In June 2008 veteran volunteer attorney Mark E. Sullivan of Raleigh addressed the annual meeting of the Iowa State Bar Association on the topic of re-employment rights for Reservists and forming a military committee for the ISBA. In July Mark was twice in Washington, DC conferring with US Senate and House staffers for the Armed Services Committee and the Veterans Affairs Committee about legislation involving custody of children for service members who are deployed overseas. Mark has practiced family law in Raleigh since 1976. He has published more than 70 articles and a book on family and military law ["The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families," which is published by the ABA and is now in its 2nd printing.]. Mark served 4 years in the U.S. Army and retired as a colonel in 2002 after 30 years in the Army Reserves, at which time he was awarded the Legion of Merit as "the Army's foremost expert in family law." Mark is now Chair of the Military Committee of the ABA Family Law Section. The Wake County Volunteer Lawyers Program (VLP) is very fortunate that Mark has been a member of our team since the VLP was first organized. As you can see, he is a national treasure.

Jeremy T. Browner is a volunteer attorney who is currently working with the LANC-Durham Office . Pursuant to 27 N.C.A.C. 1D, Rule .0905(a)(3) of the NC State Bar, Jeremy T. Browner is the first lawyer to receive an "Order Granting Pro Bono Practice by Out of State Lawyer." Jeremy has been with LANC-Durham Office for the past few weeks and has already began working on cases in the consumer area. Browner was featured in a 08/10/08Herald-Sun article, "Durham newcomer practicing law for free."

Benn A. Brewington, III spent 10 years holding various global account and project management positions with two Fortune 10 companies before he joined the staff at Parker Poe Adams & Bernstein, LLP. He now represents businesses, local governments and non-profits in all types of civil litigation before federal and state courts and various commissions and boards. Then one day in April 2008, Parker Poe Partner Jay Butler asked Benn to try something just a bit different: representing a mother and her adult daughter get restitution from their landlord for property damage and personal discomfort resulting from [believe it or not] bedbug infestation. (Yes, there really are bedbugs, and they really do bite--hard!) Benn's skill as a corporate lawyer was a real asset on this case. He convinced the company that owns the apartment complex to pay the ladies $3,300 for their trouble and to agree to give them positive references with future landlords if asked. The clients, of course, were delighted. The "bono" in "pro bono" works both ways. Concerning this experience, Benn told the Wake County Volunteer Lawyers Program, "It was a pleasure. I work daily with matters that have multi-millions of dollars at stake, but getting [these ladies] that $3,300 was the most rewarding work I've done. I will definitely be speaking to you again, hopefully before the year is out, as I plan to take on additional work with your team."

When you hear that a Legal Aid client has a real estate problem, your first thought is that it probably involves foreclosure or an heir property issue. However the skills of real estate expert CHRISTOPHER M. WYNE (of Monroe, Wyne & Wallanc, P.A.) were required to restore the Supplementary Security Income and Medicaid benefits of a 28 year old disabled man in rural Wake County. Approximately 5 years ago, this gentleman and his mother sold 3 tracts of land to pay off some medical bills. The property tax records showed that the client was still joint owner of part of the land, and his benefits were stopped because it appeared he had an unreported asset. Chris determined that though the client and his mother intended to fully transfer all property in his name at the time, due to errors in the description of certain deeds he was still the legal owner of part of it--a tract of land now occupied by a gentleman who only spoke Spanish. The Hispanic gentleman was the legal owner of a different tract that was occupied by a neighbor lady, who thought she was the legal owner. With the assistance of mortgage broker, Anthony Brannon, of Meridian Residential (who speaks Spanish), all was explained to the parties, who then agreed to agree to execute cross-deeds with the consent of his lender) one Corrective Deed of Trust so that all the parties in this small rural neighborhood are now own the residences where they in fact reside. The client was divested of the property interest he previously owned. All past due taxes were paid by the parties. Title insurance policy endorsements required to reflect the proper titling of the property interests were obtained at no expense from Chicago Title Insurance Company. Attorney Jennifer Simmons of the Legal Aid of NC Raleigh office then represented the client's case with the Social Security Administration. In early June the client was advised that he will collect back payments of nearly $16,000 and $425 a month in benefits beginning July 2008.

Three cheers for Troutman Sanders attorneys Pankaj Shere, Ben Fisher, and paralegal Tracy Bowling, who just saved one small household in Raleigh a wad of money they didn't have. A creditor sued the husband for approximately $20,000 based on an alleged breach of an automobile financing agreement. On its face, the creditor's complaint appeared to be a case of clear-cut liability. However, Shere and Fisher dug through the North Carolina General Statutes and raised several affirmative defenses and presented a case that was potentially ripe for a dispositive motion. When the case was set for trial, the settlement negotiations quickly began. The Troutman Sanders "dream team" convinced the opposing party to accept $2500 as a full and final settlement of the claim. Shere and Fisher, both senior associates with Troutman Sanders, said they were "happy to help a hard-working and dedicated father get out of a sticky situation." Now this family of 5 can afford gas and groceries for the rest of the year.

Early in 2007, a very frustrated divorced mother of 3 children living in an apartment complex in a small NC town asked Legal Aid of NC (LANC) for help. She and her children had lived in 3 different apartments in the same apartment complex, and each apartment had been flooded when plumbing pipes burst. Due to her very small income from her job, the client had no funds to replace her family's ruined personal property and no money to move them into better circumstances. Further, the client's renter's insurance had been cancelled because of the size and frequency of her perfectly legitimate claims, and the apartment owner refused to reimburse her for her personal property or to make other than cosmetic repairs to the leaking pipes. This client had also reported that at least 10 other tenants were having the same experience she had with the flooding. Sure enough, another low-income tenant came to Legal Aid with an identical complaint. Fortunately for both these clients, Robert C. Van Arnam of the Hunton & Williams Raleigh office agreed to provide assistance to these clients. Within 90 days, Rob had persuaded the owners of the apartment to reimburse these clients for the full amount they requested so that they could replace their damaged property. That result alone would have been a very happy ending to the story, but there was more to come. In March 2008, Rob learned that the greater result of his efforts is that the apartment owners have replaced all the plumbing in the complex, thereby improving the quality of available housing to low-income individuals in one rural township.

Professor Deborah Weissman has been named to an endowed professorship, the Reef C. Ivey, II Distiguished Professor of Law, which is awarded to a "faculty member of senior rank...[with] experience in the practice of law [who] shall have developed an outstanding accomplishment as a teacher, scholar, and practitioner or jurist, with preference given to a person in corporate or international law." Professor Weissman teaches domestic violence law, civil lawyering process, and a new imigration/human rights policy clinic. Shewas the 2005-06 recipient of the UNC Pro Bono Faculty of the Year Award. Weissman served as exeutive director of Legal Services of North Carolina, 1996-98. She joined the faculty of the UNC School of Law in 1998. [Click here to read the full article from "Carolina Law Alumni News",Fall edition.]

James Wild ('04 UNC-School of Law) retired from UNC-s economics department after teaching for more than 35 years and then enrolled as a full-time law student at UNC. The 69-year-old lawyer specials in elder law and volunteers his services at local senior centers. "He saw a need to help people with elder-care issues...," said Maccene Brown, Managing Attorney with Legal Aid of NC's Pittsboro Office. "He contacted us to sayhe had time to help. This kind of volunteer effort helps us expand and makes equal access to justice meaningful." Legal Aid ofNC schedules time for Dr. Wilde's clients.[Click here to read the full article from "Carolina Alumni Review", July-August 2007 edition.]

Attorney Julia W. Hampton of Poyner & Spruill's Raleigh office recently obtained a $30,600 judgment for a 63-year-old disabled widow who resided in Raleigh. The client had paid paid over $10K to a self-styled real estate broker in Smithfield for a doublewide mobile home and the land where it was situated. Shortly after moving in, the client was notified by the Sheriff's office that the house was soon scheduled for a foreclosure sale. The foreclosure sale became final on 1/30/06. The house was sold back to Wells Fargo. The "broker" reneged on his offer to refund the money he collected from the client. Julia has been an active member of the Wake County Volunteer Lawyers Program since 2004. Poyner & Spruill attorneys have been pillars of the VLP since it was founded in 1982.

Charles Holton, of the firm Womble Carlyle Sandridge & Rice, PLLC, recently negotiated and favorably settled a housing matter, which included property damage and personal injury claims, on behalf of a low-income tenant who was referred through the volunteer lawyers program at Legal Aid of NC in Durham. Due to landlord negligence, the client's ceiling had collapsed under the weight of many gallons of water ruining all her furnishings and personal property. After visiting the client's home, compiling and assessing medical records, and sending a demand letter for damages to the landlord, Holton quickly brought financial relief to the injured party. Holton also counseled the client regarding investment of the settlement proceeds. As a partner with Womble Carlyle Sandridge & Rice, PLLC, Holton has continued his long-term commitment to serving the low-income community through his work on his firm's pro bono committee. He has spent countless hours helping the Legal Aid staff recruit new pro bono attorneys, train them, and help match them with different legal projects being handled by Legal Aid of NC. He again enthusiastically helped develop a partnership of pro bono lawyers between his firm and corporate attorneys from the Research Triangle Park to help low-income families in Durham with their legal problems. Thank you, Mr. Holton!

The LANC-Sylva office is grateful for the skill and generosity of attorney Rod Kight (of Kight Law Office, Sylva and Asheville). Since 2005, Rob has handled 10 bankruptcy cases pro bono and has pledged to do even more. Most recently he took the case of a Sylva client who worked hard her entire life, only to be abandoned and divorced by her husband when she became disabled. Constant harassment by people seeking to collect on debts that she could not pay were making her already great emotional and physical distress worse. Rod says that "It is our responsibility as attorneys to give back to the community if we can." And give back is exactly what he does. He serves on the 28th Judicial Bar's Pro Bono section, where he is one of the Chairs of the Consumer Protection Section. Rod also serves on the Board of Directors for the Consumer Credit Counseling Service of Western North Carolina.

In May 2004 volunteer attorney David Coats (of Bailey & Dixon, LLP in Raleigh) accepted as a pro bono referral the case of a 54-year-old lady who had been totally disabled for two years following an automobile accident. Her previous disability insurance provider had been denying payment of her long term disability benefits for the entire time. Her only household income was support for her 2 teenaged nephews who lived with her. In April 2007, David sent the client $47,482.39 from the insurance company, representing benefits payable from September 2002 through April 2007, plus past-due interest on those benefits. "As a senior litigation attorney for his law firm, Mr. Coats is a busy man," says Celia Mansaray, LANC's PAI Coordinator, "but he still took time out to help our client. Thank you, Mr. Coats!"

Jeannette Reeves received the prestigious 2006 Cleveland County Volunteer Lawyers Program Service (VLP) Award during the Cleveland County Bar's regular meeting on Tuesday, March 27, 2007. Reeves, an attorney with the law firm Teddy and Meekins in Shelby, NC, provided individual client pro bono services, co-counseled strenuously with a Legal Aid attorney in a family law case, and served on the Local Advisory Council of Legal Aid of NC-Gastonia Office for the three county area (Cleveland, Gaston, and Lincoln counties). "Jeannette sets the best example of attorneys who strive to provide access to the legal system for those who otherwise could not afford a lawyer", said Becki Lowder, coordinator for the Cleveland County VLP. "Not only is she a good lawyer, Jeannette is kind, a good listener, and patient. These personal characteristics show in every area of her life; all of us are fortunate to know Jeannette." Reeves is a graduate of the West Virginia School of Law and has worked with Teddy & Meekins since 2004. Reeves specializes in the areas of social security law, family law, and personal injury law.

Kimberly Parker, Esq.
Corporate Intellectual Property Department
Glaxo Smith Kline

Seven years ago, a recently divorced young mother of two suffering with lupus made a difficult decision to move back to her mother's home.Though the father of the children lived in the area and visited the children on occasion, it was the maternal grandmother who cared for the children as the young mother's health continued to decline. Within weeks of the mother's death in May 2006, the maternal grandmother was served with a temporary restraining order filed by the father of the children and they were removed from her home and placed with their father. The grandmother came to Legal Aid of NC and volunteer attorney Kimberly Parker,(Glaxo Smith Kline, RTP) who had never appeared in court in North Carolina, agreed to accept the case. Parker was immediately immersed in the case defending the protective order. She filed an answer and counterclaim in the custody action and continued to prepare for the next hearing. Parker represented the grandmother at a hard-fought hearing and ultimately the court granted temporary joint legal custody to the father and the grandmother. Both children now spend most of their time with their grandmother. Sharon Council, PAI Coordinator stated, "I was most impressed with the energy that Ms. Parker invested in this case. She rose to the challenge of a difficult, emotional case and helped her clients navigate the legal system to reach a successful result. This case was another example of the impact that volunteer attorneys can make in the lives of our clients."

Raleigh volunteer attorney Louis B. Meyer III (Poyner & Spruill LLP) recently closed an estate case involving a will caveat that had gone on for close to four years. Mr. Meyer represented two of the decedent's five siblings as caveators. The caveators claimed that the decedent's sister-in-law forged the decedent's signature on his supposed will before his death, naming herself and her husband primary beneficiaries of the decedent's rather sizeable estate. The caveators secured the entry of an order to "freeze" the decedent's estate and accounts before the sister-in-law, who was executor of the decedent's estate, could distribute the estate assets to herself and her husband under the challenged will. The will caveat was recently resolved pursuant to a family settlement agreement, and the sister-in-law, in her capacity as executor, had to write checks to the caveators and other surviving siblings. She also had to write a check for the expense incurred for the services of a forensic handwriting expert, whose opinion supported the caveators' claim that the decedent's signature on the challenged will was forged.

A single mother attempting to support herself and her 12-year-old son on her income of $210 a week (that's $10,920 a year) needed a car to get to work. She was sold a "clunker" for several thousand dollars by a used car company, who then sold her account to a finance company. The dealership claimed the client didn't turn in a promised car for a trade-in and sued her in Small Claims Court. Volunteer attorney Jerry Hartzell (Hartzell & Whiteman, LLP) counter-sued and brought a third party claim against the finance company. During this process, the car the client bought was repossessed, leaving her with nothing but a new debt of several thousand dollars. The Small Claims Court decision went against the client; Jerry appealed. On appeal the entire deal was rescinded, and the client no longer owes anything to anyone. This client's circumstances present a picture all too common among poor people in North Carolina. People need transportation to get to minimum wage jobs. Minimum wage jobs don't pay for very good cars, so people end up getting "bamboozled" in situations like this. Then, if not for attorneys like Jerry (and you), they end up in worse shape than before they made their bid for financial independence.

After communicating with more than a dozen attorneys, the Ansleys contacted the local Volunteer Lawyers Program (VLP). Wake County attorney and volunteer lawyer Doug McClanahan (The McClanahan Law Firm agreed to represent Ansley and his wife in the matter....At the time he accepted the case, McClanahan had thought he might spend 50-100 hours on it. However, the case made the front page of the paper, and the State dismissed the case with prejudice in short order. The CEO of the UNC Health System was quoted in the local paper as saying that from now on, patients who qualify for financial aid or who make a good-faith effort to pay their bills will not be referred to the Attorney General's office for collection...."The VLP and Jerry have given me the opportunity that keeps me coming to work each day. For that, I am thankful."
[Click here to read full article.]

Brian Darer (ofParker Poe Adams & Bernstein, LLP-Raleigh Offfice) represented a 77-year-old, functionally illiterate widow who supplemented her $570 monthly government pension by cleaning houses and businesses. Some of her customers--who advertised themselves as professional psychics--used her name and other personal information to set up various accounts for themselves with phone and credit card companies, and then defaulted on payments to all. By the time the widow understood what had happened, several judgments were entered against her and parties were beginning to take action on them. In scarcely four months, Brian had all adverse credit notations removed from her credit report, judgments against her set aside and cases pending against her dismissed. Brian then proceeded to file a civil complaint against "the psychics," who opted to settle the matter by paying approximately $10,000 over a period of 18 months.

Wake County volunteer attorneys Addie K.S. Ries and MatthewD.Rhoad (Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan) have brought another pro bono case to a successful conclusion. (They do that a lot.) This time they represented the mother of two young children, whose landlord had unlawfully disposed of the client's belongings after an eviction proceeding. The case was settled for $40K, secured by a confession of judgment from the landlord. The client received the first $10K in October and reported that she has begun buying back the essentials for her family--including beds for her children, who have been sleeping on inflatable mattresses since the summer.

Pro bono attorney Sylvia King Kochler of the law firm of Hunton & Williams has recently achieved a victory for our wheelchair bound client in negotiating with Allstate Insurance Company to have them pay for a new 2006 Dodge Grand Caravan handicap modified van valued at $42,410. After being denied relief since his 1980 motor vehicle accident, Kochler was successful in arguing that the new handicap modified van was a "medical necessity".The client is understandably thrilled and thankful to Sylvia King Kochler. Congratulations and THANKS to Sylvia King Kochler for her hard work and tenaciousness!!!

The Mecklenburg Bar News, March 2006.] Volunteer Lawyers Program www.Meck Bar

"Rookie Attorney Wins!"
Erin Maxon (of Moore & Van Allen PLLC) joined the Mecklenburg County Bar in April 2005 and took on her first pro bono case for Legal Aid of North Carolina (LANC) in September 2005. She won a substantial ($55,125) judgment against a landlord for a tenant who has severe health problems and who is unemployed. "Not bad for her first court appearance," joked Tony Lathrop, Maxon's mentor from Moore and Van Allen PLLC. [Click here to read article, "Rookie Attorney Wins!",from The Mecklenburg Bar News, March 2006.]