Austin Lawyer, March 2022 by Austin Bar Association

austinbar.org MARCH 2022 | VOLUME 31, NUMBER 2

Diversity Fellowship Program Launches Its 13th Year Austin Bar Association Strives to Prioritize Cultural Competency BY LESLIE DIPPEL

Together, an increasing number of law students and firms are placing a priority on learning, public service, diversity, equity, and inclusion.

he Diversity Fellowship Program enables first-year law students of diverse backgrounds to participate in law firm, governmental agency, and judicial fellowships for 10 weeks during the summer. Fellowship candidates go through a competitive application process and spend half of their fellowship with civil judges and half with participating law firms whose generous financial contributions provide a stipend to the students. This program

is a part of the Austin Bar Association and participating firms’ commitment to diversity, equity, and inclusion. The goal of the program is not simply to discuss cultural competency, but rather to demonstrate it in every respect. Through a partnership with the University of Texas School of Law, the program gives highly qualified students exposure to a wide variety of legal experiences. Celebrating its 13th year this summer is a testament to the success of the program. An additional point of

pride is the growth of the applicant pool and support of local firms. The first year, the program had three fellows, and at its highest point, there have been 10. Together, an increasing number of law students and firms are placing a priority on learning, public service, diversity, equity, and inclusion. The Austin Bar Association Diversity Committee is led by Judge Lora Livingston, Judge Eric Shepperd, the Honorable Rudy Metayer, Tony Nelson, and Leslie Dippel. The following firms generously participated last year, making the program possible during the pandemic: Graves Dougherty Hearon & Moody, Gjerset & Lorenz, Jackson Walker, Locke Lord, Lloyd Gosselink, McGinnis Lochridge, Pirkey Barber, and Scott Douglass & McConnico.

We want to give special recognition to McGinnis Lochridge and Graves Dougherty Hearon & Moody for supporting the program from the very beginning, and give a big thank you to Gjerset & Lorenz and Pirkey Barber for joining the program last year. Of course, the real stars of the program are the students themselves, whose excellence demonstrates the core principles of the program. If your firm is interested in joining this year’s fellowship program or contributing, please contact Delaine Ward at delaine@ AUSTIN LAWYER AL AL austinbar.org. Austin Bar board member Leslie Dippel serves as the director of the Civil Litigation Division at the Travis County Attorney’s Office.

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CONTENTS

AUSTINLAWYER MARCH 2022 | VOLUME 31, NUMBER 2 AL A L INSIDE FEATURED ARTICLES

IN EVERY ISSUE

CONNECTIONS

Diversity Fellowship Program Launches Its 13th Year

14 Briefs

ONLINE austinbar.org

Annual Gala: Homecoming

15 Third Court of Appeals

EMAIL sonta@austinbar.org

Civil Update

10 Winter Storm Uri: Presenting, Adjusting,

16 Third Court of Appeals

20 Structured Settlement Sales

17 Federal Civil Court Update

30 Help Wanted

18 Criminal Court News

31 New Sustaining Fellows

24 Entre Nous 26 AYLA

DEPARTMENTS 6

President's Column

Member Spotlight

SOCIAL LIKE facebook.com/austinbar

Visit the new Austin Bar Association website at austinbar.org and read Austin Lawyer online at issuu.com/austinbar.

12 Be Well 23 Opening Statement

ONLINE

MAIL Sonta Henderson, Managing Editor Austin Bar Association 712 W. 16th Street Austin, TX 78701

Criminal Update

and Litigating Claims

FOLLOW twitter.com/theaustinbar WATCH vimeo.com/austinbar STREAM @AustinBarAssociation

austinbar.org

NEWS & ANNOUNCEMENTS

UPCOMING EVENTS

Members Only Townhall Discuss updates and the return to in-person proceedings with Travis County civil, family, and criminal court judges.

MAR 4 APR 22

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Annual Gala: Homecoming We Need Your Help!

he 19th annual Austin Bar Foundation Gala will be held on Friday, April 22 beginning at 6 p.m. at the Austin Country Club. The theme for the gala is “Homecoming.” No, not the Spiderman movie. We want the nostalgia of going to your high school’s homecoming, and we need your help. Please start looking through your photos for something that features your time in high school. Perhaps it’s you in uniform: football, band, cheerleading, or ROTC. It could also be a jpeg, and send them to Debbie Kelly at a photo of you at a school dance. Maybe it’s you debbie@austinbar.org. Please include your after winning the academic decathlon. Show us name, the year, and the location. what you’ve got! These photos may end up in our slide show, When you find photos, you are willing posters or on bulletin boards throughout the AUSTIN LAWYER AL AL to share, please scan them, turn them into venue.

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AUSTINLAWYER OFFICIAL PUBLICATION ALOF THE A L AUSTIN BAR ASSOCIATION AUSTIN BAR ASSOCIATION

David Courreges �� President Amanda Arriaga �� President-Elect Justice Chari Kelly �� Secretary Mary-Ellen King �� Treasurer Kennon Wooten �� Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION

Rachael K. Jones �� President Blair Leake �� President-Elect Sarah Harp �� Treasurer Emily Morris �� Secretary David King �� Immediate Past President

Austin Lawyer

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712 W. 16th Street Austin, TX 78701 Email: austinbar@austinbar.org Website: austinbar.org Ph: 512.472.0279 | Fax: 512.473.2720 DeLaine Ward....................... Executive Director Debbie Kelly.......................... Associate Executive Director Sonta Henderson................. Managing Editor Jennifer Hopgood................. Co-Editor Rachael K. Jones................... Co-Editor Austin Lawyer (ISSN #10710353) is published monthly, except for July/August and December/January, at the annual rate of $10 membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 712 W. 16th Street, Austin, TX 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 712 W. 16th Street, Austin, TX 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 U.S. Western District of Texas Federal Court and the Texas Third Court of Appeals, CLE opportunities, members’ and committees’ accomplishments, and various community and association activities.

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PRESIDENT'S COLUMN DAVID COURREGES, UNIVERSITY FEDERAL CREDIT UNION

Donut Day It Will Change Your Life! Donut Day saved me and my relationship with my daughter.

oday is March 1, 2022; it is my daughter McKenna’s 12th birthday. In honor of her day, I have allowed her the opportunity to select the title and theme of this month’s President’s Column. There were, of course, guidelines that I insisted she honor in making her selection: It had to be something connected with the law, professionalism or health, and something meaningful to her. The deliberation took less than a second. We present: “Donut Day.” On its most basic level, Donut Day is Thursday—every Thursday. It was first observed by the Courreges daddy-and-daughter duo on March 22, 2012 and was celebrated weekly through Aug. 13, 2015 without fail, only to be interrupted by kindergarten. It continues, however, on an ad hoc

AUSTINLAWYER | MARCH 2022

basis today and in perpetuity. Like all official observances, Donut Day is about tradition. A proper celebration is conducted at the official home of Donut Day: the Shipley’s Donuts on Brodie Lane (the reason why it’s “Donut Day” instead of “Doughnut Day”), more specifically at the third table on the left across from the register. A traditional meal consists of a bag of donut holes for McKenna, a lemon-filled and a cherry-filled donut for me, and two small chocolate milks. Official activities include a reading of the jokes on the back of the milk cartons, a visit with Mr. Steve (Price) the owner, an increasingly competitive game of “I Spy,” storytelling, general banter, and photo for archival purposes. While we do prefer to strictly comport with tradition, exceptions are made. For instance,

CLOCKWISE FROM TOP LEFT: First Donut Day, March 2012; last pre-kindergarten Donut Day, August 2015; Disney Donut Day with Mary Poppins; recent (prepandemic) Donut Day.

The change came with the simple act of creating a standing, weekly, out-of-office breakfast meeting from 7 a.m. to 9 a.m. every Thursday. sometimes I go with a Bavarian-cream donut, instead of a cherry-filled one. Celebrations have been conducted throughout the state and country, including Houston, Waco, the San Antonio Riverwalk, Texas State Capitol, and even Disney World. We also occasionally welcome guests. “Honorees” have included elected officials, Rose Berryman (my elementary school art teacher), former Austin Bar Association President Leslie Dippel and her son, and even Mary Poppins. Our most favorite, however, is Erin— or “Mom,” as McKenna calls her. Now that you know about Donut Day, why did McKenna choose it for this month’s column? Donut Day saved me and my

relationship with my daughter. Prior to March 22, 2012, Thursday was just one of the two days per week that I was responsible for driving McKenna to daycare. At that time, my goal was to drop her off at “school” as close to opening as possible with the intent to minimize my time in Mopac traffic and maximize my time at work. On the other three days, I would leave the house well before she would even wake up, and almost every day I would get home well after she had already gone to bed. Even worse, I spent most weekends working, volunteering, or traveling. Our twice-aweek morning commute together lasted ten minutes at most and was the only quality time we got

for the entire week. In my mind I was following the age-old tradition of working as hard as possible to support my young family. In reality, my obsession with working was ruining my family. The extra time at the office didn’t matter—especially when it was at the expense of my daughter and wife. I was perpetually tired, cranky, and living on nearly a 12-pack of Dr Pepper a day to make it all work. I’m just embarrassed it took me so long to realize that something had to change. The change came with the

simple act of creating a standing, weekly, out-of-office breakfast meeting from 7 a.m. to 9 a.m. every Thursday. The result was quality time with my most favorite person, which observance has changed both of our lives for the better. Donut Day obviously was never about the donuts. In fact, McKenna confided in me recently that she really doesn’t like donuts. Truth be told,AUSTIN I don’t either. LAWYER AL AL Happy birthday, kiddo!

MARCH 2022 | AUSTINLAWYER

MEMBER SPOTLIGHT

The More You Know Meet Austin Bar Board Member Ciara Nelson Parks BY CIARA NELSON PARKS

“

I pressed on because I heard a a quote that inspired me to persevere: “Be the change that you want to see in the world.” I did not just want to talk about change. I knew as a lawyer I could make change.

”

LEFT: Parks married her college sweetheart, Cliffton Parks. Together they have three children: Chaya (9), Ceana (6), and Cliffton Jr. (4).

Meet Ciara Nelson Parks. She is the current president of the Austin Black Lawyers Association and general counsel for the Texas Board of Law Examiners.

he oldest of four children, I was born and raised in San Diego, California. My family eventually moved to Cincinnati, Ohio when I was in high school. I graduated third in my class from Aiken High School. High school is where I began my service to the community. I graduated from the University of Dayton with a degree in business. While in college, I joined several organizations and became president of many of them. I enjoyed being able to use my organizational and visionary skills to advance the organizations. College was challenging for me because I was breaking barriers in my family. By being the first person to go to college, I didn’t have examples in my family. I did have their support and encouragement because they all wanted 8

AUSTINLAWYER | MARCH 2022

me to excel. I wanted to excel because I did not see many people who looked like me, an African American woman. Law school was even harder. But I pressed on because I heard a quote that inspired me to persevere: “Be the change that you want to see in the world.” I did not just want to talk about change. I knew as a lawyer I could make change. My law school journey was no different than other areas of my life. I got involved in many activities while in law school. I joined moot court and mock trial, where I learned skills to assist me in my passion to become a litigator. And ultimately, I graduated from Thomas Cooley Law School—knowing that I could make a positive change in the world as a lawyer. AUSTIN BAR: What is your current job, and what do you enjoy most about it?

I am currently the general counsel for the Texas Board of Law Examiners. I love that I can merge my legal skill with my volunteerism. Coordination of the bar exam is planned and executed like an event: People apply for the exam and then we administer it. So my work comes full circle. AUSTIN BAR: When you were younger, what was your idea of a “dream job”? I knew after law school that I would become a prosecutor. I always had a desire to work in public service. I never had a desire to be in private practice. I wanted to help people. I wanted to be a voice for the voiceless and hope for the hopeless. Cooley had a slogan as well, “Be a minister of justice.” I believe that working in the legal profession is a calling of service to our community. I was so excited when I began my career as a prosecutor in Dayton, Ohio. I learned so much from my colleagues and taught younger prosecutors many things as well. I worked hard not only to keep the streets of Dayton safe but also to give second chances to those who found themselves in the criminal justice system. Coming up as an attorney, I had many mentors along the way, and I believed it was important to give back. I

mentored many young prosecutors and spoke to students about being an attorney. AUSTIN BAR: Tell us a hobby or something about you people may be surprised to know. My favorite hobby is serving! I get extremely excited about helping those in need in my community. I am incredibly involved in the Austin legal community and my church community. I serve as president of the Austin Black Lawyers Association, director of the Austin Young Lawyers Association, member of the Travis County Women Lawyers’ Association, and member of the State Bar of Texas District 9 Grievance Committee. I also serve as the director of the Stonehill Squires Adventurers Club where I work with children ages four to nine. I get to serve my church with my husband and children at my side. I love teaching my children how to be a servant leader just as I am. AUSTIN BAR: Choose your favorite legal drama from television and tell us why: Law & Order, Night Court, LA Law, or Perry Mason. I love the original Law & Order because it so well depicted my world as a former prosecutor! I watched the show all through college and law school. It was exciting to watch knowing that one AUSTIN LAWYER AL AL day I would be the prosecutor!

Winter Storm Uri: Presenting, Adjusting, and Litigating Claims BY MARY-ELLEN KING

Mary-Ellen King is a partner in the Austin, office of Thompson, Coe, Cousins, and Irons L.L.P., where she is in the insurance coverage group and also practices business and commercial litigation. She is licensed and practices in the state courts of Texas, Louisiana, and Alabama and federal courts nationwide.

n 2021, Winter Storm Uri resulted in state and federal disaster declarations for all 254 Texas counties. More than 4.5 million homes and business were left without power—some for days. There were more than 456,500 insurance claims, which resulted in more than $8.2 million in payouts. The bulk of the claims were from damage to residential properties. Many locations experienced their longest-ever continuous recorded freeze, according to catastrophe risk modeler AIR Worldwide, “with Waco as an example of one Texas city staying below freezing for 203 consecutive hours—53 more than the previous record. At the peak of the low temperatures, on February 15, the average temperature across Texas was just 12° Fahrenheit, or 6° lower than the average temperature in Alaska on the same day.”1 IS A FREEZE A COVERED LOSS? Generally speaking, a freeze is typically going to be a covered loss. However, this truism is not an absolute, and the insured should also refer to the policy 10

AUSTINLAWYER | MARCH 2022

declarations page and policy language of their insurance policy to determine if a loss is covered. Several coverage issues seen in the Winter Storm Uri claims include the following: (1) Failure to Mitigate: There were some delays outside the control of the insured, but once they could return and mitigate, they should have taken action to do so (e.g., shut off water at the loss location). (2) Pre-Existing Damage: The policy will not cover water damage that clearly existed prior to the freeze event. (3) Limitations on Coverage: Many policies have a monetary limit on mold damage and some policies do not provide Additional Living Expense (ALE) or business interruption coverage, or they have limitations. (4) Exclusion of Temperature Extremes: Some policy exclusions excluded coverage for extremes in temperature. Also, the policies typically only cover damage resulting from a covered loss, which means renovations and upgrades during the repair process will not be covered under the policy. The policy may also have occupancy requirements. In those policies, where the property was permanently vacated prior to the storm, vacancy provisions apply. The Texas Insurance Commissioner issued Commissioner Bulletin #B-0005-21 urging insurers to work with policyholders temporarily displaced by the storm. In commercial claims, business interruption without property damage is not going to be covered. A typical ISO (Insurance Services Office, Inc.) commercial policy form requires that the loss or damage be caused by or result from a covered loss (i.e., pipe burst and resulting water damage). The business interruption coverage is for the period of restoration. Additionally, some businesses may have partially shut down. In Texas, there is an argument that this may

Sunrise over Round Rock during Winter Storm Uri. Photo by Roschetzky Photography.

not be a compensable business interruption claim, because the law generally requires the business to cease all operations. PRESENTING CLAIMS AFTER THE STORM Every property insurance policy, whether commercial or residential, sets forth the insured’s duties in the event of a loss. The duties are typically found in the Conditions section of the policy and includes things like: 1. Give prompt notice of the loss; 2. Mitigate the damage; 3. Cooperate in the investigation of the claim; 4. Prepare an inventory of damaged personal property showing quantity, description, actual cash value and amount of loss. Attach all bills, receipts and related documents that justify the figures in the inventory; 5. Allow for inspections as often as the insurer reasonably requires, provide records and documents requested, and submit to an examination under oath; 6. Provide a proof of loss (details of what is required can be found in the policy); 7. Provide specifications of damaged buildings and estimates of repair; 8. Inventory of personal property; 9. Receipts for additional living expenses (in a commercial claim, this may include access to financial records in the

event of a business interruption loss resulting from a covered loss); 10. Evidence or affidavit that supports a claim. Gathering this information is often time consuming and emotionally difficult for insureds after a catastrophic loss, but it is required of them under the policy. Working early in the claim process to provide a comprehensive list of damages and replacement costs of damaged items will only expedite the insurer’s adjustment of the claim. It is also helpful to present as many photos before and after the loss as possible to aid in the adjustment of the claim. Under Texas Administrative Code Chapter 28, Section 5.9970(d) and (e), homeowners are entitled to have their home repaired by a person of their choice. Finding a contractor after Winter Storm Uri was complicated based on supply and demand, as well as supply chain delays as a result of COVID-19. These factors also result in increased costs of repair for the insured. ADJUSTING CLAIMS AFTER A MASS CATASTROPHE The insurer’s duties are set forth in the Texas Insurance Code. Insurers are required to evaluate the claim fairly and not deny or delay payment when liability is reasonably clear. Section 542.055 of the Texas Insurance Code provides that an insurer must do the following within

15 days of receiving notice of a claim from a claimant: • Acknowledge receipt of the claim. • Begin an investigation of the claim. • Request any information from the policyholder that the insurer reasonably believes will be needed in the investigation. In most scenarios, Section 542.056 of the Texas Insurance Code states, the insurer must notify the claimant in writing within 15 business days after receiving all items requested in the investigation (30 days in case of a “reasonable basis” belief by the insurer that the loss occurred from arson) to advise whether the claim is accepted or rejected and, if the claim is being rejected, include the reason for the rejection in the notice. Section 542.057 of the Texas Insurance Code, also known as the prompt payment statute, provides that an insurer must generally pay the accepted claim “no later than the fifth business day after the date notice is made.” If the insurer fails to do so, it may be subject to prompt payment penalties. During the COVID-19 outbreak, the Texas Insurance Commissioner extended the prompt payment statutory deadlines by 15 days. In Bulletin B-0007-20 and B-007-21, that extension was declared applicable to Winter Storm Uri claims as well. The insurer’s investigation begins when the insurer speaks with the insured to collect information regarding the damage. After the claim is made, a licensed insurance adjuster will typically inspect the loss, noting damage from the covered loss, pre-existing damage, and other potential issues. The adjuster will also take photos of the loss and prepare an estimate of damage. Appraisal during the claim process may be a great tool for early resolution in cases where scope is agreed and values are similar. Appraisal is typically not effective when valuations by the insured and the insurers are substantially different, when the scope varies, or when coverage issues exist.

LITIGATING CLAIMS AFTER A MASS CATASTROPHE There are a number of residential and commercial property and auto cases being filed around the state. In addition to the first-party commercial and residential lawsuits, many insurers joined a large subrogation lawsuit against ERCOT and other power generators in Travis County in late 2021. The petition names 131 carriers suing 35 defendants. The case was assigned cause number D-1GN-21-007428 and is pending in the 126th District Court. Litigation should always be the

last resort. Litigating a property loss or business interruption case takes time and is costly, especially with the current backlog of civil cases on most dockets statewide as a result of COVID-19. Depending on the volume of Winter Storm Uri cases, we may see courts establish Case Management Orders (CMO) or multi-district litigation (MDL) designed to streamline the cases and provide for early resolution. Early mediation is often ordered, and in many cases, early mediation results in resolution of the litigation. Depending on the claim, early inspection with experts may be

pivotal to resolution in cases selected for early mediation. Where the cases cannot be resolved through early mediation or motions for summary judgment addressing coverage issues, AUSTIN it may be LAWYER several years L AL before the cases go toAtrial. Footnote 1. U.S. Winter Storms February 2021, ALERT AIR Verisk, Feb. 25, 2021, available at https://alert.airworldwide.com/winter-storm/2021/ u-s--winter-storms-february-2021/ update-1/#:~:text=Record%20 Low%20Temperatures%20and%20 Their%20Impacts&text=This%20 event%20marks%20the%20 longest,more%20than%20the%20 previous%20record.

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BE WELL

Coming Out of the Dark: Making a Positive Life Change

Kathleen Coble is an attorney and mediator with Coble Law and Mediation along with being of counsel to Sheridan Family Law. Kathleen has been licensed to practice law since 2005 and received her J.D. from the University of Houston Law Center in 2005. She received a Bachelor of Business Administration from the University of Texas at Austin in 1998. Kathleen is board certified in family law and is a fellow in the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers.

have been a lawyer for about 17 years and have practiced exclusively family law. For the majority of that time, I handled mostly high-conflict family law litigation— the horrible cases. I was fulfilled by my practice and enjoyed having work about which I was passionate. I pushed myself hard, physically and emotionally. I thought about my cases all day and often in the middle of the night. In 2008 and 2012 I had my children, but I continued to be consumed most of the time by my cases. Beginning in about 2015, I noticed that I was frequently getting sick and was having a hard time getting out of bed other than to go to work and do the basics of parenting. I was beginning to make up ways to spend time with my children in my bed, such as playing cards and making up games of imagination. I was depressed, severely so. But people like me don’t ask for help; we are 12

AUSTINLAWYER | MARCH 2022

the helpers. We don’t need fixing; we are the fixers. I was always last, and everyone else was always first. I continued to take the high-conflict cases because I was always worried about providing for my family, providing for my employees, feeding the “Overhead Monster,” and my reputation in the legal community. I also felt a great deal of responsibility for my clients and their children—as if I needed to help them at any cost. This is an unfortunately common story: As lawyers we make decisions every day that are harmful to us personally because we feel driven by forces that have nothing to do with our own well-being. In addition, in everything we take on, we are also pursuing this dream where we help everyone, make a good living, and go home whistling at the end of the day to enjoy all that “work-life balance” we are supposed to have. If any of you know the unicorn lawyer out there who accomplishes all of this, please let me know because I would like to visit the land of rainbows and lollipops that they inhabit. In 2017, I hit rock bottom. I was in the dark and couldn’t get out. In one summer, I was handling (trying) separate cases with a hit man, an international abduction of my client’s child, a client who had meth-induced paranoia and then overdosed, and a case where I had to take armed security to the courthouse. I came down with mononucleosis on the first day of the trial involving the hit man (which was also my 41st birthday), after which I was sick for about seven weeks. I finished the three-day trial (sick as a dog) because I felt compelled to finish the trial. Later that summer, I went to visit my client, who had overdosed but survived, in the same ICU where I nearly lost my life after my daughter’s birth, and I hit rock bottom. That day I acknowledged

what I had known for years—I had to make a change. I had sacrificed myself and my family long enough. There was much more at stake than money, my reputation, and my desire to help people. I went immediately to my office and told my staff to turn away and refer out the nightmare cases, including writing off fees I had already billed on a child sex abuse case I had just taken. I had been mediating part-time for years, and I decided to transition to a full-time mediation practice. I don’t know that I have ever felt more peace than I did that day. It was terrifying, but not as terrifying as the horrible alternatives for myself and my family that I had been courting for 14 years. The transition was long and hard. I dissolved my partnership with two great lawyers/friends. Mediation is a difficult business with financial and emotional challenges. I cut my overhead to the bone, but I still make less money than I did. But, and most impor-

tantly, I am healthier mentally and physically and have more to give to myself and my children. I now exercise frequently and have taken up a great new hobby that I enjoy. I take more vacations, and I sleep better. My work is still challenging, but it’s not ruining me. I have finally put me and my family at the top of the priority list. This article is not about becoming a mediator or exercising or getting a hobby. It’s about coming out of the dark. It’s about making you a priority in your own life. It’s about making changes so you can have the life you want and need. We all chose the law, but the practice of law doesn’t have to break us. It’s not weak or wrong to ask for help or to seek change; it’s brave and a show of strength. But the only person who can make the change is you. If it’s time for you to make a change, don’t wait—it’s not going to get easier; but it will getAUSTIN you on LAWYER to a better life, which AL AL we all deserve.

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BRIEFS NEW MEMBERS The Austin Bar welcomes the following new members: Pablo Avila Norma Baker Hannah Ballou Mary Barnstone Eric Baumgart Carl Bonn Lisa Bustos Ann Cardenas Mauricio Chavez Erin Chesser Nicole Cooper Don Cruse Kimberly De La Garza John Dodson Susan Draughn Andrew Eckhous Curtis Fuller Efren Garcia Mac Gilpin Andy Gonzalez Jaundrice Goodman Joy Hardeman Kaleen Harris Robert Hatter Rachel Hernandez Zackery Horton Bayleigh Juarez Christopher Kirby Sal Lee Samantha Lewis Donna Lowe Michal Catherine Mackoy Daniel Manning Mireya McAlpine-Braxton Joy McCauley Amanda McGrory Kara Neal Nicholas Nemeth Jaustin Ohueri Dustin Oslick Robert Paladino Martin Pina Monica Pinon Russ Sablatura Jacqueline Sanchez Ashley Schneider Erin Screenivasan Maximillian Shaps Graham Simms Kirpal Singh J.R. Skrabanek Claire Smith Willa Staats Mark Symms Millie Thompson Lindsey Umin Vanessa Vasquez Abigail Ventress Charles Verdict Catherine Wagner Calderaro Storm Webb Elizabeth Whited Jack Wilson Vivian Zamora 14

AUSTINLAWYER | MARCH 2022

ABOVE: (from left) Broadaway, Brutocao, Matthews, Price

ON THE MOVE

Andrew Broadaway and Desiree Brutocao of Cornell Smith Mierl Brutocao Burton, LLP were congratulated by their colleagues and the Texas Board of Legal Specialization in January for attaining their Labor and Employment Board Certification. Broadaway and Brutocao bring the total number of board-certified labor and employment lawyers at the firm to seven. Broadaway is a partner at the firm and a former law clerk to the Hon. Lee Yeakel. Brutocao is an associate at the firm and is also licensed to practice in California. Dale Matthews joins The Fowler Law Firm, PC as its new special counsel. Matthews graduated from The University of

Texas School of Law in 1972 and received his MBA from The University of Texas at Austin in 1989. He is licensed as an attorney in Texas, Delaware, Oregon, and Virginia. During his career, Matthews has served as a JAG officer with the United States Army in Europe and at the Pentagon. He has also managed law departments for a publicly traded company and for a large subsidiary of a multi-billion dollar international corporation. And as a private attorney, Matthews has provided guidance and legal services to a broad range of business enterprises of all sizes.

(CDCAT) for the 2021-22 year. CDCAT has over 444 clerk members from every county in the state. Price graduated from The University of Texas School of Law in 1986. Price previously served as president of the Austin Black Lawyers Association and the Travis County Women Lawyers’ Association. Price was also the first Black woman elected as president of the Austin Bar Association. Price served as the president of the Austin Bar Association from 2000 to 2001.

KUDOS

Travis County District Clerk Velva L. Price was elected secretary of the County and District Clerks’ Association of Texas

SUBMIT A BRIEF If you are an Austin Bar member and you’ve moved, been promoted, hired an associate, taken on a partner, or received a promotion or award, we’d like to hear from you. Notices are printed at no cost, must be submitted in writing, and are subject to editing. Announcements should include all pertinent information including firm name, address, and contact numbers. Send submissions along with a highresolution head shot to Austin Lawyer Managing Editor Sonta Henderson at sonta@austinbar.org.

THIRD COURT OF APPEALS CIVIL UPDATE The following are summaries of selected civil opinions issued by the Third Court of Appeals during January 2022. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Feb. 2, 2022.

PREMISES LIABILITY: Court rejects claim against landowner for condition of TxDOT-owned culvert.

Marek v. Slayden, No. 03-2000439-CV (Tex. App.—Austin Jan. 7, 2022, no pet. h.) (mem. op.). Marek sued the Slaydens for wrongful death and survival actions after her son was killed when he lost control of his car and crashed into a concrete culvert. The Slaydens owned property that had a driveway over the culvert. The trial court granted summary judgment for the Slaydens. The court of appeals rejected Marek’s negligence claim because the allegations were not based on negligent activity. In the premises-liability claim, Marek contended that the Slaydens exercised control over the culvert sufficient to have a duty to keep it in a safe condition. The summary-judgment evidence established that TxDOT owned the culvert and that any modifications or repairs required TxDOT approval. Thus, the court held that the premises-liability claim failed. The court affirmed.

REAL PROPERTY: Owner failed to show probable right to recover on claims that POA violated restrictive covenants. Myers v. Tahitian Vill. Prop. Owners Assoc., Inc., No. 03-2100105-CV (Tex. App.—Austin Jan. 6, 2022, no pet. h.) (mem. op.). Myers sued POA for breach of subdivision’s restrictive covenants by charging assessments and refusing to review his architectural submissions. The trial court denied Myers’s request for temporary injunctive relief. According to the court of appeals, to obtain injunctive relief Myers had to establish that POA had no authority to make assessments. The court concluded that the restrictive covenants removed POA’s authority to charge residents an annual fee but did not foreclose POA from making other assessments permitted by the bylaws, such as fees for violating subdivision rules. Accordingly, Myers failed to show he had a probable right to recover. The court affirmed.

ARBITRATION: Court reverses trial court’s denial of motion to compel arbitration. 5th & West Owner, L.P. v. Wasek, No. 03-20-00458-CV (Tex. App.— Austin Jan. 7, 2022, no pet. h.) (mem. op.). After discovering leaks in their condominium, the

Waseks sued appellants for fraud and negligent misrepresentation for failing to disclose the leaks before closing. The contract required arbitration of claims relating to design or construction and listed mediation as a precondition. The trial court denied appellants’ motion to arbitrate. The court of appeals noted that the factual allegations determine whether claims are within an arbitration clause. The Waseks argued that their claims did not relate to the leaks but instead to appellants’ nondisclosure of the leaks. Given the factual relationship between the Waseks’s claims and the leaks, the court held that their claims were within the scope of the clause. The court further held that the trial court erred in deciding whether the failure to mediate precluded arbitration when that issue was for the arbitrator. The court reversed and remanded. GOVERNMENTAL IMMUNITY: Fact issue on officer’s recklessness barred immunity. City of Killeen—Killeen Police Dep’t v. Terry, No. 03-20-00071CV (Tex. App.—Austin Jan. 26, 2022, no pet. h.) (mem. op.). Terry sued police department for injuries sustained when an officer responding to a 911 call ran a red light and collided with Terry’s car. The trial court denied department’s plea to the

Laurie Ratliff, a former staff attorney with the Third Court of Appeals, is board certified in civil appellate law by the Texas Board of Legal Specialization and an owner at Laurie Ratliff LLC.

jurisdiction. The court of appeals observed that a governmental entity is immune from suits to recover damages resulting from the emergency operation of an emergency vehicle unless the operator acted recklessly. The department investigation concluded that officer proceeded through the red light without safety and due care of other traffic given his rate of speed and obscured view of cross-traffic. The court held that a fact issue existed on the officer’s level of care and AUSTIN LAWYER AL AL affirmed.

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THIRD COURT OF APPEALS CRIMINAL UPDATE

Zak Hall is a staff attorney for the Third Court of Appeals. The summaries represent the views of the author alone and do not reflect the views of the court or any of the individual Justices on the court.

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from July and August 2021. The summaries are an overview; please review the entire opinions. Subsequent histories are current as of Feb. 1, 2022. CONSTITUTIONALITY OF STATUTES – STANDING: Defendant lacked standing to challenge constitutionality of cockfighting statute. Hinds v. State, No. 03-19-00500-CR (Tex. App.—Austin July 8, 2021, pet. ref’d) (mem. op., not designated for publication). Hinds was convicted of the offense of attending an exhibition of cockfighting as a spectator. On appeal, Hinds,

acting pro se, challenged the facial constitutionality of the cockfighting statute, Section 42.105(b)(6) of the Penal Code. Specifically, he argued that the statute violated the First Amendment rights of “gamecock farmers” in their role as property owners of chickens and that chickens should not “take precedence above human rights.” The appellate court concluded that Hinds lacked standing to challenge the statute. The State’s case against Hinds was “not based on appellant being a farmer who owned game fowl but on his attendance as a spectator at an exhibition of cockfighting.” Consequently, “[h]is standing is limited to challenging section 42.105(b) (6) in his role as a spectator,” and Hinds failed to demonstrate that his constitutional rights were violated by his conviction for attending a cockfighting event. PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Defendant’s prior out-of-state convictions could be used to enhance defendant’s sentence. Thomas v. State, No. 03-19-00471CR (Tex. App.—Austin July 8, 2021, pet. ref’d) (mem. op., not designated for publication). Thomas was convicted of aggravated assault against a family member with a deadly weapon and received a sentence of 99 years’ imprisonment, enhanced by prior convictions. Among other issues, Thomas argued on appeal was that his sentence was improperly enhanced

because his prior out-of-state convictions were the equivalent of a state-jail felony or misdemeanor conviction in Texas. The appellate court disagreed. It explained that under Section 12.41 of the Penal Code, out-of-state convictions are classified as a “‘felony of the third degree’ if imprisonment in the Texas Department of Criminal Justice or another penitentiary is affixed to the offense as a possible punishment.” Here, both of Thomas’s prior convictions were for felony offenses that subjected him to imprisonment in those states. Thus, the prior convictions were properly used to enhance his sentence.

Brandley’s right to a speedy trial was violated because: the length of the delay was excessive; much of the delay was the State’s fault; although Brandley “never filed a written motion specifically demanding a speedy trial,” his counsel did announce ready for trial on multiple occasions and invoked Brandley’s right to a speedy trial at a pretrial setting; and Brandley was prejudiced by the delay.

SPEEDY TRIAL – ASSAULT CAUSING INJURY/FAMILY VIOLENCE: Defendant’s right to speedy trial was violated by 42-month delay in prosecution.

Caad v. State, No. 03-19-00687-CR (Tex. App.—Austin Aug. 31, 2021, no pet.) (mem. op., not designated for publication). Prior to pleading guilty to felony offenses, Caad filed a motion to suppress evidence, challenging the legality of his arrest. The trial court denied the motion, and the appellate court affirmed. The court observed that the detention and search that were the basis of Caad’s appeal were reviewed in a related appeal by his co-defendant, and the district court heard the motions together and based on the same evidence. The co-defendant’s appeal was decided by a different appellate court pursuant to a transfer order, and because “the facts and legal issues in this appeal are virtually identical,” the court concluded that the law-of-thecase doctrine required the same AUSTIN LAWYER AL AL result in Caad’s appeal.

State v. Brandley, No. 03-1900602-CR (Tex. App.—Austin Aug. 6, 2021, no pet.) (mem. op., not designated for publication). In February 2016, Brandley was arrested for assault causing injury/ family violence and released on bond. In August 2019, the trial court granted Brandley’s motion to set aside the information based on violations of his right to a speedy trial. The State appealed, and the appellate court affirmed. The court examined the delay in light of the well-established Barker v. Wingo factors: 1) length of the delay, 2) reason for the delay, 3) assertion of the right, and 4) prejudice to the accused. The court concluded that

LAW OF THE CASE – MOTIONS TO SUPPRESS: Appeal from denial of motion to suppress was governed by co-defendant’s related appeal in different appellate court.

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FEDERAL CIVIL COURT UPDATE The following are summaries of opinions issued by the U.S. Court of Appeals for the Fifth Circuit. The summaries are overviews of particular aspects of each opinion; please review the entire opinions.

> EVIDENCE: Courts may not take judicial notice of archived webpages on online archive service because online archive services are not sources whose accuracy can be reasonably questioned under Federal Rule of Evidence 201. Weinhoffer v. Davie Shoring, Inc., 23 F.4th 579 (5th Cir. 2022). Offshore Specialty Fabricators (“OSF”) was subject to a Chapter 11 bankruptcy plan administrated by liquidating trustee David Weinhoffer. As part of that plan, OSF auctioned off a large housing module through Henderson Auctions. Auction participants who participated online did so through a third-party website called Proxibid, where they could view the auction’s terms and conditions. One of the terms declared that a winning bidder who failed to perform would be liable only for 20% of the bid price. Warren Davie participated in the auction but did so via phone. He placed the winning bid of $177,500 on a phone call with an employee of Henderson Auctions. But after the auction concluded, Davie refused to pay for the module because it proved difficult to move. Weinhoffer brought suit as OSF’s liquidating trustee, seeking to recover the entire amount of Davie’s bid. The case was tried to the bench. Davie argued that the terms of the auction limited damages to 20% of the winning bid. To establish the terms of the auction, Davie offered (among other things) an archived version of the Proxibid website from a website known as the Wayback Machine, which is an online archive of web pages. Weinhoffer asked the district court to take

judicial notice of the Wayback Machine archive page, and the district court did so, finding that the archived webpage was a source whose accuracy could not reasonably be questioned under Federal Rule of Evidence 201. The district court then relied on those terms to limit recovery to 20% of the winning bid. On appeal, the Fifth Circuit held that the district court erred in taking judicial notice of the archived webpage. The court noted that although several other circuits had taken judicial notice of archived webpages, they did so only when there was other evidence to authenticate the webpage, such as testimony from someone with personal knowledge of the reliability of the archive service. Here, there was no such evidence. To the contrary, the Wayback Machine’s terms of use disclaim any guarantees of accuracy regarding content stored there. Lacking any other evidence of authenticity, the court concluded that the Wayback Machine’s archive was not a source whose accuracy cannot be reasonably questioned and, thus, the district court erred in taking judicial notice under Rule 201. APPELLATE JURISDICTION: Under Federal Arbitration Act, denial of motion to reconsider order compelling arbitration is interlocutory and unappealable. Doe v. Tonti Mgmt. Co., No. 21-30295, 2022 WL 293222 (5th Cir. Feb. 1, 2022). Jane Doe leased an apartment in a complex operated and managed by Tonti Management Company. Doe asked for an accommodation from Tonti’s one-animal-per-apartment policy so that she could have a suitable emotional support cat. When Tonti denied her request, Doe sued for declaratory relief, injunctive relief, damages, and punitive damages under the Fair Housing Act. Tonti moved to compel arbitration. Doe opposed the motion but argued that if the district court was compelled to grant it,

then it should sever the arbitration provision’s cost-splitting provision and require Tonti to pay Doe’s share of the arbitration costs. The district court granted Tonti’s motion to compel arbitration and denied Doe’s request to sever the cost-splitting provision. Regarding the request to sever, the district court held that the issue was not properly before it because the arbitration provision contained an enforceable delegation provision, making the issue one for the arbitrator to decide. However, the court acknowledged that Doe had little money to pay the fees and reasoned that the parties could resolve the issue. In the event the parties could not resolve the issue, the district court authorized Doe to file a motion re-urging her argument. Following the district court’s order, Tonti refused to pay Doe’s share of the arbitration costs and instead asked Doe to pay her share. Doe therefore filed a motion to re-open the case and sever the cost-splitting provision of the arbitration clause. The district court denied the motion, holding that the dispute should be addressed by the arbitrator. Doe filed a notice of appeal. On appeal, Tonti argued that the Fifth Circuit lacked jurisdiction over the appeal because the order denying Doe’s motion for reconsideration was not a final order. The Fifth Circuit agreed. Although the Federal Arbitration Act authorizes interlocutory appeals from orders denying motions to compel arbitration, an appeal from an interlocutory order compelling arbitration is not permitted. Under clear Fifth Circuit precedent interpreting the Act, orders compelling arbitration that stay and administratively close the case pending the outcome of arbitration are interlocutory and unappealable. In two previous unpublished opinions, the Fifth Circuit extended this rule to orders denying reconsideration of an order compelling arbitration. And the Court noted that “it was time [it] did so in a

David Shank represents clients in highstakes, complex disputes in Texas and around the country. He is a partner at Scott Douglass McConnico, LLP.

published decision.” Thus, the Court held that a denial of a motion to reconsider an order compelling arbitration does not possess any more finality than the order compelling arbitration itself; both are interlocutory and unappealable under the Federal AUSTINLAWYER L AL ArbitrationAAct.

MARCH 2022 | AUSTINLAWYER

CRIMINAL COURT NEWS

Guns and Drugs: Help from the Fifth Circuit? BY DAN DWORIN

D an Dworin is a criminal defense attorney licensed in the Western District of Texas since 1997. He is board certified in criminal law by the Texas Board of Legal Specialization. dworinlaw.com.

t is not uncommon for defendants facing drug charges in federal court to see the enhancements added to their sentencing guideline range based on possession of a firearm. The use or possession of a firearm in connection with a drug crime can lead to a longer sentence based on various provisions of the U.S. Sentencing Guidelines and the federal criminal statutes. Federal judges tasked with sentencing defendants are required to consider the application of the federal sentencing guidelines. These guidelines, though not

binding on the judge, are, however, generally fairly persuasive. Thus, there is often litigation at sentencing hearings over various facts that are determined by the U.S. Probation Department in preparation of a “pre-sentence report,” which contains the department’s calculation of the applicable guidelines. One area which is often litigated regarding sentencing is whether a firearm found on or near a drug defendant can be considered to have been possessed by the defendant in connection with the drug crime. Under U.S. Sentencing Guideline 2D1.1(b)(1),1 two points are added to the base offense level for the drug crime if a firearm was possessed in connection with the offense. Recently, the Fifth Circuit considered a case in which a sentencing judge had applied the firearm enhancement over the defendant’s objection.2 In Sincleair, the defendant had sold methamphetamine to another individual who later sold some of it to another customer. It so happened that when the police executed a search warrant on the home of the man to whom Sincleair had sold the drugs, Sincleair himself was present using drugs with some other people.3 A

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firearm was also found on a table near where the defendant and others were sitting.4 The Court vacated and remanded the sentence for the district court to make specific findings about whether it believed that Sincleair personally possessed the firearm, or whether a co-defendant’s possession of the firearm could be reasonably attributed to him.5 Nevertheless, the Court made it fairly clear that it did not think there was a valid legal rationale to find Sincleair possessed the gun under either theory. The Court noted that the gathering at which Sincleair was arrested was not part of his drug transactions, nor was there anything to connect him specifically to the firearm. A “temporal and spatial connection” between the

firearm and the drug offense is required for the enhancement to be correctly applied.6 Defense attorneys dealing with federal drug cases with firearms somewhere in the factual mix should carefully consider whether to file an objection to any attempt to enhance the sentence and not just assume that presence of a gun alone willAUSTIN satisfy the requireLAWYER AL AL ments of the Fifth Circuit. Footnotes 1. See U.S. Sentencing Commission, 2021 Guidelines Manual Annotated, https://www.ussc.gov/guidelines (last accessed Feb. 7, 2022). 2. United States v. Sincleair, 16 F.4th 471 (5th Cir. 2021). 3. Id. 4. Id. 5. Id. 6. Id. (citing United States v. Zapata-Lara, 615 F.3d 388 (5th Cir. 2010)).

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Structured Settlement Sales Call for Attorneys to Participate in the Proposed Attorney Ad Litem Wheel BY JUDGE MAYA GUERRA GAMBLE

The Hon. Maya Guerra Gamble is the presiding judge of the 459th Civil District Court in Travis County.

Background on Structured Settlement Sales If you practice in the area of personal injury law then you already know that many settlements are awarded in the form of annuities or “structured settlements,” especially in the situation where a plaintiff is a minor. In theory a structured settlement is thought to be a win/win/win situation: The minor receives compensation for her injury and that money is protected from both her own potentially unwise and youthful spending decisions and from her parents’ potentially unwise spending decisions. Depending on the size of a settlement, the plaintiff could end up with multiple lumpsum payments as well as monthly payments stretching over 10, 20, 30 years, or in some cases even “lifetime” benefits, all tax-free. A definite “win” for the plaintiff.1 A structured settlement is also a “win” for the defendant, by reducing the cost of settlement without reducing the compensation to the plaintiff. The state also has a “win” as the income stream will likely prevent reliance on any state support down the line for the injured person. 20

AUSTINLAWYER | MARCH 2022

The Texas Structured Settlement Protection Act But what if our hypothetical minor plaintiff is now 18, 30, or 40 years old and wants more of the money than he is receiving in monthly payments, what can he do? That is where CPRC Chapter 141, the “Structured Settlement Protection Act” governs.2 Chapter 141 took effect Sept. 1, 2001 in response to a rise of “factoring companies” and their often unscrupulous and abusive tactics. If you have ever found yourself watching daytime tv on a sick day, you have seen the slick ads. Factoring companies buy the right to receive all or a portion of the plaintiff’s payments but often only give the plaintiff a greatly reduced sum in return. The legislature believed this practice defeated the very purpose of the structured settlements and enacted Chapter 141 to provide for court review of these transactions. Chapter 141 is comprised of three major requirements: (1) the settlement purchaser must provide specific disclosures to the payee; (2) the settlement purchaser must provide notice to the court and “interested parties”; and (3) the court must make three express findings of fact before a transfer may be approved.

Depending on the size of a settlement, the plaintiff could end up with multiple lump-sum payments as well as monthly payments stretching over 10, 20, 30 years, or in some cases even “lifetime” benefits, all tax-free. Disclosure Requirements At least three days before the date on which the payee signs the transfer agreement, the purchaser must provide her with a disclosure statement clearly outlining (in bold type and 14-point font): • The amount and due dates

Interested In Being on the Wheel Appointment List for Travis County District Court? Contact Judge Maya Guerra Gamble through her assistant. Email shannon.matusek-steele@ traviscountytx.gov and include “Chapter 141 Wheel” in the subject line. Include your name, phone number, bar license number, and any relevant experience you believe you have. Once we have a sufficient number of interested attorneys, we will hold a CLE on the topic (one hour) and then begin appointments.

• • • •

•

of the structured settlement payments being sold; The aggregate amount of the payments being sold; The discounted present value of the payments being sold; An itemized listing of all applicable transfer expenses; The amount of any penalties or liquidated damages payable by the payee in the event of breach of the transfer agreement by the payee; and A statement that the payee has the right to cancel the transfer agreement without penalty or obligation within the next three business days.

Notice Requirements The purchaser must file an application to approve the transfer with the appropriate court (i.e., the court of original jurisdiction

or the court in the county in which the payee currently lives) and at least 20 days before the hearing provide all “interested parties” with notice of the proposed transfer and a copy of the following documents: the application, including a copy of the transfer agreement; the disclosure statement; a list of the payee’s dependents and their ages; notice that any interested party is entitled to support, oppose or otherwise respond; and notice of the time and location of the hearing on the application. Findings of Fact The court must make the following express findings of fact: 1. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents; 2. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer

and has either received the advice or knowingly waived the advice in writing; and 3. The transfer does not contravene any applicable statute or an order of any court or other governmental authority. As you might expect, the “best interest” finding is the one which keeps judges up at night. Telling an adult that you believe you know better than they do and thus you will not allow them to have their money can be a difficult task. Sometimes the decision is easy, such as when the payee is evidently suffering from reduced capacity and is being taken advantage of by a friend or family member. Other times the decision is more fraught: when the payee is not of a reduced capacity but perhaps makes life and financial choices that do not seem to be in her own best interest. One might ask, why is this adult to be treated differently than any other adult who is allowed to make mistakes with their finances?

Courts’ Judgment and Establishing Guidance Similar to a trust established by a parent, the structured settlement is put in place with restrictions that the beneficiary may not change. Public policy and Texas law require that the court make an arguably paternalistic determination as to whether the payee is able to decide for himself whether to sell his own property. No other guidance is given by Chapter 141 to direct the courts in their examination, and typically the only parties appearing are the payee and the proposed purchaser. Thus, courts are left to craft their own examination and set of red flags to consider. In Travis County, the bench has created just such guidance for the judges. Another tool the Travis County bench can use is to appoint an attorney ad litem. An attorney ad litem reviews fees paid by the purchaser, advises the payee, and negotiates on her behalf. Involving an attorney ad

litem often can result in a significantly better deal for the payee. The Travis County District Court is looking to create an appointment wheel of attorneys who are qualified and interested in accepting these short-term appointments. In Travis County, the structured settlement sale requests typically come to the courts during the uncontested docket or the submission docket. Approximately 70 such requests were filed in Travis County District Courts in 2020 and 2021. Please consider becoming an AUSTIN LAWYER AL AL attorney ad litem. Footnote 1. See IRC §104(a)(1) or (2); 25 U.S.C. § 130. 2. See generally Tex. Civ. Prac. & Rem. Code §§ 141.001–.007.

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OPENING STATEMENT

Literary References Use by Lawyers BY WAYNE SCHIESS, TEXAS LAW, LEGALWRITING.NET

ast month I reported on a study of federal judges’ use of literary references in judicial opinions. This month I report on my own survey of lawyers’ use of literary references in appellate briefs—with a focus on briefs filed in three local courts. THE RESEARCH Professor Gerdy Kyle’s study relied on a list of 67 of the most significant literary authors from the 1800s to the 2000s.1 I relied on the same list, which can be found on my blog, LEGIBLE.2 I searched the Westlaw database of appellate briefs without any time restriction, and the resulting period was 1994 to the present. To give my research a local flavor, I filtered for appellate briefs filed in the Texas Supreme Court, the Texas Court of Criminal Appeals, and the Third Court of Appeals in Austin. I quickly learned that I needed to omit the Greek epic poet, Homer. He was not cited a single time, although there were more than 130 results for that name: people, places, law firms, and even one reference to Homer Simpson. After sifting through the results, I had 256 briefs with literary references. THE RESULTS Here are the top ten most frequently cited literary authors in my research, with the total number of citing briefs in parentheses: 1. Lewis Carroll (44) 2. William Shakespeare (34) 3. Mark Twain (27) 4. Robert Frost (24) 5. Victor Hugo (23) 6. Charles Dickens (16) 7. John Milton (12) 8. George Orwell (12) 9. Arthur Conan Doyle (9)

10. Aesop (6) What does it say about appellate briefs in Texas that the most-cited literary author is Lewis Carroll? He was sixth in the study of federal judicial opinions. Other points of interest: Shakespeare’s most cited play was Hamlet, with 20 citations. No other play had more than three, and there was a citation to King Henry VI, Part 1, which I will confess I’d neither read nor heard of. There were no female authors cited in my research, and only seven on Professor Gerdy Kyle’s list. SHOULD LAWYERS USE LITERARY REFERENCES? The best and most thorough guidance on lawyer use of literary references is in Michael R. Smith’s book, Advanced Legal Writing: Theories and Strategies in Persuasive Writing.3 Professor Smith supports the use of literary references in persuasive legal documents and offers reasons to use them and reasons to be cautious. He identifies three reasons that literary references can be useful. First is shared-knowledge theory: If the literary reference is familiar to the reader, the reference helps communicate an idea quickly and efficiently. Second is the idea that if the reference calls up a past literary experience for the reader, it allows the reader to “bring past literary knowledge to bear on the analysis”4 and enhance the reader’s understanding. Third is classical rhetoric: logos, pathos, ethos. Literary references can appeal to logic or emotion, or they can strengthen the writer’s credibility.5 But he also offers cautions. Avoid obscure literary references—you want to be confident that your reader will understand the reference. Note any cultural dif-

So go ahead with literary references in your briefs; they do have some persuasive force. But ask yourself these questions first: Will my reader be sure to understand—and appreciate—the reference? Is the reference distracting or offensive in any way? Am I just showing off? ferences between writer and reader that could make a reference obscure or, worse, offensive. And keep use of literary references to a minimum—the more you use them, the less value they have; overused references become cliches that lose their persuasive force.6 So go ahead with literary references in your briefs; they do have some persuasive force. But ask yourself these questions first: Will my reader be sure to understand—and appreciate—the reference? Is the reference distracting or offensive in any way? Am I just showing off? Next month, a few examples of literary references in briefs with AUSTIN LAWYER AL AL my reactions.

Footnotes 1. Kristin B. Gerdy Kyle, Big Brother, Othello, and Dogs that Don’t Bark: The Use of Literary Allusion in Federal Appellate Opinions, 2020 S. Cal. Interdisciplinary L.J. 427, 440-51 (2020). 2. https://sites.utexas.edu/legalwriting/. 3. 3d ed. (2012) (chapters 11-14). 4. Id. at 257. 5. Id. at 257-59. 6. Id. at 259-63.

MARCH 2022 | AUSTINLAWYER

ENTRE NOUS

Trial By Twitter BY CLAUDE DUCLOUX

25-C-0025

s a young lawyer, back in the days when lots of juries were allowed in the courthouse, I understood the value of listening to talk radio in the afternoons. While living in my own little bubble of established science and the reliability of Catholic-school math (we were still “carrying the one”—not referencing “countable manipulatives”), I tuned in to Cactus Pryor & Carolyn Jackson’s talk show on KLBJ-AM, and heard my fellow Austinites opine on all manner of subjects. I became acutely aware that these fellow citizens very 24

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well could be part of my next voir dire panel. These experiences taught me three valuable lessons: • Shockingly, not everyone shares my opinions and values. • Not everyone has empathy for the plight of their fellow citizens; and • Necessary pharmaceuticals were clearly out of their reach. Talk radio was, however, enlightening, and fascinating, and really helped to prepare me for encountering wildly different personalities, and of course, skillfully using my peremptory challenges like a Jedi uses his light saber to dis-invite the most

dangerous to my client’s jury. However, back then the vast majority of my fellow citizens still trusted science and math, and their own eyes. As you know, that is NOT the case anymore. All you have to do is follow one string of social media to descend into a level of dysfunction which rivals 6-year-olds trying to swim the butterfly stroke. Too many of our citizens (and leaders) have normalized lies, nonsense and fictional excuses that would have been laughable 30 years ago. As this creeping toxin continues to infect us, I envision additional changes to

our jury trials. Some of these, of course, result from our “virtual” experiences during the Covid lockdowns. And, as these variants drag us further and further into the future, and away from “in-person” trials, we need to get these disputes resolved in other ways. Psychologists tell us that we make better decisions as groups. That is the miracle and basis of the jury system. Juries employ different perspectives to seek consensus, and it always fascinates and informs me to find out after each trial how my jury weighed the evidence. (In that same vein, I always preach to young lawyers, “Talk to your colleagues about your theories on a case.” A good lawyer wants his/her theories questioned, as it helps to prepare, reinforce, or discover loopholes that could doom their recovery or defense.) Add to this, the success of virtual jury trials, where people not anywhere close to the courthouse can serve on a jury. While it has worked, the fanciful thought that jurors don’t “discuss” the case with others during virtual trials should be given a laugh and the skepticism it richly deserves. So,

Psychologists tell us that we make better decisions as groups. That is the miracle and basis of the jury system. here’s what my magic crystal ball says for jury trials in 2025. The Texas Rules of Civil Procedure, Rule 284, requiring the judge to “caution the jury” not to post any information about the case, will be reversed. Now each juror shall be entitled to post his or her thoughts on social media under the New Rule 284, and ask the public at large for their thoughts. Let’s jump into the future and see how it’s working: Cause No. 25-C-0025, Jones v. Randalls Market. The plaintiff, Mr. Jones, a physical therapist, alleges he slipped on a spilled kale

latte imperiling the juice aisle at his local supermarket. Each juror has simply been assigned a number for his/her comments, and the public at large may follow and comment. JUROR 1: I think Mr. Jones seems like a nice guy, but I’m not sure I can trust him. He’s got a Green Bay Packers flag in his Zoom background. 14 Packers fans post comments showing their flags. 74 Dallas fans allege that Aaron Rogers is a liar, so Jones is, too. 154 people post angry messages that vaccination status should be private. JUROR 3: He’s asking for $50,000 for his pain and suffering, but he seems really overweight, and that probably made it worse. 123 people blast J-3 for “fat-shaming.” 12 people post pictures of themselves. 21 people post pictures of

their fat dogs. One person posts a picture of their fat dog wearing a Packers jersey. JUROR 6: I think Mr. Jones, as a physical therapist, should have had a healthier lifestyle. Like being vegan like me. He probably wouldn’t have slipped if he was vegan! 44 people post pictures of their vegan snacks. 164 post selfies in the mirror of their vegan bods with “thumbs up” icons. 12 people post that ivermectin works well on joint pain, when combined with Xanax. Seven people send TikTok dances. JUROR 8: I agree with Juror 6—I don’t know how you can slip on kale in the first place. I think he’s faking. 12 engineers post messages explaining the co-efficient of friction. One person says their dog ate kale and died, and ivermectin

didn’t help. 13 people post pictures of their dogs eating odd foods. An engineering student posts an explanation of the frictional force of kale lattes as opposed to green tea espressos. Eventually, when all 3,442 opinions have been voiced, the jury reaches its verdict. The roiling opinions begin anew, however, with this outbound question: JUDGE: Hey everybody, thanks for your help, but what do you think I should do? I’m kind of mixed up. The jury found that ivermectin gets blood stains out of Packers jerseys. But didn’t award any medical expenses? Now what? What does all this tell us about the pervasive IQ-lowering power of social media? To me, the unequivocal implication is, “Um…I’m going to need a few more peremptory challenges, yourAUSTIN honor.” LAWYER L AL Keep the A faith.

Effective Jan. 1, 2022, the B&V Pathway Forensics team has joined Crowe, a public accounting, consulting, and technology firm with offices around the world. Crowe helps protect organizations from both internal and external threats through our digital forensics services. Our specialists have extensive courtroom experience and can provide neutral, third-party insights. Crowe is recognized by many organizations as one of the best places to work in the U.S. and is named a Market Leader in Legal Operations for 2021-2022 by ALM Intelligence. Learn more at www.crowe.com/forensic-services. Visit www.crowe.com/disclosure for more information about Crowe LLP, its subsidiaries, and Crowe Global. © 2022 Crowe LLP.

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MARCH 2022 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

AY LA GUEST COLUMN BLAIR LEAKE, WRIGHT & GREENHILL, P.C.

We Deserve to Laissez Les Bon Temps Rouler AYLA’s First Annual Crawfish Boil

fter nigh two years of lockdowns, restrictions, and anxiety, most of us could use a party. One fantastic opportunity to do so will be at AYLA’s inaugural Crawfish Boil on Saturday, April 9, 2022. The event will be outdoors, which according to CDC guidelines significantly lessens the likelihood of COVID-19 transmission, especially for those who are vaccinated. That being said, I am no doctor. I am, however, a lawyer who married into a Cajun family, and I thus know just enough to be dangerous—and to describe to you why a crawfish boil is the best way for lawyers to relax and have a good time this coming spring. First, a history and linguistics lesson: The colloquial term you use for the critter known as procambarus clarkii likely differs depending on where you—or where your parents—were raised. According to studies performed by NC State University’s Joshua Katz, those with roots from the Deep South—especially Louisiana— typically call them “crawfish.” Those from Yankeedom and the Upper Midwest typically say “crayfish.” Those from the rest of the Midwest and the West Coast typically use the term “crawdad.” Overlap and exceptions of course abound, and other sources also include hyper-regional terms like “river lobsters,” “mudbugs,” and—in Australia of all places— 26

AUSTINLAWYER | MARCH 2022

“yabbies.” Native Americans are the first documented connoisseurs of crawfish in North America, where the greatest diversity of crawfish species is found. According to the Native Heritage Project, French documents from the 1600s describe the Houma people of Louisiana as having used the red crawfish as a tribal war emblem because of the mighty little crawfish’s tendency to respond to threats by raising its claws in defense in lieu of retreat. In the 1700s, the Acadians—the forced migration of whom is a terribly tragic diaspora story criminally under-studied in our history curriculums—eventually arrived in Louisiana from the coastal regions of Canada after having migrated from France roughly a century earlier. According to the Louisiana Office of Tourism, Acadians in the 1800s started using modified lobster recipes passed down from their Canadian forefathers to cook crawfish. The rest is delicious, delicious history. Much like the controversial topic of what should and should not grace a gumbo, Cajuns have vastly different—and heated—opinions about how to boil crawfish. Typically, though, the crawfish are prepped, and a huge pot of water is seasoned and then boiled for a time. Proceeding in successive batches, the chef then adds to the pot the crawfish and accoutrements that usually include some combination of andouille sausage, onions, heads of garlic, corn on the cob, quartered potatoes, butter, and lemons. For seafood and Cajun cuisine aficionados, the smells are amazing. Attending a crawfish boil offers

attorneys a unique experience seasoning added each time—makcompared to the usual rogues’ galing each batch spicier and more lery of legal events. Crawfish boils flavorful than the last. are typically held outdoors during In a word, crawfish boils are the day, with peak crawfish season communal. You sit as a small running from late February group, drink cold libations on through May. Serving as a great a sunny day, eat, and talk about equalizer, wearing fancy clothes is eating. The food is divvied up a terrible idea given the somewhat between you, and there is usually messy process of breaking open more than enough crawfish to and eating each spiced crawfish by go around. The small groups hand. That process includes speand time spent together lends to cial “tricks” that veteran crawfish getting to know your tablemates boil enthusiasts usually cannot far more than five-minute converwait to teach and demonstrate to sations at legal bar mixers usually the others at the table to show off yield. Last month, I urged you all their prowess at removing the ento prepare to emerge from your tirety of the delectable white meat COVID-19 bunkers and re-engage therein in one fell swoop. Doing with and support AYLA, lest our so correctly becomes a bona fide legal community’s incubator of continuing conversation piece, as professionals lose the momentum participants crack them open and it has built up through decades show off their handiwork to the of hard work and involvement rest of the table in turn. Succesfrom so many of you. Open to sively throughout the day, each attorneys of all ages and their new batch of piping hot crawfish, families—and regardless of what sausage, and veggies are dumped you call a crawfish—it would be on butcher paper down the length hard to imagine a more enjoyof the table in the most distilled able way to do so than attending version of family-style dining AYLA’s inaugural Crawfish Boil imaginable. The water is normallyAUSTIN thisLAWYER April. Laissez les bon temps AL AL re-used for each batch—with more rouler!

AUSTIN YOUNG LAWYERS ASSOCIATION

Sustaining Member Spotlight: Patrick Cantilo

AYLA: Tell us a little bit about yourself and your law practice. PATRICK: After getting my B.A. in government, I stayed at UT Austin for law school a long, long time ago, when Austin was a much smaller place with a much smaller legal community. By my second year, I wanted a job that would not only help me put myself through school, but also teach me about practicing law, not just “thinking like a lawyer.” I was fortunate to snag a spot as a law clerk for the Texas State Board of Insurance’s Liquidation Division. During

the ensuing five years (three as a staff lawyer), I learned a lot about insurance and especially insurance regulation and insolvency. I left the State during my third year as a lawyer and joined a prestigious Austin law firm to practice insurance defense law. After two years, several of us formed our own firm, where I resumed focusing on insurance regulation and insolvency. That has remained the core of my practice through five law firms, most successors of each other. The firm I head now, Cantilo & Bennett, L.L.P., has just celebrated its 21st birthday and (I am proud to say) has achieved a national reputation in that unique area of the law because of the extraordinary quality and diligence of our lawyers and supporting team. AYLA: Why has your firm been a consistent supporter of AYLA? PATRICK: Practicing law is an enormous responsibility which, unfortunately, can lend itself to a deplorable lack of civility. AYLA is an extraordinary resource in several important respects. Among these is the fostering of a sense of community among

INTERESTED IN WRITING FOR AUSTIN LAWYER? Contributing authors sought for inclusion in Austin Lawyer. Articles on various legal-related topics are considered for publication monthly. Please limit submissions to between 500 and 750 words. Send articles to Sonta Henderson, Managing Editor, at sonta@austinbar.org. Submission is not a guarantee of publication.

AUSTINLAWYER

Austin’s lawyers and judges. This friendly familiarity encourages mutual respect and collaborative work, even while engaged in adversarial matters. It also facilitates meaningful professional development. Just as importantly, it emphasizes and promotes the significant role we must play in our community. AYLA: What’s your favorite moment of your career so far? PATRICK: It would be difficult to pick a single such moment. However, my firm and I have been extraordinarily fortunate in that we have had many opportunities to achieve meaningful results for large numbers of insurance policyholders who, without our work, would have lost important health and other insurance coverages. We have helped many thousands of Americans obtain essential healthcare, retain protection against the costs of aging, preserve protection for their property, and avoid the worst consequences of financial debacles. None of this work was done on a contingency, though we were reasonably compensated

for most of it. Still, the relief we were able to provide for so many people who often lack the means to protect themselves has been its own reward without exception. AYLA: What’s your best piece of advice for young attorneys? PATRICK: Most practicing lawyers are smart and creative. What distinguishes excellent lawyers from the rest are a genuine understanding of what their clients need and want and an unrelenting willingness to work hard to accomplish those goals. Preparation serves to separate the great from the rest far more than “natural talent” and entertaining eloquence. Eschew shortcuts! You may get away with one or two but, eventually, your client and you will pay the price for skipping essential steps. Finally, respect the court, your opponent, and your counterparties. Refrain from making disingenuous arguments, misrepresenting legal authorities, or pushing unreasonable negotiating positions. Earned respect is a currency that will serveLAWYER you well the length of AUSTIN AL AL your career.

UPCOMING EVENTS FRIDAY, MARCH 4, 2022 AYLA Board Nominations and AYLA Service Awards Due 5 p.m. For nominations forms, visit ayla.org. SATURDAY, APRIL 9, 2022 AYLA Foundation Inaugural Crawfish Boil Fundraiser 12 noon – 4 p.m. Hilgers House, 712 W. 16th Street, Austin TX 78701 Tickets: $25 and include crawfish, sides, drinks and live entertainment. Go to ayla.org to purchase tickets. Visit ayla.org for a complete list of events and updates.

MARCH 2022 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

2022 MLK Day of Service Helping the Austin Animal Shelter, We Are Blood, Dress for Success, Central Texas Food Bank, Flo Code, Austin Allies/BookSpring, and the Inside Books Project

he Austin Young Lawyers Association hosted the 12th annual AYLA MLK Day of Service to honor the legacy of Dr. Martin Luther King, Jr. The event was held on MLK Day, Jan. 17, 2022, and young lawyers were able to volunteer and collect donations for multiple local organizations. The first volunteer shift started early at 8 a.m. at the Austin Animal Shelter, where members got to walk and love on furry four-legged friends waiting for adoption. AYLA hosted another successful blood drive for We Are Blood, filling all the spots available on the day of the drive with a total of 23 successful donations. On the front porch at Hilgers House, AYLA and Austin Bar members put together 86 packs of feminine hygiene products for a Flo Code “packing party”: free menstrual products to be donated to Dress for Success. AYLA collected and donated 314 pounds of nonperishable food items for the Central Texas Food Bank and books for both Austin Allies (who work with BookSpring) and the Inside Books Project. AYLA is grateful for the

AYLA collected and donated 314 pounds of nonperishable food items for the Central Texas Food Bank and books for both Austin Allies (who work with BookSpring) and the Inside Books Project. individuals and families who helped make this year a success

PATIENT

AYLA MLK Day of Service volunteers.

for each of the organizations. We AUSTIN in 2023 for the next MLK Day of LAWYER AL AL look forward to seeing everyone Service.

PRACTICAL

PERSISTENT

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Rob Hargett

AUSTIN YOUNG LAWYERS ASSOCIATION

It’s a Wrap for Virtually Legal Austin Legal Community Raised Most in Donations

he Austin Young Lawyers Association (AYLA) ended the year on a high note by launching its Virtually Legal event on Dec. 9, 2021. The virtual musical was the first of its kind held statewide in conjunction

Texas Access to Justice Foundation’s statewide fundraiser back in May 2020, where the performers were lawyers and judges. The Bar & Grill Committee recognized the talented performers in the legal community and sought out others to partner in

The virtual musical was the first of its kind held statewide in conjunction with bar associations from other Texas metropolitan cities including Houston, Dallas, and Fort Worth. with bar associations from other metropolitan cities. This collaboration came to life after Austin’s Bar & Grill participated in the

a virtual event for 2021. Bar associations from Houston, Dallas, and Fort Worth were eager to collaborate. After months of

meeting and planning, Virtually Legal came to life! The event streamed live from Austin and

included musical performances with a comedic flair. The software used for the event allowed viewers to watch and donate to their favorite performance in real time! Lawyers and judges sang their hearts out for a worthy cause. Thanks to the great support from the Austin legal community, our exceptional Bar & Grill raised the most in donations during the event. Bar & Grill would like to give a special thanks to Debbie Kelly for coordinating the ticket sales, donations, and all the logistical support for the event, which streamed for AUSTIN LAWYER AL AL three weeks.

SAVE THE DATE june 3, 2022

Bench Bar Conference: Emerging from the Pandemic Austin Country Club (with option to attend virtually)

REGISTRATION IS NOW OPEN!

AUSTINBAR.ORG

MARCH 2022 | AUSTINLAWYER

Help Wanted You Can Make a Difference by Volunteering to Represent Tenants Facing Eviction BY BILL CHRISTIAN

Bill Christian is an attorney at Graves Dougherty Hearon & Moody and cochair of the Pro Bono Committee of the Austin Bar Association.

f you’re looking for a pro bono opportunity where your work contributes to immediate change in the community, then you should consider the Volunteer Legal Services of Central Texas (VLS) Eviction Docket Program. This volunteer opportunity offers a chance to do high-impact work in cases that do not require an extensive time commitment and with plenty of help from VLS. VLS’s Eviction Docket Program serves low-income tenants facing eviction in Travis County JP courts by matching tenants, over Zoom, with volunteer attorneys. There is currently a “huge need” for attorneys to volunteer to help with the program, according to Carl Guthrie, the housing stability staff attorney at VLS. The need for lawyers stems from a recent rise in eviction filings, as various measures to prevent evictions during the pandemic expire. Over the course of the pandemic, residential evictions were suspended or limited by the CARES Act, emergency orders from the Texas Supreme Court, or executive decrees by local governments. In addition, the Texas Supreme Court and the 30

AUSTINLAWYER | MARCH 2022

can also avoid the stigma of an eviction on someone’s record, thus protecting a tenant’s ability to rent in the future. Marc Vockell, Assistant General Counsel for the University of Texas System, is another local attorney who has agreed to volunteer on a regular basis. He says the program is a good opportunity for younger lawyers to gain valuable experience because you get time before a judge and get to work one-on-one with a client. No prior experience with landlord-tenant law is necessary. Attorneys who commit to the program have access to eviction-law materials available on demand, and a VLS staff attorney is present at every Zoom eviction VLS’s Eviction Docket Program serves docket to assist. “You’re going to be a little uncomfortable at first low-income tenants facing eviction in doing something new—that’s part Travis County JP courts by matching them, of being a lawyer,” says Vockell. “But VLS staff is there to help over Zoom, with volunteer attorneys. you every step of the way.” In a recent opinion piece in Texas Department of Housing advice and representation in the The New York Times titled “It and Community Affairs instituteviction proceeding. Everything Should Take More Than 10 ed a statewide “eviction diversion takes place over Zoom, including Minutes to Evict Someone,” program” to provide rental and any court appearances. Chief Justice Hecht of the utility financial assistance to Abby Griffith, a lawyer at Texas Supreme Court praised eligible tenants and landlords. Jackson Walker, has been a the eviction reforms that were These extraordinary measures to volunteer with the Eviction introduced over the course of the reduce the number of evictions Docket Program since it first pandemic. He expressed the hope during the pandemic have ended formed early in the pandemic. that these reforms could outlast or are expected to end by March Last autumn, when VLS sought the pandemic, in order to achieve 1. As a result, the number of law firms to agree to provide “a common goal: to create an opeviction cases have already begun volunteers on a regular basis, she portunity for all litigants—tenants to climb, leaving many Central helped coordinate a group of ten and landlords—to have the time Texans in danger of losing their Jackson Walker attorneys, who and resources to resolve their homes and unable to afford the have agreed to provide at least housing problems in the least services of a lawyer to represent three lawyers to staff an eviction harmful way possible.” Lawyers them. docket on a regular basis. Griffith can help achieve that goal by Through the program, volreports that the eviction cases volunteering to represent tenants unteer lawyers appear by Zoom resolve quickly, within a week or in the VLS Eviction Docket for the eviction docket of one of two, and almost all by settlement. Program. To sign up, e-mail Carl the local justices of the peace. And no matter how brief, an atGuthrie (VLS housing stability A defendant facing eviction torney’s representation can make attorney) at cguthrie@vlsoct. AUSTINstaff LAWYER Aorg. L AL who appears pro se, wants the a significant impact. Just slowing assistance of a lawyer, and meets the eviction process down can the program’s financial eligibilbe a huge benefit for a tenant, ity guidelines is matched with allowing a few crucial days to find a volunteer attorney to provide alternative housing. A settlement

New Sustaining Fellows Become a Sponsor of the Austin Bar Association and watch your marketing dollars go further!

Thank You from the Austin Bar Foundation

e would like to thank the following members who have paid off their pledge to the Austin Bar Foundation and have continued to support the good works of the foundation by becoming Sustaining Members: Sam Bassett Paul Bessette Ryan Botkin Terry Bray Chip Brees Daniel Byrne Kelly Capps Jeffrey Chapman Fleur Christensen Judge Margaret Cooper James Cowden Claude Ducloux James Evans Hubert Gill

R. Kinnan Golemon Ann Greenberg John Greytok Brad Houston Randy Howry Denise Hyde Judge Robert Jones Judge John Lipscombe Joe Loiacono II Joe Longley Stephanie Lucie Scott Morse Milam Newby Sandra Nichols Paul Parsons Judge Bob Perkins Judge David Phillips Judge Tom Philllips Rhonda Rogers Sharon Schweitzer MarthaLAWYER Smiley AUSTIN AL AL Bill Wiese

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Austin Lawyer, March 2022

Articles inside

Guns and Drugs: Help from the Fifth Circuit?

Help Wanted

Structured Settlement Sales

Literary References

The More You Know

Annual Gala: Homecoming

Winter Storm Uri: Presenting, Adjusting and Litigating Claims

Coming Out of the Dark: Making a Positive Life Change