In Memoriam: James “Fergie” Ferguson, NCAJ Past President

A celebration of the life of James Ferguson will be held Aug. 7 at noon at the Park Church, 6029 Beatties Ford Road in Charlotte. The celebration will be livestreamed here and open to the public, according to Ferguson’s eldest son, Jay Ferguson. Ferguson’s family will begin greeting visitors at 11 a.m.

Find Ferguson’s obituary here.

The North Carolina Advocates for Justice mourns the loss of James “Fergie” Ferguson, a legendary trial attorney and former president of NCAJ, who died on Monday, July 21, at age 82.

Ferguson made his name during the Civil Rights movement in North Carolina and continued to fight for the rights of the injured and the oppressed throughout a career that lasted more than 50 years and touched lives across the state, the nation and the world.

NCAJ Past-president Mark Sumwalt recalled Ferguson as a true trail blazer and a gentleman.

“When Janet Ward asked me to be her president-elect, the first two calls I made were to Fergie and Allen Bailey who both separately went to lunch with me and provided many words of wisdom,” Sumwalt said. “Not just then, but many times thereafter. Both grew up with little and became giants in their respective worlds.”

Ferguson grew up in Asheville, where as a teenager he co-founded the Asheville Student Committee on Racial Equality, which worked to desegregate the city’s public facilities. He earned his law degree from Columbia Law School after completing undergrad at North Carolina Central University. Together with Julius Chambers he founded the firm that would become Chambers, Stein, Ferguson and Lanning, the first racially integrated law firm in the state.

Partner Adam Stein would also become president of what was then known as the North Carolina Academy of Trial Lawyers. Stein told The Charlotte Observer that he and Ferguson became fast friends working together in a closet-sized office at the firm and socializing together in then-segregated Charlotte.  

“I feel like I lost a brother,” he said.

Burton Craige, who followed Ferguson as NCAJ president, was also bereft.

“Fergie was so full of life that I can hardly believe he is gone,” he said. “For decades, his brilliance, eloquence, passion and courage inspired us as he fought for the powerless, the accused and the injured. As we face the current threats to equal justice and the rule of law, we could have no better model than the life and work of James Ferguson.”

The Wilmington 10

Bill Powers, also an NCAJ past-president, got to know Ferguson while researching an article on the Wilmington 10 for the Spring 2022 edition of the North Carolina State Bar Journal.

Ferguson was already famous for his work with Chambers in fighting for school desegregation and changing laws around school busing in Charlotte when he went on to represent several members of the Wilmington 10. The group had been wrongfully convicted of arson and conspiracy in 1971 during civil unrest over school desegregation there. Eventually, all the defendants were released after nearly 10 years in jail, and their sentences commuted. In 2012, Gov. Beverly Perdue pardoned them.

Powers’ article quotes Judge Jesse Caldwell III’s recollections of Ferguson’s relationships with his clients: “Fergie was with them all the way and celebrated with the Wilmington Ten when they received their pardon. It took tremendous courage for an African American attorney like Ferguson to serve as counsel. He never flinched in his steadfast and outstanding advocacy, despite all kinds of hurdles he himself had to endure during the trial.”

Powers said he didn’t know Ferguson very well, but hearing the news of his passing moved him.

“He was so gracious and patient with me and gave me insights on that article that I had never before read or seen or heard talked about – he was so incredibly generous with his time,” Powers said.

A quote that Ferguson provided for the article stood out for Powers as he reflected on Ferguson.

“Addressing injustice, in whatever form from whatever time, starts with acknowledging its existence and continues through honest dialogue. I encourage the younger generation to step up and make right decisions, doing so in love and compassion for the downtrodden and those around them.”

– James E. Ferguson II

“I think his passing is a reminder that even in dark and desperate times, you put your head down and you get to work and fight through it,” Powers said. “If you want to serve the memory of Fergie, re-read the article. He called the younger generation to stand up. If you want to remember him, remember him in your own words and deeds. His passing, while terribly sad, is a reminder that it’s time for individuals to stand up for what’s right.”

‘Awesome In So Many Ways’

Ferguson was an NCAJ member from 1981 until 2017. He served as president of NCAJ in 2000-2001. While he was best-known as a champion of civil rights and a criminal defender, Ferguson was also an accomplished personal injury litigator. His firm successfully resolved cases for injured plaintiffs worth more than $100 million during his time as its president.

Ferguson also enjoyed a prolific career as a teacher of trial advocacy. He held teaching positions at Harvard Law School and North Carolina Central Law School. He served as a scholar in residence at Santa Clara Law School and was recognized as an honorary fellow by the University of Pennsylvania Law School and was a fellow of the American College of Trial Lawyers.

He co-founded South Africa’s first Trial Advocacy Program, offering the program to black and white lawyers. He taught trial advocacy in London, Cambridge and Stratford-upon-Avon, England and at the first advanced trial advocacy program offered in the United States through the National Institute of Trial Advocacy.

He is a past chair of the North Carolina Association of Black Lawyers, which paid tribute to him at its recent Annual CLE Conference.

“He was awesome in so many ways,” recalled NCAJ past-president Bill Mills. “He was a wonderful person and a truly incredible attorney and a ground breaker. I just adored Jim. He was so kind to everyone and despite his brilliance and his success he remained very humble. He was truly a giant.”