May 2016
The Elon Business Law Journal is proud to present this part of a three-part interview series with the current presiding Business Court Judges in North Carolina. We had the privilege of sitting down with Chief Judge James Gale on February 17, 2016 to get his thoughts on several aspects of being a judge and the North Carolina Business Court in general.
Background
Born in Alabama, Judge Gale received his undergraduate degree from Eckerd College and graduated magna cum laude from the University of Georgia School of Law (Class of ‘74). In his time away from the bench he frequently plays tennis, enjoys hiking in the beautiful mountains of North Carolina, and has recently taken up playing the guitar.
Interviewee: Judge James L. Gale, Chief Special Superior Court Judge for Complex Business Cases
Interviewer: Matt Millisor, Executive Editor for the Business Court Division, Elon University School of Law L’16
MM: What prompted you to go to law school and how did you begin your legal career?
JG: I was working in the insurance industry and ended up working with a lot of lawyers. One day someone made the comment that I should go to law school. The idea of going to law school was not something that I had entertained before then. I obviously took that person’s advice and here I am. To answer your question more directly, it just kind of happened. My first legal job was clerking for the Honorable Franklin T. Dupree, Jr. and then I took a job with Smith Moore Leatherwood, LLP in Greensboro.
MM: You practiced law for 34 years, at Smith Moore Leatherwood, prior to becoming a judge. What did you enjoy most about private practice?
JG: My favorite part of private practice was working with clients. I enjoyed working with them to achieve their objectives and fulfill their legal needs. I also enjoyed working in a large firm and getting to develop relationships with many of my fellow partners.
MM: Is there a highlight from those years in private practice? A case that still resonates with you?
JG: It is difficult to pinpoint a particular moment. I have had the good fortune of doing a lot of different things on the national level as well as here in North Carolina with the various cases I was involved in. Some of my favorite moments were with the clients that had smaller legal matters.
MM: You’ve been a judge since March of 2011, or about 5 years to date. What do you most enjoy about being a judge?
JG: There are many things that I enjoy about being a judge. One of my favorite things is interacting with the attorneys that appear before me. I enjoy seeing their strategies and the hard work that goes into representing their clients. I also appreciate the intellectual challenges of being a judge.
MM: What best prepared you for becoming a judge and what would make your job easier?
JG: Practicing law and more specifically my experience in business litigation has prepared me the most. I have seen many different things over the years that have helped me develop my legal skills. I am not sure there is a way to make this job easy. That is a tough question because this generally is just not an easy job, but I do not expect it to be easy either.
MM: You see a lot of lawyers in your courtroom. What is common among the most successful lawyers that appear before you?
JG: The common thing would be preparation and the ability to distill a lot of information into a well-presented and concise presentation. There are some cases where it would be easy to talk for an hour, but could be abbreviated to the main points of contention and would be more effective that way. One of my favorite quotes I believe is applicable to the practice of law comes from Mark Twain – “I didn’t have time to write a short letter, so I wrote a long one instead.”
MM: What advice would you give to a lawyer who wanted to become a judge?
JG: I do not think one can really plan for being a judge, but if that is the goal, then you should develop a reputation for hard work and integrity and be able to listen carefully. Learning how to listen is the most important trait that a judge can possess in my opinion.
MM: You’ve presided over many cases involving business law in North Carolina. What are the most pressing business law issues today?
JG: What we see the most of is understanding the borders of fiduciary duty and learning how to take risks within the law. Clients don’t want to be paralyzed by the fear of liability and need to be able to maintain their entrepreneurial foresight. Businesses need to be advised and have the appreciation of what is okay and what is not in a litigious society.
MM: What extra duties do you take on by being the Chief Judge for the North Carolina Business Court?
JG: My responsibilities do not significantly differ from my colleagues. I do have the obligations of updating local rules, coordinating with administrative offices of the courts regarding technology issues, and assigning cases. One task that we have is determining whether a particular case is a Business Court case. I also have to put together an Annual Report to the legislature.
MM: What do you think will happen in the future for Business Courts around the country?
JG: North Carolina had the good fortune of being one of the first states to implement a Business Court. North Carolina is a model and there is no question that the Business Courts are an accepted part of the overall court system and you will continue to see them pop up in other states. Some states have adopted Business Courts on a probationary period.
MM: What do you enjoy about teaching at Elon Law?
JG: Teaching Trial Practice and Procedure is fun because of the interaction I get to have with the students. It keeps me on my toes. It is fun because my chambers are housed right here in the law school. I have found teaching students is similar to the teaching aspect of law practice when I would interact with younger associates.
MM: Describe your experience as a council member for the Antitrust, Trade Regulation and Complex Business Section for the North Carolina Bar Association?
JG: This is a section of the bar that deals with those topics. This section is geared towards what I did in practice so many of the members would practice before the Business Court. My day-to-day experience was that I got to interact with the bar. It was a great opportunity and I enjoyed interacting with other attorneys outside the confines of a particular case.
MM: You clerked for the Honorable Franklin T. Dupree, Jr., United States District Court, Eastern District of North Carolina. In your professional opinion, what are the benefits of clerking for a judge and what did you take from this experience?
JG: There is no better learning experience for someone who wants to be a litigator. If you want to have a trial practice, it helps to have experience clerking in a trial court. I believe clerking makes you a better lawyer when you finish.
MM: What are the qualities of a great law clerk?
JG: Some of the most important qualities are being smart, diligent, professional, energetic, and having enthusiasm for the law. I like having students who recognize that practicing law is a calling for them.
MM: What are your hobbies? What do you do to relax?
JG: I enjoy playing tennis, hiking in the North Carolina mountains, and I am currently learning to play guitar.
Those are all the questions we have for you today, Judge Gale. Thank you kindly for your time and for all of the contributions you’ve made to the great state of North Carolina in both business and law.