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Melvin F. Wright, Jr.Executive Director

FIRST DAY AS A LAWYERLet’s hope your first day as a Gov.or Leg. Attorney was not like my first day as a Lawyer!“The easiest thing you can do practicing law”

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MENTORING

“WHAT TYPE OF LAWYER ARE YOU?”

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“WHAT TYPE OF GOV/LEG ATTORNEY ARE YOU?”

1. Do you stay current on the Law?2. Can those you work for TRUST you?3. Do you ever consider political affiliations ahead

of the law?4. I hope you will strive to be one who is described

as a Top-Notch Lawyer, a True Professional and Quality Leader.

YOU WILL BE TESTED!

• How you handle the problem is often as important as the problem.

• You now live in a fishbowl – don’t ever lie or try to cover something up. In today’s world, the truth will come out.

• “Avoid even the appearance of impropriety.” –Dean Carroll Weathers, Wake Forest Law

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ANSWERS, LEGISLATION & SOLUTIONS?

• Networking• Resources• Experienced Attorneys who

have previously faced similar conflicts or problems

• Training & CLE• NC Ethics Commission

IT IS NOT JUST ABOUT WINNING!

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IT IS ABOUT DOING THE RIGHT THING!

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Treat every person and case/matter as the most important one in your office.

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LEADERSHIP = TEAMWORK

1. YOU CANNOT DO IT BY YOURSELF! You are on a team!

2. TRAIN AND THEN TRUST YOUR STAFF TO DO THEIR JOBS.

3. ALWAYS HONOR AND PROTECT YOUR STAFF & THEY WILL TAKE CARE OF YOU.

YOUR TEAM RULES • COMMITTEE MEETINGS – THS IS YOUR CHANCE TO

SHINE! (Newly Proposed Legislation & Pending Matters, [know the facts & law inside & out]; Know what the Chair or other Elected Officials expect of you; Know what has to be on the record & when you can/should go into Executive Session; If you have questions: Karen Cochran-Brown(Leg. Analysis) and Korey Goldsmith(Leg. Drafting), but also, know the State Bar Ethical Hotline # (919)828-4760; Know the School of Government # (919)966-5381; and the Ethics Comm. #(919) 814-3600.

• SOCIAL MEDIA – VERY IMPORTANT ISSUE! Emphasize that there can be no mention of anything relating to work or cases posted on Social Media. Rule 1.6 – Confidentiality and Chapter 120, Art. 17(Confid. of Leg. Comm.)

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CONFIDENTIALITYAssume two legislative members visit your office to discuss an economic incentive bill pending before the legislature. They ask you if they can have a confidential conversation about the issue. How should you respond?• See Chpt. 120, Art. 17(Leg. Confid.) • Does a second legislator waive the

Attorney Client Privilege?

CONFIDENTIALITY

Assume that the attorney has a conversation with the two legislative members. Soon after they leave, a high ranking member of the Legislature calls and says, “I just heard two of our Legislators talked with you about that economic development grant. What did they say? Are they going to vote for or against it?” Chpt. 120, Art. 17

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CONFIDENTIALITY

NORTH CAROLINA STATE BAR v DAN L. MERRELL, 15 DHC 12 (Rules 1.6 & 1.9)

CONFLICTS

• If a CONFLICT develops because of a relationship (family, law partner or former client, etc.), what do you do?

• If you need to recuse yourself from the matter, do so promptly.

• Have a back-up plan – protect the Confidentiality of the situation.

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CIVILITY

Civility requires that we listen to

others with knowledge of the possibility that

they are right and we are wrong.

-Stephen L. Carter, Civility 282 (1998)

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PROFESSIONALISM CORE VALUES

1. Competence2. Honesty & Integrity3. Humility4. Civility5. Respect

DIFFERENCE IN GENERATIONS

• Personality Types

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Meyers-Briggs

DIFFERENCE IN GENERATIONS

“When Generations Collide” – Lancaster & Stillman

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TRADITIONALISTS (Born 1900-1945):→ 75 Million Strong (7% of today’s workforce)→People who influenced: FDR, Dr. Spock, John Wayne, Bob Hope, Joe McCarty, Joe DiMaggio and the Rat Pack→Things that influenced: 2 World Wars, The Depression and the GI Bill→Personality: LOYAL

BABY BOOMERS (Born 1946-1964):→ 80 Million Strong (42% of today’s workforce)→People who influenced: John F. Kennedy, Martin Luther King, Jr.; Rosa Parks, McEnroe & Conners, The Manson Family, Gloria Steinem, Capt. Kangaroo and the Beatles →Things that influenced: Vietnam, Watergate, Women’s and human rights movements, Cappaquiddick, Kent State and TV→Personality: COMPETITIVE

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GENERATION Xers (Born 1965-1980):→ 46 Million Strong (29% of today’s workforce)→People who influenced: Bill Gates, Clinton and Lewinsky, Bevis and Butthead, Clarence Thomas, OJ Simpson, Madonna and Michael Jordan→Things that influenced: Divorce rate tripled, media exploded, cable, internet, satellites, VCRs, video games, microwaves, pagers, cell phones, AIDS, crack cocaine and violence in the news→Personality: SKEPTICISM

THE MILLENIAL GENERATION(Born 1981-1999):

→ 76 Million Strong (22% of today’s workforce)→People who influenced: Prince William, Chelsea Clinton, Leonardo DiCaprio, Marilyn Manson, Mark McGuire and Sammy Sosa, Venus and Serena Williams →Things that influenced: Technology, helicopter parents, Starbucks, student loans, Ebay and Google →Personality: REALISTC, Empowered and difficulty accepting less than first place

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How available should a staff attorney be to the media? How should the staff attorney respond to questions about pending matters in the Legislature? How should the attorney respond (if at all) when a Legislative member mischaracterizes the legal advice the staff attorney gave the committee member in closed session?

Communication with the Media

MEDIA POLICY

• Who will make comments to the media? (Rule 3.6) Rather than “No Comment,” how about “I would love to comment on this but it would not be proper for me to do so at this time. I will be glad to comment if and when the rules permit that I do so.”

• If you have attorneys working for you: “I am behind you 100%! I will let you do your job and if there is a tough call, let’s work on it together and I will take the heat if it goes South and give you the credit if we make the right call.”

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PROFESSIONALISM SUPPORT INITIATIVE (PSI)

How should you deal with judges or lawyers who are acting unprofessionally?

September 9th, 2009

Rep. Joe Wilson, SC Lawyer

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THANKS FOR THE JOB YOU DO!

• It may be a bumpy ride occasionally but ALWAYS TAKE THE HIGH ROAD! (For example, members of the media and their attorneys can sometimes push a little too hard – stay cool.)

• Remember the power of a HANDSHAKE!• Your Goal – To be the best Government or

Legislative Attorney on Jones Street!