May 2015 - Austin Bar Association

Transcription

austin
lawyer
May 2015
Volume 24, Number 4
www.AustinBar.org
Features
Austin Bar Interviews New Justices................. 1
Travis Country District Clerk Velva Price......... 6
Law Day 2015.............................................. 10
84th Texas Legislature Update...................... 12
The Restyling of the Texas Rules of Evidence.... 14
Making Good on a Pledge................................ 16
Honoring Key Richardson................................ 22
Getting to Know Volunteer Legal Services........ 25
Departments
Austin Bar President’s Column........................ 4
Opening Statement....................................... 13
3rd Court of Appeals Update........................ 17
Briefs............................................................ 18
AYLA............................................................ 20
Minority Bar Spotlight................................... 24
Upcoming Events......................................... 26
Classifieds /Ad Index..................................... 27
Austin Bar Association Interviews
Chief Justice Rose and Justice Bourland
Third Court of Appeals Investiture Ceremony
Held for Chief Justice Rose and Justice Bourland
A
n investiture ceremony
for the Honorable Jeff
Rose and the Honorable Cindy Olson Bourland was
held on Thursday, March 26,
2015, in the Third Court of Appeals Courtroom.
The Bar & Grill Singers
opened the ceremony with the
National Anthem. Reverend
Dr. Dave Koppel of Palm Valley
Lutheran Church gave the invocation, followed by welcoming
remarks from Austin Bar Association President, the Honorable
Elisabeth Earle. Chief Justice
Rose was sworn in by the Honorable Eva Guzman, Justice of the
Supreme Court of Texas. He fills
the position formerly held by retired Chief Justice Woodie Jones.
Justice Cindy Olson Bourland being sworn in by Justice Guzman.
The Honorable Alan McGraw,
Mayor of Rock Rock, Texas,
introduced fifth-generation Round Rock resident, Justice Bourland, to the standing-room
only crowd. Following Justice Bourland’s swearing in by Justice Guzman, the Austin Bar
Association and the Civil Appellate Section hosted a reception at the Texas Law Center.
continued on page 8
austin
lawyer
Austin Lawyer (ISSN #10710353) is published
monthly, except for July/August and December/January, at the annual rate of $10 of the
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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
©2015 Austin Bar Association;
Austin Young Lawyers Association
Executive Offices
816 Congress, Suite 700
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
Nancy Gray...................... Managing Editor
Debbie Kelly.................... Director of AYLA
Kennon Wooten............... Editor-in-Chief
Britni Rachal..................... Editorial Assistant
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May 2015 Austin Lawyer
3
President’s Column
Judge Elisabeth Earle, County Court of Law #7
Cultivating Healthy Family Lifestyles
Establishing a Culture That Recognizes Parenthood
As a Co-Equal Profession
W
ith springtime underway and our celebrations of
Mother’s Day and Father’s Day just ahead, the season reminds us to recognize how our careers in the
law are shaped by our family values and how our careers affect our families. Whether you are a parent or not, we all have
to juggle our work lives and legal careers with our responsibilities to our families and friends.
As the pace of our work and our society increase, more and
more lawyers face the challenge of how to balance family with
their own thriving legal careers.
Viewing motherhood and fatherhood in a professional light
has the effect of re-establishing the importance of the family
home, which, when healthy, enables a person to consolidate
the core of character and successfully achieve personal
and professional maturity. It gives proper recognition to the
importance of building strong and resilient families capable of
providing the “quality of life” we are all striving for.
Treating motherhood and fatherhood as true professions
prevents family life from being subjugated to the limited forms
of “professional work” ordinarily recognized by society. In
essence, regarding motherhood and fatherhood as professional
tasks enables us to
better understand
that the family is
a priority equal to
our professional
responsibilities
and that
cultivating healthy
families, for themselves and for their employees, is among the
most important tasks that individuals can undertake.
Recognizing parenthood as a co-equal professional undertaking presents a variety of challenges. It means accepting that
the roles of motherhood and fatherhood are essential to the
healthy development of family life, and to the health of human
society and culture. But it also means cultivating a culture in
which parenthood is afforded the appropriate degree of respect
and dignity, and recognizing that quality parenting is immensely valuable and we cannot afford to take it for granted.
As each of us seeks to balance the important aspects of our
lives, below are some thoughts from Natalie A. Gahrmann that I
found meaningful. • AL
Top 10 Tips for Balancing Work and Family Life
There is no single formula for
attaining a balanced life. It is a
personal decision how one combines their
career, spouse/significant other, children,
friends and self into an integrated whole.
The key is to develop creative solutions
as you approach the challenges
of balancing the responsibilities and joys
of your multiple roles. Some of the same
skil s and strategies you use at work
such as planning, organizing, communicating, setting limits and delegating can
be used effectively on the home-front
for achieving a satisfying, fulfil ing and
well-balanced life both personally and
professionally.
1. Build a Support
Network
Ask for help and allow yourself to be helped and contributed to. Get your children
involved — work together as
a team. Recruit friends, family,
neighbors, bosses, work colleagues, etc. and ask for their
support. Between work and
family, surprises are inevitable.
Be prepared by creating backup and emergency plans; always
have a contingency.
4
Austin Lawyer May 2015
2. Let Go of Guilt
Guilt is one of the greatest wastes of
emotional energy. It causes you to become immobilized in the present because
you are dwelling on the past. Guilt can
be very debilitating. By introducing logic
to help counter-balance the guilt, you
can avoid sabotaging your efforts toward
work/family balance and stay better on
course.
3. Establish Limits and
Boundaries and Remember
They are Necessary for
Balancing Work and Family
Boundaries are an imaginary line of
protection that you draw around yourself.
They are about protecting you from other
people’s actions. Determine for yourself
what is acceptable and unacceptable
behavior from other people. Boundaries
and limits define how you take charge
of your time and space and get in touch
with your feelings. They express the
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extent of your responsibilities and power
and show others what you are wil ing to
do or accept. Without limits it’s difficult to
say “no.” Remind yourself often that your
boundaries are necessary for balancing
work and family.
4. Determine Your Own
Standards
Get rid of the notion of being a perfectionist. Wean yourself off it by making
compromises — figure out where the
best places to make the compromises
are without short-changing yourself, your
spouse, your children, your boss, etc.
Live by your own standards rather than
someone else’s. Standards are about
YOU and refer to the behavior and actions you are wil ing to hold yourself to.
5. Create Time for Yourself
Being a good parent, partner and professional means being good to yourself first.
Use your mind to make some affirmations
for yourself. Find ways to relax, relieve
tension and minimize stress. Taking some
time off for yourself wil not only benefit
you, but it wil benefit your work and
family tremendously, as well!
up their original goals and substitute new
ones with different but equal challenges.
Negotiate for what you need.
6. Get Organized
Spend quality/focused time with your
family. Give them your full attention.
Develop rituals you can all look forward
to. Create relationships with your spouse/
significant other and children that are not
incidental but rather instrumental to your
success.
Set priorities, work smarter not harder,
delegate (and really let go!). Create
lists and save them for re-use. Keep a
main calendar centrally located to post
everyone’s activities.
7. Balancing Work and
Family Requires You to
Be Flexible
Forgive yourself when things don’t get
done. Understand that with children,
things change at a moment’s notice. Be
ready and wil ing to assume responsibility for any of the tasks that need to get
done at any time. Never get too comfortable, because as soon as you seem to
get things under control, they change!
Also, realize that in order to achieve
success many women have had to give
8. Enjoy Quality Family Time
9. Find Reliable Child Care
Leave your kids in capable hands. Find
someone you feel comfortable and confident in. If you’re feeling ambivalent about
working or about leaving your child, etc.,
do not show it — your child (at any age)
wil pick right up on it. Feel proud when
you’ve found someone who fits into your
needs. Get involved with your child’s care
providers by communicating frequently
and observing interactions between the
caregiver and your child.
10. Achieve an
Integrated Life
Keep things in perspective. Create
harmony in your life — a mixture of work,
family and friends. Remember, there is
no single formula for balancing work and
family. It is a personal decision how one
combines spouse, children and career.
About the Author:
Natalie A. Gahrmann is a dynamic
workshop/seminar leader, trainer and
success coach. She combines life
experiences and extensive training to
motivate others to achieve better results,
unlock creativity and gain fulfil ment in their
work and personal life. She specializes
in working with small business owners,
professionals and home-based working
moms seeking to create better results
without sacrificing the quality of their lives.
5
Travis County District Clerk Velva Price:
Duties, Opportunities, and Challenges
I
n her first 90 days in office, newly elected Travis
County District Clerk Velva Price has launched a
series of projects aimed at improving her office’s
services. On March 27, 2015, at a CLE hosted by the Austin Bar
Association, Price described three areas of focus:
Electronic Records: Price’s “biggest focus” is to make all
records (other than sealed, criminal, and confidential records)
publicly accessible online, without having to enter a password
or bar number. Price said she aims to complete the project
“soon, soon, soon” — hopefully by the end of 2015.
Creation of Task Forces: The District Clerk’s office will establish three task forces — litigation, family, and appellate — to
work with attorneys and identify “sooner rather than later” any
problems, questions, and concerns regarding the office’s processes. Price welcomes suggestions for additional task forces.
“I like to meet,” she said. “If you want to give me another task
force, that’s fine.”
Timely Transfer of Venue: Recognizing that there have been
delays between a judge signing an order to transfer venue
and the transfer of the case, Price is working to “tighten those
timelines.”
Price also described efforts to improve the efficiency of
Travis County’s uncontested docket. To address concerns over
lengthy lines and delays in getting orders back, the District
Clerk’s office has hired and promoted staff to help streamline
the process.
With respect to submission of agreed orders, the filing
attorney must currently either go to the uncontested docket
or specifically request submission in a cover letter or the eFile
comments section; otherwise, the agreed order will not be
submitted to the judge. The office is presently working on
submitting all efiled orders without duplicating orders which
are signed at the uncontested docket, and then notifying
attorneys via email when the agreed order is submitted. Once
an agreed order has been submitted, Price advised that the
timeline for return of the signed order should be no more than
two weeks. In the event of a longer delay, Price recommended
that attorneys
should follow up
with her office.
Price also
highlighted the
District Clerk
office’s eFile
helpline for
Travis County,
which can be
reached via phone
(512.854.3453)
or email (District.
eFile@co.travis.
tx.us). In addition
to general
troubleshooting,
attorneys can use
the helpline to
determine whether
their filing has
Price
Price has launched a series of
projects aimed at improving
her office’s services.
been accepted or find out why a filing was rejected. Two
common reasons for rejections are filing in the wrong county
and filing a document in which not every page is readable.
Price also commented on the decline in new civil lawsuits
being filed in Texas state courts. Price acknowledged that Travis
County has experienced a decline in such filings along with the
rest of the state, but she believes the rate of decline in Travis
County has been lower than the statewide rate. • AL
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Austin Bar Interviews Chief Justice Rose and Justice Bourland
continued from cover
After the ceremony, both Chief Justice Rose and Justice
Bourland were asked the same set of questions:
Austin Bar: What were some key steps on your career
path to becoming an appellate justice?
Chief Justice Rose: Looking back, many of the most interesting opportunities I had in practicing law came after I left a
big firm partnership (which had been great to me) and entered
public service. In the Attorney General’s office, I had many
more chances to try big cases and argue appeals in both state
and federal courts, as well as the chance to learn more about
the inner workings of state government — all of which have
been invaluable to me on the district bench and now the Third
Court of Appeals.
Justice Bourland: I have had the opportunity to work on
some significant trial and appellate cases in private practice,
which helped expand my knowledge base and level of experience. I always learned something new with every case.
Austin Bar: What is your advice for attorneys who are
interested in one day serving as a judge/justice?
Chief Justice Rose: Get all the trial and appellate experience you possibly can, even if you have to do it pro bono. Actually, I should say especially if you have the opportunity to do
it pro bono. Shameless plug here — the Third Court of Appeals
has a pro bono project that guarantees oral argument for attorneys who will take on pro bono appeals. It’s a great opportunity
for lawyers looking for appellate experience. Also, it never hurts
to hone your temperament and develop your reputation as a
lawyer who practices by the Golden Rule.
Justice Bourland: Focus on the quality of your work, first
and foremost — the rest will follow. Also, treat clients and colleagues with respect and professionalism.
Chief Justice Rose being sworn in by Justice Guzman; The Bar & Grill
Singers open the investiture ceremony with the National Anthem.
advocates can do when presenting their case in your Court?
to narrow down the appellate issues, resulting in a kitchen-sink
brief that often short-shrifts the strongest points, and making
emotion-based arguments better suited for a jury.
Chief Justice Rose: Be organized, succinct, clear on your
standard of review, and focused on your strongest arguments.
Justice Bourland: Not answering the question that is
Austin Bar: What are some of the most helpful things that
Justice Bourland: In my short time on the bench, these
are my observations:
Remember that the judges are usually looking at the case
from a big-picture perspective. We know the legal issues from
reading the briefs and record, but don’t always have a working
familiarity with the acronyms, short cites and details that are second nature to the lawyers who have been living with the case.
I also find it helpful when the advocates briefly outline what
they are going to cover in their argument at the beginning —
then I know if the issue(s) that I have questions about will be
discussed or whether I need to interrupt and ask a question.
Also (and this sounds so basic but is easy to forget under
time pressure), it is helpful for advocates to speak clearly and
slowly. And they should stop speaking immediately if one of the
judges has a question, rather than trying to finish their thought.
Austin Bar: What are some of the common pitfalls for novice practitioners in your Court?
Chief Justice Rose: Two common pitfalls we see are failure
8
asked by the court. And speaking too quickly (see above) or
confusing the issues. We don’t expect advocates to be perfectly
smooth in their presentation — it is almost impossible to do so
because of the interruption factor. But we do expect attorneys to
know their case and the record very well. I also have noticed that
when we ask questions, advocates will often say something like,
“I was going to cover that later in my presentation” or “As I previously mentioned...” I think it is better form not to waste any time
with those phrases and just go right into the issue that the judge
is interested in — even if you are repeating yourself.
Austin Bar: What are your primary goals as a justice on the
Third Court of Appeals?
Chief Justice Rose: All of us here on the Court strive to serve
our constituents — the legal community, the public, and the
jurisprudence of the state — by moving our docket through the
issuance of prompt, well-reasoned opinions that strictly adhere to
precedent and the plain meaning of the law. As Chief Justice, my
primary goal is to lead those efforts among our judges and ensure
that each has the resources needed to best carry out those goals.
I also enjoy serving as a spokesman for the Court and as a liaison
between the Court, the Bar, and our community.
Justice Bourland: My first goal is to be accurate and correct in the opinions that I author, as well as to assist the other
judges by being a productive member of the court and providing my thoughts and input. When I was in private practice, I
always wondered if the judges actually read the briefs and the
record, and let me tell you — WE DO! I was surprised when I
began working as a judge at the level of detail and hard work
that goes into each opinion — by the judges, the staff attorneys, the legal assistants and the folks in the Clerk’s office. The
court does a very thorough review of each case and many, if
LAURA
JACKS
not most, of our cases are extremely complex. The Third Court,
since it sits in Austin, hears all of the administrative appeals
as well as civil and criminal appeals. Some of those cases are
quite mind-bending, with multiple parties and multiple issues,
and they often present questions of first impression. We work
very hard to understand each case and to apply the law correctly. As a new judge, my primary goal is to contribute to that
process in a positive way.
Another primary goal is to work efficiently and get opinions
out the door for publication as soon as possible. I know how
frustrating it is for parties and lawyers to wait on an outcome
that is so important in their lives. • AL
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
Eric Galton
•
CIVIL LITIGATION
David Moore
•
FAMILY LAW
Ben Cunningham
Greg Bourgeois
Fred Hawkins
9
Law Day 2015 Honors Local Students & Attorneys
T
he Austin Bar Foundation and
Austin Bar Association held
the 2015 Law Day Luncheon
and Annual Meeting on Thursday, April
30, at the W Austin Hotel. The luncheon
featured keynote speaker, George Christian of Christian & Co., who spoke about
this year’s Law Day theme: Magna Carta,
Symbol of Freedom Under Law.
Awards were presented to the student
winners of the essay and poster contests.
Poster winner, Ava Martinez, a kindergarten student at Northwest Elementary School, also won 3rd place in the
kindergarten – 2nd grade category of the
State Bar’s Law Day poster contest for her
poster titled I Am Free to Go to School
(pictured at right).
Fifty-one area high school students
submitted essays on How Has Magna
Carta Impacted Individual Liberties?
Winners honored at the luncheon were
Professionalism Award
Martha Dickie – Martha Dickie is a
partner at Almanza, Blackburn & Dickie.
She has been practicing law in Texas since
1980. Dickie’s areas of practice include
general civil and commercial litigation, municipality defense litigation, and employment law. When she’s not practicing law,
Dickie is very active as a volunteer in the
Central Texas community. She has served
as a board member for the Texas Alcoholic
Beverage Commission, and as president of
the State Bar of Texas and the American Board of Trial Advocates.
Regina Rogoff Award
David Escamilla – As the Travis
County Attorney, David Escamilla handles
both criminal and civil matters. His peers
say he is notorious for asking, “What is the
right thing to do?” and using that guideline when making important decisions.
Escamilla is a lifelong public servant who
began his career at the Travis County
Attorney’s Office in 1985. He is known
for having helped pass laws that allow
for more public access to City of Austin
businesses. He also helped establish the Family Violence Division at
the Travis County Attorney’s Office, which helps ensure consistent
processes in providing protective orders and criminal enforcement in
domestic violence cases.
Outstanding Young Lawyer Award
Jessica Palvino – As a partner with
McGinnis Lochridge, Jessica Palvino represents clients in state and federal courts
throughout the United States. She has a
broad practice with a focus on products
liability, personal injury, legal malpractice
defense, and business disputes. She has
been named to the Texas Super Lawyers
Rising Stars list. Palvino’s resume includes several high profile cases, including a 2014 verdict in a federal court in
Burlington, Vermont, on behalf of child who was severely injured by
Botox injections. In addition to her Austin Bar membership, Palvino is
a member of the State Bar of Texas, Austin Young Lawyers Association,
and Travis County Women Lawyers Association. She also serves as a
board member for the Thinkery.
10
Angela Kang, a junior from Bowie High
School, who won the $500 first prize; Lilli
Niester, a junior from McCallum High
School, who won the $250 second prize;
and Eric Moe, a senior from Bowie High
School who won the $100 third prize.
Angela’s essay (printed at right) was
the 1st place winner in the State Bar of
Texas’ Law Day essay contest.
The individuals and firms below were
also recognized. • AL
Liberty Bell Award
Belinda Powell – Belinda Powell
has 30 years of experience in planning,
design, and project management in both
the public and private sectors. Powell
started her career in the design industry,
building and then selling her own design
firm in Southern California before moving
to Austin in the 90s. Since then, she has
served Travis County — managing major
capital projects, overseeing master planning efforts, assisting county departments,
and advising elected officials on best practices in long-range planning.
Powell also has a long history of public outreach resulting in multiple
successful voter-approved bond packages for new and expanded
Justice Facilities for Travis County residents. She has been a speaker at
the local chapter for the Society for Marketing Professional Services,
Women Elected Officials and most recently at an international conference for the Academy of Architecture for Justice. Belinda is currently
Project Manager for a new Travis County Civil and Family Courthouse,
a project she has been working on for the last 15 years — coming to an
election near you in November, 2015.
Susan P. Burton Award
Hong Shi – Hong Shi has demon-
strated an exemplary commitment to pro
bono service at an early stage in her legal
career. Since being licensed in 2011,
Hong has handled ten pro bono cases for
Volunteer Legal Services, spending more
than 200 hours on pro bono cases. Hong
is an associate in the Intellectual Property
Practice Group in the Austin office of
Haynes and Boone. Her principal practice area is intellectual property, with an
emphasis on patent office trials, as well as preparation and prosecution of patents. Over the years, Hong has handled matters in the fields
of telecommunications, semiconductor device design and fabrication, computer hardware, software design and e-commerce systems.
She also serves as a volunteer prosecutor for the City of Austin, and
has tried five criminal misdemeanor cases in front of a jury, obtaining guilty verdicts in all. When not in the courtroom, Hong serves
as a board member of the Mother Attorneys Mentoring Association’s
Austin chapter.
The Impact of
Magna Carta
By Angela Kang, Bowie High School
J. Chrys Dougherty Award
Kris Algert – A committed supporter of
Volunteer Legal Services, Kris Algert is a
regular volunteer at the VLS Evening Clinics. In addition to mentoring many young
VLS volunteers, Algert also served on the
VLS Board of Directors from 2001 – 2014.
Algert’s service shows she is committed to
the VLS mission that poverty should not be
a barrier to justice, and that legal services
should be available to anyone who faces
critical legal issues, regardless of their
ability to pay. Algert is board certified as a family law specialist by the
Texas Board of Legal Specialization. She is a long-time partner at the
firm Ausley, Algert, Robertson & Flores.
Mentor Award
Ranelle Meroney – Ranelle Meroney
has tried more than 100 first chair jury
trials in courts of record since she began
practicing law in 1980. Her practice
consists primarily of defense of personal
injury, property damage, employment,
construction, and defamation cases, with
a special emphasis on premises liability
matters. In 1986 she started working for
a firm that is now known as Wright &
Greenhill, where she became a shareholder from 1990 – 2000. In 2000, Meroney became Of Counsel to
Chamberlain ◆ McHaney. She is board certified by the Texas Board of
Legal Specialization. The American Board of Trial Advocates invited her
to become a member in 2001.
Joseph H. Hart Award
Austin Office of Vinson & Elkins – Vinson & Elkins has dem-
onstrated a strong commitment to serving the less fortunate in the Austin
area by offering pro bono services to clients of VLS, along with financial
support to the non-profit organization. Since its founding in 1917, Vinson
& Elkins lawyers have been committed to excellence, with experience
handling transactions, investments, projects and disputes worldwide.
The firm’s deep bench of lawyers collaborating across 15 offices allows
a multi-disciplinary approach, whether companies need guidance on
complex transactions or litigation. Vinson & Elkins believes that pro bono
clients – like all clients – should be fully and effectively represented. The
firm also believes pro bono initiatives provide lawyers an opportunity to
connect with the human side of the practice of law, by giving back.
The Magna Carta, from its
conception, has served a crucial
role in developing modern-day democracy and protecting individual
liberties. Though it first started as
an open-ended, situational document, the idea of preserving the
law from an overreach of authority
has had a lasting and beneficial
impact on citizens globally,
throughout history and today.
Birthed in 1215, into the corrupt and chaotic world of King
John, the Magna Carta was one
of the only legitimate protections
against authoritative actions.
The barons paid for John’s messy reign, as he raised taxes
surreptitiously to pay for his territorial ambitions. He also
infringed upon the barons’ economic rights by turning over
their land to the Church. John was the epitome of opportunistic corruption — a figure that served himself only; he
had to be forced to sign the Magna Carta after civil war
threats. From that point, the Magna Carta was expanded to
include others, and was the forerunner of the Constitution
and English Bill of Rights in its judicial concepts – “no one
is above the law”. Its creation was a catalyst for democracy
— overcoming corruption for the fight of the individual. It
was the world’s first written constitution that called for the
rule, fairness, and due process of law, as well as the respect
for economic rights — the first document in English history
to limit the power of the monarch, a huge step for democracy. Before, it was given that the monarch was powerful,
but the Magna Carta stimulated the realization that the
common people could, and should, ask for power as well.
Along with broadening individual rights, the Magna
Carta expanded the role of justice on the people today. As it
established the beginnings of a parliamentary government,
there was a shift of attention from the individual ruler to the
individuals of the ruled. This shift contributed to democratic
sentiment, seen directly in the American colonial arguments against tyrannical taxation such as the Stamp Act,
which invoked the document. Federalists fought for a Constitution that followed the same foundational idea as the
Magna Carta — that people were the ultimate sovereign.
It has been continually invoked in courts, such as in the
2004 Hamdi v. Rumsfeld case that involved the holding of
suspected terrorists without charge and the similar Boumediene v Bush case, as an argument that no man should be
imprisoned contrary to the law of the land. The basal ideas
of the Constitution as the same as that of the Magna Carta’s,
from the Constitutional right to due process to habeas corpus — that “to none will We deny or delay right to justice”
(Magna Carta Clause 40).
The Magna Carta still stands as one of the most influential documents today in understanding liberty and individual rights. The Magna Carta is remembered as a protector
of justice and the people, continually being expanded and
invoked as a symbol of judicial righteousness. As in the
past, we will continue to look back upon this document as
a root of modern democracy.
11
84th Texas Legislature Update
By David Courreges, Courreges PC
I
n Texas, the destiny of legislation changes as often
as the weather. The sheer number of bills filed each
session, the diverse range of priorities of the members, and the relatively short 140 day biennial calendar makes
every session unpredictable at best. With a wholesale change in
leadership and membership in the Senate, six special elections
to fill vacated seats during Session, and over 6,300 bills filed,
the 84th installment of the Texas Legislature has yet to prove that
it is an exception. In fact, it is proving to be average.
Because the 84th Legislative Session is “normal,” there are
no surprises. For instance, the four most important things that
you need to know are four dates: May 14, May 26, May 27, and
June 1. These are the days that bad legislation (and some good)
will meet a timely demise.
Thursday, May 14, the 122nd day of Session, is the last day
for the House of Representatives to consider House Bills on 2nd
reading. That means that unless a bill is on the calendar, members and wrongfully vilified private advocates are scrambling to
append their important policy changes to other bills to avoid an
almost certain death.
Tuesday, May 26, the 134th day of Session, is the last day for
the House to consider Senate Bills on 2nd reading. This is arguably the most important day on the entire calendar, because as
the House is carefully weighing Senate proposals, while appending their own pieces of dead legislation onto them, the Senate is
waiting patiently for the 135th day, the last day for the Senate to
consider all bills on 2nd and 3rd reading. This means that, unless
the House passes prized Senate legislation on May 26, the Senate
will happily let equally prized House bills fail a day later.
Of course, everyone’s favorite day — the 140th day, Sine Die,
is Monday, June 1. It can never get here soon enough!
Despite the prospect of a lot of bills not passing this Session,
there are still several relating to the legal community that are
important to note.
HB 1091 by Schofield and SB 455 by Creighton creates a
special three-member district court in matters in which the state,
a state official, or state agency is a defendant. Proceedings in
front of a three-judge panel would be mandatory in cases involving a claim that either (1) challenges the finances or operations
of the public school system; or (2) involves the apportionment
of districts for the Texas House, Texas Senate, U.S. Congress,
State Board of Education, or the apportionment of state judicial
districts. Three-judge panel proceedings would be discretionary
in other cases in which the Attorney General certifies that the
outcome of the case either (1) significantly impacts the finances
of the State; (2) significantly alters the operations of important
statewide policies or programs; or (3) is otherwise of exceptional
statewide importance such that the case should not be decided
by a single district judge. Under SB 455, the Chief Justice’s decision to either deny the AG’s petition or order that a discretionary
proceeding be heard by a special three-judge district court would
be considered final and not appealable; however, appeals “from
an appealable interlocutory order of final judgment” of the threejudge court would be directly to the Texas Supreme Court.
HB 1531 by Geren seeks to prohibit a legislator or an executive officer elected in a statewide election who is a member
of the State Bar of Texas or who is licensed to practice law in
another state from making or receiving a referral for legal services
for monetary compensation or any other benefit.
One of the most controversial bills this Session is HB 1603
by Villalba, which would create a Chancery Court of Texas and
Court of Chancery Appeals of Texas to handle litigation over
complex business disputes or business transactions. The Court’s
jurisdiction would be concurrent with district courts, but limited to certain types of business disputes. The Governor would
appoint seven chancery judges from a list from an advisory
counsel. The Governor would appoint the chancery appellate
justices from the state’s current intermediate appellate courts.
The Texas Supreme Court would handle appeals.
HB 1644 by Smithee and SB 534 by Watson would amend
the attorney’s oath to require attorneys to conduct themselves
“with integrity and civility in dealing and communicating with
the court and all parties.”
SB 443 by Watson seeks to require the Judicial Council to
study and make a recommendation as to whether the Texas
Supreme Court and the Court of Criminal Appeals should be
merged. • AL
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12
opening
statement
Editing for Concision, Part 1
Editing tips to keep the content but use fewer words.
By Wayne Schiess, Texas Law, Legalwriting.net
Y
ou want it shorter? You can make any piece of writing
shorter by taking things out. Just cut content. Oh wait.
You want all that content but you still want it shorter?
That’s different. That’s work. You want concision.
This is the first in a series of columns on concision in legal
writing. Each of these tips should help you keep the content but
use fewer words.
1. Assess passive voice.
The passive voice always takes more words than the same idea
in the active voice: The motion was written by Carl (six words)
becomes Carl wrote the motion (four words). But the passive
voice has legitimate uses in legal writing, like avoiding the
appearance of responsibility or in instances when the actor is
unknown or irrelevant. So the advice is not to remove all passive voice but to assess each use. As you edit, ask yourself: Do I
need the passive voice here? If not, revising to the active voice
promotes concision.
2. Don’t fear possessives.
Why do we write the vehicle of the defendant and the property
of the seller and the intent of the testator? It’s probably just habit
or imitating the sound of legal writing in our heads. But each of
those five-word phrases could be shortened to three: the defendant’s car, the seller’s property, the testator’s intent. Possessive
forms are not informal. Use them to improve concision.
3. Remove redundancy.
Let’s ignore stock drafting phrases like above and foregoing,
agree and covenant, save and except, and others. They might
need pruning, but my focus here is on analytical legal writing.
Some redundancies are obvious: new innovations, past
history, unexpected surprise. Remove the redundancy in those
pairs, of course — or don’t write them in the first place. But
other redundancies are harder to spot, and you’ll have to have
your redundancy antenna up as you edit. Look at this sentence:
Isam Yasar alleged that in a conversation, his supervisor,
Russell Dunagan, told him to stop complaining.
Read it carefully and you’ll see that conversation and told
convey the same idea — they’re redundant. Removing that
redundancy shortens the sentence from 15 words to 12:
Isam Yasar alleged that his supervisor, Russell Dunagan, told
him to stop complaining.
Yet we haven’t lost any meaning. That’s concision.
4. Omit needless details.
If the detail isn’t relevant or useful, omit it. Often, needless
details appear as names and dates. In fact,
larding a statement of facts with dates annoys
some readers, including judges: “Most dates are
clutter,” says Judge Mark Painter in his book The
Legal Writer. Full names can be clutter, too, if
those named aren’t important or won’t be mentioned again. Using a specific name or date tells
the reader it’s important;
often it’s not. Here’s
an example with a
date and three full
names:
On April 4,
2008, Isam Yasar
alleged that his
supervisor, Russell
Dunagan, told him
that if Yasar continued to complain, Dunagan would have to
discipline and possibly
terminate a fellow
Muslim and Yasar’s coworker, James Lira.
As you edit this
sentence, think about
the story you’re telling
and the points you’ll
argue. If April
4 isn’t important and
won’t appear again,
omit it. As
for the names, let’s imagine that Isam Yasar and James Lira are
important characters you’ll mention several times. Leave them
alone. But let’s imagine that Russell Dunagan is not important,
so you can call him the supervisor.
Isam Yasar alleged that his supervisor told him that if Yasar
continued to complain, the supervisor would have to discipline
and possibly terminate a fellow Muslim and Yasar’s co-worker,
James Lira.
Same content, but now it’s down from 35 words to 30.
Concision.
Next month, more tips for concision. • AL
13
The Restyling of the Texas Rules of Evidence
By Martha Newton
O
n March 12, the Supreme Court of Texas and the Court
of Criminal Appeals issued a joint order giving final
approval to the restyled Texas Rules of Evidence.1
The order will be published in the May edition of the Texas Bar
Journal. In addition, the order is permanently available on the
Supreme Court’s website under the “Administrative Orders” link.
In 2011, the U.S. Supreme Court approved restyled Federal
Rules of Evidence. The goal of the federal restyling project was
to eliminate ambiguous, redundant, repetitive, and archaic
language and to make the rules easier to read. While the federal
restyling project was underway, the Texas Supreme Court decided that the Texas Rules of Evidence should also be restyled.
The State Bar Administration of Rules of Evidence Committee
performed the tedious drafting work, which took more than two
years.2 Before being submitted to the Supreme Court, the State
Bar committee’s work was also reviewed by the Supreme Court
Advisory Committee. The Supreme Court issued a preliminary
order approving the restyled rules for public comment in November 2014. The final approval order issued in March reflects
some changes to the rules and the comments to the rules made
in response to feedback from the public.
The goal of the restyling project and the drafters’ methodology are explained in the cover pages of the order. The goal is to
“keep the Texas Rules as consistent as possible with the Federal
Rules, but without effecting any substantive change in Texas
The goal is to “keep the Texas Rules
as consistent as possible with the
Federal Rules, but without effecting
any substantive change in Texas
evidence law.”
evidence law.”3 To that end, where a Texas rule was identical
to its federal counterpart before the federal rules were restyled,
the restyled Texas rule is now identical to its restyled federal
counterpart. Rules that follow this pattern include Rules 102,
201, 401, 406, 409, 602-605, 607, 610, 805, 903, 1001-1003,
and 1005-1008. For Texas rules that were not identical to their
prestyled federal counterparts or that have no federal counterpart (like the privilege rules), the drafters rewrote the Texas rules
using the same stylistic and grammatical conventions that are
used in the restyled federal rules, while taking care not to make
any substantive changes in the law. Changes include reformatting the rules to use progressively indented subparagraphs;
replacing the word “shall” with “must,” “may,” or something
else, depending on the context; and removing language that is
outdated or redundant.
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While the drafters of the restyled rules were expressly
charged with not making any substantive changes to the
rules, the Supreme Court and the Court of Criminal Appeals
did make two substantive changes to the Rules of Evidence
in the same order as the order adopting the restyled rules.
The first — and only major — change is to Rule 511, which
governs waiver of a privilege by voluntary disclosure. The
text of the old rule states the general rule that a privilege
is waived if the privilege holder voluntarily discloses or
consents to disclosure of privileged material or, under certain conditions, if the privilege holder calls a person to whom
confidential communications have been made to testify about
the privilege holder’s character. The old rule is now in subsection (a) of the amended rule. Subsection (b) sets forth new
limitations on waiver of the lawyer-client and work-product
privileges. These limitations align Texas law with the federal law
set forth in Federal Rule of Evidence 502.
The high courts also tweaked Rule 613, which addresses
prior inconsistent statements or statements or circumstances
showing bias or interest by a witness, but the tweaks are intended to conform the language of the rule to actual practice
in Texas courtrooms, not to change Texas practice. The old rule
required that, before extrinsic evidence of a prior inconsistent
statement or circumstances or a statement showing bias or interest could be admitted, the cross-examining attorney give the
witness an opportunity to explain or deny the prior statement or
circumstances. The amended rule retains the requirement that
a witness be given the opportunity to explain or deny a prior
statement or circumstances, but it no longer imposes on the
cross-examining attorney the duty to give the witness that opportunity. The amended rule recognizes that in many cases, the
witness must wait until redirect examination to explain a prior
inconsistent statement or the circumstances or a statement that
shows bias. • AL
The Supreme Court order is Misc. Docket No. 15-9048, and the Court of
Criminal Appeals order is Misc. Docket No. 15-001.
2
The State Bar committee’s work was spearheaded by University of Texas
law professor Steven Goode; Baylor University law professor Jeremy
Counseller; and Fields Alexander, a partner in the Houston law firm Beck
Redden.
3
See Supreme Court Misc. Docket No. 15-9048, at 1.
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15
Making Good on a Pledge
Texas Access to Justice Campaign
I
pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands,
one Nation under God, indivisible, with liberty and
justice for all.
With a hand over our heart, we have all made the pledge.
For many of us, it’s those final words — Justice for All —
that echoes loudest. Yet millions of Texans don’t have access to
this fundamental right. Not because they don’t deserve it, but
because they can’t afford it.
Since 1893, the Austin Bar Association has supported a legal
community committed to enhancing access to legal services
and reaching out to those in need. A Texas Historical Marker at
the site of the second Travis County Courthouse built in 1875
reads: “home of outstanding courts, able judges, brilliant bar.”
That brilliant bar is still making history — more than 4,300
local attorneys contribute to the Bar’s mission, which includes
volunteering legal services and investing in local charities.
The Texas Access to Justice Campaign is one of many options available to members of the Austin Bar working to secure
justice for all in Austin and the surrounding community. Last
year, the Texas Access to Justice Commission raised $1.16 million from just 7.5 percent of licensed Texas attorneys. But this
year — the fourth year of this campaign — the goal is higher.
The Texas Access to Justice Campaign wants to double participation to 15 percent in 2015, and together, it can be done.
“Access to justice for all is a righteous cause,” Chief Justice
Nathan Hecht said in his State of the Judiciary this year. “Justice for only those who can afford it is neither justice for all nor
justice at all.”
Honor your pledge by making the suggested $150 ATJ contribution now, at www.texasatj.org, or on your annual State Bar
dues statement. Or, join the Champion of Justice Society, created to recognize those who wish to show their strong support
of access to justice with gifts of $250 or more.
These pledges help obtain justice for all elderly Texans,
women and children suffering from abuse, and families desperate to complete basic legal documents necessary for survival.
The money is used for grants to organizations in your community, including law schools, legal-aid offices and faith-based
service providers that serve the civil legal needs of low-income
Texans, often with life-changing results.
Here are two such examples:
1) James was a wheelchair-bound college student who
couldn’t get into his Austin apartment complex because the
property managers refused to install a gate he could use. All it
took was help from the volunteer lawyers at Disability Rights
Texas (DRT) for the property owners to make things right by
installing new gates, dramatically improving James’ independence 24 hours a day. Justice for James was within his means
only because of contributions from donors like you.
2) When Ann’s husband passed away, she was devastated. She
did her best to keep life normal for her two children, but finances
were difficult. One of her biggest bills was a $300 monthly payment toward the purchase of her home. Several months after her
husband’s death, the seller refused to take her payments and told
neighbors she’d never get the title to her house. Ann turned to
Texas Rio Grande Legal Aid (TRLA) for help.
TRLA’s volunteer attorneys discovered that Ann’s husband
had a contract with the seller to buy the land for less than
what Ann had paid — she was already entitled to the property. It didn’t take long for the seller to contact Ann to settle
the case. She now owns the property and still lives there with
her two children. Help Texans like James and Ann, and make good on the
promise of justice in the Pledge of Allegiance: Contribute to
the 2015 Access to Justice Campaign.
For more information about the Texas Access to Justice
Campaign or the Champion of Justice Society, visit texasatj.org or contact Liza Levine, director of development at
512.427.1892 or Liza.levine@texasbar.com. • AL
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3rd court of appeals
update
T
he following
are summaries
of selected civil
opinions issued by the Third
Court of Appeals during
March 2015. The summaries
are intended as an overview;
counsel are cautioned to
review the complete opinion.
Subsequent histories are current as of April 2, 2015.
Real property: Statute of
limitations bars suit to
quiet title.
Happy Jack Ranch, Inc. v.
HH&L Dev., Inc., No. 03-1200558-CV (Tex. App.—Austin March 27, 2015, no pet.
h.) (mem. op.). In the 1990s,
Behrend deeded land to
Strnad. Behrend contended
there was an oral agreement
that Strnad would hold title
in trust for Behrend’s benefit, although the deeds did
not identify a trust. Strnad
later conveyed the tracts
to HH&L. Five years later,
Behrend sued to quiet title.
The issue was whether the
deeds were void (and thus
not subject to limitations)
or voidable (and subject
to the four-year limitations
period). Behrend’s suit turned
on the validity of Strnad’s
conveyances. Strnad held
title through general warranty deeds and thus had
legal authority to make the
conveyances. With facially
valid conveyances, the deeds
were voidable and subject
to limitations. The court held
that the four-year statute of
limitations barred Behrend’s
suit and reversed the attorney’s fees awarded under the
Uniform Declaratory Judgments Act. The court affirmed
in part and reversed in part.
Governmental immunity:
Statement in disability
benefits application bars
discrimination claim.
Texas Parks & Wildlife Dep’t
v. Gallacher, No. 03-1400079-CV (Tex. App.—Austin
March 4, 2015, no pet. h.)
(mem. op.). After depleting
her sick leave and sick-pool
leave, and due to “business
necessity,” the Texas Parks &
Wildlife Department (TPWD)
terminated Gallacher’s
employment. Gallacher sued
alleging disability discrimination. The trial court denied
TPWD’s plea to the jurisdiction. The court of appeals
concluded that Gallacher
failed to establish that she
was qualified for the job, a
necessary element for her
disability discrimination
claim. Soon after her termination, Gallacher applied
for and received Employees’
Retirement System (ERS)
disability retirement benefits.
Gallacher swore in her disability application that she
was permanently incapacitated. Receipt of disability
benefits does not preclude a
disability discrimination lawsuit. Unqualified statements
of disability, however, cannot
be mitigated in a subsequent
lawsuit when the claimant is
in danger of losing the disability discrimination claim.
Because Gallacher did not
establish a prima facie case
for her disability claim, immunity was not waived. The
court reversed and dismissed.
Administrative law:
Commission authorized to
issue monetary and nonmonetary sanctions.
McWatt v. Mattax, No. 03-
13-00332-CV (Tex. App.—
Austin March 18, 2015, no
pet. h.) (mem. op.). McWatt
served as a designated doctor
in workers’ compensation
cases to determine maximum medical improvement
and impairment ratings. A
Division of Workers’ Compensation (DWC) compliance
audit revealed numerous
files in which McWatt failed
to timely submit his reports
to carriers. An administrative law judge (ALJ) with the
State Office of Administrative
Hearings ordered McWatt
to pay a monetary penalty
and the Commissioner of the
DWC ordered McWatt to
attend an educational course.
The trial court affirmed. On
appeal, McWatt argued that
the Commission and the ALJ
lacked authority to impose
both monetary and non-monetary sanctions. The court
affirmed, holding that Texas
Labor Code section 402.073
authorizes the simultaneous
imposition of monetary and
non-monetary sanctions in
the same proceeding.
Workers’ compensation:
Evidence supports jury
finding on extent of injury.
Bubnis v. Leander Indep. Sch.
Dist., No. 03-13-00196-CV
(Tex. App.—Austin March 25,
2015, no pet. h.) (mem. op.).
Bubnis was briefly exposed
to chemical fumes while
working in a school science
lab. Leander Independent
School District (LISD) did not
dispute compensability and
paid her medical bills. Four
years later, Bubnis informed
LISD that she was seeking additional workers’ compensation benefits for various addi-
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.
tional ailments she attributed
to her chemical exposure.
LISD disputed the additional
benefits as not being causally
related. Bubnis prevailed at
the administrative level. A
jury found that the compensable injury did not extend to
Bubnis’s current ailments. The
court of appeals reviewed the
sufficiency of the evidence
and concluded the evidence
supported the jury’s finding.
Medical evidence refuted the
causal connection between
Bubnis’s chemical exposure
and her later ailments. Evidence also indicated another
cause of her current condition. The court affirmed. • AL
17
briefs
In the News
Gardere Wynn Sewell has
promoted Nanette K. Beaird to
partner. Beaird is a government
affairs attorney in Gardere’s
Austin office. She represents
national and international clients in all regulated industries
before state agencies throughout Texas and beyond.
Anna Eby has formed Eby
Law Firm, a boutique business
litigation and appellate law firm.
Eby, an associate with Cindy
Olson Bourland prior to Justice
Bourland’s appointment to the
Third Court of Appeals, also
counsels business clients in strategic business planning. 302 N.
Lampasas St., Round Rock, TX,
78664; phone: 512.410.0302;
email: eby@ebylawfirm.com.
www.ebylawfirm.com
Retired County Court at
Law Judge David Phillips and
his wife Diana recently presented a check for more than
$12,000 to Austin Community
College. Phillips raised money
for ACC at his retirement party
last November. The money will
help ACC with establishing the
Judge David Phillips Endowed
Scholarship.
Jackson Walker has named
Jorge Padilla as a partner.
Padilla’s practice focuses on
serving clients in a variety of
complex commercial litigation
matters, including partnership
and fiduciary issues, trust litigation, healthcare litigation, and
real estate disputes, as well as
business contract disputes.
Reed & Scardino has
announced three new partners: Steven Tepera, Ray Mort,
and Kirk Dorius. Tepera is an
aerospace engineer, licensed
patent attorney and focuses his
practice on IP and commercial
litigation.
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18
McGinnis Lochridge attorneys Carl Galant, Michael
Kabat, April Lucas, and
Jessica Palvino have been
named 2015 Texas Rising
Stars. The Rising Star honor
is reserved for the top Texas
attorneys who are 40 years
old or younger, or have been
in practice fewer than 10
years. They are nominated by
members of the Texas Super
Lawyers list, which is published annually in October.
For the second year in a
row, Waller Lansden Dortch
and Davis has been recognized
by the American Bar Association’s Health Law Section as
the #1 law firm in the South.
The recognition is part of the
2015 Second Annual Regional
Law Firm Recognition. Austinbased Husch Blackwell also
joined the top ten list.
Global publication Managing Intellectual Property has
named Pirkey Barber the “Firm
of the Year” in the National
Trademark Contentious category. Pirkey Barber received
the recognition earlier this
Burgess (center) with David Cleary (left) and Broadus Spivey; Meisel; Padilla; Partridge; Phillips (center) and wife Diana (right)
present a check to ACC’s Stephanie Dempsey; Seelbach; and Tesarek
New Members
Please welcome the following
new members to the Austin Bar:
Kristin Baird Blaine Bassett, Intellectual
Property
Allyson Boney, Estate Planning
and Public Health
Scott F. Courtney Jr., Commercial
Litigation
Mathew Dawson, Estate and Private
Placement Life Insurance Planning
Lowell Denton, Civil Litigation
and Labor and Employment
Tecaun Flores, Intellectual Property
Alex Hernandez Jr., Litigation
James Houchins, Administrative
and Regulatory Law; Commercial
Litigation; General Commercial Law
Koby Kirkland, Litigation
Jack Owen Jr., Real Estate
James F. Parker III, General
Litigation and Labor and
Employment
Stephen Pulsipher, Political Law
Michael Roberts, Commercial
Litigation
Lauren Shaw Nikolas Stavros, Real Estate
Slav Talavera, Family Law
Nicholas Tamsma, Federal and
State Tax Controversy
Sheila Tan, Insurance Defense and
Bad-Faith Litigation
Lindsey Ayres Todd, Business and
Construction Litigation
Russell Weaver, Business
Organization and Transactions,
Intellectual Property, and Business
and Intellectual Property Litigation
year at the publication’s eighth
annual North America Awards
ceremony in Washington, D.C.
Appointments/Elections
Karen Burgess has been
inducted into the International
Academy of Trial Lawyers. The
organization limits membership to 500 Fellows from the
United States, while seeking
out, identifying, acknowledging
and honoring those who have
achieved a career of excellence
through demonstrated skill and
ability in jury trials, before the
court and appellate practice.
A comprehensive screening
process identifies the most
distinguished members of the
trial bar by means of both peer
and judicial review. Burgess
has been evaluated by her
colleagues and the judges in
her jurisdiction and has been
highly recommended by them
as possessing these qualifications and characteristics.
Jackson Walker managing partner, Wade Cooper, has
been named Chairman of the
Austin Capital Metro Board. The
board consists of eight members
appointed by various governing
entities in the Austin area. The
Capital Metro Board is responsible for making policies about
the operation, control, and
management of Capital Metro.
Elizabeth C. Rogers has
been named president of Texas
Accountants and Lawyers for
the Arts. Rogers, a shareholder
at Greenberg Traurig, will lead
TALA in its mission to provide
arts-related legal and accounting services to financially-qualified individuals and nonprofit
arts organizations, as well as
educational programming to
contribute to the Texas creative
economy and the cultural enrichment of Texas communities.
Karl Seelbach has been
elected a shareholder at Winstead. Seelbach participates in
the firm’s Commercial Litigation and Labor & Employment
Practice groups. He represents
clients in a wide variety of complex litigation matters, including
employment law, real estate and
financial services. His docket
includes a large number of
employment-related litigation
matters for Fortune 50 and Fortune 100 corporate retailers.
New to the Office
DuBois, Bryant & Campbell added bankruptcy attorney, Seth E. Meisel, to its staff.
Meisel has experience handling a wide range of commercial, employment and contract
disputes, bankruptcy matters,
and business torts. He also has
experience in jury trials, bench
trials, administrative proceedings, private arbitration, and
mediation.
Lindsay Partridge has
joined Friday Milner Lambert Turner as an associate.
Partridge previously worked for
Wendy H. Schwartz and Associates in Washington D.C. Her
practice focuses on family law.
Peyton Smith has joined
Reed & Scardino as partner and
chair of the firm’s new Labor
& Employment Practice group.
Smith focuses his practice on
counseling management on employment matters and defending
employers in employment-related litigation.
Brian Sullivan has joined
the Texas Hotel & Lodging Association as Associate General
Counsel. Sullivan will provide
legal and governmental affairs
services to THLA and its more
than 3,300 members.
Nicholas J. Tamsma has
joined the Austin-based tax
law firm, Mondrik & Associates, as an Associate Attorney. Tamsma joins the firm’s
practice, representing taxpayers in federal tax and state tax
controversies and litigation.
11044 Research Blvd., Suite
B-400, Austin, Texas 78759.
Phone: 512.542.9300; email:
ntamsma@mondriklaw.com.
Kimberly A. Tesarek has
joined Graves, Dougherty,
Hearon & Moody as an Associate. Tesarek will practice
Corporate and Securities.
New Digs
Dubois, Bryant & Campbell have moved to a new
location in the Colorado Tower.
All attorneys’ emails, phone
and fax numbers will remain
the same. 303 Colorado Street,
Suite 2300, Austin, Texas
78701. Phone: 512.457.8000;
fax: 512.457.8008
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.
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.
19
w w w. a y l a . o r g
AYLA President’s Column
Amanda Arriaga, Texas Department of Public Safety
Leading Like a Girl
AYLA Female Leadership On the Rise
I
See there
f you have attended
a meeting in the
Board Room of the
Austin Bar Association offices, you have surely noticed
the wall of portraits. One wall
has the past AYLA Presidents
and one has the past Austin
Bar Presidents. What I think is
so interesting about the wall
is that soon, the majority of
the portraits on the AYLA wall
will be of females.
There are currently five
brilliant ladies pictured on
the wall who served as AYLA
President before me: Judge
Elisabeth Earle, Laura Merritt,
Shannon Meroney, Amy Welborn, and Kennon Wooten.
And I am excited that the
brilliant and glamorous Chari
Kelly is going to be your next
AYLA President. And, by the
time you read this article, our
you
20
Upcoming Events
Our female AYLA leaders are judges,
partners, prosecutors, entrepreneurs,
and innovative thinkers.
new AYLA President-Elect
will have been chosen, and
(since no men were nominated) will also be a woman.
Now, I am not knocking
the boys. We have had some
incredible male leaders. But
it’s nice to see the change
reflected on our wall.
Even now, we still have
ad campaigns focused on reminding girls that they can be
leaders. Have you seen the
one where they ask kids what
it means to “throw like a girl”
or “run like a girl”? The older
kids make it a silly throw or a
prissy run. The younger ones
know there isn’t a difference.
Our female AYLA leaders
are judges, partners, prosecu-
AYLA Past President Kennon Wooten
(left) and President Amanda Arriaga
tors, entrepreneurs, and innovative thinkers. So, in that
context, I am happy to “lead
like a girl.” • AL
Help your clients help themselves
Chris@StClairCoaching.com
www.StClairCoaching.com
512 329 8860 (O)
512 423 0402 (C)
AYLA Docket Call
Thursday, May 21
5:30 to 7 p.m.
Location TBD
New to AYLA? Docket Call is our monthly
happy hour. Join us to network, meet new
members, learn about AYLA service projects
and volunteer opportunities, and have fun!
Visit ayla.org for full details on all upcoming
AYLA events and happenings.
Chris St. Clair, CPCC
St. Clair Coaching



DIVORCE TRANSFORMATION COACHING
Create specific & forward-focused goals
Improve decision making skills
Help distinguish between things clients
can & cannot control
Leveraging proven techniques by best-selling author
Honoree Corder
w w w. a y l a . o r g
AYLA’s Eighth Annual Women’s Resource Fair
O
n Saturday, March
28, 2015, the Austin Young Lawyers
Association hosted its eighth
annual Women’s Resource
Fair at the Schmidt-Jones
Family Life Center in Austin.
For the past eight years, the
Women’s Resource Fair has
brought together various
members of the Austin community to provide muchneeded free resources to
homeless, low-income and
battered women and their
children. The need for the
event was clearly demonstrated by the more than 350
women and children who
attended.
The need for the
event was clearly
demonstrated by
the more than
350 women and
children who
attended.
Throughout the day, attorney volunteers provided
legal assistance in a variety
of areas, including criminal
law, family law, child custody, domestic violence, public
benefit programs, immigration, consumer issues, and
estate planning. Attendees in
need of long-term assistance
will be served through Texas
RioGrande Legal Aid and
Volunteer Legal Services of
Central Texas.
Medical service providers
worked nonstop to provide
Women’s Resource Fair
2015 Sponsors
Benefactor $5,000+
CPL Laboratories
Platinum $1,000+
Civil Litigation Section of the
Daryl Flood Relocation and Logistics
Women Partners in Health
Gold $750+
Blue Cross Blue Shield of Texas
Chuy’s
Constangy Brooks & Smith
Jackson Walker
Marquee Rents
Serrano’s
Silver $500+
Administrative Law Section of the
Beck, Redden & Secrest
Driskill Hotel
Hanna & Plaut
Law Office of David A. Sheppard
Watts | Guerra
Winstead
Bronze $250+
AYLA Women’s Resource Fair volunteers; Seton’s Big Pink Bus provides
mobile mammography screening
39 well-woman exams,
approximately 22 mammograms, and 160 vaccines,
among a multitude of other
medical services. Attendees
had access to mental health
services, debtor and credit
counseling, and job skills
and educational counseling. More than 50 social
service providers answered
questions and handed out
information about various
services available in the Austin community. In addition,
attendees were able to shop
from a substantial clothing closet and receive new
haircuts.
In order to make it
possible for the women to
take full advantage of the
available services, the Fair
provided childcare for their
children. The kids enjoyed a
magician, face painting, and
other fun activities.
Special thanks to Liz
Branch, Lauren Kleine and
Whitney Mack, the Women’s
Resource Fair Committee
co-chairs, and the hundreds
of volunteers who made this
event a huge success.
Also, a heartfelt thanks
to the numerous, generous
sponsors who donated their
time, money, and facilities to
ensure a positive experience
for all attending. • AL
Austin Regional Clinic
Nancy Callahan, Agent State Farm Insurance
Fee, Smith, Sharp & Vitullo
Graves Dougherty Hearon & Moody
Jo’s Hot Coffee – Good Food
Lawyer Referral Service of Central Texas
Matt’s El Rancho
MetLife
Pizza Nizza – Mark Skiles
Dr. John Schmid, DDS
Texas Rio Grande Legal Aid
Thompson, Coe, Cousins & Irons
Dr. William K. Thomson, DDS
Thrash Law Firm
Travis County Medical Society
Travis County Women Lawyers’
Association
Tune Bugs
Contributor Up to $250
Sun Dragon Martial Arts
Texas Cold Front – Self Service
Ice Machines
Special Thanks
BB Imaging
CenTex OB/GYN
First United Methodist Church
Lousted Lice Treatment
Paul Mitchell The School Austin
South Austin Medical Clinic
Texas Oil and Gas Association
Texas Trial Lawyers Association
Travis County Constable, Pct. 5
Volunteer Health Clinic
Volunteer Legal Services of
Central Texas
21
Honoring Key Richardson: A Partner for Austin Adoption Day
Richardson Retires From CASA After 15 Years of Service
T
hirteen years of service to Austin Adoption Day and
more than seven thousand children served in the
Central Texas community: That’s just a sampling of the
impact Key Richardson has had on the Austin community during her time as Program Director for Court Appointed Special
Advocates for Children in Travis County.
Richardson retired from CASA in April, after 15 years of
service to the organization. Before her last day on the job, the
Austin Bar held a special luncheon at the Austin Club, presenting Richardson with a plaque and certificate for all she
has done for Adoption Day since the inception of the event in
2002.
“When we started Adoption Day, we knew right away that
we needed to get CASA involved because of their dedication to
children,” said Austin Adoption Day Chair Denise Hyde. “Key’s
commitment and dedication to children
and their families in Travis County is
unsurpassed. She’s a tireless worker. She’s
a staunch and constant
advocate for the children
“Key’s commitment and dedication
to children and their families in
Travis County is unsurpassed.”
– Austin Adoption Day Chair Denise Hyde
and for the children’s best interests.”
When Austin Adoption Day started almost 14 years ago,
CASA and CPS were the Austin Bar Association’s only partners
in the event. Since then, four more partner organizations have
joined, something Hyde credits Richardson with.
“CASA led the way,” explained Hyde. “I think it’s because of
the leadership Key has shown on the Adoption Day Committee.
Everyone else we work with wants to follow in line.”
Richardson is known for going above and beyond her
duties on the Adoption Day Committee. The former program
director not only handled her cases with expertise, but hasn’t
been afraid to get down on the floor, helping to make the
event’s Wizard of Oz themed yellow brick road. She’s also
become well known for putting together the highly recognizable “balloon arch” each year that leads into the festivities at
Mobile 512-750-8020 • Direct 512-457-9807
22
(left to right) Lissa Adams, Judge Darlene Byrne, Jessica Blacklock and Key Richardson; (left to right) Key Richardson, Stephanie Gregoire and Janet Rodriguez
the Gardner Betts Juvenile Justice Center.
“I hate to play off her name and that of CASA’s, but it does
seem like she is the key to the doorway of CASA,” said Judge
Darlene Byrne. “She opens up so many doors for families,
services, partnerships, collaborations, good work and vision.
The energy and joy she has for her work is evident on her face
– she glows with it. I will miss working with her greatly.”
Richardson may not be working for CASA anymore, but she
likely won’t be much of a stranger. She has already mentioned
plans to stop by Adoption Day in November, and she might
even pitch in and blow up a few balloons the night before.
“She’s left us in incredibly good hands with her replacement, Sarah Christofferson. But at the same time, Key’s energy,
enthusiasm, grace, kindness, pleasant attitude and sweet heart
will be incredibly missed,” said Hyde.
Christofferson, who took over as program director on May
1, 2015, is looking forward to her new role at CASA. But she
knows she has some very big ruby slippers to fill. • AL
SCOTT E. PETTIT, CPA
Complementary review of prior year
tax return for all new tax clients.
Tax preparation and planning for individuals,
partnerships, C-Corporations, S-Corporations,
LLCs, Trusts and Non-Profit Organizations
Call or email for a free consultation.
(512) 553-5272 • info@thetexascpa.com
www. THETEXASCPA .com
TAXES
FINANCIAL
MODELING
& ANALYSIS
INTERNAL
CONTROLS
MULTISTATE
PAYROLL
SMALL
BUSINESS
STARTUP
AFFIRMED
Judgment upheld.
TLIE was voted 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 $36,550,000 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
23
minority bar
spotlight
Austin LGBT Bar: Providing Legal Training for LGBT Issues
O
ne of the newest minority bar associations within the
Austin legal community is quickly growing. Organizers of the LGBT Bar want all Austin Bar members to
know the LGBT Bar has something to offer for everyone, regardless of sexual orientation.
“We are in a very exciting and volatile historical period of
time with regard to the evolution of the case law and statutes
and procedures, as legal processes affect LGBT people more
than ever,“ said Gary Schumann, founding board member of
the LGBT Bar.
We are in a very exciting and volatile
historical period of time with regard
to the evolution of the case law
and statutes and procedures...
The Austin LGBT Bar organizes and promotes CLEs on how
to represent gay, lesbian, and transgender clients with various
issues and problems due to current legislation.
“Most people are just familiar with the marriage issues,”
said Schumann. “But there are also issues involving adoption,
employment non-discrimination, immigration, and many other
areas of the law where specialized legal knowledge is needed
in order to represent these LGBT clients.”
The Austin LGBT Bar offers CLE programs at least once every
other month. Most of the programs are held at the Austin Bar
offices. The organization also coordinates with the State Bar
and other legal groups to offer joint-CLE courses.
Organizers say the need for help in the LGBT community is
growing.
“Family lawyers have participated with us,” said Schumann.
“Particularly we are having a lot of couples getting married in
states where same-sex marriage is legal. Then they move to Austin because of the surge in high-tech jobs. But from healthcare
to probate issues, it creates a lot of problems.”
Currently, the Austin LGBT Bar has around 90 members,
four officers and six other board members. The organization
has been in operation for almost five years and accepts new
members on a daily basis.
“I think our group has been very impactful,” said
Schumann. “I was at a diversity event and a father came up to
me said his high school daughter had recently come out. He
said seeing a group of professional lawyers suited up made
him realize his daughter’s life would be just fine. She could be
just like we are.”
The Austin LGBT Bar is also in the process of creating an
LGBT scholarship program for students. The organization
raised $2,000 for the program at its annual Festivus party last
December and plans are in the works for a first-ever LGBT Bar
Gala Fundraiser in September.
If you would like to become more involved with the Austin
LGBT Bar, visit their website, austinlgbtbar.org. • AL
24
Getting to Know Volunteer Legal Services
Who We Are and Where We Are Headed
By Steve Elliot, Executive Director
of
Volunteer Legal Services Central Texas
V
olunteer Legal Services (VLS) helps low-income
clients in and around Austin access the civil justice
system by pairing them with volunteer attorneys who
donate free legal advice and representation, and by supporting and training those volunteer attorneys. Our attorneys assist
people with a wide variety of critical needs. For example, they
help victims of abuse end violent relationships, they connect
persons with disabilities with medical and financial benefits,
and they help people avoid homelessness by defending against
wrongful evictions and foreclosures. The list of legal matters
tackled by VLS volunteers is long and diverse. Last year, VLS
attorney volunteers served nearly 5,000 people with 16,000
hours of free legal services. The value of this donated expertise
is worth more than $4 million.
VLS was founded in May 1981 under the name of “Austin
Lawyers Care,” through the initial leadership of stalwart Austin
attorneys such as J. Chris Dougherty, Clark Heidrick, Tommy
Jacks, and Bea Ann Smith, to name a few. The key to the success of VLS throughout the subsequent years has been its close
collaboration with Austin attorneys and with Austin bar leaders representing the Austin Bar Association, its various sections, and other local bar groups. VLS currently has 850 active
attorney volunteers who take cases and staff legal advice and
intake clinics. We recently enhanced our partnership with AIDS
Services of Austin, through the Capital Area AIDS Legal Project,
to handle hundreds of cases. Our many Austin law firm partners
regularly take groups of pro bono cases on a rotating basis. The
Austin Bar Association, its sections and other local bar groups
provide grants and other financial support, including a grant
just this past month from the Travis County Women Lawyers’
Foundation to fund VLS efforts to help single mothers defend
against predatory home loan practices. VLS can truly say it is
the “Lawyers’ Charity” here in Central Texas.
As Austin’s population has grown, VLS has continued to
meet the challenge of providing ever higher volumes of legal
services. By maintaining a tight budget and a focus on low
VLS Community Impact 2014
›› 15,887 hours of attorney donated time valued at
$4,114,919.
›› 2,473 hours of time donated by paralegals,
interpreters and other professionals, valued at
$370,958.
›› The total financial benefit to VLS clients as a result of
pro bono legal services was $2,505,506.
›› 4,558 individuals attended 84 Evening Intake/Advice
Clinics.
›› 196 domestic violence victims served.
›› 189 new attorney volunteers.
›› $118 cost per case.
Volunteer Legal Servic
Community Impact 20
15,887 hours of attorney donated time valued at $
2,473 hours of time donated by paralegals, interp
other professionals, valued at $370,958.
The total financial benefit to VLS clients as a result
legal services was $2,505,506.
4,558 individuals attended 84 Evening Intake/Adv
196 victims of domestic violence served.
189 new attorney volunteers.
$118
cost
per case.
A recent Evening
Clinic
sponsored
by VLS
2660 Cases Closed
l Family
l Housing
l Consumer
l Tort
l Wills/Estate
l Employment
l Individual Rights
l Income
l Misc.
overhead, VLS has been able to direct as much funding as
possible to client services. To maintain this client focus, the
VLS Board recently made the tough decision to move from
its current downtown location in the Austin Bar Association
offices to less expensive space outside of downtown. We
expect the move to save more than $25,000 per year that can
be directed to helping low-income central Texans resolve their
legal problems. VLS greatly appreciates the generosity of the
Austin Bar Association in supporting VLS’ tenancy at the Bar
Association offices. The location of its offices, however, by no
means should define or limit VLS’ collaboration with the Austin
Bar. Regardless of its office location, VLS will continue its close
collaboration with the Austin Bar Association and other bar
leadership groups, and will place renewed emphasis on identifying means to collaborate with Austin lawyers to promote pro
bono legal services.
VLS expects to move late this summer. Please wish us well
on this move and know that we are dedicated to continuing collaboration with the Austin Bar Association, other bar
leaders, and the wonderful lawyers in downtown Austin and
throughout central Texas. • AL
25
upcoming
events
May
8
15
21
22
Austin Advisors Forum: Estate Planning &
Probate Full-day CLE
Time: 9 a.m. – 4:30 p.m.
Location: J.J. Pickle Research Campus, Li’l Tex
Auditorium, Commons Building, 10100 Burnet Rd.
CLE: 5.75 hours, including 1 hour of ethics credit
Register at http://bit.ly/AAF2015.
Family Law Section Full-day Seminar
Time: 9 a.m. – 4:30 p.m., followed by a happy hour
Location: St. Edwards University
CLE: 6 hours of credit (pending)
For more information contact: abafamilylawsection@
gmail.com or Dawn at 512-481-0330.
Solos Supporting Solos Meeting
Time: 7:30 – 8:30 a.m.
Location: Cafe Express, 3418 N. Lamar Blvd.
Topic: Balancing for Clients, Growth, and Life
Speaker: Mike Carr, Performance Trainer
Member’s Only 4th Friday Free CLE
Time: Noon – 1 p.m.
Location: Austin Bar, 816 Congress Ave., Suite 700
Topic: Observations from the Bench
Speakers: Judge Todd Wong, County Court Judge at Law
One, and Randall Slagle, Justice of the Peace Precinct 2
CLE: 1 hour
ROBERT M. CAIN, MD
Board Certified Neurologist
42 Years in Austin
EXPERT WITNESS
Fair. Dependable. Accurate.
neurologyaustin@juno.com
(512) 458 - 8900
BRAIN, CONCUSSION & SPINE
26
classifieds
OFFICE SPACE
Downtown Attorney Office
Available on Congress Avenue.
Sublease includes office
furnishing, high-speed internet,
law library, reception area and
services, shared conference
room, and kitchen/break room.
Month-to-month sublease also
available. Call 512.476.5757
for more information.
Office space available two
blocks from Courthouse. Common areas include: reception,
two conference rooms and
kitchen. Tenants share reception staff for greeting incoming
clients, accepting deliveries
and mail distribution. We have
one 12’x12’ window office
and one 14’x11’ window office. Both have views of west
Austin. We also have a 9’x7’
interior office available. Offices
can be leased together or separately. Parking in the attached
garage is $110 per month per
automobile, tax inclusive.
Please call 512.478.1011 to
schedule an appointment to
visit the space.
Private office space –
120 square feet – Free
Parking. We are looking
for an individual to join
our shared space on South
Congress near Riverside.
Our businesses are focused
on energy, water, natural
resources, communications
and community outreach.
Access to conference room
and high speed internet. For
more information, contact
Samantha Robledo at
512.707.1116.
The Austin Bar Association
has 2104 – 3494 square feet
of office space available
Oct. 1 at 816 Congress,
Suite 700, perfect for a
law firm. Fitness Center,
24-hour security parking,
three conference facilities,
on-site deli, storage facilities
and outdoor and indoor
space for private events. For
more information, please
contact Burke Kennedy,
512.717.3070.
For rent in Westlake. Wellappointed private office space
available in law office suite
on the top floor of a Class A
suburban office building complex. The suite has an available extra work station for an
assistant. Shared amenities include law library, conference
room (with an exceptional
view of downtown Austin),
kitchen/break area, copier/fax/
scanner, high-speed internet.
Location is 1250 Capital of
Texas Hwy S., Ste. 3-601 in
the Class A suburban office
building complex. Please call
Tish at 512.327.3400.
COMPREHENSIVE FAMILY LAW PRACTICE
Particular expertise in complex estates, intellectual property,
special needs children, pre- and post-marital agreements,
and contested custody cases
Noelke Maples St. Leger Bryant, LLP
PARTNERS:
LEA C. NOELKE
KEITH D. MAPLES
ANDREA (ANDI) ST. LEGER
JUDITH BRYANT
SAM D. COLLETTI
ASSOCIATE ATTORNEYS:
NIKKI HUDMAN
HILLERY R. KAPLAN
NMSB-LAW.COM
Advertiser Index
BUSINESS
PAGE NUMBER
Hal Sanders...........................................14
Noelke Maples St. Leger Bryant LLP......27
Apple Leasing........................................5
Jim Kaighin, Jr., CFP..............................12
Patrick Keel............................................15
Broadway Bank.....................................28
Lakeside Mediation Center....................9
Riggs & Ray...........................................22
BusinesSuites Hill Country Galleria......15
Laura Jacks Mediation...........................9
Robert M. Cain, MD, PA.......................26
Cornell Smith Mierl Brutocao...............6
Law Office of William F. Ryann.............16
Sam Graham.........................................26
David M. Gottfried – Mediator.............5
LawPay...................................................2
Scott E. Pettit, CPA................................23
Divorce Planning of Austin...................16
Lexis Nexis.............................................3
St. Clair Coaching.................................20
Financial Valuation Services..................14
Loewy Law Firm....................................7
Texas Lawyers Insurance Exchange.......23
Foster, LLP.............................................18
Moreland Properties..............................26
Thomas Esparza, Jr. PC.........................23
27
Meet our PRIVATE BANKING EXPERTS:
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May 2015 - Austin Bar Association

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