austin lawyer Dec. 2015/Jan. 2016 Volume 24, Number 10 www.AustinBar.org
Features Austin Bar Foundation Gala Award Winners...... 1 There's No Place Like Home - Adoption Day..... 5 Thank you, Courthouse Campaign Contributors... 10 2016 Leadership Academy Applications Due.......14 Justice Mack Kidd Fund......................................16
Departments President’s Spotlight........................................... 4 Opening Statement.......................................... 13 3rd Court of Appeals Update........................... 15
Austin Bar Foundation Announces 2016 Gala Award Winners
O
n Jan. 30, 2016, the Austin Bar Foundation will present its 13th annual Gala, Fire and Ice, at the Four Seasons Hotel. The Gala raises funds for projects such as Austin Adoption Day, the Justice Mack Kidd Fund, and Volunteer Legal Services. In addition, this year’s Fund a Need recipients will be the Foundation’s legal assistance projects: the Free Legal Advice Clinic for Veterans, and the Austin Bar in Action Self Help Center Pro Se Litigant Program. The Gala also features the presentation of awards honoring Austin lawyers who have excelled in their profession and service to the community.
Briefs............................................................... 17 Entre Nous....................................................... 18 AYLA............................................................... 20 Upcoming Events............................................ 22 Classifieds /Ad Index........................................ 23
LIGHTING THE SPARK TO LEAD... HONORING THE VERY BEST IN AUSTIN'S LEGAL COMMUNITY KAREN R. JOHNSON DAVID A. SHEPPARD JUDGE ORLINDA NARANJO THOMAS L. AUSLEY JUDGE LORA J. LIVINGSTON
...PRESERVING THE COMMITMENT TO SERVE.
AUSTIN BAR FOUNDATION GALA
JANUARY 30, 2016 | FOUR SEASONS HOTEL continued on page 6
austin lawyer Austin Lawyer (ISSN #10710353) is published monthly, except for July/August and December/January, at the annual rate of $10 of the membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 816 Congress Ave., Suite 700, Austin, Texas 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 816 Congress Ave., Suite 700, Austin, Texas 78701. The views, opinions, and content expressed in this publication are those of the author(s) or advertiser(s) and do not necessarily reflect the views or opinions of the Austin Bar Association membership, Austin Bar Association Board of Directors, or Austin Bar Association staff. As a matter of policy, the Austin Bar Association does not endorse any products, services, or programs, and any advertisement in this publication should not be construed as such an endorsement. Contributions to Austin Lawyer are welcome, but the right is reserved to select and edit materials to be published. Please send all correspondence to the address listed below. For editorial guidelines, visit austinbar.org in the “About Us” tab. Austin Bar Association Judge Eric Shepperd.......... President Leslie Dippel.................... President-Elect Amy Welborn................... Secretary Adam Schramek............... Treasurer Judge Elisabeth Earle �������� Immediate Past President Austin Young Lawyers Association Chari Kelly....................... President Katie Fillmore................... President-Elect Jorge Padilla..................... Secretary Austin Kaplan................... Treasurer Amanda Arriaga............... 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 Published by Monarch Media & Consulting, Inc. Ph: 512.680.3989 | Fax: 866.328.7199 www.monarchmediainc.com Advertising inquiries call 512.293.9277.
November 2015 Austin Lawyer
3
President’s Spotlight Judge Eric Shepperd, County Court of Law #2
Small Things Can Make a Great Impact I remember hearing a quote once by Mother Teresa. She suggested if we cannot do great things, then we should do small things with love. Our lives are made up of small things. Every day in my courtroom I see people who are self-represented. These litigants can’t afford the services of an attorney, but they also can’t qualify for free legal aid. They are the working poor of Travis County. Most are just barely getting by but they, like everyone else, have family, or civil-law matters that need attention. Often, they don’t need much; it’s the small things that are so important to them. But they don’t know where to begin. They stumble into the Travis County Law Library and Self Help Center seeking guidance on such things as an uncontested divorce, obtaining an occupational driver’s license, or resolving a landlord/tenant issue. One conversation with an attorney can help guide them in the right direction. What form do they need? What do they do first? These are small things — but their impact is great. Sadly, the Self Help Center is understaffed and the uncontested self-represented docket is backlogged. In response, the Austin Bar has created Austin Bar in Action to do these small things for those who need great love. Won’t you join us? #austinbarinaction
AUSTIN BAR IN ACTION:
New Pro Bono Project Helps Working Poor
T
he Austin Bar Foundation has initiated a new program called Austin Bar in Action, which will assist pro se, or self-represented, litigants through the Travis County Law Library and Self Help Center, located in the Ned Granger Building at 314 W. 11th Street. Overall, civil filings in the Travis County Courthouse are down, but pro se and family-law filings are way up. Until recently, the Self-Help Center has provided optional resources for about 20 – 30 pro se litigants per day looking for help filling out forms and getting them ready to file. As of Nov. 1, 2015, it is no longer optional. All pro se litigants in the uncontested docket are required to go to the Self Help Center before they will be allowed in court. The Self Help Center is seeing a much higher demand for services now that the new judicial mandate is in effect. In response to this increased demand, the Austin Bar Foundation has established the Austin Bar in Action program, administered by attorney Doug Lawrence. Lawrence worked most recently at Volunteer Legal Services in Austin and has devoted his career to public service. Lawrence says, “The goal is for everything to be ready to go before someone walks into court. All the paperwork will have been reviewed several times and the judge will know everything is in order. It will provide a much better experience for everyone in the courthouse.” Volunteer attorneys will be in the Self Help Center, along with the reference attorneys, to answer questions and help fill out forms. They will also assist with such things as obtaining occupational driver’s licenses and name changes. Another volunteer attorney will be in the uncontested-docket courtroom to assist the pro se litigants through that process. Due to lack of space in the Heman Marion Sweatt Courthouse, the Law Library and Self Help Center are located across the street from the courthouse in the Ned
4
Austin Lawyer November 2015
Granger Building. According to Lawrence, many times people will leave the Self Help Center and won’t make it to the courthouse to follow through with the next steps, or they’ll get to the courthouse and be confused about where to go and what to do next. The first uncontested docket utilizing the assistance of Austin Bar in Action took place at 1:30 p.m. on Thursday, Oct. 29 at the Travis County Law Library and Self Help Center. The Honorable Lora Livingston, 261st Civil District Court Judge, presided. Lawrence is currently seeking attorney volunteers who can give even an hour of their time to help pro se litigants in the Self Help Center. Anyone interested in volunteering or learning more about Austin Bar in Action can contact him at 512.472.0279, x100. • AL
There’s No Place Like Home –
44 Children Find “Forever Homes” with 28 Families
F
rom brightly colored streamers and balloons, courtrooms stuffed with teddy bears, and a yellow brick road complete with Wizard of Oz characters, you’d hardly recognize the Gardner Betts Juvenile Justice Center. Once a year, the center is “magically” transformed into a “There’s No Place Like Home” party to celebrate the adoptions of dozens of children, all from backgrounds of abuse and neglect. “It really does look like Emerald City,” said Jenny Bunch, a clerk at Gardner Betts. “When you walk in, it takes your breath away and makes you emotional because you know something wonderful is coming from it.” The Nov. 5, 2015, event was no exception with 44 children adopted into 28 families. The families come from all backgrounds and walks of life — but they have one thing in common. They’re excited about the official start of their new “forever family.” One family got its unofficial start when two University of Texas students, who were nothing more than friends, began volunteering with Mission Possible and Big Brothers Big Sisters of Central Texas. Joanna and Josh Foster eventually started dating, got married, and moved to Houston. But they made sure to come back to Austin to visit the children from their volunteer programs, 16-year-old DaJuan and his 14-year-old sister, Alicia. One thing led to another, and now the couple, ages 27 and 28, have officially adopted the brother-sister duo. “We kind of credit these guys for getting us together,” said Joanna Foster, as she explained how they went on group outings with DaJuan and Alicia while she and Josh completed their college degrees. “It’s obviously hard being a parent. Joanna and I didn’t know what the hell we were doing when we brought them in two years ago,” laughed Josh Foster. But the two appear to be doing a great job. “I know I’m assisted in everything I do now, because I’m with them,” said DaJuan Foster. “They just took care of us. They gave us everything that we needed. They’ve spoiled us to death.” Other families shared in the excitement. With a t-shirt that says it all — “Adoption is Love” — 6-year-old Luzy was adopted into the Murray family.
“My dream is for a day when we no longer have 184 children waiting for a forever family in Travis County.” – JUDGE DARLENE BYRNE. “It’s all about Luzy!” said the proud mom, Tanisha Murray, as the family posed all pointing their fingers at the beaming, sweet girl. “My dream is for a day when we no longer have 184 children waiting for a forever family in Travis County,” said Judge Darlene Byrne. “Childhood is fleeting. Let’s not waste their time waiting for a family. Let’s help them and meet their needs immediately.” With her “magic” Adoption Day pen, and a special gavel strung with ribbons, Judge Byrne presided over several adoptions, giving brothers and sisters a chance to participate, by slamming the gavel down, as she proclaimed the “official” new additions to families. Adoption Day committee chair, Denise Hyde, has been working on the event since it began 14 years ago, putting in countless hours, and even expanding Adoption Day events to several nearby counties and cities.
Top left: The Foster family celebrating the adoptions of DaJuan (right) and Alicia (left).Top right: Timothy Coffelt holding his own adoption bracelet. Lower left: Sign of Celebration. Lower right: The Murray family with newest addition, Luzy.
Under Hyde’s direction, the event has brought out some of the best in the Austin community, including generous and loyal sponsor organization, Cook-Walden Funeral Homes and Cemeteries. “I am humbled to be a part of this day and do a small part to enrich the lives of those children when they enter their ‘forever’ homes,” said Cook-Walden manager, Timothy Coffelt. With an adoption story of his own, Coffelt took an immediate interest in Austin Adoption Day. He attends the event every year, even wearing his own adoption bracelet from 1980. Jewelry engraved with children’s new, adopted names is a big deal at adoption day events. This year, shiny silver heart and rectangular-shaped pendants were generously donated from Pagel and Sons Jewelers, Inc. in Killeen. “Even though they are not our community’s kids, they are our Texas kids, and we want to help,” said store owner, Kim Pagel. The Austin Bar would like to thank all of its top-level sponsor organizations, including: Cook-Walden Funeral Homes & Cemeteries, the Family Law Section of the Austin Bar Association, Law Office of Fred Helms, Pagel and Sons Jewelers, Amy’s Ice Creams, Austin Flower Company, Bikers Against Child Abuse, Joe Gagen & Joanne Hopkins, Kent Cummins, Liz Icenhauer-Ramirez, Marilyn Griggs, Matthew Chambers, Maudie’s Tex Mex, and StuffedSafari.com. The 2015 event also wouldn’t have been possible without help from six partner organizations: Texas Department of Family and Protective Services, Gardner-Betts Juvenile Justice Center, CASA of Travis County, Partnerships for Children, the Travis County Children’s Protective Services Board, and the Travis County Office of Child Representation. • AL November 2015 Austin Lawyer
5
Austin Bar Foundation Announces 2016 Gala Award Winners continued from cover The Foundation is pleased to announce this year’s awards and recipients:
DISTINGUISHED LAWYER AWARD The Distinguished Lawyer Award recognizes the dedication and hard work of two attorneys who have practiced law for 30 years or more and have significantly contributed to the legal profession and the greater community.
Johnson
Sheppard
AUSTIN LAWYERS DEDICATED TO SERVING OUR COMMUNITY
Karen R. Johnson An attorney, a former briefing attorney for the Texas Supreme Court, and the holder of the distinguished law graduate award of St. Mary’s University School of Law Alumni Association, Karen Johnson has been recognized for her management and leadership skills in several important fields. She is currently the CEO/President of KRJ Resources. She was elected the first woman president of the Travis County Bar Association and was elected to the State Bar Board of Directors, serving on the Executive Committee. She was also the first woman Executive Director of the State Bar of Texas. Johnson was a special assistant in the Texas Governor’s office and was Assistant Comptroller for Legal Services in the State Comptroller’s office for Bob Bullock. She is a former Texas Assistant Attorney General. She served as president of Entergy, Texas and just concluded her term with the Electric Power Research Institute’s Advisory Board headquartered in California. She is a former member of the Energy Future Holdings Advisory Board. She has served on the Governor’s Business Council. The State Bar has honored Johnson many times. She has also been recognized with the Distinguished Alumni award from the Fort Worth Independent School District. Johnson 6
Austin Lawyer November 2015
Naranjo
is the holder of the Outstanding Woman of the Year award from the Executive Woman in State Government and Volunteer Extraordinaire award from the Junior League of Austin. The Austin Business Journal honored her as a winner of the Profiles in Power Award. Johnson recently finished her term as Chair of the Texas Society of Association Executives. As of 2011 she was named the 12th President of The Austin Club, serving previously on the Executive Committee. She ended her term in 2015. She was Chief Executive of Power Across Texas and now serves on the board. In 2015, she was elected to the Texas State History Museum Foundation board. Currently she serves on a statewide board as Vice Chair of the Association of Women in Energy. Nationally, she serves on the Global Impact Board of Directors and is a past member of the CARE Board of Directors.
David A. Sheppard Since obtaining his law license in 1974, David Sheppard’s devotion to his profession and his community has led him to serve in multiple capacities for a variety of professional and com-
Ausley
munity service organizations, receiving multiple awards in recognition of his contributions. In keeping with these recognitions, he enjoys an impeccable reputation for integrity and ability with both prosecutors and the judiciary. He has been especially gratified by the freedom he has helped win for wrongfully convicted inmates, including non-DNA exoneration, through the Texas Center for Actual Innocence, which he helped found. He is board certified in Criminal Law by the Texas Board of Legal Specialization and is a fellow in the American College of Trial Lawyers. He is a founding member and former president of the Robert W. Calvert American Inn of Court, and a founding member of the Lloyd Lochridge American Inn of Court. He served as an adjunct professor of law at the University of Texas School of Law from 1985 – 2011. He has an extensive list of awards and accomplishments, receiving the first annual Outstanding Mentor of the Year Award from the Austin Young Lawyer’s Association and the Professionalism Award from the Texas Center for Legal Ethics and Austin Bar Association.
Livingston
He received the Distinguished Service Award from the Texas Center for the Judiciary He is a Founding Life Fellow of the Travis County Bar, a Life Fellow of the Austin Bar Foundation, and was the Professional Enhancement Committee Chair for the State Bar of Texas. A founding member and director of the Austin Criminal Defense Lawyer’s Association, he has also been the president of the Travis County Bar Association’s Criminal Law and Procedure Section. He has served as the chair of the Review Committee for the Capital Area Private Defender’s Service (CAPS) and as president of the Central Texas Chapter of the Federal Bar Association. He served on the Admissions Committee and as chairman of the Merit Selection Panel for Selection of Magistrate Judge for the U.S. District Court, Western District of Texas. He was director, associate director, and chairman of the Legislative Committee for the Texas Criminal Defense Lawyers Association.
DAVID H. WALTER COMMUNITY EXCELLENCE AWARD The David H. Walter Community Excellence Award is
presented to an attorney or judge who has recently made a significant impact in the community and, at the same time, raised the profile of the legal profession.
Judge Orlinda Naranjo Judge Orlinda Naranjo became Judge of Travis County Court at Law No. 2 in 1996, before being elected to the 419th District Court in 2006. Her vast professional and community involvement includes being appointed by the Texas Supreme Court to serve on the State Commission on Judicial Conduct and the Texas Judicial Council for which she has served on numerous committees and has chaired the Juvenile Justice Committee in 2012. She was appointed to serve as the Texas Judicial Liaison to the National Consortium on Racial and Ethnic Fairness in the Courts. She is a member of the State Bar of Texas’ Standing Committee on Jury Service. Elected District Director of the National Association of Women Judges in 2011, she coordinated the annual Color of Justice program in Texas and Oklahoma which educates high-school students about careers in law and encourages them to pursue such careers. Judge Naranjo has planned and presided over Dating Violence/DUI Mock Trials for over 500 students in nine Travis County schools since 2002. This program is now being implemented in Hays County. Through her involvement in the Robert Calvert Chapter of the American Inns of Court, she developed the awardwinning Mentoring A Student (MAS) program for students at Travis High School. She is co-chair of the annual Do The Write Thing anti-violence program which provides 7th and 8th grade students the opportunity to examine the effects of violence in their lives. As a board member of
Con Mi Madre, she works to increase the representation of Hispanic women in post-secondary education by providing comprehensive educational and social support services to 6th through 12th grade Hispanic girls and their mothers. She is also involved in the Teen-Parent Mentorship program of the Hispanic Women’s Network of Texas. She serves on Advisory Committees for the Mexic Arte Museum and the Junior League of Austin. She was recently named a Fab Five Honoree by the Seedling Foundation for her extraordinary work in making a difference in the lives of at-risk children in Central Texas.
of Matrimonial Lawyers. For the past twenty-five years, he has been named in The Best Lawyers in America, Family Law Section. Best Lawyers also selected him as 2009 Lawyer of the Year in Family Law-Austin. Since 2003, Texas Monthly Magazine has recognized Tom
as a Texas Super Lawyer. In 2008, he received the Distinguished Lawyer Award from the Austin Bar Association. He currently serves as the treasurer of the Family Law Council of the State Bar of Texas. Tom is a master litigator. In 2000, he chose to train in the
YOU’RE INVITED...
LARRY F. YORK MENTORING AWARD The Larry F. York Mentoring Award is given to a local lawyer or judge who has demonstrated exceptional skill and generosity in mentoring younger members of the bar. Nominees must have practiced at least ten years and have served as role models and counselors to other lawyers, distinguishing themselves as leaders of their profession while fully embracing life’s experiences.
Thomas L. Ausley Tom Ausley is the founding partner of Ausley, Algert, Robertson & Flores. He began practicing law in 1968 and was board certified in family law by the Texas Board of Legal Specialization in 1980. Ausley is highly respected by peers and judges alike and has the reputation of having unwavering integrity. In 2013, he was bestowed the prestigious Sam Emison Award by the Texas Academy of Family Law Specialists (TAFLS) in recognition of his significant contributions to the practice of family law. He is a Fellow in the American Academy of Matrimonial Lawyers and a Fellow in the International Academy
which are you? AUSTIN BAR FOUNDATION GALA JANUARY 30, 2016 | FOUR SEASONS HOTEL TICKETS AVAILABLE AT AUSTINBAR.ORG 6:30 pm Silent Auction /Cocktail Reception 8:00 pm Seated Dinner/Live Auction Dancing/Casino Games to follow Benefitting the Austin Bar Foundation’s many charitable & partner programs
November 2015 Austin Lawyer
7
collaborative-law process as well, to provide another option to his clients to resolve their disputes. Tom’s decades in the practice of family law as well as his practical life experience enable him to help his clients navigate their legal disputes without destroying relationships with children and others.
JOSEPH C. PARKER JR. DIVERSITY AWARD This inaugural award is named in honor of Joseph C. Parker Jr., the first African-American president of the Austin Bar. Blazing the trail for minority lawyers who followed in his footsteps, Parker has spent
his life and work championing the equal, ethical, and fair treatment of all people, and raising awareness of the need to diversify our community. This award honors a firm or an individual who has led the way in bringing diversity to Austin’s legal community and who exemplifies all that Parker stands for.
Judge Lora J. Livingston Judge Lora Livingston was sworn in as an Associate Judge for the District Courts of Travis County in 1995 and was sworn in as Judge of the 261st District Court in 1999. She is the first African-American woman to
serve on a district court in Travis County. She currently serves as the Local Administrative Judge for the Travis County Courts. Judge Livingston has served on numerous boards including the Texas Equal Access to Justice Foundation, Texas Access to Justice Commission, the National Center on Women and Family Law, the Judicial Section of the State Bar of Texas, and the Texas Center for the Judiciary. She is a member of the National Bar Association, the American Bar Association (ABA), and the National Association of Women Judges. She has served as a delegate to the House of Delegates of the
Looking for the perfect holiday gift?
To obtain your copy visit www.amazon.com.
8
Austin Lawyer November 2015
ABA representing the State Bar of Texas and the Travis County Bar Association. She has served as chair on numerous ABA committees and is a member of the Standing Committee on Pro Bono and Public Service and the ABA Judicial Division. She is a Texas Delegate to the ABA Judicial Division National Conference of State Trial Judges. She has also served on a number of committees in various state and local bar associations, including the Austin Bar Association where she has been instrumental in the growth and development of the Diversity Fellowship Program, the Austin Black Lawyers Association, and the Travis County Women Lawyers Association. A proponent of pro bono activities, she is a passionate supporter of access to justice initiatives on the local, state, and national level. She has served on the Board of Volunteer Legal Services and was the 2015 Chair of And Justice for All: An ABA Day of Service, a National Pro Bono Celebration. She was instrumental in the establishment of the Travis County Self Help Center for self-represented litigants, and she led the effort to adopt a language-access plan in the Civil Courts. She has received numerous awards including the Outstanding Attorney Award from the Travis County Women Lawyers Association, the Texas Access to Justice Commission Pro Bono Champion Award, and the Texas Equal Access to Justice Foundation Harold F. Kleinman Award. She was also a two-time recipient of the Texas Center for the Judiciary Exemplary Judicial Faculty Award. She was awarded the Nancy Garms Memorial Award by the Law Focused Education Division of the State Bar of Texas. She received the Lotus Award from the Asian Family Support Services of Austin in recognition of her work ensuring access to justice for victims of domestic violence, and the National Center for State Courts Distinguished Service Award. • AL
2015 has been a record year for Loewy Law, both personally and for our clients. Thank you for your support and have a great holiday season! - Adam Loewy
Thank You to Courthouse Campaign Contributors & Supporters
O
n Nov. 3, 2015, Travis County voters narrowly rejected the $287 million bond to build a new Civil and Family Courts Complex. With 73,180 votes cast, 51 percent were against and 49 percent were for the bond. Austin Bar President, Judge Eric Shepperd, reminded those gathered to watch the election returns of words spoken by Theodore Roosevelt, “It is not the critic who counts; …. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, … who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly.” Shepperd continued, “We celebrate those who have dared greatly and who have worked so hard on this campaign. This has truly been a team effort. First and foremost, I must thank our County Commissioners, in particular Judge Sarah Eckhardt, Gerald Daughtery, and Bridget Shea. They took this on after only two months in office and have given it tremendous effort. No one has worked harder or deserves more praise than Belinda Powell, Travis County Strategic Planning Manager, and Matias Segura of AECOM. Judges Lora Livingston and John Dietz have worked tirelessly for years to bring a new courthouse to Travis County, as have Martha Dickie, Becky Beaver, Mary Dietz, and DeLaine Ward. I’d also like to thank the PAC, led by directors Shannon Ratliff, Mike McKetta, and Steve McConnico, along with president Janet McCullar and secretary Ryan Botkin. To the law firms who supported us, and the community groups who endorsed us; to the many lawyers and others who have spent YEARS trying to convince people that the Heman Marion Sweatt Courthouse needed to be replaced, I thank you. Genevieve Van Cleve and Tyler Buckingham have led an incredible campaign with an amazing team who have worked tirelessly in the field going door to door, putting up signs, making phone calls — you name it — they did it. To all of you — thank you for your time, your support, your generosity and your commitment.” The Austin Bar Association and the Community for Civil and Family Courthouse PAC wishes to thank the following firms and individuals for their generous financial support:
Top: (from left) Ryan Botkin, Amy Welborn, Judge Elisabeth Earle and David Courreges at the election watching party. Bottom: Retired Judge John Dietz, DeLaine Ward, Velva Price, Judge Andy Hathcock, Valinda Bolton and others await the election results.
Andrews & Kurth Texas PAC
Slack & Davis
Hunton & Williams
Hanna & Plaut
Clint Parsley
Law Office of Janet McCullar
Travis County Family Law Advocates
K&L Gates
Kelly, Hart & Hallman
Richardson + Burgess
Kurt Kuhn
Pierce Goodwin Alexander & Linville, Inc.
Civil Litigation Section of the Austin Bar
Geoff Weisbart
Construction Law Section of the Austin Bar
Munsch Hardt Kopf & Harr
Beverly Reeves
Becky Beaver
Richards, Rodriguez & Skeith
Stinson & Moyle
Cokinos, Bosien & Young
Howry, Breen & Herman
Almanza Blackburn & Dickie
Thompson & Knight
Graves Dougherty Hearon & Moody
Pillsbury Law
Armbrust & Brown
Wilson Sonsini Goodrich & Rosati
Taube Summers Harrison Taylor Meinzer Brown
Thompson Coe Cousins & Irons
Ausley, Algert, Robertson & Flores
McKool Smith
Weisbart Springer Hayes
Beck Redden
Corporation & Taxation Section of the Austin Bar
Midwest Region Laborers' Political League
Estate Planning and Probate Law Section of the Austin Bar
Buchanan DiMasi Dancy & Grabouski
Administrative Law Section of the Austin Bar
Anne Wynne
Norton Rose Fulbright
Labor & Employment Law Section of the Austin Bar
Business, Corporation & Taxation section of the Austin Bar
Oil Gas & Mineral Section of the Austin Bar
Karen Wang
Solo/Small Firm Section of the Austin Bar
Byrd Davis Furman & Alden
Karen Bartoletti
Judge Amy Clark Meachum
Ashley Callahan
Eric Galton
David Courreges
Bracewell & Guiliani
Scott Douglass & McConnico Vinson & Elkins Texas PAC Winstead PC
Lee Vanderburg Vaughn Construction Keith Maples Becky Bender
Alexander Dubose Jefferson Townsend
Baker Botts
Fritz, Byrne, Head & Fitzpatrick
Cantilo & Bennett
Capital Area Trial Lawyers
Gerald Daugherty
Hawkins Parnell Thackston & Young
Family Law Section of the Austin Bar
Duggins Wren Mann & Romero
Chamberlain McHaney
Carly Gallagher Murray
Law Offices of William D. Powers
Gardere Wynne Sewell
Barrett Coble and Andrae
Austin Criminal Defense Lawyers Association
Marcy Greer
Susan Longley
George, Brothers, Kincaid & Horton
Davis & Wright
IBEW Local 520
Josie Margaglione
Husch Blackwell
Lawyer Referral Service of Central Texas
Dykema Cox Smith
Adam Kohler
DeShazo & Nesbitt
Jackson Walker
Ratliff Law Firm
Environmental Law Section of the Austin Bar
Locke Lord
DeLaine Ward
McGinnis Lochridge & Kilgore
Friday Milner Lambert Turner
James Evans
Steve McConnico
Catherine Mauzy
10
Austin Lawyer November 2015
Eric Galton
David Moore
Ben Cunningham
Greg Bourgeois
Fred Hawkins
THE LITIGATION, CO-COUNSEL TRIAL TEAM FOR SOLO AND SMALL FIRM PRACTITIONERS
Negotiate With Confidence -Our Trial Team Has Your Back
Mandy Dealey
Larry Hurlbert
Andrew Vickers
Nikki Maples
Mimi Mazzuni
Eby Law Firm
Jason Idell
Amy Warr
Cristi M Trusler
Laura Merritt
Rick and Maggie Freeman
Judge Scott Jenkins
Rudy Garza
Thomas Tynes
W Alex Moore
Gregory Hitt
JQ+TSEN LLC
Thomas Anson
Kevin Weber
James Norman
Alex Knapp
Kellie M Bailey
Catherine Baron
James Nortey
John and Jan Breland Lipscombe
Kahickman Architects and Interior Designers
Kendall Bryant
Kristiana Butler
Jorge Padilla
Lance Sharp
Frank King
Kelly Capps
Lance Cawthon
Stephanie Perkins
Robin Thigpin
Ray Langenberg
Daniel Collins
Sam Colletti
Barb Rowan
Sarah Whyte Ermis
Judge Lora Livingston
Sara Foskitt
Beryl Crowley
Cindy Saiter
Art + Artisans Consulting, Inc.
Millunzi and Associates, Inc.
Lindsey Gill
Lisa Danley Herring
Ryan Shelton
Rudy Colmenero
Protection Engineering Consultants
Carrie Helmcamp
Judge Sarah Eckhardt
Judge Tim Sulak
Judge Karin Crump
Amie Rodnick
Guy Hohmann
Caitlin Haney
Amanda Taylor
Encotech Engineering Consultants, Inc.
Smith Seckman Reid, Inc.
Nicholas Hudson
Drew Harris
Ashley Thomas
Jan Soifer
Jack Evans & Assoc. Inc.
Britney Harrison
Judge Todd T Wong
ERO International
Fred Halden Tally
Michelle Kostun
Dustin Howell
FocusEGD L
The Bommarito Group, Inc.
David Lawrence
Lacy L Leonard Weige
Radney Wood •
Garza Bury
Judge Gisela Triana
AL
November 2015 Austin Lawyer
11
Thorough and Supportable Business Valuations Since 1996 Edward C. Fowler, CFA, ASA, MAFF edward@financial-valuations.com Tel: (512) 476-8866 www.financial-valuations.com
PATRICK KEEL M e d i a t o r • A r b i t ra t o r Fo r m e r D i st r i c t J u d ge
Maitreya Tomlinson
Brandy Wingate Voss
D. Todd Smith
Laura P. Haley
Smith Law Group was founded by appellate specialist D. Todd Smith, a member of the Austin Bar Association Board of Directors and a Life Fellow of the Austin Bar Foundation.
Handling Civil Appeals and Supporting Trial Counsel Statewide 512.439.3230 W W W. A P P E A L S P L U S .C O M 12
Austin Lawyer November 2015
office 512 476-5212
mobile 512 293-0300
www.patrickkeel.com
October 2015 Austin Lawyer
12
opening statement A Five-Pass Edit By Wayne Schiess & Elana Einhorn
Y
ou’ve finished a draft of a memo, motion, brief, letter, or opinion. Now what? You’re going to edit, and for editing, we have two recommendations. First, use a checklist. You’ll be less likely to forget things with a checklist — less likely to overlook mistakes. You can customize the checklist, too, with items you know are your weak points. Second, edit in multiple passes. Don’t ask your brain to catch everything on one pass; don’t even try to catch everything five times. The task load is too large. To avoid that, make at least five editing passes with each pass focused on a particular aspect of the text. Below we’ve combined a five-pass edit with a checklist for each pass.1
0. Run a spell check.
You might also run a grammar check, and if you do, you could check the boxes for “Show Readability Statistics” and some other of Microsoft Word’s grammar and style options.
1. Edit for large-scale organization.
Identify the document’s purpose and where you make that purpose clear. Be sure you have all the required parts. Review your headings and subheadings, ensuring that headings at the same level are formatted, numbered, and written consistently. Be sure your format and layout conform to local rules, supervisor expectations, or client requirements.
2. Edit for authority and citation.
Be sure you’ve supported every factual or evidentiary assertion with a citation to the record, docket, or evidence. Now check those citations for accuracy, and be sure they’re consistently formatted and contain pinpoints. Now — after making a decision about the importance of perfect Bluebook and Greenbook form — be sure all the legal citations contain pinpoints and are consistently formatted and bibliographically accurate. Check that every legal authority is current and binding or, if nonbinding, contains a concise statement of why it deserves weight.
3. Line edit for mechanics: grammar, punctuation, usage, and style.
Do this on a computer screen — a hard-copy pass is coming soon. Read the document carefully, focusing on grammatical matters such as verb agreement, verb tense, pronoun agreement, spelling, proper names, capitalization, that versus which, misplaced modifiers, and any other grammatical matter you know is a problem for you. Another measure you might take against errors relies on the search function: search for and verify the correctness of every apostrophe, every quotation mark, every colon, and every semicolon. You could do the same for commas, although that will be a big job.
4. Edit for small-scale organization.
Be sure the document and each section begin with the point (a summary, a conclusion, an overview, a roadmap). Be sure that in every
analysis or argument section, you begin by introducing the controlling legal standards. Be sure you accurately and succinctly describe any legal authority you plan to use — assessing whether you’ve over-used or under-used explanatory parentheticals. Be sure every analysis or argument section applies the legal authorities — considering them as a hostile reader would. Read the opening sentence of every paragraph, verifying that each contains a clear connection to the previous paragraph identifies the topic of the current paragraph. Check every numbered or bulleted list in the document for accuracy and consistency.
5. Print the document and edit the sentences.
Have a source to consult: a style reference for writing or legal writing. Now use any trick necessary to objectively edit your own writing: read it out loud, read it back to front, use a ruler to isolate each line, or put it aside for 24 hours or more. Consider sentence length — any sentence taking up three or more lines of text or that tires you out. Look for excessive prepositions, compound prepositions, redundancy, throat-clearers, misplaced modifiers, and nominalizations. Assess every passivevoice construction and, if appropriate, revise. (Microsoft Word’s grammar-checker is good at spotting passive-voice constructions.) Identify and justify every big word, hyper-formal word, and archaic word.
5a. Run a spell check.
Okay, so we’ve really got seven passes here if you count running a spell check twice. But can you really edit too much? The answer has to be no. • AL The authors are grateful to Austin lawyer Blair Dancy of Buchanan Dimasi Dancy & Grabouski LLP for sharing his own checklist, which is full of great ideas. 1
November 2015 Austin Lawyer
13
2016 Leadership Academy Applications Now Being Accepted
T
he goal of the Austin Bar Association Leadership Academy is to assist Austin-area lawyers in making a difference in our community and in service to the Bar. A class of approximately 30 members of the Austin Bar Association and AYLA will be selected from applications submitted by lawyers of all areas of practice, firm size, and levels of experience. The Academy will begin with a mandatory retreat on Jan. 15, 2016, followed by a series of six lunch presenta-
The inaugural Leadership Academy class at the Texas Supreme Court with Former Chief Justice Wallace Jefferson.
tions during which participants will network with, and enjoy lunch presentations by, lead-
ers in various areas of practice. The final meeting of the Academy will be an afternoon
Responsive. Experienced. Professional. Your Austin source for reliable U.S. and Global Immigration expertise. EMPLOYERS
INVESTORS & STARTUPS
INDIVIDUALS & FAMILIES
Foster delivers a full suite of immigration enterprise solutions customized to meet the needs of your organization.
We are experienced in resolving complex immigration problems while taking into account the realities of investors, start-ups and entrepreneurs.
At Foster, we’re proud of our long history of service and advocacy on behalf of individuals and families.
Request a consultation: +1 512.852.4142
www.fosterglobal.com
14
Austin Lawyer November 2015
Serving Austin since 1999. 912 S Capital of Texas Hwy, Suite 450 Austin, TX 78746
The Leadership Academy assists Austin-area lawyers in making a difference in our community and in service to the Bar. meeting on June 8, 2016. The course will culminate with the organization of a class project. The 2016 Leadership Class will meet from 11:45 a.m. to 1 p.m. on the following Wednesdays: Jan. 27; Feb. 10; March 9; April 13; and May 11. Some CLE credit is available and lunch will be provided. The program will conclude with a final afternoon meeting and happy hour beginning at 2 p.m. on June 8. Meeting locations will be provided to the selected members of the Academy. There is a $250 administrative/enrollment fee. This fee covers the retreat, all lunches, and materials. Payment must be made in full before the retreat on Jan. 15. Scholarships may be available to those who need assistance. Indicate your need when submitting your resume and letter of recommendation. The online application can be found at austinbar.org. Please contact Travis Plummer, Travis.e.Plummer@gmail.com, or Ryan Squires, rsquires@ scottdoug.com, for more information. • AL
3rd court of appeals update
T
he following are summaries of selected Third Court of Appeals’ civil opinions issued during October 2015. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of November 3, 2015. Trial procedure: Numerous contacts with state defeated special appearance. Industrial Prod. Formulators of America, Inc. v. Rockford Bus. Interiors, Inc., No. 03-1400493-CV (Tex. App.—Austin Oct. 14, 2015, no pet. h.) (mem. op.). Rockford sued Industrial, a California corporation, for a defective product that Rockford purchased. The trial court denied Industrial’s special appearance. Rockford presented evidence that Industrial had solicited its business for projects in Austin. After the initial purchase, Industrial made a series of contacts with Rockford in Texas, including Industrial’s CEO traveling to Austin to address the product’s problems and hiring three contractors to assist Rockford with the project. Industrial also had sales with 11 other Texas customers. The court of appeals concluded that Industrial had established minimum contacts when it purposefully availed itself to the privilege of conducting activities in Texas. The court further concluded that exercise of jurisdiction did not violate due-process guarantees. Landlord tenant: Court affirms damages awarded against landlord. Texan Pearl, LLC v. Koegel, No. 03-14-00556-CV (Tex. App.— Austin Oct. 14, 2015, no pet. h.) (mem. op.). Koegel signed a one-year lease on a Texan
Pearl apartment. During the lease, Koegel signed a lease on another apartment owned by the same company. Koegel paid rent through January on the Texan Pearl apartment and left some of her property in the apartment before moving out. When Koegel returned to retrieve her property before the end of January, Texan Pearl had destroyed it. Texan Pearl refused to return Koegel’s security deposit and sued her for breach of lease. The trial court found Texan Pearl withheld the security deposit in bad faith and awarded Koegel damages. According to the court of appeals, the retention of the security deposit violated Property Code 92.109 because Texan Pearl failed to provide a list of deductions beyond normal wear and tear. Further, Texan had no right to destroy Koegel’s property when she had paid rent. The court affirmed. Appellate procedure: Trial court has no jurisdiction to review an appellate court’s mandate. Beyer v. Beyer, No. 03-14-00178-CV (Tex. App.—Austin Oct. 22, 2015, no pet. h.) (mem. op.). Divorce decree awarded wife 34.5% of husband’s military retirement benefits. The court of appeals awarded wife 42%. Military office handling retirement benefits required a new trial court order to implement the appellate court mandate. At the hearing to obtain the new order, husband attempted to re-litigate the award. The trial court signed a new order. Husband appealed. The court of appeals noted that when an appellate court renders the judgment that the trial court should have, that judgment becomes the judgment of both courts. The trial court has a
mandatory, ministerial duty to enforce the new judgment. Accordingly, the trial court properly signed the order implementing the mandate; res judicata barred husband’s challenge to the mandate. The court affirmed. Administrative law: Grievance complainant not entitled to disciplinary counsel’s recommendations. Doe v. Board of Dirs. of the State Bar of Tex., No. 03-15-0007-CV (Tex. App.—Austin Oct. 27, 2015, no pet. h.) (mem. op.). Doe filed a grievance against an attorney. After investigation, Chief Disciplinary Counsel Acevedo placed the complaint on the summary disposition panel’s docket and the matter was dismissed. Acevedo denied Doe’s request for a copy of her recommendation to the panel based on the confidentiality provision in Rule 2.16. The trial court dismissed Doe’s lawsuit for lack of jurisdiction on immunity grounds. According to the court of appeals, Acevedo’s actions did not fall within the ultra vires exception to immunity. Rule 2.16’s plain language requires confidentiality of all disciplinary proceed-
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.
ings and records. That the rule does not expressly prohibit disclosure to complainants does not alter the rule’s prohibition on disclosure. The court affirmed. • AL
2016 CLE Mediator Trainings Training Texas Mediators Since 1986
40-Hour Basic Mediation
February, April, June, August, October
30-Hour Advanced Family Mediation - July www.AustinDRC.org
512-371-0033
Register Online with Check, MasterCard, or Visa
Dispute Resolution Center November 2015 Austin Lawyer
15
Justice Mack Kidd Fund
Navigating the Austin Bar's Mental Health Resources Help is available for those struggling to afford treatment for mental illness. No one should have to go it alone.
JUSTICE MACK KIDD FUND
WHO If you know a Central Texas lawyer who, as a result of depression or a related illness, is having difficulty affording treatment or medication.
WHAT Provides financial assistance for counseling and medical treatment on a short-term basis for Central Texas lawyers suffering from depression or a related illness.
civil discourse for a civil proceeding
jennifer johnson legal, PllC Jennifer Piskun Johnson Family Law
1717 West Sixth Street • Suite 315 • Austin, TX 78703 T 512.617.3958 • F 512.617.3959 jenniferjohnsonlegal.com
16
Austin Lawyer November 2015
You can be the Good Samaritan who helps a colleague avoid needless suffering. ALL CONTACTS ARE CONFIDENTIAL!
HOW Call DeLaine Ward at the Austin Bar, 512.472.0279.
SWS F�������� S�������, I��. 2905 S�� G������ S�., | S���� 210 | A�����, TX 78705
RESPECT IS THE NEW ACRIMONY.
WHY
WHEN Call today.
briefs New Members
Booth, Jones, Parsons, Schutz, and Smith
Carrie Nie, Real Estate Development and Investments Lucius Bunton, Mediations Kevin Mullen, Labor and Employment Law Lynn Rubinett, Alternative Dispute, Mediation, and Arbitration, Labor, and Education Disputes Kody Silva John Ferguson, Tax and Business Transactions Todd Wilson, Estate Planning and Gun Trusts Shannon Strong, Real Estate, Environmental and Family Law Emma Garrett, Family Law Claudia Russell Theda Strickler William Cochran, Appellate and Civil Litigation, Oil & Gas and Energy Litigation Santosh Aravind, Civil Litigation, Criminal Defense, Governmental Investigations Bill Medaille, Government & Municipal, and Utilities Law Manuel Quinto-Pozos, Employee, Union, Civil Rights and Public Interest Representation Erica Mirehouse, Restaurant, Real Estate and Business Law Susan Erickson, Health, Managed Care Law Courtney Mogonye, Real Estate, Oil and Gas Transactions, Corporate Transactions, Municipal Regulatory Law Adrian Resendez, Intellectual Property, Family Law, Immigration, Social Security Disability and Civil Litigation Andrew Maebius, Real Estate Law Melissa Donovan, Estate Planning Johnny Merritt Jesse Butler, Civil Litigation Christina Pesoli, Family Law Jesse Weiss, Business/Shareholder Litigation Michael Vitris, Environmental Law
AWARDS/ELECTIONS The following attorneys from Ausley, Algert, Robertson and Flores were named 2015 Texas Super Lawyers: Thomas L. Ausley, Kristen Algert, Eric Robertson, Kelly Ausley-Flores, and JoAl Cannon Sheridan Toya Cirica Bell, Deputy Chief Ethics Officer for the Texas Health and Human Services Commission has been elected Treasurer of the Leadership Austin Board of Directors. Lakeside Mediation Center has announced that Lucius D. Bunton, attorney/mediator, and Lynn E. Rubinett, attorney/mediator/arbitrator have affiliated as ADR Professionals with Galton Cunningham, and Bourgeois, Lakeside Mediation Center. 3825 Lake Austin Blvd., Ste. 403, Austin, Texas 78703. Paul Parsons has been named a 2015 Texas Super Lawyer in the field of immigration law.
NEW TO THE OFFICE Graves, Dougherty, Hearon & Moody have announced Russell E. Booth, Doug E. Jones, Andrea E. Schutz, and Jennifer
L. Smith as new shareholders to the firm. Kemper C. Powell has joined the team at Streusand, Landon & Ozburn.
IN THE NEWS Governor Gregg Abbott has re-appointed T.J. Turner to the Real Estate Commission for a term set to expire on Jan. 31, 2021. The commission’s primary purpose is to protect the public in its dealings with real estate brokers and salespersons. 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. 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.
Judge Don Clemmer Appointed to 450th Judicial District Court Governor Greg Abbott appointed Don Clemmer of Austin as judge of the 450th Judicial District Court in Travis County for a term set to expire at the next general election in Nov. 2016. The appointment filled a vacancy created by HB 3153, which passed during the 83rd Legislative Session. Don Clemmer was deputy general counsel in the Office of the Governor. Previously, he served as deputy attorney general for criminal justice in the Texas Attorney General’s Office and an assistant district attorney in Harris County. He is a member of the State Bar of Texas. Clemmer received a Bachelor of Science from The University of Texas at Austin and a Juris Doctor from the University of Houston School of Law.
Help protect your income with disability insurance. You look out for your clients’ best interests. But when it comes to your financial well-being, who’s looking out for you? Disability insurance from MetLife can help you continue to pay bills should you lose the ability to work. Because if you’re sick or injured, we want you to concentrate on getting better and getting back to your practice. Contact your MetLife representative today to see what you can do with MetLife. Peter Berardino Financial Services Representative Capital Strategies of MetLife 6300 Bee Cave Rd Bldg 2, Suite 400 Austin TX 78746 (512) 482-9026 pberardino@csomtx.com Disability insurance is issued by Metropolitan Life Insurance Company on IDI2000-P/NC, IDI2000-P/NC-ML, IDI2000P/GR, AH 5-88, AH 7-96-CA, AH 8-96-CA and IDIP12-01-IDIP12-08. Like most disability insurance policies, MetLife’s policies contain certain exclusions, waiting periods, reductions, limitations and terms for keeping them in force. Ask your representative about costs and complete details. All policies, riders and provisions may not be available in all states, at all issue ages and to all occupational classes. Ask your representative for complete details. Eligibility is subject to underwriting approval. For policies issued in New York: These policies provide disability insurance only. They do NOT provide basic hospital, basic medical or major medical insurance as defined by the New York State Department of Financial Services. The expected benefit ratio for these polices is at least 50%. This ratio is the portion of future premiums that MetLife expects to return as benefits when averaged over all people with the applicable policy. © 2014 Metropolitan Life Insurance Company, 200 Park Avenue, New York, NY 10166. CLDI24271 L0814388604[1016][All States][DC,PR] 1409-2256 -Not FDIC-Insured -Not Insured By Any Federal Government Agency -Not Guaranteed by Any Bank or Credit Union
November 2015 Austin Lawyer
17
entre nous An Austin Lawyer’s Personal Journal By Claude Ducloux 6:30 a.m. I text my children to see if they’re up. Today is school photo day, so I’ve laid out Morgan’s Calvin Klein blouse and Travis’ Ralph Lauren polo. No Under-Armour T-shirts today. Receiving no response, I have to trudge upstairs and make sure they’re up. 6:45 a.m. My legal assistant texts me that she’s stuck in traffic on I-35. What else is new? I warned her not to move to New Braunfels just to find a house she can afford. Who listens? 7:00 a.m. I tell the kids to stop looking at their cell phones and eat their steel-cut oats and flaxseed, and take their antioxidants. I pay good money to have these things prepared, after all. I tell them to be ready to go, and stop texting their friends. I am ignored. 7:30 a.m. The car pool arrives, and I ensure that they have their lunch debit cards and Morgan has her SAT prep materials for the after-school class. After all, she’ll be taking the SAT in only four more years.
6
:10 a.m. My morning is already off to a disappointing start. My De Longhi espresso machine is not frothing. I settle for an Americano, as I scan the depressing news on my iPad. At least the stock market’s up. I had hoped to meditate this morning, but I can’t remember the password to my mantra. My mind will just have to stay cluttered.
ROBERT M. CAIN, MD Board Certified Neurologist 42 Years in Austin
EXPERT WITNESS Fair. Dependable. Accurate.
neurologyaustin@juno.com (512) 458 - 8900 TRAUMATIC BRAIN INJURY & SPINE References Available Upon Request
18
Austin Lawyer November 2015
8:15 a.m. As usual, MoPac is a parking lot. The vaunted “fast lanes” are meaningless when everyone has a “Fastpass.” And two lanes are closed for Bus Lanes. C’mon people! I’ve gotta be in Judge Sparks’ court at 9 a.m. 8:45 a.m. I finally exit Mopac at 5th Street, heading east into town. Arghh! I forgot that three lanes will be blocked into downtown for the Portuguese Mayonnaise Festival. Last week, they were blocked for the Race Against Gluten, and last month for the Skinny Jeans March. Jeez. How easy is it to close
down lanes in Austin? I finally make it to the Federal Court at 9:01, park illegally because the City of Austin has dug up most of the streets yet again to retrofit water mains, and I dash to the courthouse, praying that Judge Sparks hasn’t started his docket yet. 9:02 a.m. I am in luck. Judge Sparks is just entering. Dang! My cell phone goes off. Judge Sparks apparently doesn’t like my ringtone: “Don’t Stop Believin’.” The marshal takes my phone. I retrieve it when I offer to have our AuPair feng shui their breakroom.
raise in my hourly rate to cover it). Frankly, I pity him having to drive back down 15th towards MoPac. It’s now after 4:30, and the city’s three-hour daily exodus of 150,000 citizens on five major roads has commenced. I’ve learned years ago not to leave before 7 p.m., when you finally can cruise home at a pleasant 12 miles per hour.
10:05 a.m. My short hearing is over, and I head up Lavaca the ten blocks to my office on 15th street. I arrive a short 20 minutes later, after having to detour over to Red River Street due to a Capital rally to promote Open Carry, and the ensuing shoot-out.
5:30 p.m. I meet with my running group at the trail. Our leader, Pablo, has us doing “core speed-work” tonight. This requires us to exchange iPod playlists while sprinting. Difficult, but better than our Thursday night “fartleks.” Our group is interrupted by Heidi, who has collapsed from over-pronation. Pablo offers orthotic inserts, but she waives them off.
12:00 noon. On my way to my noon CLE course I stop at my favorite food Trailer “Coche de Comidas Quemadas” for their famous Huevos Explosivos con cerebros de pollo. Sadly, they have no gluten-free tortillas. I can’t risk gluten and another high colonic. I move on to Starbucks.
6:45 p.m. Dinner. I’ve had “Food Food” deliver Crispy Tofu PeanutRice Stir. Kids completely unthrilled. Travis refuses to remove his earbuds. I am so angry, I may not make this month’s deposit in his §529 account. After I lecture the kids, I order pizza. Might as well wash it down with a nice Zinfandel.
12:14 p.m. CLE at the Austin Bar. I walk the eight blocks from the closest parking space to Congress Avenue. We are pleased to hear that following the monumental success of the statute requiring a civility oath, next session will include bills for additional oaths requiring lawyers not to steal from clients, murder people, or use the subjunctive. (Who would know?) Finally, meaningful reform.
8:30 p.m We pile in the SUV to go see the Trail of Lights. It’s one of the three events per year that Zilker Park is actually open to the public, especially since ACL has expanded to 22 weekends per year.
2:00 p.m. The Plaintiff’s deposition is canceled when he flew in, only leaving one hour to get 9.4 miles from the Airport to downtown Austin. The defense lawyers all agree to file motions for sanctions. That sort of negligence could only be intentional.
10:30 p.m. Kids in bed. I check my calendar for tomorrow. Good thing, too! I have a probate hearing at 8:45, and in the afternoon, I am scheduled to help with our church’s fellowship float in the gay pride parade (theme: “From Faith to Fabulous”). I’ll have to remember to buy more crepe paper. I turn out the light, grateful as always, to be part of a great profession, in a great place to live.
3:45 p.m. My 3:15 appointment finally arrives, after being stuck in a 30-minute traffic jam between MoPac and my office, which is over a mile. I agree to validate his parking (but he may see a
9:30 p.m. Return home early after an auxiliary cell phone tower installed at the Trail to handle all the extra iPhone traffic collapses on the Carousal of Progress, decapitating a Grinch along the way.
Keep the faith. • AL
TLIEnduring With over 35 years in the business, and our enduring commitment to exceptional coverage, 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 over $36,550,000 to our policyholders. See why our enduring commitment, exceptional coverage and remarkable staff make the difference.
512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG
Jett Hanna, Senior Vice President – Loss Prevention
@TLIE_
facebook.com/TLIE01
November 2015 Austin Lawyer
19
w w w. a y l a . o r g
AYLA President’s Column Chari L. Kelly, Office of the Travis County District Attorney
De-stressing the Season
T
he holidays can be both joyous and exhausting. With parties seemingly around every corner, a constant flow of errands, and the stress of both work and family, it can overwhelm the best of us. Here are some thoughts to get you through December and into a new year.
with your support staff. Part of inspiring others to follow you is to show that you value their contributions. What better way to show your appreciation than during the holiday season? It doesn’t have to be expensive or perfectly packaged, but remember to show an expression of your thanks to folks who support you all year round.
Simplify. Give yourself
Schedule some time to give back to our community. What better
permission not to have the “perfect” holiday. You don’t have to attend every holiday party complete with custom handmade snowflake cookies. If it brings you joy, then do it; otherwise, focus on the events and activities that will make you the happiest both professionally and personally. To quote your daughter’s favorite ice princess, “let it go.”
Take the time to thank the people who make you look good. This is not
the time of year to be Grinch-y
20
Austin Lawyer November 2015
way to warm your heart than to bring some joy to the children of Austin? On Sunday, Dec. 13, you will have that very opportunity at our annual “Reindeer Games” which benefits local families in need of some extra support at the holidays. The event combines a holiday fair for kids, complete with Santa, face painting, and holiday games, as well as holiday gifts and gift card packs for a perfect holiday meal.
Join AYLA on Sunday, Dec. 13, for our annual “Reindeer Games” which benefits local families in need of some extra support at the holidays. Volunteers are needed before, during, and after the event — everything from playing with the kids to wrapping presents with the families. And if you can’t give the gift of your time, we are always happy to take your donations. We will be collecting toy and monetary donations until Dec. 7. Please visit our website, alya.org, to make a donation. Don’t miss out. If you have been interested in getting involved with AYLA, but haven’t been able to find the right event yet, email me at chari@ayla.org. We have something for you. Happy Holidays! • AL
w w w. a y l a . o r g
Bar & Grill Episode XXIII: Bar Wars: The Farce Awakens By Amanda Arriaga Adam Schramek
and
O
n Friday, Oct. 16, AYLA presented the 23rd annual Bar & Grill show. The Farce Awakened as the Austin Young Lawyers Association presented “Bar Wars.” The audience learned not only of Princess Ayla’s struggles against Judge Hater, but also what the Empire would look like 30 years in the future. “Bar Wars” featured an array of popular, rap, and show tunes to tell the story of Duke Fast-Talker, Han Solo Practitioner and Obi Juan Quixote. Songs included “Bar Wars,” “EFiling,” “All About Your Case” and ended in a Riff Off.
Bar & Grill benefits AYLA’s nonprofit programs and contributions to the Austin community. The AYLA Foundation greatly appreciates all of the hard work the Bar & Grill cast put into the show, which benefits AYLA’s nonprofit programs and contributions to the Austin community. AYLA thanks the show’s sponsors and advertisers, without whom the fundraiser would not have been possible:
PRODUCER
UNDERWRITER
Sutherland Asbill & Brennan
SUPPORTER
Goldsmith, Bogisch & Chaires LawPay Noelke Maples St. Leger Bryant Rodman Law Office
PATRON
Barnett Capital Management BayneLaw Nadia & Chad Bettac Claude Ducloux Law Office of Kacy L. Dudley Friday Milner Lambert Turner Jackson Walker Jan Soifer for District Judge LGBT Bar Association
Special Thanks also to: AusTex Printing and Mailing Bar & Grill Singers & The Back Steps Bill Black Debbie Kelly Digital City Designs Emily’s Catering Pam Friday, Sarah Yurko and Hill Country Middle School Studio E • AL
Upcoming Events AYLA Holiday Party Sponsored by ESI Thursday, Dec. 10, 5:30 p.m. – 7 p.m. Mean Eyed Cat, 1621 W. 5th St.
AYLA Holiday Baskets/Reindeer Games Sunday, Dec. 13, 1 p.m. – 3 p.m. Parque Zaragoza, 2608 Gonzalez St. To donate and volunteer, visit ayla.org.
Day of Service Monday, Jan. 18 To volunteer, email debbie@austinbar.org
AYLA Docket Call Thursday, Jan. 21, 5:30 to 7 pm Location TBD
SEE THERE YOU
Norton Rose Fulbright
The cast and crew of AYLA's 2015 Bar & Grill show.
November 2015 Austin Lawyer
21
upcoming events
DECEMBER JANUARY 12
30
Animal Law Section Volunteer Event
Time: 8 – 11 a.m. Location: Austin Animal Center, 7201 Levander Loop, Bldg. A
Austin Bar Foundation Gala
Time: 6:30 – 11:30 p.m. Location: Four Seasons Hotel, 98 San Jacinto Blvd.
AUSTIN BAR
Fit Bar: Enchanted Rock Day
14
FOUNDATION GALA
Join the Fit Bar team for a day at Enchanted Rock Time: 9 a.m. Location: Meet at the Law Office of Nikki G. Maples, 1717 W. 6th St. to carpool
JANUARY 30, 2016
Free Legal Advice Clinic for Veterans
TICKETS AVAILABLE AT AUSTINBAR.ORG
FOUR SEASONS HOTEL Benefitting the Austin Bar Foundation’s many charitable & partner programs
6:30 pm Silent Auction /Cocktail Reception 8:00 pm Seated Dinner/Live Auction Dancing/Casino Games to follow
Time: 1:30 – 4 p.m. Location: VA Outpatient Clinic, 7901 Metropolis Dr.
Austin Bar Holiday Closures
The Austin Bar office will be closed for the holidays on Dec. 24 & 25 and Dec. 31 & Jan. 1. Merry Christmas and Happy New Year!
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.
Family Law Specialist Tim Whitten has practiced in family law since 1992. He has been certified *Kimberly A. Edgington as a Family Law Specialist by the Texas Board of Legal Specialization. kim@whitten-law.com
w ion
Creative Solutions to Family Law We help people resolve their family law issues in a way that protects their interests and preserves their family relationships. Most family law cases can be difficult both from an emotional and financial perspective. We believe in reducing the emotional and financial stress by offering our clients alternative options to resolve their disputes, such as collaborative law, mediation and limited scope representation. Our firm also believe that clients reach better results when they resolve disputes cooperatively. However, when that isn’t possible, we commit ourselves to the ethical resolution of adversarial litigation.
Child Support Wizard
Service Options for Varied Clientele We provide a variety of services to clients of all backgrounds. Two of our lawyers charge different hourly rates, accommodating people with differing financial needs. We also offer full scope and limited scope representation, so that our clients can choose the way they want to allocate their resources.
Adoption
Grandparent or Non-parent Rights
Collaborative Law
High-Asset Divorce
Modifications of Custody, Possession & Support
812 San Antonio Street, Suite 401, Austin, TX 78701
whitten-law.com | info@whitten-law.com | (512) 478-1011 22
Austin Lawyer November 2015
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 for lease in Westlake on Bee Cave Road near Mopac. Charming two-story Victorian house in an office park made up of Victorian houses. Six private offices,
large reception area and large conference room, kitchen, coffee bar, two bathrooms, extensive built-ins, and free parking. Please contact Paul Gamel at 512.461.4001 or paul@paulgamelassociates. com to schedule a visit. Office Space for Lease at 910 West Ave. Entire Floor or Individual Offices (total of 5,281 SF for lease). Renovations Underway—Ready for Move-in January 2016! Parking, Conference Room. $32-$47 SF. Contact Jason Reese 512.968.4005, reesejason35@gmail.com
Help your clients help themselves
WANTED Sell me your practice! Are you retiring within two years? I am looking to purchase a niche practice, reasonably “turnkey,” with established referral sources and/or effective targeted marketing. North or Central Austin required. Phone Anthony 203.241.4677 or send email to attorney.seeking. practice@gmail.com.
Classified advertising is available in Austin Lawyer to provide added resources for our members and related professionals. For Austin Lawyer classified advertisement pricing, reservation deadlines, and placement details, please contact Chellie Thompson at Monarch Media & Consulting, Inc., 512.293.9277 or Chellie@ monarchmediainc.com
Chris St. Clair, CPCC St. Clair Coaching
Chris@StClairCoaching.com www.StClairCoaching.com 512 329 8860 (O) 512 423 0402 (C)
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
Advertiser Index BUSINESS
PAGE NUMBER
Apple Leasing............................................20
Gerald Beckman, Author..........................8
Noelke Maples St. Leger Bryant, LLP.........18
Broadway Bank.........................................24
Jennifer Johnson Legal, PLLC....................16
Patrick Keel................................................12
The Burk Law Firm, P.C.............................12
Jim Kaighin, Jr., CFP..................................16
Robert M. Cain, MD, PA...........................18
Capital Strategies of MetLife......................17
Lakeside Mediation Center........................11
Smith Law Group......................................12
Child Support Wizard................................23
Law Office of Tim Whitten........................22
St. Clair Coaching.....................................23
David M. Gottfried – Mediator.................11
LawPay.......................................................2
Texas Lawyers Insurance Exchange...........19
Dispute Resolution...................................15
Lexis Nexis.................................................3
Thomas Esparza, Jr. PC.............................19
Financial Valuation Services......................12
Loewy Law Firm........................................9
Foster, LLP.................................................14
Moreland Properties..................................16
November 2015 Austin Lawyer
23
PERSONAL BANKING | BUSINESS BANKING | PRIVATE BANKING | COMMERCIAL REAL ESTATE | WEALTH MANAGEMENT
GOOD IS
a bank that works as fast as my business does.
An independent bank had “ the flexibility to move quickly
and make it easy.
Demetrius McDaniel Attorney–Greenberg Traurig Read Demetrius’ story at broadwaybank.com/stories
As a Private Banking customer, Broadway Bank is proud to serve Demetrius and his expanding financial needs and abilities. We’d be proud to serve yours as well.
Austin Regional Headquarters | 911 W. 38th Street, Suite 100 512.465.6550 | 800.531.7650 | broadwaybank.com | Member FDIC | gdfm
”