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THE HOUSTON
inside... Why Young Lawyers Should Get Involved with HBA Navigating Your First Years as a Young Lawyer in Houston How Young Lawyers are Changing the Game Establishing a Career Path Journey to Solo The ‘Don’t Judge Me’ Generation Takes the Bench ‘What I Wish I Had Known’
Volume 56 – Number 6
The Rising Generation of Lawyers
May/June 2019
Building champions. NAMED #1 BEST OF THE DECADE by PreLaw Magazine for Best Moot Court. NATIONAL ADVOCACY WINNER: 131 TIMES. No other law school has won half as many. More ABA NATIONAL APPELLATE ADVOCACY CHAMPIONSHIPS than any other law school in the U.S. More Scribes BEST BRIEF LEGAL WRITING AWARDS than any other law school in the U.S. 17 FIRST-PLACE NATIONAL AND INTERNATIONAL ADR COMPETITIONS, ranking as a top law school for ADR.
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Join the HBA 100 Club! The Houston Bar Association 100 Club is a special category of membership that indicates a commitment to the advancement of the legal profession and the betterment of the community. The following law firms, government agencies, law schools and corporate legal departments with five or more attorneys have become members of the 100 Club by enrolling 100 percent of their attorneys as members of the HBA. Firms of 5-24 Attorneys
Henke, Williams & Boll, LLP
Shannon Martin Finkelstein Alvarado
Ogletree Deakins Nash Smoak & Stewart, P.C.
Abraham, Watkins, Nichols, Sorrels,
Hirsch & Westheimer PC
& Dunne, P.C.
Yetter Coleman LLP
Agosto and Aziz
Holm | Bambace LLP
Shearman & Sterling LLP
Adair Myers Graves Stevenson PLLC
Horne Rota Moos LLP
Shellist | Lazarz | Slobin LLP
Firms of 50-99 Attorneys
Ajamie LLP
Husch Blackwell LLP
Shipley Snell Montgomery LLP
Akin Gump Strauss Hauer & Feld LLP
Arnold & Itkin LLP
Irelan McDaniel, PLLC
Short Carter Morris, LLP
BakerHostetler LLP
Baker, Donelson, Bearman, Caldwell
Jackson Lewis P.C.
Smith Murdaugh Little & Bonham LLP
Greenberg Traurig, LLP
& Berkowitz, PC
Jenkins & Kamin PC
Sponsel Miller Greenberg PLLC
Haynes and Boone, LLP
Baker Williams Matthiesen LLP
Johnson DeLuca Kurisky & Gould, P.C.
Sprott Newsom Quattlebaum Messenger
Jackson Walker L.L.P.
Baker Wotring LLP
Johnson Trent & Taylor LLP
Stone Pigman Walther Wittmann PLLC
Morgan, Lewis & Bockius LLP
The Bale Law Firm, PLLC
Jordan, Lynch & Cancienne PLLC
Strong Pipkin Bissell & Ledyard LLP
Susman Godfrey LLP
Barrett Daffin Frappier Turner & Engel, LLP
Kean | Miller LLP
Stuart PC
Thompson & Knight LLP
Berg & Androphy
Kelly, Sutter & Kendrick, P.C.
Taunton Snyder & Parish
Winstead PC
Bradley Arant Boult Cummings LLP
Kilpatrick Townsend & Stockton LLP
Taylor, Book, Allen and Morris, LLP
Buck Keenan LLP
KoonsFuller, PC
Thompson & Horton LLP
Firms of 100+ Attorneys
Bush & Ramirez, PLLC
Kroger | Burrus
Tindall England PC
Baker Botts L.L.P.
Cage Hill & Niehaus LLP
Law Feehan Adams LLP
Tracey & Fox Law Firm
Bracewell LLP
Campbell & Riggs, P.C.
LeClairRyan
Ware, Jackson, Lee, O’Neill,
Hunton Andrews Kurth LLP
Christian Smith & Jewell LLP
Linebarger Goggan Blair & Sampson, LLP
Smith & Barrow, LLP
Locke Lord LLP
Cozen O’Connor
Lorance & Thompson PC
Watt Thompson Frank & Carver LLP
Norton Rose Fulbright US LLP
Crady, Jewett, McCulley & Houren, LLP
MacIntyre, McCulloch & Stanfield, LLP
West Mermis, PLLC
Porter Hedges LLP
Crinion Davis & Richardson LLP
McGinnis Lochridge
Weycer Kaplan Pulaski & Zuber PC
Vinson & Elkins LLP
De Lange Hudspeth McConnell
McGuireWoods LLP
Williams Hart Boundas Easterby LLP
& Tibbets LLP
McKool Smith
Wilson Cribbs & Goren PC
Corporate Legal Departments
Dentons US LLP
MehaffyWeber PC
Wright Abshire, Attorneys, PC
Anadarko Petroleum Corporation
Devlin Naylor & Turbyfill PLLC
Morris Lendais Hollrah & Snowden
Wright Close & Barger, LLP
CenterPoint Energy
Dobrowski, Larkin & Johnson LLP
Nathan Sommers Jacobs PC
Ytterberg Deery Knull LLP
EOG Resources, Inc.
Dow Golub Remels & Gilbreath PLLC
Pagel Davis & Hill PC
Zimmerman, Axelrad, Stern & Wise, P.C.
MAXXAM, Inc.
Doyle Restrepo Harvin & Robbins LLP
Peckar & Abramson, P.C.
Zukowski, Bresenhan & Piazza L.L.P.
Plains All American Pipeline, L.P.
Ewing & Jones, PLLC
Perdue & Kidd
Fisher & Phillips LLP
Phelps Dunbar LLP
Firms of 25-49 Attorneys
Rice University
Fizer Beck Webster Bentley & Scroggins
Pillsbury Winthrop Shaw Pittman LLP
Adams and Reese LLP
S & B Engineers and Constructors, Ltd.
Fogler, Brar, Ford, O’Neil & Gray LLP
Pipkin Ferguson PLLC
Ahmad, Zavitsanos, Anaipakos,
Ford + Bergner LLP
The Potts Law Firm
Alavi & Mensing P.C.
Law School Faculty
Fowler Rodriguez
Ramey, Chandler, Quinn & Zito, P.C.
Andrews Myers, P.C.
South Texas College of Law Houston
Frank, Elmore, Lievens, Chesney
Rapp & Krock, PC
Beck Redden LLP
Thurgood Marshall School of Law
& Turet, L.L.P.
Reynolds Frizzell LLP
Blank Rome LLP
University of Houston Law Center
Fulkerson Lotz LLP
Roach & Newton, L.L.P.
BoyarMiller
Fullenweider Wilhite PC
Ross Banks May Cron & Cavin PC
Coats | Rose
Government Agencies
Funderburk Funderburk Courtois, LLP
Royston, Rayzor, Vickery & Williams, L.L.P.
Cokinos | Young
Harris County Attorney’s Office
Galligan & Manning
Rusty Hardin & Associates, P.C.
Gibbs & Bruns LLP
Harris County Domestic Relations Office
Germer PLLC
Rymer, Echols, Slay, Wilkerson
Hogan Lovells US LLP
Metropolitan Transit Authority of
Gibson, Dunn & Crutcher LLP
& Nelson-Archer PC
Kane Russell Coleman & Logan PC
Harris County Texas
Givens & Johnston PLLC
Schiffer Hicks & Johnson PLLC
Martin Disiere Jefferson & Wisdom
Port of Houston Authority of Harris
Gordon Rees Scully & Mansukhani
Schirrmeister Diaz-Arrastia Brem LLP
McDowell & Hetherington LLP
County, Texas
Hagans Montgomery & Rustay PC
Schwartz Page & Harding LLP
Liskow & Lewis
1st Court of Appeals
Hall Maines Lugrin, P.C.
Scott, Clawater & Houston, L.L.P.
Littler Mendelson PC
14th Court of Appeals
Quantlab Financial, LLC
contents May/June 2019
Volume 56 Number 6
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FEATURES Young Lawyers Should 10 Why Get Involved with the HBA By Kelly Hanen
Your First Years as a 12 Navigating Young Lawyer in Houston By John D. Furlow and Samantha Torres
Career Moves: How Young 14 Early Lawyers are Changing the Game By Megan Penrod
a Career Path 16 Establishing Diving into the Pool “Solo”
34
36
By Jody-Ann Faith Greenwood
Landing a Job in Big Law By Brittany A. Smith
The Rise of the Young Trial Lawyer By David Ghably
A Journey to Becoming a Legal “Jane-of-All-Trades” By Samantha-Anne Horwitch
Establishing a Career Path: A Circuitous Route Leads to Success By Randall Towns
‘Don’t Judge Me’ Generation 24 The Takes the Bench By Sydney Meriwether
The Houston Lawyer
Cover –From top to bottom, left to right: Anietie Akpan, Travis Torrence, Brittany Smith, John D. Furlow, Brooksie Boutet, Kelly Hanen, Jody-Ann Faith Greenwood, David Ghably, Judge Gloria Lopez, Judge Lauren Reeder, Justice Frances Burliot, Misty Gasiorowski, Judge Josh Hill, Madeline Mathews, Tara Taheri, Sydney Meriwether, Samantha Torres, Randall Towns, Stacy Allen and Samantha Horwitch
Story Behind Night Court 27 The and its 2019 Production: Law of the Jungle II
By Tara Taheri
to Solo 28 Journey By Stacy M. Allen I Wish I Had Known’ 30 ‘What Compiled by Brooksie Bonvillain Boutet and Anietie Akpan
34 Law Day 2019 Harris County Bench Bar 36 2019 Pro Bono Awards
The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonthly by The Houston Bar Association, 1111 Bagby Street, FLB 200, Houston, TX 77002. Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1111 Bagby Street, FLB 200, Houston, TX 77002. Telephone: 713-759-1133. All editorial inquiries should be addressed to The Houston Lawyer at the above address. All advertising inquiries should be addressed to: Quantum/ SUR, 12818 Willow Centre Dr., Ste. B, Houston, TX 77066, 281-955-2449 ext 16, www.thehoustonlawyer.com, e-mail: leo@quantumsur.com. Views expressed in The Houston Lawyer are those of the authors and do not necessarily reflect the views of the editors or the Houston Bar Association. Publishing of an advertisement does not imply endorsement of any product or service offered. ©The Houston Bar Association/QuantumSUR, Inc., 2019. All rights reserved.
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contents May/June 2019
Volume 56 Number 6
40
41
departments Message 6 President’s Fulfilling our Mission of
Professionalism and Service to Members By Warren W. Harris
the Editor 8 From Millennial Lawyers are
Rising in the Profession By Polly Graham Fohn
THE RECORD 40 OFF A. Ladd’s Magic Wish to
Tell Stories Comes True
42
43
By Anietie Akpan
Profile in professionalism 41 AStephen B. Crain Partner, Bracewell LLP
Spotlight 42 Committee Communities in Schools
Committee: Celebrating 10 Years By Misty Gasiorowski
Spotlight 43 SECTION HBA Oil, Gas and Mineral Law
Section Joins HYLA for a Night at the Museum
46
By Madeline Mathews
Trends 44 Legal Texas Supreme Court Opinion
Changes Birth Injury Standard of Proof By Robert Painter
ReviewS 46 Media The Early-Career Guide
for Attorneys
Reviewed by Brooksie Bonvillain Boutet
Ticker: The Quest to Create an Artificial Heart Reviewed by Steve Wisch The Houston Lawyer
48 Litigation MarketPlace
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president’s message By Warren W. Harris
Fulfilling our Mission of Professionalism and Service to Members Bracewell LLP
I
The Houston Lawyer
am honored to have served as HBA president this year. Of course, no president can do this job effectively without the help of the board of directors, section chairs, and committee chairs. We are fortunate to have an outstanding group of lawyers who volunteer to serve the HBA. At the annual dinner, the chairs or co-chairs of nine committees and three sections were presented President’s Awards for their outstanding service to the HBA. There are many other volunteers who are instrumental in the great work of our committees, sections, and ancillary organizations. I thank all of them for their service. Working together this year, we have accomplished a lot. But I want to highlight a couple of areas. This year we worked to ensure our programs are focused on serving Houston lawyers and fulfill our mission to bring value to our 11,000 members. We must remain relevant to all Houston lawyers. When we had 59 new trial judges and 10 new appellate justices elected, the HBA worked to ensure our members had the opportunity to welcome all of our new judges. We supported their investiture ceremonies and we hosted a welcome reception at the courthouse attended by several hundred HBA members. We also worked more closely with the substantive law sections. There are 26 HBA sections that provide great benefits for their 9,000 members. I sought the sections’ input on how the HBA could better serve them and help them accomplish their goals. We also devoted a special issue of our magazine to them. For the first time, sections were included in the year-end President’s Awards to acknowledge those who have done outstanding work throughout the year. Another focus of the HBA this year was Professionalism. Professionalism is important because we must maintain public confidence in our profession and the rule of law. Mentoring is a part of professionalism, and is one of the most important things we can do as a bar. This year our Professionalism Committee worked to ensure we are providing a high quality mentoring program to newlylicensed attorneys. We also added more free professionalism programming that was attended by hundreds of HBA members. At the annual dinner, Texas Supreme Court Justice Eva Guzman presented
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Fred Hagans and Harry Reasoner with Justice Eugene A. Cook Professionalism Awards for their demonstrated lifelong professionalism. Chris Prine, Clerk of the 1st and 14th Courts of Appeals, was recognized for his outstanding professional contributions to appellate justice and the people of Houston with a special award presented by Texas Supreme Court Justice Brett Busby. And the inaugural Justice Ruby Kless Sondock Award was presented to its namesake for her lifetime of achievement and leadership for women in the law. Part of what we must do as professionals is educate the public, especially young people. Our Teach Texas volunteers this year brought the total number of students taught to over 21,000 seventh-graders. In addition to our Teach Texas volunteers, hundreds of HBA members go into schools for Law Day and Constitution Day readings. Everyone who has ever volunteered for the HBA knows we have a great staff. But this year has been a year of change for the HBA. Mindy Davidson joined the HBA as executive director on March 1 of this year. Another major staff change was the promotion of Tara Shockley to associate executive director. Let me express my deep appreciation to Mindy and Tara and the entire HBA staff for all of their work for our organization. Bracewell has a long tradition of bar and community service, and I am fortunate to have the support of my partners. My assistant, Terri Patton, and my law partner Yvonne Ho have helped me with everything this year. Thanks so much to all of my Bracewell colleagues. I could not serve the bar without the support and encouragement of my family and wife, Lauren. She is a wonderful wife and mother along with being an outstanding appellate lawyer. I also want to thank Justice Eva Guzman and Justice Brett Busby of the Supreme Court of Texas for being a part of our annual dinner program. They are both active supporters of the HBA in many ways. It has been an honor to lead the HBA and serve our members. I am so pleased that our next HBA President is my friend Benny Agosto. I have worked closely with Benny over the past 11 years on the HBA board, and he has been a tremendous asset to me this year. Benny has great things in store for the HBA in the upcoming year.
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from the editor By Polly Graham Fohn Haynes and Boone LLP
Associate Editors
Anietie Akpan Houston Metropolitan Transit Authority
Anna M. Archer U.S. District Court
Preston Hutson MehaffyWeber PC
The Houston Lawyer
Taunya Painter Painter Law Firm PLLC
Hon. Jeff Work The Freeman Law Firm, P.C.
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Millennials Rising
he millennial generation was born in the community. years from 1980-1996. Today, they are 22 to Some lessons, however, can only be learned with 38 years old, make up roughly 34% of the time. In a spread entitled, “What I Wish I Had Known,” Texas State Bar membership, and since 2016 some of the most prominent members of the local bar they have been the largest generation in the pass along insight they have learned over many years overall labor force in the United States. By 2025, it is of practice. In the same vein, past and present Houston estimated that they will account for an overwhelming Young Lawyer’s Association (HYLA) presidents, John 75% of the global Furlow and Samanworkforce. Millentha Torres, give their nials are the next own tips for successgeneration of busifully navigating the ness leaders, partfirst years as a lawners, judges, and yer in Houston. Me1 general counsel. gan Penrod, a legal recruiter with AmThis issue of The icus Search Group, Houston Lawyer Members of The Houston Lawyer’s 2018-2019 Editorial Board, from left: Avi Moshenberg, describes how many features this rising Associate Editor Hon. Jeff Work, Hon. Scott Link, Natasha Breaux, Brooksie Bonvillain Boutet, young lawyers are generation. Sydney Associate Editor Anna Archer, Koby Wilbanks, Associate Editor Anietie Akpan, Former Editor Meriwether, owner Farrah Martinez, Al Harrison, Kimberly Chojnacki, Editor in Chief Polly Fohn, Trey Holm and making lucrative latAssociate Editor Taunya Painter. See page 9 for complete Editorial Board. eral moves shortly and founder of the after entering the practice and what that means for the Meriwether Law Firm, profiles four newly elected profession. Finally, Stacy Allen, principal of the Law judges from the civil, criminal and family courts, as Office of Stacy M. Allen, gives readers six suggestions well as the court of appeals. Hear in the judges’ own for successfully launching their own practice. words how they will approach, and reshape, their job As a millennial lawyer myself, it has been a particuon the bench. lar pleasure to end my term as editor-in-chief of The Next, five millennial lawyers share personal viHouston Lawyer with this issue. A special thanks to gnettes describing their career paths after passing the guest editors, Anietie Akpan and Brooksie Bonvillain bar. Samantha-Anne Horwitch describes what it is Boutet, for their hard work in making this issue come like to serve as general counsel and chief compliance to life and to the dedicated board of volunteer lawyers officer at Citelum US, a smart lighting and services who have devoted countless hours to reading, writing, company. Jody-Ann Faith Greenwood, founder of the editing and soliciting articles over the past bar year. Of Greenwood Legal Advocacy Group, discusses the course, the lynchpin of the entire enterprise is managups and downs of launching a solo practice. Randall ing editor of The Houston Lawyer, Tara Shockley. She Town, an associate at Nguyen & Chen LLP, shares works quietly in the background to ensure that the his job hunting strategies after graduation. Brittany magazine runs smoothly. Smith, an associate at Vinson & Elkins, talks about And, as always, thank you for reading The Houston landing a job in “Big Law.” Any finally, David Ghably, Lawyer. an associate at the Bergquist Law Firm, discusses his path to finding a career that gives him a right to the title “trial lawyer.” This series will inspire young 1. Bentley University, Report on Multi-Generational Impacts on attorneys searching to find their place in the legal the Workplace (Fall 2017). thehoustonlawyer.com
BOARD OF DIRECTORS President
Secretary
President-Elect
Treasurer
First Vice President
Past President
Warren W. Harris
David Harrell
Benny Agosto, Jr.
Bill Kroger
Jennifer A. Hasley
Alistair B. Dawson
Second Vice President
Chris Popov
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Polly Fohn Associate Editors
Anietie Akpan Anna Archer Hon. Jeff Work
Preston Hutson Taunya Painter Editorial Board
Brooksie Bonvillain Boutet Kimberly A. Chojnacki Matthew Heberlein Jonathan Jabcuga Hon. Scott Link Farrah Martinez Avi Moshenberg Taunya Painter Tara Taheri
Natasha Breaux Al Harrison Trey Holm Kristen Lee David Lopez Tim McInturf Marni Otjen Sara Taheri Koby Wilbanks
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HBA office staff Executive Director
Mindy G. Davidson
Associate Executive Director Tara Shockley Director of Education
Project Assistant
Ashley G. Steininger Christina Treviño Bonnie Simmons Alana Polk
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Carly Wood
Education Assistant Director of Projects
Director of Membership and Technology Services Ron Riojas Membership Assistant Database Assistant Director of Development Receptionist/Resource Assistant Administrative Assistant
Danielle Keith Leo Skelly Diane Cervenka Lucia Valdez Valerie Ramirez
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May/June 2019
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By Randall O. Sorrels and By Kelly Hanen Michelle A. Ciolek
is for us too! Below, I discuss how and why young lawyers should make space in their inbox and time in their schedule for the HBA. The easiest way to get involved in the HBA is to join a section or committee. The HBA has 26 sections, based on substantive practice area. When you join a section as a young lawyer, you have access to education and networking opportunities with other lawyers in your practice areas. The mentorship, practical skills, and business connections you will gain through membership in your section are well worth it. The HBA also has 34 committees. There is truly a committee for everyone—organizing a golf tournament, working on issues of gender fairness, advocating for literacy, etc. Committee membership provides a different kind of opportunity than section membership. You may be on a committee with all different types of lawyers, but you are unified in working toward a common goal—whether that is planning the HBA golf tournament or organizing a panel discussion on gender fairness in the legal community or building a house for a Habitat family in need. Accomplishhen I tell other young ing the goals of your committee, while lawyers that I am actively networking and developing business coninvolved in the HBA, I tacts is a win-win. often get Not ready to make a the same commitment to a secHBA events response: “I never even tion or to a committee? provide young read those emails—I Just want to get your feet send them directly to my wet? That is okay too! attorneys with spam folder.” And I get The HBA offers dozens valuable (and rare) it. Especially as a young of one-time events evlawyer, it is hard enough ery month, no strings opportunities to build to keep track of the daily attached. These events onslaught of emails from include CLEs, pro bono relationships with partners, senior associand volunteer opportujudges, general counsel, ates, opposing counsel, nities, and networking and clients—let alone gatherings. These events and experienced also keep up with your provide young attorneys lawyers in your field. personal life and other with valuable (and rare) commitments. Even if opportunities to build reyou did have the time, you may also be lationships with judges, general counsel, under the impression that the HBA is for and experienced lawyers in your field. more experienced (read: older) attorneys. So take advantage. It will pay dividends And it is. But it is not just for them. It sooner than you think.
Why Young Lawyers Should Get Involved with the HBA
W
Kelly Hanen, member of the HYLA Board of Directors.
“
”
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Big groups not your thing? Not a problem. The HBA also offers a one-on-one mentorship program for its younger members. It pairs young lawyers with more senior attorneys in their practice area. Mentors and mentees meet regularly to discuss issues in their practice. Again, this is a unique chance to build a personal relationship with an experienced lawyer. Sometimes it can be especially helpful to be able to turn to someone with whom you do not work for help. I have personally benefitted greatly from the advice of my mentors. Perhaps most important is the fact that the HBA is actively working on additional programming and benefits that are geared towards the needs of younger attorneys. The HBA has specifically created a “Generational Task Force” comprised of young attorneys (including yours truly), and this group’s primary purpose is to make the HBA more inviting to young lawyers. The HBA did not just call this a “committee.” They called it a “Task Force,” so you know we are taking it seriously. If you have ideas or suggestions, please let us know. The HBA has the resources and the infrastructure to turn your ideas into reality. Seriously, email me. Now that I have convinced you to get involved with the HBA, here are some suggestions to make it easier to get started. First of all, the HBA emails and newsletters themselves can be overwhelming to sift through. They are jam packed with information regarding CLE lunches, pro bono opportunities, and networking events. It can be difficult to figure out where to start. So, where to begin? Just start by picking one event. Better yet, invite a friend or colleague to join you. Remember that friend with whom you have been meaning to get lunch or drinks, but have neglected for the past few months? Well, two birds, one stone. It also makes it easier to show up with a wingman. Second, once you are there, you may feel the strong urge to huddle in a corner with the person who accompanied you.
And that is okay. But, if you are ready to take it to the next level, resist the urge to huddle and instead mingle. Introduce yourself to someone new. Exchange business cards. For the size of the city and for the total number of lawyers, the actual Houston legal community is so incredibly small that you will undoubtedly run into them again. And at the next HBA event you attend, you are guaranteed to know a few more people. Finally, keep showing up. It gets easier
and more fun! So—not only keep those HBA emails in your inbox, but actually open a few. I hope to see you at the next event. Kelly Hanen is a trial associate at Baker Botts L.L.P, representing clients in a broad range of complex litigation. She is a member of the HYLA Board of Directors and the Houston Volunteer Lawyers’ Board of Directors, and serves on two HBA Committees and the Generational Task Force.
Your Values. Your Influence. Your Legacy. Our Advice.
From left: Shelitha Smodic, Maureen Phillips, Tom Williams, Leah Bennett, Donnie Roberts, Susan Wedelich, Katie Slater
Westwood Wealth Management | Houston 10000 Memorial Drive, Suite 650 Houston, Texas 77024 T 713.683.7070 westwoodgroup.com
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By D. Furlow and and By John Randall O. Sorrels Samantha Michelle A.Torres Ciolek
Navigating Your First Years as a Young Lawyer in Houston
Y
John D. Furlow, 2018-2019 HYLA President.
Samantha Torres, 2019-2020 HYLA President.
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our reputation, your personal integrity and your work ethic will follow you, so it is important that you begin building your own personal road to success from the first days of your career. The Houston market provides endless opportunities for young attorneys to build a network within the legal community regardless of your background, law school, or area of practice. This can be overwhelming at first, but once you jump in, you will find this community welcoming (like the city itself), and you will also learn that the legal world is a lot smaller than it first seems. Learn Your Craft First, take advantage of the opportunities you have in your own practice. Prioritize building a strong reputation for hard work and personal integrity with the attorneys you work with on a daily
basis. Whether you are working within a larger firm or a smaller practice, your work colleagues will be the people you spend most of your time with and building strong relationships early on in your career should be your priority. Take the time to get to know your colleagues, but also remember that Rome was not built in a day and it takes time to build a reputation. By having a positive attitude about your work, by demonstrating a strong work ethic, and by being reliable and responsive, you will quickly gain your colleagues’ trust and respect. You will experience both successes and setbacks in your early years, and it is through the setbacks that you end up learning the most. As Winston Churchill once wrote, “success is not final, failure is not fatal: it is the courage to continue that counts.” Once you have built a reputation as someone who can be trusted and relied upon, you will find career opportunities and your network expanding naturally. Use the Resources within Your Firm Many big law firms and boutiques have established business development teams that provide their young associates with an array of networking opportunities. If you are working at such a firm, be sure to take advantage of these opportunities when you have downtime. But never forget that your work is, and always needs to be, your highest priority. This is a knowledge-based profession, and there is no substitute for the knowledge you gain through actual experience. You should also be proactive, both inside and outside the office. If, for example, you have an idea for an article or a presentation, approach a partner and ask them to work on it with you. Authoring legal articles in areas of interest to you is a great way to showcase your skills, interests and aptitude early on. If you are interested in a specific area of the law—energy, for example, your firm might have an internal group or committee that meets regularly to discuss those matters—look for ways to get involved.
nizations is the leadership experience. Get Involved in Outside HYLA empowers young lawyers to Legal Networks learn, lead, network, and serve through There are also many groups outside of endless leadership opportunities such the law firm setting that offer opporas a committee chair or co-chair on one tunities to build relationships early in of HYLA’s 22 committees or a seat on your career, such as the Houston Bar the HYLA board of directors. HYLA Association (HBA), the Houston Young provides opportunities for young lawLawyers Association (HYLA), the Texas yers to organize programs and, in doYoung Lawyers Association (TYLA), ing so, interact on a personal level with the Women’s Energy Network, and judges and noteworthy Young Professionals in seasoned lawyers. FiFinance, to name just Find out more nally, HYLA will not a few. Consider joinabout Houston only help you establish ing one or two of these yourself within the legal groups early on in your Bar Association community, but it also career. Many of these resources prepares you for service groups will introduce with the HBA. you to people who share for young and your interests and alUtilize Social Media low you to meet potennewly-licensed As you well know, social tial mentors and future lawyers at media can be a doublebusiness contacts. edged sword. Your onNext, diversify your www.hba.org/new. line presence will influnetwork. Meet lawyers ence how the outside world perceives with different personal backgrounds, you professionally so be smart how you lawyers who attended other law schools, utilize it. Do be sure to set up a LinkedIn and lawyers who work at different types account if you have not done so alof firms or companies. You might have ready. Attorneys are increasingly using to step outside of the office to diversify Facebook, Twitter and Instagram to your network. One of the easiest ways to build their professional profile. All of diversify your network is to get involved the Houston legal bar associations and in your local bar organizations. nearly every law firm has now develAmong the chief benefits of joining oped an active social media presence. young lawyers-focused bar organizaThe popularity of lawyer-oriented Facetions such as HYLA and TYLA are the book groups has also been on the rise friendships and relationships that you and can be especially helpful for young will gain. As a member of HYLA or lawyers who need advice on legal matTYLA, you have a unique opportunity ters or who would like to expand their to befriend lawyers outside of your firm network, locally or nationally. Some who have a variety of backgrounds and Harris County courts even have a Facepractices. Those attorneys may be the book page that allows lawyers to keep first or sixth attorney in their family, track of important activities and anor a big law or small firm associate or nouncements. partner, a solo practitioner, an in-house counsel, or a government or non-profit Find a Mentor attorney. Eventually some of those felSeeking out a mentor or multiple menlow young lawyers will also become tors that you trust and admire is key to your lifelong friends. And one of the any successful career. The practice of best ways to cultivate those relationlaw is best learned through actual expeships is to get actively involved with one rience, coupled with guidance from lawof these organizations. yers whose method and style of practice Another benefit of joining these orga-
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fits how you envision your practice. Seasoned lawyers have a wealth of knowledge to impart, whether pertaining to the technicalities of practice, ethics, building one’s network, or balancing work and life outside of work. They can provide you with advice on how to deal with issues you are experiencing that they have experienced before. Your firm may have a mentorship program, but it can also be helpful to find a mentor outside of your firm. This will allow you to gain insight into the practice of law from multiple perspectives. Continue to seek advice from those who know you best—your family and close friends. The legal profession is demanding and challenging. It can be easy to lose sight of your broader career goals in your day-to-day practice. Take time to re-evaluate your career goals and remember why you wanted to become an attorney. In addition to self-reflection and discussions with your mentor, seek out others who may be able to offer a perspective. Build a Peer Support Network Finally, young lawyers have many opportunities to learn from and support one another throughout their careers. As young lawyers, we all experience many of the same challenges in our effort to learn not only how to hone our craft, but also the manner of practice that best fits our individual interests and goals. Your fellow young lawyers are facing the same challenges and struggles and can provide advice and insight (sometimes learned the hard way) on how to overcome those challenges. Sometimes you will find that those who ultimately provide us the greatest encouragement and advice are those you would least expect to do so. John D. Furlow is a partner at Kirkland & Ellis LLP and served as the 2018-2019 HYLA President. Samantha Torres is an associate at Germer, PLLC and the 2019-2020 HYLA President. thehoustonlawyer.com
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By Randall O. Sorrels and Michelle A. Ciolek
By Megan Penrod
Early Career Moves:
How Young Lawyers Are Changing the Game
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Megan Penrod
he average professional changes jobs 14 times during the course of his or her career. Historically, this has been less true for lawyers who, in the past, exhibited staunch devotion to their firm and its brand. The current legal market, however, looks vastly different. Young lawyers are entering the market saddled with six-figure debt from the increasing costs of attending law school. With many established law firms paying lateral associates five and sometimes sixfigure bonuses, junior lawyers are able to capitalize on opportunities to pay off debt and maximize their earning potential early on, and then later figure out how they wish their careers to unfold. The Houston legal market is especially lucrative for young lawyers, given the interest of out-of-state firms entering the 14
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city. There are presently 56 of the Am Law 100 firms in Houston and 75 of the Am Law 200, 14 of which have arrived in just the past five years. The influx of out-of-state firms is creating a ripple effect, where top firms are competing for top business in Houston, and associates with top credentials are coveted. Until 2016, first year associates at elite firms could expect to be paid $160,000 as a starting salary. In the summer of 2016, however, the New York law firm Cravath Swaine & Moore increased its associate compensation to $180,000 to meet the demands of associates in high cost of living markets. Most of the big firms followed suit, with some form of what is now known as the “Cravath Scale.” In 2018, Milbank, Tweed, Hadley & McCloy announced a new compensation scale, with starting salaries of
$190,000 for a first-year associate, and up to $315,000 for a seventh-year associate, as well as special bonuses. Not to be outdone, Cravath raised the scale yet again, matching junior associate salaries of $190,000, and raising mid-level and senior associate compensation by $5,000 and $10,000, respectively. The Houston market has largely followed suit, matching these new associate scales to some degree. However, not all firms that start associate compensation at $190,000 are “lockstep” all the way through the seventh year, resulting in some salary variation among the mid-level ranks, thus making for a more dynamic, mid-level lateral associate market. The most in-demand associates have approximately three years of experience from a top law firm. Homegrown associates are becoming a rare breed, as the majority of mid-level associates will have made at least one move by their fourth or fifth year of practice. Reasons for moves vary by individual associate, but often, partnership considerations are at the forefront. Despite such a frothy market for associates, partnership opportunities are rare at satellite offices, and mid-level associates who have been billing 2,200-hour years finally look up and shift their focus to the long-term. At the elite levels where compensation is virtually equal across the board, other differentiating factors become more paramount in a lateral move: lifestyle, work-type, and partnership opportunities. Millennials continue to comprise an increasing percentage of firm lawyers and will shape the future of firms in terms of work-life balance. While law firms have made some attempts to cater to the younger generation by offering remote work opportunities and adopting more flexible parental leave policies, the law firm model has remained largely unchanged in the last 30 years: partners develop business and maintain those relationships, and associates service the work.
As the millennial generation shifts into partnership roles, there will naturally be some cultural shifts. For example, it will likely fall on the millennial generation to redefine the role of law firms through increasingly popular alternative fee agreements. For now, young lawyers are able to capitalize on a strong legal market and secure large bonuses. In a strong market, young lawyers wield significant power. In a weak market, however, they are at the mercy of their firms. For law firms, these first-year lawyers can be expensive, and firms make a big investment by training them, despite knowing the risks of losing them to other opportunities. One need look no further than the classes of 2010 and 2011 to appreciate the toll a poor economy can take on a young lawyer’s career, as most law firms laid off young lawyers, deferred start dates for entering lawyers, or rescinded offers altogether. Given the maturity of the current bull market, there are many who anticipate that we are on the cusp of another recession, hopefully not as severe as the last. What does this mean for job searching? Young lawyers are inundated with mass e-mails from national recruiting firms. In the first few years of practice, lawyers from major firms are virtually interchangeable. Many of these young lawyers came straight from law school, or perhaps, a judicial clerkship. Despite holding a degree from a prestigious law school, young lawyers are largely kept in the dark about law firm life. They keep their heads down, bill hours, and start to pay back their massive amounts of debt. Under these conditions, the opportunity to make an extra $10,000 to $30,000 can lure an otherwise happy associate to a different platform. And why should it not? While it would seem logical to assume that loyalty to a firm would increase the likelihood of making partner, that is often not the case. Increasingly, laterals are offered partnership more readily over homegrown associates. Accordingly, a well-timed and well-thought-out lateral move three to five years into practice can
make the difference in a lawyer’s career. Financial incentives aside, the conditions for making partner vary greatly between firms. Most lawyers, however, only know what they know from their own firm experience and often lack a broader perspective to make a true comparison to another platform. Naturally, the world and especially younger lawyers are moving more toward technology for communication, job searching and networking. However, young lawyers that use a broader resource base are the ones seeing the most success in the long term. Technology alone cannot help young lawyers find a mid-career position that will improve work-life balance, partnership opportunities, and compensation. Successful young lawyers often have a foundation of varied resources, including relationships with peers and advisors. While lawyers used to look to find mentors that were quite a bit older, young lawyers are looking more to their peers who may be three to five years ahead in
their career. These peers will have the most authentic feedback because these are the lawyers that are experiencing timely changes in their own careers. Young lawyers who engage and provide leadership in legal associations, tend to be in the know on industry trends and chatter. The role of the recruiter has shifted as well, as recruiters are not simply recruiting or headhunting for a firm. They are increasingly acting as an agent for a lawyer in her job search and being a source of information on the market. As young lawyers are viewing recruiters more in the agent role they are not timid about asking for information or help and use a recruiter to be their eyes and ears in a continually shifting market. Megan Penrod is a legal recruiter with Amicus Search Group specializing in associate and partner placements at law firms in Houston. She graduated from Saint Louis University School of Law with a certificate in health law and is a member of the State Bar of Texas
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Establishing a Career Path
A
Diving into the Pool “Solo”
By Jody-Ann Faith Greenwood round nine years old, I decided that I wanted to become a lawyer. The plan was to work at a medium size law firm or a government agency such as the public defender’s office. Midway through law school, the idea of going solo came to mind. I carefully filed this idea in the back of my mind as a back-up plan or something to do after I worked several years at a law firm. Fast forward two years later, I was waiting for my Texas bar results and searching for jobs. While combing through dozens of job websites, I noticed a common trend. All the attorney entry level jobs required at least three to five years of experience. Yikes! I had around eight months of law clinic experience and a month-and-a-half externship at a family law practice. I jokingly asked myself, “Can I count my three years in law school? Or my unpaid summer internship at age fourteen?” Clearly, I was grasping at straws to reach three years of experience. And did I forget to Jody-Ann Faith Greenwood mention, I am not from Texas and I graduated from a law school in Michigan? So finding a job through my non-existent Texas network was not an option. The cards were stacked against me, but I persisted. I decided to volunteer at law firms to gain experience and build my network from the ground up. No lawyer can refuse free help, right? I am grateful to the two law firms that welcomed me into their practices. Through this experience, I gained a wealth of knowledge and it led to a short-term, paid position at an estate and probate solo practice. I worked there for around 10 months. After leaving that solo practice, I realized that I was at a crossroad. Do I jump back in the job application pool with not quite three years of experience under my belt or start my own law practice? Do I “pound the pavement” to find a new job or to find clients? I had an internal conflict between my Gen X upbringing, which cautioned me to, “Put my time in before launching out into my own practice,” and my millennial side, which urged, “Why wait, the time is now. Let’s get moving. Life is short.” I decided to pound the pavement to find my own clients. Choosing to go solo reminds me of when I jumped into a 12-foot deep pool that I thought was six feet deep. I panicked when I realized my feet did not touch the floor and started kicking frantically to get back to the surface. When I got out of that pool, I was shocked when I saw just how deep the pool was, but I was also filled with confidence that I can do anything. I have been solo for three years now, and I am still in the kicking frantically stage. Kicking through every new challenge that comes my way and with each new kick, I get closer to the surface. Building my practice is a slow and gradual process. I work part-time as an adjunct instructor at Remington College to supplement by income. I did not have any money saved up prior to starting my practice. I did not want to take out any loans to start my practice and I did not want to take cases that I was not interested in solely because I needed to pay my bills. My website is still being developed as I type this article, largely because I still need time to figure out questions like, “Who am I as a lawyer and what do I want to get out of my practice?” A friend of mine that does branding helped me navigate the “why” questions to figure out my brand.
I did not know starting my own practice would require me to do so much introspective work. In addition, I now understand the phrase, “Heavy is the head that wears the crown.” As a solo practitioner, I am responsible for EVERY aspect of my practice. As naïve as this sounds, I am still making the connection that my practice is a business and I need to make money, charge reasonable fees, and not short change myself. I am a work in process when it comes to my account receivables. I must admit having a law practice management system has helped tremendously. No solo is an island. I find that having a support group of lawyers is essential to my success. Currently, I practice family law, immigration, and dabble in court-appointed probate matters. I have two family lawyer mentors. I am part of two lawyer Facebook groups: Texas Family Law and Immigration. I am a part of five WhatsApp Immigration groups. I am also a part of
an unofficial solo support group, which consists of a few of my friends that went solo around the same time. We bounce ideas off each other, which counteracts my tunnel vision. We serve as co-chair for each other at trial. We share free resources that we come across such as the Texas State Law Library. The Texas State Law Library is my manna from heaven. I believe it is truly a “God send” to solo practitioners. As a young lawyer, going solo is challenging but I have learned and am still learning that I am not alone on this journey. Whatever comes my way, I will keep kicking frantically until I reach the surface. Jody-Ann Faith Greenwood is the founder of Greenwood Legal Advocacy Group, PLLC. She practices in the areas of family and immigration law.
Landing a Job in Big Law
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By Brittany A. Smith hile I thought I was pretty knowledgeable about landing a job, having gone through the process a few years before in accounting, I must admit that I was not entirely prepared for the process in the legal field—a process that is unwieldy, time consuming, and unlike the hiring process for other jobs. I hope my experience, then and now, can provide some insight for other young lawyers and law students. Job Search and Initial Interviews In my search, I relied primarily Brittany A. Smith on my law school’s career services office, which organized the on- and off-campus interview (OCI) programs. This route requires less work initially, yet the OCI process is very competitive. When searching for a job, two key considerations include: (1) the type of law you would like to practice and (2) location. These considerations also play a part in firms’ hiring decisions. Firms look at their hiring needs and potential return on investment. That is, if they invest in you, will you work for them long enough to justify that investment. Initial interviews are approximately 20 minutes long and often feel shorter (or longer depending on the tenor of the interview). Three things to keep in mind when preparing for your interviews are: (1) be knowledgeable about the firm you are interviewing with, including office locations, the type of law that each office practices, and the firm’s strengths; (2) know
your resume and be able to converse easily about it; and (3) do not underestimate the power of saying thank you either during the interview itself or with a note afterwards. An Extended Interview Process After completing the initial set of interviews, I was invited to a few second-round interviews or “callbacks.” These interviews generally took place either in the morning or afternoon for approximately two to three hours and included lunch with two associates. While I have never done speed dating, I imagine that these interviews are the job equivalent. In 30-minute segments, you interview with eight to 12 attorneys allowing you to get a better feel of the firm and office culture. These interviews are fundamentally similar to first-round interviews but require more mental stamina and preparation. After navigating my way through second-round interviews, I decided to split my 2L summer, spending the first half at Vinson & Elkins LLP (V&E), where I currently practice, and the second half at the Houston office of another big law firm headquartered out of state. While split summers are not as common in Texas anymore, both experiences brought interesting assignments, fun experiences and a much-welcomed salary. They also brought an extended 12-week interview where each firm and practice group that I rotated through was evaluating whether I fit into their culture, and I was in turn assessing fit and the nature of work I was getting. By the end of my summer, I had a difficult decision because I had two great experiences. Yet for me, it came down to two things: (1) firm culture, and (2) the type of office in which I wanted to work, particularly whether I wanted to be in a firm’s headquarters or one of its satellite offices. First, with respect thehoustonlawyer.com
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to firm culture, I enjoyed being around the people at V&E because I generally got the sense that everyone was very smart and well-respected in their fields but also approachable. As with any big law firm, I also knew there would be long hours, and being surrounded by people I liked and fit in well with would make a difference. Second, V&E’s Houston office is the firm’s headquarters, and for me, it offered an exciting, dynamic place to work. The biggest piece of advice I can give to any summer associate regardless of a whether you work in big law or with a sole practitioner is showing that you care, want to be there, and are grateful for the experience. There are a number of ways to show this, whether by taking notes during a phone call, asking follow-up questions or simply thanking an attorney for his or her time. My Current Practice Looking back, while my job is highly demanding, both intel-
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This article is intended for educational and informational purposes only and does not constitute legal advice or services. These materials represent the views of and summaries by the author. They do not necessarily reflect the opinions or views of Vinson & Elkins LLP or of any of its other attorneys or clients Brittany A. Smith is an associate at Vinson & Elkins, L.L.P.
The Rise of the Young Trial Lawyer
By David Ghably efore entering law school, I was always engaged in public speaking based extra-curricular activities. From the start of my 1L year, my focus was on litigation and oral advocacy. I was fortunate enough to make the mock trial and moot court team during my first year. When it came time to apply for summer internships, I targeted firms that gave young associates plenty of opportunities to observe court hearings and trials. The best guidance I received was from upper classmen on the mock trial team. Through their guidance, I attained an internship at The Crim Law Firm, which focused David Ghably on high volume personal injury litigation. Although I enjoyed working in the personal injury field, I wanted to explore other practice areas in the summer following my 2L year. Through on-campus interviews arranged by career services at my law school, I was able to obtain a summer internship at Holmes, Diggs & Sadler, a mid-sized family law firm. I cannot overstate how much this internship taught me 18
lectually and in terms of the time commitment, I would not change my decision. I am currently in my third year at V&E in the Mergers & Acquisitions and Capital Markets group. Over my first three years at the firm, I have had the opportunity to work on private M&A transactions, line of equity deals, equity and debt offerings, and many more transactions of varying size and complexity. These experiences have made my job search and three-part interview process worth the time and preparation that I put into each stage, and I am very grateful for the people who helped me along the way.
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about the proper preparation necessary for hearings and trials. In addition, my supervising attorneys allowed me to participate in every facet of a case, from intake to drafting final pleadings. The experience was significant in providing me with a comprehensive overview of family law in a short period of time and insight into how to manage a law firm. Holmes, Diggs & Sadler cultivated a core group of attorneys extremely well-versed in the expansive issues surrounding family law, while maintaining a focus on philanthropy. As my last semester in law school came to an end, I realized that even though my experience in family law was positive, I still wanted to pursue a career in personal injury litigation. Once again, I reached out to members of my mock trial team for guidance. Several had accepted offers from The Bergquist Law Firm, a mid-sized personal injury law firm with a heavy focus on litigation. I sought out a firm which would instill trust in young attorneys to handle cases and gain experience quickly. After talking with colleagues further, I submitted my application and secured an offer. The Bergquist Law Firm is built on a system of trust and accountability that immediately caught my attention. Attorneys are placed in litigation teams that are comprised of senior and junior associates. The firm has developed a gradual, escalating train-
Equal Access Champions
The firms and corporations listed below have agreed to assume a leadership role in providing equal access to justice for all Harris County citizens. Each has made a commitment to provide representation in a certain number of cases through the Houston Volunteer Lawyers.
Large Firm Champions Baker Botts L.L.P. Bracewell LLP Hunton Andrews Kurth LLP Locke Lord LLP Norton Rose Fulbright US LLP Vinson & Elkins LLP
Corporate Champions CenterPoint Energy, Inc. Exxon Mobil Corporation Halliburton Energy LyondellBasell Industries Marathon Oil Company Shell Oil Company
Mid-Size Firm Champions
Akin Gump Strauss Hauer & Feld LLP BakerHostetler LLP Beck Redden LLP Chamberlain Hrdlicka Clark Hill Strasburger Foley Gardere LLP Gibbs & Bruns LLP Gray Reed & McGraw, P.C. Greenberg Traurig, LLP Haynes and Boone, L.L.P. Jackson Walker L.L.P. Jones Day King & Spalding LLP Morgan, Lewis & Bockius LLP Porter Hedges LLP
ReedSmith LLP Sidley Austin LLP Winstead PC Winston & Strawn LLP
Quinn Emanuel Urquhart & Sullivan, LLP Shortt & Nguyen, P.C. Trahan Kornegay Payne, LLP
Boutique Firm Champions
Individual Champions
Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Blank Rome LLP Dentons US LLP Fullenweider Wilhite PC Hogan Lovells US LLP Jenkins & Kamin, L.L.P. LeClairRyan McDowell & Hetherington LLP Ogden, Broocks & Hall, L.L.P. Ogletree, Deakins, Nash, Smoak & Stewart P.C. Weycer, Kaplan, Pulaski & Zuber, P.C. Wilson, Cribbs & Goren, P.C. Yetter Coleman LLP
Small Firm Champions
Coane & Associates Frye, Benavidez and O’Neil, PLLC Fuqua & Associates, P.C. Gibson, Dunn & Crutcher LLP Givens & Johnston Katine & Nechman L.L.P. Katten Muchin Rosenman LLP KoonsFuller, P.C. MehaffyWeber, P.C.
Law Office of Peter J. Bennett Law Office of J. Thomas Black, P.C. Burford Perry, LLP The Dieye Firm The Ericksen Law Firm Law Office of Todd M. Frankfort Hasley Scarano L.L.P. David Hsu and Associates The Jurek Law Group, PLLC Law Firm of Min Gyu Kim PLLC The LaFitte Law Group, PLLC Law Firm of Catherine Le PLLC C. Y. Lee Legal Group, PLLC Law Office of Gregory S. Lindley Martin R. G. Marasigan Law Offices Law Office of Evangeline Mitchell, PLLC Rita Pattni, Attorney at Law Law Office of Robert E. Price The Reece Law Firm, PLLC Sanchez Law Firm Law Office of Jeff Skarda Angela Solice, Attorney at Law Diane C. Treich, Attorney at Law Law Office of Norma Levine Trusch Law Office of Cindi L. Wiggins, J.D. Trey Yates Law
ing program that allows for immediate work on all aspects of a case. New associates are permitted to begin taking cases based on merit, and many are able to argue their own motions, participate in depositions, and try their case within a year. Before a new attorney takes a case, he or she has already gone through a comprehensive training program and is familiar with each component of a case. The mentorship and accountability provided by the team structure utilized at The Bergquist Law Firm
is unlike any other legal environment I have experienced. Ever since law school, I knew litigation was my path. I wanted a challenging career which provided plenty of courtroom exposure with an ambitious group of trial-ready attorneys as mentors. That is what I stayed focused on obtaining, and that is exactly what I have found. David Ghably is an associate at the Bergquist Law Firm.
A Journey to Becoming a Legal “Jane-of-All-Trades”
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By Samantha-Anne Horwitch y favorite, albeit one of the hardest, questions I am asked is, “What kind of law do you practice?” It is my favorite question because I absolutely love to tell any willing audience what I do and what my company does, but it is also one of the hardest because there is not one simple answer. The simple response for me would be construction, or corporate, maybe even business law. While none of those answers are wrong per se, they truly do not encompass what a general counsel for a company Samantha-Anne Horwitch does. I do practice construction law and handle business issues, but in the same day, I can work in employment law, international compliance, contracts, personal injury, OSHA violations, and more. Not to chide, but being a “General Counsel” means just that... you handle generally everything. It is your job to cover all the needs of your company from a general legal perspective, not just one specific area of the law. My interest in being a general counsel stemmed from growing to love an industry, as opposed to a specific type of law. Early in my career, while positioned as an associate attorney for a tax firm, I began working primarily with construction clients nationwide. The industry drew me in instantly, and I knew this was the sector that I wanted to work in long term. There were so many opportunities for an attorney to make a difference inside an organization: from the operational processes and compliance, to the transactional disputes and internal business structuring. After many years of working 20
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with construction companies from the “outside,” I knew it was finally time to switch sides. I began my journey as corporate counsel with a large general contractor that specialized in heavy highway and road construction. It was there that I began to truly see what the day-to-day life of a corporate counsel looked like. After having practiced in a traditional law firm for so long, I quickly discovered that predictability of schedule and consistency in tasks were something that did not exist inside a company’s legal department. The challenges of being able to juggle many different areas of law had to be directly combatted through organization, leadership flexibility, and quick thinking. I grew to love that no two days were alike, and that my legal knowledge had to continually grow and expand to meet the changing needs of the company. While you do not have to be an expert in each area of law, you must serve as a first line resource for the company to protect their best interests. Currently, I am serving as General Counsel and Chief Compliance Officer for Citelum, US, a smart lighting and smart services subsidiary of EDF Group. The company uses its expertise and know-how for its clients, collectivities and industries, to develop and build value-creating solutions and create smart cities worldwide, thereby reducing the electrical footprint and creating a cleaner world. While I am serving in a similar role as my previous positions, each company I have worked for has presented new and dynamic challenges that have required me as an attorney to constantly expand my skills and open my mindset to find the best solutions. Samantha-Anne Horwitch is General Counsel and Chief Compliance Officer for Citelum, US, an EDF Company.
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Establishing a Career Path:
I
A Circuitous Route Leads to Success
By Randall Towns realized early on in law school that I could start getting experience. The career resource center at the school was particularly helpful. While the focus of my first years in law school was on class and extra-curricular activities, I did work over the summers. I worked with a small family law firm, Sinoski & Associates, PLLC, in my first summer. I got this job because I worked for the firm prior to law school. I then worked for a small medical malpractice firm, The Lewis Law Firm, in my second summer. During my final two semesters, I worked for Arnold & Itkin, LLP, one of the top perRandall Towns sonal injury firms in Houston. Both of these jobs resulted from on-campus interviews arranged through the career resource center. After law school, I initially worked for Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz, as a law clerk and then as a contract attorney for several months following the bar exam. I was able to get this job thanks to the generous reference of Ms. Shaun Devine, a major contributor to the South Texas College of Law Advocacy Program. Because this was only a contract position, however, I continued to look for a more long-term position. I landed my current full-time position by monitoring online job search sites, like Indeed, ZipRecruiter, LinkedIn, and the monthly Texas Bar Career Center Job Flashes. I prepared for job
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interviews by reviewing the firm’s website to determine its focus and how I could contribute. I also looked up each firm on Glassdoor to see if any interview questions, tips, or reviews had been posted about the firm. I considered several factors in deciding whether to accept a job offer. I wanted to work for a firm that would allow me to get immediate courtroom experience. I was also looking to work for a mid-size personal injury firm with a positive work environment. I wanted to feel challenged without being overloaded. Finally, I wanted to receive a decent salary and benefits, so that I could begin paying my student loans back and have some economic stability. I am now an associate attorney at Nguyen & Chen, LLP. I obtained this job from a posting on one of the online job search sites above. I applied even though the firm was looking for an associate with more experience than I had at the time, because it was almost a perfect fit based on my criteria. My practice currently focuses on business litigation and corporate law. I maintain an active litigation docket and have already worked on a number of diverse cases, ranging from breach of contract, construction and commercial real property disputes to fraud and family law cases. I am involved in all stages of litigation, and get to utilize my legal research, writing, and oral advocacy skills by assisting clients from the filing phase all the way through trial. Randall Towns is an associate attorney for Nguyen & Chen, LLP in its business litigation division.
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By Randall O. Sorrels and By SydneyA.Meriwether Michelle Ciolek
The ‘Don’t Judge Me’ Generation Takes the Bench Sydney Meriwether
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F
ifty-nine new Harris County judges and 10 new appellate justices means more than just new blood; it also means young blood. Days of just the most tenured lawyers presiding over the courtroom are gone.1 The young benches mirror the millennial labor force take-over. More than one in three workers are millennials in today’s labor force, surpassing Gen Xers in 2016. The millennial generation may also be the most racially diverse generation.2 And that is no surprise as minorities comprise more than half of the millennial populations in ten states, including Texas.3 In Harris County, the 59 new judges sworn in after the November 2018 election included 19 black women and at least one democratic socialist.4
Millennials are called a whole bunch of things nowadays: social-media obsessed, narcissistic, lazy, entitled. But they have also been recognized as the most educated, diverse generation, who often choose purpose over a paycheck. A landmark Deloitte study found that millennials want to achieve results through a culture of connection, gaining more ideas, insights, and perspectives, and by facilitating a sense of belonging.5 They are more likely to take on work that is meaningful to them and tend to blur work and life together, often checking emails and remaining “on” during afterwork hours. Now, many Harris County benches are ruled by thirty-somethings. Despite the negative labels and stigmas, millennials are game-changers. In the interviews below, we get some insight into what the following jurists are bringing to the bench: Judge Lauren Reeder, 34, Harris County 234th Civil District Court; Judge Josh Hill, 39, Harris County 232nd Criminal District Court; Justice Frances Bourliot, 39, Texas 14th District Court of Appeals; and Judge Gloria Lopez, 33, Harris County 308th Family District Court. These millennials and Gen Xers are worthy, passionate and relentless. Listen in. Judge Lauren Reeder 34, Harris County 234th Civil District Court
On Changing the Status Quo When you change the players, you change the game. It is no secret that for a long time, judges were known to be older and grayer than myself or my counterparts. I’ve helped disrupt the status quo. And while I will always strive to follow the law in an equitable and
just fashion, I will do so in a way that is relatable, pragmatic and with an eye toward the future. I haven’t practiced so long that I’m burned out, jaded and frustrated with the practice; rather, I’m energetic, optimistic, and prepared for this. On Her Pet Peeves I can’t stand it when lawyers are rude to each other or interrupt each other. There is a difference between zealous advocacy and just plain disrespect. On Finding Balance I strive to be fully present in whatever I’m focused on in any given moment – whether it is analyzing an upcoming ruling, chasing my three-year-old at a playground, discussing my husband’s goals and plans, or taking some time for myself to exercise or relax. Breathing exercises, meditation, and visualization help me stay centered. I go to an indoor cycling class five days a week to decompress and focus. The bench gives me more control over the ways I can schedule my time, but I am also aware of the immense pressure lawyers who practice before me are under. If I can alleviate that at all for others through flexible hearings accommodations or allowing a child in the courtroom, for instance, I do my best to do so.
On Keeping Zen As a practicing criminal defense lawyer, I constantly had a high level of stress at all times. As a judge, I have the same intense stress during court, when I have to make difficult decisions; however, the stress stays in the courtroom and does not follow me home. I engage in a number of activities that bring me zen and keep me focused while alleviating my stress. I clear my head with Brazilian Jiu Jitsu and boxing. I am currently a 2nd degree black belt and have been practicing Jiu Jitsu for 23 years, competing at every belt rank at the local and international level. On Humility and Flexibility in the Courtroom As someone who has practiced on both sides, as a prosecutor and a criminal defense lawyer, I have the capability to face challenges as a judge, even if that means recognizing what I don’t yet know and being humble enough to ask for help. My temperament, patience, open minded-
ness, and realization that everyone who appears before me has a life outside of the courthouse will assist in creating a more positive and respectful environment than what has previously existed in many of the Harris County criminal courts. Justice Frances Bourliot 39, Texas 14th District Court of Appeals
On Diversity As a Korean-American woman (some have told me I am the first Asian-American woman on a Texas appellate court), a single mother, and a former public defender, I bring a different background to
Judge Josh Hill, 39, Harris County 232nd Criminal District Court
On Choosing to Run I wasn’t planning to run, but one day we were discussing the serious problems we had with the criminal justice system and someone asked: Why don’t you just run for judge? and I said, “I think I will.” thehoustonlawyer.com
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the court. We are ruling on real cases that affect real people and we need to have perspectives on the bench that reflect the myriad of backgrounds and cultural experiences that make up our community. There was no appellate court justice on my court with significant experience in criminal defense, and I felt that the criminal defense perspective was necessary in order to have a balanced court. I am keenly aware of the enormous responsibility that comes with this position. Having a judiciary that is representative of the community it is serving helps increase the public’s trust in the judicial system. On Credibility Own the bad facts and bad law that might affect your case—selectively excluding important facts affects your credibility. Leaving out the bad facts from your briefing makes me question the veracity of your version of events.
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On Technology Technology in the courtroom has already made it easier to have quicker access to briefing and records. I read records and briefs electronically and I can annotate the electronic documents and quickly find important facts and points. I am more efficient. Judge Gloria Lopez 33, Harris County 308th Family District Court
On Being an Inspiration Justice depends not only on the laws but also on who is interpreting and applying the law. I am a game-changer for the family law bench. The public didn’t expect to have a young Hispanic female presiding over their case. But now Harris County families and children see someone like themselves —a woman of color, someone who speaks their language, of immigrant parents, with a similar upbringing—hearing their cases and listening to their concerns about their children. I ran for judge because equality and fairness are
not just legal principles to me, they are my entire reason for being a lawyer. I ran because of my deep respect for our system, my desire to restore esteem to the family law bench and to inspire my nieces and nephews to be fearless. On Mindfulness I find it important to breathe. People and lawyers react out of urgency (especially when it involves the best interests of a child); it’s important to sit and breathe, think about the lives before me and speak mindfully with kindness. On Engaging the Jury The legal profession lags behind the use of the newest technology. In addition to creating a courtroom where there is no room for stereotypes, biases, or cronyism, I urge attorneys to make use of the screens and technology in our courtroom. I love the trial attorney that approaches me with a USB drive instead of binders filled with paper copies. I encourage attorneys to engage the jurists. Sydney Meriwether is the owner and founder of Meriwether Law Firm in Houston. She is a personal injury and probate trial lawyer and can be reached at sydney@meriwetherlaw.com. Endnotes 1. Sarah Landrum, Here’s How Millennials are Preparing for Success in 2018, FORBES, Dec. 29, 2017, available at https://www.forbes.com/sites/sarahlandrum/2017/12/29/heres-how-millennials-arepreparing-for-success-in-2018/#1e23d43f7e63. 2. William H. Frey, Diversity Defines the Millennial Generation, BROOKINGS, June 28, 2016, available at https://www.brookings.edu/blog/the-avenue/2016/06/28/diversity-defines-the-millennialgeneration/. 3. Id. 4. Josh Hersh and Mimi Dwyer, Progressives Unseated all 59 Republican Judges Up for Re-Election in Houston in the Midterms, VICE NEWS, Nov. 14, 2018, available at https://news.vice.com/en_us/ article/pa5b8z/progressives-unseated-all-59republican-judges-up-for-re-election-in-houstonin-the-midterms. 5. Dr. Christie Smith and Dr. Stephanie Turner, The Millennial Majority is Transforming Your Culture, Deloitte, 2018, available at https://www2.deloitte.com/content/dam/ Deloitte/us/Documents/ about-deloitte/us-the-millennial-majority-istransforming-your-culture.pdf.
By Tara Taheri
The Story Behind Night Court and its 2019 Production:
Law of the Jungle II
N
ight Court is Houston’s very own all-lawyer musical theater company. Although Night Court got its start as a project of the Houston Bar Association, in 2014 the production transitioned into an independent, public 501c3 organization. Each year, local judges and lawyers take to the stage to perform an original, musical comedy highlighting various themes relating to law and the legal profession. The talented head writer and director, Debra Baker and Judy Frow, respectively, include
everyone plays while bringing together a successful show which produces a stellar impact on our community. Night Court would not exist without the generous support of donors and sponsors who are pivotal to the organization’s mission. This marks my sixth year as a cast member in Night Court. It has been an honor to share the stage with incredibly gifted and sensational people as well as collaborate off stage with noble and passionate charity leaders. You can also find me working behind the scenes in the role of marketing chair. One of the many great aspects of Night Court is that it is fulfilling to attorneys and non-attorneys alike. Night Court is a wonderful way to help individuals in need while enjoying a fun night out. Night Court: Law of the Jungle II premieres at the Hobby Center on Wednesday, August 14, 2019, and runs through Saturday, August 17, 2019. Please find an excerpt below from Director Judy Frow, setting the tone for the upcoming show: “Night Court returns to the Jungle once again in a reboot remix of all our favorite Jungle theme movies. With music from hit movies, along with Queen, Guns ‘n Roses and others, Law of the Jungle II tells the tale of George (of the Jungle) as he tries to win at the mysterious game that sends him from the Law Library to the heart of the Jungle. Night Court 2019 will be a wild ride—Welcome to the Jungle… if you dare!” For more information regarding the organization and ticket sales, please visit us at www.nightcourt.org. And please bring family and friends—it is suitable for all ages!
Houston stories, pop culture, and politics to comically captivate the audience while using parody-driven lyrics to provide an added humorous touch. An exceptionally talented orchestra is also thrown into the mix. The organization donates the proceeds of its performances to charities that provide free legal services to those in need within the Houston area, including: Houston Area Women’s Center Children’s Court Services Program, Family Unification Initiative benefitting the Family Intervention— Infant Toddler Court, Aid to Victims of Domestic Abuse, Tahirih Justice Center, The Beacon Law Program, South Texas College of Law Houston Legal Clinics, Lone Star Legal Aid— Military & Veterans Unit, and Child Advocates. Since the organization’s inception over 25 years ago, Night Court has donated well over one million dollars to charities. The lawyers, or shall we say, Tara Taheri works performers, wear many hats in the with the Marshall production by joining together for Taheri Law Group a little over a month to build and and is a member of paint sets for the stage, rehearse The Houston Lawyer songs, learn choreography and Editorial Board and more. As the curtain drops durthe Law Week Coming our four-night show week, it is Tara Taheri mittee. She can be emotional to experience the creative role reached at tara@tarataheri.com. thehoustonlawyer.com
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By Randall O. Sorrels and By Stacy M. Michelle A. Allen Ciolek
Journey to Solo I
t was an ordinary fall work day. I was sitting in my small office with no windows staring at two computer monitors, one with a motion I was drafting and the other with an evergrowing list of emails. While pruning my plant in an attempt to find my inner Zen, I could hear chatter in the hallway. Though indistinct, I knew it was likely the same infighting and gossip that was a constant in the office. I was worn, mentally Stacy M. Allen and physically, from being at a firm where the emphasis was on competing to vie for partner rather than to work collaboratively to optimize results for clients. I knew it was time to leave that firm because it started to take a toll on my body, but despite multiple job interviews I could not find a firm that would allow me to practice my two passions—civil litigation and criminal law. It was on that ordinary day that I realized that if I could not find my dream job, I had to build it.
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About a month prior to taking the leap into starting my own firm, I went to a Houston Lawyers Association mixer where I met an entire community of supportive attorneys, many of whom were solo practitioners. One person in particular sat me down over a series of three lunches and provided me with his “Solo 101” crash course. His guidance provided a framework for a path forward and the assurance that I could practice law on my own. Below are some of the invaluable tips and lessons I learned through my journey to solo. 1. Keep your overhead costs low. Whether you saved your big firm salary for years before stepping out on your own or you are starting your own practice the day after receiving your bar card in the mail, expenses can add up fast. However, with technology there are many ways to create a foundation for your business without absorbing large expenses. Start with simple things like a digital fax number ($10/month), a virtual office where you can use an address and book a conference room as needed (starting at $75/month), and even a remote answering service or virtual assistant. They say Rome was not built in a day. Similarly, do not feel like your empire has to be built overnight. 2. Bloom where you’re planted. By virtue of your bar license, there are opportunities to build a financial floor for your practice upon which you can continue to build. Seek out opportunities for court appointments in your county and the surrounding counties. For instance, Harris County has the Civil Ad Litem appointment list for which an annual half-day course provided by the county is the only prerequisite. There are also criminal, probate, and juvenile appointment lists, which may require a course or requisite years of experience that you may unknowingly possess. The qualification standards for court appointments are dif-
members and make them aware that ferent in each county; therefore, if you you are a trusted legal resource from do not qualify for appointments in one their community. You will soon learn county, check the requirements for a that you are better connected than you neighboring county. One great resource realize. is the Houston Lawyer Referral Service, which will provide you with referrals 4. Develop a brain trust. based on the areas of practice you specOne of the benefits of working at a firm ify. Note, you must have professional is the pooling of knowledge, includliability insurance in place, which is ing sample briefs, motions, and best fairly inexpensive. These opportunities practices in various help you generate incourts and jurisdictions. come and make connecTrust your Knowing the particulars tions while you are still of how a court functions getting your practice off journey. There is or how a particular the ground. no single path judge tends to rule can impact your strategy in 3. Before spending to success or a case. One of the things marketing dollars, tap I developed early in my into your network. one way to practice and continue I wish the famous line practice as a to cultivate is my “brain from the movie Field of trust.” That is, attorneys Dreams, “if you build solo attorney. who I can text, call or it, they will come,” apemail regarding a case plied to the practice of What one person and bounce ideas off of law. You have to create may do or value or ask for sound advice. a consistent flow of cliI have at least one attorents to thrive. The minas a part of ney in each of my pracute you set up your URL tice areas with whom I or register the name of their practice regularly talk through your business, you are may not work my cases to ensure there going to be inundated are no blind spots in with calls from marketfor you and my strategy. My brain ers claiming they can trust includes not only help you optimize your that is totally more senior attorneys, webpage and increase normal. but also more recently your portfolio of clients. licensed attorneys who The first instinct is often tend to offer a fresh perspective. to take whatever money you have and throw it into various marketing appara5. Pour into yourself in order to contuses to see what works. I was tempted tinue pouring into your business. to do the same when I first started my Entrepreneurship is not for the faint of practice until I met with a marketing heart. There are months that business consultant who asked me, “Have you will be slow and months in which every fully tapped into your network?” Your client is in crisis mode and you feel overnetwork and word of mouth are always whelmed. Regardless of firm structure, going to be your greatest assets. Contact drug and alcohol abuse are rampant in your law school classmates, let them the legal profession. To avoid these pitknow your practice areas, and maybe falls, build time into your schedule to you can refer clients to each other. Attake care of yourself. For me, going to tend networking events and exchange mass on Sundays is my reset button. It is cards with other attorneys. Talk to your the one place where I can be fully preschurch, synagogue, mosque and temple
“
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ent, leave my worries on the altar, and edify myself for the week ahead. After church, I spend time at my mother’s house. In addition, I try my best not to work on Sundays, refusing to answer client emails or calls, because I am not a robot and, if it is a true emergency, they should probably call 9-1-1. For others, their reset button is yoga, meditation, or brunch. Maybe for you its time outside with nature. Take some time now to explore what works for you and set a time and day of the week to do it. Also, pretend you still have someone to answer to and schedule yourself for vacation. Otherwise, you will be on the verge of a breakdown before you know it. 6. Trust your journey. There is no single path to success or one way to practice as a solo attorney. What one person may do or value as a part of their practice may not work for you and that is totally normal. Be open to advice from others, but feel free to reject what does not serve you or fit your vision for your firm. You will meet people who started their own firm after you did with less experience and they will seem to be more successful than you. Congratulate them, but do not allow their version of success to make you question your own. Remember, this is a journey, not a race. I will admit, owning your own firm is not easy. As a solo practitioner, you have to manage all of the roles of a traditional firm, from collections and billing to client development and actual client representation. However, if you trust yourself and trust the journey, it can be a rewarding experience that honors your capabilities and your vision. Stacy M. Allen is the principal of the Law Office of Stacy M. Allen, a Houstonbased boutique law firm providing legal expertise in areas of civil, criminal, family and probate law. She currently serves as a director of the Houston Lawyers Association thehoustonlawyer.com
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By Randall O. Sorrels and Compiled by Brooksie Bonvillain Michelle A. Ciolek Boutet and Anietie Akpan
‘What I Wish I Had Known’
H
ouston attorneys and judges share their thoughts on the things they wish they would have known as young lawyers.
The Hon. Lee H. Rosenthal I wish I had known then what a very important role two resources richly available in college, law school, and early in practice would be. The first is the opportunity to seek out and develop learning relationships with real mentors, professors and teachers and more experienced colleagues. The second is good writing. Not “legal writing,” but good, clear, plain, lovely English. I sort of knew both, but not well enough. The Hon. Lee H. Rosenthal is Chief Judge of the United States District Court, Southern District of Texas. 30
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The Hon. Elizabeth Ray I have learned to always be overly respectful to opposing counsel while guarding my client’s position like a pit bull. I have learned to never lie to a judge…ever. I have learned that things are never as bad as they seem. I have learned that practicing law is a job description, not a description of a life. I have learned that it is my job to show up and participate in my own life. I have learned that my reputation is everything in this business. I have learned that being a woman means I have to work harder to be seen and heard. I have learned that it is OK to ask for help. May I suggest you ask three good friends to honestly write down three adjectives to describe you and simultaneously write down three for yourself. If they don’t match up, or if you don’t like what you read, take a long look in the mirror and decide who you want to be. Do this every five years and adjust accordingly. The Hon. Elizabeth Ray is a Senior District Judge (Ret.). She is board certified in civil litigation by the Texas Board of Legal Specialization and now has a mediation/arbitration/trial strategy practice.
Benny Agosto, Jr. The study of law is not like going through
your undergraduate classes in college or even graduate school. Although at first the study of law seems like a foreign language (learning new words and phrases, as well as learning how to think like a lawyer), it is much more than that. I wish I would have understood that what I was studying in law school was much more than an academic exercise, it was learning new materials and concepts that I would need and use the rest of my life. It is called the practice of law because we have to put the law we learned into practice every day in order to become the best at what we do. The sooner we learn this life lesson, the better the lawyer we will become. Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz. He is the 2019-2020 president of the Houston Bar Association.
The Hon. Josefina Rendón More than “what I wish I had known,” I will share what I believe I unknowingly did that positively affected my career. Besides working hard, I made friends with my colleagues. Through good friends, I made more friends, some who were older lawyers willing to mentor and share their knowledge, and some who were rather influential people who led me to public service and a judicial career. So, my advice is – make friends. Get people to know you, and get to know them. Join as many professional organizations as possible and network. Befriend not only experienced lawyers who can help and advise, but those who can also use your help. Hon. Josefina Rendón is a mediator, arbitrator and former Civil District Judge. She is a 1976 graduate of the University of Houston College of Law.
Julia A. Cook After 36 years of practicing law, if I could speak to my baby lawyer self, I would explain the importance of self-promotion. As a woman growing up in the South, I was trained not to brag. But bragging is different from recognizing your talents, exhibiting self-confidence, and sharing your accomplishments with others. The world is competitive. To be recognized, you have to let others know what you can do. Julia A. Cook is a partner at Schlanger, Silver, Barg & Paine, LLP. Her areas of practice are commercial litigation and bankruptcy.
Travis Torrence “To best serve others – serve from a full cup!” While we all know that the legal profession is demanding of our time, energy, and brainpower, it should not exact a toll on our physical or mental health. As a young lawyer, I was conditioned to work hard and put my well-being behind the senior associ-
ates, partners, clients, counterparties, and judges with whom I worked. Moreover, I held myself to impossibly high and unsustainable standards. Although I had been a relatively healthy person, when the pressures of practicing law at a large firm hit, I stopped exercising, made poor dietary choices, gained 40 pounds, and made a few other unhealthy choices that aren’t appropriate for print in this fine publication. I quickly learned that I would have to take better care of myself if I was going to continue to practice law. So, what should you do? Find something—anything—that you enjoy. Prioritize healthy habits like exercise, getting enough sleep, and eating foods other than the muffins and pastries served during business meetings. Go to the doctor regularly. Take your vacation days. By implementing simple wellness strategies, you can better manage the inevitable stress that accompanies our noble profession. And, remember, the world will not fall apart because you weren’t in the office for a few days. Travis Torrence is the Global Litigation Bankruptcy & Credit Team Lead at Shell Oil Company. He is the 2019 Chair of the Houston Bar Foundation.
Terry Bryant First, “You don’t know what you don’t know.” Put another way, never be insular in your thinking and never rest on your laurels. There is so much to learn from others, not just locally and in our practice area, but from across the country and in different industries. Second, “Don’t try to be everything to everyone.” Specializing is a good thing. There is incredible breadth in any given area of thehoustonlawyer.com
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the law and developing a good reputation in that one area alone is enough. That’s why I focused on becoming Board Certified in Personal Injury Trial Law. Having a laser focus is efficient and allows for a better “work-life blend.” (By using “blend” versus “balance,” you embrace the degree of commitment owed to clients and loved ones alike.) Terry Bryant is a former judge; a former member of the State Bar of Texas Advertising and Professionalism Committees; and a current, longstanding member of the HBA Fee Dispute Resolution Committee. He is board certified in Personal Injury Trial Law.
LaMonica Orr-Love There are so many things I wish I had known as a young lawyer. The most important thing I wish I had known is that “you do not have to have it all together during
the early years of your career.” I spent my first few years delaying leadership or networking opportunities because I was not in my “dream job.” This was a huge mistake. It is crucial to network horizontally and vertically as a young lawyer. The relationships you develop as a young lawyer will follow you throughout your career. These relationships can help you excel in your current job or find your next opportunity. LaMonica Orr-Love is the founder of The Love Law Group and Consulting Services, PLLC, which provides legal services to start-ups, entrepreneurs, and small to medium-sized businesses. She currently serves as the president of the Association of Women Attorneys for 2019–2020.
Lauren Waddell As a new attorney, there is a whole new
world of unknowns which can be intimidating. In my first year of practice, I was planning to attend a professional event and a law school friend of mine was going to join me. At the last minute, my friend and chosen “wing (wo)man” could not make it to the event. When I arrived and glanced into the room, I saw that people had already “huddled up” into groups, which was daunting. Instead of following my instincts to just go home, I bravely walked into the room. I met many people that night including having the opportunity to visit with family court judges, which is a thrill for any first-year family lawyer. There have been many moments in my career that I have had to step out of my comfort zone and I have grown from each occasion. My advice to all young lawyers is – “Bravely walk into the room!” Lauren Waddell is a partner at Fullenweider Wilhite. Her practice focuses exclusively on family law cases including divorce litigation, custody issues, complex property division, marital agreements, paternity actions, child support, modification actions and enforcement of prior orders.
HBA LegalLine New hours • CLE opportunity • More lines
Starting October 2, 2019
LegalLine is one of the few places that Harris County residents can anonymously get a legal question answered for free. We cannot make this program work without your generous assistance. This is also a great opportunity to pair with clients to show support for pro bono and the community. When requested, we partner with HVL to provide you with a CLE from 4:00 to 5:00 p.m., with ethics included, where you can learn about and take pro bono cases. Please note, beginning in October 2019, there will be one 3-hour shift from 5:00 to 8:00 p.m. with more phone lines open. If you are interested in participating or have any questions, visit www.hba.org/LegalLine. 32
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Law Day 2019 Free Speech, Free Press, Free Society
The Houston Bar Association celebrated Law Week with programs that educated the public on the 2019 Law Day theme, “Free Speech, Free Press, Free Society.” A focus on the cornerstones of representative government calls on us to understand and protect these rights to ensure liberty now and for the future.
While Law Day is May 1, the HBA calls its celebration Law Week, but the annual program encompasses much more. The HBA Law Week Committee was co-chaired by Greg Moore of Norton Rose Fulbright US LLP and Christine Ng of TC Energy.
Poster Workshops
The Law Week Committee partnered with the Asian American Bar Association, the Houston Lawyers Association, and the Mexican American Bar `Association of Houston and Hispanic Bar Association of Houston to conduct workshops in three areas of town to help children create posters for the HBA’s Law Week Contests, as well as to learn more about the law.
Special Day at the Courthouse
On February 22, the HBA Law Week Committee joined justices and court staff in welcoming over 400 special needs students and educators for the annual Special Day at the Courthouse, organized by Chief Justice Kem Frost of the 14th Court of Appeals. Attendees heard a presentation on guardianship, learned more about Law Day, and were provided with additional resources.
Law Week Readings
Attorneys and judges read the book, The Nantucket Sea Monster: A Fake News Story, by Darcy Pattison, to over 8,200 1st-4th graders. Pictured here are just a few of the volunteers with students.
Warren Harris at Sheldon Elementary School in Sheldon ISD. 34
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Catina Haynes at Pleasantville Elementary School in Houston ISD. thehoustonlawyer.com
Justice Harvey Brown at Frostwood Elementary School in Spring Branch ISD.
Jennifer Hasley at Browning Elementary School in Houston ISD.
Rehana Vorha at E.C. Mason Elementary School in Alvin ISD.
Otto Meyers III at Robinson Elementary School in Cy-Fair ISD.
Dialogues
Law Day Contest Winners
Law Day Displays
Law Week Co-chair Greg Moore of Norton Rose Fulbright LLP; the Hon. Elaine Palmer of the 215th District Court; and Scott Bernstein, a law student at Thurgood Marshall School of Law, with students at Bellaire High School during one of 10 “Dialogues on Freedom” the HBA conducted as part of its Law Day education programming, reaching 828 high school students this fall.
The HBA recognized the winners of its Law Week Poster, Essay and Photography Contests at the Houston Young Lawyers Association/Houston Young Lawyers Foundation Law Day Luncheon on May 10. First place winners are pictured here with some of the contest sponsors. From left: Mike Peyton of 3b Studio, Inc. and Blake Pratz of Icon Wealth Partners, LLC; Adyasha Pradhan, K-2nd grade poster; Heba Badat, 3rd-5th grade poster; Mateo Oviedo-Cardona, 6th-8th grade poster; Rolando Vera, 9-12th grade photo; Kala Pham, 9-12th grade essay winner; and Brando Palazzo from Icon Wealth Partners, LLC. Thanks also to sponsor Stratos Legal.
Posters from the HBA Law Week Contest were displayed at various locations downtown in April and May. Posters shown here were displayed at the Harris County Law Library.
First Place: Houston Bar Association Law Day Essay Contest:
“Steps”
By Kala Pham, DeBakey High School for Health Professions
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e raised our signs above our heads. Arm in arm, we stood strong as we walked towards City Hall step by step. March 24, 2018 - The March for Our Lives. In both an abstract and physical sense, this was the march for our lives. Protesting against gun violence and advocating for a safer school system, students spoke in public and to the press about their goal to promote stronger gun violence prevention measures. We spoke to protect our lives. This day mirrored a day nearly 49 years ago when the freedom of speech and freedom of the press were demonstrated citywide and nationwide. In 1965 as a protest against the Vietnam War, about ten students in Des Moines wore black armbands to mourn the deaths of those in the war. Five students were suspended. Three took the case to court. On February 24, 1969, the Supreme Court ruled that students possess fundamental rights which States must respect. Tinker v. Des Moines established a precedent leading to student empowerment and social justice. Armed with the freedom of speech and freedom of the press, students are unafraid to advocate for stricter gun regulations. The courage—the ability—to speak out extends not only to students. Women fearlessly protect each other in Time’s Up and Me Too. Cultures unite in Blacks Lives Matter and Muslim Ban. Today’s society comes together in sustained activism and urges for the public consciousness to take a stand. The freedom of speech enables students, women, and those op-
pressed to find their voice, to share their stories, and to change the future. The freedom of the press provides the breadth and coverage necessary to enact action and push for improved policy. These freedoms are a podium—a microphone that gives individuals a chance to speak who never before could. Arguably, more important than fortifying those oppressed with a microphone, the freedom of speech and press strengthen those around the world. Knowing there are individuals who share their ideas and are taking action, thousands around the world find support and work to improve their own situations. Freedom propels a movement, a current of activism. It is the ultimate peak of triumph as we as society speed towards progress and moral righteousness. The freedom to express opinions and the freedom to spread those opinions through effective media outlets is one that has become a right throughout time. Without these two freedoms, today’s society fails to be anything more than stagnant. The freedom to speak and communicate guarantees evolution. We walked back towards our school, feelings of satisfaction and humility heavily saturated the air. Engraved in our minds is the image of Emma Gonzalez speaking on the steps of City Hall. We too took a step today. We take steps every day. We step into our school with the intent to learn and protect ourselves and those around us. We use our sacred freedom of speech and freedom of the press to amplify our voices. We are the generation of change. thehoustonlawyer.com
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Outstanding Pro Bono Service Honored by Bench and Bar
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arris County judges and attorneys came togeth-
er to recognize outstanding pro bono service by presenting the annual Harris County Bench Bar Pro Bono Awards on May 8th at the Harris County Civil Courthouse. The awards program was established to recognize outstanding pro bono service through local legal service providers and to encourage law firms, corporate legal departments and individual attorneys to volunteer direct legal services to low-income Harris County residents. A committee of six judges and seven attorneys, including representatives from the Hous-
ton Bar Association, the Houston Lawyers Association, the Asian American Bar Association and the Mexican American Bar Association of Houston, reviewed nominations and selected the recipients in several categories. Warren Harris, 2018-2019 president of the HBA, and the Hon. Robert Schaffer, judge of the 152nd District Court and administrative judge of the Harris County District Courts, presented the awards as co-chairs of the committee. The keynote speaker was the Hon. Keith P. Ellison, U.S. District Judge for the Southern District of Texas, whose remarks appear on page 40.
Harris County Bench Bar Pro Bono Awards
From left, Ryan Van Steenis of Ajamie LLP; Warren Harris; Jordan Turk of KoonsFuller LLP; the Hon. Keith Ellison; Donna Petrone of ExxonMobil; Ruby Powers of Powers Law Group; Harry M. Reasoner and Ellyn Josef of Vinson & Elkins LLP; Phyllis Young of Akin, Gump, Strauss, Hauer & Feld LLP; Hon. Jane Bland of Vinson & Elkins LLP, and Hon. Robert Schaffer. 36
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Large Firm Vinson & Elkins LLP
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uring 2018, 179 attorneys at Vinson & Elkins volunteered 11,053 hours for pro bono legal services in nine different categories. Attorneys assisted many non-profits with a variety of legal needs, including formation, bylaws, and litigation. The firm continued its partnership with Texas Children’s Hospital, with lawyers representing several families in obtaining guardianship over their incapacitated children. Attorneys assisted low-income families with end-of-life documents and probate matters through Houston Volunteer Lawyers, and represented low-income families with legal needs including divorce, modifications and name changes. V&E attorneys volunteered at legal clinics for veterans, the City of Houston’s Small Business Initiative, supported decision-making clinics, and Harvey recovery clinics. The firm continued to assist low-income residents with immigration cases including asylum, Violence Against Women Act and DACA matters. Other pro bono matters included juvenile record expunctions, the Volunteer Prosecutor Program in the Municipal Courts, and Child Advocates, as well as civil rights litigation on behalf of deaf and hard-of-hearing inmates in the Texas state prison system.
Mid-size Firm Akin, Gump, Strauss, Hauer & Feld LLP
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ll of Akin Gump’s 58 attorneys in the Houston office participated in pro bono work in 2018, volunteering 4,949 hours on more than 120 matters. Firm attorneys assisted Houston Volunteer Lawyers with wills for lowincome clients, helped non-profits through Texas C-Bar, served as outside counsel for Equality Texas, and worked with Texas Appleseed on a research project on laws that criminalize homelessness in Texas cities. Firm attorneys are actively handling more than 40 immigration cases, including asylum and visa cases, working through American Gateways, Human Rights First, YMCA International Services and Kids In Need of Defense. Attorneys also handled several successful cases through Catholic Charities of the Archdiocese of Galveston-
Houston and Houston Volunteer Lawyers under the Violence Against Women Act. In addition, Akin Gump attorneys worked on two significant research programs on legal services for the ABA Commission on Immigration and Texas Rio Grande Legal Aid’s veterans program.
Small Firm Powers Law Group
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he four attorneys in Powers Law Group focus their practice entirely on U.S. Immigration and Nationality Law. In 2018, firm attorneys devoted 328 pro bono hours representing clients who lack the financial means to seek effective legal representation in immigration matters. Firm attorneys traveled to represent a number of pro bono clients detained at the border in family separation matters, helping to reunite parents and children. Founding partner Ruby Powers joined with other organizations to create Ayuda Familias to coordinate volunteer opportunities to assist immigrants. Firm attorneys also represented pro bono clients seeking asylum, and formed partnerships with organizations like Casa Juan Diego to provide legal services and assist with visa applications. Powers also donated her time to train volunteers to help those seeking asylum with their credible fear interviews.
Individual Jordan Turk
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ordan Turk practices with the family law firm of KoonsFuller. She recently took on the case of a Kingwood woman who, in 2010, lost all of her limbs due to a catastrophic infection following the home birth of her third child. Last year the woman, who had overcome tremendous obstacles to continue to care for her children, filed for divorce from her husband. After mediation with her former attorney, her ex-husband was awarded temporary primary conservatorship of their children. That’s when KoonsFuller managing shareholder Shari Evans saw the woman’s need for adequate counsel in the matter, and Jordan took on her case pro bono. After 64 hours of pro bono legal thehoustonlawyer.com
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work, Jordan was able to settle the woman’s case without going to trial and obtained primary conservatorship for her client, proving that her disability did not define who she was as a mother.
Corporation Exxon Mobil Corporation
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n 2018, 173 volunteers devoted 4,603 recorded client hours to serve veterans, seniors, children, persons affected by domestic violence and other underserved, low-income residents through pro bono representation, nonprofit assistance and legal clinics. That number includes 140 attorneys and 33 support staff. ExxonMobil volunteers participate in ongoing partnerships with the HBA’s Houston Volunteer Lawyers and other community organizations such as Catholic Charities, Houston Area Women’s Center, Human Rights First, Kids in Need of Defense, Beacon Law and Tahirih Justice Center. The firm partnered with Baker Botts L.L.P. and Halliburton to train volunteers in ID restoration and criminal expungement of records, and partnered with Beacon Law and Angel Reach to take cases to help the homeless. Firm attorneys volunteer for the Houston Volunteer Lawyers’ Will-A-Thon, preparing end of life documents for low-income seniors and others, and handled immigration cases through Tahirih, among many other pro bono cases. ExxonMobil’s pro bono leadership begins with General Counsel Randy Ebner, who encourages law managers to participate in pro bono work, and the firm annually recognizes attorneys and support staff for outstanding service at a Pro Bono Awards Luncheon.
President’s Pro Bono Star Award Ryan Van Steenis Recognizing outstanding pro bono commitment for a specific project or program. yan Van Steenis handles complex litigation and business disputes at Ajamie LLP. Since 2014, he has donated hundreds of hours of pro bono legal services to Unlikely Heroes, a non-profit offering hope, housing and rehabilitation to child victims of human trafficking. Ryan
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has traveled to Thailand and Mexico, often under difficult conditions, to help open and run Restoration Homes that rescue and rehabilitate child victims. There are eight Restoration Homes in the U.S., Philippines, Thailand and Mexico that provide safe housing, medical care, legal assistance, case management, life skills, job training, education and trauma therapy. Not only does Ryan provide legal services, he also volunteers his time to work with children in the homes in other ways. In 2018, after Ryan played a pivotal role in opening the first Restoration Home in Mexico, Unlikely Heroes honored him with the Legacy Award for his selfless efforts and significant contributions to ensuring freedom and a future for child victims.
President’s Award for Pro Bono The Honorable Jane Bland Recognizing a lifetime of contributions to pro bono legal services. ane Bland has served on the board of the Houston Volunteer Lawyers since 2009 and is the current chair-elect. She previously served as the treasurer and chair of the personnel and planning committees. Before taking the bench, she was an active volunteer with Houston Volunteer Lawyers, handling trial and appellate pro bono cases, and chaired the HBA’s Campaign for the Homeless and the Eikenburg Law Week Fun Run, among other committees. She serves on the Texas Supreme Court’s Commission to Expand Civil Legal Services (the “justice gap” commission) and its Rules Advisory Committee. In these roles, she and her colleagues have led efforts to streamline the process for establishing indigency in Harris County, to update rules for limited scope representation and proof of inability to pay court costs, and to promote pro bono volunteerism among lawyers and the availability of legal services to those in need. Now a partner at Vinson & Elkins, she has returned to representing pro bono clients through Houston Volunteer Lawyers. Alissa Gomez, former HVL Executive Director, says: “Judge Bland is a model of commitment to justice, who has shown her dedication to legal services for the poor in every facet of her rich professional life.”
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Remarks of the Hon. Keith Ellison at the 2019 Harris County Bench Bar Pro Bono Awards
t has rightly been said that none of us would ever wish to appear idle in the presence of the industrious, none of us would wish to appear coarse in the presence of the refined, and certainly none of us would wish to appear timid in the presence of the courageous. That is so because we can always imagine, and by imagining share, the judgment of the other mind. Looking out at those gathered today, I realize that no one would ever wish to seem selfish in the presence of the compassionate, or ego-centric in the presence of the large-hearted. I celebrate you, and feel fortunate to be in your company. Your achievements are especially worthy of salutation because of the tenor of the current conversation within our profession. Leaders of the bar, writings about the bar, ambitions within the bar, are all about lofty salaries, spacious corner offices, front-page headlines. As the poet said, if we judge by wealth and power, these are the best of times. But, if the times have taught us to judge by wealth and by power, then these are the worst of times. Against this backdrop, you have remained true to the ideals that brought us all to law school in the first place. You understand that, as lawyers, our mission includes representation of those who have nothing, and are not even allowed to enjoy in peace the nothing that they have. That we must stand with the lost, the last, and the least. That the measure of a lawyer is not taken during hours of gold, but during hours of lead. That in an era of slippery relativism, law should be a profession of rectitude. The greatest gift one person can bestow upon another is the gift of one‘s love. But, the second greatest gift is the gift of one’s labor. This is why we are here today. This is, exactly, what you have done. Knowing that the labor would be hard, knowing that it would be unrecompensed, knowing that losses would outnumber victories. Precisely because the mood of our profession is not one of sympathy for the forsaken, we must come together at moments like this. We must remind ourselves of the importance of what we do. And, when our own light burns dim, we must re-kindle ourselves with the spark from another flame. The needs are so great. I remember one episode, remarkable only for its ordinariness. Our court was in session, and a group of elementary school children were in attendance as part of a field trip. Their school was one of Houston’s most prestigious and expensive. I noticed one little girl in particular because she sat near another girl who looked to be about the same age, but seemed not to be one of the students from the private school. We proceeded with our morning docket, and the school children seemed to have some slight degree of interest. Then our case manager called an illegal immigration case and, quickly, there was a new level of interest within the courtroom.
The defendant, a man who looked to be in his 30’s, was outfitted in the standard orange jump suit, with shackles on his hands and shackles on his feet. He told a familiar story. He had been brought to the U.S. when he was two. He had no memory of the home country and spoke not a word of its language. The defendant’s wife and their two children were American citizens. He worked as an automobile mechanic, a necessary and productive job. He had no criminal record other than this issue of immigration status. None of these compelling considerations mattered in the least. Defendant was to be sentenced to prison, and, after he had served his sentence, he would be deported. At some point in my dialogue with this defendant, I figured out that he was the father of the second little girl I had noticed. From that moment, I could not take my eyes off those two girls who sat next to one another. They were each so open and precious. They were so innocent and trusting. Surely, they were each just as sweetly nurtured. But, one had every prospect of a full and happy life. The other was facing an empty and impoverished life because of what I was about to do to her father. I wanted to put my arms around her and try to protect her from the fear and the hurt that were, suddenly, so cold throughout the courtroom. Lives like hers are all around us – broken, broken lives that, if they are to be mended at all, are to be mended only imperfectly. The poor are currently out of fashion, but they are never without human needs. We must be their voices. Even if our only reward is a quiet conscience and untroubled repose. Let us honor today those who have earned recognition. But, simultaneously let us re-dedicate ourselves to the unfinished work obvious all around us. Re-dedicate ourselves to rallying the faithful and sheltering the defenseless. We should commit to being there when the sharp edges of the law collide with the soft tissue of human circumstance. We should remember that, after the law has spoken, humanity must have its turn. Where we see loneliness, we must end it. Where we see pain, we must ease it. Where we see fear, we must calm it. Where we see hate, we must stop it. That has been the mission of the best of us through all eternity. For as long as humankind has lived and loved, believed and doubted. It must be our mission, too. As you find your way, I ask blessings upon you. Author’s Note: I claim no originality whatsoever. Rather, the speech is the product of reading and thinking about what others have written. Among those whose ideas and words I have borrowed are: Mark Bowden, James Carville, Randall Jarrell, Edward Kennedy, Robert Federico Garcia Lorca, and Mark Twain. thehoustonlawyer.com
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OFF THE RECORD
A. Ladd’s Magic Wish to Tell Stories Comes True
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The Houston Lawyer
By Anietie Akpan
opportunity to give a TEDx Talk at the University of Houston in lyssa Ladd has had a passion for storytelling for as long as 2017. “[It] still boggles my mind to think about!” she shared. she can remember. “I’ve always loved writing,” she says, So, what is Alyssa’s process for taking an experience and pre“I wrote short stories as a kid and with friends in college.” paring it so that it may be shared with But as Alyssa embarked on her lean audience in a “storytelling” setting? gal career, her time for writing grew “I keep notes in my phone whenever I sparse. As an associate with the Corporate, think of ideas so I can come back to them Finance and Investments group at King & later,” she explains, “but by the time I sit Spalding LLP, by the time she was in her secdown to write a story, it’s been ruminatond year of practicing law, Alyssa realized she ing in my mind for weeks or months.” needed a creative outlet to balance her busy After drafting the story and then editwork life. In 2015, she began her journey as a ing it, Alyssa takes the time to work on storyteller, sharing heartfelt and funmemorization. It may be a far cry from ny tales of navigating the workplace other storytellers’ styles who “wing it” on and digital landscape through life as stage, but Alyssa prefers being as prepared a millennial young professional. as possible for her performances. “MayOne of Alyssa’s first storytelling exbe it’s [just] the lawyer part of me,” she periences was at an event sponsored laughs, “but I’m generally overprepared.” by The Moth, a non-profit group dedAlyssa’s art form has been influenced icated to the art and craft of storytellby a wide spectrum of artists, from celebing that presents theme-based storyrity “storytellers” such as Hasan Minhaj, telling events across the country. At a Houston Moth event, Alyssa shared a five- Alyssa Ladd writes and performs stories at to local artists such as Houston theater events across Houston and has won four Housminute story aptly titled, “Minimum Wage ton Story Slams with The Moth, a nonprofit dedi- playwright, Brendan Borque-Sheil, and Dusti Rhodes, a stand-up comedienne Millennial,” about having to take a minimum cated to the art of storytelling. and host of The Moth Houston events. Since beginning her stowage position at Michaels Craft Store after graduating from colrytelling journey, Alyssa has won four Houston Story Slams with lege, an experience that many millennial post-grads have shared. The Moth, which is tied for the most times anyone has won in During this story, Alyssa shared some of her difficult experiHouston. ences; namely, her interactions with neighbors who recognized Despite her gift of gab, Alyssa, ironically, chose to practice her—some of whom made snide comments and others who lifted transactional law rather than litigation. She is a corporate associher spirits. “It was a part of my past that used to embarrass me,” ate at King & Spalding, LLP where she counsels clients in mergshares Alyssa, “but these are my favorite kinds of stories to tell— ers and acquisitions and private equity investments. So, while ones that are vulnerable and relatable.” Alyssa does not flex her unique talents of storytelling in her law This particular story ended up being broadcast on over 400 practice, she dreams of one day writing material for Mindy KaNPR stations nationwide, and as a result, Alyssa received mesling, Jimmy Fallon and Ellen DeGeneres. sages from people all over the country sharing how much her story connected with their own life experiences. Since then, Alyssa continues to write and perform stories across Anietie Akpan is in-house counsel for the Metropolitan Transit the City of Houston. She also is a contributing writer for HousAuthority of Harris County (METRO). Like Alyssa, she’s a milton’s Grown-Up Storytime series. One of her proudest milestones lennial who enjoys writing as a creative outlet. She is a member in her budding storytelling career was when she was offered the of The Houston Lawyer Editorial Board. 40
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thehoustonlawyer.com
A Profile
in pro f e s s i o n a l i s m
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Stephen B. Crain Partner, Bracewell LLP
have always been proud to be part of a “profession,” but the concept of “professionalism,” imbued with its weighty significance, turns out to be difficult to describe. Most people, me included, will look toward ideals: the fictional Atticus Finch fighting for Tom Robinson or the very real Thurgood Marshall arguing Brown v. Board of Education. The reality, of course, is that we tend to play on much smaller stages and deal with issues that, while important, are assuredly far less likely to be the stuff of novels or histories. And that suggests this question: what does professionalism mean for a commercial litigator or for a corporate finance lawyer in 2019? Said another way, how do we absorb the lessons from giants and try to walk as tall as they did? The answer has several parts. But there is an element that has to do with respect: being the sort of person that others have cause to respect and respecting those of your colleagues who merit your respect. That, in turn, suggests its own question: how do we earn that respect? It does not come with our law degree. For me, it starts and perhaps finishes with the notion of honesty and, more particularly, intellectual honesty. We routinely face complex situations. Knowing that the law or the facts are not ideal, do we try to convince our audience that the law or the facts are other than we know them to be, or do we apply our skills to working the best possible solution within the confines of what we know to be true? A professional knows the answer instinctively. She tells her client the hard truths and not just what is expedient. He accepts the facts and the law as they are but fights zealously, creatively, and honestly to protect his client’s interests. That’s how a professional acts.
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committee spotlight
Communities in Schools Committee:
Celebrating 10 Years
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The Houston Lawyer
By Misty Gasiorowski
ommunities In Schools of Houston (CIS) is a local typically begin in December and wrap up by the end of March. nonprofit corporation that brings community reThe planning of enrichment activities continues into May, sources and supportive guidance to public schools, the Program transpires in June and July, and feedback is colwith the goal of empowering students to stay in lected through August. Meanwhile, the HBA/CIS Committee school and achieve in life. Since 1979, CIS has is continuously brainstorming ways to improve the Program’s grown into the largest chapter in success. In 2018, the committee the State of Texas, serving over implemented college readiness 157 schools in the Houston area. seminars, as well as a networkIn furtherance of its mission ing social for legal employers, to promote equality and inclucommittee members, and stusion in the legal profession, the dent interns at Lucky Strike. In Houston Bar Association (HBA) addition, students had lunch partnered with CIS to create the with Fifth Circuit Judge Jennifer HBA/CIS Summer Legal InternWalker Elrod, observed judicial ship Program in 2009. proceedings of Judge Vanessa As liaison between the non- tudents participating in the 2019 CIS Program at orientation on Gilmore, and participated in a June 10. profit organizations, the HBA/ lunch-n-learn discussion at MorCIS Committee supports the gan Lewis. During the Program, Program by connecting legal HBA/CIS Committee members employers with CIS students for served as coaches to prepare stueight-week paid summer interndents for mock trials presided by ships. In addition to the internJudge Debra Ibarra Mayfield and ship, students participate in enJudge Michael Gomez. richment activities such as site As we progress through anvisits, seminars, and a mock other bar year, HBA members trial. For nearly 10 years, the have every reason to be proud of Program has provided deserving the fine work that the HBA/CIS Prof. Tobin Starling of South Texas College of Law speaks to stuhigh school students from at-risk dents on the importance of diversity and inclusion at his last Committee is doing to guide and backgrounds with life-changing class before retirement. empower at-risk high school stuexperiences: life and leadership skills, an opportunity to gain dents in the Houston area. If you would like to find out more valuable work experience, exposure to the legal profession, and about the HBA/CIS program, contact Bonnie Simmons, HBA mentorship. The Program also gives students a sense of purDirector of Projects, at bonnies@hba.org or 713-759-1133. pose and hope for their future, as well as a paycheck to assist with educational and personal expenses. In 2018, over 70% of Misty Gasiorowski is a trial lawyer and shareholder at Weycer, students reportedly used wages earned through the Program to Kaplan, Pulaski & Zuber, P.C., a full service law firm with offices support their families. in Houston and Dallas. Her practice includes all types of civil litiThe HBA/CIS Committee is tasked with recruiting legal gation, with particular focus on the collection of business debts and employers; seeking out and applying for grants and funding construction disputes, including mineral and mechanic’s liens, and opportunities; developing and participating in enrichment commercial property tax appeals. She is a co-chair of the HBA/CIS activities; and, securing employer feedback. Outreach efforts Committee.
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SECTION spotlight
HBA Oil, Gas and Mineral Law Section Joins HYLA for a Night at the Museum
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By Madeline Mathews
he Houston Bar Association Oil, Gas up-tempo beats from The Blue Monks, a Housand Mineral Law (OGML) Section and ton-based jazz band, while they nibbled on delithe Houston Young Lawyers Association cious appetizers and sipped wine, beer, and cock(HYLA) joined forces to host a fall social tails provided by City Kitchen Catering. event at the Houston Museum of Natural This magical (and educational!) night was Science on November 15, 2018. made possible by sponsors Porter Hedges L.L.P., Around 125 attendees filled Blank Rome LLP, Baker Botts the Wiess Energy Hall, the muLLP, and Kirkland & Ellis LLP. seum’s newest permanent exSpecial thanks to event cohibit. The recently revamped chair Meghan McElvy, HBA Wiess Energy Hall, now in its OGML Section Officers Nicole third reincarnation, takes up Singer, Liz Klingensmith, Jasvirtually all of the fourth floor of per Mason, and Rachel Reese, the museum and allows visitors and HYLA Energy Counsel Coto experience the entire process Chairs Michael Silliman, Rob of energy exploration, developGoodin, Ryan Boutet, and Hanment, production, refining, and nah Craft. transportation, with a focus on The HBA OGML Section was Houston’s role in the energy secfounded in 1991 and has close tor. There is also a wealth of in- The Oil, Gas & Mineral Law Section joined Houston Young Lawyers to 900 members, which makes Association for a fall social event at the Houston Museum of Natural formation on alternative energy Science’s Wiess Energy Hall. it one of the HBA’s largest secsources, including renewables and nuclear fusion. tions. The Section hosts monthly CLE luncheons from SeptemHBA and HYLA members and guests participated in interacber through June yearly, as well as a fall and spring networking tive exhibits such as the “Geovator,” which allows visitors to event and a holiday brunch. travel back in time to the Cretaceous Period, and the “Eagle Ford HYLA was founded in 1937 and currently boasts over 1,700 Shale Experience,” a/k/a the “EFX 3000,” which takes viewers registered members, with expectations to rise to over 2,000 by on a virtual ride deep into the borehole of a South Texas oil well. the end of the bar year. HYLA is very active, hosting over 75 Other notable exhibits at Wiess Energy Hall include “Energy events per year, including community service projects. City,” a 2,500-square-foot 3-D landscape of Houston, and “The Unconventional Hydrocarbon Revolution,” which provides a Madeline Mathews is a business and oil and gas attorney at quick and straightforward education on how shale oil and gas Liskow & Lewis in Houston. She is a member of HYLA and have changed the U.S. energy structure. serves as a council member to the HBA Oil, Gas and Mineral Law Attendees networked, chatted with colleagues, and enjoyed Section, where she is in charge of social media. thehoustonlawyer.com
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LEGAL TRENDS
Texas Supreme Court opinion changes birth injury standard of proof
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By Robert Painter
The Houston Lawyer
have always felt that punctuation is under-appreciated. That’s probably the main reason that I am devoted to the Oxford comma. In December 2018, though, punctuation took center stage in a significant Texas Supreme Court opinion that changed the landscape for birth injury medical malpractice cases. The case is styled Texas Health Presbyterian Hospital of Denton v. D.A., No. 17-0256, 2018 WL 6713207 (Tex. Dec. 21, 2018). In a permissive interlocutory appeal, the court considered the question of whether the willful and wanton negligence standard applies to emergency care in a hospital obstetrical suite, when the patient was not admitted through a hospital emergency room.
Background facts The case arose from a labor and delivery at Texas Health Presbyterian Hospital of Denton. The mother was admitted for a routine planned induction of labor at 39 weeks gestation. After she was started on Pitocin, her labor initially looked smooth. By the time of delivery, though, the baby was not properly passing through the birth canal. The obstetrician used forceps to deliver the baby’s head, but in the pro44
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The defendant (appellant) obstetrician cess the baby’s shoulder lodged behind took the opposite approach, arguing the mother’s pelvis, a condition called that the only relevant issue was whether shoulder dystocia. Dr. Wilson tried bona fide emergency care was provided other maneuvers and ultimately reached in the obstetrical unit. In other words, into the birth canal and physically the statute did not distinguish between pulled the baby’s arm across his chest, patients who entered the obstetrical unit which knocked the baby’s shoulder out through the emergency room and those of its socket. who did not. As in many shoulder dystocia cases, The court agreed with the obstetrithis baby experienced nerve injuries to cian, ruling that the statute was unamthe brachial plexus, which was the basis biguous and that the of the parents’ lawsuit phrase “immediately against the obstetrician, I have always following the evaluation the obstetrical practice felt that punctuation or treatment of a patient group, and the hospital. is under-appreciated. in a hospital emergency The plaintiffs alleged department” only modithat the obstetrician and That’s probably the fies “surgical suite.” the hospital’s labor and main reason that delivery nurse were negFull employment for ligent during the labor I am devoted appellate lawyers and delivery, causing to the Oxford I expect that virtually their baby’s shoulder to every birth injury defenbecome dislodged. comma. dant in current or future medical malpractice cases will plead General negligence or willful and that the willful and wanton negligence wanton negligence? standard applies. Texas Civil Practice & Remedies Code Many medical malpractice lawyers Section 74.153, the emergency medicine believe that the Texas Supreme Court’s statute, elevates the standard of proof opinion created more questions than from general negligence to willful and it answered. On March 29, 2019, the wanton negligence if the claim involves court denied a motion for rehearing, in emergency medical care “in a hospital which the appellees (trial court plainemergency department or obstetrical tiffs) sought to narrow the scope of the unit or in a surgical suite immediately opinion. It will be interesting to see the following the evaluation or treatment of flurry of cases that are likely to go up on a patient in a hospital emergency departappeal all over the state to figure out the ment.” boundaries of the Texas Health PresbyteYou may have noticed that the quoted rian Hospital of Denton. portion of the statute contains no puncThis is clearly a game-changing opintuation until the end. That was signifiion that is equally lamented by plaintiffs cant in the Texas Supreme Court’s deciand patient safety advocates and celsion-making. ebrated by healthcare providers. The plaintiffs (appellees) argued that the willful and wanton negligence Robert Painter is a medical malpractice standard only applied if the emergency attorney at Painter Law Firm PLLC, obstetrical care at issue occurred “imin Houston. He is a former hospital mediately following the evaluation or administrator and is a past editor-in-chief treatment of [the] patient in a hospital of The Houston Lawyer. emergency department.”
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Media Reviews
The Early-Career Guide for Attorneys By Kerry M. Lavelle ABA Publishing, 2018 Reviewed by
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Brooksie Bonvillain Boutet
he Early-Career Guide for Attorneys walks young lawyers through landing a first-year associate position in a variety of practice areas and helps them transition into practice. While some of the advice may seem basic—even thinking back to what I knew (or thought I knew) when I started law school—as a first-generation attorney, The Guide would have been an immensely helpful tool from day one of entering my legal education. One of my favorite law professors always cautioned: “Don’t lose the forest for the trees.” As law students often lose the overall concept of a course while fixating on the minute exception to the exception when cramming for an exam, young attorneys often need support in planning a long-term career in the law past today’s filing deadline. The Guide addresses navigating office politics; managing deadlines and expectations; and best practices, all while striving to be a well-rounded, engaged young attorney. These topics can be difficult to raise with senior colleagues, and The Guide steps in to offer advice
for some of the questions a young lawyer may not want to ask of a superior or mentor. It even addresses networking, marketing, and the daunting expectation of “bringing in business,” which are frequent topics of conversation at young lawyer gatherings. From a practical perspective, The Guide is complete with an Appendix of forms, including substantive, practicespecific checklists for client meetings, court appearances, and drafting documents. The Guide concludes with the following passage that I hope we all consider when setting out to mold our life’s work and continue our profession. If you do not read the entire book, I do encourage you to at least reflect upon this excerpt: You are embarking on something far bigger and more important than a job. This is a career in one of the greatest and oldest professions in our country—being a lawyer and fighting for our clients’ rights. Please do not take it as a job... Leave behind a body of work that will be remembered by clients and peers alike... When the time comes, you will not only teach a new apprentice the law, but you will be sought out to teach the next generation of lawyers. Let that be your story. Brooksie Bonvillain Boutet is a senior associate at Terry Bryant PLLC. She is a member of The Houston Lawyer editorial board.
Ticker: The Quest to Create an Artificial Heart
By Mimi Swartz Crown, a Penguin Random House Division
A
Reviewed by Steve Wisch
bout 26 million Americans suffer from heart disease. For the most severely afflicted, a heart transplant is the preferred treatment, despite costs that may exceed $1 million, but only about 2,500 donor hearts are available, though 50,000 people are on waiting lists. “In other words, there are twenty times more losers than winners,” writes Mimi Swartz, an executive editor for Texas Monthly and a two-time winner of the National Magazine Award, in Ticker: The Quest to Create an Artificial Heart, a compelling, tautly-written narrative of the efforts of an eclectic group of doctors and engineers to develop a totally-artificial heart. Substantially set in Houston’s Texas Medical Center, Ticker details the rivalry between Dr. Michael DeBakey and Dr. Denton Coolely, and their respective institutions, Baylor College of Medicine and the Texas Heart Institute. thehoustonlawyer.com
May/June 2019
45
Media Reviews
The characters come alive in this nection of a patient to an artificial heart book. Besides DeBakey and Cooley (each in 1969, to the saga of Barney Clark, who worth his own biography), readers are lived for a record 112 days after being also introduced to Dr. Oscar H. “Bud” implanted with a Jarvik-7 artificial heart Frazier, one of the world’s leading heart by the University of Utah’s Dr. William transplant surgeons. As part of his trainDeVries in 1982, Swartz provides a fasing as a medical student, Frazier, under cinating detailed account of the progresthe supervision of Dr. sion of innovative carSubstantially set DeBakey, attempted to diac surgery. stimulate a 17-year-old The latest efforts in in Houston’s Texas boy’s heartbeat by way this journey, as Swartz Medical Center, of massaging his heart describes in Ticker, are during an open-heart being led by Dr. DanTicker details the surgery procedure. Fraiel Timms of Australia, rivalry between zier labored prodigiouswho has developed a ly, massaging the boy’s Dr. Michael DeBakey pulseless magneticallyheart until his fingers and Dr. Denton Coolely, powered artificial heart cramped. Dr. DeBakey, called the “BiVACOR.” and their respective realizing the task was BiVACOR is now inhopeless, halted the procorporated and headinstitutions, cedure. Frazier however, quartered in Houston, Baylor College was inspired by this exbacked by prominent perience, and sparked Houstonians, including of Medicine and his interest in creating a Jim “Mattress Mack” the Texas Heart machine that could perMcIngvale. It remains form the functions of a dedicated to developing Institute. heart: an artificial heart. a totally artificial heart “As it turned out,” Swartz writes, “the that, if successful, will revolutionize the episode would change everything for treatment of cardiac failure and perhaps Bud. If the simple pumping action of transform tens of thousands of critically the hand could keep someone alive, he ill patients from “losers” to winners. figured, there should be some kind of machine that could do it longer and betSteve Wisch is a Houston lawyer and ter. It would have to be something a tech former newspaper reporter. could pull off the shelf and a surgeon could implant, a machine that would run almost perpetually inside a human chest. An artificial heart.” Throughout his career of more than 50 years, Dr. Frazier has been a moving force behind the drive for an artificial heart, yet to be realized. In lucid prose, Swartz recounts the milestones involving the larger-than-life surgeons who populate this dynamic corner of cutting-edge medical research. From South African Dr. Christian Barnard’s first successful heart transplant in 1967, to Dr. Cooley’s first successful con-
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