November 2015 Headnotes: Labor & Employment Law

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Dallas Bar Association

HEADNOTES November 2015 Volume 40 Number 11

Focus Labor & Employment

Crain Lewis Brogdon Supports Access to Justice with $30,000 Pledge Crain Lewis Brogdon, LLP has donated $30,000 to the Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program. The firm, with a criminal defense and personal injury practice, has supported DVAP since 2004 with over $130,000 in donations to the program. “We represent regular people who are facing major life challenges, and our job is to help them get their lives back on track,” said Rob Crain, one of the firm’s founders. “DVAP’s clients are regular people too who are just trying to support their families, raise their kids, and make a better life for themselves. They hit a stumbling block with their legal problems, and DVAP is there to help.” Chris Lewis agreed: “DVAP is on the front lines and is often the first stop for people when they are desperate for help. Although we handle different types of cases at our firm, our mission is the same—to help people when they need it most.” In the last year, Quentin Brogdon, a 26-year trial attorney, joined the firm as a named partner. Mr. Brogdon, like Mr. Crain, has a personal injury practice and has a long history of helping people recover and move on with their lives. Being on the front lines is something that DVAP is familiar with. The South Dallas Legal Clinic at the Martin Luther King, Jr. Community Center is teaming with clients on the first, second, and fourth Tuesday evenings of the month. DVAP paralegals and volunteers set up shop. A hall, small offices, and break room are ground zero for people needing legal help on everything from a simple divorce to evictions, a fraudulent consumer deal, and a protective order. Although crowded and fast-paced initially, a calm sets over the clinic as one by one clients are screened and interviewed, and given an opportunity to meet with an attorney. DVAP was built on the clinic model and being accessible in the communities where the program’s clients live. Law firms, corporate legal departments, bar association groups, and individuals volunteer to help. Recently, the Dallas Bar Association’s Pro Bono Activities Committee sponsored the South Dallas Clinic with 11 committee members helping out. Pam St. John, an attorney with AT&T Services, Inc. and avid pro bono lawyer, coordinated the effort. “The clinics allow us to immediately impact someone’s life. We are likely the first attorneys they have ever met,” said Ms. St. John. “We have an opportunity to give the applicants a voice, encourage them where needed, give them valuable advice or even closure. We are the front door to start them

(Left to right): Rob Crain, Chris Lewis, Quentin Brogdon

on a meaningful process to have an attorney represent them when they otherwise would not have access to the justice system.” A joint program of the Dallas Bar Association and Legal Aid of NorthWest Texas since 1997, DVAP is the most comprehensive pro bono legal program in Dallas, providing assistance to low-income people on civil matters. While DVAP is known for its work in the family law area, DVAP also helps clients with consumer, housing, landlord-tenant, wills, probate, and expunction cases. In addition to being on the front lines and continuing its successful neighborhood legal clinics and referrals to volunteers, DVAP is also always trying to develop new ways to reach its clients and partner with others to do so. During 2015, DVAP worked on several programs intended to expand and diversify the assistance it provides and be more helpful to the community. One of these programs is DVAP’s new Expunction and Non-Disclosure Legal Clinic. Started in June 2015, the clinic’s goal is to help people who may qualify for an expunction or a non-disclosure of that record. Volunteers provide legal advice, and, if a person meets the legal requirements for obtaining an expunction or order of non-disclosure, he will be referred to a pro bono attorney for representation. Over 80 people have applied for help from this clinic since June. DVAP also provides support to other programs in town, and, this year, teamed up with the W.W. Caruth, Jr. Child Advocacy Clinic and Institute for Children’s Rights at SMU

Dedman School of Law to help grandparents and other relatives obtain conservatorship of children placed in their care by Child Protective Services. Diane Sumoski, the Clinic’s Director, and DVAP staff have worked together to sponsor two continuing legal education pro$600,000+ grams to recruit and train volunteers to represent clients on these cases. The goal is to sta$550,000 bilize the lives of children who have been removed from their $500,000 parent’s homes and placed with relatives. Legal Aid and pro bono pro$450,000 grams across the state are encouraged to collaborate with other $400,000 agencies and the courts. Three years ago, DVAP and members of the Pro Bono Activities Com$350,000 mittee developed a brochure for pro se litigants practicing in the $300,000 Dallas County family courts. Through a grant from the Communities Foundation of Texas, $250,000 20,000 copies were printed and most have been distributed $200,000 through the courts. DVAP is currently planning a reprinting of the brochure, including a Span$150,000 ish translation so that copies can $100,000 be distributed again through the Dallas County Family Courts. $50,0000 DVAP’s work in the community and its ability to branch out are the result of support from Crain Lewis Brogdon and donors like them. Every client, every volunteer, and every clinic is the result of the support DVAP and the Equal Access to Justice Campaign have from the legal community. “DVAP is our pro bono program,” said Mr. Crain. “Whether you donate your time, your money, or both, please   HN help.”

To Give: www.dvapcampaign.org.

by Alicia Hernandez

Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.

THANK YOU TO OUR MAJOR DONORS | Equal Access to Justice Campaign Kicks Off The Dallas Bar Association and Legal Aid of NorthWest Texas kicked off their annual Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program. A number of Dallas firms, corporations, and friends have committed major support. Please join us in recognizing and thanking the following for their generous gifts to the Campaign*:

PRESIDENT’S COUNCIL ($30,000) Connatser Family Law Crain Lewis Brogdon, LLP

PLATINUM ($10,000) Andrews Kurth LLP Exxon Mobil Corporation Fish & Richardson W. Gary Fowler Haynes and Boone, LLP Jackson Walker L.L.P. KASTL LAW, PC KoonsFuller, PC Mike McKool, Jr. Texas Lawbook The Hartnett Law Firm Vinson & Elkins LLP

CHAIRMAN’S COUNCIL ($25,000) Anonymous DIAMOND ($15,000) Jerry C. Alexander AT&T Services, Inc.

*Donors as of press time.

GOLD ($5,100+) Anderston Tobin PLLC Carrington, Coleman, Sloman & Blumenthal, L.L.P. Dallas Association of Young Lawyers Laura Benitez Geisler Greenberg Traurig, LLP McKool Smith Lewis Sifford Texas Lawyer The Mike and Barbara Lynn Philanthropic Fund Jeff Tillotson Robert L. Tobey Victor & DeNette Vital Joel & Terilyn Winful

Law firms, corporations, and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January. To donate, contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign.

8 Pro Bono Awards

Inside

11 Lessons Regarding the Use of Conviction Records in Hiring 13 What You Need to Know About Young v. UPS 17 Most Workers Are Employees: New Guidance From DOL

DBA MEMBER REMINDER RENEW BY DECEMBER 31, 2015!

You may renew your 2016 DBA Dues online starting TODAY! Go to the DBA website and under the Membership tab, click on Renew Membership. Or if you prefer to mail in your payment, log in and select the View your 2016 Dues Statement option to print and mail in your 2016 DBA DUES STATEMENT with payment. Your 2016 DBA DUES must be paid by December 31, 2015 in order to continue receiving ALL your member benefits. Need help with your renewal? Contact Kim Watson, kwatson@dallasbar.org or (214) 220-7414 Thank you for your support of the Dallas Bar Association!


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