Austin Lawyer, June 2016 by Austin Bar Association

austinbar.org JUNE 2016 | VOLUME 25, NUMBER 5

Law Day Reception Honors Award Winners

he Austin Bar held a Law Day reception on May 3, 2016, on the Terrace at 816 Congress. The event marked the national celebration of Law Day and was attended by approximately 70 people. Law Day is held annually to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. This year’s theme was Miranda: More Than Words, in honor of the 50th anniversary of the landmark Supreme Court case, Miranda v. Arizona. Student winners of the Law Day poster and essay contests were in attendance to receive their awards and special recognition. The students were asked to illustrate or write an essay on “Why should all people be treated fairly even if they are suspected of wrongdoing?” Abigail Scharf, a kindergarten student at Northwest Elementary in Pflugerville, won first place in the kindergarten – 2nd grade age category. Her poster, titled “Give People Another Chance” also won 2nd place in the State Bar of Texas’ Law Day poster contest. Noor Rami Ahmed, a third grade student at Northwest Elementary, won in the 3rd – 5th grade age category for her poster titled “Being Treated Fairly is in the Bill of Rights.” Third place essay winner, Leanna Gonzales, a senior member of the Akins High School Legal Eagles team, won $100 for her essay. Omar Trejo, also a senior from the Akins

the career achievements of Regina Rogoff, former Executive Director of Legal Aid of Central Texas. This year’s recipient was Susan Miller, Deputy Chief of the Civil Medicaid Fraud Division at the Office of the Attorney General of Texas. Miller is a passionately dedicated public servant who ensures all credible, actionable allegations of fraud are pursued to a just and fair resolution for the State’s Medicaid program. She is a role model and mentor for many young attorneys. In every professional endeavor, her decision-making process begins and ends with what is best for the State and its citizens who are dependent upon the Medicaid program for assistance.

PROFESSIONALISM AWARD

TOP: (from left) Judge Eric Shepperd honors Bar Award winners: Susan Miller and Jim McCormack BOTTOM: (from left) Student award winners Jyoti Luu, Omar Trejo, Leanna Gonzales, and Abigal Scharf

High School Legal Eagles team, won $250 for his second place essay. The winning essay came from Bowie

High School junior, Jyoti Luu. Luu received $500 for her efforts. (Read Luu’s essay, The Preservation of Our Liberties on page 9.) Austin Bar President Judge Eric Shepperd presented the following Austin Bar Association Awards:

REGINA ROGOFF AWARD This annual award from the Austin Bar Association recognizes outstanding public sector service and serves as a lasting tribute to

The Austin Bar Association, in partnership with the Texas Center for Legal Ethics, annually presents this award to honor an Austin attorney who best exemplifies, by conduct and character, truly professional traits; who others in the bar seek to emulate and who all in the bar admire. This year’s Professionalism Award winner was Jim McCormack. McCormack is a past chairman of the Board of Trustees for the Texas Center for Legal Ethics and is currently the Editor-in-Chief of the Texas Ethics Exchange. An expert in legal ethics and malpractice issues, he is the former General Counsel and Chief Disciplinary Counsel of the State Bar of Texas, and he served as a member of the State Bar’s Disciplinary Rules of Professional Conduct Committee, which is charged with recommending amendments to the Texas ethics rules. He has taught professional responsibility as an adjunct professor at the University of Texas School of continued on page 8

CONTENTS

AUSTINLAWYER JUNE 2016 | VOLUME 25, NUMBER 5 AL A L INSIDE FEATURED ARTICLES

DEPARTMENTS

CONNECTIONS

Law Day Reception Honors Award Winners

Presidentâ&#x20AC;&#x2122;s Spotlight

Austin Bar Association and AYLA Board and Officers Elected

Opening Statement

ONLINE austinbar.org

Lloyd Lochridge Honored with Lifetime Achievement Award

Briefs

Austin Bar Hosts CLE Seminar for Specialty Bar Associations

3 Court of Appeals Update

Lawyers for Literacy Bring Books to Courthouse

Entre Nous

Winstead Announces 2016 Scholarship Recipients

AYLA

Managing the Risk of Workplace Violence

Classifieds /Ad Index

Two Austin Lawyers Receive Outstanding 50 Year Lawyer Award from the Texas Bar Foundation

ONLINE

FOLLOW twitter.com/theaustinbar

NEWS & ANNOUNCEMENTS

EVENTS & MORE

The State Bar of Texas Announces the 2016 Stars of Texas Bars Awards

JUN 24 Members Only

Member Spotlight: Nikki Maples The member spotlight is a recurring feature on the Austin Bar website. Contact Kelli Horan if you, or someone you know, would like to be considered for a spotlight.

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

austinbar.org

The Austin Bar sweeps awards, winning in multiple categories including the Award of Merit for overall programming and projects and the Star of Achievement for the Self-Represented Litigant Project. See complete listing of awards at austinbar.org.

EMAIL Nancy@austinbar.org

4th Friday CLE Topic: Legal Writing

WATCH vimeo.com/austinbar TEXT austinbar to 313131 for up-to-date news + info Message & data rates may apply.

Speaker: Professor Wayne Schiess, Senior Lecturer; Director, The David J. Beck Center for Legal Research, Writing, and Appellate Advocacy RSVP at austinbar.org

JUNE 2016 | AUSTINLAWYER

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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Austin Bar Association and AYLA Board and Officers Elected Welcome Five New Board Members to the Austin Bar and AYLA Board of Directors

ongratulations to the newly elected officers and directors of the Austin Bar Association and AYLA. The new leadership will take office July 1, 2016. D. Todd Smith was elected Treasurer of the Austin Bar Association Board of Directors. Smith will join incoming President Leslie Dippel, President-Elect Amy Welborn, and Secretary Adam Schramek as an officer of the Board.Â David Courreges, Blair Dancy, Chari Kelly, and Cindy Saiter ran unopposed for seats on the Austin Bar Board of Directors, with terms expiring in 2018. They join Amanda Arriaga, Laura Merritt, Amanda Taylor, and Kennon Wooten, whose terms expire in 2017. In the AYLA race, Andrew Cates, Franklin Hopkins, Rachael Jones, and Erin Smith were elected to the Board of Directors with terms expiring in 2018, joining Sandy Bayne, David King, Jessica Palvino, and Andrea Rose, whose terms expire in 2017. Incoming President Katie Fillmore, President-Elect Austin Kaplan, Treasurer Jorge Padilla, and Secretary Drew Harris, all ran AUSTIN LAWYER unopposed. AL AL

FROM LEFT: D. Todd Smith, newly elected Treasurer of the Austin Bar Association; Andrew Cates, Franklin Hopkins, Rachael Jones, and Erin Smith, newly elected members of the AYLA Board of Directors.

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

We Made a Difference and It Mattered

AT RIGHT: Judge Shepperd at the beginning of his term. ABOVE: Judge Shepperd at the end of his term.

IT’S BEEN QUITE A YEAR. Who knew the rigors of the Austin Bar presidency would age me so much?! Rather than scaring President-Elect Leslie Dippel to death, I will confess the picture at right was taken when I was a teenager. So maybe my year as president wasn’t the culprit. It may not have caused the hair loss, but it has been a year full of changes with many meetings, programs, events, and initiatives coming to life. We’ve accomplished much. And yet, there is still so much more to do. I’m reminded of a story you’ve probably heard before about the starfish. To paraphrase, an old man was walking along the beach when he noticed a young boy picking up

I have spent a lot of time throwing starfish back into the ocean in my life. Thank you for allowing me the privilege of serving as the president of the Austin Bar Association this year and for joining me in that endeavor. starfish and throwing them, one by one, back into the ocean. “What are you doing?” asked the man. “Throwing starfish into the ocean. The tide has washed them up onto the beach and they can’t return to the sea by themselves. When the sun gets high, they will die unless I throw them back into the water,” replied the boy. The old man said, “But there must be thousands of starfish on this beach. I’m afraid you won’t be able to make much of a difference.” The boy bent down, picked up another starfish, and threw it as far as he could into the ocean, saying, “It made a difference to that one!” As I reflect on what the Austin Bar has done in the past year, I am reminded of how many starfish

AUSTINLAWYER | JUNE 2016

we’ve picked up and thrown together. These are a few examples: We started the #austinbarinaction campaign to showcase the ways in which the Austin legal community is in action in our community, doing good and helping others. We championed the cause of having safe, secure, and accessible access to justice for the citizens of Travis County by supporting the bond election to build a new Travis County Civil and Family Courts Complex. Sadly, the bond failed, and the work continues. With funding received by the Texas Access to Justice Commission, we hired Doug Lawrence as a staff attorney to oversee and expand the Free Legal Advice Clinic for Veterans. We purchased insurance so lawyers who work on pro-bono projects for the Austin Bar are covered by the American Bar Association’s malpractice insurance. We launched the Austin Bar in Action’s Self-Represented Litigant Project, also under Lawrence’s purview. Lawrence and volunteer attorneys help the working poor of Travis County in the Self-Help Center by answering questions and helping with filling out forms. They also assist with such things as obtaining occupational driver’s licenses and name changes. The project was recently awarded the Star of Achievement in the State Bar of Texas’ Stars of Texas Bars Awards for being an outstanding project among bar associations in all divisions. A new partnership was formed with the Akins High School Legal Eagles program to provide students interested in the field of law an opportunity to visit the courthouse and interact with judges and lawyers throughout the year. The program received the Stars of Texas Bars Outstanding Partnership Award. A new scholarship was offered by the Austin Bar Foundation and the

Austin LGBT Bar to benefit Texas LGBT and ally law students. The inaugural Joseph C. Parker Jr. Diversity Award was presented to Judge Lora Livingston at the 13th annual Austin Bar Foundation Gala. This column, The President’s Spotlight, showcased the terrific work being done by organizations like Seedling Foundation, American Gateways, CASA, and VLS. The column also won a Stars of Texas Bars Award for best series/general interest column in a Bar publication. As the picture above attests, I have spent a lot of time throwing starfish back into the ocean in my life. Thank you for allowing me the privilege of serving as the president of the Austin Bar Association this year and for joining me in that endeavor. We made a difference to those we came AUSTIN into contact with. We LAWYER saved a few. And it mattered. AL AL

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Law Day Reception continued from cover

Law, and now has his own practice emphasizing legal ethics and legal malpractice consultation. AYLA President Chari Kelly and President-Elect Katie Fillmore, presented the following AYLA awards:

MENTOR AWARD The Mentor Award is given each year to an attorney who has consistently demonstrated a commitment to mentoring young attorneys in the legal community. This year’s Mentor Award was presented to Tina Amberboy, Executive Director of the Supreme Court of Texas Judicial Commission for Children, Youth and Families. Amberboy is dedicated to educating judges, attorneys, and the public about Child Protective Services cases and the court system. She has mentored many young attorneys who have interned at the Judicial Commission for Children, Youth and Families. She regularly conducts training so judges and attorneys are aware of best practices, changes to the law, and issues they might have to face in CPS cases. In addition, she teaches a family rights and litigation class to law students at Baylor Law School where she serves as an Adjunct Professor.

LIBERTY BELL AWARD AYLA presents the Liberty Bell Award annually to a non-lawyer who has strengthened the effectiveness of the justice system by instilling better understanding and appreciation of the law. This year’s winner was Lisa Rush, Manager of the Travis County Law Library and Self-Help Center. Rush ensures every person who walks through the door of the Travis County Law Library and Self-Help Center is greeted warmly and provided with resources to help them get the legal resolution they seek in a timely and expeditious manner. Her dedication to improving the experience citizens of Travis County have in the Self-Help Center has helped revolutionize the way in which self-represented litigants are served on a daily basis. Her passion for helping the working poor of Travis County has resulted in a partnership with the Austin Bar in which attorney volunteers assist patrons with uncontested civil law matters ranging from occupational driver’s licenses, expunctions, divorces, and landlord-tenant issues.

Through its grant program, the Foundation furthers its mission to improve public awareness of the legal system, the administration of justice, and the delivery of legal services.

OUTSTANDING YOUNG LAWYER Each year, AYLA presents the Outstanding Young Lawyer Award to honor a young attorney who exhibits professional excellence, service to the profession, and service to the community. Jacquelyn Wilson, Travis County Office of Parental Representation, was the 2016 recipient of this award. Wilson assists parents who have had their children removed, or are at risk of having their children removed, by the Texas Department of Family and Protective Services. She has been an active supporter of the legal profession and the Austin legal community, having served on the board of the AYLA and TYLA. In addition to her service to the profession, she serves the Austin community as president of the Wright House Wellness Center, which 8

AUSTINLAWYER | JUNE 2016

FOUNDATION GRANTS

FROM TOP: (from left) AYLA President-elect Katie Fillmore with AYLA award winners, Lisa Rush, Tina Amberboy, and Jacquelyn Wilson, and AYLA President, Chari Kelly; (from left) Judge Shepperd, Toya Bell and Judge Earle; Third grade student Noor Rami Ahmed’s winning poster; Kindergarten student Abigail Scharf’s winning poster; Foundation Grant Winners: (from left) Chari Kelly, AYLA President; Dale Propp, Director, Texas State Law Library; Laura Wolf, Executive Director, CASA; and Alissa McCain, Executive Director, TALA.

Judge Elisabeth Earle and Toya Cirica Bell, on behalf of the Austin Bar Foundation, presented four organizations with grants totaling $16,000, bringing the Foundation’s total grant giving to $102,253 since it began awarding grants in 2012. Through its grant program, the Foundation furthers its mission to improve public awareness of the legal system, the administration of justice, and the delivery of legal services. The 2016 grant recipients were:

• Austin Young Lawyers Association $1,000 was given to fund Austin Law Tube. This video project will serve as a practical introduction for young lawyers to the Austin legal community, including the basics of the Austin courthouses, local rules, the civil, central docket system, and how to be involved with the Austin Young Lawyers Association.

The Preservation of Our Liberties BY JYOTI LUU, WINNING LAW DAY ESSAYIST & BOWIE HIGH SCHOOL JUNIOR

• Texas State Law Library $5,000 was given for professional digitation of the Texas historical statues which are unavailable anywhere online. These historical statutes are the basis for modern law. With the grant funding, the library will professionally scan and personally host the 1962, 1964, 1968, and 1970 supplements, as well as continue to market these new resources to attorneys and the public.

• Court-Appointed Special Advocates (CASA) of Travis County $5,000 was given for the creation of videos for online volunteer training. Grant funds will be used to make training videos as part of an online training module for prospective volunteer advocates. This will allow volunteers to complete their training faster and be available to take new cases sooner than in the past.

• Texas Accountants and Lawyers for the Arts (TALA) $5,000 was given to fund educational programming for low-income artists. The grant funds will allow TALA to produce eight educational legal seminars and two legal clinics for Austin artists. Seminars will provide business skills for entrepreneurial artists and small art nonprofits. These seminars will promote better understanding of legal business principles and serve primarily low-income participants that would otherwise not have access to attorney guidance. Special thanks goes to the Law Day Committee co-chairs Judge Amy Clark Meachum and Shannon Meroney, and members of the Law Day Committee for organizing the reception and judging the student contests; and to members of the Foundation Grant Committee, Toya CiricaLAWYER Bell, Laura Merritt, and Amy AUSTIN Welborn. AL AL

ll people should be afforded fair treatment in criminal procedures in order to protect our inalienable rights and liberties. Furthermore, these liberties must be safeguarded in order to maintain our nation’s representative democracy and to protect individuals from government abuse of power. The Constitution, created in 1787, is the basis for our government and plays an essential role in protecting the liberties of an individual. Several amendments in the Constitution, such as the Fifth and Sixth Amendments, help establish credibility and dignity for all people. The Fifth Amendment states that “[no] person shall be held to answer,” and the Sixth Amendment states that “[in] all criminal prosecutions, the accused shall enjoy the right ... to have the assistance of counsel for his defense” ( U.S. Constitution. amend. V and VI). These two important amendments make up the Miranda Warning which prevents a person from self-incrimination during arrest or custodial interrogation and guarantees the right to counsel. Without the assistance of counsel guaranteed by the Sixth Amendment, many criminal defendants might not realize that they have potential defenses and mitigating circumstances, such as drug and alcohol addiction and mental disorder. Innocent individuals are convicted, then the justice system fails to fulfill its duty to preserve an individual’s liberties. In addition, the conviction of innocent individuals leads to a stressful, time-consuming, and financially burdensome appeal process. In order to avoid this situation, it is important that the justice system makes the conviction process difficult so that individuals are not wrongly convicted, and the unfair loss of an individual’s rights is prevented. In the 1960s, criminal procedure often involved physical violence to elicit false confessions from suspects. Confessions were, and still are, extreme-

The Miranda Warning reminds individuals of their civil liberties and helps protect the freedom of all people. ly valuable because they may be the dispositive evidence in a case. In Miranda v. Arizona , Ernesto Miranda was arrested for the kidnapping and rape of an 18-year-old woman. Miranda wrote a confession letter during the interrogation, but at his trial, his attorney claimed that the letter was invalid because Miranda was not informed of his constitutional rights. Miranda first appealed to the Supreme Court of Arizona, which upheld the conviction, and then proceeded to appeal to the U.S. Supreme Court where five to four judges voted that the confession could not be counted as valid, evidence against him because the police did not inform Miranda of his right to an attorney and his right to remain silent. Due to this case and several others, the court instituted the Miranda Warning, which prevents involuntary confessions, the deprivation of an individual’s liberty, and government abuse of power. The Miranda Warning reminds individuals of their civil liberties and helps protect the freedom of all people. The Constitution is at the root of all our fundamental liberties and is ingrained in our nation in prominent ways like the Miranda Warning. The principles established in the Constitution are essential for maintaining a balance between individual and governmental power and help to preserve the liberty and justice we prize in our great nation.

JUNE 2016 | AUSTINLAWYER

AUSTIN BAR FOUNDATION

Lloyd Lochridge Honored with Lifetime Achievement Award Lawyers for Lloyd Raises Funds for Legal Assistance Projects

n May 12, 2016, more than 100 people gathered at McGinnis Lochridge to honor 98-year-old veteran and pillar of the legal community, Lloyd Lochridge, with a Lifetime Achievement Award. The Lawyers for Lloyd event also served as a fundraiser for the Austin Bar Foundationâ&#x20AC;&#x2122;s Legal Assistance Projects: The Free Legal Advice Clinic for Veterans and the Self-Represented Litigant Project. Lochridge has long been a champion of providing legal services for the poor, with not only a great respect for the law, but an even greater respect for people. He has a deep and abiding belief all people, regardless of income, deserve to have access to legal services. After retiring as a Lieutenant Commander in the U.S. Navy, Lochridge was licensed to practice

in Texas in 1945 and began his career in Mission, Texas, working with clients in McAllen and across the Rio Grande Valley. In 1959, he became a partner in the firm that would later become McGinnis Lochridge. Lochridge has been practicing law for 71 years. At 98, he still gets up almost every day, goes into the office, and greets everyone he sees. Throughout his long life and career, his leadership, mentorship, and integrity has served as a guiding light to everyone he has come into contact with. The event raised more than $30,000 for the Foundationâ&#x20AC;&#x2122;s Legal Assistance Projects. Special thanks to Randy Howry, Laura Sharp, Debbie Daniels, Manuel Esobar, Jessica Palvino and Jo Ann Merica, for their help in making the event a success, and to all theAUSTIN sponsors LAWYER who contributed to the fundraising A effort. L AL

LAWYERS FOR LLOYD

CLOCKWISE FROM TOP LEFT: Judge Orlinda Naranjo congratulates Lochridge; Judge Eric Shepperd presents Lochridge with award; Austin Bar staff attorney, Doug Lawrence, described the Legal Assistance Projects and joined Judge Shepperd, Judge Elisabeth Earle and Dirk Jordan in honoring Lochridge; Photograph of groundbreaking for the State Bar Building at 14th and Colorado with Lochridge, Chief Justice Joe Greenhill, and Judge John Onion; The Lifetime Achievement Award, designed by Austin glass artist, Leigh Taylor Wyatt.

AUSTINLAWYER | JUNE 2016

OPENING STATEMENT

Case Illustrations Part 3: Explanatory Parentheticals BY WAYNE SCHIESS, TEXAS LAW /LEGALWRITING.NET

his is the third of three columns on case illustrations. In analytical and persuasive legal writing, effective writers illustrate the cases they use. We’ve already discussed thesis sentences (Part 1) and full case illustrations (Part 2). This column discusses how to illustrate cases with explanatory parentheticals. Again, imagine you’re an insurance-defense lawyer writing about a workers’ compensation “course and scope” issue. Your analysis focuses on whether the employer impliedly required the employee to participate in a recreational activity. We know The Bluebook’s rule: “Explanatory information takes the form of a present participial phrase, a quoted sentence, or a short statement that is appropriate in context.” Rule 1.5(a). This means that unless you’re giving a quick example or quoting from the case, you should start with an -ing verb. You’ll also want to be efficient — conveying as much information as possible in a compact way. Prescribing a word limit for parentheticals is tricky. I’m tempted to suggest 35 words or fewer with an aspirational goal of 25. But context and the complexity of your case or the precedent case may justify exceptions. So use good judgment (and note the key reminder below). Here’s an example: 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. Mersch v. Zurich Ins. Co., 781 S.W.2d 447, 450 (Tex. App.—Fort Worth 1989, writ denied) (Concluding participation in a company softball game was not required despite the employee’s testimony that “other people do kind of look up to me,” so she felt an obligation to participate). To create effective explanatory parentheticals, I’ll offer two dos, two don’ts, and a key reminder. For more guidance, consult Michael R. Smith’s book Advanced Legal

Writing, which contains a short but excellent section on parentheticals.1 Do use a parenthetical for a rule-based analysis. Sometimes you don’t have factually analogous cases, so you need to apply a legal rule to your own facts by simply explaining how the rule leads to a result. Because you won’t be making analogies, you don’t need full case illustrations. Yet a good explanatory parenthetical still provides context for the rule, making it concrete for the reader. So state the legal rule, cite the case, and append the parenthetical explanation, like this: When an injury-causing recreational activity benefits the employer only through employee morale, the activity is outside the course and scope of employment. Burnett v. INA, 810 S.W.2d 833, 837-38 (Tex. App.—Fort Worth 1991, no writ) (Rejecting an employee’s assertion that participation in a company softball game was impliedly required; the employee had argued “an atmosphere of teamwork and cooperation was fostered”). Do use a parenthetical for examples after a general assertion. If you offer a general assertion — of a legal standard or rule — and you’d

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CASE ILLUSTRATIONS

Even though explanatory parentheticals have their place in legal writing, don’t fall in love. No matter how effectively you craft them, to some degree an explanatory parenthetical sends the message, “Don’t read me. I’m not that important.” like to support your assertion with some concrete case-law examples, explanatory parentheticals can work. State the assertion, cite a case, and then cite additional cases with parentheticals appended; each parenthetical offers an example. Don’t use an explanatory parenthetical when you’ll be making analogies or distinctions. Instead,

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And finally, a key reminder: Even though explanatory parentheticals have their place in legal writing, don’t fall in love. No matter how effectively you craft them, to some degree an explanatory parenthetical sends the message, AUSTIN“Don’t LAWYER read me. I’m not that important.” AL AL Michael R. Smith, Advanced Legal Writing: Theories and Strategies in Persuasive Writing 56-64 (3d ed. 2013). 1

write a concise yet thorough case illustration. This is a corollary to the first do, but it’s worth emphasizing. If you know you’ll be analogizing or distinguishing a precedent case, relegating it to an explanatory parenthetical is a poor choice. Don’t use explanatory parentheticals for important cases. Never relegate a key case to a parenthetical. JUNE 2016 | AUSTINLAWYER

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MINORITY BAR SPOTLIGHT

Austin Bar Hosts CLE Seminar for Specialty Bar Associations Specialty Bar Associations Collaborate to Present Rising Up: How to Elevate Your Law Practice

tin Law Department, and Marcos n Tuesday, March 29, Mendoza of Texas Association of 2016, the Austin Bar School Boards, shared insights on Association partnered how to be considered for business with several specialty with outside entities. bar associations including the The seminar was sponsored by Austin Black Lawyers Associathe Sarah Jaffrey Law Firm and tion, Hispanic Bar Association of the State Bar of Texas Hispanic Austin, and the South Asian Bar Issues Section. Their generous Association, to conduct a CLE sponsorships allowed members of seminar titled Rising Up: How to the specialty associations to attend Elevate Your Law Practice. About the seminar for free or at a reduced 40 attorneys of all ethnicities rate. Attendees were very positive in were in attendance. Many were their evaluation of the seminar and solo practitioners, worked in indicated the information obtained small firms, or had just taken the would be extremely helpful in their bar exam in February. The topics day-to-day practices. ranged from “Top Tech Tips” by The CLE seminar was part of the Dirk Jordan and Richard Jung, continued effort to strengthen the “Best Practices for Billing” by collaboration between the various Corinne Sumpter and Jodi Lazar, specialty bar associations. Future to a social media discussion led collaborations among the groups by Hon. Eric Shepperd, President are being planned to help fulfill this of the Austin Bar Association. AUSTIN LAWYER mission. AL AL Debora Thomas of the City of Aus-

Marcos Mendoza of Texas Association of School Boards, and Debra Thomas, Deputy City Attorney for the City of Austin, join Judge Lora Livingston for a panel discussion on Gaining Business from General Counsel.

Lawyers for Literacy Bring Books to Courthouse

he Austin Bar Association’s Law-Related Education Committee, in an effort to expand its Lawyers for Literacy program, has partnered with BookSpring to bring free books to the children of Travis County. The program began on May 16, 2016 when books were made available to children who visited the HMS Travis County Courthouse. Not only are children encouraged to read

zation whose mission is to provide reading experiences, tools, and books to children and their families so they can develop a desire to read and succeed in school and in life. They have graciously agreed to supply the books for the program. In turn, the Austin Bar Association will continue to support BookSpring with regular book drives and volunteer opportunities. Initially, books are available on the 5th floor of the courthouse,

Not only will children be encouraged to read as much as they would like while at the courthouse, they will be allowed to take one book home. as much as they would like while at the courthouse, they are allowed to take one book home. District Judge Karin Crump brought the idea to the Law-Related Education Committee and is overseeing the new program. BookSpring is a non-profit organi-

outside of the 250th District Court. Plans for the future include additional book stations on the 4th floor and in the Travis County Law Library and Self-Help Center located in the Ned Granger Building. Other locations in various city and county

court facilities will be explored in the near future. The Law-Related Education Committee would like to encourage the membership, sections, and committees of the Austin Bar to consider organizing book drives in support

of the program, BookSpring, and the Lawyers for Literacy program. If you would like more information on the program, donating books, or volunteering, please contact David Courreges at 512.765.4951, or AUSTIN LAWYER david@courregespc.com. AL AL JUNE 2016 | AUSTINLAWYER

Winstead Announces 2016 Scholarship Recipients Winstead Juris Doctor Scholarship Targets Diverse Candidates

aw firm Winstead PC is proud to announce the three recipients of the 2016 Winstead Juris Doctor Scholarships, a program designed to benefit exceptional first-year ethnically diverse law students from the University of Houston Law Center, the University of Texas School of Law, and Southern Methodist University’s Dedman School of Law. The scholarship recipients are Felix Eyzaguirre from UH, Judy Schweinfurth from UT, and Efren Lemus from SMU. The scholarship selection process begins with submission of a written application, a 500-word personal statement, a transcript of first-semester grades, and the candidate’s résumé. In addition to a cash award, each winner is offered a position in Winstead’s Summer Associate Program. This is the ninth year of Winstead’s Juris Doctor Scholarship program. Schweinfurth was part of multiple leadership organizations while attending classes at the University of Texas School of Law, including a presidency term for the Texas Undergraduate Law Review. She was also active in the Austin community as a volunteer for Ronald McDonald House. A unique feature of Winstead’s scholarship award is a $1,500 grant presented to each winner’s student interest group of choice. In the case of this year’s winners, Winstead will present $1,500 to the Hispanic Law

A unique feature of Winstead’s scholarship award is a $1,500 grant presented to each winner’s student interest group of choice.

Students Association at the University of Houston on behalf of Eyzaguirre, the Asian Law Students Association at the University of Texas on behalf of Schweinfurth, and the Hispanic Law Students Association at Southern AUSTIN LAWYER AL AL Methodist University on behalf of Lemus.

Pete Winstead (L), and Stuart Whitehead (R), award scholarship to Jody Schweinfurth.

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

ion

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AUSTINLAWYER | JUNE 2016

Managing the Risk of Workplace Violence How to Create a Plan to Prevent and Address a Potential Threat BY KEVIN S. MULLEN

oughly 20 percent of violent crime occurs in the workplace, resulting in two million worker injuries annually. Injuries and fatalities are not the only consequences of workplace violence: Workplace fatalities attributed to violence are estimated to cost employers $800,000 per incident. Although the stakes are high, and workplace violence incidents have received extensive media attention, most employers have no formal plan for addressing this threat. With increasing regularity, the Occupational Health and Safety Administration issues citations to employers who fail to address the potential for workplace violence. Almost invariably, when employees (or patrons) are killed or injured in a workplace violence incident, the employer is sued for negligence — multi-million dollar verdicts and publicly-reported settlements abound. While Texas employers with workers’ compensation may be protected from employee claims, exemplary damages can be recovered by survivors if gross negligence is proven, and there is no protection from claims by injured customers or vendors. Moreover, defending such claims is an expensive, high-stakes proposition. Prudent employers minimize threats to employees and customers and insulate themselves from liability by creating and implementing a plan for preventing and addressing workplace violence. First, establish a “zero tolerance” policy for workplace violence that (a) includes a robust reporting component encouraging employees to “see something — say something,” (b) assures employees concerns will be promptly investigated, and (c) prohibits retaliation for good faith reports of threatening conduct. Next, supervisors and managers should be educated and trained to spot early warning signs and report such signs rather than simply assuming an employee is “just blowing off steam” or “going through

a tough time at home.” In the aftermath of nearly every workplace violence incident, investigators discover many overlooked warning signs by the perpetrator’s co-workers or supervisors. Third, assess the work environment itself, increase security measures if necessary, and educate employees on responding to a workplace violence scenario. Do the customers your company services have a propensity for violent conduct? If so, consider installing a “panic button” device by which security can be quickly and silently summoned. Are your premises and employee parking lots well lit? Are there multiple entrances, and, if so, how are they secured? What is your stance on guns in the workplace? If you wish to prohibit guns in Texas, you must comply with the posting requirements of Tex. Penal Code §§ 30.06 and 30.07 (but employees maintain the right to keep a firearm and ammunition inside a locked personal vehicle). Provide training to all employees on the actions they should take if an active shooter enters the workplace (an excellent resource is the City of Houston/Homeland Security-produced video, “Run, Hide, Fight,” which can be accessed at http://bit.ly/1OxPHdA. Fourth, before an incident ever arises, employers should assemble a standing threat assessment and response team. This team should consist of permanent members (typically a company leader, human resources professional, experienced in-house or outside legal counsel, security professional/law enforcement liaison, threat assessment professional, and public relations advisor) and be augmented with incident-specific members (i.e., the threatening employee’s supervisor). Having this team in place before an incident saves valuable time and promotes a cohesive, multi-faceted, effective response strategy. In their worthy quest to minimize workplace violence, employers must be careful to avoid violating employment-related laws. Although an employer may understandably

Prudent employers minimize threats to employees and customers and insulate themselves from liability by creating and implementing a plan for preventing and addressing workplace violence. wish to screen out job applicants who have prior criminal convictions, it must ensure background check procedures comply with the Federal Fair Credit Reporting Act and background checks are not disproportionately affecting minority applicants (a topic of recent high-profile suits by the EEOC). Closer to home, the City of Austin recently became the first Texas municipality to “ban the box,” when it passed an ordinance prohibiting most employers from asking about criminal convictions until a conditional job offer has been made. See http://bit.ly/1R6q9nI. Frequently, employees who engage in threatening behavior suffer

from psychological disorders, which may shield them from discipline under the Americans with Disabilities Act. Even an employer with the best of intentions may find itself on the wrong side of a defamation or invasion of privacy suit if false or private information about an employee is provided to third parties. A qualified employment lawyer or human resources professional should always be consulted to minimize exposure to claims like these. Although no employer can completely eliminate the threat of workplace violence or the litigation it spawns, careful planning can significantly mitigate these LAWYER risks, and, AUSTIN more importantly, saveA lives. L AL Kevin S. Mullen is a cofounder of Littler Mendelson, PC’s Austin office, which opened Sept. 1, 2015. Mr. Mullen frequently advises employers on workplace violence issues and is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. He can be reached at kmullen@ littler.com.

JUNE 2016 | AUSTINLAWYER

BRIEFS NEW MEMBERS The Austin Bar welcomes the following new members: S. Erik Combs Kyle Farrar Leo Figueroa Payal Jethva Kevin Kudlac Samantha Kuhn Maia Levenson Jonathan Levy James McCormack Carol Meier Raza Merchant Allison Moore David Morales Kathleen Morgan Matthew Neill Amy Pattillo Patricia Peterson Amy Prescott Philip Rodgers Gunnar Seaquist Jonathan Smith Elizabeth Stafki Timothy Stostad William Teten Brian VandenBosch Aaron Vargas

Bain, Goleman, Johnson, and Lin

AWARDS P. Lindley Bain was selected to the 2016 Texas Super Lawyers Rising Stars. Bain is part of Austin firm Goranson Bain, focusing on family law issues. The Asian Pacific Interest Section of the State Bar of Texas honored Albert Lin, a partner at Husch Blackwell, and Ketan Kharod of the Kharod Law firm. Lin received the 2016 Justice David Wellington Chew Award for his selfless contributions to the Asian-American legal community in Texas. Kharod received the 2016 APIS Pro Bono Award.

winning both in the legal category and Austinite of the Year. Kaplan is an employment law and civil rights attorney and litigator and founder at Kaplan Law Firm.

NEW TO THE OFFICE The Kaplan Law Firm hired a new associate attorney, Eleanor D’Ambrosio. She is a graduate of the University of Texas School of Law and was named a Public Service Scholar for her commitment to promoting public interest in law. D’Ambrosio also served as the student liaison to the board of the Austin Young Lawyers Association.

The Environmental Law Institute recognized Austin-based environmental attorney, Kinnan Goleman, as one of 24 pioneers in the field of environmental law in their online collection for Earth Day 2016.

The Snell Law Firm announced the addition of Jeff Johnson as Senior Counsel. Johnson focuses on an array of civil litigation matters, including business, real estate, construction, and class action litigation.

Austin Kaplan was honored by the Austin Under Forty Awards,

Graves, Dougherty, Hearon & Moody announced Martin T. Lutz

as a shareholder in Austin. Lutz focuses on corporate and securities as well as international law. Shackelford, Bowen, McKinley & Norton hired William “Bill” Hopkins as a partner and Susan G. White as counsel for the firm.

MOVING ON UP Kevin Henrichson has been announced as partner at Byrd Davis Alden & Henrichson. He has been at the firm for 13 years and focuses on cases involving vehicle, aviation, and construction accidents as well as medical malpractice and product defects.

CORRECTION In the May 2016 issue of Austin Lawyer, Chesley Blevins’ name was incorrectly spelled in the list of Austin Bar Foundation Fellows on page 10.

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AUSTINLAWYER | JUNE 2016

3 RD COURT OF APPEALS UPDATE

The following are summaries of selected civil opinions issued by the Third Court of Appeals during April 2016. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of May 3, 2016. Public Information Act: Personal email addresses subject to disclosure. The Austin Bulldog v. Leffingwell, No. 03-13-00604-CV (Tex. App.— Austin April 8, 2016, no pet. h.). The Austin Bulldog sought emails between certain city officials. City produced the information but redacted City official’s personal email addresses. The district court granted City’s summary judgment. The PIA’s member-of-the-public email exception makes confidential a member of the public’s email address. According to the court of appeals, “member of the public” when used in relation to another group means anyone who is not part of the other group. The court held that “member of the public” in PIA §552.137 does not include a person who is part of the governmental body that communicated via email. The personal email addresses were not protected when transacting official business. The court reversed and rendered. Governmental immunity: Failure to supervise students is not operation or use of a vehicle. Austin Indep. Sch. Dist. v. Salinas, No. 03-14-00209-CV (Tex. App.— Austin April 14, 2016, no pet. h.)

(mem. op.). Salinas sued AISD for her son’s injuries sustained after he opened the back door and jumped from a moving school bus. The trial court denied AISD’s plea to the jurisdiction. The court of appeals noted under TCA §102.021(1), a school district is not liable for personal injury proximately caused by a negligent employee unless the injury arises from the operation or use of a motor-driven equipment. For bus incidents, injuries arising from passenger supervision does not arise from the operation or use of a vehicle. Salinas’s allegations related to the driver’s failure to supervise and not from the operation or use of the bus. Accordingly, immunity was not waived. The court reversed and rendered. Discovery sanctions: Monetary sanction applied to ultimate recovery reversed. U.S. Foodservice, Inc. v. Winfield Project Mgmt., LLC, No. 03-1400405-CV (Tex. App.—Austin April 20, 2016, no pet. h.) (mem. op.). U.S. Foods sued for breach of contract. Shortly before trial, Winfield discovered U.S. Foods had failed to disclose a settlement with a co-defendant. As a sanction, the trial court doubled the amount of the undisclosed settlement as an offset to any damages awarded. The trial court granted U.S. Foods a directed verdict offset by the $3,000 discovery sanction. U.S. Foods did not challenge the $1,500 dollar-for-dollar settlement offset, but challenged the doubling of the settlement amount. The court of appeals concluded there was no

evidence to show any relationship between the improper conduct and harm to Winfield. Winfield presented no evidence of incurring additional attorney’s fees or expenses attributable to the nondisclosed settlement. The court concluded the sanction was a prohibited arbitrary penalty unrelated to any harm and reversed. Attorney’s fees: Billing records required to support attorney’s fees award. Barton Creek Senior Living Ctr., Inc. v. Howland, No. 03-13-00854CV (Tex. App.—Austin April 28, 2016, no pet. h.) (mem. op.). The Howlands contracted with Querencia at Barton Creek for a care plan. Querencia later terminated the contract and ordered the Howlands to vacate the premises. Ms. Howland prevailed on her breach of contract claim and was awarded attorney’s fees. The trial court excluded Howland’s attorney’s billing records because they did not segregate between claims on which she prevailed and those on which she did not, and because the bills were not sufficiently detailed. Howland’s attorney testified to hours worked, hourly rates, and to the reasonableness and necessity of both. The court of appeals concluded the jury did not have detailed information to assess the reasonableness and necessity without having the billing records. The court affirmed on the merits but reversed and remanded AUSTIN LAWYER on attorney’sAfees. L AL

Laurie Ratliff is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is a shareholder with Ikard Golden Jones. From 1998 through 2001, she was a staff attorney with the Third Court of Appeals.

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JUNE 2016 | AUSTINLAWYER

ENTRE NOUS

Let Me Hold You Very Closely BY CLAUDE DUCLOUX

just love this new power. It’s brilliant. It’s unassailable. It should be called “the Religion Card.” You respectfully decline to do what you don’t like or don’t want to do with “closely held religious belief.” Oooh... talk about your slippery slope. Let’s all jump on this cultural bobsled together. Hold on. In many ways throughout my life, I could have used this to promote my peace, tranquility, and personal enjoyment. Now, I have always been Catholic, as well as an altar boy who had to memorize the various prayers in Latin to recite during my three-year tour of duty in pre-Vatican II days. Ad deum qui laetificat juventutem meam, if you get my drift. I was able to mumble through the Suscipiat in my sleep during the 6:30 a.m. weekday masses. Although Catholicism has had a rich history of embarrassments (the Inquisition comes to mind), our catechisms provided scant instruction on the use of religion to discriminate (except of course for our proud prohibitions against women in the priesthood). Now, thanks to inspired legislation that’s all the rage, the government is now in the religion business. Sadly, a bit too late for my purposes, but I can at least fantasize, re-live those tense episodes of my life, and consider how I could have used religion more effectively.

NOVEMBER, 1964 EIGHTH GRADE (Los Angeles):

ment is excused. But make sure you do tonight’s math problems. Me: Ohh. During the Novena of Drysdale? I don’t think so.

FEBRUARY, 1969 SENIOR YEAR (McCallum High): Mr. Bizzell: Mr. Ducloux, please come forward and recite the Shakespearean sonnet you were assigned. Me: I’m sorry sir, that will not be possible, and I’m frankly surprised and disappointed you would ask me on a day such as this. Mr. Bizzell: Huh? What day would this be? Me: It’s the Octave of Ash Wednesday, and I’m mentally fasting. Mr. Bizzell: That’s not even a thing. Me: Sir, it is, and I can point it out to you in the book of Saint Stephen of Stills. It is a closely held religious belief. If you’ll check this liturgical event is followed by the Festival of Zappa, and of course, no meaningful memorization is permitted until Maxwell’s Silver Hammer Sunday. Mr. Bizzell: And just when is that? Me: We don’t know yet. The Angel Moab has not yet revealed it.

JULY, 1972 US ARMY BASIC TRAINING (Ft. Polk, Louisiana): Drill Sergeant Boxie (may he R.I.P. ...please!): Company C, 4th Platoon, fall out with your web-gear for a 5-mile hike.

Sister St. Bruise: Mr. Ducloux, you have not turned in your 300-word theme on “Martyrs of the Pleistocene.” What is your excuse?

Me: Drill Sergeant, that’s not going to work for me today.

Me: I was prevented from doing homework last night by my religion. It was the Feast of St. Koufax.

Me: We’re in the Triduum of Patton. No marching is allowed by infantryman.

Sister: Who? What religion?

DS Boxie: Well, Ducky, you ain’t an infantryman for five more weeks, SO GET YOUR WEB-GEAR ON AND GET DOWN AND GIMME 50!!

Me: I’m a “No-hittarian.” Sister: Huh? Me: We’re not allowed to work after the Dodgers have a no-hitter. Sister: Very well then. Your assign18

AUSTINLAWYER | JUNE 2016

DS Boxie: Izzatso, Private? Why is that?

Me: Yes, Drill Sergeant! [okay, so maybe it wouldn’t work perfectly, even in my daydreams.]

Deeply held religious beliefs are ethereal, evanescent, and by their very nature, not subject to any verifiable context or proof... we are taught to use logic to criticize. But logic depends upon proof. And religion depends upon faith. Now, I know what you critics out there are saying. “How dare you make light of deeply held religious beliefs!” But before you step away from where the lightning is certain to strike me, consider this: Deeply held religious beliefs are ethereal, evanescent, and by their very nature, not subject to any verifiable context or proof. And that drives folks crazy. See, we are taught to use logic to criticize. But logic depends upon proof. And religion depends upon faith.

Where does that leave us? To many people, using logic to bash religion is unfair, but it is undeniable that using religion to bash logic (at least as it applies to public policy) is equally untenable. The brilliance of our founding fathers was to ensure church and state remain separate. We are still strongly influenced in this country by our religious traditions, but instead of chapter and verse, we rely on universal “values.” And

NEW MEMBER BENEFIT OFFERED Interested in observing a jury trial? Want to stay updated with what jury trials are happening at the HMS Courthouse? The Austin Bar is texting members each jury week with the trial schedule. If you want to receive these updates, text “Austinbar” to 313131.

I think examining values is a legitimate exercise. And while the government is forbidden to impose specific religious beliefs, it is clear the values of our religious roots are reflected in our desire for laws that should be fair and provide protection for all citizens, including those who help us succeed, and those who need our help. Every single day, we continue to make numerous small choices about our values, which are reflected in how we treat people, what we choose to accomplish, and how our legacy will be defined. Our culture may change for many reasons: From technology, resources, or even family. But values shouldn’t change. I desperately want to believe I will respect every citizen’s right to worship in accordance with his or her faith. I cringe, however, at those who would directly suggest a specific religion, rather than a value of that religion, should guide statutory or public policy. One of our greatest American heroes saw this same danger of allowing special religious accommodations, and railed against the use of religion to restrict legislation as follows: “Reason and persuasion are the only practicable instruments. To make way for these, free enquiry must be indulged; and how can we wish others to indulge it while we refuse it ourselves?” – Thomas Jefferson, (Notes on the State of Virginia.) Let me offer a solution: Why don’t we all just act in accordance with the equanimity and understanding we desire that others accord to us, and I doubt we’ll ever need to argue about religion. Which is a shame, because I deeply believe we should have a devotional AUSTIN every Friday to honor LAWYER Saint Margarita (noAsalt). L AL JUNE 2016 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

AY LA PRESIDENT’S COLUMN CHARI L. KELLY OFFICE OF THE TRAVIS COUNTY DISTRICT ATTORNEY

AYLA Project Spotlight: LawTube

o you remember when you were a new lawyer, or a newcomer to town, and didn’t even know where the courthouse was located? Or when your boss told you to get an order entered at uncontested docket, and you looked back at her with a blank stare? And then there’s that whole thing called the “central docket.” Where do you even go for a hearing? And, there’s parking at the courthouse…right?! This month, thanks in part to a grant from Texas Young Lawyers Association (TYLA) and the Austin Bar Foundation, AYLA starts production on a brand new series of practical, web-based videos to answer these questions (and more). This soon-to-be video series will be known as LawTube. With the influx of young lawyers in the Austin area, lawyer training and orientation has become even more important to our organization. In particular, the American Bar Association has expressed a concern that young lawyers are not provided enough practical skills from law school to navigate the modern legal workplace. Now, with LawTube, you’ll be able to go online and watch a series of three to five minute videos covering a variety of Austin-specific issues for both civil and criminal practitioners. Working in close connection with the local, state, and federal courts, each video in the series will provide a basic guide for trial practice in Travis County. 20

AUSTINLAWYER | JUNE 2016

eye on Bar Code for more details as the release date approaches. Now I know many of you may be thinking, do we really want to be putting all of these insider tips on the web where out-of-town attorneys can watch them?! Don’t worry, as the local judges will tell you, if the out-of-towners don’t even read the local rules why would they watch our videos? criminal rules; With this project, I complete my • Overview of bonding, pretrial term as the AYLA President. As of services, and accessing clients at July 1, the ever-capable Katie Fillthe jail; more will be taking the reins of this • Tours of the Appellate Courts great organization. I have appreci(3COA, CCA, and SCTX) with ated your support throughout this oral argument tips; and year, and I look forward to seeing • A video on AYLA’s current projyou atLAWYER an AYLA or Austin Bar event ects, including how to join and AUSTIN veryAsoon. get involved. L AL We expect the videos to be available sometime in July, so keep an

With LawTube, you’ll be able to go online and watch a series of three to five minute videos covering a variety of Austinspecific issues for both civil and criminal practitioners. The videos will cover such topics as: • Virtual tours of the Civil, Criminal, and Federal Courthouses — including instructions on filing, and a guide to both the District and County Clerk’s offices; • Local courtroom procedure, including when to stand, where to sit, and the central docket system; • Overview of the local civil and

AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA’s Ninth Annual Women’s Resource Fair

n Saturday, May 7, 2016, the Austin Young Lawyers Association hosted its Ninth Annual Women’s Resource Fair at the Schmidt-Jones Family Life Center in Austin. For the past nine years, the Women’s Resource Fair has brought together various members of the Austin community to provide much-needed free resources to homeless, low-income, and battered women and their children. Throughout the day, attorney volunteers provided legal assistance in a variety of areas, including criminal law, family law, child custody, domestic violence, public benefit programs, immigration, consumer issues, and estate planning. Attendees in need of long-term assistance will be served

Medical service providers worked nonstop to provide 39 well-woman exams, approximately 18 mammograms, and 80 vaccines, among a multitude of other medical services.

SILVER $500+ Administrative Law Section of the Austin Bar Association Freebirds World Burrito Gardere Hanna & Plaut Watts | Guerra

BRONZE $250+ through Texas RioGrande Legal Aid and Volunteer Legal Services of Central Texas. Medical service providers worked nonstop to provide 39 well-woman exams, approximately 18 mammograms, and 80 vaccines, among a multitude of other medical services. Attendees had access to mental health services, debtor and credit counseling, and job skills and educational counseling. More

than 40 social service providers answered questions and handed out information about various services available in the Austin community. In addition, attendees were able to shop from a substantial clothing closet and receive new haircuts. In order to make it possible for the women to fully take advantage of the available services, the Fair provided childcare for their children. The kids enjoyed a magician, balloon animals, and other fun activities. Special thanks to Liz Branch and Lauren Downey, the Women’s Resource Fair Committee co-chairs, Mishell Kneeland, the medical chair, and the hundreds of volunteers who made this event a huge success. Also, a heartfelt thanks to the numerous, generous sponsors who donated their time, money, and facilities to ensure a positive experience for all attending.

BENEFACTOR $5,000+ CPL Laboratories

ALA Austin Dr. John Schmid, DDS Driskill Hotel Fee, Smith, Sharp & Vitullo Google Graves, Dougherty, Hearon & Moody Hyatt Regency Austin Jo’s Hot Coffee - Good Food KIND Matt’s El Rancho Mitscoots Moonshine Sweet Tea Texas Rio Grande Legal Aid Travis County Medical Society Travis County Women Lawyers’ Association

CONTRIBUTOR UP TO $250 Dirty Work Services Texas Cold Front - Self Service Ice Machines Anne Heitke The Magician Black Bert

SPECIAL THANKS

BB Imaging CenTex OB/GYN CommUnityCare Civil Litigation Section of the Austin Bar Association First United Methodist Church Daryl Flood Relocation HOPES Thrift Store and Logistics Lousted Lice Treatment Women Partners in Health Paul Mitchell The School Austin South Austin Medical Clinic GOLD $750 + Texas Oil and Gas Association Beck|Redden Texas Trial Lawyers Association Blue Cross and Blue Shield of Texas Travis County Constable, Pct. 5 Constangy Brooks & Smith Volunteer Health Clinic Chuy’s Volunteer Legal Services of Marquee Rents Central Texas AUSTINLAWYER Jackson Walker AL AL Serrano’s

PLATINUM $1,000+

CLOCKWISE FROM TOP: Donated clothing ready for shopping; Seton’s Big Pink Bus provides mobile breast cancer screening; Lauren Downey and Chari Kelly welcome volunteers

JUNE 2016 | AUSTINLAWYER

Two Austin Lawyers Receive Outstanding 50 Year Lawyer Award from the Texas Bar Foundation

ongratulations to long-time Austin Bar members Dudley D. McCalla and Thomas H. Watkins on receiving the Outstanding 50 Year Lawyer Award from the Texas Bar Foundation. The award recognizes an attorney whose practice has spanned 50 years or more, and who adheres to the highest principles and traditions of the legal profession and service to the public. Both McCalla and Watkins will receive their awards at the Texas Bar Foundation dinner at the State Bar’s Annual Meeting in June. Dudley McCalla received his B.B.A. and his LL.B. from the University of Texas. He also served as a Lieutenant in the US Navy. McCalla, of counsel at Jackson Walker, focuses his practice primarily on administrative law, and is board certified in Administrative Law by the Texas Board of Legal Specialization. He is a member of the State Bar of Texas, where he previously was a chairman of the Administrative Law Committee and a chairman in the Public Law Section. He is a member of the American Bar Association and a past member of the Administrative Conference of the United States. McCalla received the Distinguished Lawyer Award in 1992 from the Travis County Bar Association. In 2002, he was named the “Go-To Lawyer in Administrative Law” by Texas Lawyer. He is listed in the 2007-2016 editions of The Best Lawyers in America. McCalla was presented with the first Lifetime Achievement Award by the Administrative and Public Law Section of the State Bar of Texas in 2014, and is a Sustaining Life Fellow of the Texas Bar Foundation. Tom Watkins received his B.A. from the University of Oklahoma and his LL.B. from the University of Texas. For more than 50 years, he has practiced full-time litigation. He is a member of Husch Blackwell’s Technology, Manufacturing & Transportation team where he focuses on healthcare, patent, oil and gas, environmental, and general commercial litigation. Watkins was elected to the American Board of Trial Advocates, the Ameri-

AUSTINLAWYER | JUNE 2016

McCalla

Watkins

can Association of Trial Lawyers, and the American College of Trial Lawyers. Active in the State Bar of Texas, he served on the Grievance Committee, the Board of Directors, and chaired the Continuing Legal Education Committee. He was appointed by the Texas Supreme Court as the first Chairman of the Board of Disciplinary Appeals. He also served as Chair of the Texas Supreme Court Task Force on the Texas Disciplinary Rules of Professional Conduct. In 1995, Watkins was the recipient of the Lola Wright Foundation Award, and is a Life Fellow of the Texas Bar Foundation. Watkins was former president of both the Travis County Junior Bar Association and the Travis County Bar Association. He also received the Outstanding Young Lawyer award from the Austin JuniorLAWYER Bar and the Distinguished Lawyer AUSTIN Award from the Travis County Bar Association. AL AL

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FOR SALE FOR SALE – East Texas law office; County Seat, Courthouse Square; 35 years general practice, same location; 3,000 s/f building; $225,000 for the building, practice, equipment and furniture. Serious buyers only, please reply to attawaylaw@yahoo.com

OFFICE SPACE

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.

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. Office sharing arrangement: Downtown Austin law firm has a private office plus secretarial space available. Large conference room and other amenities included. Ideal for solo practitioner or out of town lawyer seeking an Austin presence. Contact Cindy Wiewel at 512.480.8828 or email Info@texastrustlaw.com for further information.

TLIExperience Because of our 36 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $41,550,000 to our policyholders. See why experience makes the difference.

JOBS Boutique oil and gas law firm seeks oil and gas title attorney. Must be board certified. Minimum five years direct experience. Please submit cover letter and resume to MR.resumes1@gmail.com.

512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG

Amanda Azua, Lead Underwriting Specialist/ Social Media Coordinator

@TLIE_

facebook.com/TLIE01

JUNE 2016 | AUSTINLAWYER

CELEBRATING

GOOD IS

a unique approach to wealth management services.

What is good? Good is having a wealth advisor on your course. It’s knowing decisions will be made with the greatest care and precision. At Broadway Bank, good is wealth management services on par to reach your goals. INVESTMENT MANAGEMENT I TRUST & ESTATE SERVICES REAL ESTATE I OIL & GAS

Contact Carey S. Leva – SVP, Wealth Advisor/Trust Officer 512.465.6594 I cleva@broadwaybank.com

INVESTMENTS ARE NOT FDIC INSURED NOT GUARANTEED BY THE BANK • NOT A DEPOSIT NOT INSURED BY A FEDERAL GOVERNMENT AGENCY • MAY LOSE VALUE

Austin Regional Headquarters | 911 W. 38th Street, Suite 100 512.465.6550 | 800.531.7650 | broadwaybank.com | fghfg