Austin Lawyer, July/August 2016 by Austin Bar Association

austinbar.org JULY/AUGUST 2016 | VOLUME 25, NUMBER 6

Austin Bar Interviews Incoming President Leslie Dippel

eslie Dippel, Assistant Travis County Attorney, began her term as President of the Austin Bar Association on July 1, 2016.

my undergraduate degree in political science and Spanish at [then] Southwest Texas State University, and went to law school at the University of Houston Law Center.

AUSTIN BAR: In addition to your job as Assistant County Attorney, you are a wife and the mom of three kids (ages 17, 13, and 6). And now you’re the President of the Austin Bar Association. How do you manage to juggle all of those responsibilities?

AUSTIN BAR: Why did you want to become a lawyer?

DIPPEL: I get asked that question a lot. When people ask me how I do it all, I say, “Sometimes I can’t.” I am not a passive participant in anything. I’m on the PTA boards at all three of my children’s schools. Not only do I enjoy it, but it shows my kids that I am interested in what they are doing. It’s also how I find out what’s going on in their schools. It is important to me, so I prioritize it. I do everything I can, but I know that I can’t always do everything and be everywhere. Probably my biggest fear is disappointing someone by not doing something they were counting on me to do. I hope that does not happen. If I do make a mistake, it is important to me to apologize, fix it, and move on. AUSTIN BAR: Where did you go to school? DIPPEL: My husband and I are both hometown kids. We were born and raised in Austin. My family is from Killeen, Texas and I went to middle and high school there, so I sort of have two hometowns. I got

DIPPEL: I wish I had a beautiful story to answer that question. The truth is, I grew up in a family with several lawyers. One of my mentors was my dear uncle, Don Wood. He was an attorney for Locke Lord in Houston. I am sure having people I love and respect be involved in the law influenced me. I have always been interested in the law. I am a litigator and I love the writing aspect of that practice. It also captures my left-brain performance nature—I love the courtroom. What lawyer doesn’t love to talk? AUSTIN BAR: What was your first job out of law school? DIPPEL: I got married in law school. My husband moved to Houston with me on the express condition of moving back to Austin as soon as I graduated, which we did. In fact, we were literally packing moving boxes on graduation day! My first job after law school was with the Attorney General’s office in the Law Enforcement Defense Division. That’s where I met Judge Eric Shepperd. If you want to try cases, that is a great office. I was trying a case in federal court within 30 days of having my license. It was an incredible experience. My favor-

The Dippel family: (from left) David, Avery, Christopher, Joseph, and Leslie.

ite thing about it was, as a young lawyer, you have this idea of what you should sound like, look like, or act like in the courtroom. The gift the job in the Attorney General’s office gave me was I got to try on several different personas. I tried on being the “country” lawyer, the “serious” lawyer, and the stereotypical “whatever” lawyer. It taught me that none of those things are right. The best lawyer you can be is who you are. I am me: Leslie. I smile, I crack jokes, and I giggle sometimes. That is who I am. I know that won’t connect with everyone, but if I try to act like someone else, I won’t connect with anyone. Getting to litigate frequently as a young lawyer in the Attorney General’s office gave me an incredible maturity which I don’t think I would have gotten as quickly in private practice. After working for the Attorney

General’s office, I clerked for two federal magistrates—Judge Steve Capelle, who is now the First Assistant in the County Attorney’s Office, and Judge Andy Austin. Those are two men I admire greatly for their dedication to their families and their careers. Then I went into private practice at Hilgers & Watkins, which later merged with Brown McCarroll. That was a great experience, too. I loved the people I worked with and I had great mentors there who taught me the business side of the law. Baby Dippel number two joined our family a few years after I joined the firm. Judge Shepperd was the Director of Civil Litigation in the County Attorney’s office at the time. He called one day to tell me they had an opening, and the timing was right for my family. The rest, as they say, is history. continued on page 6

CONTENTS

AUSTINLAWYER JULY/AUGUST 2016 | VOLUME 25, NUMBER 6 AL A L INSIDE FEATURED ARTICLES

DEPARTMENTS

CONNECTIONS

Austin Bar Interviews Incoming President Leslie Dippel

Opening Statement

Austin Bar and AYLA Boards Celebrate End of Year

Minority Bar Spotlight

ONLINE austinbar.org

Across the Wire: Supporting Border-Town Legal Resources

Legislative Update

Leadership Academy Concludes Another Successful Year

Briefs

Diversity Fellowship Program Begins Seventh Year

3rd Court of Appeals Update

Volunteer Legal Services Presents Awards

AYLA

Austin’s Fifty-Year Lawyers, 1966 - 2016

Classifieds /Ad Index

EMAIL Nancy@austinbar.org MAIL Nancy Gray Managing Editor Austin Bar Association 816 Congress Ave., Suite 700 Austin, TX 78701-2665 SOCIAL

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NEWS & ANNOUNCEMENTS

EVENTS & MORE

Austin Bar Sweeps Stars of Texas Bar Awards

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Awards Presented in June at the State Bar of Texas Annual Meeting

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Texas Access to Justice Commission Awards Pro Bono Service Award Austin Bar’s Self Represented Litigant Project Honored

2017 Jury Trial Schedule Released

Travis County Civil District Courts Announce 2017 Jury Trial Schedule

Topic: View from the Bench Speakers: Judge Karin Crump, 250th Civil District Court and Judge Cliff Brown, 147th Criminal District Court RSVP at austinbar.org This CLE will be live streamed via Periscope to Austin Bar members. Details will be provided in Bar Code in early August.

JULY/AUGUST 2016 | AUSTINLAWYER

AUSTINLAWYER OFFICIAL PUBLICATION OF THE AL ALASSOCIATION AUSTIN BAR AUSTIN BAR ASSOCIATION Leslie Dippel .............................. President Amy Welborn ............................ President-Elect Adam Schramek ....................... Secretary D. Todd Smith ............................ Treasurer Judge Eric Shepperd ............. Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION Katie Fillmore ........................... President Austin Kaplan ............................ President-Elect Jorge Padilla .............................. Treasurer Drew Harris ............................... Secretary Chari Kelly .................................. 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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Austin Bar and AYLA Boards Celebrate End of Year Awards Given for Outstanding Service

embers of the Boards of Directors for the Austin Bar Association and Austin Young Lawyers Association celebrated the end of another successful bar year May 25, 2016 at the Austin Club. The gathering was the culmination of the leadership of Austin Bar President Judge Eric Shepperd and AYLA President Chari Kelly. Both had terms that expired on June 30, 2016, along with several members of their boards. The event allowed each outgoing president the opportunity to recognize and honor some of their outstanding board members and committee chairs. Kelly presented AYLA awards to David King for Outstanding Director and Amanda Arriaga for Outstanding Committee Chair. She also presented the President’s Award of Merit to Brittnay Standford, who was unable to attend the reception. Kelly was honored for her year of service with a plaque presented to her by incoming AYLA President Katie Fillmore and immediate Past-President, Amanda Arriaga. Judge Shepperd presented Austin Bar awards to David Courreges for Outstanding Director and Jodi Lazar for Outstanding Committee Chair. Martha Dickie, who was also unable to attend the reception, was honored with the President’s Award for her longtime commitment to bringing a new civil courthouse to Travis County. Judge Elisabeth Earle, immediate Past-President of the Austin Bar, presented Judge Shepperd with a plaque and thanked him for his service and leadership. New boards and officers for both organizations took office July 1, 2016. TheAUSTIN new bar year kicks off in LAWYER full swing in September. AL AL

CLOCKWISE FROM TOP LEFT: Judge Eric Shepperd receives plaque from Judge Elisabeth Earle; Outgoing President, Judge Shepperd, shares a laugh with incoming President Leslie Dippel; Judge Shepperd presents Outstanding Director award to David Courreges; Outstanding Committee Chair, Jodi Lazar, is honored by Judge Shepperd; Katie Fillmore and Chari Kelly present AYLA’s Outstanding Committee Chair award to Amanda Arriaga; David King receives AYLA Outstanding Director Award from Fillmore and Kelly; Members of AYLA’s Board of Directors; Austin Bar staff members, Carol Tobias, Marissa Lara-Arebalo, and Debbie Kelly. Photos by Kelli Horan.

JULY/AUGUST 2016 | AUSTINLAWYER

Interview with President Leslie Dippel continued from cover

AUSTIN BAR: What do you love most about your job? DIPPEL: I truly admire David Escamilla. He’s an excellent lawyer, community activist, and just a good man. You couldn’t ask for a better boss. The Travis County Attorney’s Office is simply a nice place to walk into every day under his leadership. And the work is fascinating. I love working with the local elected officials in the city where I live—to watch the work being done and to advise them on legal matters. I have a small role in that by providing employment advising and litigation. All the offices in the county have a similar feel. They are all family and it all feels close-knit. I have developed friendships in the commissioners’ offices, sheriff’s office, district and county clerk’s office, the judges’ offices, and many others. It always boils down to relationships no matter where you are. Beyond that, the reason I’ve stayed and have enjoyed it so much is employment law can be an emotional practice. It’s a large responsibility because you are dealing with people’s jobs, their livelihoods. It is how they identify themselves. It’s a very relationship-based practice. It’s like the pillars I learned in Leadership Austin: Skills, Issues, and Relationships. When you combine all of those things, then you’re in your sweet spot. I guess this is mine. AUSTIN BAR: When did you first get involved in Bar? DIPPEL: In law school. I was a research assistant to a professor who was involved with the Houston Young Lawyers Association. They always asked him to help place a student member on their board. During my third year, he asked the research assistants and I said I’d do it. I didn’t know much about it at the time, but what a gift it turned out to be. I was the student representative on the HYLA Board. That is where I met Justice Dale Wainwright, who embodied the characteristics of excellence, professionalism, and community service. I was pleased to have the opportunity to tell him what an impression he made on me at last year’s Austin Bar Foundation Gala. I was on the HYLA Board the year we hired our first Executive Director. It was exciting to be involved 6

AUSTINLAWYER | JULY/AUGUST 2016

in that. So when I moved here, I just joined the Austin Bar Association. I thought that’s just what you did. I jumped on to the Bench Bar Committee that first year and have not looked back. AUSTIN BAR: Who were the first people you interacted with in the Austin Bar who made an impact? DIPPEL: Justice Bob Pemberton was the chair of Bench Bar Committee that first year. He was so kind and welcoming to a brand new person who didn’t even know what the Bench Bar was at first. His kindness made an impact. On that committee, I met former Austin Bar Association president, Ann Greenberg, and Frank King and we became friends instantly. The next year, Frank called to say they were looking for a committee chair and he liked that I actually came to committee meetings. That was so funny to me–of course I went to the meetings! So that is the story of how I co-chaired my first committee—I showed up! AUSTIN BAR: If you had a word of advice to a young lawyer, what would it be? DIPPEL: There are many areas of my career that I would like to say were part of a grand plan, but I look back and while it may look that way, it wasn’t designed that way. I went where the jobs were and that ultimately developed me into a well-rounded lawyer. So that’s the advice—maybe you can’t manufacture and design your career like that. Maybe you can’t control it. But you can pull lessons out of each experience and together, they become part of the tapestry. Austin is still a small town and the legal community even more so. Relationships are important here. Building the base of relationships is what the Bar does. So I advise just jumping in and showing up. Meet people. It doesn’t have to be intentional. You can just have fun and meet people and along the way you’ve met this base of people who are mentors, referrals, colleagues, and friends. People who will remember you. It just happens naturally. Find that person whom you admire and get to know him or her better. Say, “I like what that person is doing, I like who she is. I want to

figure out what she’s doing.” Seek out your mentors. Susan Burton was my supervising partner at Hilgers & Watkins. I was with the Calvert Inn of Court at the time. One time, I was sitting by

recruitment committee, we timidly asked Judge Elisabeth Earle to speak at an event. We thought she was doing us a huge favor. It turns out she was looking for a way to become more involved and our invi-

Austin is still a small town and the legal community even more so. Relationships are important here. Building the base of relationships is what the Bar does. So I advise just jumping in and showing up. Judge Suzanne Covington at dinner. Susan and I had been in Judge Covington’s court recently for a hearing. During dinner, I introduced myself and she said, “I remember.” She leaned over and literally patted my hand. She said she was pleased to see me in court with Susan. “I see so many young lawyers come through my court with people who may not have the best reputations, and I worry about their development,” she said. “I worry about what they are going to be like in 10 years. I was so happy to see you under her wing. We need more lawyers like that.” My lesson from that was, the things you think matter, don’t. But being truthful, authentic, and being a person of your word—that matters. AUSTIN BAR: What are your goals, or what do you want to achieve, during your year as President? DIPPEL: I want more people to understand, and take advantage of, the amazing work that the Austin Bar does. And I want more people to give their talents to the Bar, too, because it’s reciprocal. You won’t know what’s going on if you don’t come to an event. There are so many avenues to be involved in and not all of them have to be about being a lawyer. Although if you want to do that, you can. Do you want to get involved in something practice-based, like a section? We have monthly CLEs. Whether it’s community based, professional based, or judicial based, there is something for everyone. Show up. Then get involved. Serve on a committee, take a leadership role. There are so many ways to be involved. And those that are already involved need to ask people to come with them. Once, when Sherine Thomas and I co-chaired Leadership Austin’s

tation changed her trajectory in the organization. She ended up serving on the board. We would never have known her interest if we had not asked. We have to ask people to get involved. But they need to know they don’t have to be “all in”. They don’t have to be President. They don’t have to assume any leadership position. There is something here for everyone, whatever their interest or commitment level. It is all appreciated and they will get something out of it, whatever they do. AUSTIN BAR: What do you think they’ll get out of it? DIPPEL: I can tell you what I get out of it. I’m a relationship person, so I’ve made a lot of friends. Some of them have become professional colleagues, some have become the sort of friends where we’re involved in each other’s families. Friendships, contacts, networking, CLE. It’s all here. The Austin Bar is also a very organized way to get involved in the community. Everybody wants to do volunteer work, or help in the community, but sometimes it’s hard to know how to make that happen. The Bar makes these things so easy to plug into. You want to help CPS and foster kids get adopted at Adoption Day? Ok, then go do it. Like animals? Walk dogs with the Animal Law Section. Interested in mentoring young lawyers? Great! Get involved with the mentoring program. Like fitness? Help raise money for the Heart Association and join the Fit Bar team for the Heart Walk. Like to write? Contribute an article to Austin Lawyer. Like kids? Get involved in the Law-Related Education in Schools committee and help collect books for kids at the courthouse. The list is endless. Just AUSTIN LAWYER be yourself—and come ALon. AL

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ACROSS THE WIRE Supporting Border-Town Legal Resources For Narco-Refugees

International rally at the borders of El Paso, Texas; Sunland Park, New Mexico; and Juarez, Mexico calling to the end the violence in Juarez in January 2011. Photo courtesy of iStock.

BY LEE SIMMONS

n the edge of El Paso’s largest barrio stands a century-old, two-story red brick building, a short walk from the U.S.-Mexico border. The building looks like little more than an aged, unpopulated space forgotten by the neighborhood surrounding it. Yet for more than three decades, thousands of Mexican refugees have called it their first American home, a “house of hospitality” known as Annunciation House. Opened in 1978, Annunciation House was spawned from its founders’ commitment to provide a destination to the poor and indigent from both sides of the Rio Grande. Its mission was clear: to provide hospitality, education, and advocacy in a “Gospel spirit” whereby volunteers literally live among the poor people they serve. 8

AUSTINLAWYER | JULY/AUGUST 2016

By the time the late 2000s arrived, and with it the dramatic surge in Mexico’s drug cartel violence, that mission became stretched to a breaking point. Non-profit organizations such as Annunciation House are often the last line of defense for the narco-refugee, once federal and state governmental options have been exhausted. Many such organizations have struggled to meet the rising demand of asylum applications, and observers disagree over the extent to which they have effectively met those needs. According to the Immigration and Nationality Act, a refugee is any person who is located outside the U.S.; constitutes special humanitarian importance to the U.S.; can show persecution or fear of persecution based on race, religion,

Often the narco-refugee’s last chance at asylum lies in the hands of a single immigration attorney... [and] some attorneys have successfully won asylum claims by utilizing the social group category. nationality, political opinion, or membership in a particular social group; and is admissible to the U.S. Under these narrow standards, qualifying for asylum can be difficult. The asylum-seeker must exhibit a well-founded fear of persecution both on a subjective and objective level. And a successful asylum case hinges on proof of governmental persecution

or persecution by a group which the government is unwilling to or cannot control. A refugee may alternatively apply for temporary protective status (TPS), a tool allowing people to remain under certain circumstances when returning to their home countries would be unsafe. TPS is of little use to the narco-refugee, however, because the U.S. does

not include Mexico on its list of TPS-eligible countries. Given the narrow scope of federal immigration laws, the non-profit sector has an opportunity to fulfill the need for narco-refugee legal representation. But in the case of narco-refugee asylum applications, these non-profits all too often find themselves facing overloaded immigration court dockets with minimal legal staff, not to mention a federal system heavily biased against such applicants. Often the narco-refugee’s last chance at asylum lies in the hands of a single immigration attorney, yet many shy away from taking such cases. Fear, a lack of familiarity with Mexican politics, and a belief that applicants are involved in drug-related activities turns many attorneys away from such applications. Nevertheless, some attorneys have successfully won asylum claims by utilizing the social group category. Arguably the broadest of the five categories, the social group designation offers an attorney the opportunity to craft an asylum application more easily fitting a refugee’s status than would the stricter categories of nationality, religion, race, and political opinion. Reexamining other federal guidelines to perpetuate refugee entrance into the U.S. might have more immediate and tangible results. For instance, adding Mexico to the list of TPS nations would enable victims of drug cartel violence to remain in the U.S. and avoid returning to unsafe conditions. Likewise, a narco-refugee under order of deportation may apply for a stay of removal to remain in the U.S., which remains at the discretion of the courts. Similarly, a withholding of removal allows the Attorney General to exercise discretion in refusing to enforce a refugee’s removal if he or she would be threatened on account of race, religion, nationality, social group membership, or political opinion. Deferred enforced departure would allow the narco-refugee to avoid deportation for a period of time, per the discretion of the President of the U.S. By contrast, a humanitarian parole allows otherwise inadmissible applicants to gain access to the U.S. because of some compelling emergency.

...the social group designation offers an attorney the opportunity to craft an asylum application more easily fitting a refugee’s status than would the stricter categories of nationality, religion, race, and political opinion. gration attorney to the non-profit These alternative legal avenues group, border-town legal resources travel widely different statutory and deserve full disclosure about these regulatory paths nonetheless leadalternatives from federal and state ing to the same destination when it immigration agencies to best serve comes to the narco-refugee with a the shell-shocked men, women, and valid claim: Freedom from persechildren who arrive at their doors LAWYER cution. From the border checkpoint AUSTIN everyAday. L AL officer to the border-town immi-

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AUSTINLAWYER | JULY/AUGUST 2016

OPENING STATEMENT

Getting the Words Right BY WAYNE SCHIESS

egal writing requires precision, and precision requires the right word. Correct word use (called “usage”) aids clarity and enhances credibility. With those goals in mind, I offer these confused and misused words, along with explanations. For each, I present an example of incorrect usage from a real legal document (names have been changed).

COMPLIMENT / COMPLEMENT The firm considers this team approach a benefit to the client as Jacobson and Gonzalez compliment each other, constantly reviewing and discussing issues. Although it’s possible that Jacobson and Gonzalez praise (compliment) each other, the word here should probably be complement, meaning to complete or to go together well.

DISCREET / DISCRETE This mandamus proceeding presents an opportunity for the court to hold that a party cannot avoid the effect of Rule 292 by seeking separate trials of discreet issues that constitute a single cause of action. Discreet means tactful and circumspect. The correct word here is discrete, meaning individually distinct. These two words can be difficult to keep straight, so to help me remember them, I use this memory aid: In discrete, the two e’s are separated by the t. They’re distinct.

HISTORIC / HISTORICAL These costs will be subject to reconciliation as reconcilable fuel costs on an historic basis. The word historic means famous and significant: Passage of the Civil Rights Act was a historic event. The proper word here is historical, which means relating to history or occurring in the past. But what’s the proper article? Should we use an historical or a historical? The best current guidance is that historical and other words beginning with h, like

hereditary and humble, take the article an only if you do not aspirate the h. In other words, use an only if you pronounce the words as if there were no h: istorical, ereditary, umble. And the best current guidance on that is to aspirate the h. So use a historical basis, a hereditary trait, a humble person.

JUST DESERTS / JUST DESSERTS Putting the defendant to death to avenge two killings that he did not commit and had no intention of committing does not contribute to the retributive end of ensuring that the criminal gets his just desserts. This error might be simply a spelling mistake or a typographical error, but this incorrect usage is fairly common. The correct phrase for getting what you rightly deserve is just deserts with one s and has nothing to do with a post-meal treat. The word desert here is a little-used noun form of deserve.

PRESCRIBE / PROSCRIBE Of the total offering proceeds deposited into the Escrow Ac-

ed. 2009). By the way, I also grant count, 10% may be released to that step foot is harmless. the Company prior to an offering in which investors reconfirm TACK / TACT their investment in accordance with procedures proscribed by The plaintiff believes Porterfield Rule 419. took the wrong tact by refusing The right word here is the past to settle. tense of prescribe, which means The correct word here is tack. to require or authoritatively direct. Tact means sensitivity or skill in Proscribe means to prohibit. A dealing with delicate situations. procedure could be proscribed by The correct word, tack, means a rule or prescribed by rule, but the course or a change in course and is meanings are distinct. a sailing term, used here metaphorAUSTIN LAWYER AL AL ically.

STEP FOOT / SET FOOT

Most jurors will have seen PowerPoint presentations before they step foot in the courtroom. The proper phrase here is set foot. Granted, the phrase step foot has some common-sense appeal: we take steps with our feet. But do you step your feet? No. You take steps, and what you’re doing when you take steps is picking your foot up and setting your foot down or in. That’s my appeal to logic. Here’s my appeal to authority—one of several I found. “The traditional expression is not step foot but set foot.” Paul Brians, Common Errors in English Usage 218 (2d JULY/AUGUST 2016 | AUSTINLAWYER

Leadership Academy Concludes Another Successful Year Congratulations to the Members of the 2016 Austin Bar/AYLA Leadership Academy Class

he Austin Bar/AYLA Leadership Academy was established to assist Austin-area lawyers in making a difference in our community, serving the Bar, and promoting professional development.

Each year, a class of approximately 30 members is selected from applications submitted by lawyers of all areas of practice, firm size, and levels of experience. Each year, a class of approximately 30 members is selected from applications submitted by lawyers of all areas of practice, firm size, and levels of experience. The Leadership Academy includes a mandatory retreat, followed by a series of five lunch presentations during which participants network with and enjoy lunch presentations by leaders in public policy, government, the private sector, non-profit organizations, and the Bar. Applications for the 2017 Leadership Academy, which will begin in January, will be available later in the fall. Information on how to apply will be available on the Austin Bar website, in Bar Code, and Austin AUSTIN LAWYER Lawyer. AL AL

The following Austin Bar members are graduates of the 2016 Austin Bar/AYLA Leadership Academy Class: Katherine Akinc

Meghan Kempf

Anthony Arguijo

Margaret Kercher

Lisa Marie Bustos

Mysha Lubke

Andrew Cates

Jesse Moore

Michael Choate

Lisa Pittman

Lindsey S. Drake

Chris Plummer

Allyson Evans

Divya Reddi

Laura de la Garza

Kristin Scheel

Gabriella Gonzalez

Lee Simmons

James Howard

Johnathan Stone

Rachael Jones

AUSTINLAWYER | JULY/AUGUST 2016

AT TOP: Members of the 2016 Austin Bar/AYLA Leadership Academy Class; ABOVE: Judge Karin Crump speaking at the 2016 Leadership Academy Retreat at the State Bar of Texas in January, 2016.

MINORITY BAR SPOTLIGHT

Austin LGBT Bar Association and Austin Bar Foundation Announce Scholarship Recipients

he Austin LGBT Bar Association is proud to congratulate the recipients of the Austin Bar Foundation’s inaugural LGBT Scholarship: Anya Morgan of the University of Texas School of Law and Luis A. Medina, Jr. of St. Mary’s University School of Law. The scholarship, administered by the Austin Bar Foundation and funded by the Austin LGBT Bar Association, gives $5,000 to two law students at Texas law schools who demonstrate a commitment or contribution to the LGBT community or LGBT legal issues. Both recipients were honored Thursday, June 16 during the State Bar Convention networking reception hosted by the LGBT Law Section of the State Bar of Texas at the Texas A&M University School of Law. Morgan, a rising third-year student at the University of Texas School of Law and graduate of

Wesleyan University, is the pro bono director for OUTLaw, UT School of Law’s LGBTQ student affinity organization. In this role, she will continue the school’s transgender name and gender marker project, which she participated in by drafting petitions for name and gender marker changes in Travis County courts. Morgan researched and wrote blog content on transgender employment law while interning at DLA Piper in Los Angeles, was a board member for Texas Law Fellowships, and was a founding member of the UT School of Law’s National Lawyer’s Guild chapter, working on criminal justice and mass incarceration issues. This summer, she will intern in New York City for the Sylvia Rivera Law Project, a nonprofit which advocates for low-income transgender and gender non-conforming people. Medina, a 2016 graduate of St. Mary’s University School of Law, is the immediate past-president of

St. Mary’s student LGBT affinity group. In that role, he organized guest lectures on topics pertaining to LGBT, family, and immigration law, as well as a networkMorgan ing program for law students and San Antonio-area LGBT-identified attorneys. As staff writer for the law journal The Scholar Law Review, Luis authored an article on immigration law’s impact on transgender immigrant women. The son of migrants, Medina’s service experience includes substantial work on behalf of recent immigrants and their families, including work for St. Mary’s Center for Legal and Social Justice’s Deferred Action for Childhood Arrivals volunteer program and the school’s Immigration and Human Rights Clinic. He also organized a

Medina fundraiser benefiting children released from immigrant family detention centers. Medina is active with the San Antonio LGBT Bar Association, an organization he helped inaugurate as the Association’s first law student representative. Save the date: The Austin LGBT Bar Association will host its second annual Sculpting the Future reception and scholarship fundraiser Oct. 13, 2016 at the Umlauf Sculpture Garden in Austin. For more information about the scholarship and AUSTINLAWYER reception, visit austinlgbtbar.org. AL AL

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Diversity Fellowship Program Begins Seventh Year

embers of the newest Diversity Fellowship Program met recently at the Austin Bar to kick off its seventh year. This year’s participating law students are Yasmine Smith, Luis Solis, Sean Doyle, Diego Cervantes, David Holmes, Farah Chranya, and Janel Venzant. The Diversity Fellowship Program enables first-year law students of diverse backgrounds to participate in law firm, governmental agency, and judicial internships for 10 weeks during the summer. They are selected through a competitive application process. Judge Lora Livingston, Judge Eric Shepperd, Rudy Metayer, Tony Nelson, and Leslie Dippel serve as co-chairs of the Diversity Committee, which coordinates the program. Judge Orlinda Naranjo is also an active participant. The Austin Bar Foundation provides a stipend to each student, funded by donations from participating firms. Past participants in the program have continued on to traditional clerkships later in law school and have reported successful employment after graduation. According to Judge Shepperd, “When we first agreed to chair this committee, it was important to us for the committee to do something big. Not just

(from left) Diversity Committee co-chair Rudy Metayer, with 2016 Fellows Yasmine Smith, Luis Solis, Diego Cervantes, David Holmes, Farah Chranya, Sean Doyle, and Janel Venzant; along with Judge Orlinda Naranjo and President and Diversity Committee co-chair Leslie Dippel. Not pictured are co-chairs Judge Lora Livingston, Judge Eric Shepperd, and Tony Nelson. Photo by Kelli Horan.

talk about diversity—but actually demonstrate cultural competency. This program has given highly qualified students great exposure to opportunities they may not have otherwise received. I am amazed the program is entering its seventh year and am so proud of these stu-

dents’ successes. Watching them grow and hearing about their careers, some of them now with firms where they did their internships, is a testament to the success of the program.” The Diversity Committee could not be successful without the sup-

port of the participating firms: McGinnis, Munsch Hardt, Locke Lord, Lloyd Gosselink, Jackson Walker, Graves Dougherty, and Armbrust & Brown. Special recognition to McGinnis, Graves, and Armbrust who have faithfully supported the AUSTIN LAWYER program since its inception. AL AL

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LEGISLATIVE UPDATE

BEYOND SENSIBILITY: New Culture Threatens Regulatory Foundation BY BUDDY GARCIA, CONGRESS AVENUE PARTNERS

ill the evolving federal and state environmental regulatory structure provide sufficient certainty for energy production given our U.S. climate-change goals? A recent Texas electric forecasting study predicts “over the next 20 years, due to the free market alone, [the ERCOT region] can expect to see a cleaner grid that relies on Texas-produced natural gas, wind and utility-scale solar power at little additional cost to consumers.” But the report may not have adequately considered how common challenges to regulatory certainty in the permitting process for energy producing states have become. The fact is, like it or not, the environmental regulatory paradigm is evolving, with new decision-makers considering new priorities, and the legal landscape

for energy production will need to evolve as well. Historically, the states have been delegated authority by the federal government to implement environmental standards and enforce them through the permitting process as partners with the Environmental Protection Agency. Thus, the process of environmental regulation relied on legally achievable thresholds, with the presumption public health and safety will be achieved when state-issued permit guidelines are followed and enforced. Recently, federal regulators, buoyed by the belief energy-producing states like Texas are in “denial” of climate science, have developed a “one size fits all” White House Clean Power Plan. This new regulatory structure (for now delayed for review by the D.C. Circuit of the U.S. Court of Appeals) too often

fails to consider variables in market forces and the regulatory process at the state level. Moreover, the historically “accepted” environmental standards for energy production have shifted, and are increasingly challenged at all levels. Industry critics continue to focus on pollutants and emissions, but effects on wildlife and a desired democratization of advocacy now receive additional scrutiny. The perception of environmental injustice adds yet another dimension to the discussion. There is no silver-bullet approach to energy production. For example, the U.S. Fish and Wildlife Services recently proposed a policy shift from five-year permits to 30-year permits for wind energy producers, and U.S. wind capacity could triple by 2030 under the Clean Power Plan. But even wind energy, while emission-free and not subject to fuel price risk, has been criticized by some for accidental bird kills or ruining scenic views. As a policy matter, how can we best accommodate a critical generation resource collectively reducing U.S. greenhouse gases, while giving these potential threats to wildlife and vistas due consideration? Meanwhile, supporters of power generation infrastructure want regulatory focus on permit predictability and reliability concerns. But acquiescence to federal control will not easily yield adequate guidance for the certainty needed in energy-planning investments. And what happened to the concept of federalism, the principle the states are not merely regional representatives of the federal government, but are granted independent powers and responsibilities? If permits (whether federal, state, or local) are not attainable, financing of needed power production will not be either. Can the U.S. achieve a collective balance to accommodate the numerous impediments to regulatory compromise? And how will the

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role of the Texas legal community evolve, if environmental decision-making continues to matriculate to our nation’s capitol? Will Texas lawyers be able to effectively advocate for their clients if our state regulatory bodies see their oversight roles diminish? In our view, balancing energy production and consumption needs will continue to require a strong regulatory structure at the state level. Meeting the energy needs of an ever-growing Texas population requires a combination of strong, enforceable legal thresholds in the permitting process and increased public support for sustainable environmental limits. Texas’ environmental stewards should pursue regulatory certainty by relying on sound science, advanced technoloAUSTIN LAWYER gy, and common sense. AL AL JULY/AUGUST 2016 | AUSTINLAWYER

BRIEFS NEW MEMBERS The Austin Bar welcomes the following new members: James Barnes Cassandra Champion Matthew Cherry

Brown, Ruiz, and Tottenham

Mitchell Crane Daniel Durell

AWARDS

Clint Flanagan

Chambers USA honored Fletcher Brown, a partner at the Austin office of Waller, for his work in the healthcare industry.

Cole Flannery Rachel Giani Luis Herrera Nathaniel Holzer

The Texas chapters of the American Board of Trial Advocates (TEX-ABOTA) honored Terry Tottenham with its Lawyer of the Year award. The award is given annually to recognize an attorney for a career of accomplishments, excellence, and professionalism as a civil trial attorney. Tottenham is currently Of Counsel at Norton Rose Fulbright where he handles product liability and pharmaceutical cases. Among his many achievements is initiating Texas Lawyers for Texas Veterans during his tenure as president of the State Bar of Texas.

Stephen Humeniuk Kiera Kilday Jessica Lance Stephanie Lugo Michael Malfettone Nicole Sears Joshua Smith Sarah Tompkins Jameson Watts John Zuhosky

NEW TO THE OFFICE The City of Austin Law Department hired Michael Siegel and Matthew Tynan as staff attorneys

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in the Litigation Division. Siegel focuses on defense litigation for the city, including zoning, election law, employment, and open government matters. Tynan focuses on litigating personal injury and business litigation cases. Rachel S. Giani joined the Austin office of Winstead as Of Counsel in the Corporate, Securities/Mergers & Acquisitions practice group. Giani focuses on regulatory and statutory construction, mergers and acquisitions, corporate governance, and other related legal matters.

MOVING ON UP James Ruiz was appointed as Chair of the Litigation & Dispute Resolution department at Winstead. For more than 25 years, Ruiz has represented clients in commercial litigation and arbitration for disputes including banking and real estate, intellectual property, securities, and more.

Andralee Cain Lloyd has been promoted to staff attorney with the Litigation Division of the City of Austin Law Department. Lloyd focuses on representing the City in disputes including employment, personal injury, and constitutional violation claims. To submit announcements for inclusion in the Brief section of Austin Lawyer, email Kelli Horan at kelli@austinbar.org

3 RD COURT OF APPEALS UPDATE

The following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2016. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of June 13, 2016. EMPLOYMENT: Allegations of similar but unpunished conduct support disparate treatment claim. University of Tex. v. Kearney, No. 03-14-00500-CV (Tex. App.—Austin May 3, 2016, no pet. h.) (mem. op.). UT suspended Kearney for a relationship with a former student. In response to UT informing her that she would be fired, Kearney resigned and sued for constructive discharge based on disparate treatment and retaliation. The trial court denied UT’s plea to the jurisdiction. The court of appeals concluded that the alleged protected activity (her reporting prior acts of harassment and discrimination during the investigation) occurred after she had been suspended. Thus, Kearney could not establish that she would not have been fired but for her complaints. The court further concluded that Kearney’s allegations of other athletic department employees’ similar but unpunished conduct raised a prima facie disparate treatment claim. The court affirmed in part and reversed and remanded in part. TRIAL PROCEDURE: Court reverses no-answer default based on service defect. Montgomery v. Hitchcock, No. 0314-00643-CV (Tex. App.—Austin

May 25, 2016, no pet. h.) (mem. op.). The trial court granted a motion for substituted service by delivery of citation and petition to anyone over 16 or posting on the door at Montgomery’s residence. Hitchcock obtained a no-answer default judgment after Montgomery failed to answer. Montgomery argued on appeal that citation was fatally defective because it misstated the filing date of Hitchcock’s petition. The court of appeals noted that there are no presumptions in favor of valid service. Because the citation had the wrong date, citation did not comply with Rule 99(b). Further, there was no showing that the erroneous date did not mislead Montgomery. The court reversed and remanded. ADMINISTRATIVE LAW: Court reverses Commissioner’s modification of ALJ’s findings. Garcia v. Texas Real Estate Comm’n, No. 03-14-00349-CV (Tex. App.— Austin May 27, 2016, no pet. h.) (mem. op.). Commission investigated Garcia after representing both buyer and seller in a real estate transaction and not disclosing that he was acting as an intermediary. Commissioner recommended a $30k penalty and license suspension. The ALJ recommended a $17k penalty but no license suspension. Commissioner adopted the ALJ’s findings and conclusions but added a two-year suspension. The trial court affirmed. The court of appeals observed that Commissioner must state in writing the specific reasons and legal basis for modifying an ALJ recommendation. Commissioner offered no explanation of why

the ALJ’s sanction did not properly address the violations. Commissioner also failed to give any statutory authority or policy to support modification. The court affirmed in part, but reversed and remanded Commissioner’s modification. GOVERNMENTAL IMMUNITY: City immune under discretionary-powers exception. City of Austin v. Frame, No. 0315-00292-CV (Tex. App.—Austin May 27, 2016 no pet. h.) (mem. op.). Griffith died after being struck by a vehicle that drove onto the hike-and-bike trial. Family sued City. City claimed immunity for its discretionary decisions about roadway design and safety features. The trial court denied the plea to the jurisdiction. According to the court of appeals, if plaintiffs’ allegations concern negligent formulation of policy, then immunity is preserved. If the allegations concern negligent implementation of policy, then immunity is waived. The court concluded that City’s policy did not mandate construction of a barrier with sufficient precision to make the act nondiscretionary. The policy required a balancing of interests and judgment. Thus, plaintiffs’ allegations complain about City’s allocation of resources, which is a discretionary-powers exception to waiver of immunity. The result did not change even though City had decided to change the design, but had not yet implemented The AUSTINit. LAWYER court reversed and dismissed. AL AL

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Volunteer Legal Services Presents Awards Legal Heroes Honored at Covington Awards Reception

ABOVE, LEFT TO RIGHT: Bill Christian presents the J. Chrys Dougherty Award for long-standing service to Chris Jacobs; Mysha Lubke receives the Susan Burton Award from Bill Christian for her VLS contributions; Carroll Martin and Sara Clark accept the Joseph H. Hard Award on behalf of Scott Douglass & McConnico for their firm’s outstanding support of VLS.

overty should not be a barrier to justice and in Central Texas it is not, thanks to the dedicated volunteers at Volunteer Legal Services. A mother who suffered horrific abuse at the hands of her husband, a man with disabilities soon to be evicted from his rent-subsidized apartment, a low-income elderly resident who wanted to get her affairs in order—these and hundreds of others—found help through the generosity of the VLS volunteers and supporters. On May 24, these legal heroes were recognized at the Covington Awards Reception at the Law Offices of Graves, Dougherty, Hearon & Moody. Forty law firms were recognized for giving their time, their talent, and their treasure to VLS. More than 60 attorneys were recognized for taking multiple VLS cases and helping at multiple clinics. These firms and individuals are the backbone of VLS. Two individuals and one firm received special recognition. Mysha Lubke, with Baker Botts, received the Susan Burton Award for out-

AUSTINLAWYER | JULY/AUGUST 2016

Forty law firms were recognized for giving their time, their talent, and their treasure to VLS. More than 60 attorneys were recognized for taking multiple VLS cases and helping at multiple clinics. These firms and individuals are the backbone of VLS. standing service by a lawyer who has been licensed for five years or less. Lubke’s first client was a woman with a 9-year-old son whose husband had attempted to hit the child with a hammer, and who, on several occasions, had beaten her. Lubke successfully won the contested divorce and custody hearing. This difficult case did not deter her. She has since worked tirelessly on some of the most difficult domestic violence cases, giving these survivors and their children the protection, and divorces, they deserve. Chris Jacobs, with AMD, was the recipient of the J. Chrys Dougherty Award for his long-standing work on behalf of VLS clients. For

years, Jacobs has taken VLS cases and helped provide legal assistance at the VLS clinics. He has also recruited others to help and recently organized the Honorable Lee Yeakel Intellectual Property American Inn of Court to provide wills to residents of the St. Louise House. His commitment has been invaluable to the success of VLS. The firm of Scott Douglass & McConnico received the Joseph H. Hard Award, for a firm providing exemplary support to VLS. This firm and their lawyers give their time and resources to those most in need of legal assistance while treating these clients with the same respect and dignity they grant their

fee-generating clients. That generosity of professionalism is coupled with the firm’s financial and time contributions. The firm gave the equivalent of $200 to VLS for each of their Austin lawyers, and more than 40 percent of their lawyers gave individually as well. The firm’s 40 lawyers also handled nearly 50 cases over the last three years. Central Texas is fortunate to have the generosity of legal talent and financial support from so many members of the legal community. The VLS board and staff salute these outstanding volunteers. If you would like to volunteer at VLS, contact AnnaLAWYER K. Meyers at AUSTIN akmeyers@vlsoct.org. AL AL

2016 Judge Suzanne Covington Firm Pro Bono Service Awards Honoring firms who devote an extraordinary amount of time providing legal services to low-income clients of Volunteer Legal Services.

Pro Bono Champions Duggins Wren Mann & Romero Locke Lord Mauzy & Tucker Noelke Maples St. Leger Bryant Reeves & Brightwell

Rivers McNamara Scott Douglass & McConnico Thompson & Knight Whitehurst Harkness Brees Cheng Alsaffar & Higginbotham

Pro Bono Leaders Ausley Algert Robertson & Flores Baker Botts Barron & Newburger De Leon & Washburn Graves Dougherty Hearon & Moody Hanna & Plaut

Hawkins Parnell Thackston & Young Norton Rose Fulbright Slack & Davis Strasburger & Price Vinson & Elkins

Pro Bono Supporters Bickerstaff Heath Delgado Acosta Boulette Golden & Marin Brorby Crozier & Dobie Burns Anderson Jury & Brenner DLA Piper Gjerset & Lorenz Gray & Becker Hancock & McGill Husch Blackwell Jackson Walker

Katten Muchin Rosenman Lloyd Gosselink Rochelle & Townsend McGinnis Lochridge Nossaman Pirkey Barber Richards Rodriguez & Skeith Streusand, Landon & Ozburn Sutherland Asbill & Brennan Winstead

2016 Judge Suzanne Covington Individual Pro Bono Service Awards Honoring individuals who devote an extraordinary amount of time providing legal services to low-income clients of Volunteer Legal Services.

100+ Hours John H. Akin Iris Albizu-Rivera Catherine Baron Lisa Bennett Michael Biles Lisa Danley-Herring Tecuan Flores Catharine Garza Lindsey Gill Meghan Griffiths

Jeffrey Han Wanda Harkness Fred Helms David Hoffman Robert Howell Evan Johnson Shannon Kidd Samantha Kuhn Richard Laird Joe Lea Noelle Letteri

Robert Black Dan Brustkern Melissa Cook Lynda Frost Alberto Garcia Kevin Holcomb Melissa Holman

Candace Hunter Noelle Letteri Lorrie Orton Heath Artie Pennington Lloyd Robles Rebecca Rosenberg

Lisa Londergan Mysha Lubke Stacey McLarty Christopher R. Mugica Doug Ray Eagle Robinson Avelyn Ross Brooks Schuelke Stephen Stout Alex Uber Kennon Wooten

10+ Clinics

5+ Cases Michael Baumer Robert Black Tyler Hickle Ray Langenberg

Liliana Leon-Fores Noelle Letteri Janet McCullar Jeff Tippens

Kandice Sanaie Paul Schlaud Erin Shinn Redge Westbrook Elizabeth Wilson Brad Young

Pro Se Clinic Leaders Merrily Porter Mark Sims Hector Valle Jason Wright

JULY/AUGUST 2016 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

AY LA PRESIDENT’S COLUMN KATIE FILLMORE BOWMAN AND BROOKE LLP

Interview with Katie Fillmore

YLA welcomes Katie Fillmore as President of the organization for the 2016-2017 bar year.

AYLA: Let’s start with everyone’s favorite question: Would you tell us a little about yourself? FILLMORE: I grew up in Dallas and then fell in love with Austin when I moved here for my undergraduate degree at the University of Texas. While an undergrad, I worked at the Texas Capitol, which is what sparked my interest in law and policy. I attended Baylor Law School and then worked for the government for several years as a judicial law clerk for the First Court of Appeals in Houston and as a Policy Attorney for the Texas Supreme Court. I’ve been with my firm, Bowman and Brooke, for the past four years and focus on product defense, commercial litigation, and regulatory law. In my free time, I enjoy traveling and running the trail around Lady Bird Lake. AYLA: What are some of your Austin-area favorites? FILLMORE: My favorite restaurants in Austin include Ranch 616, Benji’s, and Hula Hut. I also love all the great outdoor activities in Austin like going out on the lake, hiking the Greenbelt, and swimming at Barton Springs. AYLA: Why did you first get involved with AYLA? FILLMORE: When I first joined AYLA, I had just moved here from 20

AUSTINLAWYER | JULY/AUGUST 2016

Houston and didn’t know many people. I was eager to get involved and meet lawyers in the Austin community. I quickly made a lot of great contacts through AYLA’s networking opportunities. Kennon Wooten, a colleague of mine at the Supreme Court, was an officer in AYLA and encouraged me to attend a board meeting to learn more about the organization and its projects. Kennon connected me with the right people, and I owe my success in the organization to her. AYLA: What are your goals for AYLA this year? FILLMORE: AYLA is a fantastic community service organization, and I hope to continue with that success. I realize that attracting and retaining new young lawyers is essential, so I hope to make our organization welcoming to new members and provide content and programing that interests them. One of my goals is to start an AYLA Ambassador program to welcome and connect young lawyers at every event. Newcomers will always have someone to talk to. Also, I’d like to have an open line of communication at all times with our members, so that I can get their ideas and make sure our organization is serving their interests. AYLA: What do you think are the biggest challenges facing today’s young lawyers in Austin? FILLMORE: I believe that finding the right job opportunities is still a challenge for young lawyers. Although the economy has improved, I think many young lawyers struggle in finding the type of position they are looking for and often have to settle for something just to pay the bills. Additionally, assignments in law firms have changed; many clients now specify they only want a partner to do certain things and

One of my goals is to start an AYLA Ambassador program to welcome and connect young lawyers at every event. Newcomers will always have someone to talk to. no longer pay for an associate to tag along. As a result, I believe young lawyers are not getting the same type of experience as they did in the past. As AYLA President, I hope to implement pro bono opportunities that will allow young lawyers to get experience in the courtroom they might not have otherwise. AYLA: If you could impart one piece of wisdom on the first-year lawyer and make it stick, what would it be? FILLMORE: In Conan O’Brien’s final monologue as host of The Tonight Show, he said something that stuck with me. I put it on a Post-It note and stuck it inside the door of a cabinet so I would see it every day. They are great words to live by: “If you work really hard, and you’re kind, amazing things will happen.” AYLA: What has been your most rewarding AYLA experience so far? FILLMORE: For me, the most rewarding part of AYLA has been the fellowship and getting to know the amazing people in the organization. My non-lawyer friends joke that hanging out with a bunch of lawyers sounds like a nightmare, but (in true lawyer fashion) I have to disagree! I’ve met wonderful friends through AYLA, and it is truly a joy getting to work with everyone. There are also several projects I’d be remiss not to mention. I co-founded a program that pairs volunteer attorneys with children

in foster care who do not have attorneys to represent them. It makes me feel great knowing the program impacted these children’s lives. I also love volunteering at AYLA’s Reindeer Games, which is a holiday party for disadvantaged children and families in the community. It is so much fun interacting with the kids and seeing the joy on their faces! At the end of the day, my cheeks hurt from smiling so much. AYLA: What is your parting message? FILLMORE: I’m so excited and honored to serve as President of AYLA. I want to make sure the organization serves its members’ interests, so please contact me with your ideas. If you’d like to get more involved with our committees, I’d be happy to connect you with the right opportunity. I would love to hear from you! Please feel free to contact me at katie@ayla.org. Lastly, please encourage your friends and colleagues to joinLAWYER AYLA and AUSTIN participate in our events! AL AL

AUSTIN YOUNG LAWYERS ASSOCIATION

Debbie Kelly Celebrates 15th Anniversary with AYLA BY CHARI KELLY, IMMEDIATE PAST-PRESIDENT OF AYLA

f you have ever attended an Austin Young Lawyers Association event, you have met Debbie Kelly. From her warm smile and friendly greeting at the beginning of events to her packing up and loading out at the end of them, she is there making sure everything comes off as planned. In July, we celebrate Debbie’s 15-year anniversary both as AYLA’s Executive Director and the Austin Bar’s Director of Special Events. During her tenure, she has served as coach, cheerleader, and manager of more than 100 AYLA board members. She works tirelessly to ensure every AYLA project is completed in a timely manner and every board is successful. Simply put, she is the glue holding AYLA together. Under her guidance, AYLA has been the most successful it has ever been, winning the American Bar Association’s Young Lawyer Division’s First Place Award for Comprehensive Programming for three of the past five recent bar years—and placing second in the remaining two! Additionally, as testament to Debbie’s contributions as a spectacular event manager, AYLA and the Austin Bar have hosted their largest annual fundraisers to date. Finally, AYLA has received thousands of dollars in grant money from the Texas Young Lawyers Association, Austin Bar Foundation, and the American Bar Association because of Debbie’s tutelage on grant applications. In addition to these professional accomplishments, including raising 15 years of emerging young leaders, Debbie has welcomed her wonderful husband, Scott, and her son, Dane, into the AYLA family. If you know Debbie, you know that she shies from the limelight. In fact, this very article probably embarrasses her! But we all owe her our appreciation for continuing to make our organizations, and the community, better year after year. Please take the time to let her know your appreciation. Congratulations and thank you, Debbie!

AYLA is Here to Help!

s your practice suffering because of a personal crisis? Are you enduring tough times, but don’t know where to turn? The Personal Crisis Assistance Program is here to help in your time of need. PCAP was created in 1996 to support Austin-area attorneys who face an immediate need for temporary financial or practice assistance because of a personal crisis. The objective of this program, funded by the Austin Young Lawyers Association Foundation, is to serve as a protection for lawyers and their clients when personal emergencies harm a lawyer’s practice. PCAP is available to attorneys who work or reside in Travis County and who are eligible for regular membership in AYLA. PCAP includes two levels of

short-term assistance for lawyers in crisis: • Financial—PCAP provides limited grant funds of up to $1,500 to assist an attorney who is unable to fulfill certain practice-related financial obligations because of a personal crisis. • Practice-Related—Attorney volunteers agree to handle professional matters for the affected lawyer during the crises. To apply confidentially for financial or practice assistance, please contact Debbie Kelly at 512.472.0279, x105 or at debbie@ austinbar.org. Regardless of how overwhelming the problem may seem, help is available. You have worked hard to build your career— PCAP isLAWYER here to help you get back AUSTIN on yourAfeet. L AL JULY/AUGUST 2016 | AUSTINLAWYER

50 Austin’s Fifty-Year Lawyers, 1966 - 2016

ustin Bar member and 2015-16 State Bar Chair of the Board, David Chamberlain, introduced the Fifty-Year Lawyers at the State Bar of Texas Annual Meeting on Friday, June 17, 2016. According to Chamberlain, “With over 500 lawyers, the class of 1966 is the largest one yet of those who have reached their 50th career anniversary. Over 50 of those lawyers attended the 2016 State Bar Annual Meeting where

Daniel Lewis Armstrong, III Timothy Lynn Brown* David Claflin* Charles R. Curson William Duane Darling Louis T. Dubuque* C. Fielding Early, Jr. Leo Mortimer Favrot, III Anthony P. Ferris Gene Wilgus Francis Justice Raul A. Gonzalez* Judge Joseph Hart* Sarah H. Haynie William J. Hudspeth, Jr.* Farris Allen Johnson Burrell D. Johnston, Jr. Ronald Kessler Robert Edward Knight*

AUSTINLAWYER | JULY/AUGUST 2016

they each were recognized and honored at the General Session luncheon. We owe a lot to these men and women who have done so much to serve the justice system, our profession, their clients, and the public in general.” Congratulations to the following members of Austin’s legal community whoAUSTIN were recognized in June at the State Bar of Texas LAWYER AL AL Annual Meeting in Ft. Worth.

David I. Kuperman* Joseph B. Latting Skipper Lay* William E. Lee Jon M. Lemon* Jo Betsy Lewallen Lloyd Andrew Muennink Richard Noland* Henry J. Novak, Jr. H. Robert Powell William G. Reid James Reilly William W. Rittenhouse* Marion Sanford, Jr. John William Stayton, Jr. Maxwell Bryant Stout Charles L. Strehli

* Denotes Austin Bar members

“We owe a lot to these men and women who have done so much to serve the justice system, our profession, their clients, and the public in general.”

— David Chamberlain, 2015-16 State Bar Chair of the Board

CLASSIFIEDS OFFICE SPACE Premier Class A office sublease space available at the Mira Vista office complex, 2705 Bee Caves Road. Great access to Mopac, downtown and the airport. Up to 3,000 square feet of sublease space available with reserved parking. Reception, IT support and other office support services available to subtenant. Available now. Single law firm subtenant preferred but will consider subleasing to multiple lawyers. Contact Derek Lewis with Lincoln Property at 512.656.5624 for further information.

Multiple offices available for sublease, starting at $950/mo. Renovated 100-year old house on 12th street, within walking distance to civil and criminal courthouses. Email: leslieboykinlaw@gmail.com. One windowed office available for sublet at 3001 S. Lamar Blvd., Ste. 220, Austin, Texas 78704. Access to conference room included. Plenty of free, surface parking available next to building. Contact karl@doyleseelbach.com for more details.

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, 512.293.9277, or Chellie@ monarchmediainc.com.

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

Apple Leasing . . . . . . . . . . . . . 3 Broadway Bank . . . . . . . . . . . 24 Financial Valuation Services . . . . . . . . . . . . . . . . . . . 10 Foster . . . . . . . . . . . . . . . . . . . . . 9 The Gottfried Firm . . . . . . . 7 Horizon Bank . . . . . . . . . . . . . 22 Lakeside Mediation Center . . . . . . . . . . . . . . . . . . . . 10 Law Office of Tim Whitten . . . . . . . . . . . . . . 13 LawPay. . . . . . . . . . . . . . . . . . . . 2 LexisNexis. . . . . . . . . . . . . . . . . 4 Noelke Maples St. Leger Bryant. . . . . . . . . . . . . . . . . . . . . 14 Patrick Keel . . . . . . . . . . . . . . . 7 Robert M. Cain, MD, PA. . . 14 Smith Law Group . . . . . . . . . 10 St. Clair Coaching. . . . . . . . . 7

SPANISH-SPEAKING ATTORNEYS NEEDED

Texas Lawyers Insurance Exchange. . . . . . . . . . . . . . . . . . 16 Thin-nology . . . . . . . . . . . . . . . 7 Thomas Esparza, Jr. . . . . . . 16

Spanish-speaking Attorneys are Needed in the Following Areas: Bankruptcy Civil Rights Consumer

Employment/Labor Worker’s Comp

» LRS screens middle-income legal consumers who have the ability to pay legal fees. » LRS will waive the first year LRS member dues if you sign up to receive referrals in the above areas. Contact Jeannie Rollo for more information. 512.472.1311. JULY/AUGUST 2016 | AUSTINLAWYER

CELEBRATING

GOOD IS

stepping up to a sophisticated banking strategy.

What is good? Good is focusing on where you are now and where you want to be on your financial journey. Itâ&#x20AC;&#x2122;s having a Private Banker guide you to the solutions that fit your lifestyle. We invite you to elevate your banking experience by accepting our invitation to the Private Bank at Broadway Bank. PRIVATE BANKING | CUSTOMIZED LENDING BUSINESS SOLUTIONS | PORTFOLIO MORTGAGES

Austin Regional Headquarters | 911 W. 38th Street, Suite 100 512.465.6550 | 800.531.7650 | broadwaybank.com Member FDIC | fghfgmn All loans subject to credit approval. Membership qualifications to Private Banking at Broadway Bank apply.