Chief Justice Martin has entered an order extending time for filings in our counties that are subject to the mandatory evacuation.
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.
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.
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
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.
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:
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:
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 .
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.
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.
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:
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 .
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:
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.
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.
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:
To qualify for a position on the NCADA Board of Directors, the nominee should
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 or write to the Nominating Committee in care of Lynette Pitt, Executive Director (E mail: firstname.lastname@example.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.
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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.
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. Nominees shall be current or former NCADA members.
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.
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
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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.
North Carolina Association of Defense Attorneys
4030 Wake Forest Road, Ste 203 Raleigh, NC 27609
Phone: 919-239-4463 | Toll Free: email@example.com