by: Catherine Brown, North Carolina Center on Actual Innocence 

I’ve always wanted to see Wicked the musical. When I heard about the movie adaptation starring Cynthia Erivo and Ariana Grande, I talked about it endlessly until my husband finally bought me a single ticket and bid me farewell on my 2 hour and 41-minute journey to the Land of Oz. 

While I was not and will never be one of the viewers unapologetically singing along to the musical cues, I loved every minute of the screenplay despite the cinematography that was so colorful it could blind you. Within the first few minutes, I realized it would be just as impossible to ignore all of the metaphors and allegories in the film as it would be to ignore the howling and chattering of an army of Oz’s flying monkeys circling above me.

Of course, the parallels will present themselves differently to every viewer or perhaps not at all for some, but I admittedly felt a slight heaviness in my chest and a tightening of my throat – and worried maybe just maybe my heart would grow three sizes right there in that very theatre as I listened to the story of the Wicked Witch of the West who – spoiler – is not so wicked after all.

Here's the background on this Shiz. Glinda (formerly, Galinda) arrives at Oz’s Shiz University with her sparkly personality and more pink suitcases than a Delta cargo space could hold, in hopes of being Madame Morrible’s star pupil in sorcery. Elphaba also arrives at Shiz University with her green skin and supernatural powers but only to drop off her younger sister, Nessa Rose. An unexpected showing of her supernatural powers leads Madame Morrible to enroll Elphaba in Shiz University. 

Elphaba has to share a room with Glinda despite their initial hatred or “loathing, unadulterated loathing!” for one another. With the wave of a wand, the two suddenly become friends when Glinda who was trying to embarrass Elphaba at a school dance by lending her a heinous black hat to wear, learns Elphaba insisted that Glinda also be allowed to study under the prestigious Madame Morrible’s professorship. Elphaba’s request was made in return for Glinda’s insistence that another student asks Nessa Rose to the dance. This was her polite yet manipulative effort to avoid having to go with him to the dance herself. Of course, the two maintain their differences as Elphaba fights against the injustices around her and stands up for the animals who were once wise and intelligent professors at the University but are suddenly losing their voices and soon to be silenced forever. Meanwhile Glinda, on the other hand, swoons over the handsome, rebellious prince, Fiyero Tigelaar, who unbeknownst to him, is going to marry Glinda as she proudly proclaims to Elphaba when the two exchange their biggest secrets.

I recognize that not everyone will be tempted to go to the nearest movie theatre for hot buttery popcorn and the transformative magic of Wicked, so what can we, as legal professionals bound by the Creed of Professionalism, learn from the story of Elphaba, the Wicked Witch of the West, and Glinda the Good Witch?

First, like Elphaba and her supernatural powers, lawyers are in a privileged position. We may not be able to make a broomstick levitate even though some of our clients think we can, but we owe our clients dedication to excellence, respect for the rule of law, the court and a commitment to seek a just result in all matters undertaken. Our duties extend beyond our clients. They extend to other lawyers inside and outside of our respective offices and to the court.

Civility to other lawyers, at a minimum, is essential. Civility to other lawyers does not only mean civility to opposing counsel. It includes the lawyers we know well and the lawyers we do not know at all. Elphaba was forced to make difficult decisions. These decisions were ultimately shaped by the way other people treated her. One of these decisions resulted in her being labeled as the public enemy number one because she refused to allow Oz to take advantage of her supernatural powers to advance his own nefarious agenda. Elphaba was not born wicked, wickedness was born out of the way people treated her. 

As a child, Elphaba was mocked for her green skin. Even at Shiz University, she was subjected to mockery – that is, until Glinda, the popular student, befriended her. When Elphaba meets Oz, who much to her surprise, isn’t a wizard and cannot even read the indecipherable words of his spell book, she realizes that she is going to be forced to make a difficult decision.  A decision that is ultimately guided by the way others have treated her.    

It’s important to consider the impact of our words and our actions on other lawyers and our profession. While our treatment of other attorneys may not create wicked witches of the west out of them, they have an impact. We all know the names of several attorneys from Wake County whose careers are celebrated or legacies are remembered throughout our state. Many of them contributed to the Professionalism Handbook given to all lawyers in the Tenth Judicial District Bar. Some even received the Joseph Branch Professionalism Award. When we hear stories of these attorneys, they’re stories of kindness, compassion, integrity, honesty, advocacy and mentorship. They’re the attorneys who lead by example.  They are not always the attorneys who won the most jury trials, were awarded the largest verdicts or negotiated the highest settlements. Other attorneys and clients will always remember the way you made them feel.  How do you want to be remembered?  Take it from the Munchkins of Munchkinland, “no one mourns the wicked.”

Second, it’s easy to assume that because we all went through law school and ultimately ended up in the same profession or even at the same law firm that we all have the same goals, ambitions and values.  Take Glinda and Elphaba for example. The two seemingly have many similarities on the surface. They come from privileged backgrounds, attend the same elite University and are ambitious students eager to master sorcery and meet the famous yet elusive, Wizard of Oz. However, Elphaba has always been an outcast and faced prejudice because of her green skin. Glinda, on the other hand, has always been popular and admired by her peers, fitting perfectly within the mold of societal expectations.  Inevitably, these differences have shaped their values and their strategies for achieving their goals. In spite of these differences, Glinda and Elphaba both realize “Together, we’re unlimited. Together, we’ll be the greatest team there’s ever been. If we work in tandem, there’s no fight we cannot win.”  Increasing empathy and understanding in our profession is important to strengthening connections with our clients and fostering inclusivity within the profession. 

Third, as the Creed of Professionalism reminds us, the practice of law is a profession and not a business. Although a lawyer need not sacrifice the opportunity to prosper, the practice of law must be motivated by service rather than inspired by profit. Too often we hear or even see attorneys who are “Glindas.” They are striving to be respected by others, searching for recognition and seeking external validation sometimes at the expense of ethical and professional considerations. Perhaps they’re groveling in submission to feed their own ambition as Elphaba accuses Glinda in the empowerment anthem “Defying Gravity.”  However, as our Creed of Professionalism states, we are guardians for our legal system, and we have an important professional responsibility to recognize, honor and enhance the rule of law. To focus on personal advancement and financial gain while being indifferent to the need to improve the law and our legal system, making it more accessible, responsive and effective for all, is a dishonor to our profession. We need to learn from Elphaba. We need to advocate for justice, strive to enhance our legal system, improve equity and fairness in our profession and prioritize ethical considerations – no matter the cost to ourselves. 

Elphaba was willing to stand up for what she believed in and stop the campaign to silence the animals after seeing her beloved goat-professor bleating as he’s taken away in the middle of a lecture, relegated to a cage. When Elphaba meets Oz, she reveals her heart’s desire is to stop whoever is trying to take the animals’ voices away. Elphaba quickly realizes that Oz is a fraud, incapable of granting her heart’s desire as he promised. Instead, Oz’s plan was to use Elphaba’s powers to further his fascist ideals. But, Elphaba was not afraid to stand up to powerful figures like Oz and Madama Morrible even if it meant the rest of the world would forever perceive her as the Wicked Witch. In the end, doing what was right was more important than shooting straight to the top.

The Preamble to the Rules of Professional Conduct states, “The legal profession is a group of people united in a learned calling for the public good.”  As public citizens, we “should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.”  As members of a learned profession, we “should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education.” 

Our Preamble contemplates the need for improvement and the need for change in our profession but neither can be accomplished by staying silent on important matters.  Oftentimes, doing what is right can come at a cost but like Elphaba, even if we end up “flying solo” at least we’re “flying free.” 

We should all endeavor to promote this change and to constantly improve our profession.  I hope there will be more Elphabas who have the courage, the conviction and the determination to advocate for the changes our profession still needs. 

The end of the year invites a period of reflection. As 2024 comes to a close, it’s important to remind ourselves of why we chose to be members of this profession and why we are privileged to have a law license. It’s also an important time to look towards 2025, and ask ourselves what we can do for our profession, for our clients and for each other to improve the profession for those who work in it and for those it serves.

By: Erika Jones, NC Administrative Office of the Courts 

As the holiday season gears up, many lawyers reflect on their biggest accomplishments as well as their biggest challenges from the past year. For some, these accomplishments may include meeting billable hour requirements, attracting/retaining valuable clients and securing major victories in the courtroom or the boardroom. Common challenges may include adapting to new technology, adjusting to legislative changes and unfavorable court rulings. While it is indeed critical to reflect on the good and bad of the legal matters we are paid to handle, I encourage attorneys to also reflect on the matters they handle for free or at a reduced rate. Rule 6.1 of the North Carolina Rules of Professional Conduct governs voluntary pro bono service and provides that “Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least 50 hours of pro bono publico legal services per year.”

Hurricane Helene wreaked havoc on many counties in Western North Carolina in late September 2024. With over $53 billion in damages, Hurricane Helene is the costliest storm in our state’s history.[1] In North Carolina, more than 100,000 homes were damaged or destroyed[2] and more than 100 lives were lost due to Hurricane Helene.[3] As a result, there is a substantial need for pro bono legal services in the western part of our state. Those impacted by Hurricane Helene will need assistance with applying for Federal Emergency Management Agency (“FEMA”) relief and Disaster Unemployment Assistance (“DUA”), appealing unfavorable decisions from FEMA or DUA, filing insurance claims, home repair contracts, contractor fraud, consumer protection matters, landlord/tenant disputes, foreclosure and mortgage issues, replacement of important legal documents like wills, and various other areas of need.

If an attorney wants to provide pro bono services to those impacted by Hurricane Helene but feels as though they do not have the legal background to assist, Legal Aid of North Carolina has training materials for volunteer attorneys.[4] The Legal Aid Disaster Resource Center also has a Disaster Bootcamp section on their website that provides information on the different types of FEMA assistance, common post-disaster legal issues, and the life cycle of post-disaster legal issues.[5] Some Hurricane Helene survivors may not need legal assistance immediately so opportunities to provide pro bono services will remain available in the months and perhaps years to come.

Rule 6.1 not only encourages attorneys to give their time to the provision of pro bono legal services; it also encourages attorneys to “contribute financial support to organizations that provide legal services to persons of limited means.” Rule 6.1, Comment 9 provides that every attorney should financially support programs that provide free legal services to persons of limited needs in addition to providing direct pro bono services or making financial contributions when pro bono service is not feasible. Making financial contributions is easier than ever with organizations providing a range of giving options. For example, Legal Aid of North Carolina accepts donations online, by mail or telephone, using an Individual Retirement Account (“IRA”), or even gifts of stock.[6]

The holiday season is a time of reflection but also a time of giving. Providing free or reduced fee legal services to those impacted by Hurricane Helene in Western North Carolina is just one way for attorneys to give back. In addition to Hurricane Helene related pro bono services, there are countless individuals of limited means across the state in dire need of legal assistance in a variety of practice areas. This season, reflect on the past year and give: 1) give thanks, 2) give time, and 3) give money. By providing pro bono services to individuals of limited means or contributing financially to organizations that provide legal services to individuals of limited means, attorneys can help address unmet legal needs and satisfy the professional responsibilities imposed by Rule 6.1. Happy Giving!

by: Elizabeth R. Harrison, Partner, Everett Gaskins Hancock Tuttle & Hash LLP

In my view the ultimate professional in our field gives back to the bar through service. The goal should always be to strive to help make our legal system better. An important component of professionalism as part of your responsibility to the public is to uphold the integrity of the legal system. Service to the bar is a way to show respect to the legal institution and perform your duty to protect it.

Opportunity abounds to provide service to the bar. There are ways to contribute that play to everyone’s different strengths. If you are a new lawyer, I encourage you to start by volunteering with any of the various organizations like the Wake County Bar Association, North Carolina Bar Association, the North Carolina State Bar or the North Carolina Advocates for Justice. The Young Lawyers Division is a great way to get involved and get to know contemporaries within the bar. If it seems daunting, reach out to the current chair or a committee head to ask how your interests may align with bar needs. A chair of any branch or committee of bar leadership will always know how to plug an attorney into the mix. Express interest and it happens.

Legislative committees within your practice area always have a need for active volunteers. Lawyers serving on legislative committees help draft and enhance legislation before a bill passes. This is more important than ever as fewer attorneys serve in the North Carolina legislature. Our legislature, unlike Congress, does not have large legislative staff assistance with drafting legislation. Non-lawyers do not always understand the importance one word can have in legislation or how a “minor” change in a bill can have broad implications on numerous other statutes. By serving on a legislative committee, one can stay ahead with what is happening on Jones Street which helps predict how things will change in practice areas. It is part of our professional obligation to help improve the law. We need to adapt quickly as the law changes to best serve the needs of our clients.

Becoming more involved with the bar has ancillary benefits beyond providing service to our profession. Strong friendships come from involvement in bar activities. Getting to know other lawyers either in your county or across North Carolina also can lead to client referral opportunities, a network to build resources in your practice area, collaborations and knowledge of other jurisdictional local rules. Volunteering for a bar committee frequently provides interaction with Judges or other officials. Bar activities often pair new and seasoned lawyers together which  strengthens our profession and helps us all stay relevant through the reciprocity. Clients benefit too when lawyers know each other from connecting in non-adversarial settings.

Practicing law is truly a privilege. We are the guardians of the court. Our behavior is paramount to maintaining the legal system at the highest level. We all have a duty to give back to the profession through service.  Hear this call to get involved. Give back to the legal profession through bar service, if you are not already. If you need ideas of where to start, reach out.

By Warren T. Savage, Sr. Claims Counsel at Lawyers Mutual

“Attention is the purest form of generosity.”  -- Simone Weil

Twenty years ago, I was on the wrong end of a flood of obscenities spewing from an older attorney I will call John. John was irate with me for serving him with some onerous discovery requests several months before the retrial of a case that had just been tried for three weeks to a hung jury. He called me every name in the book, and other names which weren’t fit for the book. He said he was going to ruin me and do bad things to my dog. I was stunned and ended the call mumbling that I was sorry as John slammed down the phone. Fifteen minutes later, John’s partner, a younger lawyer around my age, called and asked if I was OK. When I said yes, John got back on the phone, let his armor down, and gave one of the most gracious apologies I have ever heard. He explained that he had always struggled with his temper, which I already knew by reputation, and that his doctor had told him that his anger was contributing to serious heart conditions. He said that he had grown to respect me from our earlier trial together and was embarrassed that he had let himself lose control. He did not try to justify his outburst by blaming me or the litigation process. John said that he was trying to make real changes in his life and asked me for forgiveness. It was one of the most meaningful and heartfelt encounters I have ever had with an attorney, and I frequently recall it when dealing with other attorneys today.

Now I’m no psychologist, but in my role as a claims attorney, I commonly find myself listening to lawyers talk about life, career and interpersonal relationships rather than just risk management or ethics advice. A call may start with a question from a lawyer about how to respond to a particular motion and end with a discussion about the lawyer’ mounting frustrations with practicing solo. A lawyer’s concern about an imminent discovery deadline leads to an outpouring of anxieties about the pressures of family life. A lawyer’s report of a potential legal malpractice claim may culminate in a long conversation about mental health or medical struggles that are impacting the lawyer’s life and practice. When I end these calls, I’m reminded again of John and that I will never know what is going on in another person’s life unless I take time to hear what the person is saying.

As a consequence, I have found that I am much more effective and happier in both my job and life when I remember to listen first before opening my mouth. If I had lashed back obscenely at John during his tirade, there would have been no subsequent apology. I would have forever resented him, wallowed in my own foul and spiteful mood and most importantly, lost an opportunity to experience a real moment of grace. At home, my moments of marital and parental bliss come most frequently when I DON’T act like I know what my bride and kids are going to say next and instead listen to them first. Finally, when lawyers call me for help and advice, frequently the most meaningful thing they may take from the interaction is a feeling of relief that they were heard for a minute, without judgment or instruction.

Mark La Mantia, Counsel, In-House Benderson Development Co.

The sole purpose of this blog is to serve as a reminder during these very interesting times we live in of the slippery slope that these two constructs, when conflated together, can take us down when it comes to our ethical obligations.[1]  Virtually every day in the news we see examples of this dynamic at play – and regarding some things I never imagined I would see in my lifetime - and after over 40 years of practicing law and 65 years of living if there is one thing I am convinced of it is that there is nothing that is out of the reach of these monsters and what some people will seek to rationalize and justify away.

First to the Dictionary

       JUSTIFICATION

               Oxford Languages

“the action of showing something to be right or reasonable”

Merriam-Webster

“1 a: the act or an instance of justifying something : VINDICATION

                                             arguments offered in justification of their choice

b: an acceptable reason for doing something : something that justifies an act or

     way of behaving could provide no justification for his decision

         RATIONALIZATION

Oxford Languages

“1. the action of attempting to explain or justify behavior or an attitude with logical

reasons, even if these are not appropriate.

Merriam-Webster

“: the act, process, or result of rationalizing : a way of describing, interpreting, or explaining something (such as bad behavior) that makes it seem proper, more attractive, etc.”

Concerning the above definitions of justification the question is also “How do these comport with Legal Justification?”  Legal justification is more specifically defined by law as defenses for certain acts.  The North Carolina Rules of Professional Conduct for Lawyers contain no general definition of “Justification” and arguably call for a higher standard of ethics than just the rules themselves when in doubt on their application.

See Rule 0.1(12) Preamble…”Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system, and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules.” 

0.2(3)SCOPE …”The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.”

While there may be some limited justifications provided in the Rules in different areas, see e.g. Rule 1.4 as to when it may be appropriate to withhold some information from a client for some period, or Rule 1.6(b) as to when a lawyer may be disclose certain confidential information of a client, to name a couple, these are all very limited and narrow – more importantly they set the context for the proper purpose.  Rationalization on the other hand has no legitimate purpose by its own definition.

With the two headed monster the trouble comes in when justification and rationalization become conflated, when the line between any possible justification becomes blurred by the reasoning of rationalization. Conflation occurs when rationalization attempts to twist justification into a reason for doing something you know is wrong or seeming to make an act that you know is wrong appear less bad (or, worse yet, even righteous).  It can be an attempt in your head to re-write the Rules to make something seem OK and turn your rationalization into a justification – this can be this can be very dangerous. 

The examples or hypotheticals regarding such situations are too many to mention but I have to believe are all pretty well known – please guard yourself with constant vigilance against the Two Headed Monster accordingly.

[1] While our Rules of Professional Responsibility are the more particular ethical rules at play for us as Lawyers, I used the general term ethics because our rules are only one part (a form of applied ethics to a particular group or set of problems just like statutes and other codes of conduct) of our greater ethics and for each of us our personal ethics are the foundation for our morality and sense of right and wrong.