Appellate Work + Pro Bono = Access to Justice

austin
lawyer
November 2014
Volume 23, Number 9
www.AustinBar.org
Features
Pro Bono Appellate Work Available ................ 1
Austin Phi Beta Kappa Scholarship................. 6
Texas IOLTA Prime Partner Bank Program....... 9
HBAA Hispanic Heritage Luncheon.............. 14
Solos Supporting Solos First Meeting.............. 20
Departments
Austin Bar President’s Column........................ 4
Opening Statement....................................... 11
3rd Court of Appeals Update........................ 13
Briefs............................................................ 17
AYLA............................................................ 18
Upcoming Events......................................... 21
Classifieds.................................................... 22
Appellate Work + Pro Bono
= Access to Justice
By Amy Warr, Alexander Dubose Jefferson & Townsend
W
ould you like more
experience in appellate work? Or are
you an experienced appellate
attorney who would like to do
pro bono work in your area of
expertise?
When considering pro bono
work, many attorneys think first
of family law or landlord/tenant
cases in civil district court. Few
are aware of the opportunities
at the appellate level.
The Third Court of Appeals
Pro Bono Program, established
in 2007, is growing and in
need of more volunteers.
Volunteers with the program:
ƒƒ Can service as lead counsel on appeal.
ƒƒ Have a good chance at oral argument (although not guaranteed, the Third
Court gives favorable consideration to program cases).
ƒƒ Receive assistance from mentor counsel, if desired.
ƒƒ Receive free malpractice coverage for program appeals through the State Bar
of Texas.
ƒƒ Maintain no continuing obligation should case advance to Supreme Court or
be remanded to lower court.
Carlos Romo of Baker Botts has handled three appeals through the program.
“These cases help everyone. Pro bono clients who would otherwise proceed
pro se get a chance on the merits of their case. The courts of appeals get better
continued on page 7
austin
lawyer
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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
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November 2014 Austin Lawyer
3
President’s Column
Judge Elisabeth Earle, County Court of Law #7
Honoring Incredible Mentorship
A
s we perform our work each day, it is easy to see the
impact that our efforts are having on the lives of people that we touch. Each of us enjoys great satisfaction
from the good that we are accomplishing and the difference
that we are making. But ours is not a solitary profession and, in
everything that we do, the work brings us into interactions with
fellow practitioners and fellow members of the Bar. Each of
these is an opportunity to mentor, knowingly or perhaps not, as
we hold ourselves to the highest standards of the profession and
as we seek justice for our clients.
This month, the Austin legal community lost a dear friend
and practitioner who was also a leader and mentor to many of
us serving in the legal profession. Judge Harley Clark graduated from The University of Texas with his law degree in 1962
and was widely known for introducing the famous “Hook
‘Em Horns” sign during a pep rally prior to Texas playing
TCU in 1955. As recounted by many, Judge Clark held up
the sign and told the crowd, “This is the official hand sign of
the University of Texas, to be used whenever and wherever
Longhorns gather.” During the course of his service as an attorney, in front of and behind the bench, Judge Clark touched
the lives of tens of thousands of attorneys and clients. Each of
them benefited from his legal acumen, his caring and thoughtful personality, and his attention to delivering service to his
clients and his court.
But, outside of these formal interactions, Judge Clark played
another important and infinitely valuable role, the role of mentor to many attorneys around our state. With his passing, many
of these lawyers are retelling their experiences with and before
the judge, expressing their appreciation for the role he played
in their lives. Many feel his influence in their decision making, their perspectives on portions of the law, or the manner in
which they conduct their business and their lives. Long after
Judge Clark’s passing, his influence and his great works will live
on in the lives and the works of the individuals to whom he was
a mentor. Like a great legal opinion, a great lawyer can have
4
Austin Lawyer November 2014
an influence for
generations.
Each of you
has something
to offer those
who follow us in
the profession,
and the Austin
Bar is providing
formal mentoring opportunities
to help facilitate
these relationships. Each September to June, the Mentoring
Program helps to ensure that the high standards of the Austin
legal community are carried forward in each “generation” of
new attorneys who enter into practice by offering bi-monthly
meetings between mentors and “mentees.” These lunch meetings usually feature a notable special guest speaker from the
legal community and allow time for questions and answers
from participants. If you have an interest in participating in this
program, please visit the Bar website or reach out to the staff for
more information.
On Jan. 31 at the Austin Bar Foundation Gala, we will be
awarding the Larry F. York Mentoring Award to Justice Woodie
Jones, Chief Justice of the Third Court of Appeals. The award
is a tribute to the late Larry York, who I not only admired, and
literally looked up to, but who I also leaned on for advice and
mentorship for over 20 years.
Each of us has an individual or individuals we hold in high
regard for the guidance and mentoring they provided to us
in our careers. None of us has achieved on our own or without being lifted by those who practiced before us. Thank you,
Austin Bar Association members, for your willingness to share
of yourselves with those who follow behind us. Our profession,
our community, and the practice of law are all better for your
generosity. • AL
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November 2014 Austin Lawyer
5
Austin’s Phi Beta Kappa Raising Money for Scholarship
H
ere are two challenge questions: Which local law
firm has the most Phi Beta Kappa members on its
roster? And when it comes to raising college scholarship funds for Austin area high school seniors, who would you
expect to be more generous, doctors or lawyers?
PBK Alumni Association of Austin
created a special scholarship funded
by Austin area lawyers.
Phi Beta Kappa, organized in 1776, is the country’s oldest
and most widely known academic honor society. Membership
is diverse, including seven sitting members of the U.S. Supreme
Court and the likes of Peyton Manning, Condoleeza Rice, Francis Ford Coppola, Jeff Bezos, and Gloria Steinem.
PBK Alumni Association of Austin recently created two
special scholarships, one funded by Austin area lawyers, and
the other by local physicians. Tom Mason, board president
and long-time Austin attorney, is urging more Phi Beta Kappa
members to join the local organization and help boost scholarship funds.
“Currently, our member doctors are out fundraising the
lawyers,” Mason said. “So we need to recruit more attorneys to
this worthy cause.”
If you think your firm has the largest number, or the highest
percentage, of Phi Beta Kappa members in Austin, email your
numbers to thosmason@austin.rr.com. Results will be featured
on the PBK Austin website.
Visit the website to learn more about this year’s outstanding scholarship winners and to make a donation at pbkaaga.
wildapricot.org. • AL
municode
6
Austin Lawyer November 2014
Access to Justice Achieved
by Pro Bono Appellate Work
continued from cover
briefs. Young lawyers get a chance to manage a case and
hone writing and oral argument skills. And with great mentors and fairly contained records on appeal, you don’t have
to be an appellate specialist.”
To date, Austin lawyer volunteers have achieved important victories for pro-bono clients and gained valuable experience in the process. Susan Kidwell of Locke Lord prevailed
on behalf of a single mother who had been assessed crippling fines by her homeowners’ association.
“I took this case because the client appeared to have suffered a real injustice but did not have the financial resources
to present an effective case on appeal. After a lively oral
argument, the Third Court of Appeals rendered judgment
wiping out the illegal fines. The result was legally satisfying,
but it was even more rewarding to be able to help someone
access the courts and obtain the justice she deserved.”
Michael Heidler of Vinson & Elkins obtained reversal of
a vexatious-litigant finding against a mother in a family-law
case.
“Working on a pro bono appeal is a rewarding experience and a great way to sharpen one’s appellate skills,” said
Heidler.
Sean Flammer of the Edwards Law Firm handled an appeal
he initially believed would be about the rights to music.
“But the case transformed into an access-to-courts case,
where I advocated for the rights of low-income Texans to have
access to the appellate courts,” said Flammer. “I wrote the
brief and had an oral argument with a ‘hot’ panel. It was a
great, rewarding experience. After the case ended, my opposing counsel referred me paying clients.”
Chief Justice Woodie Jones emphasized the importance of
having representation on appeal.
“The Third Court greatly appreciates the efforts of the attorneys in the Pro Bono Program,” said Justice Jones. “We are
all in the business of trying to see that justice is done, and
Program attorneys play an important role in that endeavor at
the Third Court.”
LAURA
JACKS
“We are all in the business of trying to
see that justice is done, and Program
attorneys play an important role in
that endeavor at the Third Court.”
– Chief Justice Woodie Jones
A wide variety of issues and cases are available — at your
convenience. Add your name to the screening committee’s
email list. Then wait until the timing is right and you see a
case that interests you. You will have an opportunity to discuss the case with a screening-committee member and gauge
the likely time commitment before deciding whether to take
the case.
Whether you are an appellate novice or an old hand, this
could be the pro-bono opportunity you have been waiting for!
For any questions, or to be added to the list, email Amy
Warr, screening committee chair, at awarr@adjtlaw.com. • AL
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November 2014 Austin Lawyer
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Austin Lawyer November 2014
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Are you Banking on Justice?
November is Texas IOLTA Prime Partner Bank Month
By Betty Balli Torres, Executive Director
W
of the
Texas Access
to Justice
Foundation
Texas IOLTA
hen the Supreme Court of Texas
created the Interest on Lawyers’
Trust Accounts Program 30 years
ago, the program worked as it was intended
and played a major role in the funding of the
state’s legal aid system. But when interest
rates plummeted in 2008 to historic lows,
IOLTA revenue would have been completely decimated without the private-public
partnership of the banks and credit unions
participating in the Texas IOLTA Prime Partner Bank program.
Prime Partner banks voluntarily pay higher interest rates on
IOLTA accounts, helping close the gap in funding. These 60
banks increase IOLTA revenue by millions throughout Texas. In
November, we recognize the important role of these banks during Prime Partner Bank recognition month.
Prime Partners
Austin-area Prime Partner banks include:
•Bank of the Ozarks
•First-Lockhart National Bank
•Horizon Bank
•Independent Bank
•Commerce National Bank
•Northstar Bank of Texas
•Pioneer Bank
•PlainsCapital Bank
•R Bank
•Southwestern National Bank
Since 2007, the Texas Access to Justice Foundation has
experienced a loss of $99.3 million due to declines in funding from the IOLTA program. In 2007, IOLTA revenue was $20
million; in 2014, it is projected to total only $4.2 million — a
decline of more than 75 percent.
More than 5.6 million Texans qualify for legal aid, and
many are turned away due to a lack of resources. The decline
in IOLTA revenue affects disadvantaged Texans who are forced
to face serious, complicated, and sometimes life-threatening
civil legal issues on their own.
Funds from the Prime Partner program help the Texas Access to Justice Foundation provide assistance to Texas families
seeking justice for an abused child, receiving health benefits
for a veteran or elderly person, or getting a family back in their
home when faced with a foreclosure or eviction.
The Prime Partner program needs help from the legal community to keep up the momentum. You can:
Bank with a Prime Partner bank to strengthen the program
and encourage additional banks to join the cause. The Austin
Bar Association banks with Horizon Bank, and Volunteer Legal
Services of Central Texas banks with PlainsCapital Bank.
Thank your local Prime Partner bank for their assistance in
helping low-income Texans and join the “I Bank on Justice”
campaign to highlight your support.
A more direct way to help is to contact eligible banks and
ask them to join the Prime Partner program. Visit the Texas
Access to Justice Foundation website at www.teajf.org to see
a list of eligible banks and to learn how to recruit new Prime
Partners.
With the support of the legal community, we’ll continue to
close the gap in funding for legal aid. Banking with a Prime
Partner is banking on justice. • AL
November 2014 Austin Lawyer
9
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Austin Lawyer November 2014
opening
statement
Semicolons: Not so Useless
“How useless is the semicolon?”
By Wayne Schiess, University
of
Texas School
of
Law
A
lawyer once asked me this question (emphasis in
the original) and proceeded to offer three points in
support. First, he said, a period can fulfill some of the
semicolon’s functions, and second, a comma can fulfill the rest.
Third, people abuse and confuse semicolons enough that we’d
be better off without them. Well, I had to concede some of his
points. But I was determined not to let “Mr. Useless,” as I’ll call
him, get the better of me. No. I believe lawyers, as professional
writers, have legitimate uses for the semicolon. Here are four.
1. Semicolons can separate independent clauses.
An independent clause has a subject and a verb and could be a
sentence by itself. We can separate independent clauses with a
period — as I had to concede to Mr. Useless. We do not object
to the amount of the fees. We ask that the amount not be disclosed to the public. But a period between independent clauses
says, “Full stop. New idea.” A semicolon between independent
clauses says, “Pause; related idea.” We do not object to the
amount of the fees; we ask that the amount not be disclosed to
the public.
So, Mr. Useless, the semicolon gives the professional writer
another option — another tool for connecting ideas.
2. Semicolons separate phrases in a series when one or more
of the phrases has internal commas.
This is a useful function more lawyers should apply. When you
have three or more phrases in a series, you normally separate
them with commas, which tells readers where each phrase
ends. But when one of the phrases has commas within it, readers can get lost. In those cases, use the semicolon as a “super
comma.” A basic example: I have a sister in Princeton, New
Jersey; a sister in Philadelphia, Pennsylvania; and a brother in
Great Falls, Montana.
Contract drafters should get to know this semicolon. The
modifiers and qualifications that appear in contract language
sometimes result in sentences like this: All other details as to
format, title, time, and manner of production, of price, publication and advertisement, and the number of, and distribution
of, editorial review and free copies will be left to the discretion
of the Publisher. Got that? It’s better with semicolons acting
like super commas: All other details as to format, title, time,
and manner of production; price, publication, and advertisement; and the number and distribution of editorial-review and
free copies will be left to the Publisher’s discretion.
And that, Mr. Useless, is something a period or comma
can’t do.
3. Semicolons separate the items in a numbered list.
This isn’t so much a rule as a convention in legal writing. When
you write a simple, textual list or series, you separate the items
with commas — as I again had to concede to Mr. Useless.
For example: When arguing a case to the jury, remember to
maintain regular eye contact, keep your argument short, and
close with a challenge. But in legal writing, once you number
the items, semicolons become conventional, even though
commas would also be correct: When arguing a case to the
jury, remember three things: (1) maintain regular eye contact;
(2) keep your argument short; and (3) close with a challenge.
Semicolons are even more conventional when you tabulate the
numbered list.
When arguing a case to the jury, remember three things:
(1) maintain regular eye contact;
(2) keep your argument short; and
(3) close with a challenge.
Why quarrel with convention, Mr. U?
4. Semicolons separate the authorities in a string citation.
Simple enough, and it’s one we already knew: Moran v.
Adler, 570 S.W.2d 883, 888 (Tex. 1978); Heien v. Crabtree, 369
S.W.2d 28, 30 (Tex. 1963).
And you can’t use periods or commas for that, can you, Mr.
Useless? • AL
November 2014 Austin Lawyer
11
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Austin Lawyer November 2014
3rd court of appeals
update
T
he following are
summaries of selected Third Court
of Appeals’ civil opinions issued during September 2014.
The summaries are intended
as an overview; counsel are
cautioned to review the complete opinion. Subsequent
histories are current as of
Oct. 22, 2014.
Trial procedure: Filing antiSLAPP motion to dismiss
does not waive special
appearance.
Wakefield v. The British Med.
Journal Publ’g Group, Ltd.,
No. 03-12-00576-CV (Tex.
App.—Austin Sept. 19, 2014,
no pet. h.). Wakefield sued
defendants in Travis County
alleging defamation. Defendants filed a special appearance and an anti-SLAPP
motion to dismiss. The trial
court granted defendants’
special appearance and dismissed without hearing the
motion to dismiss. Wakefield
contended the motion to
dismiss constituted a general
appearance and thus waived
defendants’ special appearance. According to the court
of appeals, a party generally
appears if it requests affirmative relief inconsistent with
an assertion that the trial
court lacks jurisdiction. The
court concluded that defendants’ participation in courtordered discovery unrelated
to the special appearance,
request for a special assignment under Local Rule
2.6, or request for a briefing
schedule on the motion to
dismiss were not inconsistent
with their assertion of lack
of personal jurisdiction. The
court affirmed.
Administrative law: Proceeding not moot when
agency conceded coverage, but amount of benefits remained in dispute.
Employees Ret. Sys. v. M.P.,
No. 03-13-00395-CV (Tex.
App.—Austin Sept. 17, 2014,
no pet. h.) (mem. op.). M.P.
sought reimbursement of
out-of-pocket expenses she
incurred to obtain medical
treatment that ERS initially
considered experimental. ALJ
determined the treatment was
covered and ordered M.P.’s
claim to be paid. Before the
final agency decision, ERS
dropped its dispute, paid the
“maximum amount” allowed
to the provider, and sought
dismissal of the proceeding
as moot. ERS’s ED dismissed
as moot. M.P. sought judicial
review, disputing that she, as
opposed to the provider, had
been reimbursed for the full
benefits she paid out-of-pocket. The trial court reversed
and remanded to determine
the “full benefits.” The court
of appeals concluded that
an issue remained on the
amount of benefits due and
whether M.P. received the
correct amount. The court
affirmed as modified.
Election law: Court grants
mandamus relief for candidate’s late-filed nomination
form.
In re Richard “Opey” Watkins, No. 03-14-00542-CV
(Tex. App.—Austin Sept. 16,
2014, orig. proceeding). The
Republican Milam County
chair missed the filing deadline to place Watkins on the
general election ballot. The
county clerk refused to accept
a late-filed nomination form.
Watkins sought mandamus
relief. According to the court
of appeals, the county clerk
has a ministerial duty under
Election Code § 52.003(a)(2)
to accept a facially compliant
certificate of nomination from
a party chair. Texas precedent
supports allowing the late filing when an election official
fails to perform a nondiscretionary duty through no fault
of the candidate. The court
granted mandamus relief.
The dissent concluded that
Watkins’ evidence demonstrated that he was not duly
nominated as a replacement
candidate and would have
denied the petition.
Administrative law: Court
affirms denial of alcoholic
beverage retailer’s permit.
Cadena Comercial USA
Corp. v. TABC, No. 03-1300262-CV (Tex. App.—Austin
Sept. 5, 2014, no pet. h.).
TABC determined that granting Cadena a wine and beer
retailer’s off-premise permit
would create a prohibited
“tied house” relationship
among a manufacturer,
distributor, and a retailer
in violation of Alco. Bev.
Code §102.07(a)(1). Cadena
challenged the denial. The
court of appeals analyzed
the meaning of “interest”
as used in the statute. The
court observed that the Code
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.
requires a strict separation
between manufacturing,
wholesaling, and retailing in
the alcoholic beverage industry to prevent a “tied house.”
The court rejected Cadena’s
argument that it takes an
actual financial or administrative control among the three
tiers to become a tied house.
Instead, the court construed
§102.07(a)(1) to encompass
any commercial or economic
interest that provides “a stake
in the financial performance
of an entity engaged in the
manufacture, distribution, or
sale of alcoholic beverages.”
Here, there was at a minimum
a unity of financial interest
between Cadena and brewers
at the manufacturer level. The
court affirmed. • AL
November 2014 Austin Lawyer
13
HBAA Luncheon Celebrates Hispanic Culture, Contributions
Justice Gonzalez Issues Call to Action
By Kat Hinson, Austin Bar Association
T
he first Hispanic to serve on the Texas Supreme Court,
indeed, the first Hispanic appointed or elected to
any statewide position in Texas, retired Justice Raul
A. Gonzalez Jr., served as an inspiring and instructive keynote
speaker at the 18th annual Hispanic Heritage Luncheon. Part of
the Hispanic Bar Association of Austin’s celebration of National
Hispanic Heritage Month, the luncheon featured essay contest
winners, scholarship recipients, and remarkable speakers.
With close to 230 people in attendance, the luncheon serves
as the primary fundraiser for the HBAA Charitable Foundation,
with proceeds supporting charitable and educational programs
and services that provide significant benefit to the Hispanic
community. This year organizers estimate raising a record
$44,000 from the event. Much of the proceeds will be focused
on scholarships to talented Hispanic students.
One of the luncheon’s highlights each year is the recognition
of the winning students in the HBAA Middle School Essay Competition. In the 10th year of the competition, students from nine
area middle schools submitted essays, and a first place winner
was chosen from each. Additionally, a grand prize winner and
runner-up are selected from the first place winners. The top two
winners each received a laptop generously donated by Dell, Inc.
The grand prize winner, Kaitlyn Davila, read aloud her essay
about kidnapping. Only in her early teens, Davila is already
counseling others about the dangers and consequences of
kidnapping.
To recruit essay contest submissions, members of the HBAA
Education Outreach Committee visited the participating economically disadvantaged middle schools and spoke about the importance of higher education and of diversity in the legal profession. Will you join me in giving up one hour
a week next year to be involved in the
Austin Partners in Education program?
– Justice Raul A. Gonzalez Jr.
“The HBAA Charitable Foundation, the Luncheon Committee, and the Education Outreach Committee volunteered
hundreds of hours of their time to make this event a success,”
said Jesse Butler of Thompson Coe and co-chair of the event.
“We do this because we truly want to give back to the community and do our small part to help students reach their full
potential.”
Long-time HBAA member and activist, Lulu Flores was presented with the Elizabeth Garcia HBAA President’s Award.
“Lulu Flores was selected as recipient of the President’s
Award for her years of dedication to the growth of our organization and her leadership in our community,” said HBAA President Keyla Robertson. Another tradition at the Hispanic Heritage luncheon is a
presentation by a cultural speaker, a non-lawyer who has made
an impact in the Hispanic community. This year’s cultural
speaker was Alisa Valdes, the New York Times and USA Today
bestselling author of “The Dirty Girls Social Club.” Valdez read
an article she had written several years ago called “An Accidental Island Tour” about sharing a cab ride with actor Woody
Harrelson in Cuba. Funny and evocative, Valdes’ writing paints
a vivid picture of both her opinions and observations.
continued on page 16
John C. “Rusty” Allman
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14
Austin Lawyer November 2014
HBAA Middle School Essay Competition Winners
Grand Prize Winner: Kaitlyn Davila, Martin Middle School – Kidnapped
Runner-up: Madison Adelstein, Del Valle Middle School – Berdoll Farms Fence
First Place Winners:
Sarahi Aguilar, Ojeda Middle School – Abortion
Victoria Barahona, Mendez Middle School – DWI
Sean M. Evaro, Dailey Middle School – Bullying
Michael Frazer, Webb Middle School – A True Tale of Life
Cassandra Macias, Wayside Charter School – Mandatory State Testing
Esteban Olivares, Fulmore Middle School – Austin Housing
Mauro Resendiz, Dobie Middle School – Immigration
Left: Justice Raul A. Gonzalez (retired), formerly of the
Supreme Court of Texas speaks to a packed room at the
HBAA 18th Annual Hispanic Heritage Luncheon.
Top Right: Winners of the HBAA Middle School Essay
Contest were excited to represent their schools
and take home great prizes.
Bottom Right: (from left) Hispanic Heritage Luncheon
Co-chair Renee Castillo-De La Cruz, cultural speaker
Alisa Valdes, Justice Raul Gonzalez, Hispanic Heritage
Luncheon Co-chair Jesse Butler, and HBAA Charitable
Foundation board member Art Villarreal.
November 2014 Austin Lawyer
15
HBAA Luncheon Raises Record Funds for Scholarships
continued from page 15
The luncheon culminated with Justice Gonzalez’ remarks.
Impressive and inspiring, Justice Gonzalez spoke on the flood
of children and families — including unaccompanied minors
— fleeing violence and poverty in Honduras, Guatemala, and
El Salvador and how attendees can help in this crisis.
“Since last October, more than 66,000 children from Central
America, have illegally crossed the Texas/Mexico border,”
stated Gonzalez. “Most of these children were unaccompanied;
a few were accompanied by their mothers. After they crossed
the river, they do not run and hide. They want to be found by
the Border Patrol. They willingly surrender.”
According to Justice Gonzalez, 70% of these children
crossed the river into the U.S. in the Rio Grande Valley. The
surprising statistics are where the children originated: 28% are
from Honduras; 24% from Guatemala; 21% from El Salvador;
and 25% from Mexico. This is a drastic change from just two
years ago, when more than 75% of the unaccompanied children crossing into Texas were from Mexico.
The shift appears to be due to fear of the severe and escalating gang violence in Central America.
“In addition to beating or killing young men who refuse to
join their ranks, [the gangs] use rape as a weapon, pushing sexual violence in El Salvador to an all-time high,” said Gonzalez.
Justice Gonzalez pointed out that of the 66,000 children who
have crossed into Texas in the last year, about 5,300 have been
placed with sponsors — usually family members — in Texas.
More than 350 of these children are now living in Travis County.
“Although our options to help these children directly are
limited, we can still make a
significant difference in the
lives of ‘at risk’ children,”
stated Gonzalez.
“Most of the school-age
kids from Central America
… do not speak English,”
continued Gonzalez. “In all
Old Paris
likelihood, they will enroll
in our local public schools;
and will be added to the
hundreds of children in East
Austin who do not read at
grade level. Research has
shown how vital it is to read
by the third grade.”
As Justice Gonzalez
pointed out, a child who
cannot read “at grade level”
by the third grade faces a
significant uphill battle and
statistically, will be unlikely
to graduate from high school.
Justice Gonzalez’ challenge to attendees — and
the whole legal community — is this: “Will you
join me in giving up one
hour a week next year to be
involved in the Austin Partners in Education program?
We have to be screened
AUSTIN BAR FOUNDATION GALA
and trained, but we can be
ready for the beginning of
the school year in January.
FOUR SEASONS HOTEL
LET’S DO IT!”
Visit austinpartners.org
to find out how you can
help children in the Austin
community get a solid start.
6:30 PM SILENT AUCTION/COCKTAIL RECEPTION
Accepting Justice Gonzalez’
8:00 PM SEATED DINNER/LIVE AUCTION
challenge seems like a great
austinbar.org DANCING/CASINO GAMES TO FOLLOW
way to celebrate Hispanic
Heritage month. • AL
S ave the date ...
for a night in
NUIT DANS LE
VIEUX
PARIS
JANUARY 31, 2015
TICKETS
16
Austin Lawyer November 2014
briefs
Dawson; Moore; Norton Rose Fulbright; and Price
Awards
„„ Austin Bar member Adam
Schramek recently accepted
the American Bar Association’s
2014 Pro Bono Publico Award
on behalf of Norton Rose
Fulbright, along with Stewart
Gagnon, Linda Addison, and
Layne Kruse. As a firm, Norton
Rose Fulbright took on more
than 100,000 pro bono hours
worldwide in 2013. In the
firm’s U.S. offices, 85 percent
of attorneys logged volunteer
hours, for an average of 111
hours per lawyer. Norton Rose
Fulbright has 3,800 lawyers
in more than 50 international
offices.
„„ Velva L. Price was
awarded the 2014 Professional Choice Award by the
Black Professional Alliance
and the Austin Black Lawyers
Association. Price was given
this award in honor of her
service and dedication to
both the community and the
organization.
New to the Office
„„ Matthew S. Dawson has
joined Giordani, Swanger,
Ripp & Phillips as an associate
attorney. Dawson’s practice
focuses on estate planning.
100 Congress Ave, Austin, TX
78701; ph: 512-767-7100;
email: Mdawson@gsrp.com.
Moving On Up
„„ Pirkey Barber has announced Jered E. Matthysse as
a new member, effective Jan.
1, 2015. Matthyse joined the
firm as an associate in 2009,
and now he will take on a
leadership role. A member of
the Austin Intellectual Property
American Inn of Court, Matthyse practices trademark law
with a focus on litigation and
policing.
„„ Erik Combs and Alex
Bistline joined Pirkey Barber
as the firm’s newest associates.
Bistline earned her J.D. from
the University of Texas School
of Law, where she was Grand
Chancellor of the Class of
2014. Combs also completed
his J.D. from the UT School
of Law, where he received the
Dean’s Achievement Award in
Patent Law.
Appointments/Elections
In the News
„„ Bill Cobb has founded
Cobb & Counsel, a commercial litigation boutique, which
represents regulated industries challenging government
regulations, responding to
Texas State Agency investigations, and opposing class actions. Cobb is joined by Jenny
Smith, formerly with Jackson
Walker, and Matt Ploeger, Of
Counsel. 401 Congress Ave.,
Suite 1540, Austin, TX 78701;
512-693-7570; www.cobbxcounsel.com.
„„ The 2014-2015 LeadershipSBOT program has
selected Craig Moore to
become a member. Created in
2008 by the State Bar of Texas,
LeadershipSBOT is designed
to increase diverse leadership participation within the
legal community through the
nomination of lawyers who
possess both the desire and the
potential to assume leadership roles in their communities
and the State Bar of Texas. The
yearlong program consists of
two training sessions and concludes with the presentation of
group projects during the State
Bar Annual Meeting.
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.
WITCHER MCCULLOUGH
ATTORNEY - MEDIATOR AND ARBITRATOR
Approved by: NASD/FINRA and American Arbitration Association
Litigator for 35+ years
Mediator for 20+ years
Complex business cases
Securities cases
Employment cases
Personal injury cases
McCullough ADR
witcher@mcculloughadr.com | www.McCulloughADR.com
Office: 512.587.3144
fax: 512.233.1750
November 2014 Austin Lawyer
17
w w w. a y l a . o r g
AYLA President’s Column
Amanda Arriaga, Texas Department of Public Safety
The Time of Year for Giving Back
I
really love the month of November. It’s just so …
cozy. It’s the time of year where you can finally wear
boots and tights again. (If you’re a girl, you understand this. If you’re a boy and don’t get it, ask a girl.) It’s also
the time of year where we have a holiday dedicated to giving
thanks, and hopefully we get to spend time with good friends
and family.
This year we are combining Holiday
Baskets and Reindeer Games into one
mega event on Dec. 14, where we
will give needy families the fixings for
a meal and a party for the kids.
This time of year always makes me think about how I can
give back. And if you feel the same way, you’ll be happy to
know that the Austin Young Lawyers Association has some
upcoming events where you can do some good, too. On Dec.
14, we will be holding our annual Holiday Baskets and Reindeer Games events. This year we are combining the two into
a mega event, where we will give needy families the fixings
for a meal and a party for the kids. If you don’t have plans,
we would love to have you join us to help make this a great
event. If you do have plans, but still want to help, we would
be happy to take your donation.
If you are interested in getting involved with AYLA, this
might be just the event for you. For more information about
this or any of our other AYLA events, email me at Amanda@
austinbar.org.
Thanks and Happy Thanksgiving! • AL
18
Austin Lawyer November 2014
w w w. a y l a . o r g
Austin Young Lawyers Celebrate Judiciary
Annual Event Introduces Austin’s Young Lawyers to More Than 30 Judges
T
he Austin Young
Lawyers Association
held its 16th Annual
Evening with the Judiciary
on Tuesday, Sept. 16, at the
Four Seasons Hotel. This
year’s event was another great
success, introducing Austin’s
young lawyers to federal,
state, local, and administrative judges, whom many will
practice before throughout
their careers.
Thank you to the committee and Co-chairs Mary
Ellen King, Sandy Bayne, and
David Lawrence. • AL
Top Left: Justice Debra Lehrmann
and Adam Schramek
Top Right: (from left) AYLA
President Amanda Arriaga with
Outstanding Mentor Award
co-presenter Nicholas Laurent;
Andrew York, who accepted the
Outstanding Mentor Award
on behalf of his late father,
Larry York; Outstanding Alumnus
Award winner Adam Schramek,
and Outstanding Mentor Award
co-presenter Jordan Mullins
Middle: (from left) AYLA Treasurer
Katie Fillmore, Diane Henson,
Justice of the Peace Raul
Gonzalez, and Erin Smith
Bottom: (from left) Judge Tim
Sulak, Austin Kaplan, and AYLA
Immediate Past President
David Courreges
Upcoming Events
AYLA Docket Call
Thursday, Nov. 20
5:30 to 7:00 p.m.
Little Woodrow’s
520 W. 6th St.
New Lawyer Orientation
Monday, Dec. 8
9:00 a.m. to 1:00 p.m.
816 Congress Ave. Ste. 700
Free for members,
$60 for Nonmembers
Holiday Baskets/Reindeer
Games
Sunday, Dec. 14
1:00 p.m.
Parque Zaragoza
2608 Gonzales St.
Please contact
Debbie@austinbar.org
to volunteer.
Visit ayla.org for full details
on all upcoming AYLA events.
November 2014 Austin Lawyer
19
Solos Supporting Solos First Meeting A Success
From Start-ups to Cornerstone Practices, Solos Share Ideas and Resources
S
olo practitioners have a
new resource in Austin:
Solos Supporting Solos.
The new group recently held its
first meeting. Attendees boasted a
wide variety of experience — from
one week to 23 years as a solo
practitioner.
Brenda Collier, experienced
solo attorney and former chair of
the Solo and Small Firm Section of
the Austin Bar Association, was glad
she attended the meeting.
“I am excited about this new
resource for solos,” said Collier. “I
think it is a good adjunct to existing
SSF section programs, and I hope to
see other solos at future meetings.”
Each meeting includes introductions and time to meet and discuss
issues affecting their practice. Meetings are on the third Thursday of the
month.
The next meeting is:
Date: Thursday, Nov. 20
Time: 7:30 to 8:30 a.m.
Location: Café Express, 34th and North Lamar.
Speaker: Kevin Mutscher, immediate past chair of the
General Practice, Solo, and Small Firm Section of the
State Bar of Texas
No RSVP is required. For more information, contact Joe
Gagen at joe@austinwillattorney.com. • AL
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20
Austin Lawyer November 2014
continued on page 18
upcoming
events
November December
10
Free Legal Advice Clinic for Veterans
The Austin Bar Association offers free legal advice
to military veterans and their families on a monthly
basis at the Austin VA Outpatient Clinic.
1
Time: 1:30 to 4:00 p.m.
Location: Austin VA Outpatient Clinic,
7901 Metropolis Drive
If you would like to volunteer at the November
clinic, please contact Julie Wheeler at
Julie@austinbar.org.
14
18
Ultimate Trial Notebook Seminar
Time: 8:30 am to 5:00 pm
Location: Vinson & Elkins, 2801 Via Fortuna, Austin.
RSVP to Josephine Brent at
jbrent@richardsonburgess.com
Only a few spots left!
Time: 12:00 to 1:00 p.m.
Location: Austin Bar Association,
816 Congress Ave., Suite 700
For more information, contact Cameron Vann at
cameron.vann@texasbar.com or call Texas Lawyers
Assistance Program at 800-343-8527.
5
Holiday Ethics CLE
Speakers:
Peter Vogel: Ethical Guidelines & Social Media
Jonathan Smaby: Attorney-Client Privilege
Judge Michael Keasler: Ethics Violations in Lower
Courts
Judge Amy Clark Meachum: The Civil Side — Ethics
Guidelines/Practice Pointers Before the Court and
Jury
For more information on topics and speakers,
visit austinbar.org
Time: 1:00 to 5:00 p.m.
Location: Austin Bar Association office,
816 Congress Ave., Suite 700
CLE: 3.75 hours ethics CLE
MetLife Lunch & Learn
Cost: Free; open to Austin Bar members only
RSVP to Marissa Lara-Arebalo
Topic: Maximize the Opportunity for Investment
Success
Speaker: Rodger Hoofnagle, CFS®
Sr. Regional Business Consultant at Curian Capital
Cost: Free for Austin Bar members
Peter Berardino: pberardino@metlife.com
Help your clients help themselves
Chris St. Clair, CPCC
St. Clair Coaching
Chris@StClairCoaching.com
www.StClairCoaching.com
512 329 8860 (O)
512 423 0402 (C)
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Leveraging proven techniques by best-selling author
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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.
LOU McCREARY
MEDIATION SERVICES
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Texas Board of Legal Specialization (1986)
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loumccreary@yahoo.com
November 2014 Austin Lawyer
21
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Downtown Attorney Office
Available on Congress
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office furnishing, highspeed internet, law library,
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Classified advertising is available in Austin Lawyer to offer an
economical advertising option and provides added resources
for our members and related professionals. Categories include
but aren’t limited to Office Space; Real Estate; Employment and
Services.
For Austin Lawyer classified advertisement pricing, reservation
deadlines, and placement details, please contact Chellie
Thompson at Monarch Media & Consulting, Inc., 512-2939277 or Chellie@monarchmediainc.com
The Austin Bar Association and/or Monarch Media reserve
the right to refuse advertisements not in accordance with the
advertising policies of Austin Lawyer.
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