Meet 2014-15 Austin Bar Association President, Judge Elisabeth Earle
Transcription
Meet 2014-15 Austin Bar Association President, Judge Elisabeth Earle
austin lawyer July/August 2014 Volume 23, Number 6 www.AustinBar.org Features Meet 2014-15 Austin Bar President................. 1 Celebrating the 2013-14 Bar Year!.................. 6 Board Members Honored at Year End............. 9 Color of Justice Promotes Diversity............... 10 Texas Access to Justice Holds New Summit.... 11 Travis County 2015 Jury Schedule................ 12 LegalLine: Calls from the Classroom............. 21 Departments Opening Statement....................................... 13 3rd Court of Appeals Update........................ 15 Beyond the Practice...................................... 16 Briefs............................................................ 19 AYLA............................................................ 20 Upcoming Events......................................... 22 Classifieds.................................................... 23 Meet 2014-15 Austin Bar Association President, Judge Elisabeth Earle Judge Elisabeth Earle, County Court of Law #7, began her year as Austin Bar President on July 1. What led you to want to become involved in the Austin Bar and why? I began working at the State Bar of Texas during high school, answering phones and stuffing a never-ending amount of envelopes. This was prior to the Internet so everything had to be done by hand, however, the relationships and experiences gave me the desire to pursue the law as a profession. During law school, I began participating in local bar activities and serving on several committees as a law student liaison. Through those activities, I observed the unique role the Bar can play by improving the delivery of quality legal representation, building relationships between attorneys, and improving the public’s understanding of the legal profession. As I began my legal career, I became more involved in the Austin Young Lawyers Association and the Austin Bar Association. I believe that what originally attracted me to become involved with the local bar association are the same reasons I continue serving and volunteering with both AYLA and the Austin Bar Association today: continuing education, relationship building, support systems to help my work, and the invaluable feeling that comes with serving those in need. What would you tell lawyers who question the importance of local bar activities? Why did we decide to go to law school and enter the practice of law? And why did each one of us decide to make Austin our home? We are all extremely continued on page 4 2 Austin Lawyer July/August 2014 austin lawyer Austin Lawyer (ISSN #10710353) is published monthly except for July/August and December/January at the annual rate of $10 of the membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 816 Congress Ave., Suite 700, Austin, Texas 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 816 Congress Ave., Suite 700, Austin, Texas 78701. The views, opinions, and content expressed in this publication are those of the author(s) or advertiser(s) and do not necessarily reflect the views or opinions of the Austin Bar Association membership, Austin Bar Association Board of Directors, or Austin Bar Association staff. As a matter of policy, the Austin Bar Association does not endorse any products, services, or programs, and any advertisement in this publication should not be construed as such an endorsement. Contributions to Austin Lawyer are welcome, but the right is reserved to select and edit materials to be published. Please send all correspondence to the address listed below. For editorial guidelines, visit austinbar.org in the “About Us” tab. Austin Bar Association Judge Elisabeth Earle......... President Judge Eric Shepperd.......... President-Elect Leslie Dippel.................... Secretary Amy Welborn................... Treasurer Christopher J. Oddo��������� Immediate Past President Austin Young Lawyers Association Amanda Arriaga............... President Chari Kelly....................... President-Elect Katie Fillmore................... Treasurer Dave Floyd....................... Secretary David Courreges............... Immediate Past President Austin Lawyer ©2014 Austin Bar Association; Austin Young Lawyers Association Executive Offices 816 Congress, 7th Floor Austin, Texas 78701-2665 E-mail: austinbar@austinbar.org Website: www.AustinBar.org Ph: 512-472-0279 | Fax: 512-473-2720 DeLaine Ward.................. Executive Director Kat Hinson....................... Managing Editor Debbie Kelly.................... Director of AYLA Kennon Wooten............... Editor-in-Chief Britni Rachal..................... Editorial Assistant Published by Monarch Media & Consulting, Inc. Ph: 512-680-3989 | Fax: 866-328-7199 www.monarchmediainc.com Advertising inquiries call 512-293-9277. July/August 2014 Austin Lawyer 3 Austin Bar Interviews Incoming President, Judge Elisabeth Earle continued from cover blessed to live in a city like Austin, Texas, and we owe it to our beloved profession and our neighbors to support one another in our work. The Austin Bar Association provides the support and the resources for each of us to give back to a profession that allows us to call this incredible city home. What’s your advice to anyone who wants to get involved with the Austin Bar but is worried about managing time? Each of us is juggling a career, family, friends, finances, etc. Sometimes we just can’t imagine adding another commitment to our plate. I share your concern and recognize that we all have important responsibilities, but I also believe that becoming involved with the Austin Bar, serving on a committee or volunteering at an event, will provide such a benefit to you that you will wish you had become involved earlier. (From left) Jeff, Avery, Elisabeth, and Alexandra enjoying vacation in Southern California. I bring my family with me to some of the Austin Bar’s projects. My daughters deliver donated food and holiday baskets to families opportunities to collaborate with Travis County to improve the in need and my husband has volunteered with the Legal Build provision of legal services to indigent defendants charged with project. criminal offenses, to provide legal services to victims of natural In addition, remember that it’s not just about managing the disasters, and to continue our search for a new home for the time you can give to the bar association. It’s also weighing all Austin Bar. There’s always something new happening at the Bar. the incredible member benefits you receive by being a member, including free CLE programs and some wonderful opportunities What do you look forward to this year as President of the to learn about managing finances and a law practice. Finally, Austin Bar? becoming involved in the bar association will open networking I look forward to building on the incredible work of my predeopportunities that can help build your practice and relationcessors who have made the Austin Bar the respected, essential ships with other attorneys. organization that it is today. Don’t worry, get involved. The return far outweighs the My goals are to use our activities to increase the public’s investment. awareness and appreciation of the outstanding contributions attorneys make in our community. Second, I look forward to Is there anything in particular that you learned during your studying the member survey results, and engaging in dialogue year as president-elect that will help you as president? with our members, to respond to their changing needs, and to Be prepared for the unexpected. Last year the Austin Bar had find ways to deliver the programs and services that are essential 4 Austin Lawyer July/August 2014 to our legal community. Third, I want to promote membership to more local attorneys by sharing all of the benefits of becoming a member of the Austin Bar, regardless of the type of law they practice. The Austin Bar Association provides benefits to all lawyers, regardless of where they practice or what subject matter is their focus. I have already mentioned our free CLE programs, the member benefits programs, and networking with other lawyers in our community. The most direct benefit, however, is the one you will feel in the core of your soul when you volunteer at an Austin Bar or AYLA event. You will see the faces of new families created on Adoption Day, joy-filled faces of parents receiving holiday baskets, or the relief on the faces of people who, during a time of crisis, have received legal help at one of our clinics, including our Veteran’s Legal Clinic or the great work this organization did when helping victims of the Bastrop fires. That is how my passion for the Bar began and my involvement volunteering opened my eyes and my heart to what we, as attorneys in the Austin area, can do to help others who are less fortunate than ourselves. Of course, we can not provide the member benefits that I have mentioned without a home. So I look forward to finding a home for the Austin Bar Association and making sure we are fiscally responsible as we make our move. You are newly married and have two daughters. Do you expect there to be any challenges juggling your responsibilities as a judge, being president of the bar, and family life? I am blessed to have a wonderful, supportive family who understands the importance of giving back to the legal profession that has given us so much. My husband, Jeff Clark, is Execu- tive Director of The Wind Coalition where he is an advocate for clean energy. He is hoping to get involved, and encourage more of his non-attorney peers to get involved, in the Austin Lawyers Auxiliary. My daughters, Alexandra and Avery, are definitely deep into teenage mode, turning 15 and 12 this summer. If anyone has any advice for me, please share! Actually, they are both encouraging and supportive as well. They were born after I became a judge and was already actively involved in the Austin Young Lawyers and Austin Bar Associations. They’ve only known me wearing a black robe and have been volunteering with me since they were big enough to carry a box of groceries. What do you enjoy most about being a criminal judge? In my role, I have the privilege of working with prosecutors, defense attorneys, defendants, and the public to address issues that tear at the heart of our society. We address criminal behaviors with an eye toward punishing the guilty, and preventing recidivism in the future. More importantly, however, our courts seek to address the long-term causes of criminal activity. Whether they are caused by drug and alcohol abuse, or mental illness, we are working to change behaviors. This has a direct benefit to the defendant, to society, and to the taxpayer. I routinely hear, years later, from defendants who have passed through my court who feel the experience was lifechanging in a positive way. To know that our help and the community’s help enabled them to change their behavior and to help them beat their addictions is incredibly gratifying. Those days and those letters are the ones that I cherish most, knowing that our community is better because of the work we do together supporting one another. • AL July/August 2014 Austin Lawyer 5 Celebrating the 2013-14 Bar Year! T he end of the Bar year is a time to celebrate and look back on milestones. The Austin Bar Association closed the 2013-2014 year on June 30 as former officers and directors handed over their titles and positions to the incoming board. Thank you to Immediate Past President Christopher Oddo for a strong year that was filled with productive projects and fun activities, including new events and dozens of traditional programs. Below are the highlights of the 2013-2014 bar year: Member Services Bench Bar Conference – “Bench Bar to the Xtreme” attracted close to 250 people to the Austin Country Club. The theme embraced the upcoming XGames, which occurred in Austin in June. CLE – Almost 4,800 attorneys earned more than 344 hours of CLE, including 46.75 hours of ethics. Judicial Preference Poll – Of the 3,851 eligible Austin Bar voters, 476 (12.4 percent) cast a ballot to choose the most qualified in three local judicial races. Results were released to the local media, posted on the Austin Bar website, and published in Austin Lawyer. Member discounts – Members received discounts on photography, mortgages, business coaching, disability insurance, personal trainers, ABA Law Practice Management books, and credit card processing, as well as discounts with Office Depot, LexisNexis, CLE Online, ESQ Sites, UT Club, and Tiffany & Co. Member Outreach Social Media & Website –Within the 2013-2014 Bar year, the Austin Bar Association saw a 33 percent increase in its “likes” on Facebook. The LinkedIn page is also growing, with more than 100 new connections added to the page. It is also estimated that more than 25,000 people visited the Austin Bar’s website, austinbar.org, in the 2013-2014 Bar year. This page, clockwise from top left: 2014 Bench Bar committee chairs Judge Tim Sulak, Judge Karen Sage, Karen Burgess, and Drew Harris go to the “Xtreme”; Diversity Fellows with co-chairs Tony Nelson (far left), Leslie Dippel (far right), and Judge Lora Livingston (seated); Tristan Henderson with his “forever family” at this year’s Adoption Day; “Wizard of Oz” characters pose with Judge Orlinda Naranjo of the 419th Civil District Court on Adoption Day. 6 Austin Lawyer July/August 2014 Bar Code – The Austin Bar Association launched a new format of its weekly newsletter in 2013. The new format allows more photos for Bar Code. It also includes analytics so the Bar Association can track which events and programs are most interesting to members. Austin Lawyers Assistance Program – Through the Justice Mack Kidd Fund, ALAP provided financial assistance for counseling and medical treatment on a short-term basis for Austin lawyers who suffer from depression or a related illness. Five attorneys applied and were helped in the 2013-2014 Bar year. Service to the Profession Community Service Mentoring Program – 2013-2014 marked the third year for the Austin Bar Mentoring Program. Twenty-five new attorneys were paired with mentors. During the year-long program, participants met for bimonthly CLE with topics including legal writing, balancing work and family, and integrity in practice and the courtroom. Diversity Fellowships – Seven students were selected to participate in the 2014 program, which pairs minority students with local courts and law firms. The Austin Bar Foundation provides the $5,000 stipend, which is funded by charitable donations from participating firms. Austin Adoption Day – Twenty-nine Austin-area families welcomed 47 children into their homes on November 7, 2013. “There’s No Place like Home” was the theme, and gray courtrooms were transformed with balloons, stuffed animals, and a yellow brick road. Also for the first time in 2013, Adoption Day received national media coverage on ABC World News Now. NEW Heart Walk – The Austin Bar Association honored the life of Austin Bar Member Ross Ehlinger by walking in the 2013 American Heart Association’s Austin Heart Walk. Members continued on page 8 This page, clockwise from top: Austin Bar participants at the 2013 Heart Walk; AYLA award winners James Nortey II and Lourdes Flores with AYLA President David Courreges at Law Day; (from left) 2014 Law Day Co-chair Rudy Metayer, poster contest winner Celeste Metayer, Chris Oddo, second place Essay Contest winner Grace Gnasigamany, first place Essay Contest winner Alexander Gorden, third place Essay Contest winner Mary Emma Gary, Judge Elisabeth Earle, State Representative Rafael Anchia. July/August 2014 Austin Lawyer 7 A Look Back at the 2013-2014 Bar Year continued from page 7 raised close to $15,000 to improve cardiovascular disease awareness and patient care. Legal Build – A bi-annual project with Habitat for Humanity, the Austin Bar completed building a $65,000 house for the Ruiz family. Law Day – The theme for the Law Day 2014 was “Why Every Vote Matters.” In celebration of the nationally recognized day, poster and essay contests were held for students, with more than 40 essays and several posters submitted. People’s Law School – Close to 100 people attended free basic legal classes taught by Austin lawyers in February 2014. At the September 2013 event, more than 50 people attended, accessing both English and Spanish classes. Legal Services for Flood Victims – After heavy rains flooded out several Central Texas communities in October NEW 2013, the Austin Bar Association stepped in to provide legal clinics and call-in help lines for flooding victims. Dozens of attorneys also volunteered their time to help clean out homes, sort donated goods and food, and assist people at community shelters. Veterans Initiative – Attendance is up at the Austin Bar Association’s monthly clinics at the Austin VA Outpatient clinic. More than 1,700 veterans attended clinics in the 2013-2014 Bar year. That’s an increase of about 200 veterans from the year before. Austin Bar Foundation Gala – The Four Seasons Ballroom was decked out with posters of local hotspots to go with the theme “Austin City Lawyers: Going Local with the Bar” at this year’s 11th annual Gala. The 2014 event raised more than $80,000 for the Austin Bar Association’s charitable projects. • AL From left: The Four Seasons Ballroom was filled with Austin chic as 500 people gathered at the 2014 Foundation Gala; (from left) Austin Bar President Chris Oddo with Distinguished Lawyer Award honoree Pete Winstead, Austin Bar Foundation Chair Lance Sharp, and Distinguished Lawyer Award honoree Dave Richards at the Gala. Photos by Carol Smith. Thorough and Supportable Business Valuations Since 1996 Edward C. Fowler, CFA, ASA, MAFF edward@financial-valuations.com 8 Austin Lawyer July/August 2014 Tel: (512) 476-8866 www.financial-valuations.com Board Members Honored at Year-End Reception I n late May, board members from the Austin Bar Association and the Austin Young Lawyers Association came together to celebrate the completion of the 2013-2014 Bar year. Each outgoing president thanked the board members for their hard work and recognized several individuals for their exceptional efforts. Austin Bar President Christopher J. Oddo presented the Outstanding Director Award to Shannon Meroney. Judge Karen Sage, Karen Burgess, and Judge Tim Sulak were honored with the Outstanding Committee Chairs award for their work on the 2014 Bench Bar Conference. “I feel unworthy of the recognition,” said Sulak, who added that the honor is really a tribute to excellent leadership and membership of the organization as a whole. “The combined efforts make the Austin Bar Association a significant factor in the privilege that it is to be a member of the legal profession in Austin.” Austin Bar Past President Lance Sharp thanked Oddo for his leadership and excellent service to the bar during his tenure as president. “Chris has had a very successful year and has been great for this organization,” said Sharp. “His leadership has benefited the Austin Bar and the people we serve.” Austin Young Lawyers Association President David Courreges presented the Outstanding Director Award to Austin Kaplan and the Outstanding Committee Chair Award to Jorge Padilla, co-chair of the Trial Academy. Mary Ellen King received the AYLA President’s Award of Merit, which is presented to a board member who is consistently active throughout the year and who eagerly takes on leadership positions. This year, King served as co-chair of the Judicial Reception, Holiday Baskets, Membership, and Website committees and participated in several others. The honor is really a tribute to excellent leadership and membership of the organization as a whole. — Judge Tim Sulak “I was beyond honored,” said King, who was completely surprised by the award. “I always dedicated part of my life to the Bar and community service, with my focus on the reward of service to others. Receiving the AYLA President’s Award of Merit from David Courreges this year made that service even more memorable.” Incoming AYLA President Amanda Arriaga presented Courreges with a plaque for his service to AYLA and praised Courreges’ leadership and vision. King added, “David is an inspiring leader, and I have enjoyed working with him.” The year-end reception is an annual tradition to wrap up the Bar year and recognize the impressive efforts of the Austin Bar and AYLA leadership. • AL Clockwise from top left: Austin Bar President Christopher Oddo (right) presented Judge Tim Sulak (left) and Karen Burgess (center) with Outstanding Committee Chair awards for their leadership in the 2014 Bench Bar Conference; AYLA President David Courreges (left) presented Mary Ellen King with the AYLA President’s Award of Merit; Austin Kaplan (left) received the Outstanding Director Award from President David Courreges; Christopher Oddo (left) presented the Outstanding Director Award to Shannon Meroney. July/August 2014 Austin Lawyer 9 Color of Justice Event Helps Pave the Way for Diversity By Judge Orlinda Naranjo, 419th Civil District Court T he seventh annual Color of Justice event was held April 16, 2014, to benefit young minorities in Austin. Approximately 70 students attended from two different high schools, East Austin College Preparatory and Akins. As part of the program, University of Texas law student Andrea Meza received a $1,000 scholarship. The Access to Justice scholarship is given by the National Association of Women Judges to students who demonstrate a commitment to achieving equality of opportunity and access in the justice system. Meza became committed to immigration law after attending undergraduate school in Arizona, where she saw firsthand the discrimination against undocumented immigrants. The secondyear law student already has a lengthy background, including recognition from UT as a pro bono scholar for work she has done with immigration law clinics. The event also featured two panel discussions with speakers who shared their personal experiences and backgrounds. While encouraging students to pursue a career in law, they discussed the importance of lawyers and judges in our society. The first panel, “The Color of Justice: Making a Difference,” was led by several judges, including several who are the first African American and Latinas on their respective benches. Judges in attendance included Texas Supreme Court Justice Eva Guzman, Judge Orlinda Naranjo of the 419th Judicial District, Judge Brenda Kennedy of the 403rd Judicial District, and Judge Carlos Barrera of the County Court at Law #8. Elizabeth Branch, a member of the Travis County Women Lawyers’ Association served as moderator. Meza served on the second panel, “Law as a Career: Preparing the Way,” alongside several professionals, including Manuel Escobar with McGinnis Lochridge; Travis County Assistant District Attorney Gary Cobb; and Assistant Director of Advocacy PRIMA FACIE The evidence speaks for itself. TLIE is the best in Texas. Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. TLIE is also a Preferred Provider of the State Bar of Texas and has returned $32,800,000 to its policyholders. With all of these accolades as well as being in the business for over 35 years, doesn’t TLIE make the BEST all around choice for you? 512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG 10 Austin Lawyer July/August 2014 UT Law School Student Andrea Meza (left) receives a scholarship from Judge Orlinda Naranjo. Programs at UT Law School, Tracy McCormack. President of TCWLA Diana Reinhart, who also works as an attorney with Richardson + Burgess, served as moderator. NAWJ would like to thank the Travis County Women Lawyers’ Association, the UT School of Law William Wayne Justice Center for Public Law, and NAWJ District Judge Director Orlinda Naranjo for helping to put on the Access to Justice event. NAWJ also thanks sponsoring law firms Baker Botts; Wilson, Sonsini, Goodrich & Rosati; and Winstead. • AL Why do advertisers turn to the SEPTEMBER issue of AUSTIN LAWYER? #1. EXPANDED READERSHIP The September issue reaches an additional 3,500 attorneys in Austin bringing total readership to 7,000+ legal professionals. See your marketing dollars go further; reserve your ad space by August 19TH! CONTACT: Chellie Thompson Monarch Media & Consulting, Inc. chellie@monarchmediainc.com • 512.293.9277 austin lawyer 7,000+ AUSTIN BAR MEMBERS IN SEPTEMBER Texas Access to Justice Commission to Hold New Summit Law Student Leaders Access to Justice Summit Promotes Pro Bono Services N early six million low income Texans are in need of a lawyer, but the state only has enough free legal resources to help 20-25 percent of them. In an effort to lessen this problem, the Texas Access to Justice Commission has plans for a new project this fall. A brand new event, the Law Student Leaders Access to Justice Summit will be held Oct. 9-10 at the Texas Law Center. Summit organizers hope to attract up to 10 students from each law school across the state to this free event. They only ask that students promise to share what they learn with their peers and pledge to offer pro bono services to needy Texans in the future. “There are numerous things that law students can do to help ease the burden faced by this underserved population,” said Kristen Levins, who works as a staff attorney with the Texas Access to Justice Commission. “The student participants will learn about the ways they can get involved while still in law school. They will further learn how to be involved once they begin their practices.” Summit participants should expect a lot of hands-on work and demonstrations. An in-depth simulation designed by a nationally-known consulting firm, Tiela Chalmers, will give them more insight into what life is like for Texans living in poverty. The role play simulates a five-week time frame to show what life is like for families struggling to survive. “Participants will be divided into ‘families’ ranging in size from one to five persons. Each group is assigned a different life scenario, and participants live the life of that family for five weeks, trying to work and access benefits, buy food, and maintain housing,” explained Levins. “It is a powerful education tool because the students actively take on the roles of low-income families.” Besides an interactive simulation, students will also engage in open round table discussions on what they learn. Experi- enced lawyers will provide advice on how to get involved in pro bono projects and internships, while helping the students develop an official plan of action. Experienced lawyers will provide advice on how to get involved in pro bono projects and internships, while helping the students develop an official plan of action. The Texas Bar Foundation is providing $20,000 to start the summit. The event meets the foundation’s new project funding criteria for fostering legal services for the indigent or for victims and enhancing the administration of justice. “Since its inception in 1965, the Texas Bar Foundation has awarded more than $15 million in grants to law-related programs,” said Andrea Stone, executive director of the State Bar Foundation. “Supported by members of the State Bar of Texas, the Texas Bar Foundation is the nation’s largest charitably-funded bar foundation.” Registration for the summit will open this fall. Due to the nature of the summit, only ten students from each school will be able to attend. Interested students should contact their school administrators for more information. Attorney volunteers are also needed to speak and perform simulation roles during certain presentations. Any Austin Bar Association members who wish to participate should contact Levins at Kirsten.Levins@texasbar.com or 512-427-1895. • AL July/August 2014 Austin Lawyer 11 2015 Jury Schedule Travis County Civil District Courts Warren Vavra Court Administrator Lora J. Livingston Local Administrative Judge January April July February May August November March June September December 5 Non-Jury 12Jury 19 Non-Jury 26 Jury 6 Jury 13 Non-Jury 20Jury 27 Non-Jury 2 Non-Jury 9Jury 16 Non-Jury 23 Jury 2 9 16 23 30 4Jury 11 Non-Jury 18 Jury 25 Non-Jury Non-Jury Non-Jury Settlement Jury Non-Jury 1Jury 8 Non-Jury 15 Jury 22 Non-Jury 29 Non-Jury Holidays Jan. 1 Jan. 19 Feb. 16 May 25 July 3 Sept. 7 Nov. 11 Nov. 26-27 Dec. 24-25 New Year’s Day MLK Day President’s Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas Observance 6 13 20 27 October Jury Non-Jury Jury Non-Jury 5 Non-Jury 12Jury 19 Non-Jury 26 Jury 3 Non-Jury 10Jury 17 Non-Jury 24 Non-Jury 31 Jury 2 9 16 23 30 7 Non-Jury 14Jury 21 Non-Jury 28 Settlement Non-Jury Non-Jury Jury Non-Jury Jury 7 Non-Jury 14Jury 21 Non-Jury 28 Non-Jury Civil Case Setting Information To set civil cases online, visit: civilcourtsonline.org To obtain information, contact: Court Administrator’s Office P.O. 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(866) 638-8239 (Fax) loumccreary@yahoo.com opening statement Shedding Light on Ambiguous Modifiers How to Handle Squinting, Dangling, and Misplaced Modifiers By Wayne Schiess, University of Texas School of Law T his column discusses three types of ambiguity that appear in legal writing and suggests ways to avoid them. The three are squinting modifiers, dangling modifiers, and misplaced modifiers. Squinting Modifiers Also called a “two-way modifier,” a squinting modifier — usually an adverb — is one that could modify either the word or phrase before it or after it, like this: Filing motions frequently is tedious. This sentence contains a squinting modifier: frequently. The writer could be referring to filing frequently or to being tedious frequently. It’s ambiguous. Depending on your intended meaning, you could write this: Frequently filing motions is tedious. (Or perhaps it’s even clearer this way: Frequent filing of motions is tedious.) Or this: Filing motions is frequently tedious. Watch for squinting modifiers and move the modifier to fix the ambiguity. Dangling Modifiers A dangling modifier appears in an introductory phrase, but the noun it refers to or modifies doesn’t immediately follow it. So the modifying phrase isn’t connected to the noun it modifies and is said to “dangle.” For example: To prevail under the Whistleblower Act, the Court of Appeals has held a plaintiff must prove three elements. The introductory phrase, to prevail under the Whistleblower Act, refers to or modifies someone or something, but what? By the rules of English syntax, the introductory modifying phrase refers to the noun that follows it. Here, that’s Court of Appeals, which makes no sense. Instead, it should modify plaintiff, which appears later. To fix the dangling modifier, we can place plaintiff immediately after the introductory, modifying phrase: To prevail under the Whistleblower Act, a plaintiff must prove three elements, the Court of Appeals has held. But we have other options, like this: The Court of Appeals has held that to prevail under the Whistleblower Act, a plaintiff must prove three elements. The point is to be sure the noun you intend to modify follows the introductory, modifying phrase. Here’s another kind of dangling modifier: Having completed the research, no answer emerged. Because the introductory modifying phrase begins with a present participle, having, it’s called a “dangling participle.” In this sentence, the noun to be modified isn’t in the wrong place; it’s missing entirely. The noun to be modified is probably I, the writer, so a possible revision would place the missing noun immediately after the modifying phrase: Having completed the research, I found no answer. Yet the original dangling participle probably resulted from the writer’s desire to avoid the first-person pronoun. There’s nothing wrong with I, of course, but in some legal documents, it might be too personal or informal. Try this: The research produced no clear answer. Misplaced Modifiers Sometimes legal writers place modifying prepositional phrases in places that muddle the meaning: The attorney mentioned unfounded charges, including bullying, assault, and molestation in the e-mail. The modifying prepositional phrase in the e-mail is misplaced, suggesting that molestation occurred in the email. The general rule is to place a modifying a phrase as close as possible to the thing it modifies. This is better: The attorney mentioned unfounded charges in the email, including bullying, assault, and molestation. Or this: In the e-mail, the attorney mentioned unfounded charges, including bullying, assault, and molestation. Review your text carefully to eliminate these sometimes unintentionally humorous ambiguous modifiers. Misplaced Modifier: Place a modifying a phrase as close as possible to the thing it modifies. Of course, a single word can also be misplaced, and one commonly misplaced word is only. Misplacing only changes meaning. Compare The order only modifies the forfeiture remedy with The order modifies only the forfeiture remedy. Careful writers place only directly before the thing it modifies. • AL July/August 2014 Austin Lawyer 13 You’re busy looking out for your clients’ needs. Who’s looking out for yours? Retirement Plans • College Savings Plans • Stocks Municipal Bonds • Mutual Funds • Financial Planning SWS Financial Services, Inc. 98 San Jacinto Blvd. | Suite 370 | Austin, TX 78701 (512) 302-6051 kaighinjr@swsfinancial.com MEMBER: FINRA/SIPC, OFFERING GENERAL SECURITIES THROUGH SWS FINANCIAL SERVICES, INC. 14 Austin Lawyer July/August 2014 3rd court of appeals update T he following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2014. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of June 17, 2014. Health care liability: Attaching wrong report to petition constitutes “no report.” Reddy v. Hebner, No. 03-1200675-CV (Tex. App.—Austin May 2, 2014, no pet. h.). Plaintiffs served their expert report with their pre-suit notice letter. When they filed their lawsuit, however, plaintiffs attached a report from a different case. The trial court denied Dr. Reddy’s motion to dismiss. The court of appeals concluded that because the report did not pertain to Dr. Reddy, the report constituted no report and the trial court had no discretion but to dismiss. The court further concluded that plaintiffs’ pre-suit service of the correct report did not satisfy the statute. The court reversed and remanded with instructions to award Reddy attorney’s fees and to dismiss. The dissent concluded the report was deficient, but curable, as opposed to being “no report.” Trial procedure: Defective service can be raised for first time on appeal. Hoffpauir v. Kretz, No. 03-1300597-CV (Tex. App.—Austin May 6, 2014, no pet. h.). Kretzes sued Hoffpauir Inc. and attempted to serve its registered agent, Lee Hoffpauir. The return of service and the green card indicated the district clerk mailed process to Mr. Hoffpauir with delivery restricted to addressee only. The green card, however, was not signed by Mr. Hoffpauir. Kretzes obtained a default judgment and after trial on damages, a money judgment against Hoffpauir, Inc. Hoffpauir Inc. filed a motion for new trial but did not complain of defective service. On appeal, Hoffpauir, Inc. raised the defective service. The court of appeals concluded that under TRCP 324, service defects are not required to be raised in a motion for new trial. The court held that a defendant may raise a defective-service complaint for the first time on appeal. The court reversed and remanded. Trial procedure: Court reverses denial of Rule 91a motion to dismiss on immunity. City of Austin v. Liberty Mut. Ins., No. 03-13-00551-CV (Tex. App.—Austin May 16, 2014, no pet. h.). Insurers sued City for damages caused by a fire, alleging inverse condemnation and tort claims. Insurers alleged City’s overhead distribution lines, for which City did not schedule regular maintenance, caused the fire. City alleged it was immune and sought a Rule 91a motion dismissal. The trial court denied City’s motion. According to the court of appeals, for insurers’ takings claim to be valid, the damage had to be the almost-certain result of City’s decision to forego overhead power line inspection. The court concluded that the facts did not reasonably permit the conclusion that the fire and resulting damage were substantially certain to occur. Thus, insurers failed to state a valid takings claim and City retained its immunity. Insurers’ tort claims were based on City’s operation of a public utility, which is a proprietary function. Thus, insurers’ tort claims were not barred by immunity. The court reversed and rendered judgment dismissing the takings claims and affirmed on the tort claims. Trial procedure: Damages from unpermitted septic systems are not inherently undiscoverable. Swanson v. Stouffer & Assocs., LLP, No. 03-12-00071-CV (Tex. App.—Austin May 30, 2014, no pet. h.) (mem. op.). After purchasing an RV Park, Swanson discovered defects in the septic system, including that it was not properly permitted. Swanson sued her lender’s appraiser for failure to discover the defects. The district court granted summary judgment for Stouffer on limitations. Swanson argued her claims were inherently undiscoverable and thus limitations were tolled. According to the court of appeals, Swanson’s injuries were not the type of Laurie Ratliff is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is a shareholder with Ikard Golden Jones. From 1998 through 2001, she was a staff attorney with the Third Court of Appeals. injuries that were inherently undiscoverable. Septic tank permits are available in the county records and were readily discoverable. Further, the court concluded that Swanson was not reasonably diligent in obtaining the septic system information before purchasing the park. The court affirmed. • AL July/August 2014 Austin Lawyer 15 beyond the practice Austin Attorney Takes on Archaeological Sites and Pyramids By Britni Rachal, Austin Bar Association This page: Jerikay Gayle takes photographs while on an Alaskan whale spotting trip. Opposite: (clockwise from top) Gayle treks the back country to reach 3,500-year-old Native American rock petroglyphs. Lecturing in Egypt, Gayle pauses between the Paws of the Sphinx. Gayle helps recover musket balls from LaSalle’s 1686 shipwreck. F rom studying Neanderthal settlements and prehistoric painted caves in Europe to scuba diving in the underground cavern systems in Yucatan, Mexico — City of Austin attorney Jerikay Gayle knows how to successfully pursue multiple passions at the same time. Gayle has practiced law for 32 years, but her day job hasn’t kept her from pursuing adventures within her original career field, archaeology. After working as an archaeologist for a few years and struggling to get by as a single mother, Gayle decided to go to law school in 1980, because she thought it might provide a more comfortable lifestyle for her family. Now, decades later she has a successful law career under her belt and is graduating from the University of Manchester in England this summer with an honors diploma in Egyptology. She averages at least one or two big trips around the globe each year and runs an international photography business based on those trips. Volunteering avocationally on archaeology digs in Mexico and Central America is another way she spends time 16 Austin Lawyer July/August 2014 out of the office. A lot of people wonder — with one son, three stepsons, and now several grandchildren — how has she had the time and energy to fit it all in? “I think when I was young I was always in a hurry, and that just became the pace of my life. I wanted to graduate high school early, so I did,” said Gayle, as she remembered getting on a bus the morning after graduation to go to college at age 17. The then-busy teen did not stop there. After a little more than two years in college, she graduated from Sul Ross State University in Alpine, Texas, at age 19. Two degrees and a 4.0 grade point average were among her accomplishments, along with getting her first taste at what would become a life-long passion for travel. Gayle started small — first going to Mexico and branching out to Central America during spring break, where she rented a hammock to sleep on in the town square. A $300 loan from a bank helped buy her airplane ticket, but she had to put her bat- A surprise trip to the Queen of England’s Royal Palace in Scotland was the result of one of Gayle’s random encounters, after she became fast friends with a man who was wearing full Scottish attire, including a plaid kilt. Open-minded travel gives a wonderful opportunity to [meet] interesting people who are interested in other people. tered 1963 Volkswagen Beetle up for collateral. “I really think traveling on a shoe string affords you so many more experiences,” said Gayle. “I’ve never had what I would consider a bad travel experience. I’ve been mugged before, and I’ve been broke before, and I’ve been ill before in foreign countries. I’ve certainly had experiences like that. But those are not bad per se. Those types of things have happened to me stateside too. I think that it’s all just really part of the larger experience.” The larger experience for Gayle usually means meeting a lot of interesting people along the way. While staying in her hammock in Central America, she met a family who were caretakers of a supposedly haunted lighthouse and later invited her to move her hammock and stay with them. “Open-minded travel gives a wonderful opportunity to slot yourself into this invisible worldwide network that’s made up of interesting people who are interested in other people,” said Gayle. “I find that they always give you more than they get from you.” “He was an antique lighting restorer, and he asked me if I wanted to tag along on a job. It turns out he was installing chandeliers that he had redone for the Queen. So all of a sudden I was inside the palace,” said Gayle. “It’s not an open palace. Most folks don’t get to have a private glimpse, and it all came about because of a chance meeting.” Seeing the oldest known artwork on the planet is another one of Gayle’s most cherished memories. She used contacts with professors to gain access to the caves in France and Spain, where artwork from 30,000 BC to about 12,000 BC is visible, representing the very origin of art created by humankind. Some of her favorite caves include Altamira in Spain and Lascaux, Font-de-Gaume, Peche Merle, and Rouffignac in France. To this day, most of them are closed to the public, with no plans to ever reopen them for everyday tourism. “There was just a little old lady with a huge iron key that climbed up the hill and unlocked it,” Gayle said, as she recalled touring the cave with her husband. “Some of these caves are just narrow niches hidden far off the beaten path, and they don’t have a lot of people who are interested in making an effort to explore them,” explained Gayle. “They’re glad when someone shows genuine interest, and they want to show you their archaeological sites. And I will certainly take them up on that!” Gayle’s interest in archaeology is something she shared with her son, stepchildren – and now, her grandchildren. Today Gayle’s children are grown, with children of their own, but Gayle used to take them on her archaeological trips, which sometimes meant naps on huge overturned stone serpents and sacrificial tables. The memories are something her 38-year-old son is so fond of, he actually named his firstborn daughter, Maya, in honor of the time the family spent in the Mayan archaeological sites. Though Gayle enjoys talking about all of her adventures, don’t ask her where her favorite place to travel is! For Gayle, it’s like asking her to choose her favorite child. She does, however, have a special place in her heart for Egypt. The travel-enthusiast has visited Egypt three times, including a recent trip in 2013, in the midst of the troubled country’s revolution. Tense times could not keep Gayle from driving from Cairo to the middle and southern parts of Egypt, near Sudan. continued on page 18 July/August 2014 Austin Lawyer 17 Attorney–Archaeological Adventurer Explores Life to the Fullest continued from page 17 Instead, she hired guards to escort her to sites and areas that fascinated her. “You could hear gunfire, and we had some drivers that were probably having to risk buying fuel on the black market to even get us from site to site,” explained Gayle. “So it was definitely dicey, but it’s all part of the experience. We made it back unscathed.” During previous trips, Gayle received personal escorts across iconic pyramids in Egypt by some of the most famous Egyptologists, including a man named Ashraf Mohi El Din, who has also escorted heads of state and notable politicians, including President Barack Obama and U.S. Senator John McCain. Not only that, but Gayle used connections with professors to spend time alone in the King’s Chamber in the Great Pyramid of Egypt — a place where only a small percentage of people have ever been. “You just never know. There’s always fascinating individuals you just happen to come across,” said Gayle, who loved her trips to Egypt so much she decided to pursue a degree in Egyptology from the University of Manchester. She hasn’t actually visited the university yet — instead she skypes in for class. “It’s a three year, 120-credit program that I just completed, and I’ll go to England on July 25 for my graduation ceremonies. I’m now electing to do an additional two years for a certification as an Egyptologist,” said Gayle. 2014 is already a very busy year for Gayle. Some of the archaeological findings she worked on will be on display at the Bullock Texas State History Museum this fall. Robert de La Salle’s ship, La Belle, which wrecked in Matagorda Bay in 1686, will be featured in a new exhibit. Helping to recover the ship’s artifacts and the only human skeleton found in the wreck are two of the roles Gayle played on that dig. If that’s not enough, Gayle’s other business venture, an international photography business, is also taking off. Accessing hard to reach places led her to begin photographing things, and before she knew it, she had a photography business that she never even planned for. “My personal mantra has been that I will shoot places as long as the process doesn’t intrude too much on the actual experience,” said Gayle, who is self taught in taking photos. “As Practical Fitness! Your Goals. In Less Time™! "For busy professionals and people that appreciate privacy" REMODEL AND RESHAPE YOURSELF, RE-‐ENERGIZE, BE MORE PRODUCTIVE, ENJOY MORE OF LIFE! by appointment only, private, 30-minute, once or twice-a-week MEMBER SPECIAL BENEFITS www.practicalfitness.net 512.922.9816 North: 11602 Jollyville Road (Jollyville & Duval) South: 3115 South First St. (South First & South Park) 18 Austin Lawyer July/August 2014 Jerikay Gayle opens a gallery show featuring her travel photography canvases. long as I’m still really feeling the moment rather than worrying about technical aspects, it all works in harmony for me.” Over the last few years, Gayle has won several awards, and her photographs have been selected for juried shows. She sells about 25 to 30 pieces on average each year. Even with all the extra excitement, for right now, it doesn’t appear Gayle’s success in her new business venture or upcoming Egyptology certification will keep her away from the courtroom. The adventurist says she does not plan on going anywhere — or at least not anywhere for too long. For Gayle, Egyptology is a fun hobby, not something designed to help her get a professorship or teaching position. “I have had a fabulous legal career, and I plan to practice law right here at the City of Austin for years to come,” said Gayle. Proof that when developing multiple interests and hobbies, growing a legal career, and raising a large family — you can sometimes have your cake and eat it too. • AL David C. Tucker CPA, RTRP Principal David Tucker CPA PC your success is our success Lamar (main) 9200 North Lamar, Suite 103 Austin, TX 78753 Fax: 512.462.2715 Email: David@DtuckerCPA.com Parmer 2207 West Parmer Lane Austin, TX 78727 Fax: 512.410.5600 Office: 512.462.3656 www.DtuckerCPA.com briefs Keyser, Parsons, and Ruffner In the News Brian Sledge, Kirsten Fancher, Shuana Fitzsimmons, Erin Zoch, and Bryan McMath, all formerly with Lloyd Gosselink, have formed Sledge Fancher and opened their new offices. The new firm will continue the group’s focus on water and environmental laws, and lobbying on various public policy issues before the Texas Legislature. 919 Congress Ave., Suite 460, Austin, TX 78701. Eleanor Ruffner opened her own solo practice in February 2014. The Law Office of Eleanor Ruffner focuses on commercial and general civil litigation and appeals on behalf of individuals and small businesses. 1403 W. 6th Street, Austin, TX 78701; 512-913-7576. Kudos Jason Spencer, construction lawyer and shareholder at Andrews Myers’ Austin office, has been admitted to the American Arbitration Association’s National panel of neutrals to serve as an arbitrator and mediator in construction law matters. Spencer is one of less than 100 AAA panelists from Texas and less than 800 chosen in the U.S. for construction arbitrations and mediations. Appointments/Elections The following individuals have been elected as the 20142015 officers of the Austin Legal Professionals Association: President - Theresa Ann Alba, Husch Blackwell Vice President & Membership – Marlena Johnson, Lloyd Gosselink Corresponding Secretary – Mary Alice Cook, Kasling, Hemphill, Dolezal & Atwell Recording Secretary – Gina Picasso, Germer Beaman & Brown Treasurer – Patti Heaney, Van Osselaer & Buchanan Director – Mary Bernal, Lloyd Gosselink Dirk Jordan of the Jordan Law Firm has been elected to the Board of Trustees of the American Inns of Court. He will serve a four-year term beginning in October 2014. He is the first Austin lawyer to serve on the American Inns of Court Board of Trustees. Awards Paul Parsons was recognized in May by the Austin Chapter of the Federal Bar Association with the inaugural Outstanding Community Service Award. Parsons has practiced immigration and nationality law in Austin since 1978. David E. Chamberlain received the 2014 State Bar of Texas “Standing Ovation” award for his volunteer work and service to the Bar. Chamberlain was one of six attorney volunteers who received the award from the TexasBarCLE. Donna Brown also received the “Standing Ovation” award from the staff of TexasBarCLE for her exceptional contributions in 2013 to the Bar’s continuing legal education efforts. Brown has delivered over 150 presentations and served on numerous planning committees since 1987 on creditors’ rights. She is also a member of the Editorial Committee for the Texas Collections Manual published by the State Bar. New Digs Stephen Jon Moss has moved his office. Moss will continue his civil and administrative litigation practice, including transactional matters and mediation services. 8200 N. Mopac Expressway, Suite 230, Austin, TX 78759; 512-249-1300 The Law Office of Leslie J. Boykin is relocating. Leslie Boykin is the solo practitioner of this full-service criminal defense practice, where she represents those charged with state or federal crimes. Boykin has owned and operated her practice for nine years. 704 West 9th St., Austin, TX 78701; 512-912-9977; leslieboykinlaw@gmail.com. New to the Office Texas real estate boutique firm McLean & Howard welcomes associate Leslie Keyser. Keyser has experience in corporate, transactional, and real estate law from serving as in-house counsel for TempleInland. 901 S. Mopac Expressway, Bldg. II, Suite 225, Austin, TX 78746; 512-328-2008; mcleanhowardlaw.com. Gray Laird has joined the City of Austin Law Department’s Litigation Division. Before joining the City, he served as partner in the law firm Page, Kruger & Holland in Jackson, Miss., and was an associate attorney with the law firm Allen, Vaughn, Cobb & Hood. Laird received his undergraduate and law degrees from the University of Mississippi. gray.laird@ austintexas.gov. Lauren Bellomy has joined the City of Austin Law Department’s General Counsel division. Prior to joining the City, Bellomy worked as an Assistant General Counsel for the Texas Ethics Commission and as a research attorney for O’Connor’s Texas Causes of Action. She received both her undergraduate and law degrees with honors from the University of Texas at Austin. lauren.bellomy@austintexas.gov. Dan Austin has joined Austin-based law firm Wittliff Cutter as a partner. Wittliff Cutter serves the needs of technology and digital media companies. Austin’s experience involves a broad range of emerging growth industries, including technology, energy, and life sciences. 1803 West Ave., Austin, TX 78701; 512-590-0890. Mark. E. Nogalski and Joseph Walsh have joined Sleman Munson & Lerner. 901 S. Mopac Expressway, Barton Oaks IV, Suite 200, Austin, TX 78746; 512-505-5955. If you are an Austin Bar member and you’ve moved, been promoted, hired an associate, taken on a partner, or received a promotion or award, we’d like to hear from you. Notices are printed at no cost, must be submitted in writing, and are subject to editing. Items are printed as space is available. Information on lawyers who are not Austin Bar members will not be printed. Announcements for briefs should include all pertinent information including firm name, address, and contact numbers. Send submissions to Communications Assistant Britni Rachal at britni@austinbar.org. July/August 2014 Austin Lawyer 19 w w w. a y l a . o r g Interview with Incoming AYLA President Amanda Arriaga Let’s start with everyone’s favorite question: Tell us a little about yourself. I grew up in McAllen, Texas. In high school, I was a nerd and involved in all of the campus activities. Though I respect authority, I can’t necessarily hold my tongue when I think something is being handled incorrectly. I think my biggest accomplishment in high school was banding together with the student body presidents from the other area high schools and protesting the school board when they decided to take away exemptions from final examinations for seniors in the middle of the semester. No, it wasn’t quite as dramatic as when the gang on Beverly Hills 90210 protested to allow Donna Martin to graduate. However, we three high school seniors were able to convince the school board, through sound reason, to let us have our exemptions. That was pretty cool. After that I attended Texas A&M and got a business degree, and then I attended University of Texas Law School. Upcoming Events Meet the Projects Thursday, July 17 5:30 to 7:00 p.m. See right for details. AYLA Docket Call Thursday, Aug. 21 5:30 to 7:00 p.m. Location TBD Sponsored by Jonathan Sarver & Jeff Macy, BBVA Compass Mortgage Banking Officers 20 Austin Lawyer July/August 2014 Why did you first get involved with AYLA? I got involved in AYLA right out of law school. At UT Law School, I was active in the Student Bar Association and Assault and Flattery (the law school musical). So, in the fall of 2004, I auditioned for Bar & Grill. At auditions, I met Amy Welborn, who was on the AYLA board. She encouraged me to join an AYLA committee and wouldn’t take no for an answer. The rest is history. What is your favorite part of being in AYLA? I love that we have a platform to do great things for the community. We are so lucky to be in this profession and get to do good things at work, so it’s nice to be able to do that on our own time as well. What are your goals for AYLA for this year? I want to make sure that all lawyers, young and young at heart, know that they are welcome to attend and participate in any of our programs. Contrary to popular belief, AYLA isn’t just about parties and happy hours. Most of us are just nerdy do-gooders, who are looking for an outlet to make a difference outside of work. What is an interesting fact about you that people probably don’t know? Most people don’t know that I interned for the CIA in college. Don’t worry, I wasn’t a super spy, but instead was an overt employee, so this article won’t self-destruct. • AL Ice Cream Social Features AYLA Projects On July 17, the Austin Young Lawyers Association invites you to “Meet the Projects.” J oin AYLA on the Terrace (816 Congress, 15th floor) for an ice cream social and a preview of upcoming AYLA projects planned for the 2014-15 year. You’ve seen mentions in Austin Lawyer and the AYLA website about the wide variety of projects organized by AYLA, but may not know the details. This is your opportunity to chat with AYLA board members and committee chairs to find our more about the projects that most interest you. Whether you would like to volunteer for a project or attend an event, the Meet the Projects Ice Cream Social will help you find the perfect fit for you. • AL LegalLine: Answering Calls from the Classroom and Beyond T he Lawyer Referral Service of Central Texas hosts LegalLine, a telephone hotline held on the first Tuesday of every month. Attorney volunteers answer calls from people seeking legal advice. Calls span a wide range of topics and are sometimes full of surprises. While most people who call need advice, in April, an evening business class from Austin Community College called in to get an attorney’s perspective on a legal issue the class was discussing. In June, a caller from Turkey utilized LegalLine to find an attorney in the Austin area. If you receive inquiries outside your practice area, LAURA send to the Lawyer Referral Service or, on the first Tuesday of each month from 5:30 to 7:30 p.m., to LegalLine at 512-472-8303. The Lawyer Referral Service thanks all of the LegalLine Volunteers for donating their time and expertise: April 1 Brant DeVere Mario Flores Hilton Moore Taylor Romero May Yang June 3 Price Ainsworth Tony Ciccone Alex Conant George Lobb Tom O’Meara Erin Shinn • AL To volunteer for a future LegalLine, please contact Christine Lowry at 512-4721311 or Chris@austinlrs.org. Thanks Austin’s Pizza and Planet Sub for generous donations of food to feed the hungry volunteers! Please support these local businesses. May 6 Bill Apt Julia Benkoski Caitlin Haney Matt McChesney John Mendez Mat Rueda JACKS MEDIATION & ARBITRATION LAURA JACKS MEDIATOR ARBITRATOR FORMER ASSOCIATE JUDGE 2463 Westlake Drive, Austin, Texas 78746 512-413-3275 • F: 512-342-7060 ljacks@laurajacksmediator.com PROBATE • CIVIL LITIGATION • FAMILY LAW The Lawyer’s Lender. I Speak Legalese. Jennifer Piskun Johnson, Esq. Mortgage Loan Originator NMLS #1085588 State Bar ID #00791452 512-633-2024 Mobile jenniferp.johnson@bxs.com Apply today: www.jenniferknowsloans.com BancorpSouth.com NYSE: BXS Subject to credit approval. This is not a commitment to lend. Professional/Affluent portfolio loans n Jumbo/super jumbo n Construction n Refinance n Second homes n Condominiums n Investments n upcoming events July 16 Animal Law Section 2014 Animal Well-Fair The Animal Law Section invites the public to learn about how to help animals in our community, while meeting with representatives from national and local organizations. Participating organizations include Austin Animal Center, Austin Humane Society, Austin Pets Alive, Austin Wildlife Rescue, the Humane Society of the United States, and Emancipet. Time: Noon to 2:00 p.m. Location: Community Room at Whole Foods at The Domain 11920 Domain Dr., Austin Cost: Free. Donations will be accepted. Contact Susan Salch at sesalch@cb-firm.com or Kelley Dwyer at Kelley@dwyerlawaustin.com. 25 Members Only 4th Friday Free CLE Join the Austin Bar Association for an update on the Travis County Courthouse. Time: Noon Location: Austin Bar Association 816 Congress Ave., Suite 700 Speaker: Judge Eric Shepperd, County Court-at-Law #2 CLE: 1 hour Cost: Free. Open to Austin Bar Association members only. Lunch will be provided. RSVP to Marissa at Marissa@austinbar.org by 5:00 p.m. on Wednesday, July 23 August 4 Austin Lawyer Support Group A confidential monthly education support group for lawyers, judges, and law students seeking help or support while healing from depression, addiction, job stress, anxiety, and other mental health issues. Time: Noon to 1:15 p.m. Location: Austin Bar Association 816 Congress Ave., 3rd Floor, Bluebonnet Room Cost: Free Contact Cameron Vann at Cameron.vann@texasbar. com or call Texas Lawyers Assistance Program at 800-343-8527. The “Upcoming Events” page highlights just a few of the events of interest to the Austin legal community. For a full listing of Austin Bar events, including Section CLEs, please visit the website at austinbar.org/events. PATRICK KEEL M e d i a t o r • A r b i t ra t o r Fo r m e r D i st r i c t J u d ge office 512 476-5212 mobile 512 293-0300 www.patrickkeel.com 22 Austin Lawyer July/August 2014 classifieds Office Space Sublease near Mopac and 2222. One attorney office and one legal assistant/secretary space. Use of conference room, kitchen, copier, fax, phone system, etc. 512-419-0684. Downtown window and interior office space available at 301 Congress Avenue. Included high-speed internet, reception area and services, shared conference rooms, and kitchen/break room. Please call 512-472-6800. Classified advertising is available in Austin Lawyer to provide added resources for our members and related professionals. 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