Justice for All Three Top Triad Attorneys Manage to Balance Career and Family By Pamela Koontz Ju s

Janet Ward Black, Joslin Davis, and Julie Theall are three remarkable women who just happen to be prominent attorneys in the Triad. All three women ate intelligent, personable, and dedicated. They practice law with enthusiasm and with a commodity not often found in a courtroom ... compassion. But don't let the word compassion fool you. When they take on a case, these three are dedicated to making sure the judicial system works.

These women demonstrate a true appreciation of their career, family, and community and successfully manage to balance the three. What motivated these extraordinary women to pursue a career in law?

Janet Ward Black, a principal of Donaldson and Black in Greensboro, is a former Miss North Carolina. When asked who or what was an influence in her career choice she candidly

replied, "Organic chemistry my freshman year in college. I had planned all my life to be a doctor and had been fortunate enough to have a scholarship to major in chemistry at Davidson. After a semester of organic, where I felt like a deer caught in headlights, I decided that I had to go another route. My father, who had to work hard during the Depression to support his family, always encouraged me to get a good education and have a career where I didn't have to ask someone for a job. When medicine didn't work out, I turned to law."

She has spent the past 14 years practicing law. She holds corporations responsible for products introduced into the market. Black strongly believes corporations should be more conscious of the risk of new or inadequately tested products. She represented the family of a young woman who after giving birth to her first child died a week later from taking a medication to suppress breast milk production. Her child was provided with a trust fund.

Her current caseload consists primarily of product cases. She represents clients with asbestos diseases and what she terms "women's health issue" cases including fen­phen diet drugs, breast implants, and other drug and medical devices.

"It is a great privilege to represent average citizens who alone are not on an even playing field when they face a large insurance company or corporation on the other side. We fight to protect people's rights by helping level that playing field and hopefully do justice along the way."

She also believes individuals, regardless of social or economic background, should be held accountable for reckless behavior that harms another individual. Take for instance the Williams v. Moroso case. Janet Ward represented the family of Mrs. Williams, a 23­year­ old hospice nurse who was killed in a drunk driving accident by 21­year­old Rob Moroso. Moroso had just been named NASCAR Rookie of the Year. The accident occurred due to the negligent driving of Moroso, who was not only drunk but also driving at an excessively high speed. Both drivers died in the accident. Mrs. Williams's children were provided with trust funds.

Black considers these to be two of her most successful cases, "In both instances we were able to provide trust funds for the children who were left behind, to care for them. It doesn't replace a parent, but it gives me comfort that we have helped provide a young one something lasting as a result of the loss of his or her parent."

Time speaking to and teaching young people about the legal profession is a priority in Black's schedule. She is a guest speaker for a number of law schools and a judiciary speaker at Girls State. "I enjoy talking to young people about the ability to accomplish great things," notes Black. Black's benevolence carries through into her personal life. She is currently planning to spend two weeks this summer in Nicaragua with a mission group, Save­A­ Generation, who will provide food and medicine for people in a village hit hard by hurricanes last year. She also enjoys spending time with her German shepherd, Chance, and miniature schnauzer, Watson.

Law seemed a natural career path for Joslin Davis after growing up in a household where legal issues might be a dinner topic. Davis's father, Marion J. Davis, was vice president and general counsel of Integon Corporation.

"Both my parents encouraged me to have a career, and having a positive exposure to lawyers and business through my father made the choice of a career in law natural. Most importantly, I wanted to be able to support myself and be on my own as a young person," states Davis.

Davis, a principal with Davis & Harwell, enjoys any case in which she represents well­ intentioned clients who have integrity. One of her most difficult cases involved just that type of client.

"My most difficult and successful case was a case I filed on behalf of a wife, mother, and

business woman seeking equitable distribution of the parties' marital property. The wife and husband had caused to be formed nearly 40 business corporations in the states of North Carolina, Florida, and Nevada. The wife had managed and been responsible for the daily operations of the primary business, which was a business with multimillion dollar annual sales and a substantial number of employees. In an effort to defeat the wife's claim to the business in the division of marital property, the husband claimed that the business was owned by a Bahamian national whom the wife and the employees of the business had never met. Regarding the other 39 businesses the parties had formed or caused to be formed during their marriage, the husband claimed these businesses were owned by his tax advisor from Florida and that he and his wife had no interest in those businesses. Numerous documents were fabricated to support the husband's position. As a trial attorney, the challenge came in proving that the businesses were, in fact, acquired and owned by the wife and/or the husband so the court could divide the businesses between the parties. The proof had to be gathered in the Bahamas, in Florida, in Nevada, and in North Carolina.

"After two weeks of trial, due to hard work on behalf of an excellent group of attorneys and paralegals, we were able to prove that the 40 corporations were marital owned by the Bahamian or the Florida tax advisor. We were able to convince the judge to distribute the primary businesses to the wife free from the claims of any third parties."

"It is my most successful case in that it involved several years of court appearances, appeals, and a two­week trial to conclude matters with substantial benefit to a delightful client. The reason it was the most successful is because it required the most work, the most effort, commitment, and persistence to obtain a multimillion dollar successful result for a genuinely good person."

One unusual case for Davis was the dissolution of a same sex long­term relationship. The trial judge commented that it was the first time he had an all­female courtroom including the parties, their attorneys, the bailiff, the clerk, and the court reporter. Because the laws of marital dissolution do not apply to such cases, they are resolved on the basis of contract law. According to Davis the most efficient way for an individual in this type of relationship to protect joint assets is by a contract.

Davis has a strong support network allowing her to spend the long hours necessary for a successful trial lawyer. Her unique support system includes a husband who is willing to share duties, "in­town" relatives, two understanding sons, and a wonderful caretaker/housekeeper who Joslin has known since childhood.

"The public perception of women lawyers has changed. At one time it was hard for women to break into the profession at all. The public now perceives women as capable lawyers. Television and theater now often casts women in professional roles such as lawyers and judges and lawyers. The evolution certainly is a reflection of the legal profession where nearly half of all graduates from law school are women. In casting women as judges and lawyers, television does influence the public’s view that such a career is indeed suitable for a woman.”

On the other hand, Davis sees media depictions of female attorneys detrimental.

"There have been numerous depictions of female trial attorneys that are demeaning to attorneys in general and women in particular. For example, Demi Moore played a JAG officer in "A Few Good Men." Demi Moore's character made ridiculous comments and objections throughout the trial process and was made to appear stupid. In other films, in television, and in cinema, women attorneys are depicted as weak and sometime unethical. For example, in one movie, a male defense attorney seduces the female prosecutor. In another movie a male attorney seduces a female judge. There are occasional depictions of capable female judges and attorneys, both on "Ally McBeal" and "LA Law." However, in many television episodes and productions, female attorneys are depicted as foolish, weak, or overly aggressive."

Julie Theall credits her grandmother, Estelle Cochran, as a major influence. "My grandmother has been a major influence in my life. She was a successful business woman in the 1940s and 1950s, when it was unusual to be a successful business woman. She is a great mentor and role model. But I have had many, many 'cheerleaders' along the way, including my family, teachers, and other lawyers in my firm."

One of the fastest growing tort claims in the nation is sexual harassment. According to the Equal Employment Opportunity Commission, recent figures show the number of harassment cases filed doubles annually. Statistics indicate 15 percent of all female employees experience sexual harassment in any given year. Those accused often fail to understand what has happened.

"As an employment litigator who represents management, one of the areas in which I practice is the defense of sexual harassment claims. While it is upsetting to feel you have been victimized by harassment or discrimination, it is equally upsetting to feel that you have been wrongly accused of that behavior," states Theall.

Theall is often viewed as a "traitor" by some females because she defends corporations in sexual harassment claims. She feels she can and does make a difference with her clients by defending the claims, "I find employers act more favorably as they learn through the process instead of simply slapping them with a lawsuit. I believe people are basically good and deserve a chance to be educated about sexual harassment. I feel I can accomplish more from defending the claims."

When she is not in the courtroom, Theall spends much of her time speaking to corporate audiences regarding sexual harassment and hostile environment issues. Most companies have a sexual harassment policy in place. She has discovered that communication is the key to preventing and stopping harassment. According to Theall, "It's like the book ''Women Are from Venus and Men Are from Mars,' men and women communicate differently, and women have an obligation to speak up. A lot of times when speaking with men, who have been accused of harassment, they relay the fact that they would have stopped what they were doing if they had known it wasn't welcomed. Women have an obligation to take care of themselves."

Success to Theall is resolving legal conflicts before going to trial. Her premise that people are basically good helps her negotiations. "The cases I consider the most successful are the ones you will never hear about. They are the resolutions before litigation and the successful motions to dismiss after litigation has started. In most of my cases, trial is really a last

resort."

The mentoring she received from female attorneys helped shape her legal aspirations. Her legal style is shaped by her altruistic personality, "My orientation is one of teaching and counseling. I believe people want to be good."

Theall has three young, adorable daughters. That means time at schools, on the soccer field, by the swimming pool, or at a barn watching one of her daughter’s horseback riding lessons. Although she is one of the Triad's top female litigators, her family comes first. Maybe through her dedication to the corporate education process and changes in the law her three daughters will never experience inappropriate behavior in the workplace. If they do, one thing is for certain; Julie is teaching them to speak up and communicate the fact that they will not tolerate bad behavior.

How does Theall manage to balance her career and family? "I have a wonderful husband, an excellent assistant, great nanny, and a great group of attorneys I work with."

The law as a profession has suffered through the years from I poor image. This honorable professional has been besieged with late­night television jokes and media portrayals of bizarre individuals posing as attorneys who circumvent the law. The North Carolina Bar Association has undertaken the task of improving the image of the legal profession. Recently they produced a video titled "The Rule of the Law," that depicts the positive aspects of becoming a lawyer. This video will be available to schools in the fall. Also, many pro bono legal programs are being implemented throughout the state.

“There are a lot of lawyers who do a good job, and I am very proud of what I do. Women attorneys have excellent mediation skills and can make both sides feel they have come out well," states Black.

"I feel that women are helping improve the image of the legal profession by improving the civility," adds Theall.

Black, Davis, and Theall are the type of role models needed for aspiring attorneys, male or female. In or out of the courtroom, personal or professional, these women practice high standards of integrity. These are women with a mission ... justice for all!