Austin Lawyer, April 2016 by Austin Bar Association

austinbar.org APRIL 2016 | VOLUME 25, NUMBER 3

Remembering a Promise: Texas Access to Justice Campaign ...With liberty and JUSTICE FOR ALL.

an you still recite the Pledge of Allegiance? It’s hard to forget those words, repeated so many times during our youth. But if you’re reading this, then you understand the depth of their meaning. “Justice for all” is a beautiful and uniquely American ideal, but when millions of Texans can’t afford access to justice, it’s also a reminder that we’ve got a lot of work to do. The Austin Bar Association has done its part in that struggle for more than a hundred years. You may have even donated time or money to improve the lives of your fellow Central Texans. Your support of the great work done by local legal aid organizations is vital to their success. We also urge you to contribute to the Justice for All Campaign, a statewide campaign created by the Texas Access to Justice Commission. Campaign funds go to organizations in your community and around the state that work tirelessly to ensure the voices of our most vulnerable

Texans are heard—like Mateo’s. At six years old, Mateo was separated from his parents and kidnapped by coyotes, human smugglers, who enslaved him for nine years. He was repeatedly beaten, tattooed as their property,

“Justice for all” is a beautiful and uniquely American ideal, but when millions of Texans can’t afford access to justice, it’s also a reminder that we’ve got a lot of work to do.

and slept wherever he could find a quiet place. When they started to train him to be a trafficker, he escaped their deadly grasp. Legal aid obtained a trafficking visa for him, and he was reunited with his family members in Mexico, who had never stopped searching for him. Your help—your donation—keeps the offices of these legal services open for business and preserves independence, hope, and dignity. Last year, with only eight percent of licensed Texas attorneys contributing, $1.16 million was raised. Imagine how many more people like Mateo could be helped if EVERY lawyer gave the suggested $150 contribution. If every lawyer gave $150, over $15 million would be raised! Honor the pledge by making the suggested $150 Access to Justice contribution online at texasatj. org, or on your annual State Bar dues statement. In addition, join our Champion of

Justice Society, created to recognize those individuals who wish to show their strong support of access to justice with gifts of $250 or more. Austin lawyers in the 2015 Champion of Justice Society are Justice Jeffrey Brown, John Fleming, Peggy Montgomery, Edith Schatelowitz Alcantar, and Carlos Zaffirini, Jr. Here are ways you can help: • make your Access to Justice contribution TODAY; • participate in the Firm Competition, April 11-22; • wear jeans on Justice for All Jeans Day, April 15; and • join the Champion of Justice Society to show your strong support of access to justice. For more information about the Justice for All Campaign or the Champion of Justice Society, visit texasatj.org or contact Catherine Galloway, development and communications manager, at 512.427.1892 or AUSTINLAWYER catherine.galloway@texasbar.com. AL AL

CONTENTS

AUSTINLAWYER APRIL 2016 | VOLUME 25, NUMBER 3 AL A L INSIDE FEATURED ARTICLES

DEPARTMENTS

CONNECTIONS

Remembering a Promise: Texas Access to Justice Campaign

President’s Spotlight

Lawyers for Literacy Celebrates Dr. Seuss Day

Opening Statement

ONLINE austinbar.org

Law Day 2016: Miranda—More than Words

Minority Bar Spotlight

Nominating Committee Announces 2016-17 Board Candidates

3 Court of Appeals Update

National Judicial College Hosts Reception and Presentation

Briefs

Austin’s First African-American Lawyer: John N. Johnson

AYLA

Two Austin American Inns of Court Receive Platinum Awards

Classifieds /Ad Index

ONLINE

NEWS & ANNOUNCEMENTS

EVENTS & MORE

Member Spotlight: Austin Kaplan

APR 13 Austin Bar/AYLA Board

Texas Board of Legal Specialization Inducts 41 Austin Attorneys and Paralegals The induction ceremony was held on March 11, 2016 at the Frank Erwin Center and was attended by more than 450 attorneys, paralegals and family member from across the state, as well as Supreme Court of Texas justices and partnering organizations.

Texas Teens Selected for Teen Ambassadors of Hope Campaign Twenty-three teens from across Texas have been selected for a statewide ambassadorship to promote healthy dating relationships and raise awareness about teen dating violence as part of Texas Advocacy Project’s 2nd annual Teen Ambassadors of Hope campaign.

MAIL Nancy Gray Managing Editor Austin Bar Association 816 Congress Ave., Suite 700 Austin, TX 78701-2665 SOCIAL LIKE facebook.com/austinbar

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The member spotlight is a recurring feature on the Austin Bar website. If you are a member and would like to be considered for a spotlight, or if you would like to nominate a member, contact Kelli Horan, kelli@austinbar.org.

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AUSTINLAWYER OFFICIAL PUBLICATION OF THE AL ALASSOCIATION AUSTIN BAR 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

EXECUTIVE OFFICES 816 Congress Ave., Suite 700 Austin, TX 78701-2665 E-mail: austinbar@austinbar.org Website: 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 Kelli Horan ................................. Editorial Assistant 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. Austin Lawyer is an award-winning newsletter published 10 times a year for members of the Austin Bar Association. Its focus is on Austin Bar activities, policies and decisions of the Austin Bar Board of Directors, legislation affecting Austin attorneys, and other issues impacting lawyers and the legal professionals. It also includes information on decisions from the Third Court of Appeals, CLE opportunities, members’ and committees’ accomplishments, and various community and association activities. 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.

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Lawyers for Literacy Celebrates Dr. Seuss Day A Community for Education Partners with Austin ISD and AmeriCorp Tutors

embers of the Lawyers for Literacy Program and A Community for Education (ACE) teamed up on Wednesday, March 2, to read with Austin Independent School District Title I students in honor of Dr. Seussâ&#x20AC;&#x2122;s birthday. The Austin Barâ&#x20AC;&#x2122;s Law-Related Education Committee, led by David Courreges, organized the

ACE paired highlytrained AmeriCorp tutors with approximately 60 attorneys from all over Austin to read alongside a child at a lowincome school.

ABOVE LEFT: (from left) Austin Bar Law-Related Education Committee chair, David Courreges, and AmeriCorp tutor, Luc Weatherby, with AISD student, Camilla; ABOVE RIGHT: (from right) Austin Bar member, Rudy Metayer, reading with AISD student and AmeriCorp tutor.

event. ACE paired highly-trained AmeriCorp tutors with approximately 60 attorneys from all over Austin to read alongside a child at a low-income school. The goal of

the event was to celebrate literacy and have the legal community engage with students under the guidance of ACE tutors. Many thanks to those who gave

their AUSTIN time to raise awareness for LAWYER AL AL childhood literacy.

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APRIL 2016 | AUSTINLAWYER

PRESIDENT’S SPOTLIGHT JUDGE ERIC SHEPPERD, COUNTY COURT OF LAW #2

Change Your Words, Change Your World who passes by drops coins in his tin can. The message is clear: Change your words, change your world. The idea for CASA (Court Appointed Special Advocates) came to Superior Court Judge David Soukup of Seattle, WA in 1976, when he realized that children needed the words changed on the signs they were bringing to his courtroom. Much like the blind man in the video, they weren’t being noticed or heard. They needed a voice, so CASA was born. CASA changes the words for kids. CASA changes their world.

I LOVE VIDEOS. No, I don’t watch them on the bench (seriously), but I recently saw a video on YouTube that made me stop and think about the power of words. The video is called It’s a Beautiful Day and I Can’t See It. Google it. It is the perfect illustration of how changing a few words can radically change a message and its effect upon the world. A blind man sits on a city street with a sign that says, “I’m blind. Please help.” The man sits, largely ignored, with his empty tin can beside him until a woman stops, turns the sign over, and writes “It’s a beautiful day and I can’t see it.” Suddenly, everyone

CASA: Giving a Voice to Abused and Neglected Children

ince its inception in 1976, CASA has grown to 955 CASA programs across the country and the US Virgin Islands. Created in 1985, CASA of Travis County is now one of the top ten CASA programs in the nation, supporting nearly 650 volunteers who advocate for more than 1,800 children a year. CASA of Travis County speaks up for children who’ve been abused or neglected by empowering our community to volunteer as advocates for them in the court system. When the state steps in to protect a child’s safety, a judge appoints a trained CASA volunteer to make independent and informed recommendations in the child’s best interest. Austin Bar member and 261st District Court Judge Darlene Byrne has long been a champion of children’s rights. She saw a gap in the Child Protective Service system where momentum was lost in cases resulting in children staying in the foster system longer than necessary. To help fill this gap, AJ Renold, Director of Family Engagement at CASA, developed the Early Family Engagement Program to bring CASA volunteers onto CPS cases at the exparte stage. This was an expansion of the already existing Family Finding Program that earned CASA of Travis County a Promising Practice Spotlight from the National CASA 2015 Awards of Excellence last summer. The Early Family Engagement Program dispatches one of CASA’s 30 specially trained volunteers at the beginning of every CPS case, allow-

AUSTINLAWYER | APRIL 2016

ing the CASA volunteer to conduct in-depth interviews with the children, caregivers, and parents in the 14 days prior to the initial hearing. The program began only eight months ago but has already proven to be extremely successful. Volunteers ask children about positive influences in their lives—relatives, teachers, parents of friends—anyone with whom they feel safe and where they would like to stay. Whether it’s going to be a permanent placement or not, children need to be connected to the things that were positive in their lives before they were removed from their homes. CASA volunteers visit these people, find out if they are willing to take the children, and do background checks. After this thorough vetting, the information is documented and turned over to CPS, the attorneys, and the court. As a result, all parties can enter into the first court hearing with enough knowledge to ask for placement changes if necessary, setting the case up for success from the beginning. In fact, many children are kept out of the foster system altogether due to CASA’s early involvement. The best possible outcome of these situations is to have the children remain in the home with the parents. Often, the CASA volunteer discovers the children are safe in the home. CASA is able to work with the parents early in the process and get them the help they need. The family is monitored and the children get to return to their school where they can receive court-ordered services. The CASA volunteer develops a rapport with

The Early Family Engagement Program... volunteers... conduct in-depth interviews with the children, caregivers, and parents in the 14 days prior to the initial hearing. The program began only eight months ago but has already proven to be extremely successful. the parents through the early interview process. Coming to the Travis County Courthouse can be an intimidating experience to children as well as parents. CASA volunteers talk to parents, not to give legal advice, but to explain what to expect and how the process works. The parents come to court feeling less defensive and angry. The feel like they have been heard. “I teach all my volunteers to treat the parents

with dignity,” said Renold. “Whatever they have been accused of doing, let them tell their story. The more you understand that, the better you’re able to advocate for the child and the family.” After the initial hearing, a regular CASA volunteer is assigned as the child’s guardian ad litum to see the child through the rest of the process. At this time, there are no other CASA programs in the coun-

try where CASA volunteers are appointed so early in the process. Texas CASA is currently piloting a program for two counties modeled after CASA of Travis County’s Early Family Engagement Program. After Renold did a presentation in June, 2015 on CASA of Travis County’s award-winning Family Finding Program at a national conference, other CASA programs around the country began working to establish similar

programs in which volunteers do in-depth data mining to find and engage family members of children already in foster care. The 30 Early Family Engagement volunteers are among CASA’s most experienced and highly trained volunteers. Regular CASA volunteers complete an interview, background checks, and a 39-hour intensive training program including in-person and online classes and courtroom ob-

servation. After being sworn-in by a judge, volunteers are appointed to a child or family of children and spend an average of 15-20 hours a month advocating for these children for at least a year. In addition to getting to know the children, a CASA volunteer also gathers information from the children’s families, teachers, doctors, caregivers, and anyone else involved in the children’s lives. CASA’s vision is to provide a

volunteer advocate for every child in need in our community. Last year, 700 children still needed a dedicated volunteer to speak up for them. If you would like to learn more about becoming a CASA volunteer and speak up for a child who has been abused or neglected, go to casatravis.org, or contact Volunteer Recruitment Manager, Cruz Corea, at 512.539.2657 or volunteer@ AUSTIN LAWYER casatravis.org. AL AL

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Law Day 2016: Miranda—More than Words

he Austin Bar Association will celebrate Law Day at the Law Day Reception and Annual Meeting on Tuesday, May 3, from 6 – 8 p.m. on the Terrace at 816 Congress. Student winners of the Law Day essay and poster contests will be recognized, along with the recipients of the Regina Rogoff and Professionalism awards. The gathering will serve as the Austin Bar’s annual meeting and will be the final opportunity for Austin Bar and AYLA members to vote for their organizations’ officers and board members. This year’s Law Day theme is Miranda—More than Words. In 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona. The Miranda warning, which was developed in response to this landmark ruling, apprises suspects being interrogated by police of their right to remain silent and their right to legal representation. This year’s theme provides an opportunity to explore our criminal justice system and the importance of procedural fairness and equal justice under the law. Law Day is an annual commemoration first held in 1957, when

In 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona. American Bar Association President Charles Rhynes envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official

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date for celebrating Law Day. The State Bar of Texas will hold a Law Day ceremony at the Texas Law Center on May 2, 2016 where winners of the statewide essay and poster AUSTIN LAWYER contests will be recognized. AL AL

MAY 3 AUSTIN BAR LAW DAY RECEPTION TERRACE AT 816 CONGRESS 15TH FLOOR 6 – 8 p.m.

Nominating Committee Announces 2016-17 Board Candidates

he Austin Bar Nominating Committee has announced the candidates selected for the 2016-2017 Board of Directors. The new board, along with incoming President, Assistant County Attorney Leslie Dippel, will take office on July 1, 2016. Current Board Secretary, Amy Welborn, is running unopposed for President-Elect, and current Treasurer, Adam Schramek, is running unopposed for Secretary.

Firm sections, and has co-chaired the Website and Membership Committees, among others. Smith is certified as a specialist in Civil Appellate Law by the Texas Board of Legal Specialization and has been named a Texas Super Lawyer in that field. He is a Life Fellow of the Austin Bar Foundation.

Julia Benkoski and Todd Smith are running for Treasurer:

DAVID COURREGES

JULIA BENKOSKI Benkoski is Chair of the Estate/ Probate section and served on that board for several terms. She served as past Chair of the Solo/Small Firm section for several years. She is Co-Chair of the Austin Bar’s CLE program and has served on that committee for ten years. She is on the board of the Lawyer Referral Service and is a participant in Lawyers for Literacy for the Austin Bar and A Community for Education. She is a member of, and a donor to, the Foundations of the Austin Bar, the State Bar of Texas, and the American Bar Association. A devoted community servant, Benkoski is a recipient of Rotary Club of Austin’s “Service Above Self” award. A member of St. Vincent de Paul, she’s given hundreds of hours to assist the working people in the community.

TODD SMITH Smith is the Founder and Managing Partner of Smith Law Group LLLP, a three-lawyer civil appellate boutique. He is a two-term director of the Austin Bar Association, has chaired the Civil Appellate Law and Solo/Small

The following candidates have been nominated for four two-year positions on the Board of Directors:

Courreges is the founder of Courreges, PC where he practices in the areas of government and legislative affairs, administrative, and association law. A current board member of the Austin Bar, past president of AYLA, and past vice president of TYLA, Courreges has been continuously active in Bar leadership and the Austin community. He has co-chaired the Austin Bar’s Legislative Affairs Committee for the past five years, is co-chairing the Law Focused Education Committee, and was the co-founder of the Austin Bar/AYLA Leadership Academy.

BLAIR DANCY Dancy is a partner at Buchanan DiMasi Dancy & Grabouski. He served on the board of directors for Texas Accountants and Lawyers for the Arts for ten years, including as president when he relocated the non-profit’s headquarters from Houston to Austin. Dancy’s recognitions include an AV rating (since 2013), “Super Lawyer” (since 2014), inclusion in The Best Lawyers in America for Commercial Litigation (2015), the Austin Creative Alliance Honors for invaluable contributions to the creative culture of Austin (2014),

co-chair of the Bench Bar Conference (multiple years), membership in the Texas Pro Bono College (multiple years), and Founding Fellow of the Austin Bar Foundation. Dancy’s stories have appeared in the Texas Bar Journal’s Short Story Contests.

CHARI KELLY A former Army JAG officer, Kelly currently works as an Assistant District Attorney in the 450th District Court of Travis County and as an adjunct professor of advocacy at UT Law School. Kelly is the President of the Austin Young Lawyer’s Association (AYLA) and has worked on many AYLA and Austin Bar projects over the years, including Holiday Baskets, Bar & Grill, and MLK Day of Service. She chairs AYLA’s spring fundraiser, Runway for Justice, and is a graduate of the Austin Bar/ AYLA Leadership Academy.

CINDY SAITER Saiter is an attorney at Scott, Douglass & McConnico, focusing on technology litigation, estate litigation, securities litigation, insurance litigation, and professional malpractice defense. She was President of Travis County Women Lawyers’ Association from 2011-2012. Saiter also was named a Super Lawyer in 2014 and 2015. She received the Kristi Couvillon Pro Bono Award in 2014. As part of the Austin Bar Association, Saiter served in the Civil Litigation section as Chair from 2009-2010, Treasurer from 2008-2009, Council Member from 2008-2010, and Director since 2012. She is a board member and current Chair of Travis County Women Lawyers’ Association. Saiter is also a Fellow of both the State Bar of Texas and

APR 13 AUSTIN BAR BOARD OF DIRECTORS ELECTION VOTING: APR 13 - MAY 3 EMAIL: Ballot Box PAPER: Austin Bar Offices

Travis County Women Lawyers’ Foundations. Any qualified member not receiving the nomination of the committee may be included on the ballot by submitting a written petition, signed by 75 members of the Austin Bar, requesting that such member’s name be placed on the list of candidates. Written petitions must be submitted to the Austin Bar office by Friday, April 8. Ballots will be emailed from Ballot Box on Wednesday, April 13. Please set your spam filter to allow emails from AustinBar@Ballotboxonline.com. If you prefer to vote in person, paper ballots will be available in the Austin Bar office. Voting will end on May 3 at the Law Day Reception and Annual Meeting to be held from 6 – 8LAWYER p.m. at the AUSTIN Terrace at 816 Congress. AL AL

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OPENING STATEMENT

Case Illustrations Part 1: Thesis Sentences A First Step in Building Your Case with Persuasive Legal Writing BY WAYNE SCHIESS, TEXAS LAW, LEGALWRITING.NET

his is the first of three columns on case illustrations. In persuasive legal writing, effective writers illustrate the cases they use. One technique is the explanatory parenthetical (Part 3). But if you plan to use the case for a key point or for an analogy or distinction, a concise yet thorough case illustration (Part 2) is better. It acquaints the reader with the case and sets up your point. And to create effective case illustrations, you need to write effective thesis sentences (Part 1). Imagine you’re an insurance defense lawyer writing about a workers’ compensation “course and scope” issue. The employee was injured during a recreational activity. To bring the claim within the course and scope of employment, the employee alleges that participation was required or that it benefited the employer. You’re opposing those arguments, and you have two case illustrations to present, one on each

the paragraph—for bibliographic details. Instead, you could write a topic sentence that encapsulates the key proposition you’ll be using from the case, then cite the case after that sentence. Think of the topic sentence as the pertinent holding of the case, phrased as a principle. Topic sentence: If the employer did not require participation in an injury-causing recreational activity, the employee’s internal sense of obligation does not bring the activity within the course and scope of employment for workers’ compensation purposes. Mersch v. Zurich Ins. Co., 781 S.W.2d 447, 450 (Tex. App.— Fort Worth 1989, writ denied). Topic sentence: When an injury-causing recreational activity benefits the employer only through employee morale, the activity is outside the course and scope of employment for workers’ compensation purposes. Burnett v. INA, 810 S.W.2d 833, 837-38 (Tex. App.—

To craft an effective thesis sentence, preserve the key content of the topic sentence but frame it favorably for your position. Do not merely describe. Assert. of those prongs. As a first principle, “avoid starting any paragraph with the classic prepositional ‘In’ phrase with the case citation serving as the object of the preposition.” C. Edward Good, Mightier Than the Sword 181 (1989). So don’t do the following: Not this: In Mersch v. Zurich Ins. Co., 781 S.W.2d 447 (Tex. App.— Fort Worth 1989, writ denied), an employee was injured … Not this: In Burnett v. INA, 810 S.W.2d 833 (Tex. App.—Fort Worth 1991, no writ), an employee was injured … Besides the awkward mid-sentence citational clutter, you’ve used valuable space—the first line of

Fort Worth 1991, no writ). Those topic sentences would work well for an objective analysis in a memo or in a letter or email to a client, but in a persuasive document, you should turn those topic sentences into thesis sentences. The topic sentence announces the topic; the thesis sentence asserts a point. To craft an effective thesis sentence, preserve the key content of the topic sentence but frame it favorably for your position. Do not merely describe. Assert. State a proposition the rest of the paragraph will prove. Use forceful, persuasive words and consider including the procedural setting.

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For example: Thesis sentence: An employee’s internal sense of obligation raises no fact issue on required participation; rather, only the employer’s actions in requiring participation can bring an activity within the course and scope of employment. Mersch v. Zurich Ins. Co., 781 S.W.2d 447, 450 (Tex. App.—Fort Worth 1989, writ denied). Thesis sentence: Mere improvements in employee morale, including a better working atmosphere and better employee relationships, fail to raise fact issues on whether the alleged benefit to the employer brings an activity within the course and scope of employment. Burnett v. INA, 810 S.W.2d 833, 837-38 (Tex. App.—Fort Worth 1991, no writ). Thesis sentences persuade, but they do more. Legal readers are

busy and are likely to skim—all the more likely if they’re reading on a screen. So give them a first sentence that advances your case and that encapsulates the point of the paragraph. Next month,LAWYER concise narration in AUSTIN case illustrations. AL AL

FEBRUARY 2016 | AUSTINLAWYER

National Judicial College Hosts Reception and Presentation Hon. Wallace Jefferson Received the Advancement of Justice Award and Guest Speaker John Muffler Presented Judicial Independence: Threats and Security Considerations

he National Judicial College (NJC) held a discussion on the importance of courtroom security and paid tribute to former Texas Supreme Court Chief Justice Wallace B. Jefferson for his commitment to the advancement of justice at a special event held on March 3, 2016 at Winstead PC. More than 80 lawyers and judges were in attendance. Guest speaker, John Muffler, a retired US Marshal and member of the NJC faculty, gave a presentation on Judicial Independence: Threats and Security Considerations. The subject of judicial security was very much on the minds of the attendees since Judge Julie Kocurek, presiding judge of the 390th District Court, had returned to her courtroom just days prior to the reception. Kocurek spent the past four months recovering from an attempt on her life that occurred in front of her Austin home in early November. Muffler discussed the lack of proper documentation and reporting of threats, which leave a greater potential risk to judicial safety, and indirectly, safety of the legal community and greater public. “Much of the threats, inappropriate communications, and contacts to judges are not documented by

management, and investigation of the reported incident? Judges need to fully understand the answers to these questions, as they are paramount to their survival.” The Advancement of Justice Award was given to Hon. Wallace B. Jefferson. The award is presented by the NJC to those who have demonstrated dedication to improving the skills of the judiciary in advancing justice. Current Texas Supreme Court Chief Justice Nathan Hecht assisted NJC President Chad Schmucker and NJC Board of Trustees President Matt Sweeney in presenting the award. “The National Judicial College is pleased to honor such an outstanding pillar of the legal community who has dedicated his career to advancing and accessing justice for all,” NJC President Chad Schmucker said. “The NJC applauds Justice Jefferson’s passion for improving the judiciary and looks forward to his future achievements.” Jefferson is currently a partner at Alexander Dubose Jefferson & Townsend. Prior to joining the firm, he served the Texas Supreme Court as its 26th Chief Justice. Appointed to the Texas Supreme Court in 2001 and named Chief Justice in 2004, Jefferson made Texas judicial history as the Court’s

Many of the threats and inappropriate communications made to judges are not properly documented by judicial security or law enforcement, thus leaving a greater potential risk to judicial safety, and indirectly, safety of the legal community and greater public. a judicial security or law enforcement element,” Muffler said in his discussion. “For those that are reported, questions should be asked by judges: how are they being triaged? By whom? Are even benign communications taken seriously? Who is responsible for the identification, assessment, mitigation, 12

AUSTINLAWYER | APRIL 2016

first African-American justice and chief justice. Under his leadership, the Court drastically reduced the number of cases carried over from one term to another and significantly increased the use of technology to improve efficiency, increase transparency, and decrease costs. He has recently been honored with

ABOVE: (from left) NJC President Hon. Chad Schmucker (ret.); David Johnson, Shareholder of Winstead; Hon. Wallace Jefferson; Hon. Nathan Hecht; and NJC Board Chairman Matt Sweeney. LEFT: Hon. Wallace Jefferson who was presented with the The Advancement of Justice Award by the NJC during the event.

the 2015 Anti-Defamation League Austin Jurisprudence Award, honoring an outstanding member of the legal community who exhibits a commitment to equality, justice, fairness, and community service. “The National Judicial College has improved the administration of justice throughout the nation,” Jefferson said. “As a proud beneficiary of NJC’s excellent instruction, I am thrilled to receive this award.” Winstead PC was the host and key sponsor of the event. Other sponsors included Whitehurst, Harkness, Brees, Chang, Alsaffar & Higginbotham; Baker, Donelson, Bearman, Caldwell & Berkowitz; and Craddock and Noelke. “It’s a privilege for Winstead to host The National Judicial College’s award presentation to Justice Wallace B. Jefferson,” said Winstead’s Austin Managing Shareholder Stewart Whitehead. “We are honored to support the historic collaboration between the NJC and the American Bar Association and offer our

congratulations to Justice Jefferson on his life-long commitment to the advancement of justice.” The NJC is housed on the historic 255-acre campus of the University of Nevada, Reno. For over 50 years, the NJC has been offering courses to improve judicial productivity, challenge current perceptions of justice, and inspire judges to achieve judicial excellence. The NJC is a Nevada not-for-profit 501(c)(3) educational entity affiliated with the American Bar Association, governed by an 18-member Board of Trustees. Please visit the NJC websiteLAWYER at AUSTIN judges.org for more information. AL AL

MINORITY BAR SPOTLIGHT

2nd Annual Diversity Bar Mixer APR 7 2ND ANNUAL DIVERSITY BAR MIXER TERRACE AT 816 CONGRESS 15TH FLOOR 6 – 8 p.m.

J OIN US for Austin’s 2nd Annual Diversity Bar Mixer. Last year, eight women and minority bar associations united for the first time ever under one roof. This year we will unite again, but under one sky, on the rooftop terrace at 816 Congress. For entertainment, singing group Law Cappella will perform an original legal parody song. We will be taking donations for our causes as well: VLS and American Gateways. The Austin Asian American Bar Association (AAABA) will match donations up to $500 for these causes. Sponsor pledges have grown to

(from left) Christine Henry Andresen, Elizabeth Brenner, Lauren Schoenbaum, Sade Ogunbode Pfeifer, Manuel Escobar, Ruth Soucy, Christine Hoang, Judge Aurora Martinez-Jones, Chad Anson, Judge Todd Wong Photo by: Jinny Suh

almost $2000 from Gold Sponsors ($500) Jackson Walker and AAABA; Silver Sponsors ($250) Judge Eric Shepperd and Judge Todd Wong; and Bronze Sponsors ($100) Gardere Wynne Sewell, Kim

Tindall & Associates, and the Law Office of Eleanor Ruffner. Join us for a dynamic evening of fellowship and philanthropy with members of Austin’s legal AUSTIN LAWYER AL AL community.

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Austin’s First African-American Lawyer: John N. Johnson A Writer, Teacher, and Civil Rights Advocate BY JOHN G. BROWNING

ong before Martin Luther King, Jr. preached, and before a young Thurgood Marshall litigated for civil rights, an African-American lawyer in Austin was railing against dismal educational opportunities, disparate treatment of incarcerated black men, and racial violence, and

newspaper accounts as “the colored lawyer at Austin,” John N. Johnson was something of an anomaly even among the few African-American lawyers practicing in Texas at the time, most of whom were usually located in rural areas. What do we know about Johnson? Little is known about his personal

Johnson was vocal about the inequalities facing African-Americans and how they contributed to other social ills... he urged the state legislature to... promote literacy efforts and educational opportunities for the black community, by “lending a hand in educating those who have not the means to educate themselves.” he backed up his words with the filing of civil rights lawsuits. But this legal trailblazer fought his battles, not in post-World War II America, but in 1880s Texas. His name was John N. Johnson, and he was the first African-American attorney in Austin as well as the first African-American admitted to practice before the Supreme Court of Texas. The rolls of the Court reveal his name on February 9, 1883, during a period in which most Texas lawyers did not seek admission to the Court unless they actually had a case pending before it. Referred to invariably in contemporary

AUSTINLAWYER | APRIL 2016

background or where he received his education. But thanks to the records of the Brazos County District Clerk, we do know that John N. Johnson applied for admission to practice law in September 1881 and April 1882. He was rejected both times by all-white committees before eventually gaining his license. We also know that Johnson had pursuits outside of the law. He was a schoolteacher in Calvert. He also published and wrote for one or more newspapers, and by February 1883, Johnson was involved with The Austin Citizen, a newspaper for the African-American community.

Johnson was also active in Republican politics, and by August 1884, he was presiding over the Colored Men’s State Convention in Houston, at which topics such as civil rights, sentencing disparities for white and black criminals, and lynchings were addressed. Johnson was vocal about the inequalities facing African-Americans and how they contributed to other social ills. In an 1880 editorial, he urged the state legislature to follow the example of other states and promote literacy efforts and educational opportunities for the black community by “lending a hand in educating those who have not the means to educate themselves.” In 1884, Johnson urged the passage of a civil rights law that would, among other things, protect the rights of blacks to serve on juries, noting

that African-Americans were rarely selected as jurors, even in counties where they made up half or more of the population. Johnson brought this same fervor to his legal work. In April 1883, Johnson wrote to the state attorney general to protest the shooting death of Sam White, an African-American convict sentenced to five years in the penitentiary by the Brazos County District Court. White was part of a prison detail working on the Burleson County plantation of H.K. White when he was killed by a guard. Johnson implored the attorney general to launch an investigation in the wake of the county attorney’s failure to do so, saying “I have seen colored convicts beaten to death, and colored citizens who witnessed the scene were afraid to testify from the fact that the guards

John N. Johnson could have led a life of obscurity... Instead, he chose to fight for justice at a time when justice was rarely to be had for African-Americans. are generally desperate men and are feared, and white citizens, not being much interested and are not often around, do not testify.” The attorney general responded by ordering the Burleson County attorney to investigate the shooting. In August 1883, Johnson made headlines by filing three civil rights lawsuits against the Houston and Texas Central Railroad Company for denying African-Americans accommodations equal to those for white passengers. Newspapers condemned Johnson’s legal maneuverings as just “stirring up trouble.” By late September 1883, Johnson had met in Houston with the railroad’s management and announced that he was dismissing the lawsuits, as well as discouraging “the bringing of similar suits on the part of our people.” Johnson pointed out that the Houston and Texas Central Railroad had promised to furnish “separate, exclusive, equal accommodations for colored patrons” within three months. He denied that his lawsuits were “brought to force social admixture,” noting that they were brought to achieve a “just verdict of public opinion and a lawful demand by lawful means.” Johnson continued to earn a living teaching school, practicing law, and writing for newspapers. By 1886, he had not only moved to Brazos County and the town of Bryan, but was also the Republican nominee for district attorney for that judicial district. He also continued his civil rights efforts. That year, in the aftermath of “the Brazoria troubles”—attempted forced evictions by whites of black settlers in Brazoria and Matagorda counties—Johnson wrote to the governor requesting that he appoint a commission to investigate. According to contemporary newspaper accounts, Governor Sul Ross directed the district judge for both counties, W.H. Burkhardt, to “form a constituent part to incite the officers and especially the grand juries” to use “every means in their powers to make such strenuous queries as shall lead to the arrest and conviction of all parties concerned in the late outbreak.” The governor’s

chose to fight for justice at a time when justice was rarely to be had for African-Americans.

(Go to austinbar.org to read an expanded of this article by AUSTINversion LAWYER Mr. Browning.) AL AL John G. Browning is a shareholder in Passman & Jones in Dallas, where he handles a wide variety of civil litigation in state and federal courts. He is a graduate of Rutgers University and the University of Texas School of Law. A noted legal historian and scholar, Mr. Browning is the author of several books and numerous articles. He serves as an adjunct professor at SMU Dedman School of Law, Texas Tech University School of Law, Texas A&M University School of Law, and is the Chair of the Texas Bar Journal Board of Editors.

letter emphasized that he was “most anxious for the protection of all classes of our citizens, no matter whether black or white, and that the hand of the law shall with unsparing vigor and with full measure exact justice on all wrongdoers.” John N. Johnson could have led a life of obscurity content with handling land conveyances and minor criminal matters. Instead, he

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3 RD COURT OF APPEALS UPDATE

The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2016. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of March 2, 2016.

Arbitration: Arbitration clause enforced against receiver for common-law claims. Rich v. Cantilo & Bennett, L.L.P., No. 03-15-00408-CV (Tex. App.—Austin Feb. 9, 2016, no pet. h.). Appointed receiver of insurance carrier sued Rich for common law and statutory claims based on Rich billing carrier for work performed for other clients. Rich invoked the arbitration provision in his engagement letter with carrier. The trial court denied the motion to compel arbitration. According to the court of appeals, the receiver was bound by the clause for any claims carrier could have brought. For statutory claims under the Insurance Code that belong to the receiver in a representative capacity, the receiver was not bound by the arbitration clause. The court reversed and rendered as to the common law claims and affirmed as to the statutory claims. Governmental immunity: Court dismisses premises-defect claim. The Univ. of Tex. v. Bellinghausen, No. 03-14-00749-CV (Tex. App.—Austin Feb. 3, 2016, no pet. h.) (mem. op.). Bellinghausen

tripped on a raised portion of a campus sidewalk and sued. The trial court denied UT’s plea to the jurisdiction. The court of appeals noted that as relevant here, to establish a waiver of immunity for a premises-defect claim, a plaintiff must show the landowner failed to use ordinary care to warn a licensee of a condition that presents an unreasonable risk of harm of which the landowner is actually aware. UT presented unrefuted evidence that it had received no prior reports of accidents where Bellinghausen fell and held no actual knowledge of a dangerous condition. Evidence that sidewalks are uneven all over campus is not actual knowledge that the sidewalk in question was unreasonably dangerous when Bellinghausen fell. According to the court, the possibility of a condition becoming dangerous does not constitute actual awareness. The court reversed and dismissed. Turnover statute: Court upholds appointment of a receiver to enforce a divorce decree. Blunck v. Blunck, No. 03-1500128-CV (Tex. App.—Austin Feb. 18, 2016, no pet. h.) (mem. op.). The trial court appointed a receiver under CPRC §31.002 to take possession of and sell husband’s nonexempt property when husband failed to pay money to wife awarded in a divorce decree. Husband contended that no evidence showed that he owned any nonexempt property. The court of appeals observed that §31.002(a) does not require the evidence to meet any particular level of specificity and does not

restrict the manner in which evidence is received. Wife presented the trial court with a certified copy of husband’s living trust and copies of bankruptcy court schedules to identify nonexempt assets. Once the judgment creditor traces assets to a judgment debtor, a presumption arises that the debtor has the assets. The burden then shifts to the debtor to account for those assets. The court rejected husband’s evidentiary challenges and affirmed. Workers’ compensation: Dismissing compensability claim mooted challenge to burden of proof. State Office of Risk Management v. Edwards, No. 03-1400012-CV (Tex. App.—Austin Feb. 19, 2016, no pet. h.) (mem. op.). The Division found that Edwards sustained a compensable injury from an allergic reaction to mold that prevented her from working. SORM sought judicial review, challenging compensability, disability, and raising a due-process challenge to the burden of proof. To avoid the mandatory venue provision, SORM dismissed its claims other than the due-process challenge to the burden of proof. The trial court denied the motion to transfer venue but ultimately affirmed the Division’s decision. The court of appeals concluded that SORM’s dismissal of compensability left no live controversy. The subsidiary issue of the burden of proof was thus moot. The court vacated and dismissed for AUSTIN LAWYER want of jurisdiction. AL AL

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BRIEFS

NEW MEMBERS The Austin Bar welcomes the following new members: Grace Barnett Patrick Dies Michael Heagerty Christina Heeth Stephanie Houle Fred Houston Jennifer Jackson Jae Hoon Kim Steven McCown Brittney Mollman Eric Nelson Leslie Padilla Marilyn Poole Daniel Roberts William Simmons Jennifer Smith Preston Stone Devin Vinson Matthew Wade

ABOVE: Ducloux, Kelly, McDowell, Mendiola III, Stinnett

AWARDS The Leadership Council on Legal Diversity (LCLD) has selected Lino Mendiola III for the 2016 Fellows Program. This program focuses on relationship building and leadership skills, offering Fellows the opportunity to learn from top leaders in the legal field.

NEW TO THE OFFICE CHA Law Group has hired Casey Kelly as a new Associate. Kelly’s focus is on divorce, child custody, and CPS matters.

Greenberg Traurig has hired Karen Kennard as a new shareholder in the government law and policy group in Austin. Kennard is a former Austin city attorney. Kelly Hart & Hallman announces David S. Morales as a partner. Morales was previously general counsel to former Gov. Rick Perry from 2011-2014 and general counsel to the University of Texas System Board of Regents.

MOVING ON UP

Jackson Walker announces the election of Cale McDowell and Sara Stinnett to the firm’s partnership. They will both focus on Corporate and Securities at the firm.

Management, Conflicts, Ethics, and a variety of other topics all around the county. The King Law Group relocated from its Dripping Springs office to a new, larger office space on Ranch Road 12 on March 1. Nashville-based Waller Lansden Dortch & Davis acquired Austin-based Taube Summer Harrison Taylor Meinzer Brown. All but partner Robert Summers (who retired) will move to the firm.

Claude Ducloux has announced his new position as the Director of Education, Ethics, and State Compliance for Affinipay – LawPay. He will continue to practice and serve clients, but he will also lecture on Law Office Practice

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

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AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA Board of Director Elections

he Austin Young Lawyers Association announces its candidates for the 2016-17 Board of Directors. Voting will be conducted in conjunction with the Austin Bar Association’s officer and board elections. Electronic ballots will be sent on Wednesday, April 13. Please set your spam filter to allow emails from AustinBar@Ballotboxonline. com. If you prefer to vote in person, paper ballots will be available in the Austin Bar office. Voting will end on May 3 at the Law Day Reception and Annual Meeting to be held from 6 – 8 p.m. at the Terrace at 816 Congress. The following candidates are running for the AYLA Officers and Board of Directors. The new Board will take office on July 1, 2016, along with Katie Fillmore, who will serve as AYLA’s president. The following are running unopposed for officer positions:

PRESIDENT-ELECT: AUSTIN KAPLAN Kaplan practices employment and civil rights law at Kaplan Law Firm. He is current AYLA Treasurer, AYLA Director since 2013, and in 2013–2014, he received the Outstanding Director Award. He is a Super Lawyer Rising Star, Texas Bar Foundation Fellow, 2016 Austin Under 40 legal finalist, and past Chairperson of the City’s Ethics Commission. Other AYLA involvement includes: Membership Chair (2013-2014); AYLA Retro Vegas fundraiser planning committee member (2013-2014); and Judicial Program Chair (2014-2016). The program won national recognition from the American Bar Association under his leadership.

TOP ROW: Austin Kaplan; Jorge Padilla; Drew Harris; Stacie Bennett; Andrew Cates; William “Cody” Faulk, III BOTTOM ROW: Franklin Hopkins; Tom Jacob; Rachael Jones; Erin Smith

programs for disadvantaged youth. Other AYLA involvement includes helping distribute gift baskets to families in need with Holiday Baskets (2015-16), and assisting with AYLA’s softball tournament.

SECRETARY: DREW HARRIS Harris has headed AYLA committees since 2012, beginning with the successful Retro Vegas Fundraiser committee, which he co-chaired for three years in a row. He is a graduate of the 2013 Austin Bar/ AYLA Leadership Academy class, and has served as an elected AYLA director since that time. He pledges to continue to serve the AYLA membership with enthusiasm. Other AYLA involvement includes: Attorney General Liaison to AYLA Board (2011-2013); Director (2013-2016); Bench Bar Committee Co-Chair (2014-2016); and volunteer for Women’s Resource Fair and Reindeer Games. The following candidates have been nominated for four two-year positions on the Board of Directors:

TREASURER: JORGE PADILLA

DIRECTORS: STACIE BENNETT

Padilla is partner with Jackson Walker’s litigation section. He has served as Secretary and Director for AYLA and has chaired the MLK Day of Service event from 2014-2016. He has also served as Secretary for the Austin Sunshine Camps, which provides after-school

Bennett is the General Counsel for the Texas Senate Natural Resources & Economic Development Committee. Previously, she litigated in the areas of product liability, commercial, and tax at law firms in New York and Texas. She currently holds leadership roles with Friends

AUSTINLAWYER | APRIL 2016

of the House and Mission Capital. Past AYLA involvement includes participating in many events and activities. She has had no committee involvement, but is eager to get involved.

ANDREW CATES Cates serves as General Counsel and Director of Government Affairs for the Texas Nurses Association, where he directs all legal affairs, policy development and political/lobby engagement for the organization. He is currently an Austin Young Chamber Foundation director. AYLA involvement includes being a member of the 2016 AYLA/Austin Bar Leadership Academy, and participating in pro bono disaster relief clinics (Bastrop wildfire).

WILLIAM “CODY” FAULK, III Faulk is a sixth generation attorney and an associate with Lloyd, Gosselink, Rochelle, and Townsend’s Energy and Utility Practice Group, focusing his practice on public utility regulatory and enforcement proceedings. AYLA involvement includes being an active member and currently serving on the CLE Committee.

FRANKLIN HOPKINS Hopkins is an associate at Germer PLLC and serves as a major in the Texas Army National Guard as a defense attorney. AYLA involvement includes: Director-at-Large (2015-2016); Docket Call Committee Co-Chair; CLE Committee

Co-Chair; and organizing the park group for the MLK Day of Service.

TOM JACOB Jacob represents military and veterans in personal injury lawsuits against the government at Whitehurst, Harkness, Brees, Cheng, Alsaffar, & Higginbotham. He is a member of the Calvert Inn of Court and a mock trial coach at the University of Texas. Past AYLA involvement includes serving as Judicial Programs Committee Co-Chair.

RACHAEL JONES Jones represents plaintiffs in personal injury and products liability litigation. She earned her J.D. from the University of Texas School of Law and an LL.M. from the University of Edinburgh. AYLA involvement includes serving on the Austin Bar Association’s CLE, Communications and Fitness committees. She is currently a member of the Austin Bar/AYLA’s Leadership Academy class.

ERIN SMITH Smith has worked as an attorney for Texas Legislative Council since graduating from the University of Texas School of Law in 2010. She is a member of the Barbara Jordan Inn of Court. Both a Longhorn and an Aggie, Smith mentors Texas A&M pre-law students. Past AYLA involvement includes completing the 2014 Austin Bar/AYLA Leadership Academy and serving as CLE ComAUSTIN LAWYER AL AL mittee Co-Chair (2014-2015).

AUSTIN YOUNG LAWYERS ASSOCIATION

Moms and Children in Jail Need Our Help Detained Asylum Seekers from Central American Countries Undergo “Credible Fear” Interviews BY KATE LINCOLN-GOLDFINCH

ight now, there are about 400 women and children detained in Karnes City, Texas. They are asylum seekers, fleeing violence in Central America. These women and children have no right to free legal representation and are required to go through a complicated and technical asylum screening process to determine whether they will be permitted to stay in the U.S. Many of them are failing their preliminary interviews and being deported. You do not have to speak Spanish or know immigration law to help them. In fact, you don’t even need to leave your office. If you have been seeking your next meaningful pro bono project, look no further. In the summer of 2014, the Department of Homeland Security began detaining women and children coming to the U.S. border seeking asylum from Central American countries. The Karnes Detention Center is a jail that was converted to house families in August 2014. Many of the early detainees in Karnes were held for months before release. My first client detained there was a sevenyear-old girl with brain cancer who received no treatment during the month she was detained. There were hunger strikes, allegations of solitary confinement and other retaliations, and complaints about living conditions and lack of medical care. After litigation and advocacy, the situation has settled into a relatively short period of detention for the families who successfully pass the “credible fear” interview, the threshold eligibility determination for asylum. These women and children are released and allowed to live with friends or family while they go through their full-fledged asylum hearings. Yet, many women are failing their initial interview and are being deported. The credible fear interview is administered by an asylum officer, usually within two

The Karnes Pro Bono Project (operated by RAICES in San Antonio) needs pro bono attorneys to help with credible fear interview reviews before the immigration judges in San Antonio. weeks of her detention. She will be required to recount her history and reason for fear of return to her home country, demonstrating that she has suffered past persecution or has a well-founded fear of future persecution based on one of five protected grounds for asylum: race, religion, nationality, political opinion, or membership in a particular social group. After successfully passing a credible fear interview, she is required to prove her eligibility for asylum to an immigration judge who decides whether to grant asylum. Many women in Karnes are fleeing gang violence and are unable to

articulate whether they have been persecuted on account of a protected ground. If an applicant fails her credible fear interview, she has the opportunity for review in front of an immigration judge. If the judge affirms the denial and the asylum office cannot be convinced to reconsider its denial, the applicant and her children are deported. The Karnes Pro Bono Project (operated by RAICES in San Antonio) needs pro bono attorneys to help with credible fear interview reviews before the immigration judges in San Antonio. The opportunities to help range from going to Karnes and

preparing women for their credible fear interview reviews, to representing them in court, to drafting credible fear interview briefs before the hearings or requests for reconsideration to the asylum office. If you want to help but cannot commit to in-person representation, you can draft a brief using a template that will be provided to you, which is a time investment of up to five hours. If you want to go in person but don’t speak Spanish, you can use the free phone translation available onsite at Karnes. On Monday through Thursday of each week, a RAICES attorney will be available onsite to guide you. An online training module is available to volunteer attorneys, and you can be partnered with a mentor. For more information or questions, feel free to reach out to me: kate@lincolngoldfinch.com. If you are ready to start helping, please email Andrea Meza at RAICES: AUSTIN LAWYER andrea.meza@raicestexas.org. AL AL APRIL 2016 | AUSTINLAWYER

Two Austin American Inns of Court Receive Platinum Awards

ach year, American Inns of Court are rated through an “Achieving Excellence” program. This tiered achievement-based program recognizes activities in which Inns are already involved and builds on the Inns successes. Each level of achievement recognizes an Inn’s progress toward mastering effective practices in each of the five core competencies of Inn management: administration, communications, programs, mentoring, and outreach. For the third consecutive year, two of Austin’s Inns of Court, The Robert W. Calvert American Inn and The Honorable Lee Yeakel Intellectual Property American Inn, have each received the Achieving Excellence Platinum designation, the highest level attainable within the American Inns of Court. Austin also is the home of two members of the national Board of Trustees, Dirk Jordan and Judge Lee Yeakel. The American Inns of Court is an association of lawyers, judges, and other legal professionals from all levels and backgrounds who share a passion for professional excellence. Through regular meetings, members are able to build and strengthen professional relationships, discuss fundamental concerns about professionalism and pressing legal issues of the day, share experiences and advice, exhort the utmost passion and dedication for the law, provide mentoring opportunities, and advance the highest levels of integrity, ethics, and civility. Our Inns have gained a national and international reputation as organizations that bridge the gap between formal law-

from law students to Supreme Court justices. All have the opportunity to learn and grow without limit. With an emphasis on mentorship, less-experienced attorneys become more effective advocates and counselors by learning from more experienced attorneys and judges. Its fluid, sideby-side approach allows seasoned judges and attorneys to help shape students and newer lawyers with practical guidance in serving the law and seeking justice. Calvert Inn President, Stephanie Kaiser, had this to say about winning this prestigious award: “Achieving Platinum status for the third year in a row is a greatly appreciated recognition of the Calvert Inn’s efforts to mentor and effectuate civility and professionalism in the legal community. We truly appreciate the opportunities and leadership afforded to us by the American Inns of Court to promote civility and professionalism in the practice of law at the highest level achievable. With each passing year, the Robert W. Calvert American Inn of Court has increased its efforts at mentoring and to improve and exhibit civility and professionalism in the practice of law. As part of its efforts, the Calvert Inn has established a mentoring committee to further connect and strengthen the relationships of the Inn’s members. For the community, the Inn participates in the Mentoring a Student (MAS) outreach program founded by former Calvert Inn president, Judge Orlinda Naranjo, where members of the Inn meet with approximately 30 local high school students once a month as part of their Principles of

[The American Inns of Court’s] fluid, sideby-side approach allows seasoned judges and attorneys to help shape students and newer lawyers with practical guidance in serving the law and seeking justice. school education and legal practice by offering career-long continuing education in the Common Law tradition. This uniquely nonpartisan association encourages meaningful mentoring relationships. The whole spectrum of the profession is involved: 20

AUSTINLAWYER | APRIL 2016

Law/Criminal Justice class. ” The Honorable Lee Yeakel, president of The Honorable Lee Yeakel Intellectual Property American Inn said, “Being honored with this distinction for the third consecutive year is a tribute to our members’ dedication and hard work, including

Judge Lee Yeakel and his wife, Ann, attend the Achieving Excellence dinner in Washington DC.

their pro bono commitment through the Inn’s sponsorship of Volunteer Legal Services’ clinics. The fact that the Inn has been recognized at the highest possible level in each year of its existence reflects the enthusiasm our members have for the values of the American Inns of Court. None of this, however, could have been accomplished without Darla Thomas, our executive director, keeping us focused and on the right track.” The American Inns of Court concept was the product of a discussion in the late 1970s among the United States members of the Anglo-American Exchange of Lawyers and Judges, including United States Chief Justice Warren E. Burger and Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit. The American Inns of Court movement has grown faster than any other organization of legal professionals. Today, there are nearly 400

chartered American Inns of Court in 48 states, the District of Columbia, Guam, and Tokyo. There are more than 30,000 active members nationwide encompassing a wide cross-section of the legal community, including federal and state judges, lawyers, law professors, and law students. Within the last six years, five new Inns of Court have been formed in Austin, joining The Robert W. Calvert Inn, which was established in 1990. In 2009, The Honorable Lee Yeakel Intellectual Property Inn and The Lloyd Lochridge Inn were established. In 2014, The Honorable Larry E. Kelly Bankruptcy Inn was formed. The Barbara Jordan Inn was chartered in 2015, and a Williamson County Inn is in the early stages of development. For more information, visit AUSTIN LAWYER innsofcourt.org. AL AL

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For Austin Lawyer classified advertisement pricing, reservation deadlines, and placement details, please contact Chellie Thompson at Monarch Media & Consulting, 512.293.9277, or Chellie@ monarchmediainc.com.

Miscellaneous office furniture, law office related and Texas art. Desk, credenza, chairs, end tables, client chairs, executive and secretarial chairs. Call for pictures and sizes. rrosenblad@furmanlawgroup. com. 512.784.5870.

ADVERTISERS ADVERTISER . . . . . . . . . . . . . . PAGE

Apple Leasing . . . . . . . . . . . . . 3 Avenson Hamman CPAs. . . 7 Broadway Bank . . . . . . . . . . . 24 Constable 5 . . . . . . . . . . . . . . . 10 David M. Gottfried – Mediator . . . . . . . . . . . . . . . . . . 7 Davis Settlement Partners. . . . . . . . . . . . . . . . . . . 22 Financial Valuation Services . . . . . . . . . . . . . . . . . . . 13 Foster . . . . . . . . . . . . . . . . . . . . . 15 Jennifer Johnson Legal . . . 8 Lakeside Mediation Center . . . . . . . . . . . . . . . . . . . . 5 Law Office of Tim Whitten . . . . . . . . . . . . . . 17 LawPay. . . . . . . . . . . . . . . . . . . . 2 Lawyers for Lloyd . . . . . . . . . 10 LexisNexis. . . . . . . . . . . . . . . . . 4 Loewy Law Firm . . . . . . . . . . 23 Moreland Properties . . . . . 21 Noelke Maples St. Leger Bryant. . . . . . . . . . . . . . . . . . . . . 21 Patrick Keel . . . . . . . . . . . . . . . 10 Robert M. Cain, MD, PA. . . 21 Smith Law Group . . . . . . . . . 7 St. Clair Coaching. . . . . . . . . 21 Texas Lawyers Insurance Exchange. . . . . . . . . . . . . . . . . . 21 The Burk Law Firm . . . . . . . 16 Thomas Esparza, Jr. . . . . . . 8

AUSTINLAWYER | APRIL 2016

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Carey S. Leva Senior Vice President, Wealth Advisor/Trust Officer

GOOD IS an expert on your side. What is good? Good is having a Wealth Management expert that can guide you through industry trends. It’s partnering with an advisor who uses his expertise to help you build, preserve and transfer your wealth across generations. At Broadway Bank, good is providing the highest level of service.