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Achieving Success in Uncommon Places, by Common Means Mentoring Through the HBA Mentoring in the Profession and Community Shattering Barriers to Success: Mentors Important to Breakthrough Houston’s Mission Mentoring in Houston’s Law Schools

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THE HOUSTON

inside...

Volume 54 – Number 2

September/October 2016


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contents Volume 54 Number 2

September/October 2016

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FEATURES Success in Uncommon 10 Achieving Places, by Common Means Remarks of the Hon. Kenneth M. Hoyt at HBA MOILP Summer Luncheon

Through the HBA: 12 Mentoring Reinvigorated Program Positively Impacting Careers

By Jeffrey L. Oldham

in the Profession 16 Mentoring and Community Mentoring at 515 Rusk By Anna Archer

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Mentoring through Houston Volunteer Lawyers By CJ Chambers and Raymond L. Panneton

Mentoring through Big Brothers Big Sisters By Angela Dixon

Mentoring through MOILP By ZacH Wolfe

Mentoring through HTLF By Megan Daic

Mentoring at the Dispute Resolution Center

By The Hon. Josefina M. Rendon

Mentoring through United Way By Sophia L. Lauricella

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Mentoring through Communities in Schools By Anna Archer

Mentoring in a Large Firm

By Blair R. Loocke and Tony L. Visage

Mentoring in a Small Firm By Elizabeth Wyman

Important to Breakthrough 28 Mentors Houston’s Mission By Tara Shockley

The Houston Lawyer

in Houston’s Law Schools 30 Mentoring Professor Fernando Colon and the

corrections...

Values of Personal Mentoring

On page 12 of the May-June issue, the second to last sentence in the second column should have read, “The Houston Law School, a night school operated by Ewing Werlein, Sr. out of the Harris County Courthouse, showed several dozen graduates – and included some of the leading lights of the bar, despite its closing in 1946.” The incorrect year appeared in the sentence because of the managing editor’s error, not an error by the author.

Houston College of Law Students Prepare High Schoolers for National Moot Court Competition

By The Hon. Josefina M. Rendón

On page 34 of the July-August issue, the photos of 50-year members Donald Kent Eckhardt and Kenneth Earl Lanier were inadvertently switched. Corrected versions of both issues appear in the online magazine at www.thehoustonlawyer.com. 2

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thehoustonlawyer.com

By Claire Caton

Mentoring the Next Generation of Immigration Lawyers at the University of Houston Immigration Clinic By Geoffrey A. Hoffman



contents Volume 54 Number 2

September/October 2016

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departments Message 6 President’s Mentoring Makes a Difference

in Our Professional Odysseys By Neil D. Kelly

the Editor 8 From The Value of a Mentor By Jill Yaziji Lawyers Who 34 Houston Made a Difference

The Hon. Matthew W. Plummer, Sr. By The Hon. Mark Davidson

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Spotlight 36 Committee HBA Ambassadors:

By Lawyers, For Lawyers

By Farrah Martinez the record 38 off Tom McDade and The Caterpillar Club By Benny Agosto, Jr. Profile in professionalism 39 AVeronica Jacobs Legal Services Director Houston Volunteer Lawyers Trends 40 Legal Medical Malpractice

Chapter 74 Update

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By Robert W. Painter

Supreme Court Issues Opinions on Hearings and Damages in Trade Secrets Cases By Zach Wolfe ReviewS 42 Media Cyber Security Awareness for Lawyers Reviewed by Raymond L. Panneton

Wills and Estate Administration Reviewed by Raymond L. Panneton

The Houston Lawyer

44 Litigation MarketPlace The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonthly by The Houston Bar Association, 1111 Bagby Street, FLB 200, Houston, TX 77002. Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1111 Bagby Street, FLB 200, Houston, TX 77002. Telephone: 713-759-1133. All editorial inquiries should be addressed to The Houston Lawyer at the above address. All advertising inquiries should be addressed to: Quantum/ SUR, 12818 Willow Centre Dr., Ste. B, Houston, TX 77066, 281-955-2449 ext 16, www.thehoustonlawyer.com, e-mail: leo@quantumsur.com Views expressed in The Houston Lawyer are those of the authors and do not necessarily reflect the views of the editors or the Houston Bar Association. Publishing of an advertisement does not imply endorsement of any product or service offered. ŠThe Houston Bar Association, 2016. All rights reserved.

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president’s message

By Neil D. Kelly Andrews Kurth LLP

Mentoring Makes a Difference in Our Professional Odysseys

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he word “mentor” comes from the character Mentor in on behalf of the HBA. After the event, several students asked me Homer’s Odyssey, where he (or she) plays a key supportfor advice on law school and the legal profession. I started out with ing role. When Odysseus heads off to fight the Trojan unimpressive advice of “do as well as you can… study hard….” War, he relies on Mentor to teach and Aware that I was falling flat, I shifted to a conoversee his son, Telemachus. Homer elstructive conversation about why they were in Mentors evates Mentor’s status by having Athena, the Godlaw school, what they sought to achieve, and how improve their dess of War and Wisdom, assume Mentor’s form what they were doing in their studies and the opto accompany Telemachus’ search for Odysseus portunities available to them at their law schools communication when he cannot make it back home. With Menrelated to their goals. I tied in what I find valuand personal skills, tor’s help, Odysseus and Telemachus reunite and able in the HBA—opportunities to foster civility develop leadership among lawyers and the judiciary, community endefend the kingdom of Ithaca. Although written in antiquity, the character richment through service, and advancement of diand management Homer creates in Mentor is relevant today. And as versity and inclusion in the legal profession. qualities, and educated problem solvers, lawyers are especially I had a similar experience with a group of about qualified to serve the role Mentor played -- a trust20 students participating in Breakthrough Housdemonstrate ed advisor who helps others realize their potential ton’s Career Day this summer. The students all to others the to prevail and succeed. Our profession requires us come from economically challenged backgrounds importance to give reasoned advice, assess results, and comwhere none had interacted with lawyers, much municate effectively. less judges or courts, before. Along with attorney of community. As detailed in this edition of The Houston LawJosh Schaffer, Judge Maria Jackson, Judge Robert yer, there are several mentoring programs and activities sponsored Schaffer, and Justice Bill Boyce, HBA Executive Director Kay Sim by Houston lawyers to assist high school, college, and law stuand I explained what a lawyer does, how the law relates to their dents, and for new and experienced lawyers. While the programs and their parent’s lives, and how they can become lawyers. target different groups, they share the common purpose of creatThroughout the tours of the courtrooms, we were engaged in ing a structure to allow the exchange of ideas and strategies for extensive discussions in response to the students’ astute quesadvancement and success. Further, formal mentoring programs tions. At the end, we all got to hear from Mauricio Vazquez, a provide a structure and efficiency in facilitating the mentoring Breakthrough alumni in his third year of law school who had benrelationship by matching mentors to mentees and providing supefitted from Breakthrough’s formal mentoring program and inforport for mentor-mentee interactions. mal mentoring by local attorneys. The experience underscored Mentoring is not a one-way street that only benefits the menthat as lawyers, the wealth of knowledge and experience that we tee. Mentors improve their communication and personal skills, use to benefit our clients (and ourselves) needs to be used to help develop leadership and management qualities, and demonstrate to others succeed. We do not need to be goddesses in disguise like others the importance of community. I had that experience at a reAthena posing as Mentor. Our commitment to the profession and cent law student event in September where I gave a brief welcome our community is more than enough.

The Houston Lawyer

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from the editor

By Jill Yaziji Yaziji Law Firm

Associate Editors

Polly Graham Fohn Haynes and Boone, LLP

Preston Hutson LeClairRyan

Farrah Martinez Attorney at Law

The Houston Lawyer

Taunya Painter Painter Law Firm PLLC

Hon. Jeff Work Work Law Firm

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The Value of a Mentor

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Next, a series of articles covers mentoring in the s you turn the pages of this issue of The Profession and Community. Our authors highlight the Houston Lawyer, think about Judge Kenneth Houston Volunteer Lawyers, whose attorneys step in Hoyt’s remarks on how to achieve success. to mentor volunteer attorneys rendering legal services Success is found in uncommon places and outside of their practice area; how a Big by uncommon means, acBrothers Big Sisters member mentors a cording to Judge Hoyt, whose remarks young refugee in Houston; the Minorfrom last June demystify the concept ity Opportunities in the Legal Profesof “success.” Success is a long journey sion mentoring program; the Houston that sometimes starts with failure, vicTrial Lawyers’ Foundation program, tory achieved in a hostile environment, that mentors children to enhance their and perseverance through the tedious understanding of, and trust in, the le“middle mile.” gal system; the Harris County Dispute But success also depends on findResolution Center, mentoring attoring the ground to stand on during that neys on how to be effective mediators; middle mile, getting the right advice the United Way program, mentoring when a new or challenging issue conyoung adults on the ways of leadership; fronts a young attorney. In our profesRalph Waldo Emerson the HBA’s partnership with Communision, where the adversarial system and ties In Schools Houston, providing high schoolers with unforgiving procedural rules can be often daunting summer internships in the legal profession; and judicial even to the most steadfast of attorneys, the value of havmentoring of interns at the Houston federal courthouse. ing a mentor cannot be overstated. And, with so many The section concludes with two articles, one offering attorneys starting as sole practitioners fresh out of law tips for mentoring a new associate at a large firm, and school—according to the 2015-2016 Texas State Bar surthe other making the case for a mentoring network in a vey, sole practitioners account for 23% of all practicing smaller firm setting. attorneys, and those working in firms of 2-5 attorneys Then, our managing editor, Tara Shockley, writes for another 15%—having mentors becomes crucial to about Breakthrough Houston, a tuition-free program the individual attorney’s success and the reputation of that prepares promising students with limited educathe profession. tional resources for competitive high school programs This issue of The Houston Lawyer highlights the and college admission. The issue concludes with three mentoring opportunities available to attorneys and law law school mentoring programs—an immigration law students in Houston, and, equally, sheds light on how mentoring clinic at the University of Houston Law CenHouston attorneys engage in the community by counter, mentoring at the Thurgood Marshall School of Law, seling young Houstonians on education, achievement, and mentoring high schoolers for national moot court and the justice system. competition at the Houston College of Law. We start with a discussion of the HBA’s Professionalism In the words of Judge Hoyt: “there is so much ground Committee mentoring program, which was revamped to stand on…so many sources of strength to draw upon.” a year ago under then-HBA President, Laura GibDrawing on our own “sources of strength,” I want to son. Now, the program has 116 mentor/mentee pairs, thank our guest editors, Angela Dixon and Judge Josematched primarily by practice and geographic area. Jeff fina Rendon, and our editorial board members, all of Oldham discusses the mentoring relationship between whom researched and wrote the vast majority of these one experienced attorney and her mentee, a young law 15 articles on mentoring published in this issue. school graduate aspiring to be a solo practitioner.

September/October 2016

Our chief want in life is somebody who can make us do what we can.

thehoustonlawyer.com


BOARD OF DIRECTORS President

Secretary

Neil D. Kelly

Todd M. Frankfort

President-Elect

Treasurer

Alistair B. Dawson

Warren W. Harris

First Vice President

Past President

Benny Agosto, Jr.

Laura Gibson

Second Vice President

Bill Kroger

DIRECTORS (2015-2017)

Jennifer A. Hasley Hon. Erin Lunceford

Richard Burleson Diana Gomez

Daniella Landers Chris Popov

DIRECTORS (2016-2018) David Harrell Greg Ulmer

editorial staff Editor in Chief

Jill Yaziji Associate Editors

Polly Fohn Farrah Martinez Hon. Jeff Work

Preston Hutson Taunya Painter Editorial Board

Benny Agosto, Jr. Anna Archer Paul Bowers Heaven Chee Jonathan C. C. Day Jason D. Goff Al Harrison Jennifer R. Jenkins Hon. Scott Reiter Link Marni Otjen Hon. Josefina M. Rendon David Stockel Zach Wolfe

Anietie Akpan Erma Bonadero Christiane (C.J.) Chambers Kimberly A. Chojnacki Angela L. Dixon Amy Hargis Matthew Heberlein Sophia L. Lauricella Jeff Oldham Raymond Panneton Kate Shih Matthew D. Walker

Managing Editor

Tara Shockley

HBA office staff Executive Director

Kay Sim Director of Education

Director of Projects

Continuing Legal Education Assistant

Projects Assistant

Ashley G. Steininger

Lindsey Ham

Jessica Creamer

Communications Director

Tara Shockley

Communications Assistant /Web Manager

Ariana Ochoa

Bonnie Simmons

Membership and Technology Services Director

Ron Riojas

Membership Assistant

Sheena John

Receptionist/Resource Secretary

Lucia Valdez

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Achieving Success in Uncommon Places, by Common Means Remarks of the Hon. Kenneth M. Hoyt at HBA MOILP Summer Luncheon Editor’s Note: The Houston Bar Association’s Minority Opportunities in the Legal Profession (MOILP) Committee sponsors a summer clerkship program that is one of only a few such programs in the nation for first-year law students. Houston law firms, corporations, governmental entities, and courts support the program with the collective goal of creating new employment and mentoring opportunities. To mark the end of the program each summer, and to bring together summer clerks from offices throughout Houston, the MOILP Committee sponsors a luncheon featuring a panel or speaker that inspires students and attorneys alike. This year’s luncheon on June 7th featured Senior United States District Judge Kenneth M. Hoyt as keynote speaker. Nominated by President Ronald Reagan, Judge Hoyt received his commission in 1988 and was the second African-American federal judge in the State of Texas. Throughout a legal and judicial career spanning more than four decades, Judge Hoyt has mentored and inspired young attorneys by sharing his thoughts on the nature of success. 10

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The Hon. Kenneth M. Hoyt speaks to summer clerks at the MOILP Summer Luncheon.

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oday, I want to talk about achieving success in uncommon places, by common means. When I first came into the judiciary, I was often asked by young lawyers and even those my own age: How did you succeed? Tell me the steps that you have taken to get where you are? Tell me your story? There are three truths that I will share with you that I believe will help you appreciate success for what it is. First, there is a success that is disguised as failure; second, there is a success that must be achieved in hostile environments; and third, success is persevering through the middle mile. Joan of Arc, nicknamed “the Maid of Orleans,” is considered a heroine in France for her role during the Lancastrian phase of the 100 Year War. In 1431, she died at age 19; however, France’s liberation was not actually realized until D-Day, June 6, 1944. Five hundred years later, France finally experienced success. There is a success that is disguised as failure. There is also a success that must be achieved in hostile environments. Have you ever heard the story about the experiences of the 56 men who signed the Declaration of Independence in 1776? Twenty-four were lawyers and jurists; 11 were merchants; nine were farmers and large plantation owners. Most died with little to show for their high expectations and towering hopes. They built


castles in the air, and so many spirits, men their struggles were and women whom the foundations upon others thought had which their dreams failed but did not; yet, and hopes rested. So, they did not live to exwe do not write them perience the success off as failures because they actually achieved. “they pledged their Nevertheless, they lives, their fortunes, fought through hosand their sacred hontile environments that or.” In spite of their you and I might sit toJudge Hoyt with MOILP co-chairs, from left, Lavonne Hopkins, Farrah Martinez and Chevazz Brown. high expectations and gether, share a meal, hopes, they seized the moment—they and reflect on success. The middle mile is the place where were all in. In spite of misfortune, we Will I look beyond the obvious and the runner either masters the journey achieve success in hostile environments. easy alternatives and seize the opportuor it will master her. The middle mile is Finally, success is persevering through nity that providence presents no matthe place where self-worth is developed, the middle mile. Every runner knows that ter how it presents? Will I, when thrust where character is grown, and where the success means getting off to a good start, into torrid and unfriendly channels of word success takes on its true meaning – persevering through the middle, and finlife, look beyond all contemporary altersuccess is perseverance. ishing the race. Vance Havner records in natives, seize the strength that history Let me conclude with this thought: his essay, “In Tune with Heaven,” that it teaches is common to men and women of There is so much ground to stand on. is the middle mile that is the most difcharacter, and experience success from Never before in the history of America, ficult of the journey. It is the most overuncommon places?” whether you are black, brown, white, or looked part of the race. During the midWell, that is my story. There is a price Asian, has there been so much ground dle mile, adrenaline has been burned and to pay – it will cost you everything—but under your feet – so many alternatives, so the crowds are no longer there to inspire. the benefits are enormous. many sources of strength to draw upon;

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By Jeffrey L. Oldham

Mentoring Through the HBA:

Reinvigorated Program Positively Impacting

Careers 12

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or two decades, the Houston Bar Association’s mentoring program has sought to raise the competency and professionalism of the local bar by facilitating one-on-one relationships between new attorneys, those admitted to practice law, and more experienced attorneys. In the 2015-2016 bar year, as part of then-HBA president Laura Gibson’s initiative, the HBA’s Professionalism Committee, led by co-chairs Warren Harris, Professor Lonny Hoffman, and Chris Popov, took a fresh look at the entire program and made the decision to revamp it in an effort to make it more effective. First, the Committee worked to define the purpose of the mentoring program. The Committee believed it should not be a jobs program, according to Professor Hoffman. Instead, the program should support new lawyers as they start their careers by facilitating professional advice, whether for concrete questions like how to e-file documents, or for more general advice about good practice habits. The goal is to improve the practice skills of new lawyers so that they can adequately serve their clients, while also emphasizing professionalism. Second, the Committee focused on building a good support structure to help mentors and mentees. This included developing original programming and leveraging existing HBA programming for opportunities for mentors and mentees to meet in person. It also involved checking back with mentor/mentee pairs to make sure the matches were working. Third, the Committee sought to expand the program to reach more people, both by increasing the number of available mentors and seeking to attract new attorneys into the program. One year later, the results are very positive. The program matched 116 mentor/mentee pairs in bar year 20152016, which is almost double the number of matches from the prior year. The program held a kick-off breakfast CLE


event in January 2016 for mentor/mentee ton residents. pairs to attend, and sent emails promotBy the accounts of one mentor/mentee ing other events that they could attend pair, the program is working exactly as together. The matching process is a critical part of a successful mentoring program, and is also one of the biggest challenges. Professor Hoffman, who spearheaded the pairing efforts, said the committee tried to match by geography, in addition to prac- Kickoff breakfast for the re-charged HBA mentoring program. tice area, in order to improve the chancdesigned. Penny Shaw, who has sixteen es that mentor/mentee pairs can meet years of experience as a lawyer in both in person. The Committee also tried to Florida and Texas, now has her own account for other demographic fits, such practice in Houston since moving back as matching law schools or making sure to Texas in 2010. Ms. Shaw decided to that new attorneys who were not from sign up as a mentor because she rememHouston are paired with longtime Housbered what it was like starting out on

her own, where the lack of experience is a significant challenge. Timothy Clark, who passed the bar exam in February 2014 and works fulltime as a supervisor for Keeshan and Bost Chemical Company, is also developing a legal practice on the side. Clark hoped that through the program he could meet someone who could give him advice and direction, be a resource, and help him improve as a lawyer. Shaw and Clark have met periodically on an informal basis in person or by phone, and Clark feels comfortable in calling Shaw whenever he has procedural questions about forms, filings, or basic practice questions. “You can’t put a price on” getting this kind of advice as a new lawyer in a solo practice, Clark said; without

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it, “you’re out there on your own.” Shaw has become a go-to person for career guidance, practice tips, and points in the right direction for Clark. When Shaw did not know the answer to questions, she would put Clark in touch with others who specialize in the area, which has led to Clark having good working relationships with some of those contacts. In this way, Shaw emphasizes, the mentoring program contributes to networking, which helps new lawyers build contacts at the same time as they learn practical skills. And having a mentor gives new lawyers—especially those on their own—a level of comfort that they can be competent to help their clients in a variety of areas. For Shaw and Clark, the pairing could not have been better to facilitate a positive experience, including the fact that Shaw’s practice area matches up well with Clark’s interests. Both also had non-traditional backgrounds before entering legal practice, which they say

made the pairing even more natural and helpful. Shaw was married with four children when, right after she took the Florida bar exam, her husband unexpectedly passed away. She started doing volunteer work, which evolved into the start of her own law practice that, years later, she transitioned to Texas when she moved back to Houston. Clark, meanwhile, worked in construction for 25 years before becoming a full-time supervisor at the chemical plant in 2005, and he went to law school on nights and weekends before graduating in 2013. Mentoring is contagious, and this relationship proves it. Shaw recounted a mentor she had in Florida, who taught her about legal practice both during and after law school. According to Shaw, her only “complaint” about the HBA program is that she has not been able to mentor more lawyers through the program. And Clark, grateful that the HBA placed him with Shaw, already talks about wanting to offer himself as a men-

tor when he gets enough experience. According to Professor Hoffman, who is co-chairing the Professionalism Committee in 2016-2017 with Jennifer Hasley, Chris Popov, and Shannon Quadros, the Committee “hopes to keep the momentum going.” The Committee is now meeting to prepare for the influx of new attorneys that pass the bar exam this November. “It’s been an honor to be a part of the HBA’s mentoring program for the last couple of years,” Professor Hoffman remarks. “The program has so much to offer in terms of support and encouragement to new lawyers.” For information on signing up as a mentor or mentee, please contact Ron Riojas at ronr@hba.org or (713) 7591133, or visit http://www.hba.org/membership/mentorprotege-program/. Jeffrey L. Oldham is an appellate partner at Bracewell LLP and is a member of The Houston Lawyer editorial board.

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Mentoring in the Profession and Community

Mentoring at 515 Rusk Federal Judges Make Time to Mentor Young Attorneys

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By Anna Archer ederal judges have extremely busy and diverse dockets and could easily say “I am too busy” or “I am too important” to mentor students and young lawyers. But that is not the attitude of the federal judges at the Bob Casey Federal Courthouse at 515 Rusk. On a typical summer day, visitors to the courthouse will find it bustling with student interns who are eager to learn more about the law, and the interns will encounter numerous federal judges who are more than happy to play a role in the interns’ professional development. Most of the judges at 515 Rusk have one or more interns in the summer who spend six weeks in the judges’ chambers. The interns generally spend their time observing court U.S. District Judge Gray Miller talks with Universiproceedings and performing legal research ty of Houston Law Center intern Donna McIntosh. and writing for the judges. However, the in- Photo by Elena Hawthorne, UHLC. ternship programs are catered to the specific judge’s chambers, so each judge’s program is different. Despite the differences, all of the interns who are fortunate to intern at 515 Rusk have the opportunity to work directly with a federal judge and engage in an informal mentoring relationship with that judge. Without exception, the judges take this role seriously. One judge who has a particularly strong internship program is the Honorable Jeff Bohm, a United States Bankruptcy Judge. Judge Bohm typically has ten to fifteen interns each summer, and his interns are always very excited about how much they learn while working in his chambers. Bernardo Sada-Paz, who interned for Judge Bohm during the first half of the summer this year, says: “Few mentors have made an impact on me during my career as much as Judge Bohm was able to do in six short weeks. Beyond teaching us the ins and outs of bankruptcy law, Judge Bohm truly wants his interns to succeed in the practice of law. I benefited greatly from the amount of time he dedicated to us on a daily basis as well as from the excellent practical advice that he provided for our future legal careers.” Inge Pasman who interned for Judge Bohm during the second half of the summer, notes that Judge Bohm is always willing to help each intern further his or her legal career and provides education about the business side of law practice. According to Emily Buchanan, a former law clerk at the U.S. District Court, Judge Bohm views almost anything as a teachable moment. And teaching for him is an interactive process, usually involving a white board and all the interns and clerks. Asking questions is encouraged, and interns understand and appreciate that. Buchanan notes that Judge Bohm mentors his interns on law as a career and a profession and that his interns learn far more than bankruptcy. Judge Bohm provides insight about firms, teaching, and other options they may have after earning their law degrees. He actually gets to know his interns and talks with them about their individual goals. Judge Bohm modestly states that he “does the best [he] can with his interns.” Some of the judges at 515 Rusk extend their mentoring of students beyond the interns who work in their chambers. For instance, several of the judges take time to sit down


and talk with all of the interns in the building during weekly “Brown Bag Lunches.” During these lunches, interns learn about the day-to-day challenges faced by the different types of judges in the building—bankruptcy, magistrates, district court, and appellate—and also become privy to coveted practice tips from esteemed federal judges. For instance, during the bankruptcy Brown Bag Lunch, the interns learned that it is best not to advise the bankruptcy court that you do not “normally” practice bankruptcy law because this admission signals that the attorney is not sufficiently prepared for the proceeding. Even judges who do not have formal summer internship programs find ways to mentor the interns who flood the building during the summer months. For instance, the Honorable Keith Ellison, a United States District Court Judge, mentors summer interns via informal meetings in his chambers following interesting proceedings the interns have observed in his courtroom. He gives great tips about what internships and jobs will be beneficial for certain career paths, and he sometimes discusses challenges that he has faced as a federal judge. Judge Ellison’s mentoring does not stop with law-school interns. He also mentors at least one high school student each year through the EMERGE program, and encourages his current and former law clerks to do the same. The EMERGE program’s mission is “to develop high-achieving students from underserved communities to be the next generation of leaders by preparing them to apply, attend, and graduate from the nation’s top colleges and universities.”1 This year, Judge Ellison participated in the “Take a Fellow to Work” program through EMERGE. Three local students had the opportunity to shadow Judge Ellison for a day. In addition to observing Judge Ellison’s regular docket, students could sit down with Judge Ellison and some other well-known lawyers to discuss the legal profession. One of the students, Katherine Umana, confirmed during this conversation that she wants to be a lawyer. She also learned, through talking with Judge Ellison after observing several criminal sentencings that, “while earning a law degree would be challenging, in the end it [would] be worth it, because [she] could have the opportunity to use [her] conscience to impact the life of a person.”2 The judges at 515 Rusk understand all too well that as lawyers and judges they can impact people’s lives, and one of the ways the judges do this in a tangible and lasting way is through mentoring, whether formal or informal. The students who have received this mentoring start the practice of law ahead of the curve because they have already gained insight from a lawyer at the top of his or her field. The lawyers and litigants in the Houston area all benefit from having such able jurists who are willing to spend a little extra time to help students who may, in the future, practice in Houston courts learn how to be better lawyers. Anna Archer graduated from the University of Houston Law Center in 2006 and works as a career law clerk for the Honorable Gray H.

Miller. She interned for the Honorable David Hittner during the summer of 2004. Endnotes 1. Emerge, About Us, http://www.emergefellowshiporg/#!ourmission/clf4. 2. See Emerge, Blog, http://www.emergefellowship.org/#!Take-A-Fellow-toWork-US-District-Judge/c240y/56face310cf2e3ce9bb2983b.

Mentoring through Houston Volunteer Lawyers Making Justice Happen

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By CJ Chambers and Raymond L. Panneton ounded in 1981 by the Houston Bar Association, Houston Volunteer Lawyers (HVL) provides free legal assistance to thousands of indigent Houstonians each year. As a nonprofit service of the Houston Bar Association, HVL seeks to fill the gap in the civil and family justice systems by connecting eligible low-income citizens to qualified, volunteer attorneys. HVL receives over 30,000 requests for legal assistance a year, in which HBA volunteer lawyers provide over $4,000,000.00 in free legal services. Staying true to their mission, HVL represents clients in civil matters, such as family law, guardianships, estates, probate, tax disputes, landlord-tenant disputes, home ownerPeter Bennett, right, accepts an award for outship, and consumer standing service to HVL from 2015 Houston Bar issues to name a few. Foundation chair William R. Buck. As inquiries come into HVL, each case is carefully screened, the client is evaluated for eligibility, and ultimately matched with a qualified attorney volunteer. Many times, the volunteer attorney is assigned a case outside their practice area and will need assistance from an experienced lawyer. This is where HVL steps in. HVL has staff attorneys, as well as several volunteer attorney mentors, experienced in the same areas of practice as cases assigned to volunteer attorneys. Assistance from an HVL attorney-mentor may be in the form of providing a necessary form or documentation to attending a hearing with the volunteer attorney. Mentors thehoustonlawyer.com

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go above and beyond to assist volunteer attorneys where needed. One mentor who deserves recognition is Peter Bennett, who has donated much of his time to HVL and has supported hundreds of volunteer attorneys. Peter, a Houston solo practitioner, has been an HVL volunteer attorney for the past eight years. He has much experience in construction defect cases, trusts/estate planning, guardianships/ heirships, and various types of divorces, among others. While he directly assists clients through HVL in these practice areas, Peter also finds great value in mentoring other HVL volunteer attorneys. When called upon, Peter has provided dozens of forms, reviewed various types of work-product, shown up to court and has even engaged as co-counsel. Peter’s goal is to ensure that newer HVL volunteer attorneys have a positive experience in accepting pro bono cases, noting that “my job is to take care of my fellow volunteers to make sure they have a good experience so they continue to volunteer and take on new cases.” As an example, Peter assisted another attorney by standing in line at the Social Security office with a blind woman in the heat of the summer for two hours, to advocate how she did not owe $20,000 in taxes. At the end of the meeting, due to a miscalculation, the woman was owed $7,000. In recognition of his service, Peter has been awarded the Houston Bar Foundation Outstanding Solo Award six times in the past eight years, as well as the Harris County Bench Bar Pro Bono award twice. Peter’s experience is similar to other mentors’ and is crucial to

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fulfilling the goals of HVL. For those interested in becoming an HVL volunteer attorney, the best way to get involved is through the HVL Saturday Legal Advice Clinics. These intake clinics are held at various community centers throughout the Houston area and are typically held on the first and third Saturday of each month. The clinics are free and begin at 9:00 a.m., ending at noon or until the clinic is at capacity. Clinics also are offered in other locations, including the Chinese Community Center on the third Wednesday of the month and the VN Teamwork Center on the second Thursday of the Month. Peter also often volunteers for these clinics. A legal advice clinic for veterans is offered every Friday, from 1:00-5:00 p.m. at the Michael E. DeBakey VA Medical Center, and in the mornings on some Saturdays in outlying counties. Attorneys who have a special interest in serving veterans are welcome to volunteer. Attorney-volunteers do not need to have previous clinic experience for these events, and HVL ensures that more experienced volunteers are available as a resource at these clinics. For more information, please email HVL at info@hvlp.org, call them at 713228-0735 or visit www.makejusticehappen.org. CJ Chambers practices insurance defense litigation with Doyen Sebesta, LTD, LLP. Raymond L. Panneton practices with Kerr, Hendershot & Cannon, PC. He is a member of The Houston Lawyer editorial board.


Mentoring through Big Brothers Big Sisters A Bond for Life

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By Angela Dixon ary Isensee first learned about the Big Brothers Big Sisters program from her older sister. “My sister was a Big years ago, so I was familiar with what it means to be a Big,” she says. After graduating from law school, Mary knew that she wanted to give back and make a difference in people’s lives, and she got the chance to do so with her “Little,” Benedicte, a refugee from the Congo. “I work in a transactional practice and it is great, but you can get lost about the bigger picture of life and being part of a community,” she reflected. An associate at Sidley Austin LLP,

Mary handles business transactions in finance and energy. She saw Big Brothers Big Sisters as a way to give back and have fun at the same time. Mary was matched with her Little Sister, Benedicte, now Mary Isensee, right, with her Little Sister, 17, when Benedicte Benedicte was only 14. The pair often venture out into the city on all types of adventures, from hanging out at Starbucks to going to the movies, visiting Hermann Park and Discovery Green. As a birthday treat Mary granted Benedicte’s wish of going to Trinity African Bar and Grill. Bénédicte wanted to try a place that served her homeland native cuisine. And now that her Little will be graduating from high school next year, Mary has taken her on college road trips visiting schools like Texas A&M and the University of Houston. “I want her to be prepared for college; so we have been looking at websites and brainstorming about her plans and goals,” says Mary. One of the pair’s most memorable outings took Mary and Benedicte on a sailing trip in Kemah. “The Sailing Angels pro-

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gram invited us and several other [Big Brothers Big Sisters] matches down for an afternoon tour,” Mary said. The two enjoyed being on the water and spending quality time together. Mary noted what she is most proud of is that her Little has often said her favorite thing to do is to just spend time with her. While there is always fun to be had in the Big Brothers Big Sisters program, Mary stressed that the program’s goals are to form strong relationships with the “Littles,” and provide each one with a mentor to go to for advice and guidance. Mary has noticed positive changes in Benedicte from the time they first met. “She has gained more confidence and expresses herself more easily,” says Mary. Benedicte’s father also noted that the Big Brothers Big Sisters program has had a positive effect on Benedicte. Mary said that “Benedicte wants to be in the medical field, so she spends time learning about the field and various career options.” When asked what it is like to have a Big Sister, Benedicte says, “As a refugee, I never thought I would have someone else care about me in this new country other than my parents. My Big Sister Mary always shows me that there are more options and solutions to everything, showing me not to give up. Every day with her we get to explore and learn new things together, making our own adventures.” In addition to having an influence on her Little, Mary has also inspired her friends to explore Big Brothers Big Sisters. “I enjoy the program so much that I always tell others about it,” she said. “Three of my friends have already started the process and another lawyer friend was inspired to serve as a mentor one day a week.” Mary is also a board member for the Young Professionals Group of Big Brothers Big Sisters, a program that encourages young professionals in the Greater Houston area to engage with Big Brothers Big Sisters through professional development activities. The program sponsors social and networking events, coordinates volunteers, and promotes the mission of one-onone mentoring. Mary said something most people do not realize is that, “as a Big, you get so much out of the program. Most people do not realize that there is a lot of personal growth that takes place in you and it is amazing to experience it.” She is certain that she and her Little will remain close even when she ages out of the program next year. Big Sister Mary is also thankful to her firm Sidley Austin, which supports her involvement and understands her commitment to the program. She noted Sidley has sponsored several events for the Young Professionals Group and encourages its employees to get involved in community activities. To find out more about Big Brothers Big Sisters, visit www. bbbstx.org. Angela Dixon is a solo practitioner, a member of The Houston Lawyer Editorial Board and a former editor in chief. 20

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Mentoring through MOILP

From Being Mentored to Serving as a Mentor

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By Zach Wolfe ouston lawyer Katrisha Shirley knows firsthand the benefits of having good mentors and serving as a mentor. From the time she started law school, to the time she participated in the HBA’s Minority Opportunities in the Legal Profession (MOILP) Program, to recently becoming an associate with the litigation group at Vorys, Sater, Seymour and Pease, LLP, Katrisha has been fortunate to have many helpful mentors and has embraced the opportunity to give back by serving as a mentor to others. The HBA’s MOILP Program is one of the only summer clerk- Katrisha Shirley at her law firm. ship programs for first-year law students in the nation. Working with the career services offices at all three Houston area law schools, the MOILP Program, established in 1998, has placed 551 law students from diverse backgrounds in summer positions that provide work experience, mentoring, professional guidance and summer income, seeking to “level the playing field” for all law students. Katrisha also learned the benefits of mentoring early on at Houston College of Law, where she was a national moot court champion. As a 1L, Katrisha quickly realized the value of advice from faculty and other students, because “you don’t know what you don’t know.” She got to know 3L Alison Henderson, chair of the Board of Advocates, who helped her navigate law school with advice on courses and professors. Katrisha later worked with Henderson while clerking at Porter Hedges, where Henderson is an associate in the litigation practice group. Katrisha also cites Associate Dean of Advocacy T. Gerald Treece as an important mentor, appreciating the time he would take to attend practice sessions and to listen to arguments. In Katrisha’s experience, a willingness to spend your time helping others is key to effective mentoring. She gained more appreciation for this while working as a summer intern for Judge Debra Ibarra Mayfield. Despite her already busy schedule, Judge Mayfield took the time to meet with Katrisha weekly in chambers to


discuss reading material and to provide both personal and professional advice. Judge Mayfield would also make it a point to include Katrisha by asking her opinion on rulings and assigning her tasks such as reading the charge to the jury. “It’s one thing to watch from the sidelines,” Katrisha said, “it’s another thing to participate.” Katrisha’s experience at the court showed her that the opportunities for mentoring relationships are not limited to formal mentoring programs. This was also true of her experience with the HBA’s MOILP Program. Through that program, Katrisha worked as a summer clerk at Schwartz, Junell, Greenberg & Oathout, where she made connections with lawyers she still gets advice from today, including Jim Barnish and Kelli Gunter. “I grew up in Okinawa, and I am the first attorney in my family,” Katrisha said, “so MOILP gave me the much needed first step into the Houston legal community.” After working as a central briefing attorney for the Fourteenth Court of Appeals, Katrisha reconnected with many of the lawyers she met through the MOILP program when she joined Vorys. “I would not have gotten to know those lawyers that early without the program,” Katrisha said. “Those same connections opened and continue to open doors for me.” After all these positive mentoring experiences, it was only natural that Katrisha would take on a mentoring role of her own. Shortly after graduation, Katrisha began coaching moot court teams at her alma mater. Even while working full time at the Court of Appeals, Katrisha would spend 15-20 hours a week to help prepare a team of four students for competition. As an adjunct professor of gary 13710

Zach Wolfe is a trial lawyer with Fleckman & McGlynn, PLLC, where he focuses on non-compete and trade secret litigation. He writes a weekly blog on litigation topics: www.fiveminutelaw.com. He is a member of The Houston Lawyer editorial board.

Mentoring through HTLF

Trial Lawyers Empower Kennedy Elementary Students

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By Megan Daic or over twenty years, the Houston Trial Lawyers’ Foundation (HTLF) has partnered with John F. Kennedy Elementary School to provide an opportunity for trial lawyers to mentor children in the community. HTLF’s mission is to provide mentorship to children within

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Students from Kennedy Elementary with the Hon. Kyle Carter, on a visit to the Courthouse.

the community as a way of enhancing their understanding of law and justice; provide them with a safe, educational experience, and support them in their educational and professional endeavors. With activities ranging from HTLF’s involvement in the school’s Fall Festival and Holiday Party, providing bus trips to college campuses across the State and weekly classroom visits, to law firms adopting a classroom and the JFK Elementary Mock Trial program run by HTLF, lawyers throughout Houston have the ability to support and mentor students. Even after they retire, some of the trial lawyers continue to visit the classrooms on a weekly basis and stay engaged with the HTLF yearly programs. Through the mentorship program, lawyers and students have formed bonds that have lasted a lifetime. Some JFK studentmentees stay in touch with their mentors all the way through college and beyond. In recent years, lawyers have attended high school, and even college, graduations of some students they had mentored throughout the years. One of the highlights of the HTLF-JFK partnership is the annual “Kennedy Elementary (J.F.K.) Mock Trial” program. Started by trial lawyer Donna Roth, local attorneys work with students to help prepare them for a full mock trial in front of a sitting judge at the Harris County Civil Courthouse. “The Case of the Missing Cookies” gives Kennedy Elementary students the opportunity to participate as either a bailiff, witness, lawyer, or juror in a mock trial setting. Two classrooms are pitted against each other as the students advocate for the innocence of their homeroom teacher. Did Mrs. Martinez steal the plate of delicious chocolate chip cookies? Or was it Ms. Roohi? It is up to the jury to decide. In early April 2016, the fourth grade classes presented their cases in front of Judge Debra Ibarra Mayfield and Judge Kyle Carter. The professionalism, talent, and work ethics of these students is truly inspirational. KHOU Houston even reported on the event with a newscast titled, “Elementary Kids Learn Lessons in Real Courtroom.” 22

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HTLF will continue its efforts of empowering young students at Kennedy Elementary next year, not just through its mentorship program, but also by assisting with a book drive, donating uniforms and backpacks to disadvantaged students, volunteering at the school’s Fall Festival and end-of-year holiday party, and preparing them for their mock trial in the spring. Through HTLF’s efforts at JFK Elementary, local attorneys have an opportunity to give back to their community while instilling positive images, knowledge, and support to children who may otherwise have only negative experiences with the justice system. HTLF encourages all practicing trial lawyers to become involved within their communities to help create a better tomorrow. Adopting the motto From the Courthouse to the Community, HTLF volunteers understand the importance of mentorship and supporting one’s community. For more information, or to become involved, contact Rhonda High at Rhonda@htla.org. HTLF is always happy to bring on new volunteers! Megan Daic is an attorney practicing plaintiff’s personal injury and civil litigation at her firm, Daic Law. Megan is a member of the Houston Trial Lawyers’ Foundation and a proud mentor for the students at Kennedy Elementary.

Mentoring at the Dispute Resolution Center Tom Newhouse: Teacher, Mentor, Mediator By Hon. Josefina M. Rendon hen asked to do a piece on a mentor from Harris County’s Dispute Resolution Center (DRC), I immediately thought of Tom Newhouse. Just a week earlier, I had given a presentation at a DRC mediation training Professor Tom Newhouse

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when Tom, who was the next speaker, arrived. I found myself pausing my presentation to acknowledge his presence. He had been my law professor some 40 years ago and, although retired, there he was... still teaching, still smiling, still helping others. Though the DRC does not have a formal mentorship program, it does offer “informal” mentoring to mediators, based on requests and observations of the DRC Staff, explains, Nicholas Hall, DRC director. A DRC staff member is always available to mediators who volunteer at the DRC and Justice Courts. “Mediators often ‘debrief’ with staff members following a mediation session, or ask for suggestions during the mediation,” says Hall. “This provides an opportunity for the staff to make recommendations regarding approaches to different issues.” Hall agreed that Professor Newhouse is personally a great mentor to many fine mediators. Professor Newhouse did his undergraduate studies at the University of Notre Dame, J.D. at the University of Tulsa, and LLM at New York University. He became a professor at the University of Houston Law Center (UHLC) in 1966 where, besides mediation and dispute resolution, he taught Civil Procedure, Family Law, Labor Law and Legal Aid Clinic, among others. In 1989, he took the DRC’s basic mediation training and, ever since, mediation has been his passion. For 15 years he served as Course Director of the Mediator Training Program at the A. A. White Dispute Resolution Center at UHLC and as its Director for five years. Since the 1990’s, Professor Newhouse has also volunteered at the DRC as mediator and trainer. For his dedication to the DRC and mediation, he received awards for Outstanding Mediator in the DRC’s Family Mediation Program (1995) and the Houston Bar Foundation’s Longevity of Exemplary Service to the DRC Award (2008). Present at the Foundation luncheon where Professor Newhouse received his

award was Brian Tagtmeier, a 1992 graduate of the University of Texas School of Law. Tagtmeier had taken a mediation class from Newhouse in 2006 and soon thereafter started volunteering at the DRC and was then offered a job with A.A. White Dispute Resolution Center by Newhouse. “The rest is history,” says Tagtmeier, “1,400 mediations later; a lifetime of change and support from a brilliant man; and a better friend. I owe him thanks for making me care again about the law and helping people.” Professor Newhouse is also a Deacon at Saint Michael’s Catholic Church where, according to Parish Administrator Lehong Nguyen, he is known for his preaching, commitment to family and his great sense of humor. Annette Disch, a 1992 graduate of UHLC who took mediation training under Newhouse’s direction, also has great admiration for him: “[…] Tom is wonderful. He was a phenomenal teacher/ mentor with a true passion for mediation. He was an inspiration not only to

be the best I can be, but also to give and volunteer for those who can benefit from mediation, but cannot afford to pay.” Disch added: “I know that, at any time, I can contact him for advice, whether it is for business development, strategy, or how to handle a specific issue. I know that his true and relentless passion for mediation has inspired countless attorneys to be better mediators and better proponents of mediation.” The DRC was established by the Houston Bar Association in 1980 and contracts with Harris County for mediation services. To find out more about mediating through the DRC, visit www.harriscountytx.gov/drc or call 713-755-8274. The Hon. Josefina Rendon is a 1976 graduate of the University of Houston Law Center, a mediator and teacher of mediation. She is also an Associate Municipal Judge in Houston and an editorial board member of The Houston Lawyer.

THE POWER OF AN LL.M. DEGREE The University of Houston Law Center is home to renowned LL.M. specialty programs with two (Health Law and Intellectual Property) ranked in the Top Ten according to U.S. News & World Report. • Energy, Environment and Natural Resources- There is no better place to study the interrelated areas of energy, environment and natural resources law than UH Law Center located in the energy capital of the world. • Health Law- The Health Law & Policy Institute emphasizes interdisciplinary studies in all areas of health law and policy, and benefits from UH’s association with the Texas Medical Center, the world’s largest medical complex. • Intellectual Property & Information Law- The Law Center’s top-rated IPIL program is on the cutting edge as these disciplines rapidly evolve in the global economy. • International Law- Growing interdependence places a premium on lawyers who understand the intricacies of public and private international law. Houston holds a commanding presence in the global marketplace, and our LL.M. program capitalizes on the city’s substantial connections. • Tax Law- The LL.M. tax program provides the enhanced knowledge and practical skills needed to meet the challenge of successfully dealing with ever-changing tax laws. Apply Now for spring 2017 semester. For more information contact llm@uh.edu or visit law.uh.edu/llm The University of Houston is a Carnegie-designated Tier One research institution and an EEO/AA Institution.

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Mentoring through United Way Training Tomorrow’s Non-Profit Board Leaders By Sophia L. Lauricella

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very year it becomes increasingly popular for young professionals to seek out positions on non-profit boards. While volunteering time, talent and treasure are all noble gestures, the ability to competently do so is another matter. Enter, United Way of Greater Houston, which provides a basic board member tutorial for $20 every May, followed by a gala where prospective board members can meet some of United Way’s 65 affiliated non-profits actively seeking board members. The goal is simple: match the passion of the prospective board member to the mission of the non-profit. For those interested in investing their efforts to improve diversity within the community, United Way has developed a specialized non-profit training program known as “Project BluePrint.” According to United Way, Project BluePrint is designed to prepare emerging leaders in our multicultural community for leadership roles on nonprofit and public sector boards and committees. In order to be considered, a candidate must go through an application process after either being nominated by an alumnus of the program, sponsored by a company or self-nominating. United Way interviews each of the finalists before admission into the Project BluePrint program, which runs from March through May. During the program, participants attend an offsite retreat led by United Way, learn the basic responsibilities of non-profit boards, learn how to develop resources and the importance of fiscal management. Board training also provides prospective board members with the skills necessary to protect themselves from litigation by recommending the purchase of director and officer liability insurance policies. United Way can even recommend affiliates who sell D&O insurance policies to prospective board members. Other basic legal issues in which a board may look to an attorney for guidance are covered in United Way’s training programs. Non-profits are subject to the Sarbanes-Oxley Act, so compliance with the Act is critical. Sarbanes-Oxley was passed in 2002 in response to the Enron and WorldCom scandals. While the primary goal of the Act is to cover the responsibilities of a publicly traded corporation’s board of directors, the added penal24

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ties for criminal misconduct for such things as the destruction of evidence also apply to non-profits. Therefore, non-profits are required to maintain a whistleblower policy and a record retention policy. Project BluePrint also prepares prospective board members for the sort of employment lawsuits a non-profit may face. Specifically, EEOC complaints are chief among them with wage disputes coming in at a close second. Recent changes to the Fair Labor Standards Act with respect to minimum salaries and overtime pay are expected to affect non-profits in the coming year and will likely be an area where attorneys can lend a helping hand on a board. All this being said, participation in United Way’s Project BluePrint training program is designed to arm each prospective board member with the skills necessary to protect the mission of their chosen non-profit. To assist in attracting the right nonprofit for each candidate, United Way prepares a graduate profile featuring each prospective board member that is posted online to assist in proper placement. Those who want the mentoring and guidance that United Way can provide to help them add non-profit board experience to their resume can apply for Project Blueprint on United Way’s website, www.unitedwayhouston. org/, by November 4, 2016. Sophia L. Lauricella is a litigation attorney practicing in Texas and Louisiana. She also regularly volunteers at the Texas Children’s Hospital in conjunction with the Junior League of Houston, and she is a member of The Houston Lawyer editorial board.

Mentoring through Communities In Schools High School Students Gain Skills, Guidance

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By Anna Archer aryann Zaki, an associate at Sutherland Asbill & Brennan LLP, enjoys giving back to the community by being involved in various organizations, including the Houston Bar Association. Maryann co-chaired the HBA’s Communities In Schools (CIS) Committee during the 2015-2016 bar year. The CIS Committee partners with Communities in Schools, Inc. to provide summer internships


inside and out.” Maryann taught Amy to “always stay foin the legal profession to atcused on [her] work because everyone counts on each other risk high school students. to get everything done.” Maryann has directly menIn addition to the one-on-one mentoring that develops tored two high school stunaturally between students and individuals for whom they dents through this program work, students who participate in the program have the opand has mentored countless portunity to learn advocacy skills from lawyers through the other students through her yearly mock trial program. This year’s mock trial scenario participation in committee involved an 18-year-old who was charged with premediactivities, including a yearly tated murder after he shot his abusive stepfather. Attorney mock trial program. volunteers, including Maryann, take the time to teach stuThe CIS Committee does dent-participants the elements of a trial, keys to winning at not have a formal mentortrial, and how to be persuasive. ing program, but informal The students participating in the CIS program gain inmentoring relationships valuable mentors, like Maryann, who help them see the formed organically between rewards of working hard to achieve their goals. Studentthe students and employees Maryann Zaki and CIS intern Amy Guardado. participants also benefit immensely from the skills gained through the mock trial of the law firms at which the students competition and work experience. If you or your firm are interested in participating work. Maryann developed such a relain this very worthwhile program, contact Bonnie Simmons at the HBA via email at tionship with students Shantelle MartiBonnieS@hba.org. nez and Amy Guardado, both of whom not only earned money for college and gained invaluable work experience by Anna Archer graduated from the University of Houston Law Center in 2006 and works participating in the CIS program, but as a career law clerk for the Honorable Gray H. Miller. She interned for the Honorable also gained a mentor to help guide them David Hittner during the summer of 2004, and she is a member of The Houston Lawyer through important life decisions. editorial board. Shantelle worked with Maryann at Gray Reed & McGraw P.C. At the time, HOUSTON LAW REVIEW PRESENTS Shantelle was attending Jefferson Davis High School. While working at the firm, THE 21st ANNUAL Shantelle helped set up conference rooms, filed, and researched projects. She notes that Maryann often took the time to stop by, see how she was doing, and take her Reforming Campaign Finance to lunch. “Maryann was always willing to help and had a lot of great advice,” ShanFeaturing Samuel Issacharoff telle says. Shantelle now attends Houston Bonnie and Richard Reiss Professor of Constitutional Community College and keeps in touch Law at New York University School of Law with Maryann via text and email. She says that Maryann has “become more than just a mentor” and that she is “very blessed to have met her.” Friday, November 4, 2016, 8:00-11:00 a.m. Amy, who attended Sharpstown High JW Marriott Houston Downtown School and now attends Texas A&M 806 Main Street, Houston, TX 77002 University, also worked with Maryann

FRANKEL LECTURE

at Sutherland. While at Sutherland, Amy worked each week in a different department, which helped her learn about how the law firm operated. Amy says that Maryann always made sure that Amy had enough work to stay busy. According to Amy, Maryann is “the most dedicated person to her job”— a “beautiful person

Continental Breakfast Provided CLE Credit TBD To RSVP, email symposium@houstonlawreview.org

The University of Houston is Carnegie-designated Tier One public research university and an EEO/AA institution.

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Mentoring in a Large Firm Five Tips for Mentoring a New Associate

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By Blair R. Loocke and Tony L. Visage lair Loocke and Tony Visage are trial partners in the Houston office of Bracewell LLP. For eight years before Blair became a partner, Tony served as her supervising attorney and mentor. Based on their experiences in a large firm, the authors offer this advice for successful mentoring. Being a new associate can be daunting. Similarly, the transition from a new associate to a senior associate or partner brings new challenges, including supervising younger associates. A successful supervising lawyer does more than just monitor deadlines to make sure Blair Loocke that younger associates turn in projects on time; he or she takes the time and energy to mentor younger associates. We have, and continue to be, both mentors and mentees. Here are five tips for a mentor to consider: • Invest time and be honest. Providing Tony Visage honest feedback is immeasurably more valuable than glossing over a bad project. But it takes time and effort and, when a mentee/ mentor relationship is new, it can be awkward. Stick with it. Not taking the time to give your associate honest feedback is a disservice to both of you: the associate will not learn to address the issue, and you will miss the opportunity to practice with an even better attorney. 26

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Show your associate how his or her assignment fits into the bigger picture. Understanding how their assignment fits into the larger case strategy or transaction structure helps invest new associates with ownership in the case or deal. For instance, when the “smoking gun” email he found during document review is later used at a deposition or trial, the associate realizes he is an integral part of that line of questioning and of the overall case. Or, when an associate participates in a client meeting, the associate will have a face to put with her next assignment on the deal. The associate will not only be more involved in the case or deal, he or she will also begin to appreciate the complexities that go into the bigger picture. • Advocate for your associate. An advocate is one of most valuable things to have inside a law firm. An advocate aligns himself with someone else, here a younger and less experienced lawyer. But when you demonstrate that you are confident in an associate, other people begin to share in that confidence and the associate will gain more experience. Many of us are where we are today because we had an advocate pushing for us. Help your associate reach a place where you feel confident in supporting him or her and then provide that support publicly. • Maintain confidentiality. Trust is an important part of a successful mentor/mentee relationship. Developing trust takes time and honesty. When an associate comes to you with a personal issue, maintain the confidentiality of your conversation. If you cannot maintain confidentiality for some reason, be honest about that as well. • Show your associate that we are all still learning. Often we are so busy that we simply forget how much you can learn by watching a really good lawyer practice law— or how much you can learn by watching a really bad lawyer practice law. Whether you have been practicing for 10 days or 20 years, we are all still honing our craft. We are all mentors, and we are all mentees. Help your associate understand that the ongoing learning aspect of being a lawyer is part of what makes it fun and challenging. Each lawyer has an individual style in the courtroom or during deal negotiations; likewise, there is no one set way to mentor an associate. These themes have helped us in our roles as mentors and mentees, and we hope you will find them useful as well. Blair R. Loocke and Tony L. Visage are trial partners in the Houston office of Bracewell LLP.


Mentoring in a Small Firm The Benefits of a Network

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By Elizabeth Wyman lizabeth Wyman is a commercial litigator with Yetter Coleman. Prior to joining this small Houston firm, she was an assistant district attorney with the New York County District Attorney’s Office in New York City. Elizabeth offers insight into the benefits of informal mentoring through networks for smaller firms. “Mentorship” seems like a formal word for a formal relationship. As young associates, we are often encouraged to find a mentor—singular, just one—to help us grow and develop our skills as lawyers. I even remember reading an article that included advice about how to ask someone to be my mentor. It struck me as a rather intimidating request. Yet one of the advantages I have found in working for a small firm is that mentorship does not have to be such a formal thing after all. Rather, a series of informal mentorships can be just as beneficial–and even more advantageous in some ways–than a traditional singular mentorship. Rather than proposing a relationship with a single Elizabeth Wyman mentor, my firm introduced me to a number of people who were not only quite smart, but happy to discuss their favorite topics. And, as luck would have it, different lawyers find different topics to be interesting. In the three years I have worked at Yetter Coleman, I’ve had the good fortune to talk to and work with attorneys who know procedure backwards and forwards, and other attorneys who excel at taking depositions, and still others who draft powerful petitions. These attorneys have become an informal network of mentors. What are the advantages of a network over a formal mentorship? I see at least three benefits. First, although we lawyers hate to admit it, no one knows everything about everything. If I

limited myself to a single mentor, even one who is highly experienced, he or she may not be able to give me as much information on a given topic as a colleague sitting in the office next door. If one of the primary purposes of a mentorship is to help the mentee get the best advice possible, a subjectmatter expert may be more helpful than a single, designated mentor. Second, it is a fact of life that even well-meaning mentors are likely to be busy with their own work–and maybe, on occasion, a little too busy to walk me through every issue that crops up. Having a network I can turn to, rather than a single individual, takes the pressure off both the mentor and mentee. It allows for a more thorough, relaxed conversation, which will likely provide better guidance than anything rushed. Third, building these informal mentorships helps mentees get to know more of their co-workers on a deeper level, even if they have not worked on a case together. I truly believe this approach facilitates a positive, interactive environment within the firm. In fact, at this point in my career, it has been a nice turn of events that I now find myself on the mentoring side on occasion when newer associates have questions. There is no reason for anyone to stumble in the dark when a colleague has an answer–formal mentor or not. I am happy to help where I can or to refer someone to the resident guru when I cannot help. Formal mentorships certainly have their place. But for those associates with access to a number of smart, experienced lawyers, especially in a smaller firm, branching out may be even more fruitful. Elizabeth Wyman is a commercial litigator with Yetter Coleman LLP.

Give the Gift That Counts! Please consider supporting one of these HBA programs for the holidays: • AIDS Outreach Holiday Adopt-A-Family Program • HAY Center Holiday Party for Current and Former Foster Youth • Veterans Shelter Holiday Gift Bags

For more information, contact Bonnie Simmons at bonnies@hba.org or 713-759-1133. thehoustonlawyer.com

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By Tara Shockley

Shattering Barriers to Success:

Mentors Important to Breakthrough Houston’s Mission A

ll students have the aptitude to achieve. Sometimes, they just need to break through barriers to succeed. That is the mission of Breakthrough Houston (BTH), an academic enrichment and college preparatory program for some of Houston’s most deserving young people. The tuition-free program prepares promising students with limited educational resources for competitive high school programs and college admission. A

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second mission of BTH is to train the next generation of teachers through its “students teaching students model.” Established in 1996, components of BTH are housed at St. John’s School, Episcopal High School, and KIPP Academy. Students can apply in the sixth grade to begin the program the summer before they enter seventh grade. BTH has three components for its participating students: • The Summer Program provides seventh, eighth and ninth graders with classroom work on literature, writing, science, math and electives, as well as a Community Service Day and a Career Day. • The School Year Program is for seventh and eighth graders, who meet 12 Saturday mornings during the school year for English and math classes. When a student’s grade falls below 80, the student receives tutoring to ensure they maintain the high GPA required for admission to competitive high schools. • The College Bound Program keeps high school students on the path toward college admission with a mentoring program, SAT/ACT prep courses, college visits, college and career counseling, and help with resume-building activities like internships and community service. BTH also inspires high school and college students to pursue education careers by exposing them to hands-on classroom environments as teaching fellows, showing them the positive impact they can have on young students. HBA president, Neil Kelly, learned about the program through St. John’s School, where his children attend. Under his leadership, the Houston Bar Association will work with BTH to provide mentors for the College Bound Program that runs October through April. Mentors commit to meeting with assigned mentees at four designated sessions, as well as keeping in touch via phone calls, emails and online chats on a regular basis to discuss grades, extracurricular activities, community service, so-


cial life and other issues to keep them on and decided to volunteer with what had A case in point is BTH student Payton track to succeed. become Breakthrough Houston. He has Campbell. Her mentor is Keri Kimler “Houston is fortunate to have a program served on the BTH advisory board since Sprung, special assistant for Regenerative like Breakthrough Houston, and the HBA 2007, hosts summer tours of the Harris Medicine Research with the Texas Heart is proud to be a partner in its continued County courthouses, and arranges meetInstitute (THI). When THI hosted a casuccess,” says Kelly. reer day tour, Sprung “All lawyers have benwas inspired to set up a efitted from formal special internship proand informal mentorgram for Breakthrough ing, and Breakthrough students. Payton, who Houston’s mentoring wants to be a journalprogram provides you ist, interned in the an opportunity to revery same THI public turn to the community relations department. the investment others Now, as part of the Colmade in you.” lege Bound Program, As part of the enrollPayton has an externment application, both ship at the Houston Neil Kelly and Judge Debra Ibarra Mayfield during Role Model Day at St. John’s School. students and parents Chronicle and plans to sign a contract that apply to colleges with they will commit to journalism programs. the tenets of the pro“It was a match made in gram. According to heaven,” says HeinzerBTH executive direcling. tor, Kathy Heinzerling, Law and medicine most parents have a are at the top of the strong commitment career list for many to the program, eviBTH students. “A high denced by the fact that majority of our stu90 percent of BTH students are interested in dents are accepted into the field of law, so we college preparatory Judge Robert Schaffer with Breakthrough students during Career Day at the Courthouse. have a high demand for high schools, while 100 percent of BTH those in the legal profession” to serve as ings for students with local judges, who students in 2012-2015 were accepted into mentors, says Nwogwugwu. discuss careers in law and the importance college. “They are the parents who want “This program is changing lives, one of education. the best for their children, in terms of eduat a time,” says Schaffer. “It continuously “Many children lack confidence in cation,” she says. “They know it is a path to confirms my decision to invest my time themselves to translate their academic a better life, getting out of that low-income and resources in it because I know that it successes to their communities beyond the cycle.” works, plain and simple.” classroom,” says Schaffer. “When an adult Attorney Josh Schaffer has been inThe HBA is looking for attorneys who takes a genuine interest in the professionvolved with BTH for more than 20 years would like to serve as mentors in the Colal development of a young person, it can and has observed the powerful benefits of lege Bound Program. To find out more have a tangible impact on the course of BTH mentoring. He was a student at St. about the program and apply as a mentor, that person’s life. Positive mentorship can John’s when the school joined Episcopal please visit http://breakthroughhouston. be the difference between them launching High School in the Summerbridge Proorg/mentor/ or see the link at www.hba. into a successful career, versus foundering gram, where students were encouraged org. without direction after college.” to teach at programs for disadvantaged If you would like to learn more about Morris Nwogwugwu, director of stuyouth in other parts of the country. As a Breakthrough Houston, visit http://breakdent services for BTH, says the mentorresult, Schaffer taught at such programs throughhouston.org. ing aspect of the program is crucial. “Our in Manchester, New Hampshire and Denmatch process is very careful,” he says. ver, Colorado. After attending college and “We constantly get feedback from students Tara Shockley is the communications law school, Schaffer returned to Houston saying how much they love their mentors.” director for the Houston Bar Association. thehoustonlawyer.com

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Mentoring in Houston’s Law Schools

Professor Fernando Colon and the Values of Personal Mentoring By Hon. Josefina M. Rendón

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riting about Professor Fernando Colon is easy. All you have to do is ask his students about him and they will do all the writing. “Prof. Colon is one in a million. You walk into his office and he stops anything and everything he is doing to tend to your needs. All questions you ask him are valid, he always makes you feel smart, and, he treats all students with respect.” (Synthia Santiago, 2016 Thurgood Marshall School of Law [TMSL] graduate) “Colon is one of the greatest mentors Professor Colon, center, enjoys a playful moment with some of his students, who say his mentoring I’ve ever had. He truly cares about his has been invaluable to their legal education. students and wants us all to succeed even after we graduate and move on to the career world of law.” (Alexandria Salas, 2015 TMSL graduate and Assistant District Attorney in Cameron County) “[O]ther professors are available and do what they can for the students but Professor Colon goes way above and beyond. He’s just different, he’s genuine, he’s real and... he cares!” (Kendra Vega, a current 2L TMSL student) “Calling Professor Colon simply a mentor would be an injustice. He’s the abuelito (grandfather) that you find in every child’s storybooks. I say abuelito because you hear his heavy Puerto Rican accent in the hallway and your eyes light up and you just smile.” (Harrison McPherson, TMSL graduate and former U.S. Marine)

Fernando Colon is a law professor and Director of L.L.M. & Immigration Development at Thurgood Marshall School of Law. He joined TMSL in 1991 after obtaining an L.L.M. and a Master’s of Education from Harvard University. He has received numerous awards and recognitions for his outstanding work as a law professor. Known for his laughter, caring attitude and “pep talks,” Colon is often seen having lunches with or talking to students in his office. “He wanted to hear our thoughts and why the law backed us up or didn’t. He never shot down your thought but always had another way of making you think about your analysis,” says Alexandria Salas. A native of Puerto Rico, Colon has taught summer classes in the Island, inviting many TMSL students to experience life away from Houston. “While during the day we were inundated with immigration law, after classes, Professor Colon showed us the beauty of the Island and its culture. He took us to amazing


restaurants and introduced us to the people he grew up with. It was truly the trip of a lifetime, and I am forever grateful for his generosity and giving us the privilege of seeing the beautiful island,” adds Salas. These students had much more to say about Colon than can possibly be summarized in this writing. Their admiration and gratitude for him were palpable sentiments of his highly personal mentoring effect. “Because of him,” says Salas, “I became a better student, lawyer and most importantly, a better person. I just want to thank him for all the time he took to help me learn, to mentor me and teach me about life in general… I know if he reads this he’ll probably say that no thanks are needed. But, at the end of the day he deserves so much for the time and effort he puts into teaching and mentoring. Completely appropriately, ‘Gracias, Profesor!’” The Hon. Josefina M. Rendón is a mediator and Associate Municipal Judge in Houston. She is a member of The Houston Lawyer editorial board.

Houston College of Law Students Prepare High Schoolers for National Moot Court Competition By Claire Caton

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he national Marshall-Brennan Constitutional Literacy Project entered Texas this year, bringing substantial benefits both for the law students who served as teachers, and the high-schoolers who gained constitutional literacy through the program. Under the leadership of Sharon Finegan, Houston College of

Law professor, and Tommer Yoked, a Teach-for-America alumnus and associate at the Sidley Austin law firm, Houston College of Law students put to practice their classroom learning by teaching constitutional law and juvenile justice Houston College of Law students teaching constito Yes Prep High tutional law and juvenile justice to Yes Prep High School students. School students. The course was one-year long, for which the high school students received credit. After having completed their first semester course, more than 30 Yes Prep students participated in a moot court competition, arguing a fictional First Amendment case in different courtrooms throughout the law school. Judges, comprised of Houston College of Law faculty, practitioners, judges, students, and alumni, heard the students’ arguments and provided feedback on ways to improve their cases. At the conclusion of the two-day event–the first MarshallBrennan competition in the state –participating judges selected four student winners to progress to the national Marshall-Brennan moot court competition in Washington, D.C. These students visited the nation’s capital last spring to compete against high school teams representing approximately 20 national MarshallBrennan chapters, including those from Yale Law School, William & Mary Law School, and American University Washington College of Law, where the Marshall-Brennan Constitutional Literacy Project began. “The importance of teaching young students constitutional literacy is based on the premise that these high school students will forever benefit from understanding the rights and responsibilities they hold under the U.S. Constitution,” said Finegan. “Marry that with the belief that law students are an untapped resource whose own skills can be developed by teaching others within their community, and you have an incredible opportunity for all involved.” The Marshall-Brennan Clinic–part of the noteworthy Randall O. Sorrels Legal Clinics at Houston College of Law–is designed to tap into those law student resources and develop students’ knowledge about constitutional law principles, while simultaneously teaching high school students about their constitutional rights, civil rights, and responsibilities. According to Finegan, nine law students were chosen out of a pool of applicants based on their experience, enthusiasm, and dedication to making the significant time commitment required to serve as Marshall-Brennan teaching fellows. Beginning in August 2015, the law students attended Finethehoustonlawyer.com

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gan’s and Yoked’s weekly constitutional law seminar, where they learned key principles and developed pedagogical skills. The teaching fellows then divided into teams, with each team teaching two days a week. Participating law students gained knowledge of constitutional law while also honing their problem-solving, public-speaking, communication, and organizational skills. “The Yes Prep students really challenge us to reconsider what we’ve learned and to look objectively at the cases being presented in the media and through current events,” said Dominique Broadus, a Houston College of Law student and Marshall-Brennan teaching fellow. “They ask so many great questions, and we don’t always have the answers on the spot. But we have a respon-

sibility to seek out those answers, and that makes us better law students.” The benefit that high school students derive from the program is evident in their reflection on it: “Our law school teachers have a great connection with us and they make learning our constitutional rights fun,” said Devin Olvera, 19, a recent graduate of Yes Prep North Central. “They understand the best way to teach us because they know how they learned best. I discovered that no matter how good your argument is, confidence is key. That will help me meet other challenges in the future.” Claire Caton is the Manager of Public Relations at Houston College of Law, formerly known as South Texas College of Law.

Mentoring the Next Generation of Immigration Lawyers at the University of Houston Immigration Clinic By Geoffrey A. Hoffman

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he University of Houston Law Center Immigration Clinic was founded in 1999 and handles all types of family-based and humanitarian immigration cases. As the director of the Clinic, I mentor law students on a daily basis, consult with attorneys on their complex cases, and represent immigrants in their cutting-edge cases. The UHLC clinic went to the United States Supreme Court in 2010 after years of litigation and with the help of pro bono attorneys and legal aid organizations.1 The result was a landmark, 9-0 decision, Prof. Geoffrey Hoffman talks with law students Carachuri-Rosendo from the University of Houston Law Center’s Imv. Holder, in favor of migration Clinic. the immigrant. It helped thousands to prove they were not aggravated felons due to minor misdemeanor drug convictions, an especially harsh result that otherwise would have made any relief from deportation a virtual impossibility. That experience, among others representing immigrants at the Clinic, has been the high point of my career as an educator, lawyer, and mentor. The process of mentoring students (even after their gradua32

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tion as they try their first cases as attorneys) is rewarding and profoundly inspiring. It is an inspiration like no other. There is nothing better in one’s professional life than seeing a studentattorney apply a new concept, technique, or argument to win their case, obtain a great outcome for a client, and achieve social justice. Whether it is winning a case, getting a remand back to the immigration judge, reopening a final order of removal, or obtaining work authorization for a client, all of these actions help someone achieve their goals, to stay in this country lawfully, and ultimately (hopefully) achieve greater happiness, continuity, or family unity. But while the rewards are great, the road to success is never easy. Mentoring is hard work. It is not a linear endeavor and the unanticipated happens—often. The student or new attorney may make several false starts, be frustrated in the research, chase down rabbit trails and may not find any (apparent) good options at first. There may be many drafts, with exhausting edits and revisions. But the process that makes a good lawyer is one that teaches them eventually that the best advice anyone can give is to prepare hard. As immigration judges consistently advise students, preparation is the most important aspect of presenting the case. The old adage is correct: “Prepare for the worst but hope for the best.” Immigration law is especially difficult since it is so complex and at times there may not be any relief available. The odds of winning may be remote. On the other hand,


there may be colorable arguments, such as in the Carachuri case, which may have never been tried before. Many people thought it could not work. Even when the case lost before the immigration judge, the Board of Immigration Appeals, and at the Fifth Circuit, it was important to follow our faith, find a way, a path toward changing an unjust rule and righting an illogical outcome. Mentoring those in immigration cases is also important given the nature of legal representation before the immigration courts and agencies, where there is no right to counsel paid for by the government. Immigrants must find their own experienced attorneys and oftentimes they lack the means to retain them. The statistics are startling in that the majority of detained cases, and even many non-detained cases, go unrepresented. And the importance of having an attorney by the immigrant’s side cannot be overstated. In one study, the University of Syracuse found that representation makes a “14-fold difference” in outcome for “women with children” cases.2 Given this, I encourage all those in the legal community here in Houston to volunteer. There is such a great need in Houston. There is an overall 500,000 case backlog before the immigration courts and many are in Houston.3 I think of the great desire to help the unrepresented, and our legal community has mobilized to try to meet this need. As a member of the executive committee of the Houston Immigration Legal Services Collaborative, I have consulted with non-profits in Houston committed to helping im-

migrants.4 As a mentor to attorneys in town, I work with amazing non-profits who devote their time working toward social justice. These non-profits include Catholic Charities, YMCA, Tahirih, Kids in Need of Defense, Human Rights First, to name just a few in and around Houston. As a mentor and teacher, I would implore Houston attorneys to engage with these and other great organizations, volunteer, take on a case or two, and work toward the goal of making the dreams of immigrant families a reality. Even for those who have never handled an immigration case. Mentors are here to help, so do not hesitate. It is the highest calling, and it is the highest honor. Geoffrey A. Hoffman is director of the University of Houston Law Center Immigration Clinic, which received the 2015 AILA Pro Bono Hero Award for the Central Region. He is also Clinical Associate Professor at the University of Houston. Law Center. Endnotes

1. Susan Carroll, UH Law Clinic Victorious in Immigration Case, THE HOUSTON CHRONICLE (June 16, 2010, 5:30 AM), http://www.chron.com/news/houstontexas/article/UH-law-clinic-victorious-in-immigration-case-1704027.php. 2. Representation Makes Fourteen-Fold Difference in Outcome: Immigration Court ‘Women with Children’, TRAC IMMIGRATION (July 15, 2015), http://trac.syr. edu/immigration/reports/396/. 3. Paul Bedard, 1,819 illegal immigration cases per judge, backlog at all-time high 500,000, THE WASHINGTON EXAMINER (July 25, 2016, 10:49 AM), http:// www.washingtonexaminer.com/1819-illegal-immigration-cases-per-judgebacklog-at-all-time-high-500000/article/2597555. 4. http://houstonimmigration.org

A.A. WHITE DISPUTE RESOLUTION CENTER

Arbitration and Mediation Trainings Registration is now open for one of Texas’ oldest and most recognized mediator training courses from the University of Houston Law Center.

Course Directors and Trainers: Hon. John Coselli and Hon. Bruce Wettman (active mediators with over 35 collective years of mediation experience). Do not delay! Early registration ensures your enrollment in these outstanding courses offered through the A.A. White Dispute Resolution Center. For more information, visit our website at www.law.uh.edu/blakely/aawhite or call 713-743-2066 or 713-818-7494. COMMERCIAL ARBITRATION TRAINING January 11-14, 2017 Wednesday-Friday Saturday

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H o u s to n L a w y e r s W h o M a d e a D i f f e r e n c e

The Hon. Matthew W. Plummer, Sr. By The Hon. Mark Davidson

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aking a difference often involves overcoming personal and societal barriers. Matthew Wesley Plummer spent his entire life proving that no barrier could stop him from his quest to improve our community. He was the son of a man who had been born a slave. As a boy, he was stricken with polio. Growing up in a largely segregated community with a physical disability did not slow him down. He obtained a degree from Tuskegee Institute, learning photography and aviation. His timing was perfect, since World War II broke out soon after his graduation. He trained the first generation of African-American Pilots who served our nation. The unit he trained, the 99th Fighter Training Squadron, would fly thousands of missions in North Africa and Italy, and received numerous decorations and awards, includthe

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and non-violent actions ing the Congressional would prevail after a Gold Medal. legal battle that would Because he was not last ten years, including allowed to apply for an appeal to the United admission to any thenStates Supreme Court. existing law school, Throughout his cahe became a member reer as a lawyer, he repof the first graduating resented people, busiclass of Texas Southnesses and churches ern University’s Law who might otherwise School. He worked his not have had effective way through school as access to our courts. an investigator for the The Hon. Matthew W. Plummer, Sr. Judge Plummer acquired a well-deserved Harris County District Attorney’s office. reputation as an honorable and skilled When he wanted to buy a cup of coffee adversary. He was a leader in the civil at the new courthouse’s cafeteria, he was rights movement in Houston. In 1986, he refused service at this county facility solewas appointed Judge of the 133rd Disly due to his race. He became a plaintiff in trict Court, where he was always evena lawsuit to force the County to serve all tempered and fair to all. Judge Plumpeople that would enter the room. He was mer mentored two generations of young intimidated, assaulted and had a cross lawyers, showing them that no degree of burned on his front yard in retaliation. He prejudice should stop anyone who seeks courageously persevered. His eloquent justice. From the pilots he trained, to the clients he helped to lawyers he mentored, Judge Matthew Plummer made our community, nation and world a better place to live. Anyone seeking to overcome artificial barriers to success can look to his the example and make a difference, as he did throughout his life.

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The Hon. Mark Davidson is an MDL judge and judge (retired) of the 11th District Court. His column for The Houston Lawyer focuses on Houston attorneys who have had significant impact on the law, the legal profession and those served by the law.

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Baker Hughes Incorporated BP America Inc. CenterPoint Energy, Inc. ConocoPhillips, Inc. Exxon Mobil Corporation Halliburton LyondellBasell Marathon Oil Company Shell Oil Company

Mid-Size Firm Champions Akin Gump Strauss Hauer & Feld LLP BakerHostetler LLP Beck Redden LLP Chamberlain, Hrdlicka, White, Williams & Aughtry Gardere Wynne Sewell LLP Gibbs & Bruns LLP Gray Reed & McGraw, P.C. Greenberg Traurig, LLP Haynes and Boone, L.L.P. Jackson Walker L.L.P. Jones Day King & Spalding LLP Morgan, Lewis & Bockius LLP Porter Hedges LLP

Sidley Austin LLP Strasburger & Price, L.L.P. Susman Godfrey LLP Sutherland Asbill & Brennan LLP Winstead PC Winston & Strawn LLP

Boutique Firm Champions

Abraham, Watkins, Nichols, Sorrels, Agosto & Friend Blank Rome LLP Dentons US LLP Edison, McDowell & Hetherington LLP Fullenweider Wilhite PC Hogan Lovells US LLP Jenkins & Kamin, L.L.P. LeClairRyan McGuireWoods LLP Ogden, Broocks & Hall, L.L.P. Ogletree, Deakins, Nash, Smoak & Stewart P.C. ReedSmith LLP Sutton McAughan Deaver LLP Vorys, Sater, Seymour and Pease LLP Weycer, Kaplan, Pulaski & Zuber, P.C. Wilson, Cribbs & Goren, P.C. Yetter Coleman LLP

Small Firm Champions

Coane & Associates Frye, Steidley, Oaks & Benavidez, PLLC Fuqua & Associates, P.C. Givens & Johnston Hunton & Williams LLP Katine & Nechman L.L.P. Katten Muchin Rosenman LLP

KimLy Law Firm PLLC KoonsFuller, P.C. Kroger | Burrus MehaffyWeber, P.C. Quinn Emanuel Urquhart & Sullivan, LLP The Law Office of Scardino & Fazel Shortt & Nguyen, P.C. Trahan Dinn Kornegay Payne, LLP

Individual Champions

Angela Solice Burford Perry, LLP C.Y. Lee Legal Group, PLLC David Hsu Diane C. Treich The Dieye Firm Hasley Scarano L.L.P. Helene Dang The LaFitte Law Group, PLLC Law Office of Bertrand C. Moser Law Office of Cindi L. Robison Law Office of Gregory S. Lindley Law Office of J. Thomas Black, P.C. Law Office of Jeff Skarda Law Office of Maria S. Lowry Law Office of Peter J. Bennett Law Office of Todd Frankfort Martin R.G. Marasigan Law Offices Pilgrim Law Office Reece Law PLLC Rita Pattni, Attorney at Law Robert E. Price The Ericksen Law Firm The Jurek Law Group, PLLC Law Office of Evangeline Mitchell, PLLC The Law Office of Norma Levine Trusch


COMMITTEE SPOTLIGHT

HBA Ambassadors:

By Lawyers, For Lawyers By Farrah Martinez

The Houston Lawyer

E

very bar year, the incoming president tackles issues relevant to HBA members and the community in which the bar serves. In 2013, then President David Chaumette believed that the HBA existed to serve its members—Houston lawyers. That is the niche. As simple as it reads, it actu- Scott Kendall, Simin Sun, Farrah Martinez and Hillary Holmes. ally is a massive task. With more than 11,500 members, the HBA is comprised of lawyers who operate solo practices to named partners at some of the largest firms in the country, men and women, and of course far too many nationalities to name. Chaumette believed “we lawyers need our bar to be not just a bar of lawyers but also a bar for lawyers.” So, he created the Ambassadors program. Chris Domingo, Precious Owodunni, and Ryan Wooten. Biannually, through the Ambassadors program, the incoming president is tasked with selecting a group of 20 HBA members for a two-year term. Each group is made up of ten women and ten men that reflect the diversity of the HBA membership, including age, ethnic diversity, firm size and practice area. Criteria for Ambassadors are broad and encompassing. Ambassadors must be articulate, professional, know- Neal Sarkar, Robert Ford, Bradford Crockard and Marni Otjen. ledgeable and enthusiastic, well-informed firms, legal departments, HBA sections about the HBA and comfortable with puband committees, law students, different lic speaking. The first class of Ambassadors sections of the bar, various Harris County was selected at the beginning of bar year bar associations, and other organizations 2013-2014 and served through the 2014whose members are made of lawyers. Pri2015 bar year. With the second class servmarily, the purpose of these presentations ing the final year of its term, new Ambasis to educate or to simply remind members sadors will be selected by the next HBA and law students of the vast opportunities president in 2017-2018. of membership, including free CLE (now Once selected, each Ambassador is reavailable online), various sections to join, quired to conduct presentations to law volunteerism and pro bono opportunities, 36

September/October 2016

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and other services, and to build relationships with other lawyers that turn into lifelong friendships. The presentations are prepared with the help of the HBA administrative and membership offices, as well as the Professionalism Committee. Ambassadors serve to remind lawyers that no man is an island and while the stressors of the profession are real, it is important to leave your office and connect with other lawyers. It is equally important and often therapeutic to help people within the community that are truly less fortunate. While Ambassadors are tasked with serving, the opportunity to serve as an Ambassador has brought about for many a greater appreciation for the depth of the HBA. Yvonne Ho, a past Ambassador from the first class, noted, “As an HBA Ambassador, I had the privilege of speaking to numerous groups about the many opportunities the HBA offers for attorneys to learn from, and work with, each other on meaningful projects each year. That process only deepened my appreciation of how much the HBA does to enhance the profession and benefit the public.” Like every committee, Ambassadors have a job to do and that job is to reach out to its own to educate and to remind fellow lawyers that the HBA is a community dedicated to serving lawyers through meaningful benefits and opportunities. For more information, contact Ron Riojas at (713) 759-1133. Farrah Martinez is the owner of Farrah Martinez, PLLC, where she focuses her practice on personal injury and insurance law. She is an associate editor for The Houston Lawyer and an Ambassador for the HBA.



OFF THE RECORD

By Benny Agosto, Jr.

The Houston Lawyer

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Tom McDade and The Caterpillar Club

hat do a former US Air Force fighter pilot, a legendary trial lawyer, and a person deeply committed to both family and community all have in common? Simple. They all come together in Tom McDade. Tom was declared a legal “legend” by the Dallas Times Herald in 1983. Whether sauntering into a court room or around his ranch in the Texas Hill Country, Tom has the presence and confidence of a man who knows how to get things done. Throughout his legal career of over 50 years, Tom has been involved in virtually every type of case not only in Texas, but throughout the country. Spend any time talking to Tom and one is quickly reminded that he is willing to do whatever it takes to bring his clients success. Tom McDade. Having fought big business, gone to battle for families and individuals, and served his country as a fighter pilot as an officer in the United States Air Force, Tom has excelled in every area of his life. On March 4, 2017, Tom will celebrate the 60 year anniversary of his jet airplane ejection while training over the State of Mississippi in 1957. Due to both the physical and emotional injuries that Tom suffered as a result of the plane crash, any young pilot could have easily walked away from becoming a fighter pilot. But the discipline, responsibility, and preparation that he learned in the United States Air Force brought him right back to get on the next fighter plane the very next day. “The lessons learned from that very trying day in 1957 have stayed with me, and made me the person and lawyer I am today,” says the former Air Force Captain. “The practice of law I have engaged in for all these years definitely ben38

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efited from the experience I gained of being fearless, disciplined and a hard-working fighter pilot.” Tom has earned many recognitions and awards throughout his legal career, however, he is most fond of his recognition as a member of “The Caterpillar Club,” earned for his valor and bravery as an Air Force fighter pilot. The Caterpillar Club is an informal association of people who have successfully used a parachute to bail out of a disabled aircraft. After authentication by the parachute maker, applicants receive a membership certificate and a distinctive lapel pin. The requirement that the aircraft is disabled naturally excludes parachuting enthusiasts in the normal course of a recreational job, or those involved in military training jumps. The main factor in determining club membership is that the parachutist saved their life by jumping out of a disabled aircraft. The club was founded in 1922 by Leslie Irvin of the Irvin Airchute Company of Canada. The name “Caterpillar Club” simply makes reference to the silk threads that made the original parachutes, recognizing the debt owed to the silk worm. Other famous members of the club include General James Doolittle, Charles Lindbergh, and retired astronaut John Glenn. “If I could advise any new attorney regarding the practice of law, I would say to always be prepared,” says Tom. “Nothing will get you farther in law and in life.” Benny Agosto, Jr. is is a partner at Abraham, Watkins, Nichols, Sorrels, Agosto and Friend. He is a member of The Houston Lawyer editorial board.


A Profile

in pro f e s s io n ali s m

Veronica Jacobs Legal Services Director, Houston Volunteer Lawyers

A

s Legal Services Director of Houston Volunteer Lawyers, a project of the Houston Bar Association, I have the opportunity to work with volunteer attorneys who provide pro bono representation to low-income persons in civil matters. As attorneys we possess a unique skill set that allows us to navigate a legal system that is foreign to most members of the public. Our uniqueness also makes the public interested in how we conduct ourselves. The actions of attorneys are under scrutiny simply because of the profession we have chosen to be a part of. We are held to a higher standard of conduct. Professionalism may be defined as the conduct, aims, or qualities that characterize or mark members of a certain group. I choose to utilize professionalism as a verb. It is exemplified through our thoughts, words, and ac-

tions. Professionalism is equivalent to respect. The conduct of attorneys in regard to the respect shown for our legal system, our judges, members of the court staffs, our fellow attorneys, for our clients and for members of the public as a whole leaves an indelible impression of each of us not only as individuals but as attorneys collectively. We hold different opinions. We represent different backgrounds, genders, cultures, religions, etc. As attorneys we not only respect differences, we welcome them. We are the group of professionals who are uniquely equipped to represent members of the community that may or may not share our differences. We are able to serve in that role because as attorneys we exemplify professionalism. I am honored to be a member of this profession.

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LEGAL TRENDS

Medical Malpractice Chapter 74 Update By Robert W. Painter

T

The Houston Lawyer

hose of us that practice medical malpractice know that the “Chapter 74” requirements can be a minefield. Three recent cases on this subject matter show that this remains true.

Does pre-suit notice to one toll limitations as to all defendants? In 1977, the Texas legislature enacted the original codification of health care liability law, which became known as Article 4590i. [See Act of May 30, 1977, 65th Leg., R.S., ch. 817, § 1.02(6), 1977 Tex. Gen. Laws 2039, 2040 (repealed 2003)]. In 2003, the legislature repealed Article 4590i, amended parts of it and recodified it as Chapter 74 of the Texas Civil Practice and Remedies Code. [See Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 10.11(a), 2003 Tex. Gen. Laws 847, 884.] Since De Checa v. Diagnostic Center Hospital, Inc., [852 S.W.2d 935, 937-38 (Tex. 1993)], it was well-settled under Article 4590i that pre-suit notice of a health care liability claim to one potential defendant tolled the statute of limitations for 75 days for all defendants. Section 74.051(a) mirrors the prior statute’s language for pre-suit notice, but adds this sentence: “The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052.” Some insurance carriers and defense 40

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lawyers have seized on that language and filed motions to dismiss, arguing that the “notice to one defendant tolls for all defendants” does not apply under Chapter 74. They contend that it thwarts legislative intent when defendants who did not receive the pre-suit notice and authorization form could not obtain the plaintiff’s medical records before the suit was filed. On June 28, 2016, the First Court of Appeals issued an opinion that clarified this question, at least for Houston trial courts. In Kovaly v. Kuruvanks, Cause No. 01-1500359-CV, the appellate court ruled that a proper pre-suit notice of health care liability claim and accompanying authorization form served on one defendant triggers a 75-day tolling period for all defendants and potential defendants.

quirements do not apply in federal courts entertaining state law claims, the court reversed the district court’s dismissal judgment and remanded the case.

Does the Chapter 74 expert report requirements apply in federal courts? Texas Civil Practice & Remedies Code Chapter 74.351 requires health care liability claim plaintiffs to serve an expert report within 120 days after a defendant’s original answer is filed. Failure to meet the expert report requirement can lead to the remedy of draconian dismissal, with attorney’s fees and costs being awarded to the defendant. On May 19, 2016, in Passmore v. Baylor Health Care System, Cause No. 15-10358, the Fifth Circuit addressed the question of whether this requirement applies to health care liability claims being tried in federal court. The Passmores invoked diversity jurisdiction to file a medical malpractice suit in a Dallas federal district court. The federal trial court granted the defendants’ motions to dismiss, which claimed that the Passmores did not comply with the Chapter 74.351 expert report requirement. On appeal, the Fifth Circuit determined that Chapter 74.351 would significantly interfere with Federal Rules of Civil Procedure 26 and 37, which deal with pretrial disclosures and discovery, along with the consequences for noncompliance. Finding that the Chapter 74.351 expert report re-

When the underlying lawsuit was initially and timely filed, the plaintiffs alleged that medical malpractice caused Mr. Carswell’s death. Almost a year after the two-year statute of limitations expired, the plaintiffs filed a third amended petition alleging that Christus fraudulently obtained consent for the autopsy in order to cover up its medical malpractice. This was the first instance of a specific allegation of postmortem negligence. Christus contended that this was a timebarred health care liability claim, because the post-mortem claims were “professional service directly related health care,” which are part of the definition of “health care liability claim” in Chapter 74.001(a)(13). Health care liability claims are governed by a two-year statute of limitations. On the other hand, the plaintiffs argued that the autopsy was not an inseparable or integral part of the rendition of health care. The Supreme Court analyzed the Chapter 74 definitions of the terms “professional or administrative services,” “health care,” and “medical care” and found that postmortem care is a health care liability claim governed by Chapter 74. The court enforced the two-year statute of limitations,

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Does Chapter 74 govern claims of post-mortem fraud? Many issues arising from the death of Jerry Carswell at Christus St. Catherine Hospital, in Katy, in 2004, have been litigated and appealed. Twelve years after his death, on May 20, 2016, the Texas Supreme Court issued its opinion in Christus Health Gulf Coast v. Carswell, Cause No. 14-0362, which decided whether a hospital’s alleged fraudulent conduct during a post-mortem autopsy is a health care liability claim under Texas Civil Practice & Remedies Code Chapter 74.001.


LEGAL TRENDS

holding that the post-mortem claims did not relate back to the filing of the original petition, because they arose from distinct facts and claims. Robert W. Painter, a member of Painter Law Firm PLLC, represents plaintiffs in medical malpractice cases. He is a former editor-inchief of The Houston Lawyer.

Texas Supreme Court Issues Opinions on Hearings and Damages in Trade Secrets Cases By Zach Wolfe

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exas lawyers who handle litigation involving alleged trade secrets should take note of two recent Texas Supreme Court decisions: In re M-I LLC and Southwestern Energy v. Berry-Helfand. M-I addressed the common situation in trade secret litigation where the plaintiffowner of the alleged trade secrets objects to a representative of the defendant-competitor sitting in the courtroom because the rep will hear about trade secrets and could use

them against the owner. Does due process allow the judge to exclude the rep from the courtroom? M-I held that the judge must hear evidence and conduct a balancing test to weigh the degree of competitive harm to Owner against Competitor’s need for assistance from the rep to defend itself. Before holding an actual temporary injunction hearing, the judge first must hold a preliminary hearing—an “M-I” hearing—to decide who gets to attend the temporary injunction hearing. At the M-I hearing the judge must: 1. “Determine the degree of competitive harm” Owner will suffer from dissemination of its alleged trade secrets to Competitor. 2. Consider the “relative value” of Owner’s alleged trade secrets and whether the rep acts as a “competitive decisionmaker” for Competitor. 3. Consider the rep’s role, particularly whether, by virtue of that role, she has “specialized expertise that would not have been available to [Competitor’s] outside experts.” 4. Hear evidence on each of the issues above. So, the judge first has to hear evidence— without the corporate rep present—on the relative value of the alleged trade secrets. This of course overlaps with one of the elements of whether the information at issue is a trade secret, as defined in the Texas Civil Practice and Remedies Code, in the first place: “independent economic value.” One practical problem with the M-I balancing test is that the more expertise the corporate rep has, the more likely it is that she is a “competitive decision-maker.” The lawyer representing the defendant in a trade secrets case will need to think strategically about who to bring to the temporary injunction hearing, knowing there is likely to be an M-I hearing. If it will be important to have a technical expert at your side to explain things, the lawyer should consider whether the client has a lower-level employ-

ee with the necessary expertise, or consider quickly hiring a consulting expert. Unlike M-I, which establishes a general procedure applicable to all trade secrets cases, Southwestern Energy v. Berry-Helfand was a more fact-intensive opinion. But Southwestern Energy does teach a general lesson concerning lost profits damages: an expert’s calculation of lost profits damages does not have to be exact, but more precision is required if the available information makes more precision possible. In a case involving alleged oil and gas trade secrets, Southwestern Energy approved of the plaintiff’s use of a third-party agreement as a benchmark for lost profits damages, but if the plaintiff was going to rely on this methodology, she had to use actual— not oversimplified—numbers. The court said: In trade-secret cases, a measure of uncertainty is tolerated, and to an extent, unavoidable. However, when there is objective evidence from which more certainty can be gleaned, it is incumbent on the plaintiff to produce that evidence. An estimate or an average based on a small sample may be sufficient in some cases, but not in this case. Thus, the fact that the expert could have used a more precise formula in the thirdparty agreement to perform a more precise calculation made it improper for the plaintiff’s expert—or the jury—to calculate damages based on an oversimplified 3% formula. In the wake of Southwestern Energy, expect more arguments in lost profits cases about whether a damages expert properly took into account all the available information. Zach Wolfe practices business litigation with Fleckman & McGlynn, PLLC, a Texas firm with offices in Houston, Austin and The Woodlands. He writes a weekly blog on litigation topics: www.fiveminutelaw.com, and he is a member of The Houston Lawyer editorial board.

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Media Reviews

Cyber Security Awareness for Lawyers By Henry Dalziel and David Willson Elsevier, Inc., 2016 Reviewed by Raymond L. Panneton

The Houston Lawyer

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echnology evolves at an overwhelming rate. So much so, in fact, that for practicing lawyers, technology tends to be of secondary importance. However, given the digital evolution of the practice of law, technology can no longer be ignored. This means that not only is your practice becoming more digital, it also means that your practice now has another vulnerability: cyber threats. Henry Dalziel and David Willson, authors of Cyber Security Awareness for Lawyers, have taken a massively complex and broad topic and condensed it into an easy 50-page read. In their book, Dalziel and Willson do not seek to make lawyers tech experts, but rather the duo provides a concise education on the types of cyber threats that face lawyers and simple, concrete, practical

42

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steps to strengthen your data’s security and curb your firm’s cyber threats. As the authors correctly point out, lawyers can no longer keep their head in the sand with respect to cyber security. To that end, Cyber Security Awareness for Lawyers provides a digestible education on where cyber threats lurk and what steps can be taken to keep your and your client’s data safe. This book provides a great starting point for those lawyers who have largely neglected their cyber security.

Wills and Estate Administration By Kenneth Vercammen The American Bar Association, 2015 Reviewed by Raymond L. Panneton

I

f you have a wills and estate practice or are thinking about hanging your own shingle, it would serve you well to read Kenneth Vercammen’s Wills and Estate Administration. From cover-to-cover Vercammen provides concrete ways to streamline a wills and estates practice and gives you the tools needed to succeed. Each chapter of Wills and Estate

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Administration provides insight on the business of a wills and estate practice from a seasoned and successful practitioner. Included with the practice tips are usable forms that can be tailored to a specific practice and client. The advice proffered is concrete, concise, and impactful for new and seasoned practitioners alike. Wills and Estate Administration is a must read for anyone thinking of practicing in wills and estate. Vercammen takes a broad topic and focuses it to assist the practitioner in running a successful practice. Raymond L. Panneton practices with Kerr, Hendershot & Cannon, PC. He is a member of The Houston Lawyer editorial board.


Join the HBA 100 Club! The Houston Bar Association 100 Club is a special category of membership that indicates a commitment to the advancement of the legal profession and the betterment of the community. The following law firms, government agencies, law schools and corporate legal departments with five or more attorneys have become members of the 100 Club by enrolling 100 percent of their attorneys as members of the HBA. Firms of 5-24 Attorneys

Irelan McDaniel, PLLC

Sprott Newsom Quattlebaum Messenger

Coats | Rose

Abraham, Watkins, Nichols, Sorrels,

Jackson Gilmour & Dobbs PC

Strong Pipkin Bissell & Ledyard LLP

Cokinos, Bosien & Young

Agosto and Friend

Jackson Lewis P.C.

Stuart PC

Gardere Wynne Sewell LLP

Adair & Myers PLLC

Jenkins & Kamin, LLP

Sutton McAughan Deaver, PLLC

Greenberg Traurig, LLP

Ajamie LLP

Johnson DeLuca Kurisky & Gould, P.C.

Taunton, Snyder & Slade, P.C.

Haynes and Boone LLP

Bair Hilty, P.C.

Johnson Trent West & Taylor LLP

Tekell, Book, Allen, and Morris, L.L.P.

Jackson Walker LLP

Baker Williams Matthiesen LLP

Jones Walker LLP

Tindall England PC

Martin Disiere Jefferson & Wisdom LLP

Baker • Wotring LLP

Kane Russell Coleman & Logan PC

The Ward Law Firm

Morgan Lewis & Bockius LLP

The Bale Law Firm, PLLC

Kelly, Sutter & Kendrick, P.C.

Ware, Jackson, Lee, O’Neill,

Thompson & Knight LLP

Barrett Daffin Frappier Turner & Engel, LLP

KoonsFuller, P.C.

Smith & Barrow, LLP

Winstead PC

Berg & Androphy

Kroger I Burrus

Watt Thompson & Henneman LLP

Bingham, Mann & House

Law Feehan Adams LLP

Weinstein Tippetts & Little LLP

Firms of 100+ Attorneys

Buck Keenan LLP

LeClairRyan

Weycer Kaplan Pulaski & Zuber PC

Andrews Kurth

Bush & Ramirez, PLLC

Legge Farrow Kimmitt McGrath

Williams Birnberg & Andersen LLP

Baker Botts L.L.P.

Cage Hill & Niehaus LLP

& Brown, L.L.P.

Willingham, Fultz & Cougill, LLP

Bracewell LLP

Campbell & Riggs, P.C.

Linebarger Goggan Blair & Sampson LLP

Wilson Cribbs & Goren PC

Locke Lord LLP

Chernosky Smith Ressling & Smith PLLC

Lorance & Thompson PC

Wilson Elser Moskowitz Edelman

Norton Rose Fulbright US LLP Porter Hedges LLP

Christian Smith & Jewell LLP

MacIntyre, McCulloch, Stanfield

& Dicker LLP

Vinson & Elkins LLP

Cogan & Partners LLP

& Young, LLP

Wright Abshire, Attorneys, PC

Cooper Jackson & Boanerges, PC

McGinnis Lochridge

Ytterberg Deery Knull LLP

Corporate Legal Departments

Cozen O’Connor

McGuireWoods LLP

Zeidman Spencer Beverly & Holt, LLP

Anadarko Petroleum Corporation

Crady, Jewett & McCulley, LLP

MehaffyWeber PC

Zimmerman Axelrad Meyer

AT&T Texas

De Lange Hudspeth McConnell & Tibbets LLP

Morris Lendais Hollrah & Snowden

Stern & Wise PC

BP

Dentons US LLP

Nathan Sommers Jacobs

Zukowski Bresenhan & Piazza L.L.P.

CenterPoint Energy

Dobrowski, Larkin & Johnson LLP

Ogden Broocks & Hall, LLP

Dow Golub Remels & Gilbreath LLP

Ogletree Deakins Nash Smoak

Firms of 25-49 Attorneys

Kellogg Brown & Root, Inc.

Doyle Restrepo Harvin & Robbins LLP

& Stewart, P.C.

Adams and Reese LLP

LyondellBasell Industries

Ewing & Jones, PLLC

Pagel Davis & Hill PC

Ahmad, Zavitsanos, Anaipakos,

MAXXAM, Inc.

Fernelius Simon PLLC

Parrott Sims & McInnis, PLLC

Alavi & Mensing P.C.

Newfield Exploration Company

Fisher, Boyd, Johnson & Huguenard, LLP

Perdue Brandon Fielder Collins & Mott

Andrews Myers, P.C.

Plains All American Pipeline L.P.

Fisher & Phillips LLP

Perdue & Kidd

Beck Redden LLP

Rice University

Fizer Beck Webster Bentley & Scroggins PC

Phelps Dunbar LLP

Blank Rome LLP

S & B Engineers and Constructors, Ltd.

Fleming | Nolen | Jez, L.L.P.

Ramey, Chandler, Quinn & Zito, P.C.

BoyarMiller

Sysco Corporation

Frank, Elmore, Lievens, Chesney & Turet, L.L.P.

Reynolds Frizzell LLP

Edison, McDowell & Hetherington LLP

Texas Children’s Hospital

Fullenweider Wilhite

Roach & Newton, L.L.P.

Gibbs & Bruns LLP

Total E&P USA, Inc.

Funderburk Funderburk Courtois, LLP

Ross Banks May Cron & Cavin PC

Greer, Herz & Adams, L.L.P.

University of Houston System

Galloway Johnson Tompkins Burr

Royston, Rayzor, Vickery

Liskow & Lewis

& Smith, A PLC

& Williams, L.L.P.

Littler Mendelson PC

Law School Faculty

Germer PLLC

Rusty Hardin & Associates, LLP

Roberts Markel Weinberg

Houston College of Law

Givens & Johnston PLLC

Rymer Moore Jackson & Echols, P.C.

Butler Hailey PC

Thurgood Marshall School of Law

Gordon & Rees LLP

Schiffer Odom Hicks & Johnson PLLC

Thompson & Horton LLP

University of Houston Law Center

Hagans Burdine Montgomery & Rustay PC

Schirrmeister Diaz-Arrastia Brem LLP

Thompson Coe Cousins & Irons LLP

Hartline Dacus Barger Dreyer LLP

Schwartz Page & Harding LLP

Williams Kherkher Hart Boundas, LLP

Government Agencies

Hawash Meade Gaston Neese

Scott, Clawater & Houston, L.L.P.

Wright & Close LLP

City of Houston Legal Department

& Cicack LLP

Shannon, Martin, Finkelstein,

Yetter Coleman LLP

Harris County Attorney’s Office

Henke & Williams, LLP

Alvarado & Dunne, P.C.

Hicks Thomas LLP

Shipley Snell Montgomery LLP

Firms of 50-100 Attorneys

Harris County Domestic Relations Office

Hirsch & Westheimer PC

Short Carter Morris, LLP

Akin Gump Strauss Hauer & Feld LLP

Metropolitan Transit Authority of

Horne Rota Moos LLP

Singleton Cooksey PLLC

BakerHostetler

Harris County Texas

Holm I Bambace LLP

Smith Murdaugh Little & Bonham LLP

Chamberlain Hrdlicka White

Port of Houston Authority of

Hunton & Williams LLP

Smyser Kaplan & Veselka LLP

Williams & Aughtry

Harris County, Texas

El Paso Corporation

Harris County District Attorney’s Office

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LITIGATION MARKETPLACE

TLIExceptional Houston Galleria Office Space Galleria area office space sharing arrangement available June 1 for one lawyer (15 ½’ x 15’ office space with large exterior windows) and for 1-2 support staff, plus files. Conference rooms, copiers, kitchen, common areas, and free parking. Not an executive suite. Email Kurt Arbuckle at kurt@kurtarbuckle.com

Document Examiner

Galleria Area Available for sublease to a sole practitioner, a furnished 240 sq.ft. exterior office (wall of windows). Includes use of a conference room, wifi, phone w/vm, receptionist and limited secretarial assistance. Incentives for a commitment of twelve months or more. Call 713-993-9363.

Legal Document Retrieval, Inc

www.legaldocusa.com CV., CR., BK. Documents All Courts & Archives. UCC, Corporate, Patent & Trademark Assets & Property Reports Service of Process Mass Mail Outs legaldocusa@aol.com

GALLERIA AREA ST. JAMES PLACE Attorney-size office with secretarial work station for sublease — AV rated firm, Class A build out. Possibility for referrals. Please send inquiries to houstongalleria lawfirm@gmail.com

713.222.2244 Office Space

The Houston Lawyer

HOUSTON DOWNTOWN AREA Five offices, of varying sizes, located in a Class “A” office building with a convenient downtown-area location. The offices also include the use of firm’s multiple conference rooms, filing rooms, and kitchen. Flexible arrangements can also be made for use of firm’s copying and administrative equipment. Please contact Kimberly at 713-654-5155. Professional offices in gorgeous building located on quiet beautifully tree lined street. Close to businesses and restaurants on Montrose Blvd. Will lease one or multi spaces. Includes ALL utilities, WiFi, and janitorial services. Communal reception area and kitchen. From 1501500 sq. ft. $700/month up. Please contact Judy at 713-459-3900 or judy.borrell@gmail.com 44

September/October 2016

Office suite in west Houston on Katy Freeway at Wilcrest with two offices (10 x 15) on the glass available for sublet month to month. $1,200 per office. Administrative space adjacent to offices in cubicles. Includes garage parking, kitchen, copiers, conference rooms and lobby located at the elevators. contact@ iveylawfirm.com

printer/copier. Downtown location. Perfect for satellite office or new solo attorney. Offices are inside of energy/ estate planning law firm. Rent from $1000 - $1500/ month, flexible on terms. Call Zack at 713-220-0362

Positions Available

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