NC Association of Defense Attorneys News

Step Into Leadership: NCADA Board and Practice Group Nominations Now Open

Lynette Pitt — Tue, 31 Mar 2026 14:55:29 GMT

Nominations Open for NCADA Leadership

The North Carolina Association of Defense Attorneys is now accepting nominations for five positions on the NCADA Board of Directors, each serving a three-year term beginning at the close of the 2026 Annual Meeting and ending at the close of the 2028 Annual Meeting.

Board Member Responsibilities

Regular attendance and participation at quarterly Board meetings.
Supporting membership recruitment and retention efforts.
Contributing to NCADA programs and services.
Authoring or securing contributions to The Resource and other Association publications, as needed.

Qualifications for Nominees

Member in good standing with the North Carolina State Bar.
Member in good standing with the North Carolina Association of Defense Attorneys.
Demonstrated commitment to NCADA through regular attendance at the Annual Meeting and other programs and activities.

Practice Group Leadership Opportunities

Leadership opportunities are also available within NCADA’s practice groups for members interested in helping guide educational programming and member engagement. Members committed to the continued growth and relevance of NCADA through its practice groups are encouraged to be considered for these roles.

Nomination Submission Requirements

Please include the following with each nomination:

Member name, firm, contact information, and a brief biographical sketch.
Brief statement from the nominee regarding availability and commitment to actively serve as a Board member or practice group leader.
Brief statement explaining why the nominee wishes to serve in this leadership capacity.

Nominations may be submitted by email to the Nominating Committee in care of Executive Director Lynette Pitt at lynettepitt@ncada.org and must be received no later than Monday, April 20, 2026, at 5 p.m.

Nominations Open for NCADA’s 2026 Professionalism Awards

Lynette Pitt — Tue, 03 Mar 2026 20:23:03 GMT

The North Carolina Association of Defense Attorneys (NCADA) is now accepting nominations for the 2026 J. Robert Elster Award for Professional Excellence and the 2026 Award for Excellence in Trial Advocacy. Celebrate and honor a colleague, mentor, or peer you admire by submitting a nomination for one of these awards recognizing excellence.

Both current and former members of the NCADA are eligible to be considered for these honors. Recipients will be recognized during the NCADA 2026 Annual Meeting, scheduled for the weekend of June 11–14 in Asheville.

To submit a nomination, review the award criteria and guidelines here for each award. Letters of nomination should be addressed to Gary Parsons, Chair of the Awards Committee, and emailed to Lynette Pitt, Executive Director of NCADA.

Submit your nomination by Friday, April 10, 2026.

New Framework for AI Use in Legal Proceedings Announced

Lynette Pitt — Mon, 05 Jan 2026 19:30:00 GMT

Judge Marty McGee, Senior Resident Superior Court Judge of the 25th Judicial District, has issued a new administrative order establishing guidelines for the use of artificial intelligence (AI) in litigation and court proceedings. The order provides a technology-neutral framework to align AI applications with key legal standards, including advocacy, evidence, disclosure obligations, and professional responsibilities.

This initiative reflects ongoing work through Duke Law’s Responsible AI in Legal Services (RAILS) program. A one-page quick reference guide has been provided to assist legal professionals in understanding the order. Feedback and suggestions regarding the order are welcomed.

Relevant Links:

NCADA's 48th Meeting Spotlights Legal Leaders

Lynette Pitt — Fri, 20 Jun 2025 19:40:53 GMT

The North Carolina Association of Defense Attorneys (NCADA) honored two esteemed trial attorneys during its 48th Annual Meeting held in Wilmington. Robert "Bob" Sumner received the J. Robert Elster Award for Professional Excellence, and Jonathan A. Berkelhammer was presented with the Award for Excellence in Trial Advocacy.

Bob Sumner, a founding member and Partner Emeritus at Cranfill Sumner, is celebrated for embodying the highest standards of professionalism, integrity, and ethics—criteria central to the J. Robert Elster Award. Dan Hartzog, a former law partner and long-time friend, praised Sumner’s unwavering excellence and courteous demeanor. Sumner, reflecting on his approach to the profession, emphasized the importance of respect and congeniality in legal relationships.

Sumner, who launched his civil defense trial practice after graduating from Wake Forest University School of Law, has tried over 100 jury trials. His commitment extends beyond the courtroom through leadership roles within the North Carolina Bar Association, the Wake County Bar Association, and as an active founding member of NCADA until his retirement.

Jonathan A. Berkelhammer, is this year's recipient of the Award for Excellence in Trial Advocacy. Berkelhammer, a partner at Ellis & Winters LLP, stands out for his exceptional advocacy skills in handling complex product liability cases across state and federal courts. Recognized by his colleague Leslie Packer, Berkelhammer is noted for his diligence, in-depth knowledge, and impactful courtroom presence. Besides leading a successful litigation practice, he continues to actively contributes to the NCADA after serving as President in 2014-2015. Additionally, he is active in various national legal associations including DRI, IADC, and PLAC.

The NCADA's annual awards underline the notable contributions of its members to the legal realm and the community at large. Congratulations to both Robert “Bob” Sumner and Jonathan A. Berkelhammer for their distinguished achievements and enriching impact on the legal profession.

New Leadership Elected at NCADA's 48th Annual Meeting

Lynette Pitt — Tue, 17 Jun 2025 19:12:52 GMT

The North Carolina Association of Defense Attorneys (NCADA) is pleased to announce the election of its new leadership at its 48th Annual Meeting held June 12-15, 2025 in Wilmington, North Carolina.

George Simpson, IV, founder of Simpson Law, PLLC in Raleigh, has been inducted as President for the 2025-2026 year. Simpson, a UNC and UNC Law School alumnus, has a broad litigation practice representing clients in a wide array of matters including insurance coverage disputes, insurance defense, business disputes, regulatory compliance matters, and subrogation claims.

Erin McNeil Young has been confirmed as President-Elect. Young is Senior Litigation for Extended Stay America and is based in Charlotte. Prior to going in-house, Erin was in private practice following her graduation from UNC School of Law.

JD Keister transitions to Immediate Past President. Keister, with his practice at McAngus Goudelock & Courie, LLP in Raleigh, specializes in civil and complex litigation including construction and insurance defense. He graduated from Ohio Northern University Pettit College of Law.

Daniel M. Nunn has been elected Executive Vice President. A partner at Caudle & Spears, P.A., his work includes construction defects and insurance defense litigation. Nunn is a University of Miami School of Law graduate.

Scottie Forbes Lee is the new Treasurer, previously serving a three-year term on the Board of Directors. A partner with Ellis & Winters LLP based in Greensboro focusing her practice on complex litigation, antitrust, and appeals.

Nicole B. Slaughter continues as Secretary. Slaughter is Of Counsel with Gordon Rees Scully Mansukhani practicing in the firm’s Raleigh office focusing her practice on commercial law, construction law, and product liability. She earned her J.D., cum laude, from the University of Tennessee School of Law.

The NCADA welcomes new Board members for a 3-year term until 2028:

Allison Becker, Gordon Rees Scully Mansukhani, Raleigh
Bruce Daughtry, Hedrick Gardner Kincheloe & Garofalo, Wilmington
John Kubis, Jr., Teague Campbell, Asheville
John Nunnally, Ragsdale Liggett, Raleigh
Jilliann Tate, Davis & Hamrick, Winston-Salem

These elections reflect NCADA's commitment to fostering expertise and networking among the North Carolina civil trial bar representing the interests of business, industry, insurance companies and individuals.

President's Message: Year in Review

Lynette Pitt — Mon, 26 May 2025 01:30:00 GMT

J.D. Keister, President (2024-2025)
McAngus Goudelock & Courie, LLC

I hope to see you at our upcoming Annual Meeting in just a few weeks. We’re looking forward to hosting the meeting in Wilmington again. With unmatched professional development programming tailored to build skills and meet your practice needs, you will not want to miss attending. Join us June 12-15 to learn and network with peers and colleagues from across North Carolina.

The Annual Meeting is also when the NCADA transitions to new leadership. As I shared in my note when taking office last June, I attended my first Annual Meeting over 20 years ago and was encouraged by firm mentors to get involved in the NCADA. In an era where retention and young lawyer development is such a challenge for our member firms, NCADA is an excellent opportunity for firms to invest in younger lawyers in a similar fashion. I encourage younger members to attend, participate, and get involved! There is not a better way to learn or get connected within the civil defense bar. Go to member socials and events. Write articles. Be on a committee.

Major challenges impacting our firms and practices include generative AI into the practice of law, exploding verdicts, and the training and retention of talent. NCADA is working on programming and resources to support members and firms in these areas to include training newer and mid-level attorneys in essential and advanced litigation skills, information resources on AI and programming at our CLE offerings, and appointing a committee to explore strategies and training for defense attorneys on nuclear verdicts. You are invited to share your knowledge and expertise to volunteer to be involved. Contact me if interested.

Your Association is recognized statewide and nationally with working relationships with the NC Chamber, DRI, the DRI Center for Public Policy and Lawyers for Civil Justice working collaboratively on a tweak to Rule 702 at the General Assembly to align with the federal rule. Our Amicus presence continues to grow and we are fortunate to have an Amicus Committee led by Duane Jones, Steven Bader, and Jeff Kuykendal vetting cases of relevance.

The state of the Association remains steady and stable. Our membership numbers are consistent, yet we encourage you to invite colleagues and peers to join us. We are fortunate to have strong support from our Litigation Support Partners, and we also encourage you to take advantage of their expertise and services.

Many in Western North Carolina are still dealing with the impact from Hurricane Helene last September. We applaud the many contributions of our members and firms in supporting recovery efforts. That same day we held our annual Fall Seminar in Cary and despite the storm had good attendance and an excellent CLE program. This year, we have scheduled the Fall Seminar a few weeks later in October and will consider moving to late October to early November which was the timing in our early years.

Finally, speaking of our early years, NCADA’s 50th Anniversary is in 2 years and will be celebrating this milestone in 2027. Today’s NCADA is THE organization for those of us on the defense side of the “V.” it is an organization where people can connect, where members can learn, and where knowledge can be passed from trial and industry legends to the next generation. What does the next 50 years look like to you? Let us know.

Nominations Accepted for 2025 Leadership Positions

Lynette Pitt — Thu, 27 Feb 2025 21:25:34 GMT

Nominations Accepted for NCADA Board of Directors & Practice Group Leadership

The terms of five current members of the NCADA Board of Directors will expire in June 2025. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2025 Annual Meeting through the close of the 2028 Annual Meeting.

Director’s responsibilities include:

Regular attendance and participation at quarterly meetings of the Board.
Membership recruitment and retention.
Contributing and participating in Association programs and services.
Authoring or securing contributions to The Resource
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

Leadership opportunities in the NCADA’s Practice Groups are open for nominations. Members interested in the continued growth and relevance of the NCADA through its practice groups will be considered for leadership positions in the following areas of practice: Construction, Commercial, Employment, General Liability, Government, Medical Malpractice, Product Liability and Workers’ Compensation.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch.

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader.

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lynettepitt@ncada.org.)

Nominations must be received no later than Friday, March 28, 2025, 5 p.m.

Print Version

Recognize a Colleague for an NCADA Professional Award

Lynette Pitt — Wed, 26 Feb 2025 19:34:35 GMT

Recognize a colleague, mentor or peer you hold in high esteem for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy this year.

Present and past members of the NC Association of Defense Attorneys are eligible for consideration as a possible recipient for one of these awards. Recipients will be recognized during the 2025 Annual Meeting during the weekend of June 12-15.

Deadline for submission is Friday, March 28, 2025. Your letter of nomination should be addressed to Gary Parsons, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, by email.

Learn more about the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy and make a nomination today.

A list of Past Recipients may be found here.

In Memoriam: L.P. " Tony" Hornthal, Jr.

Lynette Pitt — Mon, 10 Feb 2025 19:12:17 GMT

L. P. "Tony" Hornthal, Jr.
1936-2025

We extend our deepest condolences to the family and colleagues of L.P. "Tony" Hornthal, Jr., who passed away on Friday, February 7th, in Elizabeth City. Mr. Hornthal was a distinguished trial lawyer whose career spanned several decades practicing at Hornthal, Riley, Ellis & Maland, LLP in Elizabeth City until his retirement in 2019.

Tony was not only a respected figure in the legal field but also a founding member and former president (1984-1985) of the North Carolina Association of Defense Attorneys (NCADA). His professional leadership included service as a president of the North Carolina Bar Association, his role on the Board of Directors for the Lawyers Mutual Insurance Company, and as a Fellow in the American College of Trial Lawyers. His outstanding contributions to the legal profession were acknowledged through several prestigious awards, including the NCADA’s J. Robert Elster Award for Professional Excellence, the NCSB John B. McMillan Distinguished Service Award, and the establishment of an NCBA Justice Fund in his name. A graduate of the University of North Carolina and its School of Law, Tony's legacy in legal profession is profound and enduring.

John Willardson, a fellow NCADA member and past president from Wilkesboro, remarked, "Tony meant so much to the NCADA, to the NCBA, and to our legal profession. He was a gentleman, a great lawyer, and an even better person. Tony was the embodiment of what every lawyer should aspire to be. He will be missed but will live on in our memories and in our hearts."

A memorial service will be held at 11 a.m. on Tuesday, February 11th, at Christ Episcopal Church in Elizabeth City. For further details, please refer to the full obituary.

Related: Firmly Connected Thru Family

Message from NCADA President J.D. Keister

Lynette Pitt — Wed, 16 Oct 2024 16:53:44 GMT

Dear NCADA Friends and Colleagues,

We hope this message finds you safe and well. Our thoughts and deepest sympathies go out to those who have been affected by Hurricane Helene, particularly our members and their families - some of whom are still facing the challenges of being without water, power or access to their home. The impact of this storm on our State has been significant, and our hearts are with everyone who is struggling to rebuild.

As an organization, we are committed to supporting our members and the broader communities during this difficult time. To assist with recovery efforts, the NCADA is making a donation on behalf of our membership to support legal services and other critical needs in the affected areas. We recognize that the aftermath of such a disaster can bring numerous legal needs for those affected, and our aim is to help address those needs wherever we can. To accomplish this, the NCADA is starting with a $5,000 donation that will directly go to assisting the community with legal services.

In addition, we are organizing a day of service where our members will have the opportunity to volunteer their legal expertise to support residents of Western North Carolina. This initiative will focus on providing assistance with legal issues that do not present conflicts of interest for our members or their firms. We hope this effort will bring some relief to those navigating the complex legal matters that arise during recovery. Stay tuned on dates.

We will share more details soon about how you can participate in the day of service and other ways to contribute to our support efforts. Many of our member law firms have been engaged in supply-gathering or performing work in Western North Carolina. To those firms and individuals we say “thank you”.

Thank you for your continued commitment to our community and for demonstrating the resilience and compassion that define our profession.

On behalf of the Board of Directors,

Sincerely,

J.D. Keister
President

NCADA Endorses Judicial Candidates for 2024 Appellate Races

Lynette Pitt — Thu, 19 Sep 2024 19:08:02 GMT

North Carolina Association of Defense Attorneys (NCADA) endorses the following candidates seeking seats on the North Carolina Supreme Court and Court of Appeals:

For Associate Justice of the North Carolina Supreme Court for

Seat 6: Jefferson Griffin for election to the Court.

For Judge of the North Carolina Court of Appeals,

For Seat 12: Carolyn J. Thompson for election to the Court

For Seat 14: Valerie Zachary for re-election to the Court.

For Seat 15: No Endorsement

The NCADA’s Judicial Endorsement Committee made the decision to endorse each judicial candidate based on the following criteria:

Substantial legal experience in and demonstrated understanding of civil litigation and issues recurrent in defense of claims;
A willingness to impartially apply the statutory law and rules as written and the common law, including the application of affirmative defenses, and the granting of dispositive motions when warranted;
A recognition of the legislature's exclusive role to enact statutes and the Court’s role in interpreting existing common law and statutes in a fair, consistent and predictable manner with respect for prior court rulings as compelled by stare decisis;
Exemplifying a high level of independence and integrity in applying the law impartially and in compliance with judicial standards and the Rules of Professional Conduct.

The North Carolina Association of Defense Attorneys is a professional association for lawyers and paralegals defending the interests of individuals and businesses in civil litigation. Current membership stands at over 650 attorneys and paralegals from across the State.

For more information about the NCADA, please contact the Association office at 919-239-4463.

NCADA Celebrates Legal Excellence at Its 47th Annual Meeting in Asheville

Lynette Pitt — Wed, 03 Jul 2024 20:18:07 GMT

The North Carolina Association of Defense Attorneys (NCADA) announced the recipients of its highest honors this year on Friday, June 13th during the 47th Annual Meeting in Asheville. This year, the J. Robert Elster Award for Professional Excellence was awarded to Kent L. Hamrick, and Isaac N. Northup, Jr. was awarded the Award for Excellence in Trial Advocacy.

Kent L. Hamrick, a partner at Davis & Hamrick in Winston-Salem, has long been recognized for his commitment to the highest standards of professionalism, integrity, and ethics. These traits, alongside his contributions to the organized Bar and community, underscored his selection for the J. Robert Elster Award. Lee Davis, his long-time law partner, commended Kent during the award presentation, emphasizing that "Kent is the epitome of professionalism and integrity." With a legal career spanning over thirty years, Kent distinguished himself in various litigation fields, including insurance defense, professional defense, and construction, and has tried over a hundred jury trials to verdicts in North Carolina. Kent has demonstrated unwavering dedication to justice and the legal profession.

Isaac "Ike" N. Northup, Jr. was recognized with the Award for Excellence in Trial Advocacy for his exceptional skills and advocacy for clients in state and federal courtrooms. As a partner at Hall Booth & Smith, with offices in Asheville and Denver, Ike has carved a niche in medical malpractice defense litigation, tackling complex cases involving catastrophic injuries and birth injuries, among others. His colleague, Adam Peoples, praised Ike's ability to engage jurors and create compelling narratives, highlighting his "encyclopedic knowledge of medicine." During Ike's career, spanning over four decades, he has tried in excess of 75 medical malpractice trials to jury verdict and has also tried multiple other cases involving will caveats, theft of trade secrets, arson, fraudulent lending and a host of automobile and general liability cases.

The NCADA's annual awards shine a light on the remarkable achievements of North Carolina's civil defense trial attorneys who not only excel in their profession but also contribute significantly to the development of the legal community and society. The J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy reflect the NCADA's commitment to fostering a culture of excellence and integrity within the legal profession.

Please join us in extending heartfelt congratulations to Kent L. Hamrick and Isaac N. Northup, Jr. for their outstanding achievements and their profound impact on the legal profession and the broader community.

New Officers and Directors Elected at NCADA's 47th Annual Meeting

Lynette Pitt — Thu, 20 Jun 2024 18:25:45 GMT

The North Carolina Association of Defense Attorneys (NCADA) is pleased to announce the election of its new leadership at its 47th Annual Meeting from June 13-16, 2024.

JD Keister has been confirmed as the 47th President of NCADA. Keister, with his practice at McAngus Goudelock & Courie, LLP in Raleigh, specializes in civil and complex litigation including construction and insurance defense. He graduated from Ohio Northern University Pettit College of Law.

George Simpson, IV, founder of Simpson Law, PLLC in Raleigh, steps into the role of President-Elect. Simpson, a UNC and UNC Law School alumnus, chaired the latest annual meeting seminar, focusing on AI in litigation and mental wellness.

Christopher R. Kiger transitions to Immediate Past President after his term. A partner at Smith Anderson, LLP, Kiger's practice focuses on products liability, mass tort, and commercial litigation.

Erin McNeil Young has been elected as Executive Vice President, setting her up for the presidency in 2026-2027. With 23 years of experience, Young currently manages litigation for Extended Stay Americas and is a UNC School of Law graduate.

Daniel M. Nunn continues as Treasurer for his second term. A partner at Caudle & Spears, P.A., his work includes construction defect and insurance defense litigation. Nunn is a University of Miami School of Law graduate.

Nicole B. Slaughter is the new Secretary, previously serving three years on the Board of Directors. A partner at Hamlet Law, her focus is on commercial litigation, construction law, and insurance defense. She earned her J.D., cum laude, from the University of Tennessee School of Law.

The NCADA welcomes new Board members for a 3-year term until 2027:

Ryan Bostic, Cranfill Sumner, Wilmington
Christy Dunn, Young Moore & Henderson, P.A., Raleigh
J.D. McAlister, McAngus Goudelock & Courie, LLP, Charlotte
Adam Peoples, Hall Booth Smith, Asheville
Robert Young, Carruthers & Roth, P.A., Greensboro

These elections reflect NCADA's commitment to fostering expertise and networking among North Carolina's defense attorneys.

About NCADA
The North Carolina Association of Defense Attorneys (NCADA) is a professional organization of over 800 attorneys and paralegals focusing on civil litigation defense. NCADA serves as a resource for civil defense trial attorneys in North Carolina.

For more information, contact (919) 239-4463 or visit www.ncada.org.

-END-

A. Todd Brown, Sr. Nominated to NC Business Court

Lynette Pitt — Tue, 16 Apr 2024 14:00:00 GMT

NCADA is pleased to endorse Todd Brown, Sr. for appointment as a Special Superior Court Judge with designation to the Business Court. Governor Cooper nominated Todd earlier in April, and he has received endorsements from the aligned business community, including the NC Chamber, NC Retail Merchants Association, and NC Homebuilders Association. The nomination was confirmed by the House on April 24 and is now with the Senate. Todd is the current president of the NC State Bar and is a past president of NCADA and Mecklenburg/26th Judicial District Bar.

Recognize a Colleague for an NCADA Professional Award

Lynette Pitt — Wed, 10 Apr 2024 21:09:55 GMT

Recognize a colleague, mentor or peer you hold in high esteem for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy this year.

Deadline for submission is Friday, April 26, 2024. Your letter of nomination should be addressed to Brian Beverly, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, by email.

Learn more about the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy and nominate someone you hold in high esteem.

A list of Past Recipients may be found here.

Judicial Candidates' Forum to be Held Friday, June 14, 2024

Lynette Pitt — Wed, 27 Mar 2024 20:09:52 GMT

The North Carolina Association of Defense Attorneys (“NCADA”) will hold a Judicial Candidates' Forum on Friday, June 14, during the NCADA’s 47^th Annual Meeting in Asheville. The Forum will feature judicial candidates running in statewide elections for seats on the North Carolina Supreme Court and the North Carolina Court of Appeals. The appellate races are statewide races that impact all citizens of North Carolina.

Eight candidates seek election for four open appellate level judicial seats - two candidates for North Carolina Supreme Court and six candidates for North Carolina Court of Appeals. Information about each candidate will made be available on the NCADA’s website at the Judicial Candidates’ Forum page shortly. Additionally, a Special Candidates Issue of The Resource will be available for download.

The Forum gives members of the bar, the business community, and the public a rare opportunity to learn about the candidates who wish to serve the state at the appellate court level. Each candidate will have the opportunity to answer a question germane to the members of the civil trial bar and to briefly discuss his or her qualifications for the position.

The NCADA brings together civil trial attorneys to promote the exchange of information, ideas, and litigation techniques, and to strengthen the practice, improve the skills, and enhance the knowledge of lawyers defending individuals and businesses in North Carolina. For more information about the NCADA or the Judicial Candidates' Forum, please contact the Association office at 919-239-4463 or lynettepitt@ncada.org.

Nominations Accepted for 2024 Leadership Positions

Lynette Pitt — Tue, 26 Mar 2024 12:55:20 GMT

Nominations Accepted for NCADA Board of Directors & Practice Group Leadership

The terms of five current members of the NCADA Board of Directors will expire in June 2024. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2024 Annual Meeting through the close of the 2027 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lynettepitt@ncada.org.)

Nominations must be received no later than Wednesday, April 10, 2024, 5 p.m.

Print document.

Allen Smith Receives Recognition at DRI Annual Meeting

Lynette Pitt — Fri, 27 Oct 2023 16:59:18 GMT

We are thrilled to announce that Allen C. Smith, from Hedrick Gardner Kincheloe & Garofalo LLP, has been awarded the annual DRI Kevin Driskill Outstanding State Representative Award. This award is a testament to his contributions to the civil defense community, and we couldn't be more proud of his achievements.

Each year, DRI, a leading organization for attorneys in the defense bar, recognizes exceptional individuals for their professional achievements and volunteer work. The DRI Kevin Driskill Outstanding State Representative Award is given to those who have made significant contributions as state representatives and have demonstrated outstanding dedication to their roles.

Allen served as president from 2020-2021 and now serves as the state representative for the North Carolina Association of Defense Attorneys (NCADA) to DRI. He has actively supported and perpetuated the mission of both organizations, which is to enhance the skills, effectiveness, and professionalism of defense lawyers.

This award is a well-deserved recognition of Allen's leadership and commitment to the legal profession. Join us in extending our warmest congratulations to Allen for being honored with the DRI Kevin Driskill Outstanding State Representative Award.

Todd Brown Installed as President of NC State Bar

Lynette Pitt — Fri, 27 Oct 2023 01:00:00 GMT

Congratulations to Todd Brown on being sworn in as the newly installed president of the North Carolina State Bar! Chief Justice Paul Newby administered the oath during the State Bar's Annual Dinner on October 26, 2023.

Brown brings a wealth of experience and dedication to this new role. He holds a bachelor's degree and a JD from the University of South Carolina. Since 2013, he has been an active member of the North Carolina State Bar Council, serving as the chair of the Administrative Committee and as vice-chair and chair of the Grievance Committee.

In addition to his work with the NC State Bar, Brown previously served as the president of the North Carolina Association of Defense Attorneys (2016-2017) and the Mecklenburg County Bar. He was also involved in the Committee on Diversity for the Mecklenburg County Bar.

As a partner at Hunton Andrews Kurth LLP, Brown is the managing partner of the Charlotte office and co-head of the firm's commercial litigation practice group. He also holds several leadership positions within the firm, including co-chair of the Diversity and Inclusion Committee and the Talent Development Committee, member of the Associates Committee and Screening Committee, and former member of the Executive Committee.

We congratulate Todd Brown on this well-deserved recognition and wish him success in his role as president of the North Carolina State Bar.

NCADA Presents Professionalism Awards at Annual Meeting

Lynette Pitt — Mon, 26 Jun 2023 16:34:42 GMT

NCADA is pleased to recognize the recipients for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy for 2023. Mel J. Garofalo, Hedrick Gardner Kincheloe & Garofalo, and Patricia L. Holland, Attorney & Mediator, were recognized with the J. Robert Elster Award for Professional Excellence. Dan Hartzog, Hartzog Law Group was presented the Award for Excellence in Trial Advocacy. These Awards were presented at the NCADA 46th Annual Meeting on Friday, June 9, 2023 in Hilton Head Island, South Carolina.

The J. Robert Award for Professional Excellence recognizes a member's contributions to the organized Bar as a whole and to their community, and who exemplify the highest standards of professionalism, integrity, and ethics.

Mel J. Garofalo, recipient of the J. Robert Elster Award for Professional Excellence, is a partner with Hedrick Gardner Kincheloe & Garofalo, LLP in the firm’s Charlotte office. Mel served as Hedrick Gardner’s managing partner from 1993 until 2015. Through his years of practice, Mel has handled a wide variety of complex civil litigation, including large, multi-party product liability actions, complex fire and explosion cases, drug and medical device litigation, premises liability and security litigation, liquor liability litigation as well as wrongful death and catastrophic personal injury litigation. Mel served as President of the NCADA from 2005-2006.

Patricia “Trish” Holland, recipient of the J. Robert Elster Award for Professional Excellence, devotes her professional career to alternative dispute resolution, serving as a mediator in legal disputes brought in state and federal courts throughout North Carolina. Trish is a former member of the NCADA and served as a member of the Board of Directors from 2000-2003.

The Award for Excellence in Trial Advocacy honors highly skilled members who excel in advocating for clients in state and federal courtrooms. These individuals are regarded as among the finest trial lawyers in the state. Their exceptional track record of consistently achieving favorable outcomes for their clients demonstrates their mastery of the essential skills required for success.

Dan Hartzog, recipient of the Award for Excellence in Trial Advocacy, is Of Counsel at Hartzog Law Group. Dan is a seasoned trial attorney with more than 40 years of litigation experience in North Carolina. He has honed his litigation skills by handling a broad range of civil litigation cases having tried over a hundred jury trials to conclusion with an exceptionally high number of defense verdicts. In recent years, Dan has handled several highly publicized cases in both federal and state courts.

Please join us in congratulating Mel, Trish, and Dan as we recognize them as leaders in the NCADA and the civil trial bar.

Learn more about each award and see past recipients via the links above.

Farewell & Gratitude: Thank you to Jennifer Edwards Contributions to NCADA

Lynette Pitt — Tue, 13 Jun 2023 15:53:13 GMT

We want to take a moment to express our heartfelt gratitude to Jennifer Edwards, who has made invaluable contributions to our organization over the past few years. Jennifer joined the NCADA staff in April 2018 and has played a vital role in the ongoing success of NCADA in supporting both the organization itself and you, our valued members.

Now, as Jennifer embarks on a new chapter in her professional journey, we bid her a fond farewell. Her decision to explore other opportunities is a testament to her drive and ambition.

Throughout her tenure with us, Jennifer has undertaken various responsibilities that have greatly impacted our Association. She has coordinated our meetings and events, including our annual and fall seminars, as well as member social events held across the state. Even during the challenging period of lockdown, she played a pivotal role in organizing online events that kept our members connected.

Jennifer has been the voice of our Weekly Update email, a project that initially emerged during the pandemic as a means to foster connectivity and share pertinent news related to our practices. Today, it remains an essential channel for communication. Additionally, she has coordinated the production of expert webinars that have provided immense value to you, our members, as well as our litigation support services partners.

These acknowledgments merely scratch the surface of the hard work, dedication, and behind-the-scenes support Jennifer has offered to NCADA during her five-year tenure. Let us come together to express our heartfelt appreciation to Jennifer for her exceptional contributions to NCADA. Please join us in extending your well wishes for her continued success in all her future endeavors.

New Officers and Directors Elected at NCADA's 46th Annual Meeting

Lynette Pitt — Mon, 12 Jun 2023 13:30:00 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its 46th Annual Meeting the weekend of June 8-11, 2023. New officers and directors assumed new roles within the organization at the close of the meeting.

Christopher R. Kiger was confirmed as the 46th President of the Association. Chris is a partner with Smith Anderson, LLP in Raleigh. His trial practice focuses on products liability, mass tort, and commercial litigation. He has significant experience representing manufacturers, insurers, and other corporate clients in both state and federal courts, as well as in multi-district litigation. He has successfully handled the defense of litigation involving a broad array of automotive, industrial, consumer, and medical products. Chris is a graduate of Elon College and received his J.D. from the University of NC in 2002. He was inducted into the Elon College Basketball Hall of Fame in 1998

JD Keister was installed as President-elect. Keister’s civil and complex litigation practice is based in the Raleigh office of McAngus Goudelock & Courie, LLP. He routinely engages in the representation of parties in construction, professional liability, bad faith, real estate litigation, catastrophic loss, commercial litigation and first party defense for insurance carriers. He obtained his juris doctorate from Ohio Northern University Pettit College of Law.

As Executive Vice President, Keister served as program chair of this year’s annual meeting seminar and was instrumental in securing engaging and informative content and speakers for the two-day CLE program. A diverse group of speakers and panelists discussing varying aspects of how the practice and law firms are changing post-pandemic and with four generations now in the work force. Programming also included a mock argument before a live and diverse focus group demonstrating juror perspectives during these changing times.

Ashley K. Brathwaite is Immediate Past President. Brathwaite practices with Ellis & Winters, LLP. Her practice is divided between the representation of health care providers, product manufacturers and distributors, and others facing allegations of liability for a catastrophic personal injury. She obtained her J.D. from Campbell University School of Law in 2005. Brathwaite has served on the Board since 2015 in Director and Officer positions. Brathwaite was presented the “DRI Exceptional Performance Award” and the NCADA recognized her for her year of service during the conference.

George Simpson, IV was elected to the office of Executive Vice President. Simpson is the founding member of Simpson Law, PLLC located in Raleigh. After graduating with honors from UNC as a double major, George attended UNC Law School. His practice focuses on insurance disputes and defense, business disputes, regulatory compliance matters, and subrogation claims.

Erin McNeil Young moves to the position of Secretary after serving a one-year term as Treasurer. Erin is a past member of the Board of Directors. Young is an experienced litigator with 23 years of experience in private practice and is now managing litigation for a large corporation for Extended Stay Americas. Young received her J.D. from UNC School of law in 1999.

Daniel M. Nunn was elected to a 2-year term as Treasurer. Nunn is a partner with Caudle & Spears, P.A. in Charlotte and was elected Treasurer after serving a three-year term on the Board of Directors. Nunn represents clients primarily in construction defect litigation, insurance defense litigation, complex civil litigation, business law, and employment law. He obtained his J.D. from University of Miami School of Law.

The NCADA welcomed the following NEW members to the Board of Directors to serve a 3-year term ending in 2026:

Kara Bordman, Teague Rotenstreich Stanaland Fox & Holt, Greensboro
Josh Durham, Bell Davis & Pitt, Charlotte
Lisa Frye Garrison, Garrison Law Group, Asheboro
Kristine Prati, Wilson & Ratledge, Raleigh
Stuart Stroud, Wallace Morris Barwick, Kinston

ABOUT the NCADA: North Carolina Association of Defense Attorneys (NCADA) is a professional organization of over 800 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. For more information about the N.C. Association of Defense Attorneys, please contact (919) 239-4463 or visit www.ncada.org.

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Annual Meeting Virtual Food Drive - Help Us Meet Our Goal!

Lynette Pitt — Mon, 05 Jun 2023 11:00:00 GMT

We are pleased to announce our 1st Annual Virtual Food Drive as part of our 2023 Annual Meeting! Our goal is to raise $5000 this week benefiting the Food Bank of Central & Eastern North Carolina, and we need your help to make it happen.

We believe that every donation, no matter how small, can make a significant impact on families and individuals who are struggling to access nutritious meals. By participating in our Virtual Food Drive, we can come together as a team to help alleviate hunger and create positive change in our community.

Not only does contributing to the Virtual Food Drive support a great cause, but it also provides a sense of fulfillment, purpose, and connection to something greater than ourselves. This is an opportunity for NCADA and our members to share our commitment to social responsibility and caring for those in need.

Join us this week in donating and help us showcase our dedication to making a positive impact. Let's inspire others to follow our lead and join us in making a difference today!

Remember, every dollar counts, so please donate now and let's make a difference together. Thank you for your support in the fight against food insecurity in North Carolina!

#fighthungernow

Donate Here!

Member Spotlight: Danielle Barbour Wilson

Lynette Pitt — Mon, 20 Mar 2023 16:57:02 GMT

MEET: Danielle Barbour Wilson

Danielle Wilson is a principal with The Banks Law Firm, the largest minority-owned law firms in North Carolina, with a practice focus in Employment Law. A 2009 graduate of Emory University School of Law, she has been a member of NCADA since 2012 and is a past member of the Board of Directors.

What drew you to the practice of law and to a litigation and trial practice?
My college scholarship was for public speaking, so I was naturally drawn to trial practice. I was also a huge CourtTV junkie (my dad got me an old school satellite radio for my car so I could listen to it while driving!)—I really felt I had no choice but to become a lawyer.

How has membership in NCADA benefited your professional life?NCADA has connected me with not just only good lawyers, but great people. I take comfort in knowing that I am connected with a great group of folks who are always eager to serve as a resource to me in the practice.

What would you do if you were not a lawyer?
Probably something on the business side of the entertainment industry.

What is your favorite legal movie or TV show and why?
Philadelphia hands down. Joe Miller (Denzel Washington) reluctantly took on an employment discrimination case for Andrew Beckett (Tom Hanks) and brought forth justice when no one else would take the case. The movie has always resonated with me, but it’s even more compelling now that I am an employment lawyer.

What excites you the most right now?
These days, I’m most excited by getting hugs and kisses from my rambunctious 19-month old who is a total daddy’s girl!

What is one piece of professional or life advice you would tell your younger self?
No matter what you’re doing, you should find enjoyment in the process—not just the outcome. If you aren’t enjoying what you’re doing, then do something else.

Say hello to Danielle and connect today!

Children's Book Drive Benefits Albemarle Regional Library System

Lynette Pitt — Thu, 16 Mar 2023 15:47:53 GMT

NCADA collected more than 100 children's books at the 2022 Fall Seminar as a public service project. The books were donated to the Albemarle Regional Library System (ARLNC) for use among its seven libraries in Bertie, Gates, Hertford, and Northampton Counties in northeastern North Carolina.

The ARLNC serves a population of less than 75,000 people in the combined counties. Working with ARLNC Director Hugh Davis, we were able to share children's books among the libraries operating in the system.

We will partner with ARLNC again this year collecting children's books and donations in advance and day of the 2023 Fall Seminar on Friday, October 6, 2023 in Greensboro. Save the Date and start collecting!

It's Award Season! Nominations Accepted for NCADA Professional Awards

Lynette Pitt — Mon, 20 Feb 2023 15:18:10 GMT

Recognize a colleague, mentor or peer you hold in high esteem for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy this year.

Deadline for submission is Monday, March 27, 2023. Your letter of nomination should be addressed to Brian Beverly, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, by email.

Learn more about the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy and nominate someone you hold in high esteem.

A list of Past Recipients may be found here.

Nominations Accepted for 2023 Leadership Positions

Lynette Pitt — Mon, 20 Feb 2023 15:04:16 GMT

Nominations Accepted for NCADA Board of Directors & Practice Group Leadership

The terms of five current members of the NCADA Board of Directors will expire in June 2023. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2023 Annual Meeting through the close of the 2026 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lynettepitt@ncada.org.)

Nominations must be received no later than Monday, March 13, 2023, 5 p.m.

Print document.

Karen Stiles Appointed to Board of Directors

Lynette Pitt — Tue, 31 Jan 2023 14:01:27 GMT

Karen Stiles, Shumaker Loop & Kendrick LLP, has been appointed to serve as a member of the NCADA's Board of Directors. Karen will complete an unexpired term ending in June 2024.

"Karen Stiles has been a valuable and engaged member of the NCADA for years, and we are grateful to have the opportunity to work with her as a thought leader on our Board of Directors," notes Ashley Brathwaite, the current President of the NCADA.

A member since 2002, Karen previously served as chair of the Medical Malpractice Group. Karen’s practice is focused primarily on defending medical malpractice cases and catastrophic personal injury litigation. She is a partner on Shumaker's Medical Malpractice team in Charlotte.

Remembering Patrick White and Supporting His Family

Thu, 29 Dec 2022 16:05:44 GMT

The North Carolina legal community lost a colleague on December 19, 2022, when he was shot by his own client during a personal injury mediation. He left behind a wife and two young children. As a legal community, we would like to support his family. Below is information on how you can financially contribute to them during their time of immense grief.

The White Family requests donations in memory of Patrick White be made to the Hayes Barton United Methodist Church’s Growing in Love Fund (GIL), which provides financial assistance to members and their families experiencing emergencies and crises. Checks should be made payable to Hayes Barton UMC with “GIL – The White Family” noted in the memo line, and mailed to Hayes Barton UMC, Attn: Business Office, 2209 Fairview Road, Raleigh, NC 27608. Alternatively, contributions can be made online at Online Giving. Please choose The Growing in Love Fund in the select a fund drop down box and note “GIL – The White Family” in the optional memo box. Molly, Zeke, and Phoebe thank you for your kindness, generosity, and prayers during this difficult time.

If you or someone you know is in need of counseling, please contact NC Lawyers Assistance Program or BarCares.

Taking Stock--A Message from NCADA President, Ashley Brathwaite

Thu, 22 Dec 2022 15:35:28 GMT

Editor’s Note: We are all saddened by the circumstances and tragic loss earlier this week of attorney Patrick White at the law firm of Riddle & Brantley in Goldsboro. We are in communication with other Bar groups about efforts to provide support and resources. This tragedy impacts us individually and as a profession. Please take advantage of resources available to you through the NC Lawyers Assistance Program and BarCares if you need to talk confidentially to someone.

Life and work have resumed -- our new normal after the pandemic. In our various practices, the civil courts are working on the backlogs of cases that had been put on hold. We were also busy at the NCADA getting back to face-to-face meetings and working on new opportunities for members.

Looking back at the last few months, we had a successful Annual Meeting in June for the first time in Wilmington, North Carolina. An outstanding CLE program was put together by program chair Chris Kiger, and our biennial Judicial Candidates’ Forum was chaired by Allen Smith. The opportunity to connect with old friends, meet new ones, and hear directly from our judiciary were highlights of the meeting.

We adapted and pivoted again for our annual Fall Seminar in late September as the remnants of Hurricane Ian disrupted travel plans. A hale and hearty group of speakers, members and guests, and litigation support partners made it in-person and we were able to live-stream the event to close to 80 additional attendees online. Another new location for us at the Winston-Salem Convention Center helped make this a successful day.

In addition to the popular expert webinars hosted by our litigation support partners, we had excellent attendance at our paralegal seminar on Thursday, December 8th. Our NCADA member paralegals and other attendees made it highly interactive and insightful by sharing comments and questions during the presentations. We heard from Kellie Myers about NC Judicial Branch’s eCourts initiative. Thank you to all the speakers and to our planners Shelli Simontacchi, Hedrick Gardner Kincheloe Garofalo, and Nathan Hewitt, Hamlet Law. We are planning additional professional development opportunities specific to paralegals in 2023 based on the feedback from this session.

We are looking forward to more great events and activities for the NCADA in 2023. As you plan your professional development goals for 2023, consider enrolling in the NCADA's new Business of Law pilot program. This is a fully virtual education program, which is based on the fundamentals of a mini-MBA curriculum, that will help you learn, understand, and immediately apply practical management skills and financial knowledge. Of course, this program and others for 2023 are available on the NCADA website. Take a look, mark your schedule, and plan to join us!

We appreciate your ongoing support and participation in the NCADA. Please let us know how we can continue to value your practice and career development goals. And follow us on LinkedIn for more NCADA updates!

eFiling is Coming! Training Sessions Available in September

Lynette Pitt — Fri, 02 Sep 2022 21:00:03 GMT

The Administrative Office of the Courts announces that eFiling is coming to North Carolina Courts! Training sessions will be offered both virtually and in person for File and Serve in September. Attorneys, paralegals, and legal staff may register now for virtual or in-person sessions.

As part of the North Carolina Judicial Branch’s transformative eCourts initiative to take the state court system from paper to digital, the Odyssey Integrated Case Management System (ICMS) is projected to launch on October 10, 2022, in the four pilot counties of Harnett, Johnston, Lee, and Wake.

Throughout the month of September, NCAOC will offer in-person and virtual training sessions for attorneys, paralegals, and legal staff. For more information on the eCourts initiative and training opportunities, visit NCcourts.gov/eCourts.

N.C. Defense Fund Endorses Candidates for 2022 Appellate Races

Lynette Pitt — Thu, 18 Aug 2022 21:13:52 GMT

The N.C. Defense Fund, the political action committee of the North Carolina Association of Defense Attorneys, endorses the following candidates seeking seats on the North Carolina Supreme Court and Court of Appeals:

For Associate Justice of the North Carolina Supreme Court, the N.C. Defense Fund endorses

For Seat 3: Richard Dietz for election to the Court.
For Seat 5: Samuel J. Ervin IV for re-election to the Court.

For Judge of the North Carolina Court of Appeals, the N.C. Defense Fund endorses:

For Seat 8: No Endorsement.
For Seat 9: Donna Stroud for re-election to the Court.
For Seat 10: John M. Tyson for re-election to the Court.
For Seat 11: Darren Jackson for election to the Court.

The NC Defense Fund made the decision to endorse each judicial candidate based on the following criteria:

Substantial legal experience in and demonstrated understanding of civil litigation and issues recurrent in defense of claims;
A willingness to impartially apply the statutory law and rules as written and the common law, including the application of affirmative defenses, and the granting of dispositive motions when warranted;
A recognition of the legislature's exclusive role to enact statutes and the Court’s role in interpreting existing common law and statutes in a fair, consistent and predictable manner with respect for prior court rulings as compelled by stare decisis;
Exemplifying a high level of independence and integrity in applying the law impartially and in compliance with judicial standards and the Rules of Professional Conduct.

The N.C. Defense Fund is the political action committee of the North Carolina Association of Defense Attorneys. The North Carolina Association of Defense Attorneys [NCADA] is a professional association for lawyers and paralegals defending the interests of individuals and businesses in civil litigation. Current membership stands at over 850 attorneys and paralegals from across the State.

For more information about the N.C. Association of Defense Attorneys, please contact the Association office at 919-239-4463.

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New Officers & Directors Installed at 45th Annual Meeting

Lynette Pitt — Mon, 20 Jun 2022 18:18:52 GMT

New Officers and Board of Directors for the 2022-2023 year were installed on Saturday morning, June 18, at the 45th Annual Meeting in Wilmington, North Carolina.

Ashley K. Brathwaite, Ellis & Winters, assumes the office of President. Ashley moves into this role after serving as an officer for four years, and previously as a member of the Board of Directors.

Sara R. Lincoln, Lincoln Derr, is immediate past president. Sara will continue as a member of the Association's executive committee. Sara is this year's recipient of the Award for Excellence in Trial Advocacy.

Christopher Kiger, Smith Anderson, becomes President-elect after serving as Executive Vice President. As Executive Vice President, Chris served as program chair of this year's stellar Annual Meeting programming.

J. D. Keister, McAngus Goudelock & Courie, was elected to the position of Executive Vice President which leads to the role of President. J.D. previously served as Treasurer.

Erin Young, Hall Booth Smith PC, takes over the role of Treasurer. Erin is a past member of the Board of Directors.

George Simpson, IV, will serve another year as Secretary.

Joining the Board as Directors serving 3-years terms through 2025 are:

Denaa Griffin, Jackson Lewis
Scottie Lee, Ellis & Winters, LLP
Charles McGee, Roberts & Stevens, P.A.
Jasmine Pitt, Akerman
Austin Walsh, Hedrick Gardner Kincheloe & Garofalo, LLP

Join us in welcoming these new leaders!

Congratulations to NCADA's 2022 Professional Award Recipients

Lynette Pitt — Mon, 20 Jun 2022 17:36:17 GMT

NCADA is pleased to announce the recipients for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy for 2022. J. Nicholas Ellis, Poyner & Spruill, was recognized with the J. Robert Elster Award for Professional Excellence. Sara Lincoln, Lincoln Derr, was presented the Award for Excellence in Trial Advocacy. These Awards were presented at the NCADA 45th Annual Meeting on Friday, June 17, 2022 in Wilmington, North Carolina.

The Award for Excellence in Trial Advocacy recognizes members who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. Not only have they consistently obtained favorable results for their clients, they have done so while exhibiting a command of the skills necessary to obtain such results.

Please join us in congratulating Sara Lincoln and Nick Ellis as we recognize both as leaders in the NCADA and the civil trial bar.

Learn more about each award and see past recipients via the links above.

Judicial Candidates' Forum to be Held Friday, June 17, 2022

Lynette Pitt — Fri, 10 Jun 2022 16:20:04 GMT

The North Carolina Association of Defense Attorneys (“NCADA”) will hold a Judicial Candidates' Forum on Friday, June 17, from 11:00 a.m. to 12:30 p.m. The Forum will feature judicial candidates running in statewide elections for seats on the North Carolina Supreme Court and the North Carolina Court of Appeals. The appellate races are statewide races that impact all citizens of North Carolina.

Twelve candidates seek election for six open appellate level judicial seats - four candidates for North Carolina Supreme Court and eight candidates for North Carolina Court of Appeals. Information about each candidate may be found on the NCADA’s website at the Judicial Candidates’ Forum page. Additionally, a Special Candidates Issue of The Resource is available for download.

The Forum will be held at the Wilmington Convention Center, Wilmington, North Carolina in conjunction with NCADA’s 45th Annual Meeting. Approximately 200 attendees are expected.

The Forum gives members of the public and the bar a rare opportunity to learn about the candidates who wish to serve the state at the appellate court level. Each candidate will have the opportunity to answer a question germane to the members of the civil defense trial bar and to briefly discuss his or her qualifications for the position.

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Nominations Accepted for 2022 Excellence Awards

Lynette Pitt — Wed, 27 Apr 2022 15:21:18 GMT

Recognize a colleague, mentor or peer you hold in high esteem for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy this year.

Deadline for submission is extended to Thursday, May 19, 2022. Your letter of nomination should be addressed to Leslie Packer, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, by email.

Learn more about the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy.

A list of Past Recipients may be found here.

Mentor Moments 2

Thu, 24 Mar 2022 14:51:38 GMT

Tracey Jones

When I started with Teague Campbell in July of 1999, Bruce Hamilton was a partner at the Firm. For anyone that doesn't know Bruce, he is one of the most thoughtful, caring, and intelligent men I know. Furthermore, he is a legal scholar in the world of workers’ compensation and most folks practicing in this area come to him with difficult questions about difficult cases. When I started at the Firm, he was always willing to take the time to talk over cases with me and helped me become the workers’ compensation practitioner I am today. Bruce is known throughout the State as one of the premier workers’ compensation lawyers and I strive to emulate him. Not only do I want to be known as a legal scholar like he is in our practice area, but I want to be the type of person he is. Like him, I want to be respected not only for my legal knowledge but for being a good person with a kind heart. I could not have asked for a better mentor in my 25 years at Teague Campbell.

Clark Smith, Past President NCADA

As I write this column, we are in the season of epiphany awaiting the arrival of the three wise men. At the same time, I have been reading about and thinking about lawyer mentoring programs, one of which is sponsored by our Young Lawyers Division. It occurs to me that all of us need wise men (and wise women) who serve as role models for us in our lives and especially in our professional lives. We can learn many things from college and law school that, but so many of the principles and characteristics that become so important in molding who we are, are not the result of academia, but are in fact the consequences of being fortunate enough to have had good role models at the appropriate stages of our lives when impressions are made.

As I further reflect on the importance of mentors or role models, it is abundantly clear that I have had the benefit of “three wise men” in my life who have definitely influenced me considerably. They are my father, David C. Smith (not a lawyer, but a physician), Dean Carroll Weathers (Wake Forest Law School), and Walter F. Brinkley (my senior law partner, my uncle, my friend, and my mentor).

My father, who at 88 years of age is still very sharp mentally, lives in a retirement home. For 45 years, he practiced general medicine as a sole practitioner in Lexington. He was of a vintage when he had only one nurse, and the two of them together ran his office. He made house calls every night and made rounds to the local hospital every morning and every night. I often accompanied him to the hospital and on house calls, sitting in the car while he saw his patients.

This was my first lesson in learning patience, no pun intended. My father worked hard and long hours. He taught me dedication to his practice, his profession, and especially to his patients. He taught me about sacrifice. There were many times, when he had to forgo attending special functions and family events because of sick patients who needed him. He seldom took vacations and did not surround himself with luxuries. He was conservative, frugal, humble and unassuming. He could communicate with any patient on their level be they farmer, mill worker, engineer, school teacher, lawyer, clergy, or other professional. He also treated all of his patients with dignity and respect.

By observing his demeanor, I learned to value these various characteristics as worthy and desirable.

My father was a very calm person even in the presence of trauma or crisis. He moved slowly, he was thoughtful, he was decisive, and yet his demeanor brought a calming influence on those around him.

My father instilled in me the importance of service. First was service to his country. He had served in the United States Army during World War II at a time which interrupted his medical training. He had no regrets about this interruption in his life and his service to his country. He also taught me the value of public service. He was a member of a local planning board for a number of years, he was a member and President of his Rotary Club, he was a founder of Hospice in our area, and he was active in any number of other civic and public service organizations. He also taught me commitment by demonstrating his commitment to his profession, his family, his church and his God.

My father taught me the value of having interests outside of his profession. He had a wonderful workshop and was a good woodworker and craftsman. When I was a young boy, he decided to build a boat. For well over a year, I would assist him in our basement workshop in building a boat which when completed was 12 feet long, seated 8 people, was coated with fiberglass, and which served our family for many, many years. I learned the value of planning and patience and attention to intricate detail in watching and assisting my father working on this project. I also learned that a hobby is a great outlet and source of relief from the stress of professional life.

Finally, my father taught me about building trust and giving another person the opportunity to prove themselves. I especially remember his guidance after I first started driving.

He would never tell me that I could not go somewhere or do something, but he would always reason with me why my desires were not always good ideas. After discussing the risk and the benefits, he would leave the decisions to me.

Somehow his persuasiveness always made me choose his decision over my own. He would give me opportunities to build trust, and if I did not let him down, he would give me additional opportunities. He motivated by positive means rather than negative. He has always been my friend, and I go to him whenever I need advice or comfort, and he has never disappointed me.

My father has taught me many things about life and how to approach it. He has had a great influence on my own life and the person I have become. I am indebted to him for his being such a wonderful role model for life in general.

Dean Carroll Weathers is well-known to many of the more senior lawyers in this state. He was dean of Wake Forest Law School for a number of years. I had the good fortune of getting to know Dean Weathers through his daughters (Jane Weathers of the North Carolina Bar Association and Katherine Weathers Peetree of Winston-Salem) while I was an undergraduate at Wake Forest University. I had the opportunity to visit in his home and to get to know him before I attended law school. By the time I enrolled at Wake Forest Law School he had retired as dean, but was still active on the faculty and taught several courses, including ethics. Dean Weathers was always a perfect gentleman. He had the utmost respect for everyone he encountered. He treated everyone as if they were the most important person he had ever met.

Dean Weathers was a very civil man. He impressed me with his etiquette and sophistication while at the same time being very approachable and down to earth. He was highly intelligent. He was well-versed in many areas of the law, but also well-read and knowledgeable about any number of topics outside the law. The scope and range of his knowledge and discussions always amazed me.

He was truly a renaissance man in that he could talk about law, religion, politics, athletics, world events, history, art or almost any other topic, and he would be knowledgeable and up-to-date in his discussions. He commanded respect by the way he treated the people around him. I remember vividly one occasion in which I was visiting in his home when the subject of a popular bumper sticker arose. The bumper sticker had profanity on it, and Dean Weathers lamented the fact that Wake Forest students and alumni would even consider placing such an inappropriate bumper sticker on their car.

I was mortified because I had the exact bumper sticker on my car! I was very careful as I backed out of his driveway that evening to keep him from seeing the bumper sticker on my back bumper which I knew would have disappointed him greatly. As soon as I got out of his sight, I removed the bumper sticker in deference to his strong opinions about it.

Dean Weathers was genuinely interested in the people he encountered and valued the worth of each individual. I was continually amazed at his ability to recall the names and information about people he had known. Many, many lawyers went through Wake Forest Law School while he was dean, but I watched him at many football games when past students would come up and speak to him. He could recall each student’s name and could usually tell the name of their spouse, the name of the group they practiced with, and the town in which they practiced. He could do this for literally hundreds of students, and it was effortless on his part.

Perhaps the most impressive thing about Dean Weathers was his sense of integrity. He was the closest to perfection of any human I have met. He would not ever deviate from the highest principals and expectations. If there was ever any doubt of any action with respect to ethics or morality, Dean Weathers would advise against it. Those of us who had the privilege of being under his tutelage have coined the word “Weatherized.” We often acknowledge that the standard to uphold is to ask in any question of ethics: “What would Dean Weathers do?” If we followed this advice, we knew we would reach the correct decision, and we had been “Weatherized.”

Dean Weathers taught me an utmost respect for people, for the law, and for ethics, and I still to this day think of him whenever I have a question regarding professional responsibility. I have never been misguided by following his advice and example.

The third wise man who has greatly influenced my life is Walt Brinkley, the senior partner in my law firm. Walt is also my uncle. As a small child, I learned about generosity from Walt. He was a wonderful tennis player. After using a can of tennis balls for one match, instead of discarding them, he would save them and give them to me so that I could use them for practice.

Walt impressed upon me early in my career as a young lawyer the importance of dealing fairly and ethically with all lawyers and judges. He advised that in a small town practice such as we were in, that we would constantly be working with other lawyers for the rest of our careers.

He pointed out that it was shortsighted to take advantage of another lawyer in a single case when I would be dealing with them again and again in the future. Walt always had the utmost respect for Judges. Even if their rulings were against us, he never complained and never said anything negative about any judge or a ruling any judge had made. He viewed the judge as the embodiment of justice, and they are never to be criticized or treated except with utmost respect.

Walt has always served as an example of integrity and dedication to highest ethical standards. There have been many times when an ethical dilemma arose where we would discuss among the members of our firm the correct action to take. While there could often be differing opinions, Walt always took the high road and always insisted on the highest adherence to ethics and professional responsibility. He has turned down many lucrative cases because of potential or perceived conflicts of interest. In any situation, Walt will always advocate for doing what is right rather than what is lucrative or expedient.

Walt taught me that in dealing with others, candor, respect and truthfulness work better than an adversarial demeanor. I have observed Walt and other lawyers in many instances. Walt has always conducted himself admirably and with restraint. I have observed the adversarial attorneys in dealing with him, and they are disarmed because he will not allow their tactics to change the respectful way in which he treats them.

Walt has always been well-prepared in any situation. He worked hard and would always have notes and outlines of what he was going to do or say. When he spoke, he seldom had to refer to his notes, but he had prepared them and written them prior to speaking, and had them committed to memory.

Walt treated all people with dignity. He had clients who were wealthy and powerful, and he had clients who were penniless and pitiful. He treated all of them alike. He took on many clients because their causes were worthy when he knew he would never receive any compensation for his services, but that did not deter him in any way from being just as aggressive in working on their behalf as for the wealthiest clients.

Walt also treats office staff and courthouse personnel with utmost dignity and respect. He is the first person in our office to learn the names of new staff and to talk to them about themselves and their family. He brings gifts to them when he travels. He remembers the names of their spouses and children, and is genuinely interested in who they are. Many times in our partnership meetings, he has reminded us that members of our staff are the most important persons in our office, and that they should be treated fairly and with respect.

Walt has impressed upon me the importance of service. He has by his own example, taught me about service to the public and service to the profession. He has participated in and led virtually every major service organization in Lexington. He has long been active in our bar association and served as president of the NCBA in 1974-75. He has served on the Board of Law Examiners, the board of Legal Services of North Carolina and many other professional associations. He has instilled in me the idea that being a lawyer is a privilege and that privilege carries with it an obligation to serve the profession and an obligation to lead when called upon. It is Walt’s example, especially in service to the North Carolina Bar Association which resulted in my getting involved in bar association activities immediately upon graduation from law school. It is his constant encouragement and interest that has kept me involved through the years and that led to the opportunity of my serving as president.

Walt has demonstrated extreme loyalty. I have seen him stand by the side of clients who have been abandoned by others in the community. I have seen Walt remain loyal to lawyers who have transgressed and who have been ostracized by other members of the bar. I have seen Walt remain loyal to persons in this community who have taken unpopular positions on issues. I have had Walt remain loyal to me in situations where I have made mistakes or used poor judgment.

Walt is able to overlook the shortcomings of others and maintain commitment to them and remain loyal to them regardless of their personal failures or shortcomings.

Walt Brinkley has been a shining example of an excellent litigator and bar leader to many. I have been extremely fortunate to have had the opportunity to work beside him on a day-to-day basis and observe him in virtually every circumstance of law practice. By his example, I have learned to recognize the characteristics of greatness. I hope that having been subjected to this, a small portion has rubbed off on and has been retained by me.

Three wise men: David Smith, Dean Carroll Weathers, Walt Brinkley. Each of them has had a profound influence on my life, my father since my infancy, Dean Weathers during the formative years of college and law school and beyond, and Walt Brinkley throughout the years of my professional career.

I dare say that these three men collectively have had much more influence on my life than all of the years of education and study. A person is able to pick his schools, especially his college and law schools, but it is largely serendipity that determines who our life’s mentors will be. One thing is extremely certain in my mind. Appropriate mentors are pivotal in instilling skills, personality attributes, demeanor and integrity.

I would encourage every lawyer, especially those that are just beginning their professional careers, to seek out a mentor whom they can observe and learn from. By doing so, you will become a better citizen, a better lawyer and a better person. If you do not have someone you can ask to serve as your mentor, please contact staff at the NCBA, and they will be happy to assist with placing you under a mentorship through the YLD program.

If you are an older lawyer, please consider becoming a mentor to a younger lawyer. The rewards can be great as you realize what a difference you can make in guiding a young lawyer along his or her career path.

My epiphany is that we tend to mirror those people who surround us. Let us be sure to surround ourselves with those whose reflection is bright and shining and a source of direction such as the star that the three wise men followed many years ago.

Nominations Accepted for 2022 Leadership Positions

Lynette Pitt — Tue, 01 Mar 2022 14:48:59 GMT

The terms of five current members of the NCADA Board of Directors will expire in June 2022. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2022 Annual Meeting through the close of the 2025 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lynettepitt@ncada.org.)

Nominations must be received no later than Monday, March 28, 2022, 5 p.m.

Print a copy.

Mentor Moments

Thu, 27 Jan 2022 15:55:30 GMT

Denaa Griffin
My favorite person and mentor is George Simpson IV. He is a terrific boss and mentor. As a young insurance defense attorney, it was challenging to identify a Black partner to glean wisdom from and that made the beginning of my litigation career very difficult. George took me under his wing and immediately began teaching me to fish. As we worked together, I began to trust my lawyer instinct and loved litigation at a time when most associates were looking to transition out of litigating altogether. He was not just focused on career advancement, he mentored the whole person, extending beyond work to understand my values, relationships, and personal strengths. When many employees, and attorneys as well, are seeking opportunities to change firms and organizations or leave the legal field altogether, George has mastered the art of better mentoring for young attorneys. I hope he knows he is an outstanding attorney and mentor.

David Hood:
This question is easy for me to answer. It's hard to overstate how much I learned from watching my former law partner Steve Thomas. As 1) an Advocate, I learned from Steve that often it is the calm, understated, and graceful speaker who persuades judge or jury - which as a dramatic sort of fella, I really needed to learn. As 2) a Professional, Steve taught me to value membership in organizations like the NCADA and not just to sit on the sidelines but to get into the game - by serving in leadership roles and contributing what I could to the betterment of our association and our profession. And finally, as 3) a Citizen, Steve modeled for me what being a lawyer in one's local community ought to mean - leadership within the local bar, service through participation both in non-profits and in the political system, and commitment to family, faith, and friendships above all.

Everyone should have a Steve Thomas. If you can, be a Steve Thomas to some David Hood noob out there in your own corner of the world.

Sammy Thompson:
One of my many mentors was Willis Smith, Jr. who taught me the power of short, declarative sentences unencumbered by unnecessary words. In the fall of 1971, I watched him in one afternoon write a brief to the North Carolina Supreme Court. He covered all the issues in eleven pages. Every word was precise. Every sentence was to the point. Every paragraph was persuasive. In December of that year, he and I were defending a wrongful death case. Willis was killed on a Saturday when the small plane he was piloting was slammed into by an Eastern Airlines DC-9. One month later, the North Carolina Supreme Court ruled in his favor based on his brief.

Brady Yntema:

While I have been fortunate to have had many mentors inside and outside the legal profession, the one person who truly taught me how to be a professional in any field was Dr. Jo Watts Williams at Elon University. Dr. Williams was Elon’s first vice president for development, but had a long history in education and a true mission in helping young people find their “true self”.

One night in my early days as a first semester freshman at Elon, I thought it would be cool to join a small group of other students in throwing water balloons out of our third floor dorm room windows at unsuspecting passersby, one of which just so happened to be an Elon security officer (that water balloon came out of my dorm room window). Long story short, as a result, I was assigned to 10 hours of campus service in Dr. Williams’ office to help prepare for an upcoming fundraising event. After serving my time, Dr. Williams approached me and said “while you came to us in trouble, I think you have some room to shine.” Fortunate for me, she allowed me to work as her part-time assistant, which turned into a four-year experience during which I was able to watch and learn how a true professional operates.

During my time with Dr. Williams, she took great interest in my grades and on-campus activities to make sure (in her words) “I was living up to my potential.” In doing so, she taught me how to embrace challenges and appreciate the difference that one person can make in any community. When I told her that I was going to apply to law school, she smiled and in her unassuming way simply said “whatever you decide just don’t forget to pay attention to the details of life and those around you.” I have tried to apply a lot of the advice Dr. Williams gave me through her leadership, and when presented with an opportunity or difficult situation I still often ask myself “what would Dr. Williams do.”

Join NCADA In Supporting the NFJE

Lynette Pitt — Tue, 23 Nov 2021 16:57:33 GMT

The National Foundation for Judicial Excellence (NFJE) is a 501(c)(3) charitable organization dedicated to supporting an independent, well-informed judiciary. DRI established the NFJE with the mission of educating state court appellate judges in 2004 under the leadership of then president Richard Boyette.

The NFJE has successfully produced a first-rate annual symposium attracting hundreds of state appellate judges since 2005. The symposia have featured an array of nationally distinguished legal experts and scholars discussing the contemporary and complex legal issues relevant today in courtrooms across the country. The end result is the top quality, tuition-free series of educational programs provided by the NFJE, which assist North Carolina's and our nation’s appellate judges to perform at their highest levels.

NFJE provides tuition-free judicial education programs.

NFJE focuses specifically on education for the state appellate judiciary.

NFJE is a recognized leader in the legal and judicial communities as a reliable source for providing balanced information in its programs.

NFJE is the only organization of its kind led by the civil Defense Bar.

Join the NCADA as an annual contributor to the NFJE by making your contribution in today.

Donate Now.

Moving Forward - A Message from President Sara Lincoln

Lynette Pitt — Wed, 25 Aug 2021 17:54:02 GMT

We continue to adapt to the impact the pandemic has on our daily lives both personally and professionally. The resurgence of the pandemic via the Delta variant has created some challenges. If we have learned anything in the last 18 months, it is to be flexible and resilient. So, with that in mind, we are moving forward with the in-person Fall Seminar!

We will hold the planned in-person Fall Seminar in Hilton Head on September 19-21. The date, location, and format are different from our traditional one-day program as we honor the contract obligation from 2020 with the Omni Hilton Head Resort. Our program planners have coordinated an excellent program that you will not want to miss. You will be able to either attend in person in Hilton Head or attend virtually as we live stream the sessions on Monday and Tuesday mornings.

While we can’t wait to see our members and guests in person, the health and safety of our attendees is a priority. Meeting rooms and meal functions will be set to a moderately social distanced layout, and we will have guidelines to address attendee interaction, comfort, masks, and other safety protocols.

Networking with each other is always the highlight of our meetings and events, and one of the greatest values of NCADA membership. Whether you attend in-person or virtually, we will offer an Event App to help connect with each other and also with our loyal litigation support partners. Content for the Event App is being put together now and will be open in advance of the meeting.

As of this writing there are still a few rooms available at the Omni Hilton Resort. If you missed the window to make your room reservation, please contact Jennifer Edwards to check availability or to be added to the wait list. If you can’t make it in person, I encourage you to register to attend virtually. The program promises to be informational and well worth your time. Download the detailed program agenda to see what is in store.

See you in Hilton Head!

NCADA Awards Three Members with Outstanding Volunteer Award

Tue, 22 Jun 2021 17:07:59 GMT

The North Carolina Association of Defense Attorneys (NCADA) recognized three members who have shown dedication to volunteering for the organization at the Business Meeting portion of the 44^th Annual Meeting and Spring Program on June 11, 2021.

Robert Kaylor of Law Offices of Robert Kaylor; George Simpson, IV of Simpson Law, PLLC; and David Wisz of Bailey Dixon, LLP were honored with the Outstanding Volunteer Award. This infrequently awarded honorarium is only given to members who have shown exemplary dedication to furthering NCADA’s mission statement of “bringing together civil trial attorneys to promote the administration of justice, the exchange of information, ideas, and litigation techniques, and to strengthen the practice, improve the skills, and enhance the knowledge of lawyers who defend individuals and represent businesses in civil cases in North Carolina.”

The awards ceremony will be conducted in person at the organization’s 2021 Fall Seminar in Hilton Head, SC, September 19-21, 2021.

Release of New Directors and Officers

Tue, 22 Jun 2021 16:43:28 GMT

NCADA Elects New Officers and Directors at the Virtual 43^rd Annual Meeting

Raleigh, N.C. -- The North Carolina Association of Defense Attorneys (NCADA) held its Virtual 44^th Annual Meeting June 4, 11, and 17, 2021, swearing in a new slate of Officers and Directors during the Business Meeting portion.

Sara R. Lincoln assumes the position of President. Lincoln is a partner with Lincoln Derr, PLLC in Charlotte. She has an active trial practice ranging from medical malpractice defense to complex business litigation. Lincoln obtained her J.D. in 1993 from the University of Akron School of Law, magna cum laude. She has previously served a three-year term on the Board of Directors and was chair of the Association’s Women Litigators Committee and the Medical Malpractice Group.

Allen Smith is immediate Past President of the Association. Smith is a partner with Hedrick Gardner Kincheloe & Garofalo, LLP in Charlotte. He is the leader of the Trucking and Transportation Practice Group and devotes much of his time to defending serious personal injury and wrongful death claims associated with truck accidents and major vehicle negligence. He also defends product liability, construction defect, and premises liability claims. Smith obtained his J.D. from the University of North Carolina School of Law in 1992. He previously served a three-year term on the Board of Directors and one year as Secretary.

Ashley K. Brathwaite is President-Elect. Brathwaite practices with Ellis & Winters, LLP. Her practice is divided between the representation of health care providers, product manufacturers and distributors, and others facing allegations of liability for a catastrophic personal injury. She obtained her J.D. from Campbell University School of Law in 2005. Brathwaite has served on the Board since 2015 and previously chaired and co-chaired the Women Litigators Committee.

Chris Kiger was elected Executive Vice President. He previously served as Secretary. Chris practices with Smith Anderson, LLP. His focus is in the areas of products liability, mass tort, and commercial litigation. He has significant experience representing manufacturers, insurers, and other corporate clients in both state and federal courts, as well as in multi-district litigation. He has successfully handled the defense of litigation involving a broad array of automotive, industrial, consumer, and medical products. Chris is a graduate of Elon College and received his Juris Doctorate from the University of NC. He was inducted into the Elon College Basketball Hall of Fame in 1998.

JD Keister was re-elected Treasurer. Keister Practices with McAngus Goudelock & Courie, LLP in their Raleigh office. He routinely engages in the representation of parties in construction, professional liability, coverage and bad faith, real estate litigation, catastrophic loss, transportation and automobile litigation and commercial litigation, as well as first party defense for insurance carriers.. JD obtained his juris doctorate from Ohio Northern University Pettit College of Law.

George Simpson, IV was elected Secretary. George is the founding member of Simpson Law, PLLC located in Raleigh. After graduating with honors from UNC as a double major, George attended UNC Law School. During law school, he served as Editor-in-Chief of the North Carolina Journal of International Law and Commercial Regulation, and worked as a student extern for Judge John Martin of the North Carolina Court of Appeals. His practice focuses on insurance disputes and defense, business disputes, regulatory compliance matters, and subrogation claims.

The NCADA welcomed the following members to the Board of Directors to serve a three-year term ending in 2024:

Gloria Becker, Batten Lee, PLLC
Isaac Linnartz, Smith Anderson
Jay Salsman, Harris Creech Ward & Blackerby, PA
Nicole Slaughter, Hamlet & Associates, PLLC
Mark Stafford, Nelson Mullins Riley & Scarborough, LLP

About the NCADA: North Carolina Association of Defense Attorneys (NCADA) is a professional organization of nearly 800 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. For more information about the NCADA, please contact (919)239-4463 or visit www.ncada.org.

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New Feature! Job Announcement Postings

Lynette Pitt — Tue, 15 Jun 2021 16:10:12 GMT

By popular request, NCADA will begin posting firm job announcements on the website and promote on the Weekly Update and social media. Job announcements will be posted up to four (4) weeks on the website and in the Weekly Update newsletter for $75 per posting. The website page is in development so we will provide courtesy postings in the interim.

Current Announcements
Deputy Counsel, NC State Bar
Provide legal advice and representation to the State Bar and its committees, boards, and commissions, with emphasis on discipline and disability proceedings involving lawyers licensed to practice law in North Carolina and on proceedings to investigate and enjoin the unauthorized practice of law.
More information

NCADA Announces 2021 Professional Award Recipients

Lynette Pitt — Mon, 14 Jun 2021 18:28:38 GMT

NCADA is pleased to announce the recipients for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy for 2021.

Barbara "Bonnie" Weyher is this year’s recipient of the J. Robert Elster Award for Professional Excellence, which recognizes contributions to the organized Bar as a whole and to their community. Weyher is a founding partner of Yates McLamb & Weyher, LLP where she is now Senior Counsel and currently focuses her practice alternative dispute resolutions. As a trial lawyer, Weyher has successfully helped clients resolve commercial and business disputes, medical malpractice, product liability, and general liability claims. Weyher is a past president of the North Carolina State Bar, the Wake County Bar, and an active member of numerous other professional legal organizations.

Gary Parsons will receive this year’s Award for Trial Advocacy and is the fourth recipient of this Award recognizing members who are eminently qualified to advocate for clients in state and federal courtrooms. Recipients of this Award are considered by the NCADA as among the finest trial lawyers in the state. Parsons is a partner with Brooks Pierce practicing in the firm’s Raleigh office handling trials and appeals in state and federal courts. Parsons has argued before the United States Court of Appeals for the Fourth Circuit, the North Carolina Supreme Court and the North Carolina Court of Appeals. He also appears regularly before all three U.S. District Courts in North Carolina and the North Carolina Business Court.

The Awards will presented at the Fall Meeting in September where NCADA will also recognize 2020 award recipients. Please join us in congratulating Bonnie Weyher and Gary Parsons as we recognize both as leaders in the NCADA and the civil trial bar.

May Update--President Allen Smith

Tue, 25 May 2021 13:48:27 GMT

HOORAY! The light at the end of the tunnel is now real bright. In fact, we are a good ways out of the tunnel, and many counties have resumed trials. In my experiences venturing out to restaurants, stores, and church since North Carolina lifted many of the Covid-19 restrictions, I have noticed relief and enthusiasm. I have seen lots and lots of smiles that were hidden by masks for the past year or so. I have also found it a lot easier to recognize people with masks off!

In terms of professional life, we still need to exercise patience. There remains a large backlog of cases on trial calendars, and some counties are operating fewer courtrooms than normal in order to accommodate social distancing requirements for jurors. In my home county of Mecklenburg, the courts are placing priorities and larger disputes. We all see cases in superior court that should really be in district court. I understand that these types of cases will receive a lower priority for trial and/or stronger encouragement to settle. Please make sure your clients understand this.

We also need to keep in mind that some courts, restaurants, and businesses still ask consumers to wear masks. This is another area where we need to be patient even if you have had your vaccine. Be thankful for the amazing progress our country and state have made this year!

Speaking of thankful, this is my final Note as president. I am thankful for our innovative staff, Lynette Pitt and Jennifer Edwards. They provided the organization with great opportunities for virtual meetings and programs over the past 14 months and in-person fellowship in different cities over the past 3 weeks. In Charlotte, we had at least 30 attorneys attend the social function at Legion Brewing. I am thankful for the distinguished defense attorneys who wrote columns on what it means to be a defense attorney. Those were great columns, and I learned something new in each one of them. I am thankful for our sponsors and encourage all members to use our sponsors. Finally, I am thankful for the hard work of the NCADA board, committees, and officers. The plaintiffs’ bar threw a lot our way, including ongoing efforts to modify Rule 414 and some related statutes and to end the doctrine of contributory negligence.

I hope I see you over Zoom at our Annual Meeting June 4,11, and 17; and in-person at the Fall Meeting In Hilton Head Island on September 19-21.

NCADA Position Statement in Opposition of SB477

Lynette Pitt — Tue, 11 May 2021 19:32:10 GMT

The North Carolina Association of Defense Attorneys (NCADA) is a professional association for civil trial lawyers defending individuals and businesses in North Carolina. The NCADA membership is comprised of almost 900 North Carolina lawyers who defend individuals and represent the interests of North Carolina employers, businesses, and insurers.

The NCADA opposes Senate Bill 477, mischaracterized as the Victims’ Fair Treatment Act. The one-sided act abolishes the doctrine of contributory negligence without eliminating the inequities associated with the doctrine of joint and several liability.

Consequently, the NCADA does not advocate a change from our current system of contributory negligence. However, the Association does not oppose ending contributory negligence if all five (5) of these principles are followed:

1. The doctrine of joint and several liability is eliminated.

2. A claimant does not recover if his or her fault is greater than or equal to 50% of the total fault assigned by a jury.

3. A claimant cannot recover from any defendant who is assigned less fault than the claimant.

4. A jury is to assign fault for all potential tortfeasors whether parties to the action or not.

5. The doctrine of last clear chance is eliminated.

The NCADA views these five (5) principles as the foundation to a balanced change.

END

Print Statement

#contributorynegligence

April Note from NCADA President, Allen Smith

Thu, 29 Apr 2021 16:48:48 GMT

I hope all our members and friends are enjoying spring as society opens back up. I love spring and summer, and this spring has been more welcome than most.

This year has seen efforts by the plaintiffs’ bar to end the doctrine of contributory negligence in North Carolina. Their efforts have come through the judiciary and the legislature. In the case of Saunders v. Hull Property Group, LLC, the plaintiff filed a petition for discretionary review with the goal of having the North Carolina Supreme Court do away with the doctrine of contributory negligence. The NCADA submitted an amicus brief to the NC Court of Appeals in 2019 and conditional motion for leave to file an amicus brief to the NC Supreme Court in 2021. The Court of Appeals declined to end contributory negligence, and the Supreme Court denied the plaintiff's petition for discretionary review.

Prior to the dismissal, the NCADA put together a committee to study contributory negligence and comparative fault. The North Carolina Advocates for Justice seem determined to bring an end to our current system one way or the other. As it stands, North Carolina is one of four states (in addition to Alabama, Maryland, and Virginia) and the District of Columbia that still has a pure contributory negligence system as opposed to comparative fault. Our committee is not advocating for a change of the current law. Instead, we want the NCADA to be ready if legislation is introduced to abolish contributory negligence. Specifically, the committee is researching the types of changes we can accept.

Shortly after our first meeting, a state senator introduced Senate Bill 477, the Victims’ Fair Treatment Act. From our perspective, the bill was a non-starter. It ends contributory negligence, but does not end joint and several liability. As a result, we joined the North Carolina Chamber of Commerce, and a long list of business-oriented groups, in a letter dated April 12, 2021, to the NC Senate opposing this bill.

Our committee is working on a position statement addressing key issues. If there is going to be a change, there needs to be fairness to both sides, something that is not accomplished with Senate Bill 477. We will submit the proposed position statement to the board by the annual meeting and include principles that must be included if there is a change. The committee welcomes questions, comments, and suggestions from our members.

Connect, Collaborate and Share: The Member Network

Lynette Pitt — Fri, 16 Apr 2021 17:09:25 GMT

The pandemic brought tons of changes and challenges, but it also brought opportunity. In person meetings have been put on hold yet we have been able meet virtually via Zoom and a multitude of other platforms. A lot of great conversations and education have occurred online during the past 13 or more months. Did you know you have platform available to extend these conversations?

The NCADA’s website contains an online resource that connects the entire membership for discussion of trending issues, experts, recent case law, CLE, and any other topic of interest. The Member Network are discussion forums designed to allow NCADA members to easily engage, interact and brainstorm with each other from anywhere at any time by simply logging onto the NCADA’s website and using the forums.

This members’ only resource is accessible through the website and contains discussion forums for all our practice groups and for young lawyers, women litigators, paralegals, and the diversity committee. Members can choose to be a part of any or all of these forums to discuss any issue of interest with other members that are involved in the same practice groups or committees.

How do we access these forums? It’s easy. Here’s how:

Step 1. Easy Log In. Go to www.ncada.org. Click "Log In" at the top right-hand corner. If you have not logged in yet and set your password, go to "Forgot Password" to have a "Reset Password" email sent to you, then create your preferred password (min of 7 characters; max of 50; case sensitive). Then access the site. Email lynettepitt@ncada.org if you have problems.
Step 2. Go to Members Area/Networks. Here there will be a list of available network forums for each practice group, paralegals, women litigators and young lawyers. You may participate in any one or all!
Step 3. Subscribe. Select your forum(s) of interest. Click the 'Subscribe to forum' link on the top right-hand corner. Once subscribed, you will receive email notifications of updates to any of the topics in the network’s forum with links to the new or updated topics. You may even subscribe to individual topics.
Step 4. Create a Discussion Topic. Access the Member Network forum of interest. A 'Create topic' button is at the top of this page which will take you to a template to create your message. Then 'Create' to post and replies will come directly to your mailbox. To reply, just click the Reply button.
Step 5. Manage Your Preferences. The default notification for forums is a daily email. You may change the frequency of the email notifications from daily to weekly or immediately.

To change your forum subscription settings, go to the Email subscriptions page within your member profile and click the Edit Profile button. Additionally, in the forum subscriptions section, you can unsubscribe from forums and topics and change the frequency of forum update notifications. Do not forget to click 'Save' to save your changes.

Start a conversation today!

Nominations Accepted for 2021 Excellence Awards

Lynette Pitt — Thu, 15 Apr 2021 20:01:10 GMT

Recognize a colleague, mentor or peer you hold in high esteem for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy this year.

Deadline for submission is Wednesday, May 5, 2021. Your letter of nomination should be addressed to Leslie Packer, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, 4030 Wake Forest Road, Suite 203, Raleigh, NC, 27610.

Learn more about the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy.

Past Honorees

J. Robert Elster Award

Trial Advocate Award

2020 Patricia “Tricia” P. Shields
2019 G. Gray Wilson
2018 Kenneth Kyre, Jr.
2017 Leslie C. Packer
2016 John S. Willardson
2015 Honorable Linda Stephens
2014 Harvey L. Cosper, Jr.
2013 James W. Williams
2012 Richard V. Bennett
2011 L. P. “Tony” Hornthal, Jr.
2010 Charles E. Burgin, Jr.
2009 Sam S. Woodley, Jr.
2008 Alan W. Duncan
2007 William K. Davis
2006 J. Donald Cowan, Jr.
2005 James D. Blount, Jr.
& Stephen P. Millikin
2004 Richard T. Boyette

2020 David N. Allen
2019 Dan J. McLamb
2018 Samuel “Sammy” G. Thompson

NCADA Endorses Special Superior Court Judge Appointment Nominees

Lynette Pitt — Wed, 31 Mar 2021 15:06:57 GMT

President Allen Smith shared a letter with leaders of North Carolina's General Assembly endorsing Governor Cooper's nominations to serve as Special Superior Court judges with designations to the Business Court.

NCADA endorses for reappointment the Honorable Adam Conrad and the Honorable Michael Robinson to the Business Court. Nominees Julianna Theall Earp and the Honorable Mark Davis are also endorsed.

Read the letter of endorsement here.

March Note from NCADA President, Allen C. Smith

Thu, 25 Mar 2021 14:33:51 GMT

“The best way to persuade people is with your ears – by listening to them.” Dean Rusk

Think about some of your best trips to a doctor. What made the doctor stand out? I’m willing to bet that the doctor was an active listener. Litigators want to be known for their closing arguments, but one of the most important skills a lawyer can develop is the ability to be a good listener.

Listening carefully to the client at the outset of the case allows the attorney to get a good grasp of the facts so that he or she can develop a strategy for the case. Acknowledging what the client tells an attorney puts the client at ease. Some of my best lines during a closing argument have come from random comments by clients during the course of a trial.

Listening to witnesses is equally important. Most of us have some type of outline or list of questions. During depositions, it is easy to methodically walk through the questions. The attorney may get a good answer to a question early in the deposition that eliminates the need for asking a question later in the deposition. Don’t shoot yourself in the foot by asking that later question and allowing the witness to change the answer.

The NCADA also wants to listen to its members. How can we help your practice? Is there a topic for one of the coffee talks you would like to discuss? Do you have suggestions for topics for the Fall Seminar? If the answer to any of these questions is yes, please contact me, Lynette, or Jennifer.

Nominations Accepted for NCADA Leadership

Lynette Pitt — Wed, 10 Mar 2021 14:00:00 GMT

The terms of five current members of the NCADA Board of Directors will expire in June 2021. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2021 Annual Meeting through the close of the 2024 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail or write to the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lynettepitt@ncada.org; U.S. Mail: 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609.)

Nominations must be received no later than Monday, March 29, 2021, 5 p.m.

February Note from President Allen C. Smith

Lynette Pitt — Wed, 24 Feb 2021 19:17:28 GMT

A Note from NCADA President, Allen Smith

Weatherwise, February has been a less than ideal month – cold (as usual) and lots of precipitation. The good news is that we had some sun on weekends (particularly on February 20 and 21) and we are starting to see light at the end of this long tunnel known as the Covid-19 pandemic. Many of you participated in the Zoom presentation that Chief Justice Paul Newby on Thursday, February 18. Chief Justice Newby shared his reason for allowing the judicial districts to make decisions about when to re-open courts for in-person trials and hearings, and I hear some counties have started jury trials again.

If you have been a participant in a jury trial, we would love to hear from you. Did you have a difficult time getting enough jurors? Did the court push hard for you to use fewer than 12 jurors? How was the flow of the trial compared to before the pandemic?

Our Annual Meeting and Spring Program will be virtual again this year and is tentatively scheduled for June 10-12. We’re just not confident the world will be ready for big in person meetings by June. We’ll have more information and details soon!

But it is our hope that society will have somewhat returned to normalcy by September. So with that hope in mind, The NCADA is planning to return to live meetings this September for our Fall Seminar. It will be at the Omni Oceanfront Resort on Hilton Head Island from Sunday September 19 to Tuesday September 21. Yes, this is a little different than we’ve done it before, but we’re hopeful and looking forward to seeing everyone in person--I cannot wait! Details coming soon.

Speaking of the fall meeting, we would love to hear from members about topics they would like covered. There is no need to be bashful – please share your ideas!

I look forward to seeing some of you in a courthouse soon and more of you in HHI in September.

January Note from NCADA President Allen Smith

Wed, 27 Jan 2021 15:33:41 GMT

Happy New Year! 2021 is off to an interesting start. Hopefully, it gets better. . . real soon. We need a soft landing!

Instead of focusing on current events in the news, I’d rather highlight one of the important benefits that the NCADA provides its members – the submission of amicus curae briefs in appellate cases. Currently, the NCADA has a handful of cases pending in which it has submitted an amicus brief and/or petition for review. Over the past year, the amicus efforts have included issues involving class certification, contributory negligence, uninsured motorist/underinsured motorist coverage, medical malpractice, products liability, and workers’ compensation.

Several factors come into play when considering whether to participate in an amicus. First, the executive committee must believe the merits of the argument. Not all cases requesting NCADA participation are accepted. At some point in an attorney’s career, he or she will likely have to pursue an appeal despite recognizing the case is a loser from the start.

A second important factor is the benefit of our clients: the NCADA cannot advocate for the interests of one set of members’ clients against the interests of another. We sometimes see some meritorious requests that, for this reason, NCADA must decline participation.

Of equal importance is if a ruling in our side’s favor will benefit most of our members’ practices. NCADA does not take a case that will be averse to the interests of the members of our organization. For this reason, we have declined some interesting cases.

The NCADA is selective of cases approved for amicus; the legal issue on appeal must be of substantial interest to the NCADA and its members. NCADA has built a distinctive reputation and we are proud our participation in this process has an impact.

If you have a case in which you would like NCADA involvement, I encourage you to contact the current chair of Amicus Committee, Hon. Linda Stephens, to advise of the issue before the court, explain the importance of the issue, and share information about who will write the brief and/or petition. More information about how to request an amicus can be found on the NCADA website.

December Note from NCADA President Allen Smith

Mon, 28 Dec 2020 17:12:23 GMT

As we approach the end of this tumultuous year, I want to scream, “Goodbye, 2020! Leave me alone. 2021, you cannot get here soon enough.” More importantly, I want to wish all our members happy holidays and a safe new year. I hope the members who celebrate Christmas were able to see family—whether in person or virtually.

The new year brings a changing of the guard on the North Carolina Supreme Court. I would like to congratulate incoming Chief Justice Paul Newby on his new position as head of our courts. I would also like to congratulate incoming Justices Phillip Berger, Jr. and Tamara Barringer on their successful campaigns to obtain seats as associate justices on the North Carolina Supreme Court. I wish the best of luck to all of them.

Our state owes Chief Justice Cheri Beasley a debt of gratitude. She has provided the appellate courts of North Carolina with a high level of dedication. Additionally, Chief Justice Beasley demonstrated exemplary leadership during the Covid-19 crisis. With regard to the Supreme Court, I do not want to overlook Justice Mark Davis, who will also be leaving the bench. Like Chief Justice Beasley, Justice Davis has served on both levels of the appellate courts in North Carolina and distinguished himself as a jurist who understands the rule of law in the role of the courts in North Carolina.

The Court of Appeals will have two retirements of significance. Chief Judge Linda McGee has provided steadfast leadership to the Court of Appeals, particularly over the last six years when she has served as chief judge. Additionally, Judge Wanda Bryant is retiring after over 18 years on the Court of Appeals. Both judges have distinguished themselves and provided dedicated service.

For those of us who are used to regular courtroom appearances, 2020 was a frustrating year, particularly regarding trials. Our court system has shown agility in developing a WebEx system for motions hearings. While trials on a regular basis may still be several months away, we can see some light at the end of the tunnel. The trial court administrators throughout our state deserve appreciation and recognition. We as attorneys will continue to show patience as we work our way through first half of the year and the vaccination process.

It is my most sincere hope to see each of you in person during 2021. Here’s to better times ahead!

November Note from NCADA President, Allen Smith

Thu, 19 Nov 2020 18:27:57 GMT

On behalf of the Board of Directors and dedicated staff, I wish all of our members and the legal community a very happy Thanksgiving. The year 2020 has been topsy-turvy at a minimum. However, from my perspective, we are a fortunate lot. The attorneys in our fields of practice fared better than the workers in many other industries. The litigation bar has been nimble in adapting to the Covid-19 pandemic and associated restrictions. In short, we still have work, and we can go about our jobs with relatively minor inconveniences.

The general election added to the topsy-turvy nature of 2020. It is hard to imagine a tighter statewide race than the one North Carolina had for Chief Justice of the Supreme Court. As of today (but before final certification by the NC State Board of Elections), Justice Paul Newby leads Chief Justice Cheri Beasley by the narrowest of margins (406 votes out of over 5.39 million votes cast). This close race demonstrates the importance of voting and is a testament to the dedicated service both Chief Justice Beasley and Justice Newby have given to our great state.

Best wishes to all for Thanksgiving.

October from NCADA President, Allen Smith

Thu, 29 Oct 2020 15:09:20 GMT

I hope all of you are doing well in dealing with the Covid - 19 pandemic and the bombardment of election commercials, the latter of which has a light at the end of the tunnel. Depending on your party affiliation, the light may be sunshine or a locomotive headed at you full speed! The good news is that election season is almost over . . . for this year.

We cannot help you with the election, but the NCADA is focusing on how it can help its members, their firms, and their practices. We want to hear from you! Please let us know what the NCADA can do to increase the value of your member experience. Traditionally, we have provided excellent continuing education and networking opportunities. We are doing our best to continue this tradition in the present virtual world, and we are open to suggestions and increased membership participation. Please contact Lynette Pitt, Jennifer Edwards or Allen Smith and let us know what we can do to make your NCADA experience even better.

At our annual Fall Seminar, we had an excellent panel of for managing partners who discussed how firms are coping with the pandemic. The association has also hosted many webinars for CLE credit, several of which have been complimentary to members due to the generosity of our sponsors.

Which leads to my next topic: sponsors. Bar organizations depend on sponsors, and NCADA is fortunate to have so many loyal and generous sponsors. Please remember to use our sponsors and thank them.

Our Sponsorship Committee is looking for members to join the committee. This presents an excellent opportunity for members to get involved. If you are interested, please contact the committee chair, Melissa Walker or Lynette Pitt.

The NCADA has a history of encouraging and promoting diversity and inclusion. In 2019, we won the DRI Rudolph A. Janata Award for the second time. But we do not want to rest on our laurels. The committee continues to be an important focus of the NCADA, and it welcomes additional members. This also presents an excellent opportunity for members to get involved. If you are interested, please contact the Diversity Committee Chair, Denaa Griffin or Lynette Pitt.

When I next write you, we will be approaching Thanksgiving. I wish you well between now and then.

When it’s Not Good to be Purple

Thu, 24 Sep 2020 14:18:38 GMT

A Note from NCADA President, Allen Smith

I can think of reasons to love purple: football (think Minnesota Vikings, ECU Pirates, and TCU Horned Frogs), music (Jimi Hendrix’s classic, “Purple Haze,” and the band Deep Purple), Easter, lollipops, rainbows, Crayola Crayons, Rockies, and leisure suits. I probably lost you with the leisure suits, as purple ones were particularly ugly.

BUT purple is not a good color for a state during election years. Sure, we North Carolinians get lots of attention, but we get too much attention. About the only good thing about COVID-19 has been no national political convention in my hometown of Charlotte, USA. One is enough, if not too many, for a lifetime.

We the people who live in the purple states like North Carolina get force fed the commercials and commercials and commercials and still even more commercials for the race for president. If one candidate wins, the country will fall apart at its seams. If another candidate wins, the country will experience its greatest moments in history. If the other candidate wins, riots and looting will never end. If one candidate wins, the country will be safe. Or at least all the TV commercials have said so - and I have seen plenty by both sides. Many have been back to back! As of the day I write this, we will get pummeled with commercials for another six weeks. And with the talking heads on TV predicting days to count all the votes, the commercials may continue past election day--or new types of commercials will appear.

How does my rant about seeing way, way too many ads for the presidential election apply to the practice of law? You learn what not to do. Do not call your opponent names. That may work (or it may not) in a political race, but it will come back to bite you in the practice of law. Do not denigrate the other side; show the opposing counsel and party respect in person. You do not have to be friends, but you have to work together to get through the litigation process. Do not mislead the court. When you are before the court, have facts and law to support your arguments. Only promise jurors or the court what you can deliver. Politicians lose credibility and win all the time. If a lawyer loses credibility with jurors, the lawyer is likely to lose the case. If a lawyer loses credibility with the court, the lawyer hurts the current client and possibly future clients.

I conclude by urging you to vote. The members of our organization have a wide array of opinions and political beliefs. However, I think that everyone agrees on the importance of casting a vote.

What It Means to be a Defense Attorney

Wed, 26 Aug 2020 18:08:08 GMT

By Allen Smith, NCADA President

NCADA and President Allen Smith are pleased to introduce a series of columns to be included in The Resource over the next year on “What it means to be a defense attorney.”

We are very fortunate that some of the recent winners of the Elster Award and Award for Excellence in Trial Advocacy graciously agreed to share their impressions over the remainder of the 2020-21 NCADA a year.

In writing the first column on the subject, I feel like a Double-A baseball player batting leadoff in a Major League Baseball All-Star Game. (Not knowing whether we will have a college football season, and I sure hope that we do, I am reticent to use a football analogy like kick-off.)

When I talk to most defense lawyers, I hear a universal theme: there is no feeling better in the profession than winning a trial. I share that sentiment and have been fortunate enough to experience the so-called “thrill of victory” many times. It is hard to beat the positive reinforcement of receiving compliments from several jurors after a trial. However, this is an important but small part of being a defense attorney.

As I have grown older (but not yet become “old“ – that will always be 10 years away), I recognize that being a complete defense attorney is much more than winning trials. Having the tools and confidence to win trials is important. These skills are valuable in helping you perform the most important role of a defense attorney: recognizing the best manner to resolve the client’s case and achieving it. Sometimes, the best resolution is through a trial, and we all look forward to those cases. However, statistics show trials are a rarity. In some cases, the best resolution is settling the case before it goes into litigation. Some of my most grateful clients are from cases that settled before the opposing party filed a lawsuit. These clients viewed the pre-litigation resolution as a home run. For the majority of cases we have, the best resolution involves gathering more facts or evidence through the litigation process, determining the value of the case, and settling. The key is to make sure the attorney and client are on the same page.

The “five tool“ (we do have a baseball analogy theme going!) defense attorney develops the knowledge and skill to recognize the best way to resolve the case; the confidence to make recommendations and execute a litigation plan; and the temperament to work with the clients, the opposing attorneys, and the courts to achieve the goal. Developing your litigation skills does not occur over night. Doing so requires patience, dedication, and a long-term plan. I doubt that any part of this column is eye-opening to my fellow defense attorneys regardless of years of practice.

I hope that each of you takes the time to read the columns from our exceptional defense attorneys in the upcoming issues of The Resource. Regardless of your years of practice, you are bound to pick up some valuable information. Please also be sure to thank these columnists; we are quite fortunate they are willing to share their wisdom.

Statement from NCADA President Allen Smith regarding Hurricane Isaias

Tue, 04 Aug 2020 15:47:42 GMT

Over the past 24 hours, the eastern Piedmont and Coastal areas of our state were hit with devastating rain, wind, and in some areas, tornadoes. The impacts of Hurricane Isaias will be long lasting, and while property can be replaced, the lives lost cannot.

Please keep our members, their family members, and the communities impacted by the storm in your thoughts and prayers. The North Carolina Coast is still in the process of recovering from Hurricane Florence, and this latest storm will only add to the struggles faced by the residents of these areas.

Please reach out to your friends, family members, and fellow NCADA members in the impacted areas of our great state and let them know they have our support, attention, and prayers.

Allen Smith
NCADA President 2020-2021

A Message from NCADA President, Allen Smith

Thu, 30 Jul 2020 15:53:13 GMT

As the Covid-19 pandemic has dragged on and on and we have learned of more and more postponements and cancellations, my energy level has been depleted at times. Of course, this is normal in the practice of law and most professions; we all go through our peaks and valleys during the course of a work year.

However, this year has been different--finding diversions has been more difficult. One thing I look forward to each year is taking a trip with my two sons, ages 24 and 27. In the summer of 2018, we had a weekend visit to Boston that featured visits to the Harpoon and Sam Adams breweries during the day, an Eagles concert in TD Garden on Friday night, and a Foo Fighters concert in Fenway park on Saturday night. My younger son even made it to the front row about midway through the concert. In April of 2019, the Smith boys joined 80,000 other fans in MetLife Stadium to attend Wrestlemania 35. (Yes, there really were 80,000 fans there!) This summer, we had planned a trip to Chicago, and that fell through. We had to find an alternative trip, so Nashville and Knoxville serve as substitutes for Chicago.

What does this have to do with practicing law? We all need to find ways to recharge our batteries. This year, we’re having to be more creative. Our levels of interaction with others are much lower because of restrictions on live appearances in court, at depositions, and at mediations. Attorneys need to recharge their batteries for the short term and long term. In the short term, call your clients, fellow defense counsel, or opposing counsel more often instead of sending just emails. Restaurants are open, so you can take a colleague to lunch. Walk up and down the stairs of your office or around your block if you’re working from home. You can even do a business call while doing some exercise. Little things like this can help attorneys get through the day. For the week, make sure you set aside some time for your family, your friends, and yourself.

Having some type of exercise routine is probably more important than ever. This helps in the short term and long term. Ideally, you can find somebody to join you for the exercise.

Our profession and country will get through this pandemic. At some point, trials will resume and Wrestlemania will be back with 80,000 fans. Take care of yourself.

Chief Justice Cheri Beasley Issues Emergency Orders Requiring Face Coverings in Courthouses and Planning for the Resumption of Jury Trials

Thu, 16 Jul 2020 15:17:14 GMT

RALEIGH – Chief Justice Cheri Beasley has issued new emergency directives in response to the COVID-19 pandemic that require the wearing of face coverings inside county courthouses and planning for the resumption of jury trials.

“I have issued several emergency directives calculated to reduce the spread of COVID-19 in North Carolina's communities,” said Chief Justice Beasley. “Consistent with the Governor’s recommendations and the clear guidance of public health experts, requiring face coverings in courthouses is necessary to keep our courts open while protecting court personnel and the public.”

Chief Justice Beasley announced that jury trials in North Carolina courts will be delayed through at least September, and has directed senior resident superior court judges to develop comprehensive plans for the eventual safe resumption of jury trials in their districts. Each Jury Trial Resumption Plan must ensure that all court operations are in compliance with each of the Chief Justice’s emergency directives and must be informed by the Best Safety Practices distributed by the North Carolina Administrative Office of the Courts.

Each Jury Trial Resumption Plan must include:

A confirmation that each court facility and any alternate facility to be used for court operations is in compliance with each of the Chief Justice’s emergency orders in response to the COVID-19 outbreak;
A plan for summoning and excusing jurors, which allows for as much of the process to be handled remotely as possible;
A plan for conducting voir dire with social distancing;
A plan for conducting trials with social distancing in the courtroom for all court participants, including the jury, and in the deliberation room;
A plan for daily screening of jurors, court personnel, attorneys, witnesses, and parties for COVID-19 exposure or infection;
A plan for making face coverings available to jurors, court personnel, attorneys, witnesses, and parties;
A plan for responding in the event that a juror, defendant, attorney, witness, judge, or other courtroom personnel becomes symptomatic, tests positive for COVID-19, or has a known exposure to someone who has tested positive for COVID-19 during the trial.

Each Jury Trial Resumption Plan must be approved by the following officials in the county:

The chief district court judge;
The clerk of superior court;
The district attorney;
The public defender, or a criminal defense attorney chosen by the senior resident superior court judge in districts without a public defender;
The sheriff; and
The public health director.

N.C. Defense Fund Endorses Judicial Candidates for 2020 Appellate Races

Mon, 13 Jul 2020 17:58:09 GMT

N.C. Defense Fund Endorses Judicial Candidates for 2020 Appellate Races

Raleigh, NC, July 13, 2020 --- The N.C. Defense Fund, the political action committee of the North Carolina Association of Defense Attorneys, endorses the following candidates seeking seats on the North Carolina Supreme Court and Court of Appeals:

For Chief Justice of the North Carolina Supreme Court, the N.C. Defense Fund endorses both

Cherie L. Beasley and Paul M. Newby for re-election to the Court.

For Associate Justice of the North Carolina Supreme Court, the N.C. Defense Fund endorses

For Seat 2: Lucy N. Inman for election to the Court.
For Seat 3: Mark A. Davis for election to the Court.

For Associate Judge of the North Carolina Court of Appeals, the N.C. Defense Fund endorses:

For Seat 4: Patricia P. Shields for election to the Court.
For Seat 5: No Endorsement
For Seat 6: R. Christopher Dillon for re-election to the Court.
For Seat 7: Reuben F. Young for election to the Court.
For Seat 8: Jefferson G. Griffin for election to the Court.

The NC Defense Fund made the decision to endorse each judicial candidate based on the following criteria:

•Substantial legal experience in and demonstrated understanding of civil litigation and issues recurrent in defense of claims;

•A willingness to impartially apply the statutory law and rules as written and the common law, including the application of affirmative defenses, and the granting of dispositive motions when warranted;

•A recognition of the legislature's exclusive role to enact statutes and the Court’s role in interpreting existing common law and statutes in a fair, consistent and predictable manner with respect for prior court rulings as compelled by stare decisis;

•Exemplifying a high level of independence and integrity in applying the law impartially and in compliance with judicial standards and the Rules of Professional Conduct.

NCADA Elects New Officers and Directors at the Virtual 43rd Annual Meeting

Thu, 25 Jun 2020 14:03:09 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its Virtual 43^rd Annual Meeting the week of June 9-12, 2020, in Asheville, NC, swearing in a new slate of Officers and Directors at the close of the meeting.

Allen C. Smith assumes the position of President. Smith is a partner with Hedrick Gardner Kincheloe & Garafalo, LLP in Charlotte. He is the leader of the Trucking and Transportation Practice Group and devotes much of his time to defending serious personal injury and wrongful death claims associated with truck accidents and major vehicle negligence. He also defends product liability, construction defect, and premises liability claims. Smith obtained his J.D. from the University of North Carolina School of Law in 1992. He previously served a three-year term on the Board of Directors and one year as Secretary.

F. Lach Zemp is immediate Past President of the Association. Zemp, a partner of Roberts & Stevens, P.A., has over 25 years of experience trying cases and representing a variety of professional, outdoor-recreation, industry, and business interests in state and federal courts. He obtained his J.D. from Franklin Pierce Law Center in 1990.

Sara R. Lincoln is President-Elect. Lincoln is a partner with Lincoln Derr, PLLC in Charlotte. She has an active trial practice ranging from medical malpractice defense to complex business litigation. Lincoln obtained her J.D. in 1993 from the University of Akron School of Law, magna cum laude. She has previously served a three-year term on the Board of Directors , and was chair of the Association’s Women Litigators Committee and the Medical Malpractice Group.

Lincoln was instrumental in securing engaging and informative content and speakers for NCADA’s first Virtual Annual Meeting, including Michael Reddington of InQuasive and Jennifer Schenk, the Physician Counsel. Other panelists and speakers discussed and shared what made their defense practices successful. The change from a traditional in-person annual meeting to a virtual meeting was a challenge Sara met head-on, ensuring the meeting and the transition were successful and seamless.

Ashley K. Brathwaite was elected Executive Vice President. Brathwaite practices with Ellis & Winters, LLP. Her practice is divided between the representation of health care providers, product manufacturers and distributors, and others facing allegations of liability for a catastrophic personal injury. She obtained her J.D. from Campbell University School of Law in 2005. Brathwaite has served on the Board since 2015 and previously chaired and co-chaired the Women Litigators Committee.

JD Keister was elected Treasurer. Keister Practices with McAngus Goudelock & Courie, LLP in their Raleigh office. He routinely engages in the representation of parties in construction, professional liability, coverage and bad faith, real estate litigation, catastrophic loss, transportation and automobile litigation and commercial litigation, as well as first party defense for insurance carriers. JD’s construction practice includes the representation of contractors, subcontractors, designers, developers and their insurance companies. His professional liability experience includes the regular representation of architects and engineers, attorneys, real estate brokers and agents, insurance brokers and matters that stem from director and officer liability. JD obtained his juris doctorate from Ohio Northern University Pettit College of Law (JD). He also serves as NCADA’s Chair of the Construction CLE Committee.

Chris Kiger was re-elected Secretary. Chris practices with Smith Anderson, LLP. His focus is in the areas of products liability, mass tort, and commercial litigation. He has significant experience representing manufacturers, insurers, and other corporate clients in both state and federal courts, as well as in multi-district litigation. He has successfully handled the defense of litigation involving a broad array of automotive, industrial, consumer, and medical products.

The NCADA welcomed the following new members to the Board of Directors to serve a three-year term ending in 2022:

· Patrick Flanagan, Cranfill Sumner & Hartzog, LLP
· Tracey Jones, Teague Campbell Dennis & Gorham, LLP
· Kimberly Marston, Brooks Pierce, LLP
· Daniel Nunn, Caudle & Spears, LLP
· Brady Yntema, Goldberg Segalla, LLP

NCADA Announces 2020 Award Recipients

Lynette Pitt — Thu, 11 Jun 2020 18:42:19 GMT

NCADA is pleased to announce the recipients for the J. Robert Elster Award for Professional Excellence and the Award for Excellence in Trial Advocacy for 2020.

Patricia P. Shields is this year’s recipient of the J. Robert Elster Award for Professional Excellence, which recognizes contributions to the organized Bar as a whole and to their community. Shields is a partner with Hedrick Gardner Kincheloe & Garofalo, LLP practicing in the firm’s Raleigh office. Shields has earned a reputation as a highly-experienced trial attorney who represents her clients with the highest level of competence and skill, honors the system of justice through outstanding preparation and the keenest of intellects, and maintains professional and courteous behavior toward all. Her litigation practice includes complex commercial, malpractice and professional responsibility, products liability, and civil rights claims.

David N. Allen will receive this year’s Award for Trial Advocacy and is the third recipient of this Award recognizing members who are eminently qualified to advocate for clients in state and federal courtrooms. Recipients of this Award are considered by the NCADA as among the finest trial lawyers in the state. Allen is a partner with Nelson Mullins Riley & Scarborough practicing in the firm’s Charlotte office. Allen represents a broad variety of clients in his trial practice. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. Allen is a recognized leader for his outstanding commitment and contributions to trial and appellate advocacy – a true courtroom lawyer.

The Awards will presented at a later date this year. Please join us in congratulating Patricia Shields and David Allen as we recognize both as leaders in the NCADA and the civil trial bar.

Statement from NCADA President Regarding Recent Events

Lynette Pitt — Mon, 01 Jun 2020 19:04:21 GMT

For the past week, we’ve been home with our families trying to absorb and explain the graphically violent and inexplicable death of George Floyd at the hands of a white police officer while other officers stood by. Whether locally, nationally, or internationally, the resulting expressions of horror, anger, despair, and anguish have been real, genuine, and strong. The acts of the former police officers with the Minneapolis Police Department require universal condemnation. These issues demand the attention of all of us, and that we not remain silent in the face of such horrific conduct and acts.

The NCADA recognizes and embraces our place as a role model in the legal community. We are proud of our history of inclusion of all members of the civil defense community, regardless of race, gender identification, religion, sexual orientation, skin color, or ethnicity. The diversity of our members and our profession is at the heart of what makes the NCADA the wonderful organization it is. Supporting and embracing that diversity benefits all of us. And although we don’t always understand what other people are feeling or experiencing, we as individuals should always seek a way to try. The NCADA denounces implicit bias, sexism, homophobia, and racism in all forms. The NCADA also supports peaceful protests and the rule of law; these are important rights in civilized society. We encourage our members to begin the sometimes difficult conversation of our how we can each work to improve our society as a whole.

Please consider what you, your colleagues, and your firm can do to further a positive and constructive dialog.

Sincerely,

F. Lach Zemp, Jr.
President, 2019-2020

Special Appellate Candidates' Issue of The Resource

Tue, 26 May 2020 19:06:59 GMT

The Special Appellate Candidates' Issue of The Resource is now available! Please visit the link below to read up on all the candidates running for North Carolina Supreme Court and Court of Appeals.

2020 Appellate Issue of The Resource

Judicial Candidates' Forum to be Held June 12, 2020 - Virtual Session

Lynette Pitt — Tue, 26 May 2020 18:00:00 GMT

The North Carolina Association of Defense Attorneys (“NCADA”) will hold a Judicial Candidates' Forum on Friday, June 12, 2020 from 10:00 a.m. to 11:45 a.m. via Zoom. The Forum will feature judicial candidates running in statewide elections for seats on the North Carolina Supreme Court and the North Carolina Court of Appeals. The appellate races are statewide races that impact all citizens of North Carolina.

Sixteen candidates seek election for eight open appellate level judicial seats - three seats on the North Carolina Supreme Court and five seats on the North Carolina Court of Appeals. A special appellate candidates publication providing information about each candidate may be found here.

This year's Judicial Candidates' Forum will be held virtually via Zoom closing out the 43rd Annual Meeting.

The NCADA is a statewide association of lawyers defending the interests of individuals and businesses in North Carolina. For more information about the NCADA or the Judicial Candidates' Forum, please contact the Association office at 919-239-4463 or lynettepitt@ncada.org.

***END***

Greetings from DRI and your Regional Director

Fri, 22 May 2020 16:31:27 GMT

Lynette asked if I would provide a brief update on what is happening at DRI during these trying times, and I am happy to do so.

First, we hope you, your families, and your colleagues are all healthy and safe. I have found a need to reach out and virtually touch someone on a regular basis. I hope you are all staying in touch with your friends and colleagues, and it need not be by Zoom. Make a point to reach out to someone, you both will feel better for doing so.

And, as far as staying connected goes, although many DRI seminars were and will be canceled, most substantive law committees are actively putting on webinars or hosting calls by Zoom or otherwise. This is a great time to get involved. If you are unsure if your favorite seminar is cancelled, the DRI home page https://dri.org has a link to a list of all cancellations. If your favorite one is not on there, check back for updates. Notwithstanding the cancellations, DRI has been putting on webinars for members and non-members. For example, DRI recently hosted two webinars on how to reopen your office, which identified some of the issues you may need to confront as we begin to resume our more normal lives. Both were free, and if they are not already on the DRI website, they should be soon. In addition, a third webinar is coming the first week of June, hopefully. As soon as we know more, we will push it out to Lynette for distribution. These have been available for both members and non-members. I realize the notice sometimes has been a bit short, but to get content out timely, short notice will likely be the norm not only about COVID-19, but also for new webinars. The pandemic has shown that technology is easier to use than we thought, so we hope to get cutting-edge information to you while it is still cutting edge.

In addition, the DRI home page has a coronavirus information link. It includes health information, stay at home orders, and some court information. It also has a direct link to DRI for Life. It should have tips on how to stay sane, or how to try to stay sane, while we juggle, dogs, cats, hamsters, goldfish, children, as well as clients.

Next, as many of you know, John Kouris, DRI's long-time executive director, recently stepped down. After a nationwide search, DRI has hired Dean Martinez as the new Chief Executive Officer. Dean started Monday, April 27. What a time to start, right? Dean is energetic and full of new ideas to increase the value of a DRI membership. I hope you get to meet him at the next DRI in-person event.

DRI service projects continued during the pandemic with a virtual 5-K through DRI Cares. In this time of crisis, many food banks have been wiped out. What better time to have a food drive, fund-raising challenge, or other fund raiser for food banks or similar deserving organizations.

The NCADA Annual Meeting is around the corner. Lynette would have my hide if I did not encourage you to attend, so ATTEND.

Speaking of annual meetings, I would be remiss if I did not mention the Summit, formerly known as the DRI annual meeting. It remains scheduled for October 21-24 in Washington, DC, and we remain hopeful that we can pull this off. If it happens, we will have a regional dinner, cocktails and mocktails, and hope you can attend.

Please be safe,
Jon Berkelhammer

Message to Members About 43rd Annual Meeting

Lynette Pitt — Fri, 24 Apr 2020 14:38:30 GMT

Message to Members: 43rd Annual Meeting Cancellation Notice

From: Lach Zemp, President, and Sara Lincoln Sara Lincoln, Executive Vice President

With a heavy heart we are letting you know that the NCADA Officers and Board of Directors have made the decision to forego a gathering of our members in person for our Annual Meeting and Spring program due to the health and financial impacts of COVID19. While we are confident that the event would have been wildly successful and enjoyed by all, our primary focus is on the health, safety, and wellbeing of our members. As North Carolina and the entire United States struggles through this transition, we were faced with a lot of uncertainty that prevented us from confidently moving forward with this live and in-person program.

Keeping in mind that our focus is on you, our members, we are planning a virtual Annual Meeting and Summer Program. In addition to valuable CLE and the opportunity to interact with your fellow NCADA members, we are planning to proceed with the judicial candidates forum, having the candidates speak to us virtually. We are working on a stellar plan to bring us all together virtually in June. The format we are working on will offer flexibility to attend great CLE while still being able to balance the other demands of life in this “new normal.” This programming will include a virtual Annual Meeting where the new slate of Officers and Directors will be voted upon. We hope that you will participate in this virtual programming and will provide registration details in the near future.

If you did already register for our program here are some details on how the cancellation will be addressed:

If you have made a reservation at the Omni Hilton, that reservation will automatically be cancelled by the hotel as part of our event cancellation. However, you will want to confirm that cancellation in a few weeks if you do not receive a notice from the Omni Hilton.
If you have already completed and paid your registration to the NCADA, you have two options: 1) Apply your payment as a credit to future NCADA programming. Spouse or Guest fees, extra Saturday dinners, and Thursday Judicial dinner fees will automatically be refunded. 2) Receive a full refund.

As social distancing restrictions ease and group gathering sizes are lifted we will be looking for ways to renew our personal relationships and connections with each other. We continue to move forward in planning our annual Fall Seminar on Friday, October 2nd, in Greensboro where we will be at the Sheraton Koury Center. We are hopeful that this program will move forward as currently structured.

Our Annual Meeting and other programming offer exceptional opportunities for personal and professional relationship building and networking, professional development, and R&R time for you and your families. We hope you will continue to explore opportunities to network online with fellow members from across the state at upcoming virtual events. And we will see you in person – maybe 6 feet apart - in the near future.

Sample Stipulation Governing the Conducting of Depositions

Lynette Pitt — Wed, 22 Apr 2020 16:20:00 GMT

On Friday, April 17th, NC Association of Defense Attorneys and NC Advocates for Justice hosted a joint webinar "All Hands on Deck" led by J.D. Keister and John McCabe. This discussion featured Judge Paul Ridgeway, Kellie Myers and Ray Owens.

A sample Stipulation Governing the Conducting of Depositions was created and available for your use. Please click the link above to download.

If you miss the webinar, watch here via the NCAJ's vimeo portal: All Hands on Deck: Working Together with Creativity and Civility During Uncertain Times.

Joint Letter to Members from NCAJ & NCADA

Lynette Pitt — Mon, 30 Mar 2020 22:00:00 GMT

To: Members of the North Carolina Association of Defense Attorneys and the North Carolina Advocates for Justice

From: F. Lachicotte Zemp Jr., president of the North Carolina Association of Defense Attorneys and Vernon Sumwalt, president of the North Carolina Advocates for Justice

As we seek to continue our work on behalf of our clients during these unprecedented and uncertain times, let’s remember that we have the opportunity and the duty to exemplify professionalism and embody civility even when, or perhaps especially when, facing extraordinary circumstances.

Providing our clients with the representation they deserve in the days and weeks ahead will require us to adapt in a number of ways. We have already begun to employ technological solutions that will help to keep our cases moving forward.

In light of recent orders from Chief Justice Beasley and Gov. Cooper, many of us are working cooperatively and professionally to accommodate some of the uncertainties around scheduling, deadlines, hearings, and trials. Working together will not only help to keep the justice system moving forward, but ultimately will benefit our clients in getting our cases managed and handled professionally and as expediently as current circumstances allow.

Once we are beyond the present crisis, we will want to be able to look back with pride on how we treated one another. We will also want to be able to demonstrate to the courts that we each did our part to help support the judicial system and the integrity of the process.

We hope your circle of family and friends remain healthy and well.

Sincerely,

F. Lachicotte Zemp Jr.
NCADA President

Vernon Sumwalt
NCAJ President

Print Letter

Updated Covid-19 Resources

Mon, 23 Mar 2020 14:43:31 GMT

Thanks to Lawyers Mutual for these great updates.

Beware of Rats! Disruption During Pandemic Brings Out the Fraudsters!

Practical Tips for Avoiding Malpractice During COVID-19 Pandemic

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DRI Information
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Links for Up-to-Date Court Information

Chief Justice Beasley's Emergency Order
National Federal Court Update
Fourth Circuit Court of Appeals Update
US District Court Eastern District of NC
US District Court Middle District of NC
US District Court of Western District of NC

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What the Filing Deadline Extension Means for Your Practice
Chief Justice Cheri Beasley issued an updated emergency order that “all pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 17 April 2020.”
How does the emergency order impact my practice?
Thanks to Warren Savage of Lawyers Mutual Insurance Company for this valuable information.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Effect of COVID-19 on the Insurance Claims Market
Part one
At present, the world is currently experiencing unprecedented limitations on import; quarantine, both voluntary and mandatory; business shut down, both enforced and through an abundance of caution; and the cancellation of gatherings, events, and travel. The scope of these limitations is likely to affect almost every commercial enterprise, both directly and indirectly.
read more....

The Effect of COVID-19 on Time Element Claims
Part two
As part of the continued discussion regarding the effects of COVID-19 on the Insurance Claims Market, we introduce part two of our series, which examines how the pandemic can impact time element claims.
read more...
Thanks to JS Held for this valuable information

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The NC Bar Association has compiled an excellent list of resources to assist you and your firm during the pandemic.

Nominations Accepted for NCADA Leadership Positions

Lynette Pitt — Tue, 11 Feb 2020 21:35:33 GMT

Nominations Accepted for Board of Directors and Practice Group Leadership.

The terms of five current members of the NCADA Board of Directors will expire in June 2020. Nominations for the five vacant Director positions are now being accepted to serve a three-year term beginning at the close of the 2020 Annual Meeting through the close of the 2023 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail or write to the Nominating Committee in care of Lynette Pitt, Executive Director, by email (lynettepitt@ncada.org) or U.S. Mail: 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609).

Nominations must be received no later than Thursday, February 27, 2020, 5 p.m.

NCADA Receives Inaugural Lawyers Weekly Diversity & Inclusion Award

Tue, 17 Dec 2019 17:35:16 GMT

The North Carolina Association of Defense Attorneys has been recognized as a leader in diversity and inclusion by North Carolina and South Carolina Lawyers Weekly.

NCADA and the Diversity Committee have striven to bolster diversity and inclusion within the defense bar through such programs as Whiteness in America, #MeToo in the Workplace, Implicit Bias & Race Relations, LBGTQ in the Workplace, and Leveraging Diversity in Litigation.

Additionally, members Tricia Shields of Hedrick Gardner Kincheloe & Garofalo, LLP and Elizabeth Martineau of Martineau King Law, PLLC were honored for their individual commitment to diversity and inclusion.

NCADA Presented Award at DRI Annual Meeting

Lynette Pitt — Sun, 20 Oct 2019 17:41:59 GMT

The North Carolina Association of Defense Attorneys (NCADA) was presented the Rudolph A. Janata Award by DRI, the Voice of the Defense Bar on Friday, October 18, in recognition of its diversity programming that has covered socially trending topics including LGBTQ issues, the #MeToo movement, a discussion on whiteness in America, and uncovering bias in the practice of law to leveraging diversity in litigation.

Dayatra T. Matthews and Lach Zemp accepted the award on behalf of the NCADA. This national award recognizes a state or local defense organization that has undertaken an innovative or unique program contributing to the goals and objectives of the organized civil defense trial bar.

NCADA previously DRI's Janata Award in 2002 and is the only state defense group to date to be presented DRI’s Diversity Award in 2005 and 2012.

Hurricane Dorian Message to Our Members

Lynette Pitt — Wed, 04 Sep 2019 15:30:09 GMT

As another storm, Hurricane Dorian, takes aim at North Carolina, we recognize again the impact this storm may have on our members, in both your personal and professional lives. We urge all of you to exercise safety and caution in the days ahead. Hopefully, each of you has prepared for the potential interruption to your businesses, as well as personal lives. The NCADA, as an organization, again intends to lend support wherever possible in the aftermath of the hurricane.

Realizing that members and firms will be affected differently depending on their location and the ultimate path of the storm, we would like to have our members already thinking about ways to assist fellow NCADA firms. Therefore, as you take measures to prepare for the storm, keep in mind ways that you may assist other members if you are not impacted as greatly as others may be. It is our hope that those firms most severely impacted might have access to needed spare furniture, printers, office supplies, and even office space by those members who are not as severely affected.

The forecasted impact of Hurricane Dorian is to our coastal regions. Please do not hesitate to reach out to the NCADA directly or to other members if you are in need of assistance, either professionally or personally. For those of you who are not affected as greatly, we may be contacting you to provide assistance and support for members whose practices and lives are impacted. This may take the form of donating supplies and space, as well as monetary contributions.

From the mountains of western North Carolina to the coast, the strength of the NCADA is in our relationships with one another. We encourage all of our members to consider how you may support each other as Dorian approaches and passes. For those down east, stay safe and do not, hesitate to reach out for support

Lach Zemp, President

NCADA to Receive Janata Award at DRI Annual Meeting

Tue, 27 Aug 2019 14:56:20 GMT

NCADA to Receive DRI’s Janata Award at Annual Meeting in New Orleans

The North Carolina Association of Defense Attorneys (NCADA) is pleased to announce its selection of the Rudolph A. Janata Award presented by DRI, the Voice of the Defense Bar. This national Award recognizes a state or local defense organization that has undertaken an innovative or unique program contributing to the goals and objectives of the organized civil defense trial bar. The Award will be presented at the 2019 DRI Annual Meeting in New Orleans on Friday evening, October 18th.

Taking advantage of today’s societal discourse, NCADA’s Diversity Committee has implemented CLE programming that is relevant both professionally and personally to our members and their clients. These social trending topical discussions range from the #MeToo movement to a discussion on whiteness in America, and from uncovering bias in the practice of law to leveraging diversity in litigation.

NCADA President Lach Zemp observes “This award is testament to the forward-looking programming and hard work of the past and current leadership of the Diversity Committee and the Board.”

NCADA has previously been recognized by DRI with the Janata Award in 2002, and is the only state defense group to date to be presented DRI’s Diversity Award in 2005 and 2012. Please follow this link to read the nomination letter.

Greetings from Asheville

Lynette Pitt — Tue, 25 Jun 2019 18:38:57 GMT

On June 13-16, the NCADA celebrated its 42nd anniversary by hosting its annual meeting at the Grove Park Inn in Asheville. The weather was perfect, the beer was cold, and with just over 200 in attendance, friendships old and new were kindled. A very big thank you to NCADA’s now President-Elect, Allen Smith with Hedrick Gardner Kincheloe & Garofalo, NCADA Executive Director Lynette Pitt and Events Coordinator Jennifer Edwards for organizing and putting on a top-notch program. A few highlights:

** Larry Pozner, nationally renowned guru on cross-examination did not disappoint with his “Three Rules of Cross Examination”.

** Dixie Wells of Ellis & Winters provided a most helpful and cogent summary of the notable appellate decisions over the past year.

** JD Keister of McAngus Goudelock & Courie facilitated one of the most informative panel discussions I have seen on current tactics and strategies employed by Plaintiff’s counsel.

** Laura Mahr of Conscious Legal Minds led us through a session of mindfulness training and techniques for reducing stress.

** We had strong participation from the judiciary – too many to list them all here – but to name a few: Chief Justice Beasley from the NC Supreme Court, Chief Judge Linda McGee from the NC Court of Appeals, federal Judge Martin Reidinger from the Western District of North Carolina, and Judges McGuire, Conrad and Robinson from the NC Business Court.

But, by far, the biggest highlight was the opportunity to visit and spend time with our colleagues, young and old. The NCADA is made up of some the most talented and skilled litigation and trial lawyers from across the entire state representing clients in a wide array of practice areas. As a member, if you are not taking advantage of developing your practice by nurturing your relationships with these colleagues, you are losing one of the strongest benefits of being a member.

Mark your calendars now for two dates:

The NCADA fall meeting at the Grandover in Greensboro on October 4, and

The next annual meeting in Hilton Head on June 11, 2020. This will be an election year so I’m anticipating a large turn-out.

Finally, a quick but deep expression of gratitude to our immediate past president Larry Baker of Willson Jones Carter & Baxley for his strong and steady leadership over the past year.

Hopefully, we’ll see you in Greensboro on October 4.

Lach Zemp
President

G. Gray Wilson Receives 2019 J. Robert Elster Award for Professional Excellence

Tue, 25 Jun 2019 17:14:36 GMT

The N.C. Association of Defense Attorneys (NCADA) has honored G. Gray Wilson, a partner in Nelson Mullins’ Winston-Salem office, with the 2019 J. Robert Elster Award for Professional Excellence at its 42^nd Annual Meeting and Spring Program in Asheville, NC.

The J. Robert Elster Award for Professional Excellence recognizes NCADA members who exemplify the highest standards of professionalism, integrity and ethics and who conduct themselves in a civil, courteous manner with all persons. The recipient must exemplify sustained excellent service to individual and corporate defendants in civil litigation, to the Bar and to the community.

Wilson was recognized for “his steadfast dedication to his clients, unwavering commitment to professionalism and the ethical practice of law, and tireless support of various professional organizations,” according to the NCADA.

Wilson currently serves as president of the North Carolina State Bar and also served the North Carolina Bar Association on its Board of Governors and was president from 2004-2005. He is a Fellow in the American College of Trial Lawyers. He has served on the Board of Directors of Lawyers Mutual Liability Insurance Company since 2006 and has been chair of the board since 2015.

In the community, Wilson has served on the Executive Board of the Boy Scouts of America, Old Hickory Council; on the Board of Directors of the Forsyth Country Day School; and the Board of Trustees of Messiah Moravian Church, which he currently chairs. He is a cum laude graduate of Davidson College and earned his law degree from Duke University School of Law. He was admitted to the practice of law in North Carolina in 1976.

Dan McLamb recipient of the 2019 Award for Excellence in Trial Advocacy

Tue, 25 Jun 2019 17:13:11 GMT

Dan J. McLamb is the recipient of the 2019 Award for Excellence in Trial Advocacy at the North Carolina Association of Defense Attorneys (NCADA) Annual Meeting in Asheville, NC on June 15, 2019.

Awardees of the Award for Excellence in Trial Advocacy are members who have demonstrated over their career sustained excellence advocating for their clients in legal proceedings while maintaining the highest degree of professionalism and who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. McLamb has exemplified these qualities through tireless support and effort for and of his clients.

For his professional endeavors, McLamb has been awarded multiple honors, including:

AV Preeminent rating by Martindale-Hubbell
Best Lawyers in America® Lawyer of the Year (2010, 2012 – 2014)
Best Lawyers in America® since 1995
Chambers and Partners USA – Band 1 healthcare and medical malpractice litigator in North Carolina since 2007
North Carolina Legal Elite Hall of Fame, Business North Carolina magazine since 2007
North Carolina Super Lawyer since 2006 – top vote recipient in 2008, 2010, 2012, 2013

Notable affiliations include:

North Carolina State Bar
American Bar Association
North Carolina Bar Association
Defense Research Institute
North Carolina Association of Defense Attorneys
American College of Trial Lawyers
International Academy of Trial Lawyers
International Society of Barristers
Wake County Bar Association

McLamb is a graduate of the University of North Carolina, Chapel Hill, where he earned both his Bachelor of Arts degree and his Juris Doctorate. He was admitted to the North Carolina Bar in 1974. He is a founding partner at Yates, McLamb & Weyher, LLP in Raleigh, NC where he practices with his wife and founding partner, Barbara Weyher.

NCADA Elects New Officers and Directors at the 42nd Annual Meeting

Tue, 25 Jun 2019 17:07:46 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its 42^nd Annual Meeting the weekend of June 13-16, 2019, in Asheville, NC, swearing in a new slate of Officers and Directors at the close of the meeting.

F. Lach Zemp was elected President. Zemp, a partner of Roberts & Stevens, P.A., has over 25 years of experience trying cases and representing a variety of professional, outdoor-recreation, industry, and business interests in state and federal courts. He obtained his J.D. from Franklin Pierce Law Center in 1990.

Lawrence M. Baker is immediate Past President of the Association. Baker practices with Wilson Jones Carter & Baxley, PA in the firm’s Charlotte office. He has been practicing insurance defense litigation in Charlotte, NC since 1990. Larry handle workers’ compensation and civil litigation matters at both trial and appellate levels. He received his J.D. from Wake Forest University Law School in 1990.

Allen C. Smith assumes the position of President-elect. Smith is a partner with Hedrick Gardner Kincheloe & Garafalo, LLP in Charlotte. He is the leader of the Trucking and Transportation Practice Group and devotes much of his time to defending serious personal injury and wrongful death claims associated with truck accidents and major vehicle negligence. He also defends product liability, construction defect, and premises liability claims. Smith obtained his J.D. from the University of North Carolina School of Law in 1992. He previously served a three-year term on the Board of Directors and one year as Secretary.

Smith was instrumental in securing engaging and informative content and speaker for the two-day CLE program, including nationally renowned speaker and attorney Larry Pozner. Additional speakers included Laura Mahr who presented on maintaining a healthy work/life balance. Other panelists and speakers offered trial strategy and briefed members on current trends and recent decisions.

Sara R. Lincoln was elected Executive Vice President. Lincoln is a partner with Lincoln Derr, PLLC in Charlotte. She has an active trial practice ranging from medical malpractice defense to complex business litigation. Lincoln obtained her J.D. in 1993 from the University of Akron School of Law, magna cum laude. She has previously served a three-year term on the Board of Directors , and was chair of the Association’s Women Litigators Committee and the Medical Malpractice Group.

Ashley K. Brathwaite was re-elected as Treasurer. Brathwaite practices with Ellis & Winters, LLP. Her practice is divided between the representation of health care providers, product manufacturers and distributors, and others facing allegations of liability for a catastrophic personal injury. She obtained her J.D. from Campbell University School of Law in 2005. Brathwaite has served on the Board since 2015 and previously chaired and co-chaired the Women Litigators Committee.

Chris Kiger was elected Secretary. Chris practices with Smith Anderson, LLP. His focus is in the areas of products liability, mass tort, and commercial litigation. He has significant experience representing manufacturers, insurers, and other corporate clients in both state and federal courts, as well as in multi-district litigation. He has successfully handled the defense of litigation involving a broad array of automotive, industrial, consumer, and medical products.

The NCADA welcomed the following new members to the Board of Directors to serve a three-year term ending in 2022:

· Jerri Simmons, Cranfill Sumner & Hartzog LLP
· C. Rob Wilson, III, Hedrick Gardner Kincheloe & Garofalo LLP
· William Rapp, McAngus Goudelock & Courie LLC
· Jonathan Hall, Parker Poe Adams & Bernstein LLP
· David Wisz, Bailey & Dixon LLP

Nominations accepted for 2019 Award for Excellence in Trial Advocacy

Lynette Pitt — Wed, 27 Mar 2019 16:57:20 GMT

Nominations are being accepted for the 2019 Award for Excellence in Trial Advocacy. This Award was established in 2018 to recognize members who have demonstrated over their career sustained excellence advocating for their clients in legal proceedings while maintaining the highest degree of professionalism. This award recognizes members who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. Not only have they consistently obtained favorable results for their clients, they have done so while exhibiting a command of the skills necessary to obtain such results. Importantly, their accomplishments were brought about without sacrificing any of the high ethical and moral standards espoused by the NCADA.

Please nominate a present or past member of the NCADA for consideration as a possible recipient of the Award for Excellence in Trial Advocacy that will be presented at the Annual Meeting, June 13-16, 2019. Your letter of nomination should be addressed to Kenneth Kyre, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609. Alternately, the nomination may be emailed to lynettepitt@ncada.org. The letter should reference the "Award for Excellence in Trial Advocacy" and include the name and current address of your nominee, along with supporting information and any appropriate documentation you believe will help the Awards Committee in making a recommendation to the Board of Directors. Your letter must be received at the Raleigh office no later than Friday, April 19, 2019.

Criteria: The recipient shall be a present, or former, member of the North Carolina Association of Defense Attorneys who has distinguished themselves during career by demonstrating outstanding commitment to trial and appellate advocacy.

Nomination and Selection: Nominations shall be by current members of the NCADA

The Awards Committee shall receive all nominations in confidence. It shall review the nominations, and if a recipient is selected, shall confidentially recommend a recipient of the Award to the Board of Directors of the NCADA. If the Award recipient is approved by the Board of Directors, the Awards Committee shall prepare an outline of the presentation to be made by the President of the NCADA at the Annual Meeting, and shall obtain the Award on behalf of the NCADA for presentation.

The Award is intended as a special recognition, and it is not necessary that an Award be given as often as annually.

Inaugural Recipient: Samuel G. "Sammy" Thompson

Nominations Sought for the 2019 Elster Award for Professional Excellence

Lynette Pitt — Wed, 27 Mar 2019 16:53:24 GMT

Nominations are being accepted for the 2019 J. Robert Elster Award for Professional Excellence. This award, named in honor of the life and career of J. Robert Elster, the second president and a founding member of the Association, recognizes NCADA members who exemplify the highest standards of professionalism, integrity, and ethics, and conduct herself, or himself, in a civil, courteous manner with all persons.

Please nominate a present or past member of the NCADA for consideration as a possible recipient of the Award for Professional Excellence that will be presented at the Annual Meeting, June 13-16, 2019. Your letter of nomination should be addressed to Kenneth Kyre, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609. Alternately, the nomination may be emailed to lynettepitt@ncada.org. The letter should reference the "J. Robert Elster Award for Professional Excellence," include the name and current address of your nominee, along with supporting information and any appropriate documentation you believe will help the Awards Committee in making a recommendation to the Board of Directors. Your letter must be received at the Raleigh office no later than Friday, April 19, 2019.

Criteria: The recipient shall be a present, or former, member of the North Carolina Association of Defense Attorneys. The recipient must exemplify the highest standards of professionalism, integrity, and ethics, and conduct herself, or himself, in a civil, courteous manner with all persons. The recipient must exemplify sustained, excellent service to individual and corporate defendants in civil litigation, to the Bar, and to the community.

Other factors that may be considered are involvement in judicial or other professional educational activities; participation in activities that improve the civil justice system; and such other criteria as the Board or Awards Committee shall determine to be important to the extraordinary achievement intended to be recognized by this Award.

Nomination and Selection: Nominations shall be by current members of the NCADA

The Award is intended as a special recognition, and it is not necessary that an Award be given as often as annually.

Past Recipients

Nominations Accepted for NCADA Board of Directors

Lynette Pitt — Fri, 22 Feb 2019 19:30:00 GMT

The terms of five current members of the NCADA Board of Directors will expire in June 2019. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2019 Annual Meeting through the close of the 2022 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Nominations must be received no later than Thursday, March 7, 2019, 5 p.m.

Welcome, New NCADA Members!

Wed, 30 Jan 2019 16:14:04 GMT

NCADA welcomes 17 new members in January! Please take a moment to check out the list below and see who you know. Don't know anyone? Check out their firm and make a new connection!

Ryan M. Arnold

Gallivan White & Boyd, PA

Christina Banfield

Harris Creech Ward & Blackerby, PA

Alex Blake

McAngus Goudelock & Courie, PLLC

Ann K. Cosper

Simpson Law Firm PLLC

Christian Ferlan

Hedrick Gardner Kincheloe & Garofalo, LLP

Eric Goodheart

Ellis & Winters, LLP

J. William Graebe

Yates McLamb & Weyher, LLP

Richard Haywood

McAngus Goudelock & Courie, PLLC

Brandon Heffinger

Smith Anderson, LLP

Gregory Scott Horner

Goldberg Segalla LLP

Katie Terry Jefferson

Cranfill Sumner & Hartzog, LLP

John Manzo

McAngus Goudelock & Courie, PLLC

Benjamin Charles McManus

Garrison Law Group, PLLC

David A. Pasley
Smith Anderson LLP

Michael E. Phillips

Hagwood & Tipton, P.C.

Caroline Stutts
Simpson Law Firm

Janelle Wendorf

McAngus Goudelock & Courie, PA

Evon Weston
Yates McLamb & Weyher, LLP

Kristina Wilson
Yates McLamb & Weyher, LLP

NCADA Member, G. Gray Wilson, sworn in as President of the North Carolina Bar

Mon, 03 Dec 2018 17:58:48 GMT

NCADA Member, G. Gray Wilson, sworn in as President of the North Carolina Bar

Winston-Salem attorney G. Gray Wilson of Nelson Mullins Riley and Scarborough was sworn in as President of the North Carolina State Bar at the State Bar's Annual Dinner on October 25, 2018. Wilson, a cum laude graduate of Davidson College and graduate of Duke University Law School, has been a member of the NCADA since 1981.

View the article

Appellate Court Candidates' Videos Now Available

Mon, 15 Oct 2018 16:18:25 GMT

On September 28, NCADA held the biennial Fall Seminar and Judicial Candidates' Forum. Videos of the candidates' statements and assigned questions are now available for viewing. Please click here to be redirected to the Judicial Forum Page.

NCADA PAC Endorses Candidates in 2018 Appellate Court Races

Lynette Pitt — Mon, 08 Oct 2018 16:39:11 GMT

Raleigh, NC, October 8, 2018 --- The N.C. Defense Fund, the political action committee of the North Carolina Association of Defense Attorneys, endorses the following candidates seeking seats on the North Carolina Supreme Court and Court of Appeals:

For Associate Justice of the North Carolina Supreme Court, the N.C. Defense Fund endorses

For the Jackson Seat: Barbara A. Jackson for re-election to the Court.

For Associate Judge of the North Carolina Court of Appeals, the N.C. Defense Fund endorses:

For the Arrowood Seat: John S. Arrowood and Andrew T. Heath for election to the Court.
For the Calabria Seat: Jefferson G. Griffin for election to the Court.

The NC Defense Fund made the decision to endorse each judicial candidate based on the following criteria:

Substantial exposure to or appreciation of issues involved in civil litigation;
Commitment to the evenhanded application of the rules governing our courts;
An outstanding reputation in the legal community;
An outstanding record of judicial achievement or possession of the potential to be an outstanding judge.

For more information about the N.C. Association of Defense Attorneys, please contact the Association office at 919-239-4463.

***END***

Special Judicial Candidates' Issue of The Resource

Wed, 26 Sep 2018 17:49:59 GMT

NCADA will hold its biennial Judicial Candidates' Forum on Friday, September 28 at the Grandover in Greensboro, NC. Expected to attend are the 11 candidates for the four open appellate court seats. Each candidate will answer a pre-prepared question and will be available to take questions from those in attendance.

Below is the link to the special edition of The Resource with candidates' biographies. Please share this with your colleagues.

Special edition of The Resource

Chief Justice Martin Issues Order for Counties Subject to Mandatory Evacuation Due to Hurricane Florence

Lynette Pitt — Mon, 17 Sep 2018 20:02:59 GMT

Chief Justice Martin has entered an order extending time for filings in our counties that are subject to the mandatory evacuation.

Preparing for the Storm, A Message from NCADA President

Lynette Pitt — Wed, 12 Sep 2018 01:38:25 GMT

As Hurricane Florence takes aim at North Carolina, we realize the impact this unprecedented occurrence will have on our members, in both their personal and professional lives. We have already canceled one event ahead of the storm, and urge all of you to exercise safety and caution in the days ahead. Hopefully, each of you has prepared, in the best possible manner, for the potential interruption to your businesses, as well as personal lives. The NCADA, as an organization, intends to lend support wherever possible in the aftermath of the hurricane.

If the storm has as much impact on the state as predicted, the NCADA will be reaching out to you in the days and weeks after the storm to assess the various needs in continuing and, in some cases perhaps even rebuilding, their legal practice. For those of you who are not affected as greatly, we will be reaching out to you for help for our brethren more adversely impacted. This may take the form of donating supplies and space, as well as monetary contributions.

Our organization consists of hundreds of wonderful attorneys and individuals. I’m confident that our members will assist their fellow comrades to every extent possible. Our thoughts and prayers are with each of you, especially those on the coast, as you prepare for this storm.

Lawrence M. Baker
President

Disaster and Recovery Resources

Lynette Pitt — Tue, 11 Sep 2018 20:25:26 GMT

Did you know that Lawyers Mutual has a wealth of resources available to help you and your firm prepare should disaster strike? As we are preparing for Hurricane Florence to make landfall, here are some practical resources to help you prepare and recover.

What can we do in the face of Mother Nature to protect ourselves and our clients?
Disaster Preparedness: Is Your Toolkit Complete?
Disaster Planning and Recovery, Risk Management practice guide of Lawyers Mutual
Can Your Firm Survive A Disaster?

Other Resources:

Practice Interruptions Booklet by Practice Pro of Ontario
Planning for Disaster Prevention and/or Recovery by the Texas State Bar
When Bad Things Happen: 60 Minutes to Save Your Practice by the Texas State Bar
Disaster Recovery for Law Firms (excerpt from The Essential Formbook: Comprehensive Management Tools for Lawyers, Volume IV by the ABA)
ABA Committee on Disaster Response and Preparedness website

Sammy Thompson Receives Award for Excellence in Trial Advocacy

Thu, 28 Jun 2018 17:29:16 GMT

Sammy Thompson recipient of the 2018
Award for Excellence in Trial Advocacy

Samuel (Sammy) G. Thompson is the recipient of the 2018 Award for Excellence in Trial Advocacy at the North Carolina Association of Defense Attorneys (NCADA) Annual Meeting in Hilton Head, SC on June 18, 2018. This newly created award is prestigious, and as the first receiver of the award, Thompson sets a high bar for future recipients.

Awardees of the Award for Excellence in Trial Advocacy are members who have demonstrated over their career sustained excellence advocating for their clients in legal proceedings while maintaining the highest degree of professionalism and who are eminently qualified to advocate for clients in state and federal courtrooms. They are considered by the NCADA as among the finest trial lawyers in the state. Thompson has exemplified these qualities through tireless support and effort for and of his clients.

For his professional endeavors, Thompson has been awarded multiple honors, including:

Benchmark Litigation, North Carolina State Litigation Star (2015-2018)
Chambers USA: America's Leading Business Lawyers, Litigation: Healthcare & Medical Malpractice (2015-2017)
Honoree, Top 100 Lawyers list and listed, Personal Injury Defense: Medical Malpractice category, North Carolina Super Lawyers
North Carolina Super Lawyers (2006-2018)

Additionally, Thompson has worked assiduously to better the community around him as was demonstrated by his induction into the Wake County Boys & Girls Club Hall of Fame. Other notable affiliations include:

Defense Research Institute
International Association of Defense Counsel
North Carolina Association of Defense Attorneys
North Carolina Bar Association
North Carolina Society of Healthcare Attorneys
Former President and present Member, Board of Directors of Boys and Girls Clubs of Wake County
Former Chair and Member, Board of Directors of Family Violence Prevention Center (INTERACT)

Thompson received his bachelor’s degree and Juris Doctorate from The University of North Carolina at Chapel Hill. He is a partner at Smith Anderson in Raleigh, NC., and is a founding member of the NCADA and served as president of the organization from 1986 to 1987.

North Carolina Association of Defense Attorneys (NCADA) is a professional organization of over 800 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. Visit us at www.ncada.org .

Ken Kyre Receives J. Robert Elster Award

Thu, 28 Jun 2018 17:25:22 GMT

KYRE PRESENTED PROFESSIONAL EXCELLENCE AWARD

Kenneth Kyre, Jr. Receives 2018 J. Robert Elster Award for Professional Excellence

Kenneth Kyre, Jr., Partner at Pinto Coates Kyre & Bowers, PLLC was the 2018 recipient of the J. Robert Elster Award for Professional Excellence at the 2018 NC Association of Defense Attorneys Annual Meeting, held in Hilton Head, SC June 14-18, 2018.

Kyre, an NCADA member since 1994, served as president of the Board of Directors from 2007 to 2008. He has also been a speaker and planner for the group and has served as Chair of the Products Liability Section. Additionally, Kyre is editor of the NCADA publication The Defender, and was instrumental in overhauling the NCADA’s website.

Kyre has several professional memberships and accolades to his name, including:

Greensboro Bar Association
North Carolina Bar Association
Joint Task Force on Judicial Selection, Member, 2008-2009
E-Discovery Committee, Member, 2008-2010
North Carolina State Bar
American Bar Association
North Carolina Super Lawyer® in Civil Litigation Defense, 2006–2018
North Carolina Super Lawyer® (Corporate Counsel) in Civil Litigation Defense, 2008-2018
AV rating from Martindale-Hubbell
Assistant Editor, LexisNexis Practice Guide: North Carolina Insurance Litigation (2018 Edition).
Author, “North Carolina Insurance Guaranty Association,” Chapter 11 of LexisNexis Practice Guide: North Carolina Insurance Litigation (2018 Edition)
Author, “North Carolina Life and Health Insurance Guaranty Association,” Chapter 12 of LexisNexis Practice Guide: North Carolina Insurance Litigation (2018 Edition)
Co-Author, “The Applicability of the North Carolina Products Liability Statute of Repose to Disease-Based Claims,” 16 The Defender 3-15 (Winter 2008) (publication of the N.C. Association of Defense Attorneys)
Exceptional Performance Citation for 2007–2008 awarded by the Defense Research Institute

He was nominated by his partners in part because, as they wrote: [The qualifications for the award] “look like a summary of Ken’s professional career.”

Kyre received his Bachelor’s degree from St. Andrew’s Presbyterian College, Laurinburg, NC in 1974 and his Juris Doctorate from Wake Forest University School of Law in 1977.

North Carolina Association of Defense Attorneys (NCADA) is a professional organization of nearly 800 attorneys and paralegals who devote a majority of the their time representing the interests of business and individuals in civil litigation. Visit us at www.ncada.org .

NCADA Elects New Officers and Directors at the 41st Annual Meeting

Thu, 21 Jun 2018 18:32:14 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its 41st Annual Meeting the weekend of June 14-17, 2018, in Hilton Head, SC, swearing in a new slate of Officers and Directors at the close of the meeting.

Lawrence M. Baker was confirmed as the 41st President of the Association. Baker practices with Willson Jones Carter & Baxley, PA in the firm’s Charlotte office. He has been practicing insurance defense litigation in Charlotte, NC since 1990. Larry handle workers’ compensation and civil litigation matters at both trial and appellate levels. He received his J.D. from Wake Forest University Law School in 1990.

F. Lach Zemp assumes the position of President-Elect. Zemp, a partner of Roberts & Stevens, P.A., has over 25 years of experience trying cases and representing a variety of professional, outdoor-recreation, industry, and business interests in state and federal courts. He obtained his J.D. from Franklin Pierce Law Center in 1990.

Zemp served as program chair this year and was instrumental in securing engaging and informative content and speaker for the two-day CLE program, including nationally renowned attorney Bill Kanasky. Breakout sessions for the program included topics relating to Construction and Commercial Law, General Liability, Medical Malpractice, Product Liability, Government Liability, and Workers’ Compensation. The diverse group of panelists and speakers offered trial strategy and briefed members on current trends and recent decisions.

Dayatra T. Matthews is immediate Past President. Matthews is Senior Vice President of Legal & Compliance for the Local Government Federal Credit Union in Raleigh. As SVP, she ensures all Credit Union business is conducted in compliance with relevant state and federal laws and regulations. Matthews received her J.D. from Duke University Law School in 1997.

Allen C. Smith was elected to the office of Executive Vice President. Smith is a partner with Hedrick Gardner Kincheloe & Garafalo, LLP in Charlotte. He is the leader of the Trucking and Transportation Practice Group and devotes much of his time to defending serious personal injury and wrongful death claims associated with truck accidents and major vehicle negligence. He also defends product liability, construction defect, and premises liability claims. Smith obtained his J.D. from the University of North Carolina School of Law in 1992. He previously served a three-year term on the Board of Directors, one year as Secretary, and one year as Treasurer.

Ashley K. Brathwaite was elected as Treasurer. Brathwaite practices with Ellis & Winters, LLP. Her practice is divided between the representation of health care providers, product manufacturers and distributors, and others facing allegations of liability for a catastrophic personal injury. She obtained her J.D. from Campbell University School of Law in 2005. Brathwaite has served on the Board since 2015 and previously chaired and co-chaired the Women Litigators Committee.

Sara R. Lincoln was re-elected Secretary. Lincoln is a partner with Lincoln Derr, PLLC in Charlotte. She has an active trial practice ranging from medical malpractice defense to complex business litigation. Lincoln obtained her J.D. in 1993 from the University of Akron School of Law, magna cum laude. She has previously served a three-year term on the Board of Directors , and was chair of the Association’s Women Litigators Committee and the Medical Malpractice Group.

The NCADA welcomed the following new members to the Board of Directors to serve a three-year term ending in 2021:

Martá P. Brown, Butler Weihmuller Katz Craig, LLP
George L. Simpson, IV, Simpson Law, PLLC
Michael P. Thomas, Patrick Harper & Dixon, LLP
Melissa K. Walker, NC Department of Justice
Danielle B. Wilson, The Bank Law Firm

About the NCADA: North Carolina Association of Defense Attorneys (NCADA) is a professional organization of over 800 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. For more information about the NCADA, please contact (919)239-4463 or visit www.ncada.org.

Tips & Techniques: Consider Role of Biomechanics In Accident Determinations

Lynette Pitt — Fri, 23 Mar 2018 18:50:57 GMT

by Peggy A. Shibata, P.E., Senior Consultant

One should always consider the role that biomechanics can play in determining what happened in an accident. First, a person’s height, weight, and typical range of motion are aspects of physical evidence that are relevant for addressing a person’s position, posture, and fit within the accident environment. Secondly, human strength and movement information will help address the capacity of a person to act within the accident sequence. Finally, objective and diagnosed injuries can direct the accident reconstructionist as they indicate where and when a person is placed within the accident sequence and how the accident environment influenced the person.

Nominations Accepted for NCADA Board of Directors

Lynette Pitt — Thu, 01 Mar 2018 21:02:22 GMT

The terms of five current members of the NCADA Board of Directors will expire in June 2018. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2018 Annual Meeting through the close of the 2021 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail or write to the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lpitt@ncada.org; U.S. Mail: 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609.)

Nominations must be received no later than Monday, March 26, 2018, 5 p.m.

Print this page

Nominations Sought for the 2018 Elster Award for Professional Excellence

Lynette Pitt — Mon, 12 Feb 2018 15:00:00 GMT

Nominations are being accepted for the 2018 J. Robert Elster Award for Professional Excellence. This award is named in honor of the life and career of J. Robert Elster, the second president and a founding member of the Association.

Please nominate a present or past member of the NCADA for consideration as a possible recipient of the Award for Professional Excellence that will be presented at the Annual Meeting, June 14-17, 2018. Your letter of nomination should be addressed to J.Nicholas Ellis, Chair, Awards Committee, c/o Lynette Pitt, Executive Director, NCADA, 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609. The letter should reference the "J. Robert Elster Award for Professional Excellence," include the name and current address of your nominee, along with supporting information and any appropriate documentation you believe will help the Awards Committee in making a recommendation to the Board of Directors. Your letter must be received at the Raleigh office no later than Monday, March 19, 2018.

Nomination and Selection:

Nominations shall be by current members of the NCADA. Nominees shall be current or former NCADA members.

The Award is intended as a special recognition, and it is not necessary that an Award be given as often as annually.

Past Recipients:

2017 Leslie C. Packer
2016 John S. Willardson
2015 Hon. Linda Stephens
2014 Harvey L. Cosper, Jr.
2013 James W. Williams
2012 Richard V. Bennett
2011 L. P. “Tony” Hornthal, Jr.

2010 Charles E. Burgin, Jr.
2009 Sam S. Woodley, Jr.
2008 Alan W. Duncan
2007 William K. Davis
2006 J. Donald Cowan, Jr.
2005 James D. Blount, Jr. & Stephen P. Millikin
2004 Richard T. Boyette

Print Nominations Information

Tips & Techniques: 10 Tips For Clients Who Are Their Own Worst Enemy

Lynette Pitt — Mon, 11 Dec 2017 16:00:00 GMT

1. Talk to them. Explain some actions are self-defeating.

2. Teach them. Going to court may be a new experience for them.

3. Get paid first. Money motivates clients.

4. Rehearse. Role-playing can help things go smoother.

5. Warn of consequences. Emphasize the dangers of violating terms.

6. Don't sugar-coat it. This might require blunt talk.

7. Put key advice in writing. This protects both of you.

8. Tell them three times. Repetition helps memory.

9. Prepare a checklist of client do's and don'ts. Review it to stay on track.

10. Offer continuous feedback. Instruct them on how to improve.

provided by

NCADA Elects New Officers and Directors at 40th Annual Meeting

Lynette Pitt — Tue, 27 Jun 2017 16:34:26 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its 40th Annual Meeting the weekend of June 15-18, 2017. New officers and directors assumed new roles within the organization at the close of the meeting.

Dayatra T. Matthews was confirmed as the 40th President of the Association. Matthews is Senior Vice President of Legal & Compliance for the Local Government Federal Credit Union in Raleigh. As SVP of the Credit Union’s Legal and Compliance Department, Matthews is in charge of ensuring all Credit Union business is conducted in compliance with relevant state and federal laws and regulations. Matthews received her J.D. from Duke University School of Law in 1997.

Lawrence M. Baker assumes the position of President-Elect. Baker practices with Willson Jones Carter & Baxley, P.A. in the firm’s Charlotte office. He has been practicing insurance defense litigation in Charlotte, NC since 1990. Larry handles both workers’ compensation and civil litigation matters at both trial and appellate levels. Baker received his J.D. from Wake Forest University School of Law in 1990.

Baker served as program chair this year, and was instrumental in securing engaging and informative content and speakers for the two-day CLE program. Breakout sessions included topics relating to Construction law, Commercial law, General Liability, Medical Malpractice, Product Liability, Government Liability and Workers Compensation. The diverse group of panelists and speakers offered trial strategy and briefed members on current trends and recent decisions.

A. Todd Brown Sr. is Immediate Past President. Brown is a partner with Hunton & Williams practicing in the Charlotte office. He has handled a broad variety of complex litigation in federal and state courts over his 30 years of experience, with an emphasis on commercial disputes, business torts, catastrophic personal injuries, consumer lending, unfair competition, and trade secrets litigation. Brown received his J.D. in 1986 from the University of South Carolina. Brown was presented the “DRI Exceptional Performance Award” and the NCADA recognized him for his year of service during the conference.

F. Lach Zemp was elected to the office of Executive Vice President. Zemp, a partner with Roberts & Stevens, P.A. in Asheville, has over 25 years of experience trying cases and representing a variety of professional, outdoor-recreation, industry, and business interests in state and federal courts. actively litigate cases in a variety of areas, including professional and medical malpractice and licensure cases, commercial / business cases, and products liability cases. He obtained his J.D. from Franklin Pierce Law Center in 1990.

Allen C. Smith was elected to a 1-year term as Treasurer. Smith is a partner with Hedrick Gardner Kincheloe & Garofalo, LLP in Charlotte. He is the leader of the Trucking and Transportation Practice Group and devotes much of his time to defending serious personal injury and wrongful death claims associated with truck accidents and motor vehicle negligence. He also defends products liability, construction defect, and premises liability claims. Smith obtained his J.D. from the University of North Carolina School of Law in 1992. He previously served a 3-year term on the Board of Directors and one year as Secretary.

Sara R. Lincoln was elected to a 2-year term as Secretary. Lincoln is a partner with Lincoln Derr PLLC in Charlotte. Lincoln has an active trial practice ranging from medical malpractice defense to complex business litigation. Lincoln obtained her J.D. in 1993 from the University of Akron School of Law, magna cum laude. She was elected to Secretary after serving a three-year term on the Board of Directors, and past chair of the Association’s Women Litigators Committee and the Medical Malpractice Group.

The NCADA welcomed the following NEW members to the Board of Directors to serve a 3-year term ending in 2020:

Stephen C. Baynard, Ennis Baynard Morton Medlin & Brown, P.A.
Gregory G. Holland, Smith Moore Leatherwood, LLP
Daniel G. Katzenbach, Cranfill Sumner & Hartzog, LLP
Warren T. Savage, Lawyers Mutual Liability Insurance Company of NC
Beth A. Stanfield, Shumaker Loop & Kendrick, LLP

We extend our sincere thank you to retiring Directors for their service:

John P. Barringer, McAngus Goudelock & Courie, LLC
Scott C. Hart, Sumrell Sugg Carmichael Hicks & Hart, P.A.
Justin D. Howard, McGuireWoods
Erin McNeil Young, Hall Booth Smith, P.C.

Continuing their service on the Board of Directors

Ashley K. Brathwaite, Elllis & Winters, LLP
Erin T. Collins, Hedrick Gardner Kincheloe & Garofalo, LLP
Mark A. Leach, Orbock Ruark & Dillard, P.C.
Alan M. Ruley, Bell Davis & Pitt, P.A.
Kirk G. Warner, Smith Anderson, LLP
Hunt K. Choi, City of Raleigh
H. Mark Hamlet, Hamlet & Associates, PLLC
Sonny Haynes, Womble Carlyle Sandridge & Rice, LLP
J.D. Keister, McAngus Goudelock & Courie, LLC
William M. Starr, Nelson Mullins Riley & Scarborough, LLP

40 Years and Counting...NCADA Beginnings

Lynette Pitt — Mon, 29 May 2017 15:30:00 GMT

On June 4, 1977, a group of 35 North Carolina lawyers gathered in the center of the state at the Howard Johnson Motel off I-85 in Greensboro. Their purpose was to establish an organization that would represent the professional and educational interests of North Carolina’s civil defense trial bar.

At the urging of a former President of DRI, Edward K. Mullins of South Carolina, J. Robert Elster, then DRI State Chairman for North Carolina, enlisted the help of William K. Davis and they canvassed peers and colleagues to determine if there was interest in a statewide civil defense organization. A small working group met to construct the initial goals and purposes of the organization, prepare articles of incorporation and the first set of Bylaws, and compile a list of attorneys who would be interested in participating in this new association.

At that Saturday morning meeting in June 1977, this small group of 35 established the initial board of directors, decided upon the organizations objectives, membership qualifications and began future planning. William K. Davis agreed to serve as the first president and J. Robert Elster, Jr. as president-elect.

NCADA began its first full year with 136 charter members adding an additional 19 by year end.

The Association held its first Annual meeting in the spring of 1978 in Pinehurst, North Carolina and the first annual Fall Seminar in November again in Pinehurst. The Annual Meeting and Fall Seminar continue to be the flagship educational and networking offerings for NCADA members today.

Forty years later, NCADA has grown to almost 900 civil trial attorneys and paralegals whose practices areas range from the traditional insurance defense practice to complex commercial cases. The NCADA has established a significant presence in the state’s legal community, the judiciary, the legislature and with North Carolina’s business community.

1977-1978 Founding Board
William K. Davis, Chair
Henry L. Anderson, Jr.
J. Robert Elster, Jr.
John G. Golding
Perry C. Henson, Sr.
Steve P. Millikin
Grady S. Patterson, Jr

List of Charter Members

NCADA Member Traditions: 2G Members

Lynette Pitt — Fri, 26 May 2017 19:27:32 GMT

Second Generation Members (2G Members)

Following in the footsteps of a parent is a tradition in many families such as when children trod the same professional path as their parents.

At NCADA, we have members who embraced that tradition by following a parent into the legal profession, the defense practice and becoming a Second Generation (2G) member. This year we recognize these current 2nd generation members. Let us know if we missed you!

2G Members	1st Gen Members (current & former members)
Josh Bennett, Bennett & Guthrie, PLLC	Richard Bennett, Bennett & Guthrie, PLLC
Jeanette Byrum, Stiles Byrum & Horne, LLP	Henry Byrum, Stiles Byrum & Horne, LLP
Cameron Caudle, Caudle & Spears, PA	Lloyd Caudle*, Caudle & Spears, PA
Justin Davis, Mullen Holland & Cooper, PA	Neal Davis**, Mullen Holland & Cooper, PA
Matthew Flammia, Teague Campbell Dennis & Gorham, LLP	Dayle Flammia, Teague Campbell Dennis & Gorham, LLP
Benjamin Gallop, Hornthal Riley Ellis & Maland, LLP	Marshall Gallop**, Battle Winslow Scott & Wiley, PA
Perry Henson, Jr., Henson & Talley, LLP	Perry Henson, Sr.*, Henson Law Firm
Phil Hornthal, III, Hornthal Riley Ellis & Maland, LLP	Tony Hornthal*, Hornthal Riley Ellis & Maland, LLP
Lee Johnson, Jr., Anderson Johnson Lawrence & Butler, LLP	Lee Johnson, Sr., Anderson Johnson Lawrence & Butler, LLP
Brooks Pope Miller, Hedrick Gardner Kincheloe & Garofalo, LLP	Jim Pope, Golding Holden & Pope, LLP
Andrew Pinto, Pinto Coates Kyre & Bowers, PLLC	Rick Pinto, Pinto Coates Kyre & Bowers, PLLC
Joshua Rotenstreich, Teague Rotenstriech Stanaland Fox & Holt, LLP	Kenny Rotenstreich, Teague Rotenstriech Stanaland Fox & Holt, LLP
Michael Thomas, Patrick Harper & Dixon, LLP	Steve Thomas**, Patrick Harper & Dixon, LLP
Samuel "Bo" Thompson, Jr., Yates McLamb & Weyher, LLP	Sammy Thompson, Smith Anderson LLP

*charter member **retired

Collaboration and Education: The Benefits of using the NCADA Discussion Forums

Lynette Pitt — Tue, 25 Apr 2017 19:30:00 GMT

by Erin Collins, Director, NCADA Board of Directors

The NCADA’s website now contains an online resource that connects the entire membership for discussion of trending issues, experts, recent case law, CLE, and any other topic of interest. These discussion forums are designed to allow NCADA members to easily engage, interact and brainstorm with each other from anywhere at any time by simply logging onto the NCADA’s website and using the forums.

What are these forums?:

The discussion forums were added to the NCADA website as a part of its recent update. The NCADA website contains forums for the following practice groups: Commercial Law, Construction, Employment Law, Government Law, General Liability, Medical Malpractice, Product Liability, and Workers’ Compensation. Additionally, the Young Lawyers Committee, the Women Litigators, and the Paralegals also have their own discussion forums. Members can choose to be a part of any or all of these forums.

The forums allow NCADA members to discuss any issue of interest with other members that are involved in the same practice groups or committees. So far NCADA members have used the forum in several different ways:

Workers’ compensation practitioners used their discussion forum to collaborate regarding the impact of recent appellate court decisions;
A construction law attorney used the construction law forum in his search of an expert;
The general liability forum was used to brainstorm an attorney’s strategy for dismissing an untimely appeal to the Court of Appeals; and
The paralegal forum was used to discuss an upcoming CLE.

These are all important topics and it is evident that insight from other members would be helpful to the inquiring members.

How do we access these forums?:

To use these forums, follow the below easy steps.

Step 1. Easy Log In. Go to www.ncada.org. Click "Log In" at the top right hand corner. If you have not logged in yet and set your new password, go to "Forgot Password" to have a "Reset Password" email sent to you, then create your preferred password (min of 7 characters; max of 50; case sensitive). Then access the site. Email lynettepitt@ncada.org if you have problems.

Step 2. Go to Members Area/Forums. Here there will be a list of available Forums for each practice group, paralegals, women litigators and young lawyers. You may participate in any one or all!

Step 3. Subscribe. Select your Forum(s) of interest. Click the 'Subscribe to forum' link on the top right hand corner. Once subscribed, you will receive email notifications of updates to any of the topics in the Forum with links to the new or updated topics. You may even subscribe to individual topics.

Step 4. Create a Discussion Topic. Access the Forum of interest. A 'Create topic' button is at the top of this page which will take you to a template to create your message. Then 'Create' to post and replies will come directly to your mailbox.

Step 5. Manage Your Preferences. The default notification for Forums is a daily email. You may change the frequency of the email notifications from daily to weekly or immediately.

To change your Forum subscription settings, go to the Email subscriptions page within your member profile and click the Edit Profile button. Additionally, in the Forum subscriptions section, you can unsubscribe from forums and topics and change the frequency of forum update notifications. Do not forget to click 'Save' to save your changes.

How do we convert these forums to a tool that can be useful to our members?:

This answer is simple: we must use it. The goal is to maximize the amount of useful information being provided to the discussion boards. The higher volume of members using this forum will translate to more traffic, more information, and more diverse perspectives on any given topic. Please subscribe to your forums of interest and consider using the forums when searching for information. Please also consider sharing your expertise when another member needs information.

NCADA members generally have online access at almost any time of the day and regularly need expert information, case law updates, and brainstorming sessions. The NCADA discussion forums could be an extraordinarily helpful tool if regularly used by the membership. If we all commit to subscribing to discussion forums of interest, the discussion forums have an opportunity to become a valuable part of the NCADA membership.

Thank you for your assistance in this endeavor!

Nominations Accepted for NCADA Board of Directors

Lynette Pitt — Mon, 27 Mar 2017 18:45:00 GMT

The terms of five current members of the NCADA Board of Directors will expire in June 2017. Nominations for the five vacant Director positions are now being accepted to serve a three year term beginning at the close of the 2017 Annual Meeting through the close of the 2020 Annual Meeting.

Director responsibilities include:

Regular attendance and participation at quarterly meetings of the Board;
Membership recruitment and retention;
Contributing and participating in Association programs and services;
Other individual responsibilities as required.

To qualify for a position on the NCADA Board of Directors, the nominee should

Be a member in good standing with the North Carolina State Bar and the North Carolina Association of Defense Attorneys; and
Shown commitment and support of the NCADA through regular attendance at the NCADA's Annual Meeting, other programs and activities.

The following information should be included in the nomination:

1) Member Name, Firm, contact information and a brief biographical sketch;

2) Brief statement by the nominee of his or her availability and commitment to actively serve as a member of the Board, or as a practice group leader;

3) Brief statement why nominee would like to serve as a member of the Board of Directors, or as a practice group leader.

Persons interested in submitting a nomination may E mail or write to the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: lpitt@ncada.org; U.S. Mail: 3700 National Drive, Ste 212, Raleigh, NC 27612).

Nominations must be received no later than Monday, April 10, 2017, 5 p.m.

Nominations Sought for 2017 J. Robert Elster Award for Professional Excellence

Lynette Pitt — Tue, 28 Feb 2017 21:28:49 GMT

Nominations are being accepted for the 2017 J. Robert Elster Award for Professional Excellence. This Award is named in honor of the life and career of J. Robert Elster, the second president of the Association.

Please nominate a present or past member of the NCADA for consideration as a possible recipient of the Award for Professional Excellence that will be presented at the 40th Annual Meeting, June 15-18, 2017. Your letter of nomination should be addressed to J. Nicholas Ellis, Chair, NCADA Awards Committee, 4030 Wake Forest Road, Ste 203, Raleigh, NC 27609. The letter should reference the "J. Robert Elster Award for Professional Excellence," include the name and current address of your nominee, along with supporting information and any appropriate documentation you believe will help the Awards Committee in making a recommendation to the Board of Directors. Your letter must be received at the Raleigh office no later than Friday, March 24, 2017.

Nomination and Selection:

Nominations shall be by current members of the NCADA

The Award is intended as a special recognition, and it is not necessary that an Award be given as often as annually.

PAST RECIPIENTS

2016 John S. Willardson
2015 Hon. Linda Stephens 2009 Alan W. Duncan
2014 Harvey L. Cosper, Jr. 2008 William K. Davis
2013 James W. Williams 2007 J. Donald Cowan, Jr.
2012 Richard V. Bennett 2006 James D. Blount
2011 L. P. "Tony" Hornthal, Jr. 2006 Stephen P. Milliken
2010 Charles E. Burgin 2005 Richard T. Boyette

Judicial Candidates' Forum - Access Candidate Videos Here

Lynette Pitt — Tue, 18 Oct 2016 01:11:06 GMT

NCADA's ninth biennial Judicial Candidates' Forum was held on Friday, September 30th. The Forum featured candidates running in statewide elections for seats on the North Carolina's Appellate Courts. Each candidate briefly discussed his or her qualifications and answered a brief question regarding areas of concern for businesses, civil defense attorneys and their clients. In addition to the videos by race, candidate profiles and statements of candidacy statements are available in this special issue of The Resource. Please download and share with colleagues, clients and friends.

N.C. Defense Fund Endorses Judicial Candidates for 2016 Appellate Races

Lynette Pitt — Mon, 10 Oct 2016 15:02:00 GMT

For Associate Justice of the North Carolina Supreme Court, the N.C. Defense Fund endorses for the Edmunds Seat: Robert H. Edmunds, Jr.

For Associate Judge of the North Carolina Court of Appeals, the N.C. Defense Fund endorses:

For the Geer Seat: Margaret P. Eagles for election to the Court.

For the Stephens Seat: Linda Stephens for re-election to the Court.

For the Hunter Seat: Robert J. Hunter, Jr. for re-election to the Court.

For the Dietz Seat: Richard Dietz for election to the Court.

For the Zachary Seat: Valerie Johnson Zachary for election to the Court.

The NC Defense Fund made the decision to endorse each judicial candidate based on the following criteria:

Substantial exposure to or appreciation of issues involved in civil litigation;
Commitment to the evenhanded application of the rules governing our courts;
An outstanding reputation in the legal community;
An outstanding record of judicial achievement or possession of the potential to be an outstanding judge.

The N.C. Defense Fund is the political action committee of the North Carolina Association of Defense Attorneys. The North Carolina Association of Defense Attorneys [NCADA] is a professional association for lawyers and paralegals defending the interests of individuals and businesses in civil litigation. Current membership stands at approximately 900 attorneys and paralegals from across the State.

For more information about the N.C. Association of Defense Attorneys, please contact the Association office at 1-800-233-2858.

***END***

Judicial Candidates' Forum to be Held September 30, 2016

Lynette Pitt — Mon, 19 Sep 2016 17:00:00 GMT

The North Carolina Association of Defense Attorneys (“NCADA”) will hold a Judicial Candidates' Forum on Friday, September 30, 2016 from 11:15 a.m. to 12:30 p.m. The Forum will feature judicial candidates running in statewide elections for seats on the North Carolina Supreme Court and the North Carolina Court of Appeals. The appellate races are statewide races that impact all citizens of North Carolina.

Twelve candidates seek election for six open appellate level judicial seats - two candidates for North Carolina Supreme Court and six candidates for North Carolina Court of Appeals. A special appellate candidates publication providing Information about each candidate may be found on the NCADA’s website at www.ncada.org under the Judicial Candidates’ Forum page under the events link or here.

The Forum will be held at the Grandover Resort & Conference Center in Greensboro, North Carolina in conjunction with the annual Fall Seminar. More than 300 attendees are expected.

***END***

NCADA Sponsors IOPL Hometown Debates in September

Lynette Pitt — Mon, 29 Aug 2016 20:00:00 GMT

The North Carolina Association of Defense Attorneys (“NCADA”) is pleased to participate as a sponsor of the NC Institute of Political Leadership’s (IOPL)**** Hometown Debates. Partnering with local chambers of commerce, IOPL will host three debates featuring key down-ballot races for lieutenant governor, attorney general, and state treasurer.

The live debates will be held on consecutive Tuesday nights in September. Candidates for lieutenant governor, Linda Coleman and Dan Forest, will debate in Wilson at Barton College’s Kennedy Theater on September 13. Candidates for attorney general, Buck Newton and Josh Stein, in Asheboro at the Sunset Theater on September 20. The final debate will be between candidates for state treasurer, Dan Blue III and Dale Folwell, at the Statesville Civic Center on September 27. Each debates will begin at 7 p.m. and is open to the public.

The debates will air on UNC-TV’s NC Channel one day after each event at 9 p.m., and will be broadcast live on radio stations that are part of the NC News Network. The candidates will be questioned by local newspaper editors in each of the three locations.

NCIOPL is a non-partisan, non-profit organization whose mission is to educate future political and community leaders in modern campaign strategy, ethical decision making, and governance, such that its participants will have a sound grounding in ethical behavior, consensus building, and cooperative and collaborative leadership. No other program in North Carolina offers such a comprehensive curriculum in strategic, nonpartisan political leadership development.

The NCADA is a professional association for civil trial attorneys defending individuals and businesses in North Carolina. For more information about the NCADA or the Judicial Candidates' Forum, please contact the Association office at 919-239-4463 or lpitt@ncada.org.

*** End ***

The New and Improved Notary Handbook

Lynette Pitt — Tue, 23 Aug 2016 14:30:00 GMT

The new 2016 Notary Handbook is the first update in 10 years, replacing the 2006 edition. It is now available for purchase from the UNC School of Government bookstore.

All notaries are required to have the most recent manual as a reference guide (NC Gen Stat § 10B-5(b)(7)).

This is a great revision of the previous edition and includes more information on the types of transactions notaries may not participate in, red flags, and tips for avoiding trouble situations.

This edition is available in print and is now in two E-Book formats

Tip provided by Lawyers Mutual

Tips on Managing Your Time Wisely

Lynette Pitt — Wed, 27 Jul 2016 20:30:00 GMT

One difference between successful, happy lawyers and frustrated, unhappy ones is time management.

The first group manages their time wisely. They prioritize, delegate and plan ahead.

The second group mismanages their time. They procrastinate, miss deadlines and are late for appointments.

Here are some tips on adding timeliness in your practice:

Start with yourself.
Take care of the important things.
Record your time.
Budget your time.
No salvation in systems.
Prioritize.
Just say no.
Delegate.
Develop a niche.
Don’t procrastinate.
Call Lawyers Mutual if you miss a deadline.

More practice management tips at: http://www.lawyersmutualnc.com/blog.

Willardson Presented Professional Excellence Award

Lynette Pitt — Tue, 28 Jun 2016 16:38:22 GMT

John S. Willardson of Willardson Law Firm in Wilkesboro, NC, is the 2016 recipient of NC Association of Defense Attorneys highest award. The J. Robert Elster Award for Professional Excellence recognizes NCADA members who exemplify the highest standards of professionalism, integrity and ethics and who conducts themselves in a civil, courteous manner with all persons. The recipient must exemplify sustained excellent service to individual and corporate defendants in civil litigation, to the Bar and to the community.

Willardson, an NCADA member since 1984, served as President from 2000 to 2001 after more than a decade of active service as a leader in the Association. At the national level, Willardson served as NC’s State Representative to DRI, the voice of the defense bar, from 2004 to 2007, and then on DRI’s Board of Directors as the Mid-Atlantic Regional Director from 2007 to 2010. Other professional activities include:

North Carolina State Bar Councilor for the 23rd District (current);
Member of the Chief Justice’s Commission on Professionalism;
Member of the North Carolina Bar Association’s Dispute Resolution Council and the Committee for the Independence of the Judiciary;
Recipient of NCBA’s Citizen Lawyer Award in 2015;
Immediate Past President of the 23rd Judicial District Bar;
Past President of the UNC Law Alumni Association;
Past President of the Wilkes County Bar Association.

Additionally, Willardson is a tireless volunteer in his community. In 2010, he was inducted into the YMCA’s Red Triangle Society by the YMCA of Northwest North Carolina. Induction into the Red Triangle Society is the highest honor a Y volunteer can receive. Recipients demonstrate long-term and significant commitment, enthusiasm and dedication to the Y’s mission. Other community service activities include:

Chair of the Wilkes Family YMCA Board of Managers;
Chair of the Wilkes Family YMCA Annual Giving Campaign and served as a member on the Bandits Triathlon Committee, Board Development Committee, Finance Committee and Membership Committee;
Chaired the Merlefest Committee and worked as an event volunteer running the concession stand;
Board member for the North Wilkesboro Kiwanis Club, Wilkes Adult Developmental Activity Programs Inc., Hospice, Wilkes Art Gallery, Wilkes Babe Ruth League baseball and Wilkes Flying Club.

Willardson is a native of Santa Monica, California and has lived and practiced in Wilkesboro, North Carolina for over 35 years after graduating from UNC-Chapel Hill, where he completed a double major in Spanish and political science. He served in the Army before attending UNC Law School where he obtained his J.D. in 1972.

John Willardson is a true leader in the law and a servant leader in his community.

North Carolina Association of Defense Attorneys (NCADA) is a professional organization of nearly 900 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. Visit us at www.ncada.org.

Dixie Wells Presented 2016 Outstanding Volunteer Award

Lynette Pitt — Fri, 24 Jun 2016 20:00:00 GMT

The North Carolina Association of Defense Attorneys (NCADA) recently presented Dixie T. Wells with the Outstanding Volunteer Award for 2016. This Award recognizes an NCADA member or members for exceptional contributions and spotlights those who have gone “above and beyond” in his or her contributions to the organization.

Dixie Wells is a partner with Ellis & Winters, LLP practicing in the firm’s Greensboro office where she represents clients in lawsuits involving engineering issues, higher education law, complex commercial transactions, and products liability. Wells and other members of the firm have carried on a tradition of providing a comprehensive appellate case law update twice annually at the NCADA’s Annual Meeting and Fall Seminar formerly led by firm partner emeritus, J. Donald Cowan, Jr. This bi-annual presentation provides a comprehensive analysis of recent case law.

NCADA is pleased to recognize Wells for her invaluable contributions.

About the NCADA: North Carolina Association of Defense Attorneys (NCADA) is a professional organization of nearly 900 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. Visit us at www.ncada.org.

NCADA Elects New Officers and Directors at 39th Annual Meeting

Lynette Pitt — Tue, 21 Jun 2016 18:36:18 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its 39th Annual Meeting in Asheville, North Carolina June 15-19, 2016. Several officers assumed new roles within the organization this year.

A. Todd Brown was confirmed as the 39th President of the Association. Brown is a partner with Hunton & Williams practicing in the Charlotte office. He has handled a broad variety of complex litigation in federal and state courts over his 30 years of experience, with an emphasis on commercial disputes, business torts, catastrophic personal injuries, consumer lending, unfair competition, and trade secrets litigation. Brown received his J.D. in 1986 from the University of South Carolina.

David W. Hood is Immediate Past President. Hood is a partner with Patrick Harper & Dixon, LLP in Hickory. He is a trial attorney with a wide-ranging civil practice. His concentrations include Insurance Defense, Business Disputes, Construction Law, Bankruptcy – Creditors’ Rights, and Collections. He is also a certified mediator, helping to settle cases pending in both state and federal court. Hood received his J.D. from the University of North Carolina School of Law in 1991. Hood was presented the “DRI Exceptional Performance Award” and the NCADA recognized him for his year of service during the conference.

Dayatra T. Matthews assumes the position of President-Elect. Matthews is Senior Vice President of Legal & Compliance for the Local Government Federal Credit Union in Raleigh. As SVP of the Credit Union’s Legal and Compliance Department, Matthews is in charge of ensuring all Credit Union business is conducted in compliance with relevant state and federal laws and regulations. Matthews received her J.D. from Duke University School of Law in 1997. Matthews served as program chair this year, and was instrumental in securing engaging and informative content and speakers for the two-day CLE program. Breakout sessions included topics relating to Construction law, Commercial law, General Liability, Medical Malpractice, Product Liability, Government Liability and Workers Compensation. The diverse group of panelists and speakers offered trial strategy and briefed members on current trends and recent decisions.

Larry M. Baker was elected to the office of Executive Vice President. Baker practices with Willson Jones Carter & Baxley, P.A. in the firm’s Charlotte office. He has been practicing insurance defense litigation in Charlotte, NC since 1990. Larry handles both workers’ compensation and civil litigation matters at both trial and appellate levels. Baker received his J.D. from Wake Forest University School of Law in 1990. Baker previously served a 3-year term as a member of the Board of Directors and one year as Secretary.

Allen C. Smith was elected to a 2-year term as Secretary. Smith is a partner with Hedrick Gardner Kincheloe & Garofalo, LLP in Charlotte. He is the leader of the Trucking and Transportation Practice Group and devotes much of his time to defending serious personal injury and wrongful death claims associated with truck accidents and motor vehicle negligence. He also defends products liability, construction defect, and premises liability claims. Smith obtained his J.D. from the University of North Carolina School of Law in 1992. He previously served a 3-year term on the Board of Directors and is a past chair of the General Liability Practice Group.

F. Lach Zemp was elected to a 2-year term as Treasurer. Zemp, a partner with Roberts & Stevens, P.A. in Asheville, has over 25 years of experience trying cases and representing a variety of professional, outdoor-recreation, industry, and business interests in state and federal courts. actively litigate cases in a variety of areas, including professional and medical malpractice and licensure cases, commercial / business cases, and products liability cases. He obtained his J.D. from Franklin Pierce Law Center in 1990.

The NCADA welcomed the following NEW members to the Board of Directors:

Hunt K. Choi, Deputy City Attorney, City of Raleigh
H. Mark Hamlet, Hamlet & Associates, PLLC, Wilmington
Sonny S. Haynes, Womble Carlyle Sandridge & Rice, LLP, Winston-Salem
J.D. Keister, McAngus Goudelock & Courie, LLP, Raleigh
William M. Starr, Nelson Mullins Riley & Scarborough, LLP, Charlotte

ABOUT the NCADA: North Carolina Association of Defense Attorneys (NCADA) is a professional organization of nearly 900 attorneys and paralegals who devote a majority of their time representing the interests of business and individuals in civil litigation. For more information about the N.C. Association of Defense Attorneys, please contact (919) 239-4463 or visit www.ncada.org.

####

The Three B's: Progress of the Past Year

Lynette Pitt — Wed, 25 May 2016 17:30:00 GMT

David W. Hood, President, 2016-2017

Well, here is something most folk have been looking forward to! This is my last President’s Message before the NCADA Presidency is passed to my worthy successor, Todd Brown from the Charlotte office of Hunton & Williams. It has been a true honor and pleasure for me to serve in this capacity, and to have this opportunity to say a few words at the beginning of each issue of The Resource.

When I took over last June, I suggested a plan of action for our organization that had three components. First, I challenged us to “Broaden our Base”, a focus on recruitment. There has been significant progress on this front. We have used new methods to encourage our current members to find and propose new members. Also, we now have some expectations in place for Board members and others to be involved in this process, not just the Membership Committee. As part of our recruitment efforts, we have also reached out to subsets of our members, such as Trucking and Financial Services, to determine what we can do better to cater to their needs and thus encourage others in such practice areas to join. The Immediate Past President now serves as the chair of the Membership Committee, so I look forward to continuing our progress in this area during the 2016-17 year.

Second, I challenged the NCADA to “Bolster our Brand.” I suggested that we refine our messaging and our story to better communicate who we are, what we do, and where we want to be. This has involved an increased role for Practice Group leadership in programming and communications, an initiative to better identify us as THE voice for lawyers in North Carolina who represent business interests, and a stated goal to deepen our already strong commitment to diversity in the leadership of our organization. I believe we have also made good gains in this second part of our plan, and this will continue in the Fall as we participate with other statewide organizations in the sponsorship of a series of candidate debates for the November elections.

Third, I proposed that we as an organization “Boost our Benefits” so that NCADA members get even more bang for their buck. In addition to our normal programming, one way we boosted our benefit this year was to start the first NCADA Winter Workshop in January. This was a CLE focused on general programming in the morning for everyone, with the whole afternoon devoted to Practice Group-specific topics. Thanks to the hard work of the CLE chair J.D. Keister, Lynette, and others, this was a great addition to our offerings that I hope will continue in future years. We also have Board members working on new projects such as a Speakers Bureau, an Expert Witness Database, and help for NCADA members who serve as mediators.

So, in short. Progress made, and more progress expected going forward. I’d like to thank our Board, and especially the five members about to rotate off, for their hard work this year. I’d like to thank all the Practice Group and Committee leaders for putting up with my seemingly endless requests for assistance and leadership in carrying out this little plan of mine. I’d like to praise our current Executive Committee for their dedication to the growth and development of our organization. And, of course, I’d like to highlight the awesomeness that is Executive Director Lynette Pitt – without her, ain’t nuthin good gonna happen no how for the NCADA.

Take Advantage of Opportunities

Lynette Pitt — Wed, 27 Apr 2016 17:45:20 GMT

David W. Hood, President, 2015-2016

Hello again, and welcome to our April edition of the NCADA’s monthly newsletter, The Resource. This month I want to remind you all that while membership in the NCADA is a good first step towards improving your practice, involvement in the necessary next step. There are several opportunities coming up for you to take this next step, and I encourage you to take advantage.

First, of course, we have the Annual Meeting in June. Additional information is available elsewhere in this issue, but right now I want to focus on one of the many reasons you should be registering for this event in Asheville. There will be a number of judges in attendance, from both the trial and appellate courts, as well as the Industrial Commission (the new Chair Charlton Allen included.) This is an excellent chance to get to know these folks apart from representation in particular cases, and that knowledge will help you become a better advocate and a better lawyer overall. Given the number of social events forming part of this year’s programming, making those contacts with not only the judiciary but fellow lawyers from around the state will be easy, and, in my opinion, extremely productive. So go to our awesome ncada.org website and register today.

Second, if you are able to be in the Raleigh area on May 12, you should sign up to attend the Judicial Reception to start at 5:30 at Jimmy V’s Osteria and Bar. We sponsor these judicial receptions at five different locations in North Carolina, and they are another great way to meet and greet the judiciary and fellow lawyers in your area. I have been to several of these outside of my geographic region, and can tell you the value of this type of networking even if you just happen to be in the area from out-of-town. This is not a seminar, so no programming per se, but just an opportunity for social interaction. Use it.

Finally, new members or those without heavy NCADA involvement so far often ask me how best to become more involved. In addition to going to events as mentioned above, the next thing to do is to contact the Practice Group leadership in one or more of your areas of practice, and offer to help. (Other options would include the Committees for Young Lawyers, Women Litigators, and Diversity). The Chairs and Vice-Chairs are always looking for help, and would be glad to put you to work in some fashion. Become the type of person that folk can rely on for assistance – that could lead all sorts of places for you, including into leadership positions if you are interested in that. The leadership team for Practice Groups and selected Committees is profiled elsewhere on the ncada.org website, for your convenience.

I hope to see you at a future NCADA event!

David

Continuing Our Mission To Strengthen Your Practice

Lynette Pitt — Wed, 23 Mar 2016 22:28:48 GMT

David W. Hood, President, 2015-2016

Hello again, NCADA members and hangers-on! As current President of our organization, I want to bring y’all up to speed on a few things happening in our world as we continue our mission to strengthen the practice of lawyers who defend individuals and represent business in civil litigation.

Probably the most important topic right now would be the ongoing preparations for our Annual Meeting, to take place for the first time this year in Asheville, June 16-19, at the Omni Grove Park Inn. The convention location (Grove Park) is fabulous, June in Asheville is fabulous, and the program is shaping up to be just as fabulous! The Annual Meeting is not only our organization’s best opportunity to get to know other defense lawyers and judges from around the state, it is also both educational and fun. Go to the website link and register today. Yes, I mean right now. You can come back to this column afterwards.

We just hosted our first Winter Workshop back in late January, with general session topics in the morning and Practice Group-specific programming in the afternoon. This was a trial run, and I believe was a big success. We had a nice turnout, and some truly excellent presentations at The Solution Center in Durham, right off I-40. If you missed it you, well, really missed something – but if you did attend and have not yet given us feedback, please do so. We want to use that input to plan an event better workshop for early 2017.

It is also the time of year when NCADA leadership positions rotate to new folk. If you have ever wanted to get more involved in your particular Practice Group, or in the organization as a whole, this would be a great opportunity to contact me, Executive Director Lynette Pitt, or our President-Elect Todd Brown about how you can become active in a committee, group, or project of the organization. We’d love to talk to you about your interests in that regard.

Finally, with the General Assembly about to go back to Raleigh for its “Short Session”, as well as with important cases always cycling through our appellate courts, I wanted you all to know that the NCADA will continue its role of helping to advocate for our positions with each branch of state government. We have an active Legislative Committee that works with our lobbyist, Bob Kaylor, on pending bills. We provide assistance and advice to members of both the legislative and executive branches on appointments and other important issues. Through our Amicus Committee, we advocate directly for legal principles important to our membership pending in the Court of Appeals and Supreme Court. The NCADA is an active organization, and we are proud of that fact.

Thanks for your own involvement with the NCADA. See you in Asheville!

Nominations Sought - 2016 J. Robert Elster Award for Professional Excellence

Lynette Pitt — Mon, 29 Feb 2016 19:58:42 GMT

Nominations are being accepted for the 2016 J. Robert Elster Award for Professional Excellence. In honor of the life and career of J. Robert Elster, the second president of the Association, the NCADA renamed this Award in 2007.

Please nominate a present or past member of the NCADA for consideration as a possible recipient of the Award for Professional Excellence that will be presented at the Annual Meeting, June 16-19, 2016. Your letter of nomination should be addressed to David W. Hood, President, c/o Lynette Pitt, Executive Director, NCADA, 3700 National Drive, Ste 212, Raleigh, NC 27612. The letter should reference the "J. Robert Elster Award for Professional Excellence," include the name and current address of your nominee, along with supporting information and any appropriate documentation you believe will help the Awards Committee in making a recommendation to the Board of Directors. Your letter must be received at the Raleigh office no later than Friday, March 25, 2016.

Nomination and Selection: Nominations shall be by current members of the NCADA.

The Award is intended as a special recognition, and it is not necessary that an Award be given as often as annually.

Print nominations memo

A Challenge to Every Member

Lynette Pitt — Fri, 29 Jan 2016 22:30:00 GMT

David W. Hood, President, 2015-2016

Folks, it's your NCADA President here again with an official welcome to this month's edition of our newsletter, The Resource. This month I want to issue a challenge to every member who is reading this. Stop what you are doing, right now, and pay attention. This is important.

Membership organizations need to add new members just to keep up with natural attrition of the membership list, if nothing else. And the way that the vast majority of new people join an organization is for a current member to ask them. Just like for every other civic or professional club, this is true for the NCADA.

I need your help, dear member. Think of someone with whom you are dealing in a current case. Could be counsel for a co-defendant. Could be opposing counsel. Could be another lawyer in you own firm with whom you handling the case. It just needs to be a lawyer who primarily represents business , government entities, or insureds in civil litigation. Think of someone that you are not sure is a current NCADA member, someone you think would be a good addition but you can't remember ever seeing them before at an NCADA event.

Double-check to see if this prospect if already a member. This is easy to do now on our spiffy new website. Here's the link you need: http://ncada.org/NCADA-Directory.

I know you're still with me. You gots the name. Now, gets the email and/or phone number. You know what is coming next - ask them to join! Yes. I mean right now. Send the email. Or, if you are really chicken and would rather someone else ask them, send the contact info to me at dhood@phd-law.com and I'll do it.

This is a process I went through myself several times since I became Prez. And it has worked most of the time - the majority of folk I have asked have said yes. I'm not asking you to contact a buncha people. Just one.

And when you have done this successfully, let me know so I can use your story to encourage others to do this. It is VERY easy. And it is VERY important. Thanks for your commitment to the NCADA!

NCADA Seminars are a Wonderful Thing

Lynette Pitt — Mon, 30 Nov 2015 21:41:24 GMT

David W. Hood, President, 2015-2016

Hello out there to everyone in NCADA-land! This is your friendly neighborhood President, here again to focus your attention on another aspect of the NCADA experience. In my earlier messages, I focused on membership recruitment being a "wonderful thing" and then on involvement in NCADA activities being a "wonderful thing." Keeping with that theme, I want to concentrate this month on our CLE offerings. Which are, well, wonderful in my opinion.

As you know, our two big CLE events of the year are the Fall Seminar in Greensboro and the Annual Meeting in June, which this coming year will be held in Asheville for the first time. In addition to these, we usually have several half or full day programs scattered throughout the year, put on by one or more committee or Practice Group of our organization.

I am pleased to announce that, for the first time, we have decided that instead of starting those additional programs from scratch every year, we will put on a Winter Workshop in January - a full day seminar including general topics for everyone in the morning, and then area-of-practice-specific content put on by all of our Practice Groups in the afternoon. We hope this will be a significant added benefit to our membership, as well as to non-members as well. Not only will the event help to get those last minute CLE hours before the February deadline, it will allow time for our Practice Groups to have organizational meetings, networking, and educational programming that is much more focused on practice-specific topics. The Fall and Annual meetings have great content, but our members that have very specific practices could probably benefit very much from an entire afternoon of CLE geared to developments in their respective areas.

The event will be held in Durham, at The Solution Center on January 29. More details are available elsewhere in this issue. Thanks to J.D. Keister of McAngus Goudelock in Raleigh for heading up this effort, to all the Practice Groups and committees involved in pulling it off, and to Lynette Pitt for her facilitation of the whole process. They have done their jobs - now it is up to you! Support this effort by coming, by encouraging other lawyers in your office to come, and by participating in the organizational meeting and educational programming planned for the Practice Group to which you belong.

It's a great chance to get in on the ground floor for an event we hope will become a permanent part of our NCADA offerings. See you at the Winter Workshop in January!

Involvement is a Wonderful Thing

Lynette Pitt — Tue, 27 Oct 2015 16:30:38 GMT

David W. Hood, President 2015-2016

Welcome to this edition of the NCADA's monthly publication, The Resource! In my last message, I argued for the proposition that Membership is a Wonderful Thing. And, well, it is.

Now let me propose another thought - Involvement is a Wonderful Thing. Membership in the North Carolina Association of Defense Attorneys is great, of course, but in order to truly utilize this opportunity both to enhance your practice and improve as a lawyer, I encourage you to get up off that bench and get into the game!

How should you start? I think a great beginning would be to check out our spiffy new website at www.ncada.org. If you are relatively new to the organization, it should help you get acclimated to our organization, our leadership, and our programming. There are forums available for discussion of current topics of relevance to our eight Practice Groups and other committees. You can read content from past issues of The Resource.

Once you get your feet wet, try to determine which part of our mission seems most relevant either to your current practice or what you want your practice to become. If you would like to become more involved in, say, the Commercial Litigation Practice Group, then contact the current Chair Greg Holland and volunteer to help him with planning CLE material, or writing for The Resource, or begin a discussion thread on the Commercial forum on the website. If, on the other hand, you would like to offer your brief-writing services for our Amicus program, contact Committee Chair George Simpson about what opportunities may exist in that area. If you want to help promote diversity in our organization, then contact our Diversity Committee Chair Viral Mehta and see how you can contribute.

There are a multitude of possibilities open to you. Your first step, though, it to make the decision to step out of those shadows of non-involved membership. Put yourself into the sunlight of vibrant, active participation in this talented group we call the NCADA. If you want to discuss more generally how we can best benefit from your awesomeness, then by all means contact our Executive Director Lynette Pitt, or you can take your chances with an email to me, your current President, at dhood@phd-law.com.

Without your help, we cannot become all we could be. Come on, do it. You know you want to.

NCADA Membership is a Wonderful Thing

Lynette Pitt — Fri, 28 Aug 2015 19:04:17 GMT

David W. Hood, President 2015-2016

Welcome to this month’s edition of the NCADA’s monthly newsletter The Resource. Thanks to the hard work of our Communications committee, Lynette, and our leadership on the Board and in the Practice Groups, The Resource has been a welcome addition to the In-Boxes of lawyers and judges all over North Carolina. As current President of the organization, I want you folks not only to enjoy and learn from what you read, but also be inspired to become more involved in the activities of the NCADA. We welcome your submissions for future issues. We welcome your attendance at our upcoming Fall Seminar in Greensboro (details available elsewhere in this issue.) We welcome your involvement in our Practice Groups, our Committees, and the Forums on our newly-redesigned NCADA website.

This month, though, I want to specifically welcome you to join me in the recruitment of new members for our organization. If you attended the Annual Meeting this past June and heard my little speech upon taking office, you already know that my main focus this year is to revitalize our membership initiatives. I call it “Broadening Our Base.” NCADA membership is a wonderful thing, but there are plenty of lawyers out there who have not yet heard the good news. It’s time for a little evangelism.

Tracy Tomlin at the Charlotte office of the Nelson Mullins firm is chair of a reconstituted Membership Committee, along with members from other geographic areas of our state – Allan Tarlton (Asheville), Kevin Williams (Winston-Salem), Justin Howard (Raleigh) and Dan Morton (Wilmington). While they are going to take the lead in certain membership initiatives this year, they cannot do this job by themselves. So what can the involved and committed NCADA member do to help this effort? Three things.

1) While-You’re-At-It. Many of you are handling at least one case right now in which a lawyer representing another party in the case would be a good member of the NCADA but has not yet taken the plunge. Identify that person, verify with Lynette or otherwise whether that person is already a member, and if not then mention it to them, in person or otherwise. We have a little flyer you can email that person, along with a membership application. Don’t be tellin’ me you can’t do this – you can. It’s not hard. If each of us were able to find one new member this year just from this one initiative, we would more than meet our growth goal for the whole year.

2) Be-An-Ambassador. You may well be in a firm right now with a number of folks who practice in the areas NCADA serves, but those lawyers are not members of the NCADA. You joined because you thought it was good for your practice to be a member of our organization. You were right. Now it’s time to share that story with someone else in your firm. Be the Prometheus who brings Fire to that person.

3) Consider-Your-Clients. Many of us work with in-house lawyers on a regular basis. The NCADA can be a nice home for that person as well. If you have a prospect, ask Lynette about how we handle membership for in-house lawyers, and y’all figure out the best way to make the pitch. The benefits to us are obvious. The benefits to them are quality CLE, networking, and engagement on issues of mutual importance to NCADA members and our clients.

Won’t you join with me and take action on Membership? You’ll be glad you did.

Judge Linda Stephens Receives 2015 Elster Professionalism Award

Lynette Pitt — Tue, 30 Jun 2015 13:00:00 GMT

Judge Linda Stephens has been awarded the J. Robert Elster Award for Professional Excellence for 2015 by the NC Association of Defense Attorneys (NCADA).

This Award, named in honor and recognition of J. Robert Elster, a founding member and second president of the NCADA, recognized current and past members who exemplify the highest standards of professionalism, integrity and ethics and conducts him or herself in a civil, courteous manner with all persons. The recipient must exemplify sustained excellent service to individual and corporate defendants in civil litigation, to the Bar and to the community.

Judge Stephens is especially deserving of this recognition by the members of the NCADA having achieved many "firsts' in her career. She served as the first female law clerk for Chief Judge Hedrick at the NC Court of Appeals, the woman lawyer to join the law firm of Teague Campbell Dennis & Gorham and that firm's first female partner. She is among the first female members of the NCADA, the first female to serve as president in 2001-2002, the first President of the NCADA to receive the Fred H. Seivert Award from DRI, which recognizes the outstanding president of all state defense organizations, and she is the first NCADA president to serve as a judge on the North Carolina Court of Appeals. It is only fitting that Judge Stephens be the first female recipient of this Award - an award that was established under her leadership as NCADA president.

In addition to her many career successes, Judge Stephens is truly dedicated to service: to her clients; her friends; to the many, many animals that she’s fostered, mothered and nursed; and now to the people of the State of North Carolina.

The NCADA is pleased to recognize Judge Linda Stephens as the 2015 recipient of the J. Robert Elster Award for Professional Excellence.

NCADA Past Presidents Presented Awards at NCBA 2015 Annual Meeting

Lynette Pitt — Fri, 19 Jun 2015 13:30:00 GMT

John S. Willardson was one of the 2015 recipients of the NCBA's Citizen Lawyer Awards. Willardson was recognized for his volunteer work with local non-profits such as the Wilkes Family YMCA, Hospice of Wilkes, as well as other groups. Willardson served as NCADA president in 2000-2001.

Alan W. Duncan is the 11th recipient of the Dr. I. Beverly Lake Public Service Award presented by the North Carolina Bar Association. Duncan was presented the award at the 2015 NCBA Annual Meeting on Friday, June 19th, in Asheville. Duncan is a past president of the NC Bar Association (2013-2014) and the NCADA (1994-1995).

NCADA Elect New Board Members & Officers at 38th Annual Meeting

Lynette Pitt — Mon, 15 Jun 2015 14:00:00 GMT

The North Carolina Association of Defense Attorneys (NCADA) held its 38th Annual Meeting in Hilton Head Island, South Carolina June 11-14^th 2015. Several officers assumed new roles within the organization this year.

David W. Hood was confirmed as the 38^th President of the Association. Hood is a partner with Patrick Harper & Dixon, LLP in Hickory. He is a trial attorney with a wide-ranging civil practice. His concentrations include Insurance Defense, Business Disputes, Construction Law, Bankruptcy – Creditors’ Rights, and Collections. He is also a certified mediator, helping to settle cases pending in both state and federal court. As president, Hood plans to focus on growing and expanding the membership of the Association. Hood received his J.D. from the University of North Carolina School of Law in 1991.

Edward F. Hennessey, IV is Immediate Past President. Hennessey is a shareholder with Charlotte law firm, Robinson Bradshaw & Hinson, P.A. His litigation practice includes the representation of claimants and defendants in construction, corporate and other business-related litigation. Hennessey received his J.D. from Cornell University in 1988. During his year as president, he focused on enhancing the association’s profile with the legislature and within the business community with a special focus on judicial and administration of justice issues. Hennessey was presented the “DRI Exceptional Performance Award” and the NCADA recognized him for his year of service during the conference.

A. Todd Brown assumes the role of President-Elect. Brown served as program chair this year, and was instrumental in securing engaging and informative content and speakers for the two-day CLE program. Breakout sessions included topics relating to Construction law, Commercial law, General Liability, Medical Malpractice, Product Liability, and Workers Compensation. The diverse group of panelists and speakers offered trial strategy and briefed members on current trends and recent decisions. Brown is a partner with Hunton & Williams practicing in the firm’s Charlotte office. Brown received his J.D. from the University of South Carolina School of Law in 1986 and previously served as NCADA Executive Vice President.

Dayatra T. Matthews was elected to the office of Executive Vice President. Matthews is Senior Vice President of Legal & Compliance for the Local Government Federal Credit Union in Raleigh. As SVP of the Credit Union’s Legal and Compliance Department, Matthews is in charge of ensuring all Credit Union business is conducted in compliance with relevant state and federal laws and regulations. Matthews received her J.D. from Duke University School of Law in 1997 and previously served as Secretary of the Association.

Lawrence M. Baker was elected to a 2-year term as Secretary. Baker has been practicing insurance defense litigation in Charlotte, NC since 1990, joining Cranfill Sumner & Hartzog, LLP in 2002. Larry handles both workers’ compensation and civil litigation matters at both trial and appellate levels. Baker received his J.D. from Wake Forest University School of Law in 1990. Baker previously served a 3-year term as a member of the Board of Directors.

Julia E. Dixon, continues to serve as Treasurer. Dixon is a shareholder with Young Moore & Henderson, PA, in Raleigh. She served a one-year term on the Board of Directors and as Worker’s Compensation practice group. She served as the primary bill drafter for several significant pieces of legislation to reform the Workers’ Compensation Act and continues to provide feedback on proposed rules of the Commission. Dixon received her J.D. from the University of North Carolina School of Law in 2001.

The NCADA welcomed the following NEW members to the Board of Directors:

· Ashley K. Brathwaite, Ellis & Winters, LLP, Raleigh
· Erin T. Collins, Hedrick Gardner Kincheloe & Garofalo, LLP, Wilmington
· Mark A. Leach, Orbock Ruark & Dillard, PC, Winston-Salem
· Alan M. Ruley, Bell Davis & Pitt, P.A., Winston-Salem
· Kirk G. Warner, Smith Anders, LLP, Raleigh