may be cliché, but I think a part of me has always wanted to be a lawyer. I have a history and a psychology background and find the evolution of law throughout history and society fascinating. I also enjoy helping people navigate their motivations and find solutions to their problems.

At first I did not think I’d be a litigator, but a great firm with great mentors starting out helped me find my passion in the strategy of litigating. I stayed because I enjoy problem solving and coming up with creative solutions for my clients. I also love crafting an engaging story.

What are your future goals and aspirations for your for career?
To make a long-term impact in my firm and community. My goal is to be able to look back and not just be proud of the position I am in, but also of the work I have done and the people I have hopefully helped along the way.

Who and/or what inspires you?
I’m inspired by recognizing the opportunities I am fortunate to have. I am able to work with great people in interesting areas of the law. I am also able to use my position to advocate for businesses and the community in which I work.

If you could meet one person, dead or alive, to grab a coffee with, who would it be and why?
Thurgood Marshall. He was such a pioneer throughout his entire career and persevered despite so many systems in place against him. He never lost sight of where he came from and the impact of his voice and vote.

What are you reading or listening to?
I’m reading some of everything! In 2021 and 2022, I read a book a month by a minority female author. This year, I’m upping that to two books a month written by females. I have enjoyed experiencing history and stories through different perspectives and voices. Lately, it’s been a lot of historical fiction and semi-autobiographical novels of the great women behind some of the men and events at the center of our history.

Describe your perfect day outside of work.
A day where I can put my phone/computer down and just enjoy my friends, family, and hopefully some warm weather outside. The day would end with cooking a great meal and maybe a movie.

If you could have any superpower what would it be?
To slow down time – sometimes I wish there were just more hours in the day to get work done and spend time with my family.

How do you define success?
I’m learning to define success by my own terms. Success to me now is looking back and knowing that I planned the best I could, did my absolute best, and can say I have no regrets. Even if the outcome is not exactly as desired, if I did all I could, I succeeded.

Say hello and connect with Jasmine!

Member Spotlight: Denaa J. Griffin

Lynette Pitt — Tue, 07 Feb 2023 16:09:14 GMT

Meet Denaa J. Griffin

Denaa is a Senior Associate Attorney/Management Employment Trial Attorney with Jackson Lewis, P.C. based in the firm's Raleigh office. She is a proud alum of The North Carolina Central University School of Law graduating in 2013. Denaa has been an active member of NCADA since joining us in 2017 having served as a committee member and chair of our Diversity Committee. Denaa is now serving a 3-year term on the NCADA's Board of Directors.

We asked Denaa to share a little about herself in our Member Spotlight:

What drew you to the practice of law and to a litigation and trial practice?
Initially, it was to equip myself to help others and to make a difference. I stayed because trial work is for people like me – people who know how to tell an engaging story, step by step.

What are your future goals and aspirations for your for career?
To participate in more trial work. I love assisting small businesses and business owners in mitigating risk, both pretrial and during trial. It makes a world of difference to them and might mean the difference between continuing to operate their business and declaring bankruptcy.

What are you reading or listening to?
Everything and (almost!) anything. I love discovering new artists, sounds, and writings!

What would be the theme song of your life right now?
Welcome to the Jungle by Guns N’ Roses closely followed by Plastic off the Sofa by Beyonce.

Describe your perfect day outside of work.
A day where time stays the social construct that it was supposed to be. Wake up without an alarm clock to grab iced coffee and go for a (mild) hike without headphones to ground myself. The hike would be followed by a day of pampering and reading. No cleaning allowed.

Say Hello and connect with Denaa!

NCADA Members Recognized by Peers as 2023 Legal Elite

Lynette Pitt — Tue, 10 Jan 2023 18:45:38 GMT

Download a copy of this list.

In Memoriam: John G. Golding, NCADA President, 1983-1984

Lynette Pitt — Tue, 15 Nov 2022 15:58:45 GMT

It saddens us to announce the recent passing of John G. Golding. Mr. Golding was a Charter member of the NCADA serving on the founding Board from 1978-1980, and President in 1983-1984. Mr. Golding was a highly successful trial lawyer, specializing in medical malpractice defense work. Opposing counsel somewhat fondly nicknamed him "The Prince of Darkness" and "Mr. Assassinator." Mr. Golding mentored many members of the NCADA.

Mr. Golding was a peer and mentor to many in this group of civil trial attorneys. Join us in honoring John G. Golding for his service to the NCADA and to the legal profession.

https://rb.gy/kfuf6s

What It Means to be a Defense Attorney--Tricia Shields

Wed, 23 Jun 2021 15:21:20 GMT

What It Means to Be a Defense Lawyer – Tricia Shields

Last fall, Allen Smith asked a number of us to write a column about what it means to be a defense attorney for The Resource. When I sat down to write my contribution, I reread the previous submissions of my friends. Some of their pieces recounted fond memories, some told funny war stories, and all were full of the wisdom of great lawyers. I have deep respect and affection for each of the authors, and it was joy to read what they shared with us. I am happy to have this chance to add my perspective.

Having done this for a lot of years, I now see the role is a defense attorney as similar to the role of a good parent. Our job is to advise and guide, to listen and to care. While our clients’ fights aren’t our fights, they often feel like they are. We speak for them, fight for them and protect them as best we can. We have the responsibility to tell them the truth, especially when it’s a hard truth, and they don’t want to hear it. And we sometimes stand with them in the most difficult times of their lives.

Early in my career, of course, I usually handled smaller matters representing folks who considered their case to be the insurance company’s problem, and me an annoyance. I learned the value of patience and persistence in those cases. (“Yes sir, you really do have to help me answer these nosey interrogatories.”) I was also lucky enough spent several years as second or third chair, junior to the best trial lawyer that I know and sometimes to a more experienced paralegal, in more significant and complex cases. I figured out early on what an incredible opportunity I had been granted, and I tried to learn everything I could from it.

Those first experiences prepared me, as they do all of us, for the greater responsibilities to come. It has been my honor to represent people in all kinds of circumstances – some who were innocent of the allegations against them, and some who had made terrible mistakes with terrible consequences. Some are terrified, worried, or ashamed. Being a defense lawyer means giving all of your clients, regardless of what they have done, guidance, compassion, and the best defense you are able to provide.

Being a defense lawyer means working very hard. I have come to accept that our work week will never be forty hours, and that everything always takes longer than I think it should. I have also come to learn that even though working on weekends is a special kind of misery, time spent in preparation is never a waste.

In fighting for my clients, I have found that it is rarely necessary to fight with the lawyer on the other side, and it is never necessary to be unkind. That does not mean, of course, that we let anyone push us around or take advantage of us. We can be firm in our position, without, as my grandmother used to be say, “acting ugly.” One of the best things about practicing in a community like ours, where people are friendly and have good manners, is that we can be friends with our opponents.

Here in North Carolina, being a defense lawyer also means that we are friends with our colleagues in other firms, who do the same kind of work that we do. I hear that in some parts of the country, defense lawyers consider each other to be competitors for clients. Here, however, thanks to the culture of the NCADA, we are members of a supportive community. This is where I learned how to take expert depositions, how to pick a jury, and about all about the new decisions of our appellate courts. This is where I was given an opportunity to lead, and where I’ve had unbelievable support as I’ve pursued my dreams. This is where I made some of my closest friends. This is where I found my law firm home.

When I joined a defense firm 34 years ago, I had no way of knowing where it would lead. I am grateful for this journey, and all the friends that I have made along the way.

What It Means to be a Defense Attorney - David N. Allen

Lynette Pitt — Mon, 24 May 2021 15:22:28 GMT

by David N. Allen

When President Smith asked several folks to write a column about what it means to be a trial lawyer, I thought why do any of us need to do this? After all, no one has ever done a better job of summing up this topic than Sammy Thompson in his valedictory address at Hilton Head a couple of years ago. It has never been any fun to follow Sammy. And the times I have had to do so, I have repeated the old comment attributed to John Warner, talking about his wedding night with the oft-married Elizabeth Taylor: “I know what I am supposed to do, I just don’t know how to make it seem new and interesting.”

To me the real core of being a trial lawyer is persuading people. Everything that we do is about convincing somebody-judges, jurors, clients, opponents-to do what we want them to do. One of my great mentors, Hank Hankins, said that trial work was bending others to your will, and that’s accurate. We package arguments, present precedents, position facts, and use all of our powers to persuade others and to convince them to adopt our positions. Any skill I have in achieving that end has been shaped by the lawyers I have been blessed to interact with over my career. Those lawyers fall into a number of categories that I believe should resonate with all practicing attorneys.

First, I have to acknowledge my Mentors. When I first came to the bar, I was lucky to work with some really good lawyers. My two principal mentors at the Golding Crews firm were Marvin Gray and John Golding. I have often said that Marvin taught me how to be a lawyer/professional and John taught me how to be a lawyer/trial advocate.

Marvin Gray was an excellent lawyer. He also treated everyone with great respect and courtesy. Whenever he called another lawyer, Marvin invariably asked “Is Mr. Hewson in? MK Gray calling.” He gave the honorific to the person he was calling, while referring to himself as merely MK Gray. Marvin saw value in training young lawyers not only in the law, but also how to act with other lawyers. On most Friday afternoons, the associates would congregate in Marvin’s office where he would pull a bottle of Virginia Gentlemen out of his bottom desk drawer and we would then reminisce about the week or discuss an opinion that had just come out. Marvin read the advance sheets, and this was when they were really “sheets”. Marvin kept an annotated black notebook that he carried with him to court and later when he went on the bench.

John Golding was cut from different cloth. John was as skilled an advocate in the courtroom as I have ever seen. John’s specialty was defending physicians, and he understood the medicine and how to present it to folks in an understandable and digestible way. John never talked down to the jury, but it was always clear that Professor Golding was teaching them what they needed to know to unravel the mysteries of medicine. John did not suffer fools easily. Luckily for me, those fools were generally found across the “V.” as plaintiffs’ lawyers, plaintiffs themselves, or plaintiffs’ experts, although occasionally John leveled his disappointment at those who worked with him. It didn’t take too many times of being shown your inadequacies by John to anticipate and shore up any weaknesses in your case. John also was an accomplished actor in the courtroom, bearing himself with presence and brimming with confidence. I learned from him that great art of appearing to be completely in control and absolutely convinced that you had the winning argument, even if you had a few doubts lingering down deep. At least I had those doubts - I am not convinced that John ever doubted!

I was later blessed to have Hank Hankins as my mentor. Hank had that rare gift of insight into legal problems and the ability to hone in on the key issue that would determine the outcome of the case. And he was able to brilliantly marshal arguments and logic to ultimately prevail on that central point. A walk down the hall to discuss a problem with Hank always yielded a new line of attack or reassurance that you were on the right track.

Having been equipped with at least rudimentary skills by these excellent mentors, I then benefited from my interaction with the Triers. I have been fortunate to try cases and work with some truly remarkable trial lawyers. I am reluctant to start listing the folks in this category for fear of leaving out a few, but the list has to include these friends: the late Jim “Butch” Williams from Greensboro, with whom I tried my longest case; Gary Parsons; Dan McLamb; the late Harvey Cosper; Jimmy Williams; and Jim Cooney. This is a truly remarkable cast of trial lawyers and I have to admit that I stole a little (or perhaps a lot) from each one of them. It was an honor to watch them work and to see how their approaches to trial work were so interwoven with their personalities and natural strengths. What was appropriate for one might not have worked for the other. These lawyers knew themselves and knew the value of being true to themselves in each presentation to the court and jury.

I have also benefitted and learned from the remarkable Judges before whom I have appeared. My list must begin with the late Erwin Spainhour, whom I knew both as a trial lawyer and as a judge. I have lots of stories from practicing in front of such Titans as Frank Snepp, Bob Kirby, Tom Seay, Walter Allen, Bob Lewis, Jud Downs, Forrest Ferrell, and more recently before David Lee, Bob Ervin, Don Bridges, Louis Bledsoe, Jim Gale, and Mike Robinson. This is an eclectic group and shows the need for lawyers to adjust to meet the differing needs and requirements of different judges. What works to convince one judge may not work as well to convince another. We have to know a judge’s predilections and tailor our presentations to fit with the judge in a particular case.

I would be remiss if I didn’t mention that I have also learned a lot through the years from the many plaintiffs’ lawyers with whom I have had to deal. I won’t list those names and feed their considerable egos, but you can learn from them, particularly from the rhythms and demands of their personalities. Similarly, the great mediators with whom I have interacted over the years have also taught me a lot. Two stand out to me as instructive. Bonnie Weyher has a gift of connecting with plaintiffs. She is empathetic, which immediately resonates with folks who think they have been injured or wronged and so, they listen to her. Tapping into some of that in my interaction has made me better at the art of prevailing at mediation. Similarly, Ray Owens has remarkable talent as a mediator, blending a cajoling nature with a wealth of experience and insight into the personalities and motivation of claimants and defendants and their lawyers to help the parties move toward settlement. The ability to read people and tailor arguments helps mediators and can also help us better represent our clients at mediation.

Finally, I am quick to admit that I believe I have enjoyed a successful career as a trial lawyer due to a willingness to surround myself with lawyers who are a lot smarter and more talented than I. These are the Youngsters. One of my first associates was John Grupp. Despite a questionable background of Duke undergrad and UVA Law, John was remarkably easy to work with. Our personalities worked well together, and John’s organized way of thinking brought some order to the chaos I occasionally demonstrate. Lori Keeton, a very gifted writer, and Jason Benton, a talented trial lawyer with a superb outlook on life, helped me immensely. As did Chip Holmes, after I managed to convince him to come to my aid in a time of need and join our firm. Currently, I continue to benefit enormously from the work of my partner, Ben Chesson, a true craftsman as a writer with a keen mind and a prodigious work ethic. Blessed with real talent, Ben has made it very easy for me to enjoy some success over the last several years. And he has helped make the last few years much more interesting as together we have moved into new fields of practice and picked up new areas of the law to study and learn.

I tell young lawyers that they should watch really talented lawyers and learn from them. When I was a young associate, we were fortunate that clients were willing to pay for young lawyers to go to trial and soak up the experience, knowledge and techniques of more senior lawyers. Now, even if you can’t bill for that, take advantage of the opportunity. But don’t try to be the lawyers you watch. Try to see what works for them and consider how something similar might work for you. I’ll never have the coldly logical approach of Hank Hankins or the elegance of Butch Williams. I won’t have the self-effacing nature of Harvey Cosper or the quick wit of Sammy Thompson. And fortunately, I will not have the pugnacity of Gary Parsons! But absorb little bits of all the trial lawyers you see and use that to your advantage. That is the real gift, the real secret to being a good trial lawyer.

____________

David N. Allen is a past president of NCADA and 2020 Recipient of the Excellence in Trial Advocacy Award.

What It Means to be a Defense Attorney--Dan McLamb

Thu, 29 Apr 2021 16:32:50 GMT

by Dan J. McLamb

When you can count on one hand the number of years left before you become a 50-year lawyer, there is a lot to contemplate about what it means to be a defense lawyer. My first impulse was to romanticize the entire experience. Then I thought, well, it actually has been pretty hard work. So for a more honest accounting, I tried to go back through what I have done over the years.

Right out of law school I knew that I wanted to be in the courtroom, but it took me a while to realize that there were actually only a few ways to get there on a frequent basis - be a prosecutor, a public defender, or in a civil practice world, an insurance defense lawyer. As a result of good fortune as much as anything else, I landed at a defense firm led by a group of incredibly talented lawyers who, most importantly, practiced law at the highest level while never compromising ethical and professional standards. Like so many others, I benefit to this day from having crossed paths with so many outstanding defense lawyers who were committed to teaching young lawyers like me, by example and words, the “right way to practice law.” All of us who have been fortunate enough to thrive as defense lawyers shoulder the burden of mentoring those who will take our place by what we say and do. It is essential for the continued success of our specialty.

In preparing to write this article, I looked back through old notes I have saved over the years in search for what I actually have said about what it means, or requires, to be a defense lawyer. I stumbled across some notes I jotted down in July 2009 to lead a discussion at our firm retreat entitled “Ten Things to Remember.” While there is nothing earthshaking about these notes, they do capture many of my thoughts about important components of a successful defense practice. They begin, however, with reference to an invaluable lesson I learned from my very first trial sometime in the late 1970’s. Here are the bullet points

Judge Braswell’s lesson.
Judge Braswell was a respected Superior Court Judge from Cumberland County. He presided over my first jury trial. I struggled mightily to ask non-leading questions throughout the trial. At its conclusion, Judge Braswell asked me to approach the bench. After all these years, I can still quote him, word for word: “Son, I noticed you had a little trouble with leading questions. The next time you get ready for trial, put together questions for direct examinations that all begin with the words who, what, when, where, or why. If you do that, you will never ask a leading question.” I have followed that advice for every trial for more than 40 years and have passed it along to dozens of young lawyers.

Never hedge the truth.
This note needs no explanation. As defense lawyers, we are frequently in court and see the same judges repeatedly. Judges talk to each other. Credibility is built one block at a time. In my view, credibility with the court and opposing counsel over the long-term means everything. One misrepresentation – even a small one – can tear down the blocks you have built and damage your credibility forever. There is no case or issue worth putting you or your firm’s credibility at risk.

There is no substitution for preparation.
This point should not surprise anyone. Some of us like to think we are good communicators and really effective with juries. The reality is that we begin the trial by having to defend a position. No matter how good we are on our feet, our clients prevail because we are driven to out-work the other team.

Write succinctly.
Judges and lawyers are busy. The more directly and succinctly we convey our thoughts, the more clearly they are understood.

Respect your clients.
Leslie Packer discussed this point in her article. Different clients have different goals. Our job is to understand these goals and, as long as they are ethical and legal, endeavor to achieve them. Successful practice as a defense lawyer really is pretty simple. It means understanding our client’s objectives; making a plan to accomplish those objectives; keeping the client advised of the plan; and following through with the plan. It is certainly our job to advocate what we believe is in the client’s best interest, but we do not get to make the final decision.

Disparaging competition seldom works – Praise is better.
We are fortunate to be defense lawyers in North Carolina. I have never practiced in another state, but I have to believe the teamwork and comradery among the North Carolina defense bar is unparalleled. Criticism of another team member rarely benefits the team as a whole, and it should be avoided.

The Harry Weyher system.
Harry Weyher was my father-in-law. He practiced law in New York. Before computers, he maintained a rolodex on his desk in which he kept detailed personal notes about all his clients and colleagues - their birthdays, interests, children’s names, etc. I have never perfected his system, but I have tried. Clients are more than bill-payers. They have families and concerns just like us. I have always believed that professional relationships are strengthened when personal relationships are strong and sincere.

Remember it is a team.Most of us are pretty good at recognizing and thanking our mentors. For those of us lucky enough to be lead trial lawyers, however, it is equally important that we recognize the younger lawyers, paralegals, and administrative assistants who surround and support us. The truth of the matter for me, and I suspect I am not alone, is that I would be lost at sea without the capable, long-time support of those with whom I am fortunate enough to work. I think we as defense lawyers recognize the value of our teams.

Do not put your head on the pillow without responding to every call and email.Our partner, Joe Yates, beat this drum daily. It’s a hard one, but he was right. If you want to be a successful defense lawyer, you cannot take any question or client for granted.

Keep the North Carolina State Bar on speed dial.
For those of us who handle defense work for insurance carriers, the tripartite relationship is always the elephant in the room. Representing the insured and insurer is easy - until it is not! Conflicts are inevitable. We obviously have the North Carolina Rules of Professional Conduct and many State Bar ethics opinions for guidance, but I (particularly as I have gotten older) seem to confront ethical issues which are more gray than black and white. For years Alice Mine at the State Bar fielded my calls. Now it is Brian Oten (919-260-2650). To be the best defense lawyers we can be, we have to be certain we are ethically representing the interests of both our insured and insurer clients. The State Bar is there to help steer us safely to port. It has guided me more times than I can count.

I could list a hundred additional points that help define what it means and requires to be a successful defense lawyer. The important thing, however, is to be cognizant of fundamental principles that have served the profession well over the long-term and to work together to preserve and enhance the quality of our defense bar.

_____________

Dan J. McLamb is the 2019 Recipient of the Excellence in Trial Advocacy Award.

What It Means to be a Defense Attorney--Linda Stephens

Tue, 30 Mar 2021 14:07:36 GMT

by the Honorable Linda Stephens

Twenty years ago, I became the first female president of the North Carolina Association of Defense Attorneys. Serving as president of this organization has been one of the crowning accomplishments and highest honors of my professional life. Getting there was a challenging, but also rewarding, journey. Then and now, I have found it fitting that I became the first female president in 2001, because, for so many years, the notion of a woman leading a group of civil defense lawyers was as alien an idea as the tale told by Arthur Clarke in 2001: A Space Odyssey.

I was in law school at the University of North Carolina at Chapel Hill from 1976 until I graduated in May 1979. Women made up less than 20% of my class, and some male classmates believed, and sometimes outright expressed, that we were “tokens” taking up the space that should have been given to another of their kind. I wouldn’t call the environment hostile, but it definitely was not welcoming. In those days, few women went into careers as litigators. Most went into government service, still a noble calling. I became a law clerk at the Court of Appeals for a year and then served as a deputy commissioner for the Industrial Commission for four years. But, I wanted to try cases. I did not want to spend my career watching other lawyers, mostly white men, try cases. I got lucky. In August 1984, I left the Industrial Commission to go to work as the first female lawyer at Teague Campbell Dennis and Gorham in Raleigh.

Early on, I was required to apply for membership in the NCADA. I did. Not long after, I received my Certificate of Membership recognizing “him” as a “member in good standing.” I promptly sent the certificate back, telling then Executive Director Annette Boutwell that I was not a “him” and that I was sure she had inadvertently pulled my certificate out of the wrong stack. At that time, I had become the third female member of the Association, behind Beth Fleishman and Sheila Fellerath. Talk about trailblazers! Anyway, Annette let me know that it was not a mistake. The Association did not have any membership certificates for women. But, she was ordering some!

I continued to call out the white male members of the Association. My firm always supported the annual meeting, and I attended my first one in 1985, when it was held at Hilton Head in April. The weather was unpredictable, frequently cold and rainy. But there we were. The CLE was as exceptional as it has always been. Back then, though, the speakers were all white men, who addressed the audience as “Gentlemen.” Troublemaker me, I raised my hand to say, “I’m not a gentleman!” And then I went up afterward to tell the particular speaker the same thing.

I railed against the fact that there were never any women speaking at the podium! Careful what you ask for. I think it was 1994, could be wrong about the date, I became the first female speaker at the annual meeting. My place on the program? Last on Saturday. But, it was a significant start.

I do not remember who asked me to be on the Board, but I gladly accepted, served my three years, and went away. Then, the call came. New president Jim Cooney wanted me to be secretary. I have never been fond of taking the minutes, but I jumped at the chance to be an officer of this Association. First woman officer. Pressure on. Did it. And I will forever be grateful to Cooney for recognizing and rewarding my fight for the women in this Association. I rose through “the ranks” after that to eventually become President.

Leslie Packer became the second female president of this Association. I was happier and prouder at her induction than my own. Then, Bonnie Refinski-Knight, followed by Tricia Shields, the first time the Association benefitted from two women in a row! And then the first African-American woman, Day Matthews! And, coming up next, Sara Lincoln!

I love Sara as if she were my daughter. I am so happy that she is going to be leading the NCADA for the next year. She will advance the cause and progress for women in the profession and, specifically, as civil defense lawyers. Can’t wait to celebrate with her!

__________

Hon. Linda Stephens is a past president and is the 2015 Recipient of the J. Robert Elster Award for Professional Excellence.

What It Means to be a Defense Attorney--John Willardson

Wed, 24 Feb 2021 19:25:57 GMT

by John S. Willardson

BOB SMILED

The date was May 17, 2007. The place was Centenary United Methodist Church in Winston-Salem. The occasion was the memorial service for Bob Elster, a beloved charter member of the NCADA. I was there along with Lynette Pitt and Richard Bennett to pay our respects. Former Chief Justice Jim Exum was seated to our left on the same pew. During the opening prayer, a cell phone sounded nearby. The ringtone was Stars and Stripes Forever. Heads turned and a person seated nearby began squirming as any of us might do in such an embarrassing situation. Following the service, that person told me, “I didn’t know whether to stand up and salute or crawl under the pew in front of me.” It would probably be unfair and unprofessional for me to mention the name of that person, but his initials were RVB and he lives and practices law in Winston Salem. I am sure that our friend, Bob Elster smiled when that occurred.

When I was asked by Lynette Pitt to write an article about professionalism and trial practice from the perspective of a small firm, small town lawyer, my initial inclination was to decline because I doubted it would be of interest to current members of the NCADA. However, I have decided to proceed with an article which I hope you will find helpful or at least interesting. A characteristic of senior lawyers is to share war stories and this short article will tell a few.

THE BEGINNING

Following graduation from UNC Law School in 1972, I served as Research Assistant to the late R. A. Hedrick at the North Carolina Court of Appeals. I had no idea where I would go to practice law following that clerkship. A few months into that clerkship, then Governor Robert Scott appointed Julius A. Rousseau, Jr. of North Wilkesboro as a Superior Court Judge. Judge Hedrick encouraged me to interview with the firm. Neither my wife Ann nor I had ever been to Wilkes County and had no connections there. I went for an interview and was offered a position as an associate to begin in August 1973, when my clerkship ended.

WAR STORY NO. 1

AUGUST 1973 – BAPTISM BY FIRE

I was hired as an associate of the late Larry S. Moore, a wonderful trial lawyer and great southern gentleman. He was genteel, polite, and loved by everyone. On my first day in the office, he told me that there was a criminal term of Wilkes Superior Court, that we would simply go to the courthouse that day so that I could observe motion hearings and a trial and meet other lawyers and members of the Clerk of Court’s staff. He did not tell me that Judge Rousseau would be the presiding judge. Although I had heard many oral arguments in the NC Court of Appeals, I had never actually been in a trial courtroom.

After entering and being seated in the courtroom, Judge Rousseau, in a fairly gruff voice, directed Mr. Moore to approach the bench. Although I was seated 15 feet away, I heard him ask Mr. Moore, “Do you want John to get his feet wet?” Mr. Moore said “yes,” and I was appointed that day to represent an unfortunate individual charged with a second or third offense DWI. Judge Rousseau directed the Clerk to “put twelve jurors in the box.” Mr. Moore left the court room, and I was on my own to select the jury and try my first case. I had no advance warning that any of this was going to happen.

Somehow, I bumbled through, and late that afternoon, returned to the office in North Wilkesboro. I was upset with Mr. Moore for having abandoned me. It was late in the afternoon and Mr. Moore was seated at his desk with a glass of bourbon and a big smile on his face. He asked me about the trial, and it was all that I could do to contain myself and avoid saying something harsh. Perhaps it was nascent professionalism that kept me from doing so. But more likely, it was the need for a job and income. We discussed details of the case including the fact that the jury had deliberated for 45 minutes without reaching a verdict before court was recessed for the day. Mr. Moore said, “You must have done something right, you have confused the jury.”

The confusion did not last long because the next morning the jury returned and convicted the unfortunate client. As a footnote, my client had a homemade tattoo on his forearm that said, “Born to Lose.” Fast forward about 35 years later and the same gentleman came to see me about a disability case and told me that he had been working as a security guard.

WAR STORY NO. 2

THE COW CASE

Approximately three weeks later, Mr. Moore handed me a file and told me that the case was on the District Court Civil Jury calendar for trial the next day and that he wanted me to handle it. It was my first insurance defense case. I protested that I knew nothing about the case and could not possibly be prepared. He replied, “This is a cow case. No one has ever lost one of those.” He was wrong. I lost the case. For those of you who do not know, a “cow case” is a case in which a farmer is sued for negligently maintaining fences; a cow escapes from the pasture, wanders into the road and is struck by a passing vehicle, sometimes resulting in a lawsuit).

WAR STORY NO. 3
MOONSHINERS and CRIMINAL LAW

At that time, there were 13 ATF agents in Wilkes County because of the widespread moonshining in this area. In addition to our civil practice, we handled a wide variety of criminal cases ranging from many “liquor” cases, drug cases, assaults, and even murder. In a small-town general law practice, we did a bit of almost everything. After approximately 20 years, I discontinued any serious criminal court work to concentrate in the development and handling of a growing insurance defense practice. Eventually our firm grew to five lawyers, but I now practice alone.

During the following 48 years, hopefully my trial skills improved a bit. If so, it is because I have learned from each trial experience and have benefited greatly from my 40+ year association with the NCADA and DRI.

What have I learned about professionalism from a small-town practice? I have learned that it is important (1) to remain calm in the face of unexpected developments or adverse rulings; (2) to pace the cadence and tone of your speech; (3) to dress professionally and appropriately; (4) to be yourself; (5) to carefully draft and proofread documents; (6) to be polite and respectful of judges, opposing counsel, jurors, witnesses, and courtroom staff; (7) to be prepared; (8) to be honest (9) to be fair; (10) to be humble, not arrogant; (11) to avoid “sharp” practices and (12) to treat everyone with the same degree of respect and fairness with which you would want to be treated.

The NCADA is comprised of many great lawyers who embody those basic principles in both their lives and practices. Bob Elster would be proud of this association and its members. Undoubtedly, you, too, have helped keep that smile on his face.

__________

John S. Willardson is a past president and 2016 Recipient of the J. Robert Elster Award for Professional Excellence.

What It Means to be a Defense Attorney--Leslie Packer

Thu, 28 Jan 2021 18:06:41 GMT

By Leslie Packer--Ellis and Winters, LLP

There are two facts about being a defense attorney that structure much of what we do. Beginning with the obvious – a defense attorney is asked to defend a defendant who has been accused of wrongdoing of some sort. Second, a defense attorney is reacting to allegations that someone else has formulated. Both of these facts are fundamental to our mission.

With respect to the first fact, our clients are not willing participants in litigation and have not initiated it. Our job, therefore, is to represent them and guide them through a process that is often scary, unpleasant, and perhaps confusing. We do not get to make the facts – we have to make of them the best we can, and help our clients reach the best possible outcome in what is often a difficult situation.

So, we begin with a client who is not happy. One of our critical responsibilities is to learn about the client, who may be an individual or a corporation. When it is a corporation, it is still made up of people, so we learn who they are, what their roles are, and who the decision-makers are. Even if the people we are helping are employees of a corporate defendant, they still have concerns. For both individual and corporate clients, a surprising number of those concerns are non-monetary. Clients are concerned about the effect of an adverse outcome on their jobs, reputations and families. Sometimes the client’s biggest concern may be about something that is peripheral to the litigation, but extremely important to the client. For example, the client may have been going through counseling related to the incident in question and is uncomfortable disclosing that fact. It is our responsibility, early in the life of the case, to explore these concerns, both to provide reassurance and also to be prepared to guard against undesired outcomes.

We need to explore the client’s desired outcome. We then build our defense to reach that outcome – whether a settlement, summary judgment, or a defense verdict. Although it may be tougher on the ego, sometimes the best outcome is to obtain a reasonable plaintiff’s verdict. When there is clear liability but a plaintiff has unreasonable settlement demands, a verdict that is lower than the last demand may be a “win” for the client. In the mass tort setting, a low plaintiff’s verdict may help in establishing norms for settlements on a large scale, and thus may be very valuable to a client.

As we begin to develop our defense, we learn about the case. Often there are documents – some good, and almost always some bad. We interview witnesses and engage in discovery. As we learn more, the defense strategy may change. Apparent weaknesses may turn into strengths, and vice versa. It is our job to communicate with the client about the evolution of the case and corresponding defense strategy, and to assess whether the desired outcome remains achievable.

To be effective in representing our clients and reaching their desired outcomes, we must be trusted advisors to our clients, but also respected ambassadors to others. We are ambassadors to opposing counsel, to mediators, to judges, to court personnel and to jurors who may ultimately decide the client’s dispute. Because we are ambassadors for our clients, our conduct reflects upon them. Also, our conduct builds our individual reputations. Our reputations will determine our ability to be effective advocates in future cases.

A defense attorney who is always true to her word, is respectful to opposing counsel, and is appropriately zealous in her reputation, but deferential to the tribunal, will be an effective advocate and ambassador for her client. It can be tempting to take the bait when opposing counsel is disrespectful, bullying or abusive, but ultimately it is not effective or helpful to achieving the ultimate objective – the client’s desired outcome.

Unduly aggressive behavior can be a tactic, especially in depositions. Rarely do we see such conduct from our fellow members of the North Carolina bar, but sometimes we see it from out-of-state counsel. Unfortunately, this type of bullying is more often directed at younger attorneys. In a recent deposition, plaintiff’s counsel started mimicking the speech of a younger defense attorney using a baby voice. The same attorney stated that an objection was “clearly made by someone who has never tried a case.” I have found that ignoring this type of behavior is often the best response, but occasionally it is necessary to engage, in a professional manner, to communicate that bullying will not work – to stand up to the bully. This is especially true when the bullying is directed at the client or witness, who needs to feel protected. Most often, however, ignoring the bully works best.

There are some defense attorneys who treat every case as if it is an outrage, and all plaintiffs’ counsel as the enemy. I have not found that approach to be effective. There are cases that are truly tragic to all involved, and plaintiffs who deserve to be treated with compassion. Given that the majority of cases settle, developing a professional working relationship with plaintiffs’ counsel is likely to be helpful to our clients. I received a great piece of advice from the General Counsel of a medical device company. He said that when he was a practicing defense lawyer, if he had a new case with an opposing counsel he did not know well, his first action was to invite opposing counsel to lunch, not to talk about the case, but to get to know each other. I have employed that practice myself, and found that it leads to a respectful, professional relationship that benefits the client whether the case settles or goes to trial.

The second fundamental fact about being a defense attorney is that we usually are responding to allegations rather than formulating them. We begin our representation in a reactive state, responding to allegations and theories that a plaintiff may have spent months or even years formulating. We are playing catch-up from the beginning, as we learn the case and begin formulating our defenses.

The plaintiff’s theory may change and evolve as the record is developed. A skilled plaintiff’s counsel will abandon claims or theories that are not well-supported by the record, and will develop new theories that may not have been apparent early in the case. I have seen the entire theory of the case change completely as late as opening statement at trial. When that happens, it is difficult to discard witnesses, theories, nice-looking demonstratives and the like on a few moments notice, but that is what we must do. As the plaintiff’s attack changes and becomes more focused and streamlined, so must the defense, as it must meet the attack squarely. We become so invested in our cases that this streamlining process is much harder to do than it seems. Having anticipated every possible angle of attack, it is hard to maintain the discipline to focus only on what is actually presented. Introducing any unnecessary fact, witness, or evidence creates risk of distraction or worse – harming the client’s case.

Even more challenging than streamlining is to anticipate and be proactive throughout the life of the case. We must look for opportunities to take control where possible. Seeking control may be as simple as taking control of the calendar and the discovery scheduling order. It also extends to developing the narrative, however. It is safest to have our clients prepared to volunteer nothing, and reveal as little as possible. At the time of trial, however, we must have a compelling story to tell. If we are merely reacting to plaintiff’s development of the evidence throughout the life of the case, we are not developing a story to tell the jury that will paint our client in a favorable light. There is a delicate balance between making the plaintiff, who has the burden of proof, prove his case, but giving the factfinder some reason to like and understand the defendant.

Having enjoyed the privilege of practicing as a defense attorney in North Carolina for almost 35 years, I have learned everything I know from my partners and colleagues, from counsel for co-defendants, and from many able plaintiffs’ counsel. Small courtesies along the way have meant a great deal. I remember very senior lawyers from my own firm and from other firms, helping me out when I was a young lawyer – driving to remote depositions, conferring regarding strategy, and some off-the-record praise and encouragement from opposing counsel. What it means to me to be a defense counsel today is to pay it back to the best of my ability. I hope to extend a helping hand to younger attorneys so they can learn the tricks of the trade, but more importantly, come to enjoy the spirit of collegiality and professionalism that makes one a truly effective defense attorney.

______________________

Leslie Packer is a past president and 2017 Recipient of the J. Robert Elster Award for Professional Excellence.

ON BEING A DEFENSE ATTORNEY by Ken Kyre

Fri, 20 Nov 2020 14:43:02 GMT

By Ken Kyre

As I approach my 70th year on this earth, I count myself the recipient of good fortune to have been a defense attorney for over four decades. I did not begin my journey on the law path with the expectation of being on the right side of the v. Way back in the 1970s, my friends would have sworn I would end up laboring in the fields of plaintiff’s litigation. (After all, I voted for McGovern for President; me and 127 other people.) However, life has a way of altering paths, and I ended up working for a full-service law firm which had an insurance-defense practice (where my billable rate was the princely amount of $25 an hour – but there was no third-party auditing). Because I wanted to be a trial lawyer, I was able to become steeped in insurance defense. Some older attorneys reminisce that the 1970s was a golden age of an insurance-defense practice. I don’t know how much gold there was (I didn’t see any), but it was a grand time. The business side of a law firm was scarcely a concern, and I and my fellow litigators focused on the pure practice of law, trying more cases in six months than young attorneys nowadays do in five years.

Back in my early days as an attorney, I did not view myself as one who was protecting “the Man,” callously preventing injured plaintiffs from receiving just compensation. Rather, I felt that I was helping and protecting insureds who were real-life people who were confused and concerned about being sued, and defending companies who usually had never been sued before and likely would not be sued again, which were filled with good and earnest employees trying to do their jobs. I have found this to be true throughout my career.

I see being a defense attorney as adding balance to what can be an unbalanced arena, since often we enter it having to confront a sympathetic plaintiff. We have the responsibility, and the privilege, to tell the whole story (especially in today’s world of so-called “reptile” strategies). I have found I have not needed to leave my humanity to defend defendants, and that humanity helps me understand the plaintiff’s perspective and to appreciate what my defense clients are experiencing.

Although throughout my career I have often been involved in “big cases,” I have also defended cases which had only a small amount at risk, and the feeling of satisfaction in helping clients in both kinds of cases, and all in between, reminds me that I play a worthy and necessary part in the litigation world.

Being a defense attorney has also provided me the opportunity for my mind to usually be challenged and stimulated. And in representing defendants and litigating lawsuits, I have found myself being a detective, a private investigator, a psychologist, a sociologist, a therapist, an explorer, an academic, an actor (with the courtroom the stage), and much more. This has not been a boring career.

A happy benefit of being a defense attorney in North Carolina has been working with such a huge group of outstanding defense attorneys, who not only are great at their work as trial lawyers, but who are exceptional human beings.

The way defense attorneys practice their craft has changed over the years; no longer do I wander through libraries with actual bound volumes, flipping through pages of a case reporter, feeling the paper between my fingers. (My fingers now spend their day walking over a keyboard.) And I don’t miss looking for a phone booth driving down the road to a deposition or courtroom (thank you, cell phone). The technological advances have been staggering, and it has allowed defense counsel to be more informed, undertake better legal research, to be more accessible to fellow attorneys and to clients, and to be more productive. But some basic aspects of being a defense attorney have not changed: Dedication to the client, seeking to help that client, a desire to be more than just competent, being civil to and respectful of all attorneys, litigants, and others, being vigilant, being creative, and being ethical and honest.

I have been so fortunate to have been a defense attorney for so long, and I’m glad that it hasn’t gotten old, or boring, or tiresome. I believe I, and all defense counsel, serve an important role in our society and the legal system, and we aid in the never-ending search for justice. That is something we all can be proud of.

I end with this wish: May you never lose passion for the law, or for life.

_________________

Ken Kyre, Jr. is a past president and 2018 Recipient of the J. Robert Elster Award for Professional Excellence.

What It Means to be a Defense Attorney--Gray Wilson

Thu, 29 Oct 2020 15:28:24 GMT

By G. Gray Wilson

Several years ago I wrote an article for the State Bar Journal entitled, “A Jury of Psychopaths.” Not everything I write gets published, and this was one of them. I recall that at least one editorial pundit questioned the statistical validity of the concept of rogue juries, while after four decades and hundreds of jury trials, I just assumed that everyone knew that juries are generally crazy. That did not mean that they never reached the correct result in a case (meaning I won), but only that on occasion the wheels came off and someone unfairly, unjustly got clobbered (i.e., I lost). Holding these truths to be self-evident, as I do, then why would anyone ever take up the banner and march off to war in a courthouse packed with madmen and fools?

I think the answer is, because many times we not only see those unjustly accused of wrongdoing, but accusers whose motives and claims are less than honorable, fomented primarily by that lust for the Spanish peso ($). I recall the plaintiff many years ago who filed a pro se lawsuit claiming that a physician had ripped out her tongue, which made a ghastly impression on me until she showed up in court on a threshold motion and gave me and the court a tongue-lashing quelled only by a summary dismissal. Or the young woman (and this one actually had a lawyer representing her) who sued her doctor over unsatisfactory cosmetic surgery which her complaint flatly stated had left her “ugly” and misshaped (conjuring up “The Swarm” alternative rock band from Down Under). So it came as a surprise when we scheduled her deposition and Venus Aphrodite walked into the conference room to be examined. That one also bit the dust.

But then there were the occasions when a plaintiff filed suit and I determined objectively that not only had the defendant been negligent to a fault, but that the injuries in the case were also horrific. That objectivity often placed me at odds with the client, more often with the carrier (and cost me one or two in my humdrum career, not to mention a few verdicts), yet what bothered me more was that opposing counsel seemed not to share my genuine anguish but rather regarded the client as a meal ticket, nothing more.

I carried this proclivity to view all such legal conflicts from a Manichaean perspective into the minority of cases where I represented plaintiffs, but over time found that I could keep my head screwed on straight by taking the side of the defense, functioning more as solon than fanatic. This may explain why, during the first half of my legal career, most of my trials occurred because I either refused to settle out of spite or simply lacked the skill to realize that I ought to do so for the benefit of the client. Once I figured this out, I suddenly realized that nearly every time thereafter that I was trying a case, it was because I was forced to do so by an unreasonable opponent or a myopic party, on one side or the other.

Admittedly, there is a tactical advantage to sitting on the defense side of a case. In the military, I learned even as a reluctant guest that the defense has a three-to-one margin over the attacking horde, for a number of reasons, ranging from concentration of force, fields of fire, higher ground, fortresses, etc. The same holds in litigation, for different reasons. A plaintiff has the burden of proof, the defense is usually better financed (you will not see many lawyers defend a case on a contingency fee = pro bono), and the rules of procedure and evidence provide a number of strategic barriers to recovery. And call me crazy, but juries in this state are still generally conservative (this does hold in a number of counties) for the most part. But none of that has stemmed the tide of lawsuits or reduced the number of outlandish claims in our society that many like to regard as progressive.

No one can deny that we live in a litigious society, where every perceived wrong (e.g., the tryout who did not make the cheerleading squad in high school, or the politician offended by the opponent who called him a “halibut”) is arguably fodder for a lawsuit. Then there are also those suits asserting claims that are either outright false, fraudulent or advanced for an unethical purpose. Political and other agendas are not the province of the courts, which is why we have those other two branches of government that are even more flawed than the judicial apparatus. But when frivolous claims proliferate, genuine grievances can get lost in the shuffle, making judges jaded about everything that appears on the Monday morning docket or hesitant to boot any suit, no matter how baseless. The main casualty is justice. A responsible defense bar can assist the courts, mediators, parties, carriers and sometimes even opposing counsel with the daunting challenge of fairly and objectively evaluating claims, on the allegations and the evidence, so that this highly imperfect system works better than whatever Premier Xi or President Assad has to offer. If all else fails, then the worst of all these options is attempting to persuade a jury of questionable talent and virtue where the truth lies.

Mind you, I will jump at a good plaintiff’s business dispute or personal injury case at every opportunity, but as with the defense of every lawsuit, it is not about the sound and fury, which really do signify nothing, but what really happened. The judicial system is so structured as to impress all litigators into the role of being poor players who fret and strut their hour upon the stage and then are heard no more (apologies to Shakespeare), yet it more closely resembles reality TV, not Perry Mason, in the final analysis. So while the adversary system by necessary design becomes part of the problem, defense lawyers can be part of the solution, guiding every dispute along the road, if not to redemption, to a fair resolution for all concerned. And when that cannot happen, lock-and-load, it’s off to war.

______________________

Gray Wilson is the 2019 Recipient of the J. Robert Elster Award for Professional Excellence.

In Memoriam: J. Donald Cowan, Jr.

Lynette Pitt — Mon, 08 Apr 2019 17:59:30 GMT

In Memoriam: J. Donald Cowan, Jr.
1943-2019

It is with great sadness to share that fellow NCADA member and trial lawyer Don Cowan passed away on April 1st. Don joined the NCADA as a Charter member in 1977 and delivered his first the Recent Case Law Update to the membership at the 1979 NCADA Annual Meeting. In 1982, Don began presenting the Case Law Update twice annually at both the Annual and Fall Meetings - a tradition that the firm, Ellis & Winters, continues today.

Cowan was a graduate of Wake Forest University and the Wake Forest School of Law. He began his civil litigation career in 1973 following service in the U.S. Army Office of Staff Judge Advocate General Corps. A true leader in the law, Don was a Fellow, Regent, and Secretary of the American College of Trial Lawyers, and a former member of the ABA House of Delegates. He was a past president of the North Carolina Bar Association and Legal Services of North Carolina (now Legal Aid of NC). He served on the NCADA's Board of Directors from 1987 to 1990, and was presented the J. Robert Elster Award for Professional Excellence in 2007.

A memorial service will be held at 11 a.m. on Saturday, April 13th, at Christ Church on Edenton Street in Raleigh. For more information, please visit the complete obituary.

Please share your memories of Don with us by posting your comments here.

Why I'm a Member of the NCADA

Thu, 31 Jan 2019 15:06:38 GMT

By Allen C. Smith, Partner
Hedrick Gardner Kincheloe & Garofalo, LLP

If you practice civil litigation on the defense side in NorthCarolina, there is no better organization for you to join than the North Carolina Association of Defense Attorneys. Not a single one!

I have been a member for 25 years, and I have found my membership to be invaluable. The membership has allowed me to forge friendships with attorneys across the state (and of different levels of experience!), meet members of the bench from across the state, and participate in unsurpassed continuing education programs. Speaking of programs, the Annual Meeting is a great place to meet fellow defense attorneys, renew relationships, and share common experiences in a relaxed atmosphere (cheers!) in addition to experiencing excellent education opportunities. Every year, the Annual Meeting reinvigorates my commitment to practice law as I enter the summer.

Most of my practice is in the western half of the state, with a large portion in Mecklenburg and the surrounding counties. However, from time to time, I have cases in the Triad, Raleigh, “Down East,” Asheville, and other counties in the mountains. When I have a question about a judge, an opposing attorney, a mediator, or a local rule, I call one of the attorneys in the area with whom I have formed a friendship. Likewise, I am always happy to answer questions when a fellow NCADA member calls me with questions about Mecklenburg or surrounding counties. (Quite often, I even share accurate information!)

I have built these relationships over the years, and many are long-standing. Developing these relationships creates trust with other defense attorneys, something essential when working with multiple defense attorneys in a case.

In sum, my involvement in the NCADA is critical to my ability to serve as a defense attorney in North Carolina.

Share your reasons for being an NCADA member
and invite a colleague to join today!

NCADA Members Often Elected to Top Post at NC State Bar

Tue, 04 Dec 2018 15:44:53 GMT

In the November edition of The Resource, we noted that 13 past or current members of the NCADA have served as president of the NC State Bar.

But, as a few of you noted, we were wrong! The actual number of members who have served as president of the Bar is 15. Way to go, NCADA Members!

G. Gray Wilson	2018-2019
Ronald L. Gibson	2014-2015
Ronald G. Baker, Sr.	2013-2014	NCADA Past President
M. Keith Kapp	2012-2013
Bonnie B. Weyher	2009-2010
Irvin W. Hankins, III	2007-2008
James K. Dorsett, III	2002-2003
E. Fitzgerald Parnell, III	2001-2002
W. Ervin Spainhour	1996-1997
Robert A. Wicker	1992-1993
William K. Davis	1986-1987	Founding Member & 1st President of NCADA
Roy W. Davis, Jr.	1985-1986
Grady B. Stott	1978-1979	Charter member of NCADA
C. Woodrow Teague	1977-1978	Charter member of NCADA
Armistead J. Maupin	1959-1960	Charter member of NCADA

Firmly Connected Thru Family

Lynette Pitt — Wed, 28 Mar 2012 20:30:00 GMT

Firmly Connected Thru Family: The Hornthals Expand Their Family and Their Tradition of Excellence in Practice

By Ben Gallop

North Carolina has a long tradition of small to medium sized firms that have built their practice providing a defense to those in need. Many of these firms have close ties to one another through relationships that have developed over many years and generations. Two such firms are Hornthal, Riley, Ellis & Maland, LLP, which has three offices in northeastern North Carolina and Roberts & Stevens, P.A., which is based in Asheville. Despite their juxtaposition at opposite corners of the State, there have long been both professional and personal connections between the two firms. Both firms have family histories, and recently, their firm families have been connected by marriage.

L P. “Tony” Hornthal and Jack Stevens met in law school during the early 1960’s and over the years became close friends. They served together for many years on the board of directors of Lawyers Mutual, and Tony succeeded Jack as President of the North Carolina Bar Association in 1996. Tony cannot think of a “closer friend in the world” than Jack and sincerely appreciates Jack’s “adoption” of his youngest son when Lang Hornthal located his business, Appalachian Designs, to Asheville in the mid-1990’s. Tony and Jack and their wives, Harriett and Cissie, have spent many vacations together and have often traveled abroad with each other. Jack’s longtime partner, Jim Williams, notes that “Our mountain to the sea connection, created by Tony and Jack’s great friendship, has endured for generations.”

Tony and his namesake, Phillip, practice together in Elizabeth City and have a long history of defending insurance matters and other complex litigation. Tony joined the predecessor to Hornthal, Riley’s insurance defense practice in 1965 and has never looked back. Phil started his carrier with the law firm of Cranfil1, Sumner, and Hartzog in Raleigh where he learned the ins and outs and fast pace of insurance defense work. In 1999, Phil moved home to Elizabeth City to settle down with his family and began working with Hornthal, Riley.

Jack and his son Wyatt practice together in Asheville. Coincidently, Wyatt and Lang Hornthal were classmates together at UNC Chapel Hill, graduating together in 1991 and becoming even closer friends when Lang relocated to Asheville. While socializing with Wyatt and other members of the firm on a Friday afternoon in 2006, Lang met a recently hired associate, Ann-Patton Nelson. Nelson hailed from Alabama and was the daughter of a prominent lawyer, Pat Nelson of Jasper, Alabama. She joined Roberts & Stevens in 2006 after graduating magna cum laude from Mercer University Law School. According to Wyatt, he “did not set them up, but the next thing he knew, they were dating!” Ann-Patton Hornthal was soon married to Lang, and Wyatt, of course, served as a groomsman in their wedding and is the godfather of their son, Ashe.

While presenting Tony with the North Carolina State Bar’s highest service award, the John B. McMillan Distinguished Service Award, Ron Baker, the current Vice President of the State Bar and an exceptional defense attorney is his own right, stated that after many years of practice he has “found Tony to be one of the finest lawyers he has dealt with in all of North Carolina.” Everett Thompson, a prominent Elizabeth City plaintiff’s attorney, also holds Tony and Phil in high regard. Like Baker, Thompson has practiced with and against Tony his whole career. He says, "Tony is a lawyers’ lawyer. He likes the law. He loves the law. He's a guy you can call up any time and get advice and direction from. He likes the give and take of the practice of law. Phillip's the same way. They are good folks to have down the street. Really add a lot to our bar." Following a recent oral-argument at the Court of Appeals, a lawyer in the audience commented to me about Tony’s exceptional “old school” style argument. Tony accepted the compliment and reminded me that “old school” is all he knows. His first argument to an appellate court was to the North Carolina Supreme Court in September of 1964, in a criminal case on behalf of the Attorney General’s Office shortly after his tenure as a law clerk for Supreme Court Justice William B. Rodman. He won that appeal. The opposing lawyer became his mentor and long time partner, Dewey Wells.

Phil and Ann-Patton have carried a tradition of excellence to the next generation while garnering significant case wins and accolades along the way. Phillip’s practice encompasses a variety of civil litigation: construction; insurance defense; personal injury; condemnation; commercial; real estate; and contract disputes. He is a member of Christ Episcopal Church in Elizabeth City, where he has served on the Vestry and as its Senior Warden, teaches Sunday School and sponsors the Acolytes; and has served as both a member and President of the Elizabeth City Rotary Club, President of the Elizabeth City Boys and Girls Club; and as President of Arts of the Albemarle, for which he was Co-Chair of its successful $3.2 million dollar fundraising campaign to renovate and build The Center – the current home of the Arts of the Albemarle located in the historical Lowry-Chesson Building in downtown Elizabeth City. Phil, his wife Kristy and their three children: L.P, Ellie, and James live within walking distance of Tony and Harriett. When not at the office together, the close proximity sometimes allows Tony to mentor Phil in the best ways to lose a game of tennis to one’s father.

Wyatt works closely with Ann-Patton and has watched her practice grow dramatically in recent years. According to Wyatt, “Ann-Patton is one of the best appellate lawyers in Western North Carolina and one of the nicest people you would ever want to know.” Ann-Patton fell in love with the area while spending her summers working at the Nantahala Outdoor Center during college and was eager to return and begin practicing law. Ann-Patton’s practice consists of defending clients in a variety of complex litigation matters, including professional and medical malpractice, personal injury, products liability, business torts, and appeals. Her peers have honored her as a North Carolina Super Lawyer Rising Star in both 2011 and 2012 in the area of Civil Litigation Defense. Ann-Patton serves on the Board of Directors for Pisgah Legal Services and she and Lang are active members of Trinity Episcopal Church in Asheville.

With such an enthusiastic group of lawyers in the family, it should be no surprise that the joy of the practice of law permeates family gatherings. “When our family gets together, I never fail to take advantage of the opportunity to pick Tony or Phil's brain about a case or talk shop,” says Ann-Patton, “I am so fortunate to be able to call them family and to follow in their footsteps.” Tony not only provides experience to these discussions, but greatly enjoys seeing Phil and Ann-Patton develop their practices. He says, "Its just such a hoot for me to be able to sit down and chew the fat about what they’re doing. It knocks me out to realize how smart both of them are, how well they understand their cases and the matters of real importance they are working on. To listen to them problem solving; that’s fun to do with lawyer to lawyer relationships, but getting to do it with your family is a special situation and occasionally gives rise to a real ‘Aha’ moment for me."

Phil has learned a great deal from his father over the years, but most importantly he learned, that “there is never any substitute for being more prepared than the other side, and that how we treat people, whether it's the other lawyer, the other party, the witness, judge, staff, court personnel, matters more than anything.” Tony also passed down to Phil some great advice from the late and great U.S. District Judge Franklin T. Dupree, Jr. about not taking litigation results too personally. As Judge Dupree once reminded Tony, “these are not our problems. They are our client's problems.” This concept has helped both Tony and Phil separate the intense nature of litigation from their personal thoughts and has allowed them to successfully manage both wins and losses in litigation over the years.

The connection between the firms of Hornthal, Riley and Roberts & Stevens started with a friendship and professional connections. Those relationships have never wavered and have been strengthened by the close familial ties between the firms. The future holds a lot of potential for the members of these firm families, and there’s no doubt that Tony and Jack’s tradition of excellence service to clients and the bar will continue for years to come with Ann-Patton and Phil.

This profile originally printed March 2012.

The Life of a Trial Lawyer – Lessons Learned

Lynette Pitt — Thu, 23 Feb 2012 19:00:00 GMT

The Life of a Trial Lawyer – Lessons Learned:
A Profile of James D. Blount, Jr.

By Toby Coleman

In his 60 years of practice, James D. Blount, Jr. has earned a reputation as a formidable trial attorney. A partner in the Raleigh firm Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Blount is one of the senior lions of the defense bar. He has been inducted into the North Carolina Bar Association General Practice Hall of Fame. A charter member of the NCADA, Blount received the NCADA’s Award for Professional Excellence in 2005. In 2008, he received a lifetime achievement award from the Eastern North Carolina Chapter of the American Board of Trial Advocates.

Blount remains in active practice. He has taken on a senior role at Smith Anderson, where he continues to practice in the firm’s medical malpractice group. The experience and knowledge he has gained during his career as a trial lawyer and a litigator—he has served as lead counsel in more than 300 civil jury trials—continues to be sought after by his partners, many of whom count him as a key mentor.

As esteemed as Blount is for what he has done in the courtroom, Blount is best known for how he went about it. Over the years, the Wilson native developed a reputation for being scrupulously civil, if not downright polite. His persistent professionalism made him a leader in the trial bar and the North Carolina Bar Association. Blount said it also helped him be a more effective advocate.

A trial lawyer, he says, “does not have to be obstreperous.” He firmly believes that it is more pleasant, more fun, and more productive when parties and counsel conduct themselves in a civil, professional matter.

It’s one of the many lessons that Blount, 85, has learned during his legal career. Over his career, Blount has watched the legal profession change in innumerable ways. Technology has completely changed the law office. The “billable hour” has fundamentally altered the way law firms like Smith Anderson operate. And, Blount says, the professionalism and courtesy that should be hard-wired into legal professionals has eroded.

Ever the teacher, Blount continues to try to pass along what he’s learned to his colleagues and friends. Here are a few of the lessons learned from Blount’s stellar career in the law:

LESSON 1: FIND OPPORTUNITIES IN THE UNEXPECTED

Blount loves being a trial lawyer and a litigator, and still pines to be in the courtroom preparing for trial. As much as Blount loves being what he calls a “real lawyer,” he came very close in his 40s to focusing his practice on corporate law and tax matters.

Blount was pulled into a full-time trial practice by tragedy. On Saturday, December 4, 1971, one of Blount’s partners, Willis Smith Jr., was killed in a plane crash at the Raleigh-Durham Airport. Blount inherited 144 of Smith’s cases.

“I went out of the office on a Friday afternoon and came back on a Monday morning with 144 cases I had never seen before,” Blount said.

From that moment on, Blount was a trial lawyer. “It changed my life completely,” he said.

The task of getting to know 144 cases all at once was potentially overwhelming. Rather than get dragged down by the work, Blount seized the opportunity both for himself and the firm. He immersed himself in the cases, carrying files with him everywhere. He gave up golf because he no longer had time for it.

“It took a while to work out, but out of it came a lot of good,” Blount said. “It made all of us much better lawyers much more quickly.”

In the process, Blount not only cemented himself as a trial lawyer, he also showed himself to be a steady leader.

“He has been a role model for people,” said Sammy Thompson, a partner of Blount’s who counts Blount as a mentor. “His adversaries respect him, his clients love him, judges admire him and juries follow him.”

As a trial lawyer, Blount has learned to greet the unexpected with confidence and humor. Because you never know what is going to happen next.

Decades ago, Blount was defending a car accident case that had gone to the jury. As they waited, Blount and the plaintiff’s counsel tried to negotiate a settlement. In the middle of the negotiations, the jury sent a note to the judge with a question: Could they award the plaintiff more that what he had asked for? The plaintiff, convinced he was about to get the verdict he wanted, cut off settlement talks and waited for the jury to return. When the jury did come back, though, it delivered a defense verdict. The judge was surprised. The plaintiff was shocked. Blount was stunned.

But what about the note? As it turned out, the jurors had never intended to award damages to the plaintiff. Their question had been a hypothetical one, borne of curiosity about the limits of their authority.

LESSON 2: MAKE CIVILITY A PART OF YOUR PRACTICE

Four decades later, Blount still remembers the courtesies that plaintiffs’ counsel extended him when he inherited those 144 cases from Willis Smith. By his count, every single plaintiff’s attorney except for one agreed to grant him the extra time he needed to become familiar with each case.

He is not so sure that his colleagues in the plaintiff’s bar would extend him the same courtesies today. “I think professionalism has gone downhill,” he said. “The attitude of plaintiffs’ lawyers and some defense lawyers is that they think they have to be obstreperous or obnoxious to be a good advocate—and you don’t have to be.”

Blount is a living example that successful trial lawyers can also be civil. Blount gained a reputation as one of the best defense-side trial lawyers in the state. And he did so while employing a strategy of common respect. Blount had a way of objecting without being objectionable. Plaintiff’s attorneys have said that Blount could “nice you into a state of paralysis” and “nice you to death.”

Blount first learned his velvet-gloved approach to competition from his high school football coach, who taught him to hit his opponents hard and then help them up. As he spent more time in the courtroom, he learned that civility also carried certain advantages with a jury.

“The easiest way to lose a case is to get angry and lose your perspective about what you’re doing,” he said in a 2001 interview. “I think that if the jury feels that the lawyer is being obstreperous for the sake of being obstreperous, they’re going to react to that.”

Of course, there are some aspects of Blount’s approach that are probably more innate than cultivated. It can be tough, for instance, for other practitioners to adopt Blount’s consistent willingness to try to like all the lawyers he works with and against.

“The worst thing I’ve heard him say about another lawyer is, ‘That fellow is hard to like,’” said Thompson.

LESSON 3: KNOW WHAT YOU NEED

Blount began practicing law in 1952, and therefore spent years trying cases without any discovery. The experience taught him to try cases by the seat of his pants. It also informs his strong belief that most successful litigators are those who know what they need, and tailor their discovery requests accordingly.

Blount says that litigators should learn to focus on details necessary to go to trial, and avoid the blanket discovery requests that end up requiring parties to focus “on a lot of irrelevant material they do not need.” Having the discipline to focus on what you need to prevail, Blount said, can be the difference between a positive outcome and a negative outcome at trial.

“I’ve seen more cases lost by poor, lengthy, uncontrolled cross examination than too little examination,” Blount said.

LESSON 4: LIKE WHAT YOU DO, AND DO WHAT YOU LIKE

It is no accident that Blount is still coming to work every day, long after many of his contemporaries have retired their shingle. Blount enjoys being a lawyer and coming into the office.

“I don’t remember a single day in my practice where I haven’t looked forward to coming into the office each day,” he said, smiling. “There might have been some, but I don’t remember them.”

And so on most weekdays, Blount puts on a suit and goes to his office on the 26th floor of Raleigh’s Wells Fargo Capitol Center. It’s there he gets to have “fun”—he sees people he enjoys, keeps up with developments in the world of medical malpractice, and gets to keep a finger on the pulse of the legal community of Raleigh and the state. He misses the trial work, but coming into the office “beats staying at home.”

He expresses concern about those who cannot understand why he keeps on working. “People say I don’t want to be doing what you’re doing at your age, and that bothers me,” he said, “because you burn out when you do things you don’t enjoy. You don’t burn out doing things you enjoy.”

This article originally printed February 2012

Firm Marks 100th Anniversary

Lynette Pitt — Mon, 30 Jan 2012 15:39:01 GMT

The Battle Winslow Scott & Wiley, P.A. law firm of Rocky Mount celebrated 100 years of service in October 2011. Kemp Battle and Frank Winslow founded the firm in 1911 strongly committed to excellence in the legal profession and the highest level of community service. There are currently 16 attorneys in the full-service firm who look forward to providing another 100 years of legal and community service.

Of the 16 attorneys, five are current members of the NCADA: Greg Crumpler, Marshall Gallop, Katherine Fisher, Dee Whitley and Sam Woodley. Brian Scott, Of Counsel with the firm, is a charter member of the NCADA which was founded in 1977.

Sam Woodley served as president of the NCADA from 1997-1998 and was awarded the J. Robert Elster Award for Professional Excellence in 2009.

Learn more about this firm’s rich history in North Carolina here:

“Firm Marks 100th Anniversary”, The Rocky Mount Telegram