Austin Lawyer, April 2023

austinbar.org

APRIL 2023 | VOLUME 32, NUMBER 3

2023-24 Austin Bar Board Candidates Announced

Electronic Ballots to Be Distributed on April 14; Voting Will End on May 5

The Austin Bar’s nominating committee announces the following candidates for the board of directors for the 2023-24 bar year.

All races for officer positions are uncontested and there are eight candidates vying for four director positions. Director positions are for a two-year term.

The new board will take office on July 1, 2023, alongside incoming president Justice Chari Kelly.

Officer Candidates

President-Elect: Mary-Ellen King

Secretary: Maitreya Tomlinson

Treasurer: Judge Maya Guerra Gamble

Director Candidates

(four positions available)

Randy Cubriel

Rob Frazer

Matt Garcia

Mary Henderson

Rachael Jones

Cheryn Netz

Shelby O’Brien

Ciara Parks

Any qualified member not receiving the nomination of the committee may be included on the ballot by submitting a written petition signed by 75 members by

Friday, April 7.

Electronic ballots will go out on Friday, April 14, and voting will conclude at the annual Bench Bar Conference on May 5.

Mary-Ellen King

King is an attorney practicing general civil litigation with Thompson Coe LLP. She currently serves as secretary of the Austin Bar board. She has served as treasurer and as a director of the Austin Bar, as well as the AYLA board of directors. King was named the 2019-20 Austin Bar Outstanding Director and the 2012 AYLA Outstanding Young Lawyer; re -

ceived AYLA’s President’s Award of Merit in 2013; and is a graduate of the Austin Bar/AYLA Leadership Academy. She also served as Judicial Reception Committee chair from 2010 to 2014 and Austin Bar Foundation Gala co-chair from 2020 to 2023. She has been a member of the Solo and Small Firm section, where she served as chair, vice-chair, and programming committee chair. She currently serves as president of the Austin Chapter of CLM, on the Women Symphony League board of directors, as Outreach on Austin Pilgrimage Council, on the TRLA board of directors, is the 2022-23 president-elect of the Rotary Club of Westlake, and is an active member of the Westlake Chamber of Commerce.

Maitreya Tomlinson

Tomlinson is a board-certified civil appellate attorney and managing member of The Tomlinson Firm, PLLC. He currently serves

as treasurer of the Austin Bar and has previously served on the board as a director.

Judge Maya Guerra Gamble

Judge Guerra Gamble was elected to the 459th District Court bench in 2018. Her varied career prior to taking the bench included a solo practice representing children and parents in child protective services cases; representing whistleblowers at O’Connell & Soifer; prosecuting child pornography and child exploitation cases for the Texas Attorney General; suing companies committing fraud against the United States for the Department of Justice; and clerking for Judge Richard Cudahy on the 7th Circuit.

She currently serves as a director on the Austin Bar board. As chair of the Equity Committee, she oversaw the inaugural Equity Summit presented by the Austin Bar.

continued on page 26

ABOVE (from left): Austin Bar officer candidates Judge Guerra Gamble, King, and Tomlinson.

FEATURED ARTICLES

1 Austin Bar BOD Candidates for 2023-2024

NEWS & ANNOUNCEMENTS

Law Related Education Committee Seeks Volunteers

The Austin Bar/AYLA Law Related Education committee and the YMCA of Austin invite you to volunteer! There are many upcoming events to choose from. For more information, please visit austinbar.org.

DEPARTMENTS

CONNECTIONS

ONLINE austinbar.org

EMAIL rkjones983@gmail.com

MAIL Austin Bar Association 712 W. 16th Street Austin, TX 78701

SOCIAL

LIKE facebook.com/austinbar

FOLLOW twitter.com/theaustinbar

WATCH vimeo.com/austinbar

STREAM @AustinBarAssociation

UPCOMING EVENTS

APRIL 13 DEI Committee Book Club

Hilgers House, noon - 1 p.m. For more information and to sign up, please visit austinbar.org.

FOLLOW instagram.com/theaustinbar

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

AUST INL AW Y ER AL AL

OFFICIAL PUBLICATION OF THE AUSTIN BAR ASSOCIATION

AUSTIN BAR ASSOCIATION

Amanda Arriaga President

Justice Chari Kelly President-Elect

Mary-Ellen King Secretary

Maitreya Tomlinson Treasurer

David Courreges Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION

Blair Leake President

Sarah Harp President-Elect

Emily Morris Treasurer

Ciara Parks Secretary

Rachael K. Jones Immediate Past President

Austin Lawyer

©2023 Austin Bar Association; Austin Young Lawyers Association

EXECUTIVE OFFICES

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

Rachael K. Jones Editor-In-Chief and Interim Managing 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. District Court for the Western District of Texas and the Texas 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 above. For editorial guidelines, visit austinbar.org in the “About Us” tab.

IT'S A MAY DATE: Get Ready for Bench Bar 2023 on May 5! This top-notch event features subject matter experts in the legal community at the Norris Conference Center.

will receive an inside tour of the new Civil and Family Courts Facility on May 4.

Rick Cofer

Jaynie Badgett

Liz Duggan

Ramey Ko

Jeffrey Connelly

Puryear

Natalia Tsokos

AMANDA ARRIAGA, TEXAS

“T.A.G.” – You’re It!

Coming from a state government background, one thing that is always top of mind as we spend money is: “This is not our money. This is the taxpayers’ money.”

I want to encourage you, when you volunteer for or give resources to a non-profit organization, to play a game of “T.A.G.”: Transparency – Accountability – Governance.

The Austin Bar Association and Austin Bar Foundation are non-profit organizations. So, this isn’t our money either. It comes from you, our members, as dues or as donations by you or your workplaces. That’s why we owe you transparency, accountability, and good governance in all we do.

In May of 2021, we passed a policy to require bids for any purchase of goods or services over $1,000. This policy was meant to ensure we have good governance and also provide diverse businesses the chance to compete for our business.

Last summer, a question arose from some members as to whether we were adhering to this policy, since from their perspective, it didn’t seem like much had changed. That feedback was well taken, and I want to let you know that we conducted a full RFP (Request for Proposals) process for

the major expenses and events we had during this bar year. This includes our gala venue, the Marriott Downtown; our Bench Bar venue, the Norris Conference Center; and the publishing of Austin Lawyer, which is now handled by a company called Sail House

Publishing.

The full text of the policy can be found on page 7 of this issue. If you know of any business that should be added to the list for when we have expenses over $1,000, please contact me at amanda@austinbar.org AL

CASA

May of 2021, we passed a policy to require bids for any purchase of goods or services over $1,000. This policy was meant to ensure we have good governance and also provide diverse businesses the chance to compete for our business.

Equitable and Inclusive Vendor Policy and Procedures for the Austin Bar Association

Policy Statement: The Austin Bar Association (“Austin Bar”) is dedicated to creating mutually beneficial business relationships with historically underutilized businesses through the Equitable and Inclusive Vendor Policy (“Policy”). The purpose of the Policy is to foster strong relationships with diverse businesses by implementing an inclusive procurement process that provides maximum opportunity to businesses that are owned by persons in one or more of the following categories: Black, Indigenous, People of Color (BIPOC); Latinx and/or Hispanic; Asian and/or Pacific Islander; Women; Disabled; and/or Veteran (the “Diverse Businesses”). It is the Austin Bar’s goal to promote full and equal opportunity for Diverse Businesses to supply the goods and services needed to support the mission and operations of the Austin Bar. The Austin Bar commits to a good faith effort to increase purchases from and contracts with the abovementioned business categories. The Policy applies to all purchases of $1,000 or above.

Austin Bar Responsibilities:

The Austin Bar will identify and explore opportunities to identify and encourage the Diverse Businesses to compete for contracts for goods and services over $1,000 to the Austin Bar.

The list of frequently purchased goods and services that are opportunities for Diverse Businesses can be found on Attachment

1. The Austin Bar will seek potential vendors for each of those items to create a vendor list that can be utilized when the need for the purchase arises. On an ongoing basis, the Austin Bar will also reach out to groups who have relationships with these categories of vendors, including Chambers of Commerce and Affinity Bars, to solicit input on potential vendors to add to the list. There is no certification process for being considered one of the Diverse Businesses on the Austin Bar’s vendor list.

The Austin Bar website will include information on how Diverse Businesses can participate in Austin Bar procurement opportunities, as well as content communicating the value of vendor diversity.

The Austin Bar will designate a staff member to serve as the Equitable and Inclusive Vendor Liaison to advise and assist the Austin Bar in implementing the Policy. The Austin Bar designated staff member will report annually on the utilization and results of the Policy. On an annual basis, the Austin Bar president will designate an Austin Bar member to assist the designat-

ed staff member, as needed, in carrying out these tasks.

The Austin Bar shall include the Policy in all invitations for bids, services, products, requests for proposals, and/or other purchase solicitation documents.

Procedures: When the need to purchase goods or services over $1,000 occurs, the Austin Bar will send the opportunity to every vendor on the abovementioned list. In addition, when the need for such a purchase arises, the Austin Bar will send the solicitation to any groups (i.e., Chambers of Commerce, Affinity Bars, etc.) that have expressed interested in receiving those communications to distribute to their members.

Each vendor will have 10 days to respond to each solicitation

sent. The response period begins when the Austin Bar publishes the solicitation, not when it is received by the vendor.

There is no guarantee of winning a bid by signing up to be on the abovementioned list.

Emergency Purchases: Emergency purchases are exempt from this policy, even if the amount is $1,000 or more. The need for an emergency purchase can be determined by the Austin Bar’s Director or the Director’s designee.

This Policy amends the original Equitable and Inclusive Vendor Policy, takes effect on May 26, 2021 and remains in effect unless and until it is modified in writing by the Austin Bar’s Board of Directors, in accordance with governing bylaws and standards. AL

Focus on Your Well-Being during Well-Being Week in Law

Upcoming Weeklong Event Encourages Legal Professionals to Build Connection, Community

BY CHRISTINA LOFTUS, JD, LMSW

Christina is a lawyer, licensed social worker, and life coach with a firsthand understanding of the stresses and demands placed on those in the legal profession, having previously practiced law for over a decade. Christina earned a master’s degree in social work from The University of Texas at Austin and is a certified Human Potential Life Coach. She is employed at Travis County Health and Human Services.

Mark your calendars May 1 to 5, 2023, for Well-Being Week in Law (WWIL) https:// lawyerwellbeing.net/well-beingweek-in-law-2023/. This will be WWIL’s fourth year, scheduled during the first full week of May to coincide with Mental Health Awareness Month.

The purpose of WWIL, organized by the Institute for Well-Being in Law (IWIL), is to raise awareness about mental health and encourage action and innovation across the profession to improve well-being. IWIL (https://lawyerwellbeing.net) is a 501(c)(3) non-profit organization whose mission is “…the betterment of the legal profession by focusing on a holistic approach to well-being. Through advocacy, research, education, technical and resource

support, and stakeholders’ partnerships, we are driven to lead a culture shift in law to establish health and well-being as core centerpieces of professional success.”

IWIL was formed in 2020 following recommendations of the National Task Force on Lawyer Well-Being’s August 2017 groundbreaking report, “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.” The report summarized national data and surveys and provided a candid assessment of the well-being issues in the legal profession, including alarming rates of depression, anxiety, and substance use. To counteract these trends, the report recommends those in the legal profession develop continuous processes to promote emotional health, creative or intellectual endeavors, a sense of spirituality, physical health, and

social connections. To read more, see https://lawyerwellbeing.net/ the-report/.

During WWIL, there will be multiple opportunities for those in the law profession to participate, both individually and through organizations. For example, during WWIL 2022, the Aus -

tin Bar’s Lawyer Well-Being Committee hosted a meet-and-greet at Mozart’s Coffee for Well-Being Committee members to foster connections. Individuals could also share their own well-being tips by participating in a social media campaign using the hashtag #WellbeingWeekInLaw. In 2022,

more than 530 people participated in the #WellbeingWeekInLaw “challenge” by sharing one or more favorite well-being practices; all of those who participated were eligible to enter a drawing for well-being-boosting prizes.

WWIL features a wide variety of free webinars, videos, podcasts, and activities to coincide with each day’s themes. The theme for WWIL in 2023 is “Connection and Community.” Planned speakers include Dr. Leslie Hammer, whose research contributed to the U.S. Surgeon General’s Framework of Five Essentials for Workplace Mental Health and Well-Being, https://www.hhs. gov/surgeongeneral/priorities/ workplace-well-being/index.html. To see a sample of past WWIL live webinars and challenges, check the Lawyer Well-Being YouTube Channel, “@lawyerwell-being4380”.

The pillars of wellness recommended in “The Path to Lawyer Well-Being” report form the backbone for WWIL themes. As the date for WWIL approaches, you can find details at https:// lawyerwellbeing.net/for-individuals-2023/.

Make plans to join WWIL even if just for one or two events; the hope is that the content will inspire those in the legal profession to stay engaged with well-being activities throughout the year.

For additional ideas, see the Austin Bar Lawyer Well-Being Committee’s resources at: https:// www.austinbar.org/?pg=lawyer-well-being. AL

Stay Strong: Physical Well-Being

Striving for regular activity, good diet and nutrition, enough sleep and recovery. Limit addictive substances and seek help for physical health when needed.

Align: Spiritual Well-Being

Fostering a sense of meaningfulness and purpose in work and life, and aligning your work and life with your values, goals, and interests.

Engage & Grow: Career & Intellectual Well-Being

Seeking personal satisfaction, continuous learning and growth in our professional and personal lives, and financial stability. Engaging in creative or intellectually challenging activities that foster ongoing development and monitoring cognitive wellness.

Connect: Social Well-Being

Building connection, belonging, a reliable support network. It is contributing to our groups and communities.

Feel Well: Emotional Well-Being

Valuing emotions. Developing an ability to identify and manage emotions for health, to achieve goals, and to inform decisions. Seeking help for mental health when needed.

NEW MEMBERS

The Austin Bar welcomes the following new members:

Kristi Aronica

Josh Borsellino

Katrina Colwell Arp

Alberto Cruz

Trey Duck

Sidne Finke

Andrew Lisenby

Ryan Reyna

Audrey Rotman

Kara Salmanson

Kameron St Clare

Alberto Velazquez Vargas

Jonathan Wilson

ABOVE (from left): Deyerle, Silva, Smith.

ON THE MOVE

A new family law firm, Deyerle Silva Smith, PLLC, has opened its doors in Austin. Founding partners Candice Deyerle, Kody Silva, and Lianna Garza Smith worked closely together as former partners of Kirker Davis LLP to provide family law representation to the communities of Travis and surrounding counties. Joining them will be associate attorneys Laura Grumbine, Korin Lewis, Christiane Kim, and Maribell Gomez and paralegals Kate Koscheski and Laurie Theriot.

KUDOS

Congratulations to Robynn Fletcher, Anthony “Tony” J. Nelson, and The Honorable Eric M.

Shepperd, who were recently honored for their service during the 2023 Austin Black Lawyers Association (ABLA)’s Andrea Pair Bryant Legacy Luncheon.

Fletcher has worked in private practice in the areas of family and child welfare law since receiving her JD. She has served in almost every ABLA board position, including president, throughout the years.

Nelson currently serves as the Federal Court Litigation Team Leader for the Travis County Attorney’s office, representing Travis County, its elected officials, and employees in federal court litigation matters. He has additionally served as an Assistant Attorney General in the Law Enforcement division, and has worked in the firms of Allison & Associates; Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, LLP; and Thomas, Hudson & Nelson, LLP.

Judge Shepperd joined the

bench as a judge of the Travis County Court at Law No. 2 in 2007. He has served as an Assistant Attorney General in the Law Enforcement Defense division at the Texas Attorney General’s office and as Director of Litigation for the Travis County Attorney’s Office before being elected.

ANNIVERSARY

On April 1, 1983 (yes, April Fools’ Day) Rick Gray and Doug Becker made good on an equally ridiculous idea of starting their own client-centered, lawyer-driven, family-style law firm. GrayBecker, located at 900 West Ave. Austin, TX 78701 (www.graybecker.com), now has 15 lawyers and over 30 employees doing all aspects of civil and business litigation, oil & gas litigation, and family law. Congratulations to GrayBecker on holding it together for this long; it couldn’t have been easy!

Senior District Judge Stephen Yelenosky

Developing Editorial Judgment

More than “Read a Lot” and “Have a Good Ear”

BY WAYNE SCHIESS, TEXAS LAW, LEGALWRITING.NET

At a recent CLE talk, I said that implementing a certain technique would require “exercising editorial judgment.” A lawyer asked, “How do you develop editorial judgment?” In this column, I try to answer that question.

Note: This column is about words, sentences, paragraphs, and documents, not about substance and content, which are highly important in legal writing: Should I mention this fact? Should I include this topic [information, explanation, analysis, argument, counter-argument, policy, etc.]? Does my reader need more background—or less? And so on.

When you’re writing or editing a document for yourself or someone else, you end up making countless editorial decisions:

• Should I use a semicolon or a dash here?

• Should I use conversely, however, or but?

• Is this sentence too long? If so, where should I break it?

• Is this paragraph too long? If so, …

• Should I use three levels of headings and subheadings—or only two?

And so on. We make most of these decisions instinctively, yet in doing so, we may not realize that we’re relying on editorial judgment: a storehouse of knowledge about the way writing works. Plus, factored into all these judgments are the context, the audience, the constraints, and the goals of the writing. That’s a whole lot of judgment to exercise.

I’ll focus on developing good editorial judgment as to the words, sentences, paragraphs, and documents you write. Here are my five key recommendations:

LOOK THINGS UP.

Whenever you have even a small or innocuous-seeming question or concern about words, syntax, sen-

tences, grammar, punctuation, or style, consult a source. The internet works (I like “Grammar Girl” Mignon Fogarty1), but I recommend keeping at hand some good reference manuals—books— including references specific to legal writing. I’ve cited five good ones in this footnote.2

READ ABOUT WRITING.

I often see “read good writing” offered as advice for learning to write well. It’s good advice. But the reading most of us do is to learn content or to be entertained. The kind of reading you should do to improve your editorial judgment requires more effort, more focus, more planning. For me, it’s not reference manuals like those I mentioned above, but engaging, well-written books about writing well. These books inform and strengthen your editorial judgment. I’ve listed five in this footnote.3

WRITE A LOT.

This idea is built-in for most legal writers. The more writing

you do in a professional context, the more experience you gain, and experience contributes to editorial judgment. But if all you do is write a lot, without looking things up and without reading about writing, you tend to rest on plateaus; you write the same way you always have—particularly if you’re operating with harsh deadlines and heavy workloads. So write a lot, but improve and inform your writing judgment by looking things up and reading about writing.

EDIT, EDIT, EDIT.

Subject every serious writing project to edits aimed at effectively and precisely conveying the content, clearly presenting that content in an organized fashion, and thoroughly improving the text for concision, clarity, and correctness. You could develop editing protocols and practice them consistently. You could create editing checklists and revise them over time. You could work at completing drafts early so you have more time to edit—and more time away

from the document, which always improves editing.

SEEK CRITIQUE.

Open yourself up to suggestions, comments, and critiques of your writing offered by those you trust and whose writing you respect. One sure way to stymie your editorial judgment is to write the way you always have without seeking input from others.

Those are my best recommendations. Good luck. AL

FOOTNOTES

1 https://www.quickanddirtytips.com/ grammar-girl/.

2 Deborah Bouchoux, Aspen Handbook for Legal Writers; Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, and Style for the Legal Writer; Bryan A. Garner, Garner’s Dictionary of Legal Usage; Bryan A. Garner, The Redbook: A Manual on Legal Style; Texas Law Review, Manual on Usage & Style

3 Tom Goldstein & Jethro K. Lieberman, The Lawyer’s Guide to Writing

Well; Ross Guberman, Point Made; Ross Guberman & Gary Karl, Deal Struck: The World’s Best Drafting Tips; Wayne Schiess, Legal Writing

Nerd: Be One; Richard Wydick & Amy Sloan, Plain English for Lawyers

Civility, Professionalism, and Professional Soccer

Austin Bar and Calvert Inn of Court to Offer Free, Virtual, Half-Day Ethics CLE on April 14

There are a lot of leadership lessons in professional soccer. Please join us and learn about some of them in a half day of free ethics CLE for Austin-area lawyers, hosted by the Robert W. Calvert American Inn of Court and the Austin Bar Association.

In 1989, the Texas Supreme Court and the Court of Criminal Appeals promulgated the Texas Lawyer’s Creed to renew the spirit of professionalism and support the spirit of civility in lawyer conduct.

The Creed’s preamble includes the following language:

The conduct of a lawyer should be characterized at all times by honesty, candor, and fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the profession’s broader duty to the legal system. …

The desire for respect and confidence by lawyers from the public should provide the members of our profession with the necessary incentive to attain the highest degree of ethical and professional conduct.

There is also a certain fictional professional soccer coach who holds his team to similar ideals. As that coach once famously said, “For me, success is not about the wins and losses. It’s about helping these young fellas be the best versions of themselves on and off the field.”

Modeling ethical, professional, and civil practices are core principles of both the Calvert Inn of Court and the Austin Bar. In that combined spirit, the two organizations are partnering again for the 4th time to offer a free halfday CLE (including three hours

of ethics) on April 14, 2023 from 9:00 a.m. to 12:00 p.m. The event will be virtual and is open to all Austin-area attorneys on a first-to-register basis. Austin legal experts will present on ethics, professionalism, and civility as the foundation of a vibrant and successful practice. The day will conclude with an all-star judicial

panel on the importance of civility in and out of the courtroom. The four presentations are offered to support, encourage, and celebrate true professionalism and civility. Registration will be in an upcoming issue of Bar Code and on the Austin Bar’s website, www.austinbar.org. Please join us! AL

LAWYERS ASSOCIATION

AYLA PRESIDENT’S COLUMN

BLAIR LEAKE , WRIGHT & GREENHILL, P.C.

Mentoring Young Attorneys

Passing Along Institutional Knowledge and Hard-Learned Lessons Is Good for Everyone

larly gnarly email from a client or counsel—the list goes on.

Attorneys need mentors, full stop. An experienced attorney a few doors down—or a phone call away—who is genuinely receptive to being a spontaneous sounding board is worth ten times their weight in O’Connor’s books. The worth of such a resource applies to all attorneys, but especially for young attorneys. Mentorship does not have to come canned as part of a speed-dating-esque mentorship program from the Bar or another legal group. The spectrum of opportunities for mentorship is wide, spanning from daily guru to one-off impromptu.

The practice of law is not a science. At the risk of obnoxiously aggrandizing our profession, it is an art. Competent issue spotting and legal analysis can be taught in law school, but even the most practical courses cannot truly teach the nuances of how to handle a uniquely difficult client, opposing counsel, or judge—at least not with any tailored specificity. There are simply too many variables in the real world. Indeed, the daily practice of law creates far more forks in the road than any law school prompt ever could. Learning when to consider decisions through a practical lens rather than a purely legal one, balancing being good at business versus being good at lawyering, joining extracurricular groups, navigating judicial politics, or how even to respond to a particu-

New attorneys can sometimes be reluctant to speak up and seek out a mentor, even for something as simple as a one-off phone call to ask a question. Pride, timidity, or perhaps a combination of both can make approaching an older attorney to ask some questions sometimes seem daunting. The young attorneys who do consistently reach out for help, however, usually grow far more quickly and more holistically than do their timid and prideful peers. At the very least, they avoid learning nearly as many lessons the hard way.

Consider this a call to arms to attorneys both young and old. The former need to speak up, be willing to stick their heads two doors down, and ask questions often. No question is too small or too stupid—if you do not know the answer, then you need to ask someone. The latter need to carve out time and be sincerely willing to stand and deliver when called upon. When someone sticks their head in your door and asks a question, offer them a seat and be the kind of person willing to immediately help them talk through the problem. Going a step further, make a habit of reaching out to make sure less experienced peers know they can come to you. Exchange cell phone numbers, check up on them, and ask them if they want to grab a coffee. Institutional knowledge and hard-learned lessons passed down will only make the practice of law in and around Austin more competent, efficient, and enjoyable—benefitting both us as attorneys as well as the communities we serve. AL

Consider this a call to arms to attorneys both young and old. The former need to speak up and ask questions often. The latter need to carve out time and be sincerely willing to stand and deliver when called upon.

UPCOMING EVENTS

WEDNESDAY, APRIL 12, 2023

Health & Wellness CLE -- “Tips for Building and Maintaining Resiliency in the Practice of Law”

Presented by Michelle Fontenot, JD, MEd, Lead Professional, TLAP noon - 1:00 p.m.

State Bar of Texas Law Center, 1414 Colorado St. Room 410

THURSDAY, APRIL 20, 2023

AYLA Docket Call

Sponsored by Floyd Real Estate & Bonnie Neel

5:30 p.m. - 7:00 p.m.

Mean Eyed Cat, 1621 W 5th St.

AYLA Trial Institute: The Rosenberg Spy Case

Attorneys of All Ages, Experience Levels

Reserve time on your calendar now for Friday, June 30, 2023, so you can be a part of the AYLA Trial Institute!

Based on the historic espionage trial of Julius and Ethel Rosenberg, this event will showcase some of Texas’s best trial attorneys performing opening statements, direct examinations, cross examinations, and closing arguments. It will also include lectures and panels featuring federal and state court judges discussing

Encouraged

each trial skill in turn. The event will count for 8.5 MCLE hours, includes lunch and refreshments, and will conclude with a happy hour reception.

All trial performances will be presented by members of the American College of Trial Lawyers—arguably the most preeminent collection of trial lawyers nationwide. Federal District Court Judges Robert Pitman and Lee Yeakel will serve as presiding judges for the event, and the

to Register for June 30 Event

panelists will include the likes of Judges Alan Albright, Dustin Howell, Karen Sage, Jan Soifer, Lora Livingston, and Karin Crump, as well as Justice Chari Kelly. The event itself will take place in the Texas Third Court of Appeals courtroom.

Attorneys of all ages and experience levels are encouraged to attend. Though hosted by AYLA, this event is meant to provide useful education and examples for any and all trial lawyers. While AYLA

membership is a prerequisite for registering to attend, membership is likewise available to attorneys of all ages and experience levels---either as a Regular Member or as a Sustaining Member!

Prospective attendees can go to ayla.org to register for the event and/ or to become an AYLA member.

Early-bird pricing (for registrations made on or before June 1, 2023) is $100. After June 1, the registration fee will increase to $150.

We hope to see you there! AL

Second Annual

Crawfish Boil

Fundraiser

to be Held April 15 Funds Raised Will Support AYLA Foundation Projects

The AYLA Foundation asks for your support of its Second Annual Crawfish Boil Fundraiser on Saturday, April 15, 2023. The event will be at the park across the street from the Hilgers

House at 712 W. 16th Street, from noon to 4 p.m. We will serve crawfish, shrimp, sides, beer, and cocktails. There will also be live entertainment by The Bad Precedents.

This year’s boil will bring togeth-

er more than 100 local attorneys and their friends for a fundraiser benefiting the AYLA Foundation, a 501(c)(3) nonprofit that organizes many charitable endeavors benefiting the greater Austin community.

We hope you will help make this event a huge fundraising success! Visit www.ayla.org to purchase tickets and sponsorships. AL

AUSTIN

LAWYERS ASSOCIATION

Meet AYLA’s 2023-24 Board Candidates

New Officers, Directors to Take Office on July 1

The following candidates are running for officer and director positions on the 2023-24 AYLA board of directors.

Electronic ballots will go out on Friday, April 14, and voting will conclude at the annual Bench Bar Conference on May 5. The new board will take office on July 1, 2023.

The only contested race in this year’s AYLA election is for the office of secretary. Candidates for secretary are Lena Proft and Gracie Wood Shepherd. All other candidates are running unopposed.

Sarah Harp, President Harp is AYLA’s current president-elect and will take over as president on July 1, 2023. She has previously served as a director, secretary, and treasurer of AYLA. Harp is an Assistant Attorney General in the Criminal Appeals Division of the Texas AG’s Office. She received AYLA’s Outstanding Committee Chair Award in 2020-21.

Emily Morris, President-Elect Morris is running unopposed for president-elect. She is AYLA’s current treasurer and has previously served as a director and secretary for AYLA. Morris cur-

rently serves as corporate counsel to PowerSchool, focusing on major commercial contract negotiations. Prior to this role, she acted as principal attorney of The Morris Law Firm, PLLC, with a focus on corporate and real estate matters for small business owners. Morris is dedicated to the Austin legal community, as demonstrated by her substantial service to the Austin Bar, AYLA, and the Travis County Women Lawyers’ Association.

Jenna Malsbary, Treasurer

Malsbary is running unopposed for Treasurer. She has  served as a director on AYLA’s board for four years (two terms) and has worked diligently on multiple AYLA committees, including Community Service Days, Membership, Pro Bono, Holiday Program, Tailgate, Austin Bar Equity, and MLK Day of Service. Malsbary is also a member of the TYLA board of directors and serves as a TYLA rep on the AYLA board.

Lena Proft

Proft is running for secretary. She has been involved in AYLA since 2018. She has served as AYLA’s government attorney liaison and as a director on the board. Proft is also a

co-founder of AYLA’s Health and Wellness Committee. She is passionate about community service and lawyer wellbeing, and wants to continue her service to AYLA and the bar by serving as AYLA’s next secretary.

Gracie Wood Shepherd

Shepherd is running for secretary. She practices family law at Friday Milner Lambert Turner. She attended Texas A&M University and Baylor Law School. Shepherd was a member of the Austin Bar/AYLA Leadership Academy’s Class of 2019 and is currently serving as a co-chair for this year’s Leadership Academy committee.

The four unopposed director candidates below will join David Holmes, Joseph Keeney, Meghan Kempf, and Samantha McCoy, whose terms expire in 2024.

Ben Evans

Evans is running unopposed for a director position. He is a partner at Cain & Skarnulis PLLC who focuses his practice on resolving commercial litigation disputes. He attended The University of Texas at Austin and Baylor Law School. He is currently chairing the executive committee

for the Austin Bar/AYLA Leadership Academy as project lead.

Jillian French

French is running unopposed for a director position. She was born and raised in Austin along with her four sisters. She has a spoiled fur baby (pug) and enjoys cross-stitching as a hobby. French first joined AYLA when she was in law school. She is now board certified in family law, which is her sole practice area. French is currently serving as the Solo/Small Firm liaison to the AYLA board.

Michelle King

King is running unopposed for a director position. A native Austinite and Texas Tech Law graduate, King is an attorney at McCreary Veselka Bragg and Allen, and practices with their Appraisal District Litigation team. She currently serves on the Austin Bar/AYLA Leadership Academy committee and graduated from the Leadership Academy’s Class of 2022.

David Woolbert

Woolbert is running unopposed for director. He runs a solo firm that primarily focuses on personal injury law. Woolbert graduated from St. Mary’s with a JD/MBA. He is a current co-chair of AYLA’s Crawfish Boil committee. He also serves on the Leadership Academy committee and is a member of the Leadership Academy’s Class of 2022.

The following is a summary of an opinion issued by the Fifth Circuit in February 2023. The summary is an overview of particular aspects of the opinion; please review the entire opinion.

>HEALTH INSURANCE: Emergency Care Statutes do not create private cause of action for out-of-network healthcare providers against insurers.

ACS Primary Care Physicians SW, P.A. v. UnitedHealthcare Ins. Co., No. 21-20168 (5th Cir. Feb. 16, 2023).

Several emergency physician groups whose providers were not in UnitedHealthcare (UHC)’s network sued UHC, alleging that UHC failed to reimburse the physicians for their emergency treatment of out-ofnetwork patients at UHC’s “usual and customary rate,” as required by the Emergency Care Statutes in the Texas Insurance Code (§§ 1271.55(a), 1301.0053(a), 1301.155(b)).

The Emergency Care Statutes require health insurance companies whose insured patients receive emergency care from out-of-network providers to reimburse the providers at their “usual and customary rate” or other agreed rate.

UHC moved to dismiss the complaint, contending (inter alia) that the Emergency Care Statutes do not authorize a private cause of action.

The trial court disagreed, and denied the motion to dismiss in relevant part.

UHC sought interlocutory review on the issue, and the question was subsequently certified to the Texas Supreme Court. ACS Primary Care Physicians SW, P.A. v. United Healthcare Ins. Co., 26 F.4th 716, 720 (5th Cir. 2022).

The Texas Supreme Court an-

swered the certified question in a consolidated case, holding that the Emergency Care Statutes do not create a private cause of action. Texas Med. Res., LLP v. Molina Healthcare of Tex., Inc., No. 21-0291, 2023 WL 176287, at *8 (Tex. Jan. 13, 2023).

Accordingly, the Fifth Circuit found that the emergency physician groups’ claims must necessarily be dismissed. The court reversed and remanded. AL

Attorney Jimmy Vaught, Board-Certified in Family Law and Civil Appellate Law by the Texas Board of Legal Specialization

Jillian French Board-Certified in Family Law by the Texas Board of Legal Specialization

Attorney Erin Leake Board-Certified in Family Law by the Texas Board of Legal Specialization

Rachael K. Jones is the editor-in-chief and interim managing editor of Austin Lawyer. Her primary practice areas include civil appeals, contracts, and complex motion practice.

THIRD COURT OF APPEALS CIVIL UPDATE

not the use of personal property. The court reversed and dismissed. The dissent concluded that plaintiffs adequately alleged the use of the duty belt was a substantial factor in causing injury.

ARBITRATION: Court affirms denial of motion to compel arbitration against nonsignatory.

FAMILY LAW: Court affirms injunction against short-term rental of children’s rooms.

The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of March 2, 2023.

TTCA: Court finds no use of tangible personal property to support waiver of immunity.

City of Austin v. Howard, No. 03-22-00439-CV (Tex. App.—Austin Feb. 10, 2023, no pet. h.) (mem. op.). While an officer attempted to handcuff Woodburn, the officer’s duty belt came loose. When the officer put down the handcuffs to resecure the belt, Woodburn walked next door and stabbed Aguilar. Aguilar’s estate sued City under the TTCA, alleging his death was caused by the use of tangible personal property. The trial court denied City’s plea to the jurisdiction. The court of appeals concluded that Aguilar’s death was preceded by an extraordinary sequence of events too attenuated from the alleged use of the utility belt to demonstrate anything more than a condition that made his death possible. According to the court, Howard’s complaint is about the officer’s decision to resecure the duty belt,

Meritage Homes of Tex., LLC v. Pouye, No. 03-21-00281-CV (Tex. App.—Austin Feb. 15, 2023, no pet. h.) (mem. op.). Second owner of home sued builder for construction defects. Builder sought to compel arbitration based on arbitration clause in contract with original homeowners. The trial court denied the motion. Builder argued that under direct benefits estoppel a nonsignatory could be compelled to arbitrate. The court of appeals observed that direct benefits estoppel applies when liability arises solely from the contract or must be determined with reference to it. The court held that direct benefits estoppel did not apply to compel a subsequent purchaser to arbitrate negligent construction or breach of implied warranty claims and affirmed.

Gardner v. McKenney, No. 03-2100130-CV (Tex. App.—Austin Feb. 15, 2023, no pet. h.) (mem. op.). In response to mother’s petition to modify the parent-child relationship, the trial court enjoined father from renting out his children’s rooms as short-term rentals while they were not in his possession. Father had rented the rooms for almost 100 days in one year. The court of appeals noted that trial courts have the authority to issue permanent injunctions in family law matters if in the child’s best interests. The evidence established that the children’s closets and cabinets were not locked during the short-term rentals. Mother testified to her concerns with strangers sleeping in her children’s rooms. The court held that sufficient evidence supported the trial court’s order to enjoin the short-term rentals and affirmed.

ADMINISTRATIVE LAW: Court affirms denial of rule challenge.

McMorries v. Tex. Med. Bd., No. 03-21-00141-CV (Tex. App.—

Austin Feb. 16, 2023, no pet. h.) (mem. op.). McMorries operated a fertility clinic during the 1980s and used his own sperm as the anonymous donor to inseminate at least two patients. Board pursued complaints filed against McMorries in 2019. Board relied on its Rule 178.9(b), which has no statute of limitations for “complaints in relation to any other violation.” McMorries contended Rule 178.9 was inconsistent with Occupations Code § 154.051(d). The trial court granted Board summary judgment and denied McMorries’s challenge to the validity of Rule 178.9. The court of appeals concluded that Rule 178.9 creates two categories of complaints: 1) those involving “care provided,” and 2) those involving “any other violation.” The court held that Rule 178.9 expressly describes the implicit distinction in Occupations Code § 154.051(d) between the two categories of complaints. The seven-year statute of limitations applies only to complaints involving care provided. The court affirmed. AL

The Austin Bar and AYLA are teaming up for the Cap10K. If we get at least 35 people on our team, we get our own tent at the finish line area!

Established in 1978, the Statesman Capitol 10,000 has grown to become the largest 10K in Texas and sixth largest in the country. Each year, Austin’s iconic race teems with talent and personality. This year’s race beneficiary is the Mike & Sherry Project, which provides accessible mental health care to individuals working in the Austin restaurant and bar industry in partnership with Capital Area Counseling.

Register here:

https://venturesendurance.enmotive.com/ events/register/ 2023-statesman-cap10k/

Use code “ATXMarathon23” for $5 off your registration!

Participants can run or walk; it’s the same distance either way!

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

The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from October 2022. The summary is an overview; please review the entire opinion. The subsequent history is current as of March 1, 2023.

THIRD COURT OF APPEALS CRIMINAL UPDATE

designated for publication). The State charged Lucero with aggravated robbery, burglary of a building, unauthorized use of a motor vehicle (UUMV), and possession of a controlled substance, methamphetamine, in an amount less than one gram. The State made a plea offer to Lucero’s trial counsel: If Lucero pleaded guilty, the State would recommend to the trial court punishment of 15 years’ imprisonment for the aggravated robbery, 600 days in state jail on the burglary of a building and the UUMV, and dismissal of the possession charge. Lucero did not accept the offer, and the State eventually withdrew it.

The case proceeded to trial, and Lucero pleaded guilty without a recommendation on punishment. Trial counsel asked the district court to defer its findings of guilt because counsel planned on requesting deferred-adjudication probation at the conclusion of the hearing. The trial court agreed to defer its findings and proceeded to hear evidence on punishment, including testimony from multiple witnesses for both the State and Lucero.

al, arguing ineffective assistance of trial counsel. In the motion, Lucero claimed that trial counsel made him believe that if he rejected the plea offer, pleaded guilty to the offenses, and asked the court to determine punishment, then Lucero would receive probation and drug treatment instead of jail time. Lucero further asserted that if trial counsel had explained to him that probation was uncertain, Lucero would have accepted the State’s plea offer. The trial court held a hearing on the motion for new trial, which included testimony from Lucero and his stepmother regarding the advice that trial counsel had provided. At the conclusion of the hearing, the trial court took the matter under advisement, and the motion was later overruled by operation of law.

ruling on a motion for new trial, even upon request by the losing party,” and “[t]here is nothing in the record to suggest that the district court, if it had denied the motion by written order, would have granted a request by Lucero to file findings of fact and conclusions of law.” Consequently, the court could not conclude that the “overruling of the motion for new trial by operation of law instead of by order, even if erroneous, harmed Lucero.”

MOTIONS FOR NEW TRIAL

–FORMAL RULINGS: Trial court did not err in failing to make formal ruling denying appellant’s motion for new trial and did not abuse its discretion in allowing motion to be overruled by operation of law.

Lucero v. State, No. 03-2100314-CR (Tex. App.—Austin Oct. 31, 2022, no pet.) (mem. op., not

At the conclusion of the hearing, the trial court found Lucero guilty of the charged offenses and sentenced him to 25 years’ imprisonment for the aggravated-robbery offense, 730 days in state jail for the burglary offense, and 365 days in state jail for the motor-vehicle offense, with the sentences to run concurrently.

Lucero’s appointed appellate counsel filed a motion for new tri-

On appeal, Lucero argued that by allowing the motion to be overruled by operation of law, the district court “effectively denied” Lucero his right to a hearing and denied him an opportunity to request findings of fact and conclusions of law. The appellate court disagreed, observing that there is no requirement that once a trial court holds a hearing, it is obligated to make a formal ruling on the motion. The Court explained that “[a]lthough the granting of a motion for new trial must be accomplished by written order, there is no such rule for the denial of a motion for new trial, which may be overruled by operation of law.” The court added that “a trial court is not required to make oral or written findings of fact when

The court also addressed the merits of Lucero’s motion. The court acknowledged that Lucero’s claim that trial counsel had advised him to reject the plea offer because counsel could “guarantee” him probation would amount to deficient performance if that claim were true. However, the court concluded that it would not have been outside the zone of reasonable disagreement for the trial court to disbelieve Lucero’s claim. Moreover, even if trial counsel had provided Lucero erroneous advice regarding the likelihood that he could obtain probation, Lucero failed to prove that he would have accepted the plea offer but for that advice or that the trial court would have agreed to the recommended punishment. AL

Zak Hall is a staff attorney for the Third Court of Appeals. The summary below represents the views of the author alone and does not reflect the views of the court or any of the individual Justices on the court.

is power, the not knowing is devastating.”

Anji Maddox

Annual TCWLF / TCWLA Grants & Awards Luncheon to be Held on April 20

Event Funds Grants to Nonprofits Providing Pro Bono Legal Services for Women, Children

The annual Travis County Women Lawyers’ Foundation (TCWLF) & Travis County Women Lawyers’ Association (TCWLA) Annual Grants & Awards Luncheon will be held at the Fairmont Hotel on Thursday, April 20, 2023 from 11:45 a.m. to 1:15 p.m.

TCWLF, the grant-giving arm of TCWLA, will give away $60,000 in grants this year to local providers of pro bono legal services to women and children in Travis County. The purpose of the luncheon is to raise the money needed for these vital grants. The TCWLF board works throughout the year to solicit grant applications from local nonprofits, review and vet those applications, and follow up with recipients to ensure that the grants were used for their intended purpose.

This year’s Luncheon keynote speaker is Lise Olsen, a former investigative reporter at the Houston Chronicle and author of the

book Code of Silence: Sexual Misconduct by Federal Judges, the Secret System That Protects Them, and the Women Who Blew the Whistle. Avery Travis of KXAN will serve at the “ask speaker.”

Sponsorships are available at https://tcwlf.square.site/, or you may send a check, payable to Travis County Women Lawyers’ Foundation, to Jennifer Hopgood, TCWLF Chair; 5202 Martin Avenue; Austin, TX 78751. TCWLF and TCWLA hope Austin Bar members will be able to attend the Luncheon! AL

Congrats to Grant Recipients and Attorney Award Winners!

2023 TCWLF Grant Recipients ($60,000 Total)

• American Gateways, $5,000

• Asian Family Support Services of Austin, $5,000

• Casa Marianella, $5,000

• Family Eldercare, $5,000

• Foster Angels, $5,000

• Foster Village, $5,000

• Jane’s Due Process, $5,000

• KAZI, $5,000

• Lone Star Justice Alliance, $5,000

• Seedling Foundation, $5,000

• Texas Rio Grande Legal Aid: Foster Youth Project, $5,000

• Volunteer Legal Services of Central Texas, $5,000

• Women’s Storybook Project, $5,000

2023 TCWLA Attorney Award Winners

• Public Interest

Christine Nishimura, Executive Director, Teach for America

• Contribution to Minority Community

Hon. Bianca Garcia, Presiding Judge, Travis County Court at Law #3

• Advancement of Women’s Interests

Hannah Hembree Bell, Hembree Bell Law Firm

• Government Service

Vera “Jeanette” De La Cruz, former Chief of Staff, Texas Workforce Commission

• Pro Bono

Lindsay Gray, Founder/CEO, VECINA

• Litigation/Appellate

Katherine Chiarello, Partner, Wittliff Cutter

• Corporate/Transactional

Nikelle Meade, Partner, Husch Blackwell

• Criminal Justice

Addy Miró, Law Office of Addy Miró

• Firm/Organization/Government Entity

Lloyd Gosselink

• Outstanding Achievement

Beverly Reeves, Reeves & Brightwell

TOP LEFT: A 2022 nonprofit grant recipient receives a grant check from TCWLF Treasurer Tracy Kasparek. TOP RIGHT: KXAN reporter Sally Hernandez serving as the 2022 “ask speaker” before 420 attendees. BOTTOM: TCWLF / TCWLA board members after the 2022 Luncheon (l-r): Shelby O’Brien, Victoria Seybold, Amy Warr, Jennifer Hopgood, Caroline Hall, Melissa Lorber, Jeana Patel, Tracy Kasparek; foreground (l-r): Tracy McCreight, Emily Franco.

TCWLF Lunch Sponsors

(as of March 3, 2023)

DIAMOND PREMIER

$10,000 (10 attendees, top-tier signage, and front-row table)

Travis County Women Lawyers’ Association

EMERALD

$7,500 (10 attendees, prominent signage, and preferred table)

PLATINUM

$5,000 (10 attendees, full table)

Fowler Family Foundation | Judge Bianca Garcia | Lloyd Gosselink Rochelle & Townsend

GOLD

$2,500 (8 attendees, full table w/two guests)

Enoch Kever | Jackson Walker | McLean & Howard | Thompson Coe | Weisbart Springer Hayes

SILVER

$1,000 (4 attendees)

Alexander Dubose & Jefferson | Austin Bar Association | Hanna & Plaut | Kaplan Law Firm | Lincoln-Goldfinch Law | Ruffner Schoenbaum Murphy Banaszak | Velva Price | Velva Price in honor of KAZI (2023 grant recipient)

BRONZE

$500 (2 attendees)

Barron, Adler, Clough & Oddo | Falk Family Law | Jennifer Hopgood | Ramón Worthington Nicolas & Cantu | Reeves & Brightwell

JUDICIAL

STARS

($200 sponsorship)

Judge Dayna Blazey | Chief Justice Darlene Byrne | Judge Elisabeth Earle | Judge Laurie Eiserloh | Judge

Maria Cantú Hexsel | Judge Karin Crump | Judge Raul Gonzalez| Chief Justice Nathan Hecht | Judge Sylvia Holmes | Judge Dustin Howell | Judge Daniella Deseta Lyttle | Judge Jessica Mangrum | Judge Catherine Mauzy | Judge Jan Soifer

Judge Guerra Gamble is a native Austinite, graduate of Austin High School, Yale College, and Yale Law School, and is married with two teen sons. She is a devoted Scouter, honored to recently receive the Capitol Area Council’s “¡Scouting … Vale La Pena!” service award.

Randy Cubriel

Cubriel maintains a thriving business law practice. He also represents clients at the Texas Capitol and state agencies. Cubriel co-founded the Cancer Law Clinic (CANLAW), which provides comprehensive pro bono estate planning services to cancer patients and caregivers. He is licensed to practice law in North Carolina and Texas.

Rob Frazer

A partner at Goranson Bain Ausley, Frazer is board-certified in family law, a director of the Aus -

tin Bar Association, and proud father of three. Frazer has been named among The Best Lawyers in America from 2019 to 2023, and was recognized by the Austin Bar as Outstanding Director for the 2021-22 bar year.

Matt Garcia

Garcia, co-founder of Barnett & Garcia, is the proud parent of Travis and Marisa. He moved to Austin in 1992 and has been practicing here for over 20 years in creditor’s rights. He is a firm believer in building relationships, giving back, creating mindfulness, and promoting healthy worklife practices.

Mary Henderson

Henderson is a member of Butler Snow’s Tort, Transportation and Specialized Litigation Group. She is board-certified in civil appellate law by the Texas Board of Legal Specialization. She has served on the Austin Bar’s DEI, History and Traditions, and Law-Related

Education committees. She is a past president of the Corpus Christi Young Lawyers Association.

Rachael Jones

Jones is AYLA’s immediate past president, having previously served in all other positions on AYLA’s board and on numerous AYLA committees in years past. She is also the editor-in-chief and interim managing editor of Austin Lawyer, as well as the chair of the Austin Bar’s Communications Committee. Jones maintains a solo law practice focused on civil appeals, research and writing, complex motions, contracts, and small business law. She also serves as the director of operations for her family’s small business, Cool Kids AC & Heat, LLC (named for their two sons, Riley and Serren).

Cheryn Netz

Netz has served as the Assistant General Counsel of the State Securities Board since moving to Texas in 2017. She is a past chair of the Busi-

ness, Corporate and Tax Law Section of the Austin Bar, and a member of its Labor and Employment Law Section and DEI Committee.

Shelby O’Brien

O’Brien is a partner at Enoch Kever PLLC, where she specializes in litigation at the trial and appellate levels. She has previously worked as a staff attorney at the Supreme Court of Texas and at the Texas Legislative Council.

O’Brien is a current director of the Austin Bar Association. She previously served as chair of the Civil Appellate Section’s Governing Council, chair of the Travis County Women Lawyers’ Foundation, and president of the Travis County Women Lawyers’ Association. She is a member of the Robert W. Calvert American Inn of Court and is board-certified in civil appellate law by the Texas Board of Legal Specialization.

O’Brien and her husband, Chay, are the parents of two boys and a beloved dog, Rosie.

ABOVE (from left): Cubriel, Frazer, Garcia, and Henderson.

ABOVE (from left) : Jones, Netz, O’Brien, and Parks. continued from page 1

Ciara Parks

Parks is the General Counsel for the Texas Board of Law Examiners. She worked previously as an Assistant District Attorney with the Travis County District Attorney’s Office and the Montgomery County Prosecutor’s Office in Dayton, Ohio.

She is the president of the Austin Black Lawyers Association, secretary of AYLA, and a board member of the Austin Bar. Parks also serves as an Assistant Area Coordinator for Texas Youth Conference of the Seventh Day Adventist Church.

She has been married to Cliffton Parks for 13 years and they are the proud parents of Chaya, Ceana, and CJ.

CLASSIFIED

Maples Jones, PLLC is a family law office located in the CBRE Centre II building. We currently have 4 professional office spaces within our suite available to rent. CBRE Centre II is a three-story office building located at 3101 Bee Caves Road in the Rollingwood/ Westlake area. The common area interior of the building is undergoing major updates with modern and sleek finish outs.

The shared common spaces within the spacious and contemporary office suite include a breakroom, reception area and two conference roomsthe larger conference room has stunning views of the downtown Austin skyline.

Offices – includes use of all common areas (hallways, reception area, break room, and conference rooms)

• Large window office (162 sq. ft.) = $1,581.12/mo.

• Large window office (144 sq. ft.) = $1,405.44/mo.

• Interior office (140 sq. ft.) = $1,366.40/mo.

• Interior office (141 sq. ft.) = $1,376.16/mo.

Other options available

Receptionist

Phones

Stamps, shredding, copier, internet Groceries and office supplies

For more information please contact margaret@maplesjones. com or call (512)617-3952

ADVERTISERS

•

•

•

Flexible legal talent is closer than you think. CONTACT US TODAY.