Austin Lawyer, November 2015 by Monarch Media & Consulting, Inc.

austin lawyer November 2015 Volume 24, Number 9 www.AustinBar.org

Features Honoring Veterans by Serving Them.................. 1 Austin LGBT Bar Raises Scholarship Funds........ 7 Barbara Jordan Inn of Court Applications Due.... 8 Texas Access to Justice Awards Advocacy Grant....10 Leading by Example: It Takes Practice................12 MAMAs Austin Launches Website......................14 NBTA Forms Austin Chapter...............................16 Legal Line Volunteers—Thank you!....................20

Departments President’s Spotlight........................................... 4 Opening Statement.......................................... 11 3rd Court of Appeals Update........................... 15 Briefs............................................................... 17 AYLA............................................................... 18 Upcoming Events............................................ 22 Classifieds /Ad Index........................................ 23

Honoring Veterans by Serving Them By Allan K. DuBois

and

Laura Fowler

his Veterans Day, as we honor and thank the brave men and women who served in the United States military, the State Bar of Texas is keenly aware that more must be done to serve our veterans. Texas continues to have one of the nation’s largest veteran populations. Approximately 1.7 million current Texas residents have served in the military, according to the National Center for Veterans Analysis and Statistics. We are grateful for their service. While the national veteran population decreased 17 percent between 2000 and Left: Allan DuBois, president of the State Bar of Texas Right: Laura Fowler, founder of The Fowler Law Firm 2015, the U.S. Department of Veterans Affairs reports Texas’ veteran population has increased. Nationally, more veterans served during the Vietnam War era than other periods of service, while the Lone Star State currently registers more veterans of the Gulf War era than veterans from Vietnam. These facts and statistics present a unique set of challenges for Texas — and a call to action. The National Center for Veterans Analysis and Statistics has observed the poverty rate among veterans is slowly rising, and Gulf War veterans have a higher poverty rate in comparison to veterans of other periods of wartime service. These men and women return from service with complicated health and living issues. No doubt many need the assistance of an attorney to help them navigate benefits and pension claims or to assist in civil or family matters. Five years ago, the State Bar of Texas created Texas Lawyers for Texas Veterans, a program to develop and assist pro bono legal clinics to help veterans who otherwise could not afford legal services. Texas Lawyers for Texas Veterans collaborates with local bar associations, legal aid organizations, and veterans service providers to host legal advice clinics throughout the state. Since the project’s launch, more than 18,000 veterans have been served by 5,000 or more volunteer attorneys. We are two of those volunteer attorneys. Both of us are veterans who served in the Judge Advocate General's Corps (JAGC) and continue serving veterans today at continued on page 6

austin lawyer Austin Lawyer (ISSN #10710353) is published monthly, except for July/August and December/January, at the annual rate of $10 of the membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 816 Congress Ave., Suite 700, Austin, Texas 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 816 Congress Ave., Suite 700, Austin, Texas 78701. The views, opinions, and content expressed in this publication are those of the author(s) or advertiser(s) and do not necessarily reflect the views or opinions of the Austin Bar Association membership, Austin Bar Association Board of Directors, or Austin Bar Association staff. As a matter of policy, the Austin Bar Association does not endorse any products, services, or programs, and any advertisement in this publication should not be construed as such an endorsement. Contributions to Austin Lawyer are welcome, but the right is reserved to select and edit materials to be published. Please send all correspondence to the address listed below. For editorial guidelines, visit austinbar.org in the “About Us” tab. Austin Bar Association Judge Eric Shepperd.......... President Leslie Dippel.................... President-Elect Amy Welborn................... Secretary Adam Schramek............... Treasurer Judge Elisabeth Earle �� Immediate Past President Austin Young Lawyers Association Chari Kelly....................... President Katie Fillmore................... President-Elect Jorge Padilla..................... Secretary Austin Kaplan................... Treasurer Amanda Arriaga............... Immediate Past President Austin Lawyer ©2015 Austin Bar Association; Austin Young Lawyers Association Executive Offices 816 Congress, Suite 700 Austin, Texas 78701-2665 E-mail: austinbar@austinbar.org Website: www.AustinBar.org Ph: 512.472.0279 | Fax: 512.473.2720 DeLaine Ward.................. Executive Director Nancy Gray...................... Managing Editor Debbie Kelly.................... Director of AYLA Kennon Wooten............... Editor-in-Chief Britni Rachal..................... Editorial Assistant Published by Monarch Media & Consulting, Inc. Ph: 512.680.3989 | Fax: 866.328.7199 www.monarchmediainc.com Advertising inquiries call 512.293.9277.

November 2015 Austin Lawyer

President’s Spotlight Judge Eric Shepperd, County Court of Law #2

More Veterans to Serve, More Action to Take As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them. – John F. Kennedy Veterans Day is a day set aside to express our gratitude to those brave men and women who have sacrificed all for our country. It is right to honor our veterans on this day. It’s the least we can do. But words are not enough; we must live by them. The Austin Bar Association began holding the Free Legal Advice Clinic for Veterans more than five years ago because we wanted to do more. And now, we realize it’s not enough. There are more veterans to serve, there is more action to take, and more gratitude to show. Through a grant provided by the Texas Access to Justice Foundation, we are expanding the Free Legal Advice Clinic for Veterans to seven counties outside of Travis County. Our veterans have served us well. It’s our privilege as attorneys to now serve them. #austinbarinaction

Free Legal Advice Clinic for Veterans: Expansion Plans in Progress By Britni Rachal, Austin Bar Association

he 10th anniversary of the Free Legal Advice Clinic for Veterans will look entirely different than its fifth anniversary. Plans are in the works to expand the clinic to outlying counties. The Austin Bar recently received a $127,800 two-year grant from the Texas Access to Justice Foundation to hire a part-time attorney to expand the clinic not only throughout Travis County, but also to Bastrop, Blanco, Burnet, Caldwell, Gillespie, Hays, and Williamson counties. New part-time Austin Bar staff member and attorney, Douglas Lawrence, is already hard at work on the expansion. Lawrence joined the Austin Bar in early September with a background in public service. He says members of the legal community started to notice a growing need in the veterans population. In many cases, veterans are unable to make it to the Free Legal Advice Clinic on scheduled dates because of scheduling and transportation conflicts. Oftentimes, they are trying to drive to Travis County from another neighboring county. “If we go out there and someone misses the clinic, we don’t want them to have to wait until the next clinic,” Lawrence explained. “The expansion will allow for more continual service. We can cut down a lot of time by having one person they can call

Austin Lawyer November 2015

for direct information.” Lawrence will serve as that point person with the veterans and attorney volunteers. He will start by recruiting attorney volunteers in other counties to help serve at the new clinic locations. “Basically, we are going to take what we have working well in Austin to these other counties and run it for them. After five years, we know what works and what doesn’t,” said Lawrence. “It probably won’t be exactly the same because not every county has a VA clinic like we do, but it will be similar.” “The veterans clinic is the best community service project we have ever done,” said Austin Bar Executive Director, DeLaine Ward. “It is our way of saying thank you to them for serving our country and keeping us safe.” Part of the problem veterans face is that they are given phone number after phone number to call, and in most cases, they aren’t able to talk directly to an attorney. “These men and women have already done us a service, and anything we can do to keep them out of poverty, we should do,” said Lawrence. “No one wants to be that group of people that gives false help. We want to do more than just recite the law. We want to give them something tangible.”

Through his new position, Lawrence will be able to give veterans direct legal advice, in hopes that they won’t have to be bogged down with as many forms, while being sent in multiple directions. Issues with veterans’ benefits, family law, landlord-tenant issues, probate, and bankruptcy are just some of the legal troubles veterans sometimes Lawrence face. Lawrence also hopes to help all veterans in Central Texas gain access to a Probate & Estate attorney who could provide them with a will. By avoiding legal fees, men and women who have served our country will have more money to spend on necessities and housing. “Veterans in larger numbers are falling into poverty,” said Lawrence. “We want to keep everyone housed and happy.” According to the National Coalition for Homeless Veterans, 33 percent of homeless men in the U.S. are veterans. The National Center for Veterans Analysis and Statistics also reports that the veteran population is seeing increases in the number of female and minority veterans. The new clinic will be a good networking opportunity for members of the Austin Bar who volunteer with the legal clinic in Travis County. Sometimes, even though cases are outside of the county, legal business still needs to be handled in Travis County. “Hopefully, our volunteers can help people in outlying areas with cases in Travis County. Also, if they have expertise

in particular areas, they can help one another with that,” said Lawrence. “Networking and working together are always good for attorneys.” Lawrence joins the Austin Bar from Volunteer Legal Services of Central Texas, where he worked as a lead attorney for the past ten years, supervising countless legal clinics and helping low-income families with a broad range of legal issues. In some ways, his new role with the Free Legal Advice Clinic for Veterans brings him “full circle.” “My whole legal career has been public interest law,” said Lawrence, who once worked in social work with mentally ill and homeless Americans. “I always notice a great deal of problems for veterans within the legal community. It makes sense that my next step would be to become more involved and make sure veterans don’t fall through the cracks.” The Austin Bar thanks the Texas Access to Justice Foundation for its support in the expansion of the Free Legal Advice Clinic for Veterans. The grant awarded to the Austin Bar is one of 16 grants, totaling $3.5 million, awarded to nonprofit organizations to help veterans gain access to legal services. In 2014, TAJF helped approximately 7,000 veterans receive legal help. In 2015, the 84th Texas Legislature also provided $3 million in funding for basic legal services for veterans and their families, to be used in the next two years. “Too often, servicemen and servicewomen return from duty to find benefits delayed, families struggling, jobs scarce, homes in foreclosure, and debt collectors at the door,” said Texas Supreme Court Chief Justice Nathan L. Hecht. “We thank the legislature for providing the resources to ensure that when basic legal problems pressure veterans, legal aid will be available for help.” “With Texas having the second-highest population of veterans, it is essential that we provide legal services for those who have sacrificed so much for our country,” said Texas Supreme Court Justice Eva Guzman. The first expansion of the Free Legal Advice Clinic for Veterans will likely take place in Williamson County before the end of this year. • AL

Free Legal Advice Clinic for Veterans Turns Five 2015 MARKED A MAJOR MILESTONE for one of the Austin Bar Association’s most popular services for the public. This year the Free Legal Advice Clinic for Veterans celebrated its fifth anniversary. The program launched on June 29, 2010, with past Austin Bar presidents Jo Ann Merica and Randy Howry serving as co-chairs. “Lawyers are the best positioned to offer legal advice and representation. Providing free legal research at these clinics is a tribute to the veterans who served our country,” said Merica. Over the years, the Free Legal Advice Clinic for Veterans has become more streamlined and efficient, but it still follows the same format from 2010. Organizers of the clinic modeled it off of the first veterans clinic established in Houston. Topics that attorney volunteers assist the veterans with vary, but several stories stick out to Merica, including an annulment she did for an older veteran who had recently married a woman who made $1,200 a month, the exact same amount as his own income. “He had gone into the VA to advise them of the marriage and had been informed he would lose his benefits because of his new wife’s income,” said Merica. “We had to annul the marriage so they could be able to support themselves – it was one of the saddest things I’ve ever done at the courthouse.” The Veterans Free Legal Advice Clinic meets ten times a year on the second Monday of each month, except for July and October, when no

clinics are scheduled. The clinics run from 1:30 to 4 p.m. at the Austin VA Oupatient Clinic off of Metropolis Drive. Approximately 2,065 veterans have received assistance at the clinics in the past five years. On average, Austin Bar attorneys assist 30 veterans at each clinic. Throughout the life of the program, nearly 175 attorneys have volunteered. To volunteer at an upcoming Free Legal Advice Clinic for Veterans, please contact Doug Lawrence at Doug@austinbar.org. In addition to attorney volunteers, the Austin Bar would also like to thank the following partner organizations for their help with the Veterans Clinic: Austin VA Outpatient Clinic Child Support Division of the Office of Attorney General Dell Litigation Lawyer Referral Service of Central Texas Norton Rose Fulbright Texas Lawyers for Texas Veterans Texas Legal Services Center Texas RioGrande Legal Aid Texas VA Commission Veterans Legal Initiative Coalition Volunteer Legal Services of Central Texas

November 2015 Austin Lawyer

A Call to Action: Help Serve Our Veterans continued from cover

legal clinics in Austin and San Antonio. I, Laura, was a very green 24-year-old when I first began serving the legal needs of military members and their dependents. I was deeply moved by the diversity of legal needs of the military members and their families. Loved ones often were spread all over the world; their needs required attorneys to think creatively and consider the implications of many state and even foreign laws.

I was deeply moved by the diversity of legal needs of the military members and their families. – LAURA FOWLER Thirty-five years later, not much has changed about the needs of military members and their families. Except now, veterans who reside in the Austin area can rely on the Austin Bar Association’s Free Legal Advice Clinic for Veterans. They are very grateful for the help they receive. A lot of thought and care went into designing the clinic, pairing attorneys with veterans smoothly so no one waits very long to be served. What is striking each time I attend is that often the attorneys who volunteer have no prior active-duty military or reserve experience, but because they are so accomplished, they are great resources for the veterans whose complicated legal needs really do challenge even their level of experience and skill. So this Veterans Day, as we honor those who have served

Eric Galton

Austin Lawyer November 2015

David Moore

our country, we have two requests: (1) if you are an Austinarea lawyer, please volunteer with the Austin Bar Association by contacting Doug Lawrence at doug@austinbar.org; and (2) if you know a veteran who needs legal help, direct them to texasbar.com/veterans or call the Austin Bar Association at 512.472.0279 or the State Bar of Texas at 800.204.2222, x1514 for more information. • AL Allan K. DuBois is president of the State Bar of Texas and the owner of the Law Office of Allan K. DuBois in San Antonio, where he handles civil litigation and appeals, mediation, and arbitration. He is a former U.S. Army JAGC lawyer who has volunteered for veterans legal clinics since their inception. Laura Fowler, founder of The Fowler Law Firm in Austin, graduated from Baylor Law School in 1979 and began her career as a member of the U.S. Navy JAGC. Since returning to Texas in 1983, she has defended the rights of people and institutions in the state and federal courts of Texas.

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Austin LGBT Bar Gala Raises Funds for Law Student Scholarships

he Austin LGBT Bar Association’s first scholarship gala was a tremendous success, attracting more than 200 attendees. Sculpting the Future was held the evening of Sept. 24 at the Umlauf Sculpture Garden and raised funds for a new scholarship program to be administered by the Austin Bar Foundation. The scholarship will benefit LGBT and ally law students in Texas, beginning in the 2016-17 academic year. The

evening also honored Austin attorneys Chuck Herring and Jody Scheske, who successfully secured Texas’ very first legal same-sex marriage and divorce, respectively. “After only four years of existence, the Austin LGBT Bar Association was thrilled to kick off the scholarship with such a successful event honoring Herring and Scheske for their trailblazing work in LGBT advocacy,” said Elliott Beck, the Association’s current president.

(from left) LGBT Bar Assocication Vice President Robert Vela; honoree Chuck Herring; LGBT Bar Association President Elliot Beck; honoree Jody Scheske

“With the money raised, we can begin supporting the next

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generation of lawyers and advocates who will continue to fight for the rights of all people to be treated equally under the law.” Herring and Scheske were each presented with the Association’s first Legal Advocacy Awards for their efforts on behalf of the LGBT community. Herring represented the first same-sex couple to legally marry in Texas — even before the U.S. Supreme Court decision in Obergefell v. Hodges, which found that same-sex couples could not be denied the right to marry under the Constitution. Also preObergefell, Scheske succeeded in securing Texas’ first samesex divorce by convincing the Texas Supreme Court that it should reject the state’s attempt to intervene in the case. In addition to being treated to speeches by the honorees, gala attendees were invited to tour the beautiful grounds of the Umlauf Sculpture Garden, including its current temporary exhibits, which were graciously made available for the event thanks to presenting sponsor, Jackson Walker LLP. The evening also featured a live model sculpting demonstration by local artist Cindy Debold, live violin and guitar performances, and complimentary food and music made possible by sponsors Eat Out In and Colorado High Vodka. • AL November 2015 Austin Lawyer

Barbara Jordan Inn of Court Accepting Applications

The Barbara Jordan Inn of Court is currently accepting applications for admission for the 2016-17 year. Applications are open for all attorneys and judges involved in litigation. DEADLINE: Monday, Nov. 30, 2015 Those interested should submit a letter addressed to Frank A. King stating their interest, a resume, and two letters of recommendation. Send materials to Allison Cunningham at barbarajordaninnofcourt@gmail.com. American Inns of Court are designed to improve the skills, professionalism and ethics of the bench and bar. An American

Inn of Court is an amalgam of judges, lawyers, and in some cases, law professors and law students. Each Inn meets approximately once a month to hold programs and discussions on matters of ethics, skills and professionalism. American Inns of Court throughout the country actively involve more than 29,000 state, federal and administrative law judges, attorneys, legal scholars and law students. • AL

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The Texas Access to Justice Foundation Awards $71,650 Grant to Texas Advocacy Project

he Texas Access to Justice Foundation has awarded a $71,650 grant to Texas Advocacy Project (the “Project”) to support virtual legal clinics

and custody modifications. “The intersection of poverty and domestic violence creates logistical challenges for survivors to access the justice system, notably a place to meet

“The introduction of virtual legal clinics in safe locations such as shelters will increase access to justice for domestic and dating violence, sexual assault and stalking victims, particularly in rural areas...” – HEATHER BELLINO Executive Director, Texas Advocacy Project staffed by Project attorneys at shelters throughout Texas. With these clinics, survivors of family violence will have the opportunity to speak regularly or video conference with Project attorneys to receive free legal services, including assistance with protective orders, divorces, suits affecting the parent-child relationship,

an attorney. The introduction of virtual legal clinics in safe locations such as shelters will increase access to justice for domestic and dating violence, sexual assault and stalking victims, particularly in rural areas and areas underserved by other legal aid organizations,” said Heather Bellino, the Project’s executive director.

Potential clients will be made aware of the clinics by shelter staff and through targeted community outreach. Because statistics show only two percent of victims use residential shelter services, it is important to involve other stakeholders who interact with victims. To that end,

staff attorneys and volunteers assigned to the shelter will work with their leadership to market the clinics to local law-enforcement agencies, offices of court administration, law libraries, faith-based organizations, and others in an effort to engage hard-toreach populations. • AL

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opening statement Outlining Effectively By Wayne Schiess, Texas Law, Legalwriting.net

ast month we learned the value of outlining before writing. This month we’ll discuss how to create an effective outline. In any good writing process, one important step comes before outlining: brainstorming. After all, you’ll need something to outline: topics or ideas or points. So jot them down or type them up. Three tips: Don’t edit yourself — you can edit later. Be over-inclusive — you can cut when you’re outlining. And don’t worry about order — it doesn’t matter yet, and besides, “Adding numbers initially requires you to know the best order for the points before you have clarified what all those points will be,” according to Ray & Cox in Beyond the Basics: A Text for Advanced Legal Writing. Just get the ideas down. For an analytical document like a memo, motion, letter, or brief, you might not need to brainstorm the formal, required sections like Introduction, Statement of Facts, and Argument. You likely have a template or other guidance for those. So what you’ll be brainstorming are the issues you need to address, the main legal points underlying those issues, and any sub-points supporting the main points. Once you’ve brainstormed, you can outline. Outlining a legal analysis usually has three steps: (1) identify and order the issues; (2) identify and order the main points for each issue; and (3) identify and order the sub-points for each main point. The first step is to scan your brainstormed list and identify the issues. Write out each one fully. If your document addresses only one issue, hurray. Go to the second step. If you have multiple issues, you must order them. Three points of general guidance: (1) threshold issues come first: if you must address a substantive issue as well as standing, standing comes first; (2) common legal sense or logic often suggests an order: if you must address both liability and damages, liability comes first; and (3) importance may affect the order: if you must address two issues, and one of them is more important, the important issue comes first. The second step is to identify and write out the major points you’ll address for each issue. These might be points of law in a memo or letter; they might be arguments or assertions in a motion or brief. Sort them by placing each one underneath the issue it relates to. Now write out, in a complete sentence, each point. If you have multiple points for an issue, write them all out. By definition, all the points under an issue are at the same level of your outline, so they should be written (and formatted) the same way — typically as a complete sentence. Now order them. The same ordering principles apply: Address threshold points before substantive points and follow any order embedded in the legal rules. For example, if your points

“When you start your argument with a strong point, the reader’s first thought is ‘This is a good argument,’ and that impression can carry over to the rest of the points you make.” — MARY BETH BEAZLEY A Practical Guide to Appellate Advocacy address the elements of a legal standard, address them in the order they appear in the law. In ordering your points, the third principle, importance, takes on more significance. Generally, present the strongest or most important points first and order them in descending order of importance. Mary Beth Beazley, in A Practical Guide to Appellate Advocacy, gives a good reason: “When you start your argument with a strong point, the reader’s first thought is ‘This is a good argument,’ and that impression can carry over to the rest of the points you make.” The third step is to identify and write out any sub-points or supporting points for each main point. Although you might later decide to phrase your sub-points as one- or two-word subheadings, for purposes of outlining, it’s good practice to write out each sub-point as a complete sentence. In addition, under any main point, follow the formal outlining rule that you create a sub-point only if you have two or more. If you have only one, incorporate it into the main point. And that’s the basic advice for outlining. • AL November 2015 Austin Lawyer

Leading by Example: It Takes Practice By E.K. Meltzer

ow many of us take eight minutes of our day to mentor others in the legal profession? How many of us take time to ask for help from someone with more experience? Contrast that with how much time we regularly devote to grumbling about the decline of standards, complaining about others who don’t know what they’re doing, and wondering why things aren’t as easy as they used to be. Recently, I had the privilege to view the Transition to Practice introduction video created by the Professionalism Committee of the State Bar of Texas. In this eight-minute video, Chief Justice Nathan L. Hecht offers practical tips and insights in answer to the question “what does the profession expect of us?” After viewing this inspirational video, I reached out to members of the State Bar’s Professionalism Committee to find out who wrote the script and to congratulate them on a job well done. Their answer won’t surprise you, and it reflects the best spirit of professionalism and collegiality. Members of the Professionalism Committee, Kenda Culpepper and Jacob Marshall, worked with Fifth Court of Appeals Justice Douglas Lang and Chief Justice Hecht to ensure the words and sentiments the Chief Justice shares in the video include his personal thoughts on mentoring, professionalism, and the legal profession. The video serves as a tribute to the public spirit of the bar and judiciary at all levels of practice in our great state. To watch the video, visit texasbar.com/transition. For a listing of State Bar mentoring resources, visit texasbar.com/mentoring. We all have a role to play in the significance of mentoring in the legal profession. Here are four easy ways any of us can lead by example.

The Texas Lawyer’s Creed

The Texas Lawyer’s Creed promotes our collective goals of eliminating abusive tactics within the practice of law in Texas and promoting respect and confidence in the legal profession. In your office, chambers, or even in your home, you can display a poster-sized (24” x 36”) version of the Texas Lawyer’s Creed. Members can also receive free a Texas Lawyer’s Creed brochure available in both English and Spanish. To obtain your free copy of the poster or brochure, email professionalism@texasbar. com or call 512.427.1726.

The State Bar of Texas Professionalism Committee

Chaired by Rockwall County District Attorney Kenda Culpepper, the Professionalism Committee recently inaugurated its Web-based project Need Ethics? A Directory of Speakers. See it at texasbar.com/ethicsspeakers. This online database provides contact, topic, and travel-distance information for ethics speakers who are willing to travel to your city. The intention of this project is to match speakers with local groups interested in discussing professionalism matters. The Professionalism Committee’s database is an easy way to help your group by providing them with a knowledgeable speaker.

Walking the Talk of Professionalism

Taking time to mentor others is an investment, both personal and professional. Personally, mentoring builds a network and allows you to promote your style and values. Professionally, your experience and shared wisdom helps others comport themselves with dignity and respect while avoiding rookie 12

Austin Lawyer November 2015

mistakes. To make things easier for you, the State Bar of Texas has multiple “how to mentor” resources. With this information alone, you have a secret weapon to mentoring success. Visit texasbar.com/mentoring for a listing of resources.

Working With A Mentor

If Shakespeare were around today, wouldn’t you consider asking him to comment on your play? The State Bar of Texas has similarly knowledgeable attorneys just waiting for your call. Far from being an imposition, receiving a request to mentor is one of the most flattering professional moments a lawyer experiences. One great way to find a mentor is through legal education courses. Identify someone who motivates you — and contact that person. Mentors are everywhere. They are just waiting to be asked to help you. Chief Justice Hecht notes that honesty, integrity, and civility should be qualities of all lawyers within the State Bar of Texas. How we manifest these qualities is a comment on our professionalism. Using the Transition to Practice and other professionalism resources available can help all lead by example in demonstrating how the State Bar of Texas is dedicated to winning and maintaining public trust every day. Visit texasbar. com/transition for more resources on the Transition to Practice program. • AL Eleanor K. Meltzer is a member of the State Bar of Texas Professionalism Committee and lives just north of Austin where she focuses on the issues that make a career as a government attorney so rewarding: Contracts; Human Resources; Risk Management; Veterans Benefits; and Intellectual property. She received her undergraduate degree from Stanford and her J.D. from Georgetown University Law Center.

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Austin’s Mother Attorney Non Profit Launches Website, Names New President

he Mother Attorney Mentoring Association (MAMAs Austin) is proud to announce it now has a public face, MAMAsAustin.org, in addition to its member-only accessible sites. The 501(c)(3) organization recently celebrated its fifth anniversary and has more than 430 members. The group focuses on professional development, networking opportunities, and parenting support and advice for working mom attorneys. The website will provide members and nonmembers alike with information about the organization, including programming, sponsorship opportunities, and member achievements. Beginning this month, Stephanie Potter, a Partner at Naman Howell Smith & Lee, will lead the group as its president, taking the reins from Lauren Schoenbaum of the Schoenbaum Firm. Potter has been actively involved with MAMAs for more than four years. Schoenbaum will remain on the board of

Our membership numbers show that women are looking for this type of support... – STEPHANIE POTTER directors. Joining Potter and Schoenbaum on the board are founder Amy Beckstead, Jana Terry, Jeanine Hudson, Christine Andersen, Andrea Batista, Eleanor Ruffner, Amina Dammann, Kimberly Gdula, Ashley Phillips, Hong Shi, and Stacey Reese. Potter explained that MAMAs Austin “is unique in that it is a professional networking group whose mission is not to interfere with family time. We host lunch speakers who provide professional or parenting advice. We host informal lunches to talk about everything from daycares and schools to building your law practice. Families are invited to evening or weekend events. Our membership

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Austin Lawyer November 2015

(from left) Hong Shi, Amina Dammann, Amy Beckstead, Stephanie Potter, Ashley Phillips, Christine Andersen, Lauren Schoenbaum, Jana Terry, and Kimberly Gdula

numbers show that women are looking for this type of support, so I’m thrilled to help guide programming and events for the next two years.” “Austin is a kid-friendly city, so there are social activities for parents already. MAMAs Austin creates professional enrichment activities

that work around our kids’ schedules too. Sometimes we all need a reminder that a successful career and a happy family aren’t mutually exclusive.” For information, visit MAMAsAustin.org or contact MotherAttorneysAustin@ gmail.com. • AL

3rd court of appeals update

he following are summaries of selected Third Court of Appeals’ civil opinions issued during September 2015. The summaries are intended as an overview; counsel are cautioned to review the complete opinion. Subsequent histories are current as of October 5, 2015. Administrative law: Disciplinary termination warranted administrative appeal. Brown v. Nero, No. 03-1400231-CV (Tex. App.—Austin (Tex. App.—Sept. 22, 2015, no pet. h.). Police Chief Nero indefinitely suspended Officer Brown over alleged drug use. While Brown’s appeal was pending, Nero informed local prosecutors of Brown’s alleged misconduct. The prosecutors responded that they would not accept cases involving Brown. The hearing examiner found in favor of Brown and reduced the suspension to 15 days and reinstated her with back pay and benefits. City reinstated Brown, but the next day terminated her based on the prosecutors’ refusal to accept Brown’s cases. Brown’s second administrative appeal was denied on the basis that her termination was not disciplinary. Brown sued. The trial court granted Nero’s plea to the jurisdiction. The court of appeals concluded that Brown’s termination was disciplinary in nature and that she was entitled to an appeal. Brown’s second termination was based on the same alle-

gation as her first — that she had committed acts meriting a disciplinary suspension. The court reversed in part and remanded. Probate: Mandamus relief granted when court ordered immediate compliance. In re Renz, No. 03-1500207-CV (Tex. App.—Austin Sept. 10, 2015, orig. proceeding) (mem. op.). A mediated settlement agreement required beneficiary to return assets that had been taken from decedent before death. Contending beneficiary failed to comply with the MSA, executor withdrew her consent to the MSA. On intervenor’s request, the probate court enforced the MSA as to one beneficiary, and ordered executor to transfer estate property and to pay intervenor’s attorney’s fees of $70,000 within four days of the order. Executor sought mandamus relief. The court of appeals concluded that the probate court abused its discretion because ordering immediate compliance removed executor’s ability to maintain the status quo pending review of whether the MSA was enforceable. Further, because executor had no ability to suspend the order, she lacked an adequate remedy. The court granted mandamus relief. Administrative law: Offering administrative remedy moots lawsuit. Orr v. The University of Texas at Austin, No. 03-14-00299-

CV (Tex. App.—Austin Sept. 23, 2015, no pet. h.) (mem. op.). Orr received a doctoral degree from UT in 2008. In 2012, UT informed Orr that allegations of scientific misconduct had been lodged against her. After an internal review, Orr’s degree was revoked. Orr sued, alleging due process violations. The parties entered a Rule 11 agreement that restored Orr’s degree subject to discussions about affording her additional process. UT later informed Orr that a student disciplinary action would be initiated. UT then filed a plea to the jurisdiction, contending that restoring Orr’s degree mooted her claims. The trial court granted the plea. The court of appeals concluded that Orr no longer had a legally cognizable interest in any relief against UT. UT went beyond the remedy of due process by restoring her degree and setting out the procedures for a future hearing. The court affirmed. Construction law: Act requires proof that engineer’s fees were reasonable and necessary. CS Custom Homes, LLC v. Stafford, No. 03-13-00315-CV (Tex. App.—Austin Sept. 23, 2015, no pet. h.) (mem. op.). Stafford sued homebuilder for defects in her home. Jury awarded Stafford DTPA damages and attorney’s fees. Builder contended that Stafford failed to present evidence that her engineer’s expenses were reasonable

Laurie Ratliff is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is a shareholder with Ikard Golden Jones. From 1998 through 2001, she was a staff attorney with the Third Court of Appeals.

and necessary. The court of appeals noted the Residential Construction Liability Act differentiates between costs of repairs and reasonable and necessary engineering fees. The court concluded that plaintiff must provide evidence that an engineer’s fees were reasonable and necessary. Engineer explained his work and his findings but failed to testify as to the reasonableness of his fees. The court modified the judgment to reduce the damages awarded, and reversed and remanded the attorney’s fees and prejudgment interest awards. • AL November 2015 Austin Lawyer

National Board of Trial Advocacy Teams with Civil Litigation Section and Forms Austin Chapter

eaming with the Civil Litigation Section, the National Board of Trial Advocacy (NBTA) has formed an Austin chapter actively involved in Civil Litigation Section projects, including co-sponsoring and participating in the 11th Annual Ultimate Trial Notebook program planned for November. Headquartered in Massachusetts, NBTA offers national board certification in civil trial law, civil pretrial practice, criminal trial law, family trial law, and other specialty areas. NBTA’s Austin chapter includes board members Dicky Grigg, Jim Richardson, David Davis, Mike Slack, Richard Alexander, and David Brenner. Richardson, who was appointed to NBTA’s national board of directors in August, was named President of the Austin chapter. National NBTA representatives slated to speak at the 11th Annual Ultimate Trial Notebook program include NBTA’s na-

tional President, David Rapoport; President-Elect Jack McGehee; Vice-President Gary McNeil, who serves as Executive Director of the Texas Board of Legal Specialization; and NBTA Past-President Jim Wren, Professor of Trial Advocacy at Baylor Law School. The 11th Annual Ultimate Trial Notebook program is planned for Nov. 13 at Vinson & Elkins Conference Center. A luncheon honoring NBTA’s Austin Chapter is planned for Nov. 13 at the Headliners Club. Austin Bar Association members interested in NBTA should call Josephine Brent with Richardson + Burgess at 512.499.8879. • AL

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briefs New Members Please welcome the following new members to the Austin Bar: Jessica Brandon Jessica Cassidy, Health Law Ian Cohen, Commercial and IP, Litigation Robert Daniel Louis Dubuque, Family Law John Fabry Ancy George, Real Estate Law Christopher Goodpastor, Patent Litigation and Antitrust Litigation Maria Hahalis Hartwell Harris Stephanie Hayes Daniel Izzo Margaret Kercher, Criminal Defense Allan King, Labor & Employment Law, Class Action Litigation Daniel King, Class Action Litigation Brandon Lange Claire McGuinness R. Buck McKinney, Entertainment and IP Law Houston Musick Sarah Nicolas Mark Roles, Family Law & Personal Injury Abigail Ryan Jennifer Shamas Maura Sharp, Employment Law Oliver Thoma, Mass Tort, Medical Malpractice, Pharmaceutical, & Device Litigation Randall Wilburn, Environmental Law, Water Law, Utility Law, Land Use, Land Development Penny Wilcov Amy L. K. Wills, Tax Law Suzanne Yashewski

Kateff, Katz, Mendiola, Thomas and Walker

APPOINTMENTS/ELECTIONS Hal Katz, a partner within Husch Blackwell’s Healthcare, Life Sciences and Education strategic business unit has been appointed to the Council of the ABA Health Law Section and elected Treasurer of the Texas Bar Health Law Section. Governor Greg Abbott has appointed Robert Thomas as Chairman of the Texas Facilities Commission with a term set to expire Jan. 31, 2021. The Texas Facilities Commission manages state government buildings and handles the sale of surplus property, including property donated to the state by federal programs.

NEW TO THE OFFICE Christie Dickenson has joined Lloyd Gosselink Rochelle & Townsend as an associate, where she will serve as a member of the firm’s Water, Districts and Business Services Practice Groups. Franklin Hopkins has joined Germer Beaman & Brown as an associate. Hopkins represents physicians facing disciplinary action from the Texas Medical Board and defends medical malpractice

claims. Email: fhopkins@ germer-austin.com. Phone: 512.750.8020. Austin-based construction firm, Allensworth & Porter, has added Megan Kateff and Kaleb Walker as associates to its firm. Greenberg Traurig has added Carey Gunn Venditti, Emily Jung, and Jennifer Cook Purcell to its legal team. Jesse Weiss has joined Hohmann, Brophy & Shelton as a partner.

AWARDS Sutherland Asbill & Brennan’s Lion Mendiola III has been named one of the 2015 Texas Super Lawyers. The following Husch Blackwell attorneys were named 2015 Texas Super Lawyers: Elizabeth G. “Heidi” Bloch, David W. Hilgers, R. Keith Hopson, Hal Katz, Stephen W. Lemmon, and Thomas H. Watkins.

ON THE MOVE Hohmann, Brophy & Shelton has moved its office to 210 Barton Springs Rd., Suite 250, Austin, TX 78704.

If you are an Austin Bar member and you’ve moved, been promoted, hired an associate, taken on a partner, or received a promotion or award, we’d like to hear from you. Notices are printed at no cost, must be submitted in writing, and are subject to editing. Items are printed as space is available. Information on lawyers who are not Austin Bar members will not be printed. Briefs do not include information on talks, speeches (unless they are of national stature), CLE presentations, political announcements, or notices of honors determined by other legal publications. Announcements for briefs should include all pertinent information including firm name, address, and contact numbers. Send submissions to Communications Assistant Britni Rachal at britni@austinbar.org.

November 2015 Austin Lawyer

w w w. a y l a . o r g

AYLA President’s Column Chari L. Kelly, Office of the Travis County District Attorney

Networking 101

Quality, not quantity

Your networking goal should always be to build quality relationships. Brief interactions at events can be a good start, but will be much more valuable if they become longterm relationships based on mutual interests or goals. To cultivate those relationships, focus on the events where you are likely to meet people with your interests or in your area of practice: Inns of Court, Bar section meetings, meetups, and alumni groups. Then, spend some time getting to know a group of people at that event, rather than a quick

handshake with everyone in the room. People remember the folks they liked and had things in common with, not the drive-by introduction and business-card exchange.

Joining the conversation

The most straightforward way to meet someone is to introduce yourself. But that’s hard to do with someone you don’t yet know. One trick is to ask someone you already do know to make an introduction. But where do you go from there? Everyone has faced an awkward moment after an introduction when your new companions simply go back to their conversation as if you weren’t there. Try listening and then asking a question that shows you are interested in the conversation. Always ask questions about the people you meet — people, especially lawyers, love to talk

about themselves. After you are included in the topic, your introduction becomes more organic to the conversation. “You work at the Attorney General? What division? Do you know X? I used to be in Consumer Protection. My name is Susan.” You get the idea. For cold introductions, try to target larger groups. Also, be on the lookout for groups of people standing farther apart, they may be more open to you joining and introducing yourself.

Leaving the conversation

Exiting a conversation because you are leaving an event is one way out. “I’m sorry, I have to leave to get to my child/spouse/appellate brief/adoring miniature poodle,” and so on. But what do you say if you just want to keep networking? It is very easy to get stuck. If you’re in a group conversation and others are chatting, try a simple: “Excuse me, it was nice speaking

SEE THERE

s lawyers, particularly young lawyers, we are often told: network, network, network! However, no one ever shares how to network. Here are a few thoughts to jumpstart you into the holiday party season.

YOU

Judge Tim Sulak, Jorge Padilla, John Ellis and Jason Jordan networking with Chari Kelly 18

Austin Lawyer November 2015

with you,” and walk away. Or, politely offer a reason: “I’m going to grab another drink.” “I need to use the little lawyer’s room.” “I would like to congratulate Judge X on her campaign victory.” One great tip I received is that if you made a contact and want to follow up, tell them so as you leave. “I’d love to tell you more about that AYLA committee — do you have a card?”

Give before you get

You have your connection, now how do you use it? If you are generous with your time and contacts, people are more likely to return the favor. “I just saw Bar & Grill, thanks for telling me about the show. It was great! Following up with our conversation from last week, could you put me in contact with your old boss?” Armed with these tips, I look forward to seeing you at AYLA’s next Docket Call. • AL

Upcoming Events AYLA Docket Call/Joint Happy Hour with LEAP Thursday, November 19 5:30 to 7 p.m. Location TBD

Reindeer Games Sunday, December 13 1 to 3 p.m. Parque Zaragoza, 2608 Gonzales St. Email debbie@austinbar.org to volunteer.

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Annual Judicial Reception Held at Four Seasons

n Sept. 24, the Austin Young Lawyers Association held its annual Judicial Reception at the Four Seasons Hotel. The Judicial Reception provides AYLA members with an opportunity to share an evening of great food and even better conversation with local, state, and federal court judges. This year was no exception. AYLA members who took

advantage of the opportunity were treated to an entertaining evening with judges from all levels of the judiciary. AYLA extends special thanks to all of the judges who attended and to all of the event sponsors for making this successful event possible. For more information about other outstanding AYLA events, please visit ayla.org. • AL

Jessica Mangrum Awarded 2015 Alumnus Award

essica Mangrum is the newest recipient of AYLA’s Alumnus Award. Mangrum has had a constant presence within the Austin legal community for more than ten years. She currently serves on the Board of Directors of the Austin Bar and served on the AYLA board for four years. While she has worked with many committees in both organizations, she is most proud of her work with Habitat Legal Build where she raised $65,000 to fund Habitat for Humanity homes in 2009 and 2011. She also continues to work with Habitat Young Professionals. Mangrum is a trial lawyer and has been named a Texas Rising Star. She has also taught trial advocacy at UT. She runs marathons, is a graduate of Leadership Austin, and serves on the City of Austin’s Building and Standards Commission. And yet, she still finds time to mentor younger attorneys in AYLA and at her firm, Thompson Coe, where she has worked for 13 years. For all of these reasons, AYLA is proud to name Jessica Man(from left) Whitney Mack, Jessica grum the Outstanding AYLA Mangrum, and AYLA President Elect Katie Fillmore Alumnus for 2015. • AL

Left: (from left) Ashley Thomas, Judge Karin Crump, and Amanda Taylor Right: (from left) Allison Cunningham, Judge Elisabeth Earle, and Kelli Fuqua

All Aboard the CLE Ethics Bus

YLA members kicked off their Labor Day weekend with three hours of Ethics CLE aboard the “AYLA Ethics Bus” on Sept. 3. Attendees traveled by chartered bus to the Deep Eddy Distillery in Dripping Springs, while listening to interesting presentations on ethical topics. On the ride, Sam Johnson, of Scott Douglas & McConnico, led with his presentation on avoiding legal malpractice. Johnson highlighted common pitfalls he sees in his practice defending malpractice cases and provided tips for avoiding trouble. One participant commented that Johnson’s tips “were practical and easy to put into practice immediately.” Once attendees arrived, they enjoyed a tour of the distillery and a tasting of Deep Eddy’s flavored vodkas. While at the distillery, attorney-lobbyist David Courreges, provided an ethical perspective on recent changes to the law during the 84th Texas Legislative Session. On the bus ride home, Adam Schramek, of Norton Rose Fulbright, presented on litigation ethics by providing a case study of two published opinions showing the consequences of bad ethical decisions. Schramek kept the group entertained with a dramatic reading of testimony from one of the cases. Plans are in the works for a similar event in 2016. AYLA would like to thank the speakers, the host, Deep Eddy Vodka Distillery, and the generous sponsors who made the event possible: TERIS Litigation Support Services, ATX Bilingual Mediation, Lakeside Mediation, and U.S. Trust. • AL November 2015 Austin Lawyer

LegalLine Volunteers — Thank You!

he lawyer volunteers who work with Lawyer Referral Service’s LegalLine (a legal advice hotline), taking calls from the public, are often amazed at the wide range of questions they receive. Calls range from the typical divorce and custody questions to employment, consumer, criminal, personal injury, and even maritime issues from the Houston area. The calls come in at a furious rate for most of the allotted two-hour window, leaving very little time for volunteers to take a breather. LegalLine is held on the first Tuesday of every month from 5:30 – 7:30 p.m. We would like to thank the following volunteers for assisting the public with their legal issues:

JULY Alex Conant Ali Akhtar Eleanor Ruffner Jim Clements Michael Ponder Sean Levinson Shannon Stanfield Tyler Hickle

AUGUST Angelica Rolong

Edward Wilhelm Mark Roles Mylan Shaunfield Sean Levinson Shannon Stanfield

SEPTEMBER Brent Devere Eleanor Ruffner Hilton Moore Jackie Watson Robert Vela William Russell

We also would like to thank our generous vendors who donated food for the volunteers during this public service project. Thank you, Austin’s Pizza and Chili’s, store #1386, for providing food for the volunteers!

For more information on LegalLine and how to volunteer, please contact the Lawyer Referral Service of Central Texas at 512.472.8303 or visit austinlrs.com. • AL

THANK YOU Austin’s Pizza

Chili's

Help protect your income with disability insurance. You look out for your clients’ best interests. But when it comes to your financial well-being, who’s looking out for you? Disability insurance from MetLife can help you continue to pay bills should you lose the ability to work. Because if you’re sick or injured, we want you to concentrate on getting better and getting back to your practice. Contact your MetLife representative today to see what you can do with MetLife. Peter Berardino Financial Services Representative Capital Strategies of MetLife 6300 Bee Cave Rd Bldg 2, Suite 400 Austin TX 78746 (512) 482-9026 pberardino@csomtx.com Disability insurance is issued by Metropolitan Life Insurance Company on IDI2000-P/NC, IDI2000-P/NC-ML, IDI2000P/GR, AH 5-88, AH 7-96-CA, AH 8-96-CA and IDIP12-01-IDIP12-08. Like most disability insurance policies, MetLife’s policies contain certain exclusions, waiting periods, reductions, limitations and terms for keeping them in force. Ask your representative about costs and complete details. All policies, riders and provisions may not be available in all states, at all issue ages and to all occupational classes. Ask your representative for complete details. Eligibility is subject to underwriting approval. For policies issued in New York: These policies provide disability insurance only. They do NOT provide basic hospital, basic medical or major medical insurance as defined by the New York State Department of Financial Services. The expected benefit ratio for these polices is at least 50%. This ratio is the portion of future premiums that MetLife expects to return as benefits when averaged over all people with the applicable policy. © 2014 Metropolitan Life Insurance Company, 200 Park Avenue, New York, NY 10166. CLDI24271 L0814388604[1016][All States][DC,PR] 1409-2256 -Not FDIC-Insured -Not Insured By Any Federal Government Agency -Not Guaranteed by Any Bank or Credit Union

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Securities cases Employment cases Personal injury cases

McCullough ADR witcher@mcculloughadr.com | www.McCulloughADR.com

Office: 512.587.3144 20

Austin Lawyer November 2015

fax: 512.233.1750

Help Austin Adoption Day Create Forever Families You’re invited to the 14th Annual Austin Adoption Day celebration where 47 children will find their Forever Families.

Thursday, Nov. 5, 2015 9 a.m. to 1 p.m. News Conference: 11 a.m.

Gardner Betts Juvenile Justice Center 2515 South Congress Ave. RSVP to Britni Rachal at Britni@austinbar.org or 512.472.0279, x108

Thorough and Supportable Business Valuations Since 1996 Edward C. Fowler, CFA, ASA, MAFF edward@financial-valuations.com Tel: (512) 476-8866 www.financial-valuations.com

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November 2015 Austin Lawyer

upcoming events

NOVEMBER 2

9 20

Austin Lawyers Wellness Group Time: Noon – 1 p.m. Location: Austin Bar, 816 Congress, Bluebonnet Room (3rd Floor)

Free Legal Advice Clinic for Veterans

Time: 1:30 – 4 p.m. Location: VA Outpatient Clinic, 7901 Metropolis Dr.

Criminal Law Retreat

Friday, Nov. 20 – Saturday, Nov. 21 Location: T-Bar-M, 2549 Highway 46 West, New Braunfels Registration: austinbar.org

DECEMBER 4

Help your clients help themselves

Chris@StClairCoaching.com www.StClairCoaching.com 512 329 8860 (O) 512 423 0402 (C)

Holiday Ethics CLE

Friday, Dec. 4 Time: Doors open at 12:30 p.m. Location: Austin Bar, 816 Congress, Seminar Room RSVP early at austinbar.org

The Upcoming Events page highlights just a few of the events of interest to the Austin legal community. For a full listing of Austin Bar events, including Section CLEs, please visit the website at austinbar.org/events.

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Austin Lawyer November 2015

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Advertiser Index

YOU’RE INVITED...

BUSINESS

PAGE NUMBER

Apple Leasing........................................17 Broadway Bank.....................................24 BusinesSuites Hill Country Galleria......13 Capital Strategies of MetLife..................20 Constable 5............................................13 David M. Gottfried – Mediator.............8 Financial Valuation Services..................21 Foster, LLP.............................................7 Jennifer Johnson Legal, PLLC................14

which are you? AUSTIN BAR FOUNDATION GALA

JANUARY 30, 2016 | FOUR SEASONS HOTEL TICKETS AVAILABLE AT AUSTINBAR.ORG 6:30 pm Silent Auction /Cocktail Reception 8:00 pm Seated Dinner/Live Auction Dancing/Casino Games to follow

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November 2015 Austin Lawyer

GOOD IS a bank that knows your value goes far beyond money. What is good? Good is a bank that offers you personal concierge banking and the individualized attention you deserve. It’s a bank who is committed to your financial health. Good is knowing that Broadway Bank truly values you and your time – because we know you’re worth it. PRIVATE BANKING I CUSTOMIZED LENDING I BUSINESS SOLUTIONS I PORTFOLIO MORTGAGES