Daniel Fouts - In Memoriam

Daniel W. Fouts, an exceptionally talented lawyer, a patient teacher, a learned scholar, a gentleman's gentleman, and a loyal friend, died on June 2, 2003. He will be dearly missed by his partners, fellow members at the bar, loyal clients, and his many friends.

Dan Fouts was born and raised in Burnsville, North Carolina, the son of Dover and Madge Fouts. He was one of three sons of a distinguished lawyer in that small mountain community, and nephew of another distinguished lawyer in nearby Spruce Pine. The life of Dan Fouts was one of exemplary and distinguished service to his family, his faith, his profession, his community and his nation.

Dan served for 16 months in Korea as a member of the United States Army, interrupting his college years. He remained in the Active U.S. Army Reserve for many years, being ultimately promoted to Brigadier General. When he retired, he was the highest ranking reserve officer in the Judge Advocate General Corps.

Dan attended Wake Forest University and its Law School. In 1958, he received his LL.B cum laude, which was converted to a J.D. in 1970. His first job was as a Research Assistant for the North Carolina Supreme Court, where he clerked for Justice Carlisle Higgins.

He joined Adams Kleemeier & Hagan in 1959. At the time of his death, he was the senior partner of the firm, which had grown from six lawyers to 40-plus lawyers, and was then known as Adams Kleemeier Hagan Hannah & Fouts PLLC. (After Dan's death, Adams Kleemeier Hagan Hannah & Fouts, PLLC merged with Nexsen Pruet Jacobs & Pollard, LLC and became Nexsen Pruet Adams Kleemeier PLLC.)

In his service to the Bar, Dan served as a member of the North Carolina Bar Association Board of Governors (1986 - 1989). He was elected to serve on the North Carolina State Bar Council (1994 - l998), and in that capacity served on the Grievance Committee. He served as President of the l8th Judicial District Bar and President of the Greensboro Bar Association. He also served as Chairman of the Local Rules Committee for the United States District Court for the Middle District of North Carolina.

"I can honestly say he taught me everything I know about litigation," said Margaret Burnham, a fellow partner at Adams Kleemeier. "He taught me that you return telephone calls to a fellow member of the Bar the same day. He taught me that when you sign a certificate of service, it means you hand-carried the envelope to the mailbox and posted the pleading yourself. Period. No other means of service qualifies for you to be able to certify that service was properly made as represented. He taught me that you should strive to practice law 'the old-fashioned way' - valuing client relationships over receivables. He taught me that no matter how good you become as a lawyer, you will not have accomplished anything if you did so at the expense of watching your children grow up."

His practice included litigation of every variety, searching titles (as he loves to say, "back when lawyers searched titles and land records were in books"), estate planning, domestic, labor and employment, and even some corporate law. Even when he grew more experienced and more "senior" in status, he never stopped enjoying the little cases.

Dan received honors which reflected his commitment to the practice of law. He was selected as a Fellow of the American College of Trial Lawyers. He was also selected to be a permanent member of the Fourth Circuit Judicial Conference. He was selected to be included in "The Best Lawyers in America" publication. He was selected as one of the six new members of the General Practice Hall of Fame for 2003, and was inducted posthumously in conjunction with the North Carolina Bar Association Annual Meeting in Asheville.

Dan was particularly proud of his service to his alma mater, Wake Forest University. He was a charter member of the Chief Justice Joseph Branch Inn of Court at the School of Law and President of the Inn at the time of his death. He was a member of the Board of Visitors for the School of Law. His favorite fishing trips were with the "Deacon Fishing Bunch," which was composed of classmates from his law school years.

In his service to the community, Dan served nine years on the Greensboro Housing Commission, three years on the Board of Guilford Technical Community College, seven years on the Board of Humana Hospital - Greensboro, and two years on the North Carolina Veterans Affairs Commission.

In his service to his church, West Market Street United Methodist Church, he taught Sunday School; he was Chairman of the Administrative Board; and he chaired and served on numerous committees, including nine years as chair of the Building Committee which successfully undertook and concluded a complete renovation of the Church's facilities in downtown Greensboro at a cost of some $11,000,000.

Dan was devoted to his family, especially his wife of 48 years, Ann Fisher Fouts, and their three children and four grandchildren: Daniel W. "Chip" Fouts, Jr. and his wife, Cindy Sherrill Fouts and their son, Daniel W. Fouts, III; Arlesa Fouts Leopold and her husband, Vincent Leopold and their children, Rose and Daniel Leopold; and Alfred Davis "Dave" Fouts and his wife, Catherine Adams Fouts and their son, Handley Reece Fouts.