THL_MayJune_2012

Local Heroes New Coalition Provides Legal Services to Veterans in 14-County Area HBA Members Volunteer with Children of All Ages on Family Day of Service Fourth Harris County Bench Bar Pro Bono Awards Law Week 2012 27th John J. Eikenburg Law Week Fun Run

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THE HOUSTON

inside...

Volume 49 – Number 6

May/June 2012

HBA Volunteers Keep Wheels of Service Turning

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contents Volume 49 Number 6

May/June 2012

10

20

FEATURES

10 Local Heroes Coalition Provides 20 New Legal Services to Veterans in 14-County Area

Members 22 HBA Volunteer with Children of All Ages on Family Day of Service

Harris County Bench 24 Fourth Bar Pro Bono Awards

22

24

Courts, No Justice, 26 ‘No No Freedom’ Law Week Highlights Importance of Courts

Place: 27 First Houston Bar Association Law Day Essay Contest

in 28 Students 100 Elementary Schools Learn About Law

The Houston Lawyer

28

31

John J. Eikenburg 31 27th Law Week Fun Run Tops $1 Million

The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonTHLy by The Houston Bar Association, 1300 First City Tower, 1001 Fannin St., Houston, TX 77002-6715.

Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1300 First City Tower, 1001 Fannin, 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, 2012. All rights reserved.

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May/June 2012

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contents Volume 49 Number 6

May/June 2012

348

34

departments Message 6 President’s Fulfilling Our Mission

By Denise Scofield the Editor 8 From It’s a Wrap

By Tamara Stiner Toomer Spotlight 34 Committee HBA Habitat for Humanity

Committee Builds 15th Home

By Sharon D. Cammack

37

38

Profile in Professionalism 37 AJack McConn Trial Lawyer and Former President of the Houston Bar Association Record 38 OffJudytheNey:

Teaching Customs to Students Also a Learning Experience

By Farrah Martinez

Trends 39 Legal Future of Texas Open Beaches

Act Clouded by Supreme Court Decision

By Val Perkins

The Texas Supreme Court’s Emphasis on Private Property Rights Continues

By Val Perkins Media Reviews 42 Raising the Bar: The Crucial

Role of the Lawyer in Society Reviewed by Robert W. Painter

Typography for Lawyers: Essential Tools for Polished & Persuasive Documents Reviewed by Sammy Ford IV

The Houston Lawyer

Cover: The poster used for the creation of our cover was created by Halle Brazda of The Kinkaid School and is the winning poster in the 4th-8th grade category in the HBA Law Week Poster Contest and the State Bar of Texas Law Day Poster Contest 4

May/June 2012

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44 Placement Service 45 Litigation MarketPlace

president’s message

By Denise Scofield Morgan, Lewis & Bockius LLP

Fulfilling Our Mission

The Houston Lawyer

T

he Houston Bar Association’s • The Juvenile Justice Mock Trial Promission is to serve the comgram taught 1,400 8th graders about munity and the profession. our justice system.

In furtherance of this mis• Our Law Week programs reached sion, the 2011-12 bar year over 8,600 youth in Harris County. was a busy and successful • Volunteers answered 6,400 calls to one for the HBA and its three ancillary our LegalLine program. organizations—the Houston Volunteer Lawyers Program, the Houston Lawyer By my count, through these commuReferral Service and the Dispute Resolunity service programs alone, we touched tion Center. over 50,400 Housto“By my count, Our members directly nians, many of them through these community touched the community children. And that does in many ways through service programs alone, we not include the lives we their HBA service over improved though our touched over 50,400 the course of this past donations of books, Houstonians, many of year, including (but not clothing, household them children. And that limited to!): items, diapers, and does not include the lives • HBA members read cash, including for we improved though to over 7,800 eleinstance, our annual mentary school chilcontributions to The our donations of books, dren about the Con- clothing, household items...” Center and Habitat for stitution.

Humanity.

• Members of the Speakers Bureau Nor does it include the lives we’ve made 180 speeches, reaching 8,400 changed through our provision of advice people. and counsel and legal services on a pro • The IDEA program reached 3,200 bono basis to the residents of Houston: fifth graders in 9 Houston school • The Houston Volunteer Lawyers districts through an interactive diaProgram served 39,000 people and logue on the legal and medical conplaced 1,544 pro bono cases in 2011. sequences of drug and alcohol abuse.

• Our new HVLP executive director, • 5,000 high school seniors and adults Alissa Rubin, is well on her way to participated in presentations on the enhancing the pro bono experience Importance of Jury Service. both for our clients and our volun• 300 high school students learned teer lawyers. about Voir Dire this past fall.

• Under the steady guidance of long• 2,800 youth and their parents partictime executive director Nick Hall, ipated in the Juvenile Consequences the Dispute Resolution Center conProgram. ducted 3,000 mediations in 2011 6

May/June 2012

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and provided information and referral services to 48,000 people.

In addition to serving the community, we enjoyed successes this year in our service to the profession as well, the second arm of our mission: • The Houston Lawyer’s editorial board published six well-received magazines on issues of professional and personal interest.

• The Continuing Legal Education Program provided 360 hours of free CLE. • The Senior Lawyers Committee hosted seven well-attended events, bringing together lawyers of all ages to address a wide range of topics.

• We hosted our Criminal and Appellate Bench Bar Conference at the 1910 Courthouse and had recordbreaking attendance and a terrific program.

• The Gender Fairness Committee partnered with the Association of Women Attorneys to promote a first-of-its-kind boot camp for young women lawyers and hosted three well-attended Networking Luncheons.

• The Harvest Party was a resounding success and provided another opportunity for our members to come together and visit. Similarly, the Golf Tournament, which we had considered sunsetting in recent years, enjoyed a revival and brought together members of the bar and the judiciary for a great day out at Memorial Park.

Finally, our Family Day of Service really fulfilled both arms of our mission.

We served the community in 10 different locations and served our members by giving them an opportunity to share the importance of volunteerism with the children in their lives.

So thank you to each of you for what you contributed over this past year and for giving me the opportunity to lead this great organization. Thank you also to the real heart and soul of the HBA, Kay Sim. You all already know this, but being executive director of the HBA is not a job to Kay—it is a calling, and Kay continually inspires board members, volunteers, and her staff to do more and to do it better.

Thank you as well to Tara Shockley, Ashley Steininger, Lucy Fisher and Ron Riojas, as well as our other terrific staff members, who are our ambassadors within the community and the profession and who make the Houston bar look as good as it is. We couldn’t be more fortunate.

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May/June 2012

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from the editor

By Tamara Stiner Toomer McGuireWoods LLP

Associate Editors

Julie Barry Attorney at Law

Keri Brown Baker Botts L.L.P.

Angela L. Dixon Attorney at Law

The Houston Lawyer

Robert W. Painter Painter Law Firm PLLC

Don Rogers Harris County District Attorney’s Office

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May/June 2012

I

It’s a Wrap

t’s that time of year again for The Houston Lawyer’s late friend by arranging for inner city youth to travel to signature volunteerism issue, which signals the Israel to experience life outside of Houston’s 18th Conend of another great bar term and my tenure as the gressional District. These individuals are nothing short editor in chief. (I hope your excitement is for the of inspiring and prove that a little bit of someone’s time former and not the latter.) While I am proud of evcan go a very long way. ery THL issue this bar term, I am particularly fond Given the topic of this special issue, it is only fitting of the volunteerism issue because it highlights the rethat I thank the members of THL’s editorial board who markable work are volunteers Houston atthemselves and torneys do in who gave selfthe community lessly of their without the time this bar expectation of term to continbeing paid for ue the long tratheir time or dition of makrecognized for ing THL one of their efforts. the leading bar These individujournals in the als simply volnation. It made unteer in the my job that The 2011-2012 Editorial Board of The Houston Lawyer: first row from left, Keri Brown, spirit of helpmuch easier ing someone associate editor; Tamara Stiner Toomer, editor in chief; Julie Barry, associate editor. Back to work alongrow, from left: Angela Dixon, associate editor; Farah Martinez; John Gray, immediate past in need and editor; Robert Painter, associate editor; Judy Ney; Don Rogers, associate editor; Al Harrison; side a group because it is Sammy Ford IV; Sharon Cammack; Gary Wiener; and Polly Graham. Not pictured: Nick of dedicated, something we Nicholas, Benjamin Sanchez, N. Jill Yaziji and Joy Sanders. hard-working all should strive to do—give back a little of our time individuals who worked around the clock to make to positively impact the lives of others. I wish we had sure every “i” was dotted and every “t” was crossed. Of enough space in this issue to recognize all those in the course, none of THL’s issues would be possible without Houston Bar community who volunteer their time and Tara Shockley whose job in keeping a bunch of attorresources to help others. However, it is with pleasure neys focused on one thing at a time was akin to herdthat we profile a handful of these remarkable individuing cats. I also want to thank Julie Barry for her role als whose dedication and commitment to others emas guest editor of this issue of THL. Julie not only did body the true spirit of volunteerism. a superb job in shepherding the articles, but authored Our profiled volunteers run the gamut: from an assisseveral of them as well. Finally, it has been a great honor tant district attorney whose love of basketball led her to to serve as the editor in chief of THL for the 2011-2012 volunteer as a young girls’ basketball coach to a couple bar term. I enjoyed my time at the helm, but as with all whose work in the community is equally as beneficial to good things, it must come to an end. I officially pass them as it is to those they serve. One of our volunteers the traditional Red Pen of Office to Keri Brown, THL’s shows us the difference a bed will make, while another editor in chief for the upcoming bar term, and I look one teaches us that volunteering does not have to stop forward to reading what is published under her tenure. at the U.S. border. Rounding out the list, we look at the As always, I hope you enjoy reading this issue. That’s dedication of a friend who carries out the vision of his all folks! thehoustonlawyer.com

BOARD OF DIRECTORS President

Secretary

Denise Scofield

Alistair B. Dawson

President-Elect

Treasurer

Brent Benoit

David A. Chaumette

First Vice President

Past President

Laura Gibson

T. Mark Kelly

Second Vice President

M. Carter Crow

DIRECTORS (2010-2012)

Benny Agosto, Jr. Warren W. Harris

Todd M. Frankfort John Spiller

Hon. David O. Fraga Neil D. Kelly

DIRECTORS (2011-2013) Jennifer Hasley Daniella D. Landers

editorial staff Editor in Chief

Tamara Stiner Toomer Associate Editors

Julie Barry Angela L. Dixon Don Rogers

Keri D. Brown Robert W. Painter

Sharon D. Cammack Don D. Ford III Sammy Ford IV Polly Graham John S. Gray Al Harrison Farrah Martinez Judy L. Ney Edward J. (Nick) Nicholas Caroline C. Pace Benjamin K. Sanchez Joy E. Sanders Hannah Sibiski Gary A. Wiener N. Jill Yaziji

Editorial Board

Managing Editor

Tara Shockley

HBA office staff Membership and Technology Services Director

Executive Director

Kay Sim Administrative Assistant

Ronald Riojas

Ashley G. Steininger

Membership Assistant

Administrative Assistant

Bonnie Simmons

Ariana Ochoa

Receptionist/Resource Secretary

Committees & Events Director

Lucia Valdez

Claire Nelson

Director of Education

Lucy Fisher

Communications Director

Continuing Legal Education Assistant

Tara Shockley

Amelia Burt Community Education Assistant

Communications/ Web Designer

Natasha Williams

Brooke Benefield

Advertising sales Design & production QUANTUM/SUR

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Leonel E. Mejía Production Manager

Marta M. Mejía Advertising

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May/June 2012

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Local

Heroes Volunteering is a way of life for many HBA members. They help children, the elderly, the displaced, the downtrodden.

Some provide their legal expertise; some provide a helping hand in other areas. They spend countless hours working to better their communities. The HBA members profiled here represent a small sampling of the diverse volunteer efforts of lawyers in our city. They improve the profession, enrich their own lives, and empower the lives of others.

J. Kent Friedman A Man for All Seasons

By Julie Barry

Kenny and Dr. Ann Friedman

W

hen the late Houston Congressman George Thomas “Mickey” Leland traveled to Israel in 1979, the seeds of a mission were planted. Inspired by his trip, the Congressman dreamed of establishing a foundation that would sponsor inner city teenagers from his beloved 18th Congressional District to make a similar journey, allowing them to broaden their understanding of the world and of themselves.

His dream became a reality in 1980 and has continued to thrive after his death, thanks in large part to his close friend, J. Kent Friedman. To honor the vision of the Congressman, who died tragically on a hunger mission to Ethiopia in 1989, Kenny Friedman helped establish the Mickey Leland Kibbutzim Internship program in 1980 and has worked tirelessly to maintain the program for over 30 years.

To date, the program has enabled more than 300 high school juniors from Mickey Leland’s district to participate in the Israel internship. While in Israel, the interns experience life on one of Israel’s kibbutzim, collective communities that traditionally served as cooperative farms but now also serve as manufacturing facilities. The students also volunteer at the Leo Baeck Education Center and have firsthand experiences of life in Israel. For a number of these students, the trip is their first journey outside of Texas, let alone the United States. Many of these students go on to become leaders of diversity and interfaith dialogue on their college campuses. And what better person to serve as a

role model for these young people than Kenny Friedman, who has distinguished himself in the Houston community throughout the years as a civic leader dedicated to promoting tolerance, education and understanding among Houston’s diverse interest groups.

In addition to the Leland Internship program, Kenny has served as a member of the Board of Regents of Texas Southern University; as co-chair of the Greater Houston Inner City Games; and as chair of the Community Relations Council of the Jewish Federation of Greater Houston. He also has served on the boards of the Houston Area Women’s Center, Houston Interfaith Ministries, the Anti-Defamation League, Houston Proud and the Leo Baeck Foundation, as well as many other organizations. His accolades are similarly numerous. In 1999, the Houston Bar Association Auxiliary awarded Kenny with the Leon Jaworski Award, given annually to a member of the Houston Bar Association deemed to have made the most significant contribution to Houston’s civic and cultural life. The American Jewish Committee awarded him with the Max Nathan Award, given to a member of the Jewish community who has succeeded in strengthening and building bridges to the larger Houston community. Recently, Kenny became the first recipient of the Joe Niekro Foundation Humanitarian Award for his outstanding commitment and contributions to the Houston community.

Kenny Friedman’s admirers are as numerous and diverse as his community endeavors. City Council Member Ellen Cohen met Kenny Friedman while she was executive director of the Southwest Region of the American Jewish Committee, one of the oldest human rights organizations in the United States. During her tenure, Kenny served as president of the organization in 1982 and 1983. “If you ever want to learn about how to be respectful of people of all persuasions, you need to sit in a room with Kenny Friedman and watch and listen to how he interacts with others,” explains Council Member Cohen. “When you think of diversity, you immediately think of ethnic diversity first and then religious. But there is also political diversity. Kenny can be in a room full

of leaders from completely diverse political backgrounds, and he will in my opinion have the respect and admiration of everyone in the room. He is considered extraordinarily fair and open to listening to all ideas. Everyone always walks away from these meetings with a deeper understanding of, and respect for, the other person’s view.”

Certainly Kenny Friedman’s background had some influence on his views of bridging the barriers of diversity, having been raised in Biloxi, Mississippi. But Kenny attributes his involvement in what he terms as “just causes” to his parents. “They were very involved in community and civic affairs, from both serving on the School Board to heading the local synagogue. But, more importantly, they were kind souls, who cared about others,” explains Friedman. “There was never a Jewish holiday in our home when we did not have several service men stationed at Keesler Air Force Base join us for the meal.

They were away from home, and my parents reached out to make them feel welcome.”

Kenny claims that he never once experienced any anti-Semitism while growing up.

“When I was in high school, I was elected president of the Mississippi Association of Student Councils, and my relatives outside of the South were astonished that such a thing could happen; but it felt perfectly normal to me,” he remembers. While anti-Semitism may not have been at the forefront of Kenny Friedman’s childhood experiences, the realities of a segregated South were. He recalls one day when he was about seven years old that his housekeeper, Rosie Lee, who was black, was to deliver him downtown to his parents’ clothing store. When the two companions boarded the bus, the driver would not let Rosie Lee sit in the front of the bus with Kenny, nor Kenny in the back of the bus with her. So, Kenny insisted that they disembark and walk the six miles to downtown. In the scheme of history, the incident was a small gesture, but nevertheless a grand statement at the time for a seven-year-old living in Biloxi.

Kenny Friedman has always enjoyed “rocking the bus,” so to speak. Last year, he and his wife, Ann, gathered together a group of their friends of differing religious and eth-

nic backgrounds and served as their tour guides through Israel. One of the highlights of the trip for Kenny was the evening he led a discussion group among them, which he dubbed, “everything you always wanted to know about each other’s religion, but were afraid to ask.” Admittedly, there were a few tense moments during the discussion, but as always, everyone in the group came away with a keener insight into the others’ beliefs.

Friedman’s professional life has been as diverse and pioneering as his community endeavors. After Kenny received his law degree from Tulane University and his L.L.M. in taxation from Boston University, he practiced law at Butler, Binion, Rice, Cook & Knapp from 1968 to 1982. Then, in 1982, when it was quite unfashionable to mutiny a large law firm, Kenny joined his friends in forming Mayor, Day & Caldwell, where he served as managing partner until 1992.

During Mayor Bob Lanier’s terms in office, Kenny served as Trustee of the Mayor’s blind trust and managed his business interests.

Since 2000, he has served as General Counsel to MAXXAM Inc. In 2010, Friedman joined the Corporate and Public Law Practice Groups at Haynes and Boone, LLP, where he currently practices. He also currently serves as chairman of the board of the Harris County-Houston Sports Authority.

Married to Dr. Ann Friedman, Kenny is the proud father of Beth, Alison, Brent, Andrew and Ryan. With one son, Ryan, still at home, Kenny’s life could not be more filled or fulfilling. Kenny Friedman has devoted a lifetime to Houston’s legal community, Jewish community and the community at large. In the process, he has helped others gain a better understanding of their differing views with a quiet and patient demeanor, a thoughtful mind, and sense of compassion and respect for all individuals.

Julie Barry, attorney at law, focuses on U.S. and international commercial transactional matters. She is an associate editor for The Houston Lawyer.

For more information about the Mickey Leland Kibbutzim Internship Program, visit mickeylelandkibbutzim.org. thehoustonlawyer.com

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Richard and Elizabeth Husseini

Making a Difference in More Ways than One

By Keri D. Brown

Elizabeth and Richard Husseini

R

ichard and Elizabeth Husseini lead busy day-to-day lives—Richard recently became chair of the firmwide Tax Department at Baker Botts L.L.P., and Elizabeth is a former Baker Botts corporate partner who now spends her days raising their growing family. Yet Richard and Elizabeth set aside time to volunteer for a variety of charitable and educational organizations throughout Texas.

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Richard serves on the Board of Trustees of his alma mater the University of Dallas, a Catholic liberal arts university. Richard sits on the Executive Committee and chairs the University Affairs Committee, in addition to his alumni activities. Richard is a proud graduate of UD, and passionate advocate for its core curriculum dedicated to preserving the Western Judeo-Christian intellectual tradition.

Here in Houston, Richard is a trustee of Houston Grand Opera and serves on opera committees for trusteeship, for patrons and for corporate involvement. Richard and Elizabeth are longtime opera buffs and became engaged after the 1999 HGO performance of Mozart’s Don Giovanni. They are consistent supporters of HGO’s Young Artist Studio program and are members of the HGO Leadership Council.

Richard is a founding member of the St. Thomas More Society of Galveston-Houston, a Catholic legal ethics group that includes attorneys, judges and law students.

Richard is the immediate past president of the Society and currently sits on its board

of directors. The St. Thomas More Society educates members of the bar on legal ethics issues informed by the Catholic faith.

Elizabeth also is an active community volunteer, most notably with the Board of Directors of Catholic Charities of the Archdiocese of Galveston-Houston. Elizabeth is a member of the Executive Committee and the Legal Committee, as well as chair of the Development Committee. She is a founding member of Young Professionals for Catholic Charities. Many HBA members know Catholic Charities for its work providing legal services to immigrants; however, the work of Catholic Charities is much broader and encompasses many program areas, such as adoption assistance, assistance to senior citizens, housing assistance, disaster assistance and an AIDS ministry. Catholic Charities is an organization of people of faith helping people in need achieve self-sufficiency. It provides culturally sensitive social services without regard to race, religion or socioeconomic status.

Additionally, Elizabeth is known for her

work on the board of directors of Preservation Houston (formerly known as the Greater Houston Preservation Alliance), Houston’s local partner for the National Trust for Historic Preservation. Preservation Houston promotes the preservation and appreciation of Houston’s architectural and cultural historic resources through education, advocacy and committed action, thereby creating economic value and developing a stronger sense of community.

Elizabeth also is an active member of the Junior League of Houston. Several days a month, you can find Elizabeth volunteering at the Junior League Tea Room and helping to raise funds to support the various JLH community projects.

Richard and Elizabeth are active parishioners at the Co-Cathedral of the Sacred Heart, and Richard sits on the Parish Council. In addition, they are active supporters of various Catholic causes in our community, including Holy Cross Chapel and the Equestrian Order of the Holy Sepulchre of Jerusalem.

The intangible benefits that Richard and

Elizabeth receive for their charitable works are just as strong as the benefits that each of the organizations receives. As Richard notes, “Volunteering is a win-win for us.

Through our leadership and participation in a variety of organizations, we not only work to improve our community but also to develop our own potential as individuals. Elizabeth and I are better people for having stepped out of our comfort zones to understand the life struggles others face. We are also better lawyers for having developed the strategic thinking, conflict resolution and advocacy skills required of a non-profit board member.”

Richard and Elizabeth encourage all members of the bar to become active volunteers in their community to achieve the same personal satisfaction they have achieved through helping others.

Keri D. Brown is articles editor of The Houston Lawyer and a Senior Associate in the Private Client Services section at Baker Botts L.L.P., where she handles tax litigation and controversy work.

Michael Jones

Going Above and Beyond for a Family

By Shawn M. Bates

Michael Jones and his family

As the parties approached the bench for the final hearing on the adoption, the judge looked down and asked just one question of the ad litem: “Do the children have separate beds?” The ad litem answered, “Yes, your Honor. That issue has been resolved.”

And with that, the adoption was granted, and a new family created

M

ichael Jones, an associate at Schwartz, Junell, Greenberg & Oathout LLP, is no stranger to

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13

volunteering his time to the community.

During high school, Michael spent six months becoming a certified EMT so that he could volunteer with his town’s all-volunteer (and only) first aid squad in Franklin Lakes, New Jersey. Michael volunteered as an EMT for six years, continuing through high school and while on holidays and breaks from college. Since becoming licensed as a Texas attorney and beginning his practice in Houston in 2010, Michael has continued that tradi-

tion. In keeping with Michael’s core beliefs that we should all give back to our community, he has volunteered for LegalLine and has participated in many of the HBA’s Houston Volunteer Lawyers Program’s Saturday legal clinics. Michael’s dedication is echoed by his firm’s commitment to community service. (Schwartz Junell received the Houston Bar Foundation’s 2011 Award for Best Contribution by a Small Firm to the Houston Volunteer Lawyer’s Program; in 2011, the firm of 29

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lawyers committed over 345 hours of pro bono service.)

But perhaps the most life-changing volunteer experience for Michael occurred when he took a modification of conservatorship case from HVLP in February 2011.

Once Michael took the case and began to investigate, he realized that his clients really needed an adoption. Initially, this presented a dilemma for Michael since HVLP does not generally handle adoption cases because of the costs involved.

However, Michael and his firm committed to helping the family. He discussed the matter with HVLP, and HVLP agreed to allow Michael to handle the adoption once the family raised the required ad litem fees. The family was, of course, very excited. But in the legal field, things rarely go exactly as planned. The pre-adoption social study by the Harris County Domestic Relations Office (HCDRO) came back favorable to Michael’s clients, but noted concerns because the child seeking to be adopted, a boy, shared a bed with his older sister. The family could not afford gary 13710

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another bed, and so the two children were going to have to share.

Anticipating that this could present a fatal problem down the road—from reading the social study, it seemed very likely that the HCDRO would not recommend approval of the adoption unless the boy and his sister had separate beds—and knowing the family had gone through great lengths to raise the ad litem fees, Michael pulled out all the stops. He obtained the donation, delivery and set up of two full bed sets from Southwest Mattress in November 2011. The adoption was granted after a hearing on February 29, 2012.

Michael notes that the “overwhelming gratitude” expressed by his clients once again confirmed for him that all of us, as lawyers, should give something back to those that have less.

A

Akilah Mance

kilah Mance, a Harris County assistant district attorney, grew up in a basketball family and acquired a passion for the sport at a very young age.

Her father, Eric Mance, retired as head boy’s basketball coach at Martin Luther King High School in Lithonia, Georgia in 2009 after attaining over 500 wins during his 35-year coaching career. Her brother, Omar Mance, currently works as assistant men’s basketball coach at the United States Military Academy at West Point.

A Basketball Star Paying it Forward

By Don Rogers

Akilah Mance coaches the YMCA Heat

Shawn Bates is Of Counsel at Schwartz, Junell, Greenberg & Oathout LLP, where he litigates complex commercial trials and arbitrations for energy sector companies.

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Akilah herself played basketball through high school, and later played intramural basketball at several universities she attended, including Rice University, where she obtained her bachelor’s degree in 2005; the University of Georgia, where she obtained her doctor of jurisprudence degree in 2008; and Oxford University in England, where she studied through a cooperative program during her last semester of law school.

Akilah, who started working for the Harris County District Attorney’s Office in November 2008 and currently serves as chief prosecutor in County Criminal Court at Law Number Three of Harris County, has volunteered with various service organizations and at her church for most of her life. She particularly likes working with children. After she returned to Houston to work, her love of basketball led her to volunteer as a girls’ basketball coach at an after-school program at the Stella Link YMCA, and she recently coached a team of eight 11-to-13-year-old girls there during the 2011-2012 season.

“I have always enjoyed coaching young basketball players,” she said, “so when I relocated to Houston again, I wanted to get involved in the same way. It’s exciting to see players grow in their skills over the course of a season, and I am even more pleased when I see the game of basketball teach young people life lessons about discipline, hard work, confidence, and the competitive spirit.”

Akilah also volunteers in many activities unrelated to basketball. Among others, she is a member of the Rice Alumni Volunteers for Admissions, and, since 2006, frequently assists the university’s admissions department during the fall and spring semesters by attending college fairs and interviewing prospective students for recruitment purposes. She is a member of the Association of Rice University Black Alumni as well, and helps students and alumni in various ways through that organization’s activities.

Akilah also regularly volunteers to serve as a moot court and mock trial judge at Texas Southern University’s Thurgood 16

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Marshall School of Law because she finds it exciting to help future lawyers hone their advocacy skills, and enjoys sharing with them her experiences as a prosecutor.

The school’s Board of Advocates recently named her Judge of the Year as a result of her volunteer activities there during the past year.

Of her volunteer activities, Akilah says: “I know that I am only where I am today because someone in my position many years ago thought it was important to volunteer their time with a girl like me.

I really enjoy volunteering and I feel as though I am simply giving back all the support, advice and knowledge that other volunteers gave to me throughout my life.

When I participate in a volunteer project, I always come away with so much more than I have given. At the end of the day, I volunteer because I’ve always believed that if I can help one person on my journey in life, then my life is not in vain.”

Don Rogers is an assistant district attorney with the Harris County District Attorney’s Office, and an associate editor of The Houston Lawyer. He received his J.D. and LL.M. degrees from the University of Houston, and is board certified in Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization.

Joyce Margarce A Sisterly Bond

By Angela L. Dixon

Joyce Margarce and Justine

S

ix years ago, Joyce Margarce made a decision to not only make a difference in someone else’s life, but in

the process changed her own as well. “I became a big sister with Big Brothers Big Sisters because I was intrigued and wanted to help,” Joyce said. “My little sister Justine was nine years old when we met, and over the years she has taught me so much about trust, caring, another side of life in Houston and challenges in inner city schools. We are from different cultures and backgrounds, but now we share a special bond.” Joyce said Justine keeps her young and active as well.

In the beginning, Justine was very shy and a very picky eater. “She pretty much liked to eat only pizza and hamburgers,” Joyce said. “And mostly pepperoni pizza.”

Just before Christmas, Joyce decided to take her little sister to Olive Garden to see if she would eat something other than pizza. After they put in their order and got their drinks, they just sat and talked with each other. All of a sudden, Justine burst into tears. Up to that point, Justine had not really shared much and the trust was slow to come. Joyce was surprised by the tears and moved to the other side of the booth to put her arm around Justine and offer some comfort. It was then that Justine shared that her dad had gotten into some trouble and would be gone for a few months. Justine was devastated, and Joyce’s heart was breaking to see her little sister in such distress. However, that was when a beautiful friendship started to blossom.

Through shared tears, the trust began to grow, and a lasting friendship was formed.

Now, Justine shares her dreams and goals with Joyce. “Justine wants to be a chef,” she said. “I asked her if she would forget about me when she became a famous chef.

She looked at me and said, ‘No, you can come live with me.’” Joyce said she will never forget how those words made her feel. “Sometimes you never know the effect you are having on a person but for her to want me in her life long term is something special.”

Nowadays, you can find Joyce and Justine doing volunteer work together. “I wanted to make sure she knows the importance of giving back,” Joyce said. On

one occasion, Joyce gave Justine the option to volunteer or go on a fun outing to the movies or out to eat, and Justine chose the service work. The pair volunteered at the Star of Hope working side by side serving food to the shelter’s residents. “Justine served vegetables and salad and the funny thing is that she dislikes them,” Joyce said.

“The first few plates she only put a tiny bit of salad on the plate. We had to help her give bigger portions and remind her that other people like salad,” Joyce laughed. “I am hoping Justine will continue the role of service she is learning through me.”

Joyce is also proud of the fact that Justine has been doing consistently well in school since they have been matched.

“Initially, she was having some difficulties with school, but now she is always excited to tell me about her progress and grades,” Joyce said.

Joyce is a strong supporter of Big Brothers Big Sisters and notes that there is a need for volunteers, especially male. “There are hundreds of boys on the waiting list hoping to have a big brother, just someone

they can look up to and hang out with,” she said. Joyce said that all it takes is a little time, and it is worth every minute of it. The agency has community-based and school-based programs, so there is something that can work for everyone.

While Joyce is an involved Big Sister, she also finds time to help with several other organizations. In January, Joyce and several church members from the Church in the Center traveled to Guatemala with Stepstones Ministries International where their motto is to give people “a step up.”

The members helped to build two homes for widowed mothers and their children.

“On our first full day in Guatemala, we had children’s church which involved a lot of playing, hitting balloons, and relay races,” Joyce said. “We taught the children a bible story by acting it out, and I was also able to pick coffee beans one afternoon to help out a local coffee grower.” Joyce said despite the poor conditions, the people really had a sense of community.

Joyce also serves as an advisory board member of the local chapter of the Com-

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passionate Friends organization. The Compassionate Friends offers comfort and grief support following the death of a child. Joyce lost her daughter Jessica when she was 15 in an automobile accident, so the organization is near and dear to her heart. Joyce founded the Katy Chapter of Compassionate Friends in 1998 with another group of bereaved parents. Joyce has served on the National Board of Directors for four years. When not volunteering, Joyce is busy with her own law firm practicing civil litigation and mediation.

Angela L. Dixon is the owner of the Law Office of Angela L. Dixon, and an associate editor for The Houston Lawyer.

Angela is also the Big Sister who introduced Joyce to Big Brothers Big Sisters.

Emma Mata

Helping Provide a Better Life to Child Immigrants

By Julie Barry

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Emma Mata, far right, with children from KIND

W

ith two young children of her own, and being the youngest of five children herself, Emma Mata has a great appreciation for a safe family environment for children. This compassion has led Emma, a commercial litigation attorney at Seyfarth Shaw LLP, to devote much of her time to Kids in Need of Defense (“KIND�), helping undocumented children obtain legal status in the United States with loving family members.

Each year, approximately 8,000 children arrive in this country without a parent or legal guardian accompanying them.

Many of these children are fleeing abuse and violence in their home countries.

Upon their arrival, the children often are taken into custody by the federal government to face immigration and removal proceedings. Without the legal assistance offered by organizations such as KIND, these children would go through deportation proceedings alone, without legal representation. KIND partners with law firms and corporate legal departments in providing pro bono legal assistance to these children. As a result of the assistance provided by lawyers volunteering for KIND, many of these children obtain legal status with relatives in this country.

Children who are found ineligible to remain in the United States are returned to their home countries, often without family members to care for them. With this dilemma in mind, KIND started a pilot program in Guatemala to help these children going through the re-entry process to obtain the basic necessities for life.

For two and half years, Emma Mata has been working with KIND to assist children in maneuvering through the immigration process. She currently is handling a deportation proceeding for a

young teenage boy from El Salvador who was abandoned by his father as a baby.

His mother, unable to support herself in El Salvador, left him at the age of 4 to come to the U.S. to find work. He had not seen his mother for 10 years until he arrived in the United States illegally a few months ago. Emma hopes to obtain a Special Immigrant Juvenile visa for him.

Emma also has helped three young children from El Salvador sent by their ailing grandmother to live with their aunt in the U.S. after their El Salvadoran parents died. These children were fortunate enough to have a relative in this country with legal status who could care for them, but they still faced deportation, as they came to the U.S. illegally. Their aunt contacted KIND for help, and Emma was assigned to the case. Emma proved that there was no one to care for the children in El Salvador and eventually was able to obtain legal residency status for them.

Emma’s firm, Seyfarth Shaw LLP, is a big supporter of KIND and of all pro bono activities handled by its legal professionals. Recently, the firm introduced its

SeyfarthLean program to KIND. Seyfarth’s program is a methodology for the delivery and billing of its legal services, based on the Six Sigma corporate management strategy. Through its collaboration with Seyfarth, KIND has been able to offer its pro bono attorneys a more systematized step-by-step internet process for handling cases, including providing them with access to forms, translated documents, and discussion boards.

For Emma, who is a certified “Lean Six Sigma Yellow Belt,” having 100 percent support from her law firm in her pro bono work has had a tremendous impact on the quality and success of her pro bono experience. “The Houston office of Seyfarth Shaw has had close to 100 percent participation in pro bono work from its attorneys for the last couple of years,” Emma explains. “Our legal team on the first KIND case I handled included our managing partner for the Houston office.

I can’t really ask for more support than that!”

Emma, who is fluent in Spanish, has been able to work closely with her young

clients and keeps up with their progress even after her cases are finished. “I look forward to hearing that they will all attend college and have successful careers one day,” she says. Her work not only has transformed the lives of the young children she assists, but it has also shaped the lives her own children. “The pro bono work I have done through KIND has allowed me to teach my children about how fortunate they are to live in the United States and to talk to them about the unlimited opportunities they have here. My children met the children I helped through KIND and were amazed that I was able to assist them with giving them a ‘new life’ in this country. My 8-year old daughter still asks me about those kids and whether they are still safe living here in the U.S.” Thanks to the work of Emma Mata, children in need of an advocate are finding that help.

Julie Barry, attorney at law, focuses on U.S. and international commercial transactional matters. She is an associate editor for The Houston Lawyer.

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By Tara Shockley

New A Coalition Provides Legal Services to Veterans in 14-County Area

ttorney Denice Smith recently drove to Huntsville to volunteer at a Saturday veterans’ legal clinic in memory of her father, a deceased Korean War veteran, as well as her two nephews who are both serving in the armed forces.

Attorney Bob Devlin volunteers every Friday at the veterans’ legal clinic at the DeBakey VA Medical Center because he can see the relief on the veterans’ faces when they get the legal advice they need. For many different reasons, approximately 300 attorneys have signed on to volunteer to assist veterans with their legal problems since the HBA expanded its Veterans Legal Initiative (VLI) to a 14-county area in Southeast Texas last September.

Originally established by HBA president, Travis Sales, in 2008, the VLI in late May 2012 served its 6,000th veteran.

The program has several components, including legal clinics every Friday from 2:00-5:00 p.m. at the VA Medical Center. Attorneys also visit the US VETS at Midtown Terrace residential facility on a monthly basis and the DeGeorge at Union Station residential facility on a quarterly basis to speak on legal topics relevant to veterans and to provide legal advice and counsel. Through the HBA’s Houston Volunteer Lawyers Program, attorneys provide ongoing pro bono representation to qualified veterans in family law, wills and probate, consumer law, disability, benefits and many other legal problems.

Attorneys from Morgan, Lewis & Bockius, including HBA president, Denise Scofield, center in red jacket, volunteer at a clinic in the Heights area of Houston.

The HBA assists with holiday parties for veterans at residential facilities, helped establish libraries and keeps them stocked through donations to the annual Book Drive, and provides clothing for job interviews through the annual Coat and Warm Clothing Drive.

Through working with other veterans organizations, it was evident that areas outside of Harris, Jefferson and Fort Bend (three counties which have established pro bono programs for veterans) were not able to provide convenient access to the same services. In September 2011, the Houston Bar Foundation, the Jefferson County Bar Foundation and Fort Bend Lawyers Care applied for and were awarded grants from the Texas Access to Justice Foundation to expand legal services to veterans in a 14-county area in Southeast Texas. The grant enabled this new coalition to recruit and train attorney volunteers and to set up Saturday legal clinics where veterans can get legal advice and, if eligible, pro bono representation, in all of the counties.

The Veterans Legal Initiative now serves a veteran population of approximately 350,000 in Brazoria, Chambers, Fort Bend, Galveston, Grimes, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker and Waller counties. Jefferson County assists veterans in Chambers, Hardin, Jefferson, Liberty and Orange counties; Fort Bend Lawyers Care assists veterans in Fort Bend County; and the Houston Bar Foundation (HBF) assists those in the remaining counties. Local bar associations and legal groups in the 14 counties partner in providing volunteers and facilities for the legal clinics. Through a recruitment mailing to all attorneys in the 14-county area, nearly 300 new attorneys volunteered for the Veterans Legal Initiative.

Mickey Baden, the attorney in charge of the VLI, travels to all 14 counties to meet with local bar associations and other organizations, find appropriate facilities for clinics, and work with County Veterans Service Officers, county government officials, and community groups to pub-

licize the clinics. Through establishing Travis County, McLennan County and partnerships with organizations like the Bell County. This expanded program will Texas Veterans Commission, representaserve a population of more than 460,000 tives attend every Saturday clinic to proveterans, representing almost half of the vide advice and counsel on veterans’ benefits, enhancing the legal advice and counsel provided by attorneys. Many of the clinics are held at VFW or American Legion posts, which also help to get the word out to veterans about available services.

Through the end of May, nine Saturday clinics had been conducted in Angleton (2), Conroe (3), Denice Smith, counseling with the spouse of a veteran at Huntsville, Katy, League City and the Huntsville Clinic, says she wants to help veterans in Santa Fe, with a Cleveland clinic memory of her late father, a Korean War veteran, and her two nephews who are currently serving in the armed forces. scheduled for June 23. Through the expanded program, over 1,500 veterans received services at the various clinics, with over 400 residing outside Harris County.

The grant has also enabled Baden to conduct training programs in outlying counties for attorneys who want to volunteer for the program. In cooperation with local bar associations, these CLE programs – provided free to attorneys who Mickey Baden, the attorney in charge of the VLI, counsels agree to handle at least one case for a veteran at the Conroe clinic. a veteran – have been conducted at 12 local bar associations, law firms and corporate legal departments.

Recently, the State Bar of Texas recognized the Veterans Legal Initiative with a Star of Achievement as an outstanding service project, and Baden was honored with the J. Chrys Dougherty Award for an outstanding legal services attorAmerican Legion Post 560 hosted a clinic in February. ney.

Building on the success of the coaliapproximately one million veterans in tion over the previous year, the Houston Texas.

Bar Foundation, the Jefferson County Bar If you would like to volunteer for the Foundation and Fort Bend Lawyers Care Veterans Legal Initiative, please see the will once again apply for grants through volunteer form on the HBA website, www. the Texas Access to Justice Foundation in hba.org. If you have questions, feel free to September 2012. This year, however, the call Mickey Baden at 713-333-VETS. coalition will be joined by the Austin Bar Foundation and Baylor Law School, who Tara Shockley is the communications direcwill apply for grants to expand the coalitor for the Houston Bar Association and mantion to 17 counties, with the addition of aging editor of The Houston Lawyer. thehoustonlawyer.com

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HBA Members Volunteer with Children of All Ages on Family Day of Service

Houston Food Bank

“It was awesome to see a long line of attorneys and their families scrambling to pack box after box with food at the Houston Food Bank. Knowing that literally hundreds of hungry families would gratefully receive those boxes of food was extremely satisfying to all of us involved.”

Brent Benoit Volunteer Coordinator HBA Board Member Lawyers Against Waste planting at buffalo bend

On a sunny Saturday in April, 314 HBA members and their children volunteered at 10 different community organizations throughout the city. Organized by HBA President Denise Scofield, with assistance from all members of the HBA board of directors, the Family Day of Service gave children from toddlers to teens the opportunity to volunteer alongside their parents in age-appropriate activities designed to serve others. Some of the activities centered on projects the HBA sponsors each spring – such as a Habitat build and the Spring Children’s Clothing and Diaper Drive – while others were new projects for the HBA. Said Scofield, “By volunteering with their kids, not only did our members have an enjoyable morning with their family, but it was an opportunity to make a lasting impression on their children while helping others.”

“Volunteering is always a rewarding experience, but standing alongside men, women and children working to achieve a common goal is something that stays in your heart for a long time.

It is an honor to be a part of the HBA’s commitment to the community.”

Jennifer A. Hasley Volunteer Coordinator HBA Board Memberoor Birthday Kits for Kids

“Partnering with the Spring Branch

Family Development Center to provide birthday celebrations for less fortunate kids provided a great opportunity to work side-by-side with our own children and to teach a valuable lesson about sharing time, talents and resources. Volunteers from 3 to 70 years old came together and created wonderful birthday kits that will bring joy to the recipients.”

Denise Scofield Day of Service Coordinator HBA President Big Brothers Big Sisters Soccer Clinic

“Our soccer clinic brought together lawyers, volunteers and children to learn about the law, future dreams and goals for the children, as well as the game of soccer. Having HBA attorneys pair up with the Big Brothers Big Sisters program, for the first time ever, layed the groundwork for future work with the children of BBBS.” Benny Agosto, Jr Volunteer Coordinator HBA Board Member Star of Hope Spring Carnival

parents and children alike.”

David Chaumette Volunteer Coordinator HBA Board Member Spring Children’s Clothing & Diaper Drive

Kids’ Meals

“There were several young boys helping sort clothes for the Campaign for the Homeless. It was their first community service experience and they were excited to be involved and to help others.”

Warren Harris Volunteer Coordinator HBA Board Member Habitat for Humanity

“The Family Day of Service was a GREAT idea. I particularly enjoyed volunteering for Kids’ Meals. It was an opportunity for my friends and colleagues to help needy children in a meaningful, hands-on way, and it gave us all a true appreciation for our lives’ many blessings.”

Todd Frankfort Volunteer Coordinator HBA Board Member Houston Area Women’s Center

“Building a house is like raising your family — it starts with a solid foundation.”

Judge David O. Fraga Volunteer Coordinator HBA Board Member The Center

“What was most remarkable at Star of Hope was how much the little things meant to the kids at the carnival. From the bounce house to the cakewalk, there were smiles everywhere from

residents. We didn’t take score during any of the games because we all felt like ‘winners.’ It was a very rewarding experience.”

Daniella Landers Volunteer Coordinator HBA Board Member

“At the Special Olympics at The Center, we had a fun time playing bocce ball, kick ball and bingo with The Center

“My team and I enjoyed the opportunity to spend the day beautifying the grounds of the Houston Area Women’s Center. The begonias, impatiens, daylilies and other plants dramatically changed the look and feel of the courtyard and improved the spirits of the youth who are experiencing domestic violence in their homes.”

Laura Gibson Volunteer Coordinator HBA Board Member thehoustonlawyer.com

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Fourth Harris County

Bench Bar Pro Bono Awards Presented April 30

The Harris County judiciary, in conjunction with the Houston Bar Association, presented the fourth annual Harris County Bench Bar Pro Bono Awards to law firms, a corporate legal department and an individual in a special ceremony on April 30 at the Harris County Civil Courthouse. The keynote speaker was James B. Sales, senior partner at Fulbright & Jaworski and former chair of the Texas Access to Justice Commission.

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 eight judges and six attorneys selected the recipients in five self-nominated categories. Each year, the award winners names are featured on permanent plaques in the lobbies of the Civil Courthouse, Criminal Justice Center, Family Law Center and Juvenile Justice Center in downtown Houston.

Recipients of the Fourth Harris County Bench Bar Pro Bono Awards are: Large Firm – Vinson & Elkins LLP Vinson & Elkins attorneys in Houston devoted over 8,165 hours to pro bono service in 2011, representing a billable hour value of $3,608,303. The firm’s attorneys provided pro bono services in nine different categories, including assisting many local non-profits, arts organizations and 24

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government agencies with a variety of legal needs such as formation, bylaws, tax and litigation. As part of V&E’s partnership with Texas Children’s Hospital, attorneys represented several families in obtaining guardianship over their inca-

in family law, immigration, intellectual property and civil rights litigation. Of the firms 301 lawyers, 186 participated in pro bono service during 2011.

Mid-size Firm – Weil, Gotshal & Manges LLP In 2011, 94 percent of the 35 attorneys in Weil, Gotshal’s Houston office contributed 20 hours or more of pro bono service, with support staff contributing an additional 600 hours. The firm’s pro bono representation included a U.S. Department of State Hague Convention Case that reunited a pro bono client with his abducted son, as well as representation of pro bono clients through the Tahirih Justice Center, Kids in Need of Defense, Catholic Charities, The Innocence Project, and a civil rights case. Weil, Gotshal’s pro bono service through HVLP included

From left: The Hon. Tad Halbach, former administrative judge for Harris County; HBA President Denise Scofield; Ellyn Josef and Harry Reasoner of Vinson & Elkins LLP; John Strasburger of Weil, Gotshal & Manges LLP; Susan Sanchez of Exxon Mobil Corporation; Peter J. Bennett; Tanya Garrison of Weycer, Kaplan, Pulaski & Zuber, P.C.; and keynote speaker James B. Sales.

pacitated children. Attorneys also provided pro bono services to the Holocaust Project, representing Holocaust survivors in obtaining reparations. Firm attorneys staffed legal clinics for the HBA’s Houston Volunteer Lawyers Program (HVLP) and represented low-income individuals

handling 15 individual cases for low-income clients in the 2010-2011 bar year. A number of the firm’s attorneys not only serve as active leaders in firm-wide pro bono, but also serve in pro bono leadership positions in local, national and international organizations.

Small Firm – Weycer, Kaplan, Pulaski & Zuber, P.C. Seventy-five percent of the attorneys at Weycer, Kaplan provided pro bono legal services during 2011, logging over 380 hours. Firm attorneys provided many hours of pro bono service through the Houston Volunteer Lawyers Program, including staffing legal clinics, veterans clinics and will clinics, as well as providing pro bono services for low-income clients in the areas of tax liens, real estate, employment law, contracts, and estate planning. The firm also provided pro bono services through religious organizations, a historic cemetery, and the Holocaust Survivors Project.

Large Corporation – Exxon Mobil Corporation Law Department ExxonMobil’s law department has a long history of pro bono service and is receiving its second consecutive Bench Bar Pro Bono Award. The law department is committed to providing services through HVLP that include staffing numerous Saturday legal clinics and veterans clinics, providing a legal clinic at the Denver Harbor Senior Center, establishing a clinic with Fulbright & Jaworski at the Houston Area Women’s Center, staffing the HBA’s Will-A-Thon, and providing pro bono representation to low-income clients. In 2011 the law department provided 1,342 hours of pro bono service, a 300 percent increase over 2010 pro bono hours, with more than twice the number of attorneys participating.

Individual – Peter J. Bennett Peter Bennett was selected for the honor from among an outstanding field of individual nominees. In 2011, he provided over 86 hours of pro bono representation for low-income HVLP clients. In addition, Mr. Bennett, who is fluent in several languages, staffed 12 Vietnamese legal clinics, 10 Chinese legal clinics, and several Saturday legal clinics. He also handles pro bono eviction cases through the County Courts at Law’s Pro Bono Eviction Appeals Program. thehoustonlawyer.com

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‘No Courts, No Justice, No Freedom’

I

Law Week Highlights Importance of Courts

n 1958, President Dwight Eisenhower proclaimed the first Law Day, May 1, as “a day of national dedication to the principle of government under law.” Since then, the American Bar Association has established an annual theme for Law Day and encouraged bar associations and other organizations across the nation to develop programs that educate people about the importance of the rule of law. The Houston Bar Association celebrates

“Law Week,” since it plans programs that span more than one day.

The theme for Law Day 2012 was “No Courts, No Justice, No Freedom,” highlighting the importance of open and accessible courts as the cornerstone of a free society.

Each year the HBA Law Week Committee plans numerous educational and public service events that celebrate Law Day and its theme. The HBA Law Week Committee was co-

chaired by Benny Agosto, Jr. of Abraham, Watkins, Nichols, Sorrels, Agosto & Friend and Marie Jamison of Wright & Close, L.L.P. Committee members were Anita Barksdale, Sammy Ford IV, Hon. Kem Thompson Frost, Angela C. Garcia, Linda M. Glover, Anita Mayur Kerin, Joseph Charles Matta, Marni M. Otjen, Rachel Palmer, Shelley L. Poore, Bryon Allyn Rice, Deshonda Charles Tackett, Lowri Sian Thomas and Anastassios Triantaphyllis.

HYLA Law Day Luncheon — The HBA recognized the winners of its Law Week Poster, Essay and Photography Contests at the Houston Young Lawyers Association Law Day Luncheon on May 1. Pictured at left is Marlyn Rosales of Cypress Lakes High School, who placed first in the Photography Contest, with Alan Bentrup of Androvett Legal Media, sponsor of the contest. At right is Blake Pratz and Jo Simmons of UBS, sponsors of the Poster and Essay Contest, with the winning essay by Andrew Nemec of St. Thomas High School and winning poster in the 4th-8th grade category by Halle Brazda of The Kinkaid School. All of the poster and essay winners also placed in the State Bar of Texas contests and were in Austin for the Law Day ceremony on the same day as the HYLA luncheon.

HYLA Law Day Luncheon — The Houston Young Lawyers Association recognized several people for outstanding service to the community and the profession, including Collin J. Cox as the Woodrow Seals Outstanding Young Lawyer of Houston, pictured here with HYLA President Jason Ryan; Hon. Jennifer Walker Elrod as Outstanding Mentor; and Derek Pershing as the Liberty Bell Award Winner.

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Naturalization Ceremony — Nearly 2,000 new citizens were naturalized at a Law Day ceremony on April 25 at M.O. Campbell Center, with U.S. District Judge Keith Ellison presiding. HBA President Denise Scofield, pictured here at center, welcomed the new citizens, including a number of members of the Armed Forces who became naturalized citizens during the ceremony.

Jury Service — To commemorate Law Day, on May 2 District Clerk Chris Daniels, HBA President Denise Scofield, and Administrative Judge Ken Wise distributed copies of the Constitution to everyone who reported for morning jury duty at the Harris County Jury Assembly Room.

Dialogues on Freedom —The HBA sponsored “Dialogues on Freedom” in nine high schools in the Houston area. Teams of attorneys and judges gave interactive presentations on the Law Day theme. Left, Judge Josefina Rendon and Daniella Landers talked with students at Stephen F. Austin High School, while Justice Kem Frost and Warren Harris conducted a dialogue with students at Klein Forest High School.

Poster Workshops —The Law Week Committee this year partnered with the Asian American Bar Association to add a third Law Day Poster Workshop for children at the Chinese Community Center. The HBA also continued its partnership with The Houston Lawyers Association to sponsor a poster workshop for children in the Third Ward, and its partnerships with the Mexican American Bar Association of Houston and the Hispanic Bar Association to sponsor a workshop in the East End. Volunteers from the legal community provide materials and help children create posters for the HBA’s Law Day Poster Contest, while talking to them about Law Day and law as a career.

First Place: Houston Bar Association Law Day Essay Contest... No Courts, No Justice, No Freedom

By Andrew Nemec St. Thomas High School

O

ne of the core tenets of American thought is the principle of freedom. Branded into the national mindset are the immortal words of Thomas Jefferson, “that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men...” However, the freedoms that people enjoy are often in conflict with those of others. As a result of the political turbulence in today’s

society, both the executive and legislative branches of govern¬ment often write and enforce laws that violate basic rights. The Founding Fathers understood this, remembering the decades of atrocities committed in the Star Chamber of the English kings. The important task of safeguarding these rights of the people falls to the court system. The courts are charged with the duty to treat all the people who walk through their doors as equals, regardless of who they are or what people think of them outside. They accomplish this by upholding and expanding the rights enumerated in the Bill of Rights and by providing a legal framework designed to prevent extrajudicial punishments.

The court system in the United States protects the thehoustonlawyer.com

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accused against the opinions of the public and the government. Afraid of the abuses of power which occurred in the years leading up to the Revolutionary War, the Founding Fathers amended the Constitution with the Bill of Rights, which provides for trial by jury, protects against unreasonable searches and seizures, and protects freedom of speech and expression. Expanding later on these rights, the Fourteenth Amendment provides that no state shall “deprive any person of life, liberty, or property without the due process of the law; nor... the equal protection of the laws.” However, there have been many instances in our nation’s history where the courts have been bypassed, which has almost always turned out badly for the accused. Amongst the most horrible of these are the lynchings of thousands of people, a large majority of whom were African Americans, in the South for nearly a century following Reconstruction.

In cases such as these, the victims were punished outside of the law, without being given a fair trial in which they were assumed innocent until proven guilty. The courts have been set up in order to protect people from all forms of vengeance, to defend them against crimes such as these. The courts must always protect the rights of minorities from the masses, especially if the other branches of government refuse to do so.

The court protected the rights of contract holders in Fletcher v. Peck, a case in which the Georgia State Legislature tried to void land contracts approved by corrupt politicians. The court understood that if the majority of people, through their elected officials, take away a person’s property, they not only violate one of the rights which Americans hold dearest, but also set a precedent that the government has the au-thority to take away private property, a view which the court rejected and was later rejected again by the Due Process Clause of the Fourteenth Amendment. Another important instance of the courts protecting the rights of minorities came in Brown v. Board of Education. Here the Supreme Court struck down its earlier policy of “separate but equal” from Plessy v. Ferguson, asserting that “segregation is a denial of equal protection of the laws.” This ruling was the start of government involvement in the Civil Rights Movement, a move that neither Congress nor President Eisenhower was willing to make, even though it was the right and just thing to do. In both of these instances, the court shows that it has an obligation to defend the freedom of all, even if it is not the 28

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popular thing to do, and by doing this it protects the liberties of all.

The court has also expanded and protected the rights of individuals over the past few decades. In many cases, it does this by incorporating the Bill of Rights to both states and local governments using the Due Process Clause of the Fourteenth Amendment, as it did in Mapp v. Ohio. The court here recognized the importance of protecting against unreasonable searches and seizures by state governments, because it is one of the protections which keep the citizens of the nation safe from the powers of government, even if it is inconvenient for the government.

The courts have also protected the rights of the accused by giving them every chance to exercise their rights. The most well-known of these efforts came from the decision in Miranda v. Arizona, in which the court stressed “procedural safeguards... to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it.” Even though reading the Miranda warning is sometimes seen as a hassle by an arresting officer, the courts understand that having rights without knowing what they are is useless. In both of these cases, the courts recognize that the only way justice can be achieved is by protecting the rights of the accused, even if it comes at the expense of the government’s ability to collect evidence.

Courts continue to protect the rights of people in the present age, often stirring up much controversy. Grutter v. Bollinger, a case which allows for affirmative action in universities, is denounced by conservatives, while District of Columbia v. Heller, which guaranteed the right to own weapons, is condemned by liberals; both, however, are designed to protect the rights of people whose views might not be the most popular. Both executive and legislative branches can be easily swayed by the people who elect them, leading them to make decisions which are often questionable. The court system is supposed to be outside the world of politics, outside the world of what popular opinion says. The court system is supposed to rule based on the facts of the case and what the law says. Because all laws in the nation must agree with the Constitution and the rights guaranteed in it, it is up to the courts to make sure that all people are treated equally and justly. Without the courts preserving the justice of all, there would be freedom for none.

Students in 100 Elementary Schools Learn About Law When Zack’s cupcake goes missing and he accuses classmate Tyler of taking it, only the student court can examine the facts, listen to witnesses and get to the bottom of the case. Nearly 8,230 elementary school students in 100 elementary schools in the Houston area learned how the court system administers justice and protects our freedoms through Ellen Jackson’s book, The Cupcake Thief, as HBA members participated in 199 readings of the book during April 23-May 18 in commemoration of Law Week. The readings focused on students in kindergarten through second grade.

Since 2003, HBA Law Week activities have included a reading program in local elementary schools, where attorneys and judges read an age appropriate book that illustrates tenets of the Law Day theme, then donate the book to the school libraries. Attorneys do more than just read the book—they ask the students questions, discuss issues brought up in the story, explain principles like freedom and justice, and engage them in other activities to stimulate their interest.

Reviews from educators have been consistently outstanding, such as this one of attorney Sharron Wall: “She was wonderful. She talked with the students and engaged them the whole time. We have nothing but great things to say about our reader. Every teacher was impressed and all the students learned something.” and this one of attorney Harding Erwin: “[He] was delightful interacting with the children. He read the story with great expression. The students were engaged as he asked them questions. The students asked him questions which he graciously answered. If the lawyers could see more students, more students would receive the benefit of hearing about the law profession.”

Bill Earle at Kennedy Elementary School in Alief ISD

Elizabeth Black Berry at St. Joseph Regional Catholic School

David Chaumette at Walker Station Elementary School in Fort Bend ISD

Hon. Robert Hinojosa at Scroggins Elementary School in HISD

Sarah Langlois at Thurgood Marshall ECC in North Forest ISD

Earl Touchstone at Kate Bell Elementary School in HISD

Bryon Rice at Yorkshire Academy

Lynn Kamin at Lovett Elementary School in HISD

Brad DeLuca at Hunters Creek Elementary School in Spring Branch ISD

Todd Frankfort at Beth Yeshurun Day School thehoustonlawyer.com

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Join the Houston Bar Association’s 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, corporate legal departments, law schools and government agencies 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 Abraham, Watkins, Nichols, Sorrels, Agosto & Friend Adair & Myers PLLC Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. Ajamie LLP Allen Boone Humphries Robinson LLP Andrews Myers, P.C. Bair Hilty, P.C. Baker Williams Matthiesen LLP The Bale Law Firm, PLLC Barrett Daffin Frappier Turner & Engel, LLP Bateman/Pugh, PLLC Bell, Ryniker & Letourneau, P.C. Berg & Androphy Bingham, Mann & House Blank Rome LLP Brewer & Pritchard PC Buck Keenan LLP Burck, Lapidus, Jackson & Chase, P.C. Bush & Ramirez, L.L.C. Butler I Hailey Caddell & Chapman Cage Hill & Niehaus, L.L.P. Campbell & Riggs, P.C. Chernosky Smith Ressling & Smith PLLC Christian Smith & Jewell, L.L.P. Conley Rose P.C. Connelly • Baker • Wotring LLP Cozen O’Connor Crady, Jewett & McCulley, LLP David Black & Associates De Lange Hudspeth McConnell & Tibbets LLP Devlin Naylor & Turbyfill PLLC Diamond McCarthy LLP Dinkins Kelly Lenox Lamb & Walker, L.L.P. Dobrowski, Larkin & Johnson LLP Dow Golub Remels & Beverly, LLP Doyle Restrepo Harvin & Robbins, L.L.P. Ebanks Horne Rota Moos LLP Edison, McDowell & Hetherington LLP Ellis, Carstarphen, Dougherty & Griggs P.C. Ewing & Jones, PLLC Faubus & Scarborough LLP Fernelius Alvarez PLLC Fibich Hampton Leebron Briggs Josephson, LLP Fisher, Boyd, Brown & Huguenard, LLP Fisher & Phillips LLP Fizer Beck Webster Bentley & Scroggins, P.C. Fleming, Nolen & Jez, L.L.P. Frank, Elmore, Lievens, Chesney & Turet, L.L.P. Fullenweider Wilhite PC Funderburk & Funderburk, L.L.P. Galloway Johnson Tompkins Burr & Smith Germer Gertz, L.L.P. Givens & Johnston PLLC Goldstein & Lipski, PLLC Gordon & Rees LLP Greer, Herz & Adams, L.L.P. Hagans Burdine Montgomery & Rustay, P.C.

Harris, Hilburn & Sherer Harrison, Bettis, Staff, McFarland & Weems, L.L.P. Hays McConn Rice & Pickering, P.C. Hicks Thomas LLP Hirsch & Westheimer, P.C. Hogan Lovells US LLP Holm I Bambace LLP Hunton & Williams LLP Jackson Gilmour & Dobbs, PC Jackson Lewis LLP Jenkins Kamin, L.L.P. Johnson DeLuca Kurisky & Gould, P.C. Johnson Radcliffe Petrov & Bobbitt PLLC Johnson, Trent, West & Taylor, L.L.P. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L. L. P. Joyce, McFarland + McFarland LLP Kane Russell Coleman & Logan PC Kelly, Sutter & Kendrick, P.C. Kroger | Burrus LeBlanc Bland P.L.L.C. Legge Farrow Kimmitt McGrath & Brown, L.L.P. Linebarger Goggan Blair & Sampson LLP Liskow & Lewis Lorance & Thompson, PC MacIntyre & McCulloch, LLP McGinnis Lochridge & Kilgore LLP McLeod Alexander Powel & Apffel PC MehaffyWeber PC Miller Scamardi & Carraba Mills Shirley L.L.P. Morris Lendais Hollrah & Snowden Munsch Hardt Kopf & Harr, P.C. Murray | Lobb PLLC Nathan Sommers Jacobs Ogden, Gibson, Broocks, Longoria & Hall, LLP Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Olson & Olson LLP Pagel Davis & Hill PC Perdue Brandon Fielder Collins & Mott Perdue Kidd & Vickery Phelps Dunbar LLP Phillips, Akers & Womac, PC Pillsbury Winthrop Shaw Pittman LLP Ramey, Chandler, McKinley & Zito Ramsey & Murray PC Roach & Newton, L.L.P. Roberts Markel Weinberg PC Ross, Banks, May, Cron & Cavin, P.C. Royston, Rayzor, Vickery & Williams, L.L.P. Rusty Hardin & Associates, P.C. Rymer, Moore, Jackson & Echols, P.C. Schiffer Odom Hicks & Johnson PLLC Schirrmeister Diaz-Arrastia Brem LLP Schwartz, Junell, Greenberg & Oathout, LLP Schwartz, Page & Harding L.L.P.

Shannon Martin Finkelstein & Alvarado, P.C. Shepherd, Scott, Clawater & Houston, L.L.P. Shipley Snell Montgomery Droog LLP Short Carter Morris, LLP Singleton Cooksey LLP Smith Murdaugh Little & Bonham, L.L.P. Smyser Kaplan & Veselka, L.L.P. Sprott, Rigby, Newsom, Robbins & Lunceford, P.C. Steele Sturm P.L.L.C. Stevenson & Murray Strong Pipkin Bissell & Ledyard, L.L.P. Stuart & Associates P.C. Sutton McAughan Deaver, PLLC Tekell, Book, Allen & Morris, L.L.P. Thompson & Horton LLP Thompson, Coe, Cousins & Irons, LLP Tucker, Taunton, Snyder & Slade, P.C. Tucker Vaughan Gardner & Barnes, P.C. Ware, Jackson, Lee & Chambers, L.L.P. Watt Beckworth Thompson Henneman & Sullivan LLP Weycer Kaplan Pulaski & Zuber, P.C. White Mackillop & Gallant P.C. Williams, Birnberg & Andersen, L.L.P. Williams Kherkher Hart Boundas LLP Williams Morgan & Amerson, P.C. Willingham, Fultz & Cougill, LLP Wilson, Cribbs & Goren, P.C. Wilson, Elser, Moskowitz, Edelman & Dicker Wong, Cabello, Lutsch, Rutherford & Brucculeri, P.C. Wright Abshire, Attorneys, PC Wright & Close, L.L.P. Yetter Coleman LLP Ytterberg Deery Knull LLP Zimmerman, Axelrad, Meyer, Stern & Wise, P.C. Zukowski, Bresenhan & Sinex, L.L.P. Firms of 25-49 Attorneys Adams & Reese LLP Akin Gump Strauss Hauer & Feld LLP Baker & McKenzie LLP Beck Redden & Secrest, L.L.P. Beirne, Maynard & Parsons, L.L.P. Chamberlain Hrdlicka White Williams & Aughtry Coats I Rose Cokinos Bosien & Young Gibbs & Bruns LLP Hoover Slovacek LLP Jones Day Littler Mendelson, PC Seyfarth Shaw LLP Firms of 50-100 Attorneys Baker Hostetler LLP Gardere Wynne Sewell LLP Jackson Walker L.L.P. Martin, Disiere, Jefferson & Wisdom, L.L.P. Morgan, Lewis & Bockius LLP

Porter Hedges LLP Thompson & Knight LLP Winstead PC Firms of 100+ Attorneys Andrews Kurth LLP Baker Botts L.L.P. Bracewell & Giuliani LLP Fulbright & Jaworski L.L.P. Haynes and Boone LLP Locke Lord LLP Vinson & Elkins LLP Corporate Legal Departments Anadarko Petroleum Corporation AT&T Texas BP CenterPoint Energy El Paso Corporation Kellogg Brown & Root Inc LyondellBasell Industries MAXXAM Inc Newfield Exploration Company Petrobras America Inc. Plains Exploration & Production Co. Pride International Inc. Rice University Sysco Corporation Texas Children’s Hospital Total E&P USA Inc. University of Houston System Law School Faculty South Texas College of Law Thurgood Marshall School of Law University of Houston Law Center Government Agencies City of Houston Legal Department Harris County Attorney’s Office Harris County District Attorney’s Office Harris County Domestic Relations Office Metropolitan Transit Authority of Harris County Texas Port of Houston Authority of Harris County Texas

27th John J. Eikenburg Law Week Fun Run Tops $1 Million

T

he 27th John J. Eikenburg Law Week Fun Run, held March 24th in Sam Houston Park, raised over $83,000 for The Center, a nonprofit agency that provides opportunities that promote individual choice, personal growth and community involvement for persons with mental retardation and those needing similar services, so they may reach their maximum potential. This brings the total to $1,010,905 in contributions to The Center over the life of the race. Over 860 walkers and runners participated in the event.

Named after the late former HBA president who founded the race in 1985, the John J. Eikenburg Law Week Fun Run is truly a team effort that involves many months of planning

and coordination.

Race directors were Sherry L. Bankhead of Johnston, Trent, West & Taylor; Simon Mayer of Hughes Watters Askanase LLP; and Andrew Pearce of BoyarMiller P.C. The 2011-2012 Fun Run Committee included Hunter Ahern, Gloria E. Avila, Elizabeth L. Bolt, Meredith Clark, Tonja De Sloover, Madison Finch, Danielle Harsany, Ann Johnson, M. Scott Michelman, Kara Stauffer Philbin, Hugh M. Ray III, Hon. Reece Rondon, Matthew Simmons, Kathryn Nicole Voyles, Wesley R. Ward and Mark W. Wege.

Runners take off in the 8K race

Children participate in a non-competitive one-mile run, where everyone receives a medal.

Fun Run co-chairs Andrew Pearce and Sherry Bankhead

Photos by Kim Coffman. To see race results and Fun Run photos, see the link on the HBA website, www.hba.org.

Co-chair Andrew Pearce and his family (left) and HBA president Denise Scofield and her family prove that the Law Week Fun Run is truly an event for all ages. thehoustonlawyer.com

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Members of the Eikenburg family come out each year to support the race, named after the late John J. Eikenburg, who started the event as president of the Houston Bar Association in 1985-86.

Trent Stephens and John Spiller, along with team mate Dan Butcher (not pictured), captured the President’s Trophy for the fastest all-lawyer firm Top overall female finisher Virginia Jones team from Strasburger & Price.

Media personality Lee Jolly donated his time to emcee the Fun Run.

Top overall male finisher Chris Stelzer crosses the finish line.

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Harry Beaudry and Andrew Gratz of the Corporate Counsel Section present 2011 Houston Bar Foundation Chair Bill Lowrey, right, with a check for $10,000.

The section’s contribution as a Platinum Sponsor for this year’s race put the lifetime contributions over $1 Million for The Center.

Law Week Fun Run Sponsors Diamond Sponsor HBA Corporate Counsel Section Platinum Sponsor HBA Litigation Section South Texas College of Law Gold Sponsors Shook Hardy & Bacon, L.L.P. Exxon Mobil Corporation Fulbright & Jaworski L.L.P. Johnson, Trent, West & Taylor, L.L.P. Vinson & Elkins LLP Silver Sponsors Hughes Watters Askanase LLP Abraham, Watkins, Nichols, Sorrels, Agosto & Friend Amicus Search Group, LLC Baker Botts L.L.P. BoyarMiller Burgower & Rainwater, L.L.P. Chaumette, PLLC Ellison-Keller, P.C. Ernst & Young LLP Feder, Lucero & Wollam, L.L.P. Fernelius Alvarez PLLC Fizer Beck Webster Bentley & Scroggins Harper & Pearson Company, P.C. Haynes and Boone, LLP HBA Auxiliary Charitable Fund Jane and Doug Bland Jenkins & Kamin, L.L.P. Judge Kyle Carter Judge Mike Engelhart King & Spalding LLP Legal Directories Publishing Company, Inc. Lubel Voyles LLP McKool Smith, PC Morgan, Lewis & Bockius LLP Nathan Sommers Jacobs Nell McCallum & Associates, Inc. Shannon, Gracey, Ratliff & Miller, LLP Smith, Murdaugh, Little & Bonham, L.L.P. Strasburger& Price, LLP Stratos Legal Sunbelt Reporting & Litigation Services Sutherland Asbill & Brennan LLP UHY Advisors, Inc. U.S. Legal Support Westside Lexus Winstead PC

Bronze Sponsors Cindi Bench Reporting Refreshments/In-Kind Donations Coca Cola Faust Distribution Kroger Luke’s Locker Watermill Express HoneyMilk/Core Power My Fit Foods Todd Lonergan Printing of Race Brochures RR Donnelly of Houston Security Precinct 1 of Harris County Master of Ceremonies Lee Jolly Door Prizes The Center Old Smokey M.D. Anderson Raspberry Rose Luke’s Locker Push Legal Always In Season Warren Recruiting Robert Half Legal IST Management Water 2 Wine Magnolia Hotels Corporate Outfitters Providus Mach 5 Couriers Damian’s Midtown Hair Studio Hughes Watters Askanase LLP Alden Houston Hotel Marsh McLennan ARC Management Services Tejas Office Products Quest Personal Resources Robinson Benefits Collier Legal Pappasitos BlackFinn American Grille Sherry Bankhead Nuance Document Imaging Group The Herrington Law Firm The Spillman Group

alternative dispute resolution MEDIATION, ARBITRATION, SPECIAL JUDGE

(Chap.151, CPRC)

Dan Downey

• Former District Judge • Board Certified Civil Trial Law — Texas Board of Legal Specialization • Adjunct Professor of Law Details at:

ADR That Preserves Your Right of Appeal —Chap. 151, CPRC A faster, cheaper and more predictable ADR alternative to arbitration.

Read more at dandowney.com (Publications)

dandowney.com • 713.907.9700 1-800.792.4444 • 5009 Caroline Suite 100B, Houston, TX 77004

Keep It Local!

HBA/CLE Online Programming The Houston Bar Association offers its own online CLE programs for Harris County attorneys. Visit the HBA website, www.hba.org, and select the RED Online CLE button on the right hand side of the homepage.

HBA members receive a 20% discount on all HBA-sponsored programs.

There are more than 80 audio and video programs available.

More reasons to use HBA/CLE Online Programming: 1. Support your bar association’s programming 2. Receive an HBA member discount 3. All programs are accredited by the State Bar of Texas 4. Programs are available 24/7 5. There is no need to leave your office/home 6. A wide variety of legal topics available by expert speakers 7. Both audio and video presentations are available 8. The site is user-friendly 9. There are no late fees 10. No dress code required!

If you have questions, please contact the HBA/CLE Department at 713-759-1133 or email lucyf@hba.org. thehoustonlawyer.com

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COMMITTEE SPOTLIGHT

HBA Habitat for Humanity Committee Builds 15th Home

By Sharon D. Cammack

The Houston Lawyer

T

he Habitat for Humanity Committee of the Houston Bar Association facilitated the building of the HBA’s 15th home for a deserving Houston area family

ity is an international non-profit, nongovernmental ecumenical organization dedicated to building simple, decent, and affordable housing. Houston Habitat for Humanity, established in 1987, is an in-

in April, May and June. Co-chaired by Avery Emison Carson of Marathon Oil, Richard L. Sitton of Simpson, Thacher & Bartlett and Bridget Burke Vick of Andrews Kurth, LLP, the committee depends on dedicated, enthusiastic, determined leaders and volunteers to take part in the annual home building project.

Founded in 1976, Habitat for Human-

dependently run, non-profit Habitat affiliate. It is in partnership with Houston Habitat that the HBA’s Habitat Committee comes together each year to build a home for a deserving family. In fact, the HBA is the longest-sustaining repeat builder for Houston Habitat. Families are chosen based on their level of need, willingness to partner with Habitat to work on other

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Habitat homes, attendance at classes on finances and home ownership, and ability to pay a no-interest mortgage loan.

It costs approximately $70,000 to build a Habitat home, funds that are contributed by individual members, law firms and sections. Fulfilling the dream of homeownership for a deserving Houston area family is made possible not only by financial donations, but also by countless hours of manual labor – much of which is provided by and through the Houston Bar Association’s Habitat for Humanity committee. The committee chairs and members have been and continue to be busy seeking donations, recruiting volunteers, scheduling work days, and, significantly, volunteering at the work days themselves.

Perhaps surprisingly, few HBA committee members and volunteers bring construction skills with them to a designated

Habitat work day. Committee members, as well as their family and friends, are provided instruction by Habitat supervisors in basic skills and techniques, and despite the fact that most of the volunteers have no prior construction experience, the HBA committee members soon find themselves helping with framing, roofing, siding and exterior finishing.

Avery Carson, one of this year’s committee co-chairs, praised the staff of Houston Habitat, describing it as “remarkable people dedicated to changing the lives of homeowners” who remind us that “home ownership creates stability for the entire family.”

Being a member of the HBA Habitat committee and participating in building a Habitat home touches lives; and not just the lives of those families that directly benefit. Richard Sitton, one of this year’s co-chairs, speaks fondly of the draw he felt to the HBA Habitat Committee and the memories the work invokes: “My father was a carpenter and growing up I would tag along with him to work in the summers. As a teenager, it became my summer job. I never achieved the skill level of my father, but enjoyed the work and look back with fond memories of time spent with my father.” He speaks of taking his own two boys with him on Habitat work days and the sense of accomplishment they felt at the end of the day. This sentiment is expressed over and over again by both committee members and volunteers.

This is not a committee made up of spectators. Instead, the Habitat for Humanity Committee is made up of a group of amazing HBA lawyers who give countless hours, and, probably, no shortage of blood, sweat and tears, to build decent, safe, affordable homes that make Houston and its families stronger.

Defending Texans Since 1994 Former Assistant United States Attorney Former Assistant District Attorney Founding Member of the National College of DUI Defense of Counsel Williams Kherkher LLP Law Offices of Ned Barnett

Gulf Freeway Office: 8441 Gulf Freeway, Suite 600 • Houston, Texas 77017 Downtown Office: 440 Louisiana, Suite 800 • Houston, TX 77002

713-222-6767 • www.nedbarnettlaw.com

Board Certified in Criminal Law by the Texas Board of Legal Specialization

Sharon D. Cammack is an associate at Jenkins & Kamin, L.L.P. and a member of The Houston Lawyer editorial board. thehoustonlawyer.com

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Equal Access

Champions

What does it take to become an “Equal Access Champion”? The firms and corporations listed below have signed 5-year commitment forms that indicate they will uphold a pledge to provide representation in a certain number of cases each year, based on the number of attorneys in the firm or legal department. The goal is to provide pro bono representation in at least 1,500 cases through the Houston Volunteer Lawyers Program each year, and to increase that goal each year. For more information contact Kay Sim at (713) 759-1133.

Large Firm Champions Andrews Kurth LLP Baker Botts L.L.P. Bracewell & Giuliani LLP Fulbright & Jaworski L.L.P. Locke Lord LLP Vinson & Elkins LLP Corporate Champions Baker Hughes Incorporated BP America Inc. CenterPoint Energy, Inc. ConocoPhillips Exxon Mobil Corporation LyondellBasell Marathon Oil Company Port of Houston Authority Rosetta Resources Inc. Shell Oil Company Intermediate Firm Champions Gardere Wynne Sewell LLP Haynes and Boone, L.L.P. King & Spalding LLP Thompson & Knight LLP Mid-Size Firm Champions Akin Gump Strauss Hauer & Feld LLP Adams & Reese LLP Baker Hostetler LLP Beirne, Maynard & Parsons, L.L.P. Chamberlain, Hrdlicka, White, Williams & Aughtry Greenberg Traurig, LLP Jackson Walker L.L.P. Jones Day Morgan, Lewis & Bockius LLP

Porter Hedges, L.L.P. Strasburger & Price, L.L.P. Susman Godfrey LLP Weil, Gotshal & Manges Winstead PC Small Firm Champions Abraham, Watkins, Nichols, Sorrels, Agosto & Friend Beck, Redden & Secrest, L.L.P. Gibbs & Bruns LLP Hays, McConn, Rice & Pickering, P.C. Hughes Watters Askanase LLP Johnson DeLuca Kurisky & Gould, P.C. Kroger | Burrus Schwartz, Junell, Greenberg & Oathout, L.L.P Sutherland Asbill & Brennan LLP Weycer, Kaplan, Pulaski & Zuber, P.C. Yetter Coleman LLP Boutique Firm Champions Blank Rome LLP Coane & Associates Connelly • Baker • Wotring LLP Edison, McDowell & Hetherington LLP Fullenweider Wilhite PC Funderburk & Funderburk, L.L.P. Hicks Thomas LLP Jenkins & Kamin, L.L.P. Ogden, Gibson, Broocks, Longoria & Hall, L.L.P. Squire Sanders LLP Sutton McAughan Deaver LLP Strong Pipkin Bissell & Ledyard, L.L.P. Wilson, Cribbs & Goren, P.C.

Solo Champions Law Office of O. Elaine Archie Basilio & Associates, PLLC Peter J. Bennett Law Office of J. Thomas Black, P.C. Law Office of Fran Brochstein Law Office of David Hsu Brogden Law Office of Robbie Gail Charette Chaumette, PLLC Law Office of Papa M. Dieye The Ericksen Law Firm Frye & Cantu, PLLC Fuqua & Associates Terry L. Hart Law Office of James and Stagg, PLLC Katine & Nechman L.L.P. The Keaton Law Firm, PLLC Gregory S. Lindley Law Office of Maria S. Lowry Martin R. G. Marasigan Law Offices The Law Office of Evangeline Mitchell, PLLC Morley & Morley, P.C. Bertrand C. Moser Pilgrim Law Office Robert E. Price W. Thomas (Tommy) Proctor Law Offices of Judy Ritts Cindi L. Robison Scardino & Fazel Shortt & Nguyen, P.C. Jeff Skarda Teal & Associates Tindall & England, P.C. Diane C. Treich Norma Levine Trusch

A Profile in professionalism

Jack McConn Trial Lawyer and Former President of the Houston Bar Association

P

rofessionalism, to me as a lawyer, has meant treating all clients the same, whatever station in life they occupy.

It means doing your best to achieve justice for all the persons you represent.

It means fighting hard and intelligently for your clients, while acting as a gentleman toward the opposition.

It means not treating money as the only goal of your endeavors.

It means taking on big and powerful interests when they have wronged your client.

If you operate in this fashion, I believe you can look yourself in the mirror every morning with a clear conscience. thehoustonlawyer.com

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OFF THE RECORD

Judy Ney:

Teaching Customs to Students Also a Learning Experience

By Farrah Martinez

The Houston Lawyer

J

udy Ney is an Administrative Law Judge for the Texas Department of Insurance, Division of Workers’ Compensation, where she hears State workers’ compensation cases.

Judy also is a long-time member of the Houston Bar Association and serves on The Houston Lawyer Editorial Board.

She also has volunteered with numerous committees of the State Bar of Texas, including serving on the Board of Directors as a Section Representative. She currently presides as the Chair of the State Bar’s Women in the Profession Committee.

Aside from her dedication to the legal profession, Judy has another great passion—religious studies. Judy has always had a strong yearning and devotion for her spiritual life and her religious growth. For over 18 years, Judy has taught Religious School studies at Congregation Emanu El, primarily to fourth graders. Her course curriculum consists of subjects such as Jewish Life Cycles, Customs, Holidays and Hebrew. The yearly high point is when the entire fourth grade participates in a Jewish mock wedding. She teaches at least two classes every week; 38

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one is on Sunday and the other class is during the middle of the week. The classes are a high priority, and Judy manages to schedule her life around them.

Judy’s family has always been involved in religious activities, studies, and training. Teaching is a natural fit for her, and she has maintained her continuing education for Jewish instruction.

One of Judy’s greatest rewards of teaching young people is that while she is teaching her students, they are also teaching her. The students keep her up-to-date on the latest trends in music, fashion, technology, social networking, and the overall differences in growing up in today’s generation. Judy confesses that she is learning as much from the students as they are learning from her, and she loves it!

Judy’s son and daughter-in-law recently gave birth to Judy’s first granddaughter and the proud grandmother is looking forward to seeing little Allison as a future student.

Farrah Martinez is the Director of Legislative Affairs at the Harris County District Clerk’s Office. She is a member of The Houston Lawyer editorial board.

LEGAL TRENDS

Future of Texas Open Beaches Act Clouded by Supreme Court Decision

I

By Val Perkins n March 2012, for the third time in less than four months (see sidebar, page 42, “The Texas Supreme Court’s Emphasis on Private Property Rights Continues”), the Texas Supreme Court dealt a substantial setback to the efforts of state and local governments to regulate or restrict private property rights by determining that, notwithstanding the Texas Open Beaches Act and long held common law principles, public beachfront access easements do not “roll” with shifts in the water and vegetation lines and, thus, the State cannot force the relocation of a home built on the beach now within the beachfront access easement without the payment of compensation. The Texas Supreme Court’s decision in Severance v. Patterson, No. 090387, 2012 WL 1059341 (Tex. 2012), has drawn national and even worldwide interest and prompted the filing of nearly 50 separate amicus briefs from such diverse corners as the City of Galveston, Texas Chamber of Commerce, the Surf Rider Foundation and the Save Our Beach Association and Friends of Surfside. The court’s opinion has prompted an outpouring of commentary, both pro and con, and even induced the Commissioner of the General Land Office of Texas, Jerry Patterson, to urge that the members of the majority be ousted at their next election.1 The facts of the case begin in April 2005,

when Carol Severance purchased three properties on Galveston Island’s West Beach for rental income. Pursuant to the Open Beaches Act, at the time of the purchase, Severance was informed by Disclosure Notices contained in each Sales Contract that if the structures she purchased became seaward of the vegetation line as a result of coastal erosion or a storm event, her property might be subject to a demand by the State of Texas that she remove the structure because it would then be on a public beach. By way of background, the Open Beaches Act was passed in 1959 after a Supreme Court case called into question the public’s access to Texas beaches. The Open Beaches Act codified that all land seaward of the mean high tide, known as the “wet beach,” is held by the State in public trust. The land between the mean high tide and the vegetation line is the “dry beach” and may be privately owned but the landowner cannot place any obstructions on the “dry beach” that might prevent the public’s access to the beach and the waters of the Gulf of Mexico. Of course, the mean low tide, mean high tide, and vegetation line are transitory, constantly moving both inland and seaward given the vagaries of tidal conditions and natural erosion from waves. As a result, the wet beach and dry beach are likewise transitory, as was the public beachfront access easement recognized in Texas since the days of the Republic.

In Severance, one of Severance’s houses—known as the “Kennedy Drive property”—was landward of the vegetation line and clearly was private property. However, following Hurricane Rita in 2005, the property between Severance’s land and the sea on which a public easement had been established was submerged in the surf and, thus, became part of the “wet beach.” As a result, Severance’s house was no longer behind the vegetation line, but it was also not located on the wet beach owned by the State. In 2006, as part of a plan to offer property owners financial assistance

to remove their homes from the “public beach,” Severance was offered $40,000 for removal of her home. She refused and filed suit in federal court to prevent the state from enforcing the Open Beaches Act and taking her property, now on a public beach.

The federal district court dismissed the suit, ruling that her constitutional claims were not ripe because the State had not yet enforced the Act, but also noting that the public’s easement to her property had been established long before Severance purchased her lot and, as the court said, was one of the “background principles” of Texas property law involving open beaches. The basis for the court’s determination and the key issue throughout the remainder of the Severance case was whether the public easement “rolled” with the inward migration of the waters of the Gulf of Mexico. Historically, Texas common law has recognized that the public’s easement to the public beach rolls with the landward migration of the waters of the Gulf of Mexico and at least four separate Courts of Appeals decisions, from the 1st and 14th Courts in Houston and the Court of Appeals in Austin, have held that easements that allow the public access to the beach must roll with the changing coastline in order to protect the public’s right of use.

Severance, however, appealed the district court’s determination to the United States Court of Appeals for the Fifth Circuit which, in a 2-1 decision, affirmed the district court’s dismissal of Severance’s takings claims because the claims were not ripe, but also found that her other claims were ripe and certified three questions to the Texas Supreme Court, as follows: 1. Does Texas recognize a rolling public beachfront access easement, i.e., an easement in favor of the public that allows access and use of the beach on the Gulf of Mexico, the boundary of which easement migrates solely according to naturally caused changes in the location of the vegetation line, without proof of thehoustonlawyer.com

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LEGAL TRENDS

prescription, dedication or customary rights in the property so occupied?

2. If Texas recognizes such an easement, is it derived from common law doctrines or from a construction of the Open Beaches Act? 3. To what extent would a landowner be entitled to receive compensation (other than the amount already offered for the removal of the houses) under Texas law or Constitution for the limitation on use of her property affected by the landward migration of a rolling easement onto property on which no public easement had been found by dedication, prescription or custom?2

The Houston Lawyer

In a 5-3 decision (Chief Justice Jefferson did not participate) sparking three emphatic dissents, the Supreme Court, in an opinion by Justice Wainwright, determined that while the public beachfront access easement might be “dynamic,” it does not “roll.” Instead, while conceding that “ocean front beaches change every day” and, thus, that “public easements that burden these properties along the sea are also dynamic,” the Court held: [W]hen a beachfront vegetation line is suddenly and dramatically pushed landward by acts of nature, an existing public easement on the public beach does not “roll” inland to other parts of the parcel onto a new parcel of land.

Instead, when land and the attached easement are swallowed by the Gulf of Mexico in an avulsive event, a new easement must be established by sufficient proof to encumber the newly created dry beach bordering the ocean.3 Justice Wainwright recognized the competing public policy interests at play in Severance, noting that: Certainly, there is a history in Texas of public use of public Gulf-front beaches, including on Galveston Island’s West Beach. On the one hand, the public has an important interest in the enjoyment 40

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of the public beaches. But on the other hand, the right to exclude others from privately owned realty is among the most valuable and fundamental of rights possessed by private property owners.4 In order to reach this ruling affirming private property rights at the clear expense of public beachfront access, the Court’s majority had to rely on, as Justice Medina put it in his dissent, “a game of semantics.”5 As noted above, the Court held that while the public’s access easement was dynamic, it did not roll and, as Justice Medina again put it: The court further distinguishes between movements by accretion and erosion and movements by avulsion, finding a gradual movement shifts the easement boundaries, but sudden movements do not.6 Justice Medina, joined by Justice Lehrmann and, in part by Justice Guzman, was startlingly frank in his sharp dissent. He began by noting that “Texas beaches have always been open to the public” and applauded the fact that Texas has “the most comprehensive public beach access laws in the nation.” He continued: Since its enactment in 1959, the Texas Open Beaches Act (“OBA”) has provided an enforcement mechanism for the public’s common law right to access and to use Texas beaches. The OBA enforces a reasoned balance between private property rights and the public’s right to free and unrestricted use of the beach. Today the Court’s ruling disturbs this balance and jeopardizes the public’s right to free and open beaches.7 After surveying the history of Texas coastal property ownership, Justice Medina concluded that the “[e]asements that allow the public access to the beach must roll with the changing coastline in order to protect the public’s right of use.” He then went on to make clear that Texas law has always recognized rolling easements

for beachfront access and notes that “the Court’s conclusion that beachfront easements are dynamic but do not roll defies not only existing law but logic as well.”8 Further, he criticized the Court’s arbitrary distinction of easement movement caused by erosion or accretion and that caused by avulsion by noting: On the one hand, the Court correctly declines to apply the avulsion doctrine to the mean high tide. This means a property owner loses title to land if, after a hurricane or tropical storm, such land falls seaward of the mean high tide.

On the other hand, this same hurricane, under the Court’s analysis, requires the state to compensate a property owner for the land that now falls seaward of the vegetation line unless it was already part of the public beachfront easement.

Under the Court’s analysis, the property line may be dynamic but beachfront easements must always remain temporary; the public’s right to the beach can never be established and will never be secure.9 Finally, Justice Medina spent a portion of his dissent discussing the public policy of the Open Beaches Act and how the majority’s decision, requiring that existing easements be re-established after every hurricane season “defeats the purpose of the OBA: to maintain public beach access.”10 Justice Guzman, also dissenting, found that “the Court’s conclusion that title shifts due to both avulsive and accretive events, yet that any corresponding easement allowing public use of the dry beach shifts only due to accretion but not avulsion, has no basis in logic or Texas law.”11 Likewise, Justice Lehrmann in her dissent noted that the Court’s decision casts the legacy of Texas public beaches aside without any “coherent rationale.” But Justice Lehrmann also infused her dissent with a practical lean, complaining that the majority’s decision “undermines the public interests in beach access, the abil-

LEGAL TRENDS

ity of the State and local governments to protect coastal resources, and the private property interest of non-littoral Galveston homeowners.”12 She predicted in her dissent that the result of the Court’s decision will be “the placement of structures on newly exposed dry beach” that will result in the degradation of the beach. She also noted that since provisions of the Texas Constitution prohibit the expenditure of public funds for private purposes, public entities in Texas will not be able to renourish eroded beaches now found by the Court to be held by private citizens. Finally, she noted that the Court’s decision restricting beach access will decrease the rental value of non-beachfront properties on Galveston Island and, thus, will result in a loss of property values to non-beachfront residents of the island.

Notwithstanding these forceful dissents, the Court entered its decision, a determination that caused one commentator, himself a former Texas Land Commissioner, to complain: The ruling means that the subsequent owners and some neighbors on the west end of Galveston Island can now fence off the dry beach and deny public access. It could well mean that litigious chaos ensues along our 367 mile shoreline and the Open Beaches Act perishes

tried by trial, the proverbial death of a thousand cuts.13 Indeed, it appears that much of Justice Lehrmann’s predictions have or soon will come true. The Texas Land Commissioner, Jerry Patterson, has already canceled a long-scheduled $40 million project that would have placed new sand in front of approximately 450 homes on six miles of the most rapidly eroding beach on the West End of Galveston Island, determining that the constitutional prohibition against spending public money to improve private property prohibited the project once the Severance case decided that the beachfront property was now owned by private individuals and not the public. And a recent article in the Houston Chronicle makes clear that at least one homeowner’s association on Galveston Island, the Sands of Kahala Beach Homeowner’s Association, is planning to place bulkheads in front of their newly acquired private property on the beach to prevent erosion from overtaking their homes and the highway running behind them.14 As for Severance, the Fifth Circuit noted the Texas Supreme Court’s declaration that “Texas law does not recognize a rolling easement created by avulsive events affecting the dry beach of Galveston’s

West Beach.”15 The federal court held that the Supreme Court’s answer “reifies the claim of Appellant Severance to an ‘unreasonable’ seizure violation of the Fourth Amendment...”16 The court remanded the case to the federal district court for further proceedings in connection with her claim.17 Thus, litigation, expensive to both the State and those funding any further challenges to the Open Beaches Act, appears inevitable. And, of course, another hurricane season is only months away.

Val Perkins, a partner in the Government Affairs group at Gardere Wynne Sewell LLP, has 30 years’ experience representing clients before the Texas Legislature and in public law related litigation matters. He has lobbied the Legislature and handled litigation on a wide range of topics including water use and rights, business, construction, healthcare, real estate development, water and wastewater, affordable housing, special district creation and other issues.

Endnotes 1.

2.

3.

4.

5.

Harvey Rice, Official Wants Judges Ousted For Beach Ruling, Hou. Chron., April 4, 2012.

Severance v. Patterson, 566 F.3d 490, 503-04 (5th Cir. 2009), certified questions accepted, 52 Tex. Sup. Ct. J. 741 (May 15, 2009).

Severance v. Patterson, No. 09-0387, 2012 WL 1059341, at *3 (Tex. 2012).

Id. at 11.

Id. (Medina, J., dissenting at 2).

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LEGAL TRENDS

Id. (Medina, J., dissenting at 2).

Id. (Medina, J., dissenting at 2).

8. Id. (Medina, J., dissenting at 8).

9. Id. (Medina, J., dissenting at 8-9).

10. Id. (Medina, J., dissenting at 17).

11. Id. (Guzman, J., dissenting at 1).

12. Id. (Lehrmann, J., dissenting at 2).

13. Garry Mauro with Jan Reid, Guest Column: Texas Beaches Are For the Public, Tex. Wkly., Vol. 29, Issue 20, May 21, 2012.

14. Harvey Rice, Galveston Beach Homeowners Prepared to Exert Rights, Hou. Chron., May 9, 2012.

15. Severance v. Patterson, No. 07-20409, at 1 (5th Cir. filed May 21, 2012).

16. Id. at 1.

17. Id. at 2.

6.

7.

The Texas Supreme Court’s Emphasis on Private Property Rights Continues

S The Houston Lawyer

By Val Perkins everance v. Patterson is the most recent of a troika of recent Texas Supreme Court decisions confirming individual property rights at the expense of state or local governmental entity regulation.

This trend started on January 27, 2012, when the Texas Supreme Court ruled in City of Dallas v. Stewart, No. 09-0257, 2012 WL 247966 (Tex. 2012), that a property owner’s appeal of an administrative nuisance determination made by a city’s building standards commission required independent, de novo appeal in the district courts. The case is noteworthy because courts, including the Texas Supreme Court, have long held that the govern-

42

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ment commits no taking when it abates a public nuisance in Texas, so long as it follows the procedural requirements of Chapter 214 of the Texas Local Government Code. The Stewart Court held that the city’s nuisance determination and a trial court’s affirmance of that determination under a substantial evidence standard were not sufficient. This case is causing many Texas cities to tread carefully in making nuisance or substandard building determinations.

The trend continued in Edwards Aquifer Authority and State of Texas v. Day & McDaniel, No. 08-0964, 2012 WL 592729 (Tex. 2012) (discussed in the March/ April 2012 issue of The Houston Lawyer), where the Court held that an individual ownership of land includes an interest in groundwater beneath that land that cannot be taken from the landowner without adequate compensation. That result has called into question the entire permitting authority followed by the 96 groundwater districts in Texas, such as the Edwards Aquifer Authority and the Harris-Galveston Subsidence District. In some fashion, these districts all regulate the drilling and use of groundwater within their boundaries. Some have already been sued by landowners who claim that their property rights have been denied without compensation by limits on their ability to pump groundwater beneath their property. Day has raised a plethora of legal questions that remain to be answered.

Now, the Severance opinion has thrown the state’s enforcement of the Open Beaches Act into a similar legal quagmire, with there being no certainty regarding whether the state can continue to demand unfettered access by the public to the beach over what is now privately-owned property and whether governmental entities along the Gulf Coast can regulate dune renourishment, for example, in the face of individual ownership of the “dry beach.”

Substantial litigation in all of these areas undoubtedly will be the result.

Media Reviews

Raising the Bar: The Crucial Role of the Lawyer in Society

By Talmage Boston Published by The State Bar of Texas, 2012 211 pages

T

Reviewed by Robert W. Painter he very nature of the practice of law requires the typical attorney to yield control of his or her schedule to courts, clients and countless others. We grapple with the competing demands for time every day, and live in a society where attorneys are often viewed with scorn and suspicion.

In this context, it is easy to miss the forest for the trees. It is easy to forget why we became lawyers. And it is easy to overlook lessons we could learn from the successes and failures of the past. Talmage Boston’s new book, Raising the Bar, provides a respite for attorneys to appreciate the forest.

The book starts with a discussion of how Abraham Lincoln and the fictional character Atticus Finch inspired countless people to pursue the dream to become a lawyer.

Drawing largely from primary sources, Boston discusses principles that guided Lincoln’s law practice and how his legal experience enabled Lincoln to become one of our most effective and beloved presidents. I particularly enjoyed the practical tips from Lincoln’s notes for a law lecture, which included a call for infusing a tone of morality on the law and scrupulous honesty of attorneys. While this is rather standard fare for any ethics CLE, the examples from Lincoln’s life and practice underscore their importance. Boston also described what he called Lincoln’s “emotional intel-

Media Reviews

ligence,” which includes self-control and consummate tact. This reminded me of the Texas Lawyer’s Creed: A Mandate for Professionalism.

Boston then moves on to cover life and practice lessons from, in his opinion, the two most important lawyers of the last 50 years, Leon Jaworski and James A. Baker, III. If you need to renew a sense of confidence in why you chose this profession and the positive impact lawyers have on society, you need to go no further than chapter two of this book. Through a discussion of the significant career milestones of these two Houston lawyers, one is reminded of the importance of meticulous preparation, ethics, strategy and tactics. Jaworski and Baker were highly competent and steady hands that helped guide our nation—and freedom as a whole—during challenging times. There is much to learn from both of them.

Although this book covers additional topics, the last that I will address is the chapter that deals with Theodore Roosevelt. Like many others, I am a fan of this Roosevelt’s presidency, but there is a lot to learn from his post-presidency as well. Relying on solid recent historical works, Boston discusses how this highly competent and effective leader’s life unraveled after his presidency, to the point that he seemed to lose intellectual, physical and emotional control and died at the young age of 60.

This causes the reader to reflect on the need for temperance and times of rest.

Our bodies simply cannot sustain the toll of decades “in the arena” uninterrupted, without taking the time for renewal.

I recommend that you pick up this book, reacquaint yourself with the big picture of law practice and learn some valuable lessons from the lives of notable leaders.

Robert W. Painter is a member of Painter Law Firm PLLC, where he handles primarily medical malpractice and brain injury cases. He is an associate editor of The Houston Lawyer.

Typography for Lawyers: Essential Tools for Polished & Persuasive Documents

By Matthew Butterick Jones McClure Publishing, 2010

L

Reviewed by Sammy Ford IV egal texts are rarely described as beautiful. And when they are, it’s usually because the language is clear, lucid, succinct, or otherwise has some quality that legal writing instructors, and presumably lawyers, have come to value. The actual layout of the document, except to some persnickety individuals, is rarely of interest.

This state of affairs is not surprising.

Law is not an aesthetic profession. And very little legal education makes even the barest demands on a student’s sense of style. Introductory legal research and writing classes focus on Bluebook formatting.

But it doesn’t have to be this way. Matthew Butterick’s Typography for Lawyers, which began life at www.typographyforlawyers. com, seeks to change that.

According to Butterick, we “are already a typographer... every time [we] put words on a page;” therefore, “legal documents are governed by the same rules of typography as any professionally typeset book, newspaper, or magazine.” With lawyers doing much of their own drafting in word processing programs that have great but often unused formatting capabilities, the time has come for some attention to be paid to the look of the document, not only its content. But content can benefit from this new focus as well. Following typographi-

cal rules “conserve[s] the most valuable resource you have as a writer—“reader attention.”

After making the case for why typography matters, Typography for Lawyers offers rules for type composition, text formatting, and page layout. Each section is further broken down into basic and advanced rules. As careful writers will debate various grammar and style points – oxford comma or no, for example—so will careful stylists debate points of typography.

Butterick’s examples are likely to be somewhat surprising to our conservative profession. Fonts are one example. Every blank Microsoft Word document defaults to Times New Roman. Butterick’s argument that “Times New Roman is not a font choice so much as the absence of a font choice... To look at Times New Roman is to gaze into the void.” Instead, the book suggests a list of other fonts to use in Times New Roman’s place, including the star of the 2007 documentary, Helvetica.

Another rule the book proposes that will likely be hotly disputed by many lawyers: use one space between sentences, not two. Most legal writers place two spaces between sentences. Butterick convinces that this is the minority practice among all other writers. Newspapers, books, and magazines only place one space between sentences. One space is also recommended by style guides such as Garner’s The Redbook and The Chicago Manual of Style and by the United States Court of Appeals for the Seventh Circuit.

Some rules are unlikely to be followed at all by most lawyers. Most will not buy professional fonts, as Butterick suggests, and will instead continue using those that come standard with Windows and Mac OS X. And it is pretty obvious that mountains would move (and maybe laws would need to change) before contract drafters were convinced to adopt Butterick’s suggestion to avoid using all caps for more than one line. But Typography for Lawyers makes continued on next page thehoustonlawyer.com

May/June 2012

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placement service

PLACEMENT POLICY

The Placement Service will assist HBA members by coordinating placement between attorneys and law firms.

The service is available to HBA members and provides a convenient process for locating or filling positions.

1. To place an ad, attorneys and law firms must complete a registration record. Once registration is complete, your position wanted or available will be registered with the placement service for six months. If at the end of the six-month period you have not found or filled your position, it will be your responsibility to re-register with the service in writing.

2. If you are registered, resumes will be sent out under their assigned code numbers. Once a firm has reviewed the resumes, they are to contact the placement office with the numbers they are interested in pursuing. The placement coordinator will then contact the attorney, give him/her some background information on the inquiring firm, and the attorney will then let the coordinator know if he/she wishes personal information to be released to the firm. This process will insure maximum confidentiality and get the information to the firms and attorneys in the most expedient manner.

3. In order to promote the efficiency. PLEASE NOTIFY THE PLACEMENT COORDINATOR OF ANY POSITION FOUND OR FILLED. 4. To reply for a position available, send a letter to Pplacement Coordinator at the Houston Bar Association, 1300 First City Tower, 1001 Fannin St., Houston, TX 77002 or e-mail Brooke Benefield at BrookeE@hba.org.

Include the code number and a resume for each position. The resume will be forwarded to the firm or company. Your resume will not be sent to your previous or current employers.

PLACEMENT DEADLINES Jan. 1 Jan./Feb. Issue Mar. 1 March/April Issue May 1 May/June Issue July 1 July/August Issue Sept. 1 Sept./Oct. Issue Nov. 1 Nov./Dec. Issue If you need information about the Lawyer Placement Service, please contact HBA, placement coordinator, at the HBA office, 713-759-1133.

Positions Available

Positions Wanted

5080 SEEKING ASSOCIATE LEGAL COUNSEL for Houston public pension fund. Approx. 4 years’ experience with retirement plans, employee benefits, administrative law, institutional investing or Texas local government law required. Background checks and drug testing. EOE.

2062 Very Experienced Trial Attorney intimately familiar with the mechanics and operation of the Commercial Mortgage Backed Securities (CMBS) industry, including the securitization process of commercial loans and the duties and responsibilities of Mortgage Loan Originators/Depositors, Underwriters of REMIC Trusts, 5094 ESTATE PLANNING Rating Agencies, Trustees, Ser– PROBATE ATTORNEY. vicers and Special Servicers.

SUGAR LAND. Board certi- Looking for in-house position. fied attorney, 33 year Houston area practice serving Harris/ the serves you Fort Bend counties, seeking associate attorney with adEnhance your vanced estate planning and probate experience. practice

HBA

If you need information about the Lawyer Placement Service, please contact HBA, placement coordinator, at the HBA office:

713-759-1133

Try the HBA advantage.

www.hba.org

Media Reviews from page 43...

many more suggestions that lawyers would do well to spend some time thinking about: to justify or not, 10 or 12 point font, and one or 1.5 inch margins.

One thing is certain. Any lawyer with an interest in writing, which should be every lawyer, stands to learn something from Butterick. Even if one disagrees with one of its rules or suggestions, at least one will have gotten into the habit of thinking about that most unfairly neglected aspect of the writers craft— form.

Sammy Ford IV is is an associate with Abraham, Watkins, Nichols, Sorrels, Agosto & Friend and a member of The Houston Lawyer editorial board.

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