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austinbar.org JUNE 2025 | VOLUME 34, NUMBER 5

Austin Bar Conference Space Now Open

he Austin Bar Foundation hosted a ribbon-cutting event celebrating the opening of the Austin Bar’s onsite conference space on April 16 at Hilgers House. The Jim & Patty Arnold Conference Room has been a goal since the Bar moved into Hilgers House in 2019. Formerly the garage of the Loewy Family Carriage House, the space has been completely transformed into a sleek conference space that can accommodate up to 30 people. The conference space will be a boon to the Austin Bar’s 28 substantive law sections, which have until now had to schedule CLEs at off-site locations. Now they will be able to utilize the conference space at no cost. The conference room is named after Patty Arnold and her late husband, Jim, an Austin Bar member who passed away in 2020 due to complications of Parkinson’s disease. After graduating from UT Law in 1973, Jim started his legal career as a legal aid attorney in the Rio Grande Valley. When he returned to Austin, he started his own firm, Arnold and Associates, and was one of the first attorneys to get certified in civil litigation by the Texas Board of Legal Specialization. Outside of the law, Jim served

Patty Arnold, middle with scissors, was on hand for the April 16 ribbon-cutting for the Jim & Patty Arnold Conference Room, an onsite conference space at Hilgers House that is available to the Austin Bar’s sections to host CLEs.

on the boards of Legal Aid, SER Jobs for Progress, Candlelighters Childhood Cancer Foundation, and the Volunteer Healthcare Clinic. Jim met Patty Pargaman at UT, who would eventually become his wife and business partner for the next 50 years until Jim’s death. Together, they raised a family with three daughters: Jenny, Katie, and Julie (pictured beside her in the photo above).

When Patty donated to the Foundation to sponsor the conference space, she only wanted Jim’s name attached to it. But at Foundation Chair Justice Chari Kelly’s urging, and with Patty’s approval, the name was changed in order to honor Patty, as well. The April 16 celebration was an exclusive event for Fellows of the Austin Bar Foundation. Sustaining Fellows–Fellows who have completed their $200 over 10 years commitment and continue to make annual contributions to the Foundation–were our honored guests and were gifted beautiful charcuterie boards emblazoned with the Austin Bar logo. Of particular note are three Fellows of the Foundation who made exceptionally generous gifts

at the April 16 event: Laura Fowler, Matt Garcia, and the Hon. Eric Shepperd. Now that the construction beside Hilgers House is finished, we encourage you to take a look at the garden beside the cook’s kitchen, which was recently planted with marigolds that are eagerly growing. In that garden, you’ll find a plaque that says, “Laura Fowler Garden.” If you know Laura, you know how kind and generous she is. She’s the longtime and enthusiastic chair of the Lovin’ It Lawyers section. Established in 2017, the section is “not limited to any specific age category…The section is open to all seasoned attorneys who are Space continued on page 7.

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CONTENTS

AUSTINLAWYER AL AL

JUNE 2025 | VOLUME 34, NUMBER 5

INSIDE

IN EVERY ISSUE

Briefs

Be Well: Happy Work is Everywhere

Federal Civil Court Update

Austin Bar Receives Several Stars of Texas Bars Awards

Third Court of Appeals Civil Update

Austin Bar Conference Space Now Open

6 10

22 MURDERPRINTS: What to Expect When a Loved One is Murdered – Part 2

16 Third Court of Appeals Criminal Update

Armin Salek Elected TYLA President-Elect

Texas Supreme Court Update

Eighteenth Annual Color of Justice Program

Local Jury Trial Verdicts

29 Meet the Austin Black Lawyers 2025 Andrea Pair Bryant Legacy Luncheon Honorees

Texas Supreme Court Update

30 Volunteer Legal Services of Central Texas: Simplifying Pro Bono Work for Lawyers and Expanding Access to Justice for Those in Need

DEPARTMENTS

AYLA

32 Emergency Cessations and Succession Planning: Be Safe And Preserve Value

Entre Nous

ONLINE austinbar.org NEWS & ANNOUNCEMENTS

UPCOMING EVENTS

SUMMER LAW CLERK SOCIAL Your summer law clerks and interns are invited to take part in the Austin Bar’s second-annual summer social. This event will take place at Mean Eyed Cat on June 26 at 5:30 at Mean Eyed Cat, 1621 W. 5th St. Registration is now open at austinbar.org/summer-social. Attendees will also be invited to watch a jury trial in July at the Civil and Family Courthouse.

June 25 Lawyers on the Jury CLE

12 - 1 p.m. CFCF, Multipurpose room, 1st floor Free to attend

CONNECTIONS ONLINE austinbar.org EMAIL billy@austinbar.org MAIL Austin Bar Association 712 W. 16th Street Austin, TX 78701 Austin Bar app available for iPhone and Android. SOCIAL LIKE facebook.com/austinbar FOLLOW twitter.com/theaustinbar FOLLOW instagram.com/theaustinbar CONNECT https://www.linkedin.com/ company/austin-barassociation WATCH vimeo.com/austinbar

JUNE 2025 | AUSTINLAWYER

ADDICTION & MENTAL HEALTH RESOURCES 24-Hour Suicide & Crisis Lifeline - 988 - call or text | Live chat: SuicidePreventionLifeline.org Texas Lawyers’ Assistance Program (TLAP) - 1-800-343-8527 TLAP is a 24-hour confidential crisis counseling and referral program to help lawyers, law students, and judges with substance use and mental health issues. Justice Mack Kidd Fund The Austin Bar Foundation administers the Justice Mack Kidd Fund, which can provide financial assistance to individuals seeking treatment for depression or similar illnesses. Visit austinbar.org/?pg=justice-mack-kidd-fund to learn more. Personal Crisis Assistance Program (PCAP) The Austin Young Lawyers Association Foundation provides grants and/or peer support for individuals suffering from a personal crisis. Contact Debbie Kelly: 512-472-0279 x 105 Sheeran-Crowley Trust Administered through TLAP, the trust provides financial help to Texas attorneys, judges, and law students who need treatment for substance use, depression, and other mental health issues. Visit sheerancrowley.org to learn more. Alcohol & Drug Abuse Austin Drug & Alcohol Abuse Program - 512-454-8180 Alcoholics Anonymous - 512-444-0071 Cocaine Anonymous - 512-479-9327 Narcotics Anonymous Counseling - 512-480-0004 Psychiatric Emergencies Emergency Screening in a Psychiatric Crisis 24/7 - 512-472-4357 Samaritan Center (provides professional counseling services on a sliding scale) - 512-451-7337

AUSTINLAWYER OFFICIAL PUBLICATION ALOF THE A L AUSTIN BAR ASSOCIATION AUSTIN BAR ASSOCIATION

Mary-Ellen King �� President Maitreya Tomlinson �� President-Elect Judge Maya Guerra Gamble �� Secretary Rob Frazer �� Treasurer Justice Chari Kelly �� Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION

Emily Morris �� President Jenna Malsbary �� President-Elect Gracie Wood Shepherd �� Treasurer Lena Proft �� Secretary Sarah Harp �� Immediate Past President

Austin Lawyer

EXECUTIVE OFFICES

712 W. 16th Street Austin, TX 78701 Email: austinbar@austinbar.org Website: austinbar.org Ph: 512.472.0279 DeLaine Ward....................... Executive Director Debbie Kelly.......................... Associate Executive Director Roslyn Dubberstein............. Assistant Editor Samantha McCoy................. Assistant Editor Abigail Ventress.................... Assistant Editor Billy Huntsman...................... Managing Editor Austin Lawyer (ISSN #10710353) is published monthly, except for July/August and December/January, at the annual rate of $10 membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 712 W. 16th Street, Austin, TX 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 712 W. 16th Street, Austin, TX 78701. Austin Lawyer is an award-winning newsletter published 10 times a year for members of the Austin Bar Association. Its focus is on Austin Bar activities, policies, and decisions of the Austin Bar board of directors; legislation affecting Austin attorneys; and other issues impacting lawyers and the legal professionals. It also includes information on decisions from the U.S. District Court for the Western District of Texas and the Texas Third Court of Appeals; CLE opportunities; members’ and committees’ accomplishments; and various community and association activities. 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 above. For editorial guidelines, visit austinbar.org in the “About Us” tab.

AUSTINLAWYER | JUNE 2025

BE WELL

Happy Work is Everywhere BY JEFF LILLY, GORDON REES SCULLY & MANSUKHANI

We can, after all, acknowledge that we are contradictory beings that can love and not love aspects of the very same thing. As Walt Whitman said: “Do I contradict myself? Very well then, I contradict myself. (I am large, I contain multitudes).”

Jeff Lilly is a partner at Gordon Rees Scully & Mansukhani. He is chair-elect of the board of the American Red Cross of Central and South Texas and is an Austin Bar Foundation board member.

here’s a great song by Wilco called “Love is Everywhere.” “Love, love is everywhere; If, if you want it there.” Whenever I hear it, I find myself doing a gratitude list and thinking about all the people and things in my life that bring me joy, and all the ever-present worries just fade away. Reverse the Curse Our negativity-biased brains are on high alert for anything we can find to focus our worries and anxieties on, but when we reverse that energy in a positive direction, we can find ourselves overwhelmed, realizing all the truly wonderful things that are also in our lives.

Positivity Bias Of course, sometimes we do this at work too. We spend so much time brooding on the aspects of work we may not like, we crowd out all the parts of our jobs we truly like–the collegiality, the challenges, the impacts and connections we make, the healthy flow states, the people and causes we help, not to mention the role work likely plays in our probable core purpose–to provide. Work can really be a vast refuge for an array of joys. Sure, objective achievements, raises, and accolades are part of that. But I’m talking more about the LITTLE things. The things you don’t SEE unless you open your eyes and ears and LOOK and HEAR. Science The thing is–and this makes sense when you stop to think about it–the brain can only focus on one thing at a time. So, if you are focused on the negative, you

are literally blocking the positive. It’s like only being able to see a weed and not the flower right next to it. “The problem is that your brain is not hardwired to focus simultaneously on specific, day-to-day activities and more collective, long-term objectives,” wrote Morela Hernandez in “The Impossibility of Focusing on Two Things at Once” (MIT Sloan Management Review; April 9, 2018). “Neurological science has demonstrated that the human brain is incapable of focusing on two things at once.”

The Big Finish So this all comes back to our good friend Mindfulness. You are what you think and on what you focus. Like a sticker on a parking pole at a coffee shop I have probably overlooked a hundred times, instead of pausing to notice and read. Happy IS everywhere, if you are brave and aware enough to RISK noticing it. AL

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(L-R): Austin Bar Executive Director DeLaine Ward and President Mary-Ellen King.

(L-R): Past Austin Bar President Kennon Wooten, DeLaine Ward, and Past President Martha Dickie.

(L-R): Third Court of Appeals Chief Justice Darlene Byrne and King & Spalding partner Edward Fernandes.

(L-R): Austin Bar President Mary-Ellen King, State Bar of Texas President Steve Benesh, and past Austin Bar President Justice Chari Kelly.

Space continued from page 1.

still passionate about the practice of law and all the future holds for them and their careers,” reads the announcement in the March 2017 issue of Austin Lawyer. The Austin Bar sincerely thanks Laura for her $5,000 contribution to the Foundation. Matt Garcia currently sits on the Austin Bar’s board of directors and is the chair of the LGBTQ+ Law section. He is also a co-founder and the managing member of Barnett & Garcia, a civil litigation firm. Matt is also heavily involved in the planning of the Austin Bar DEI Committee’s annual Equity Summit. Matt earned his JD from UT Law in 1999. His practice focuses on debt collection and judgment enforcement on behalf of insurance carriers, creditors, and financial institutions in state and federal forums.

Matt is admitted to practice in the Western District of Texas. He is a member of the Commercial Law League of America, the International Association of Commercial Collectors, and the American Inns of Court’s Robert Calvert Inn. The Austin Bar Foundation is grateful for Matt’s $4,000 contribution. The Hon. Eric Shepperd is the current judge of County Court at Law #2, an office he has held since 2007. He served as the Austin Bar president for the 2015-16 bar year. During his term, he focused on raising the public’s awareness of legal services and highlighting the ways in which Austin’s legal community works to provide services to those in need. Prior to assuming office at the county court, Judge Shepperd was the director of civil litigation at the Travis County Attorney’s Office and an assistant attorney general for the Law Enforcement Defense

(L-R): Mary-Ellen King thanks Matt Garcia for his $4,000 contribution to the Austin Bar Foundation.

Division. Since 2007, Judge Shepperd has taught in UT Law’s Trial Advocacy Program, and he is a past board member of the Texas Center for the Judiciary and past chair of Leadership Austin. In 2023, Judge Shepperd won the Austin Bar’s Joseph C. Parker Jr. Diversity Award, which honors an individual who has made excep-

tional efforts to diversify Austin’s legal community. Judge Shepperd recently announced his retirement from the bench at the end of his term in December 2026. While still a year away, we want to wish Judge Shepperd a happy and healthy retirement, and we thank him for his $5,000 donation to the Austin Bar Foundation. AL JUNE 2025 | AUSTINLAWYER

BRIEFS New Members The Austin Bar welcomes the following new members: Andrew Kaplan Nandan Padmanabhan Nicole Pearson Brooke Reinhardt

ABOVE (from left): Bell, Blair, Greathouse, Hecht, Van Dyk, Vaught.

Dillon Stevens Jade Toth Austin Vincenzini Colin Woods

ON THE MOVE Congratulations to former Texas Supreme Court Chief Justice Nathan Hecht, who has joined Jackson Walker’s Austin office as a partner. Chief Justice Hecht served on the Texas Supreme Court for 36 years before retiring on Dec. 31, 2024. Chief Justice Hecht is a graduate of Southern Methodist University’s Dedman School of Law. Congratulations to Jared Greathouse on joining Munsch Hardt’s Austin office as a shareholder. Jared is a former partner at Amini & Conant. Jared is a graduate of the University of Miami’s School of Law. Congratulations to former Texas Administrative Law Judge Casey Bell, who has joined Troutman Pepper Locke’s Austin office as a partner. He will practice in the firm’s Energy Regulatory Practice Group. Casey is a graduate of the University of Houston Law Center.

more than 13 years, Jason worked as a trademark examining attorney in the U.S. Patent and Trademark Office before moving into private practice. He is a graduate of the University of Miami’s School of Law. KUDOS Congratulations to Austin attorney Katie Van Dyk, who has been named head of commercial real estate at Norton Rose Fulbright. Katie is a graduate of Tulane University Law School. Congratulations to Austin family law attorney Jimmy Vaught, whose Vaught Law Firm has merged with the Eggleston Law Firm. Jimmy is certified in family law and civil appellate law by the Texas Board of Legal Specialization.

Congratulations to Jason Blair, who has joined Dykema’s Austin office as a member in the firm’s Trademark Practice Group. For

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Austin Bar Receives Several Stars of Texas Bars Awards

he Austin Bar is proud to announce we have been honored by the state bar’s Stars of Texas Bars

Awards! The Austin Bar received the Star of Achievement Award for President Mary-Ellen King’s Stop the Stigma initiative. The award recognizes outstanding member service and public service projects by local bar associations. The goal of the Stop the Stigma initiative is to stop the stigma around conversations about alcoholism, drug addiction, and suicide in the legal profession. The initiative was supported by columns written by guest authors telling their personal stories with these issues, which were published in Austin Lawyer, and by the Stop the Stigma podcast, which is hosted by King and invites attorneys to tell their personal stories relating to these issues and to provide resources for struggling attorneys. “We appreciate the State Bar of Texas for recognizing this important initiative,” King said. “Addiction, depression, and suicide severely impact the legal profession, and the stories of hope and resilience and the resources they highlight can help save lives.” Austin Lawyer was also named Best Overall Newsletter in Division III. This is the second year in a row that we’ve received this honor. “Thank you to the State Bar

austinbar.org FEBRUARY 2025 | VOLUME 34, NUMBER 1

of Texas for this honor,” Managing Editor Billy Huntsman said. “We are always trying to make this publication a better resource for our lawyers, both as a tool to improve their practices, as well as a vehicle to highlight their accomplishments both in and out of court.” Two individual authors were also honored for articles they contributed to the publication. Arielle Allen, an associate at Lorenz and Lorenz, received the Best General Interest Story Award for her article, “Harnessing Advanced Medical Insights to Strengthen Traumatic Brain Injury Cases.” This insightful article was published in the February 2025 issue and is available to read for free online at austinlawyeronline.com. Austin Lawyer assistant editor and AYLA Director Abigail Ventress, an associate at VBPena Law, received the Best News Article Award for her article, “Non-Compete Agreements: An Update on the Anticipated FTC Ban.” This timely article was published in the October issue of Austin Lawyer and is available to read for free online at austinlawyeronline.com. The Austin Bar thanks our Austin Lawyer team for their great work: Assistant Editors Abigail Ventress, Samantha McCoy, and Roslyn Werner, AYLA Executive Director Debbie Kelly, Managing Editor Billy Huntsman, Publish-

APRIL 2025

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32, NUMBER

8 Harnessing Advanced Medical Insights to Strengthen Traumatic Brain Injury Cases Prepar ing Your Practice for an Emergency Arielle Allen, LOAR PLLC

has Nominating Committee of directors board for the 2025-26

these mechanisms is essential for connecting the injury to the event: NUM Rotational Forces and Axonal ME 33, Damage: Research shows that ro| VOLU 2024 tational accelerations—often more FEBRUARY damaging than linear forces—are the primary cause of diffuse axonal injuries (DAIs). These injuries occur when nerve fibers stretch or raumatic brain injuries tear due to the brain’s movement (TBIs) are among the within the skull, a common scemost complex and imnario in motor vehicle accidents pactful injuries encounand falls. tered in injury cases. These injuSubconcussive Impacts: Even ries often lack visible symptoms, impacts that do not cause fullyet profoundly affect a person’s blown TBIs can result in subtle quality of life. Incorporating adbut lasting brain injuries. Known vanced medical insights from as subconcussive events, these inTomlinson Maitreya biomechanics, vestibular science, juries often go unrecognized but Ciara Parks neurovisual medicine, and subcontribute to cumulative neuroSarah Harp concussive injury research intoCountylogical deficits over time.1 Women Gamble the Travis Quantifying Trauma: Using legal strategies ber can ofprovide attorvolunJudge Maya Guerra on the 7th Circuit. Association. She Lawyers’ Richard Cudahy Legal biomechanical principles such as neys evidence to Volunteer Aus-compelling as thewith with LECT monthlyinjury teers She currently serves prove chair PRESIDENT-E of the Second Law (Force = Newton’s highlight e, and threats Gamble A previous causation,Services. She is a life-fellow Bar’s board l pressur tin Bar secretary. DEI) Mass × Acceleration) and delta vea memseverity, and secure appropriate Judge Maya Guerra was electVoting for the Austin Commition, political safety. Foundation and on April 11. 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QR code are still welcom cially for court-appointed they need to plan ongoing care and justifying claims Central Vestibular Dysfunced. to ahead expand custoand pre- make a donatio Please use this dian attorneys, vent their partners for long-term treatment costs.4 tion: Damage to brainstem or certhe as well as closing n that will or loved and educatio IOLTA accounts; ones Foundation’s legal-rel support from being left By presenting vestibular science ebellar pathways due to diffuse axand to handle everyn program ated charitab and •Transition planning, thing if the unexpected s in Central onal injury disrupts balance and le includhappens,” ing helpful tips Texas. said State Bar coordination.3 on President Cindy Brain Injury on page 7. various passwords handling the V. Tisdale. probably uses for your practice The toolkit was financial, social media, and brief State Bar’s Law created by the filing Practice Managethe different processes accounts; ment Committee and the Law and rules Practice Management Program. AL

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Mary Evelyn McNamara Kurt Metscher Emily Morris Carly Gallagher Murray Shelby O’Brien Richard Pena Steve Puryear Velva Price Laurie Ratliff Eric Robertson Pooja Salhotra Karly Schlinkert Rachel Seshan Jasleen Shokar Betty Smith Leslie Spatola Zoe Taylor Hollie Toups Justice Gisela Triana Nora Picasso Uvalle Abigail Ventress Daniela Peinado Walsh Roslyn Wener Zachary Wiewel Alexis Williams

Arielle Allen Amanda Arriaga Adrienne Barclay Nadia Bettac Justice Darlene Byrne Josh Cottle Claude Ducloux Bruce Elfant Emily Fawcett Lina Fisher Amanda Goodman Zak Hall Sarah Harp Judge Andy Hathcock Stephanie Holan Paul Jacobs Hon. Woodie Jones Justice Chari Kelly Ketan Kharod Mary-Ellen King Eleanor Klibanoff Claudia Kolker Jason LaFond Dan Lype Jenna Malsbary Samantha McCoy

Thank you, all, we couldn’t put out this publication without you! If you would like to write for Austin Lawyer, please fill out the author interest form at austinlawyeronline.com/writers. AL

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AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA Achievements for the Past Bar Year EMILY MORRIS, AYLA PRESIDENT, POWERSCHOOL

hat a year it has been for young lawyers in Austin! I am honored and proud to have led such a dynamic board of attorneys who are committed to justice through service and making the process fun. When looking back at the year’s accomplishments, I am stunned at how much AYLA has been able to achieve. We will accept awards from Texas Young Lawyers Association for 1st place –Comprehensive and 1st place– Service to the Bar. A few additional highlights include: A beautiful judicial reception was hosted at Chateau Bellevue in September. (chairs Ben Evans, Jasleen Shokar) Our November Tailgate For a Cause fundraiser raised $11,000 for families in need during the holiday season. (chairs Jillian French, Kelly Combs, Jackie Navarro)

We joined forces with Partnerships for Children, a new beneficiary of the tailgate proceeds, to support families who are connected to CPS cases. Our funds raised purchased gifts for children via the Holiday Wishes program and stocked the Texas Dept of Family & Protective Services Rainbow Room with necessities for CPS children. A group of AYLA volunteers helped to wrap gifts at Partnerships for Children’s warehouse in December. (chairs Michelle King, Jillian French) We held monthly Docket Call happy hours and partnered with Travis County Women Lawyers Association and the Austin Bar’s Administrative Law Section. (chairs Katie Fillmore, Alex Conant) The annual MLK Day of Service benefited several Austin non-profits in creative ways. (chairs Jenna Malsbary, Lena Proft) Regular community service projects were hosted throughout the year, including a joint volunteer event with the Association of Corporate Counsel at Meals on Wheels Central Texas. (chairs Amy Rodriguez, Armin Salek, Myra Diaquino) We planned family-friendly programming, including a play date at Playstreet Museum. (chair Gracie Wood Shepherd)

The first-ever Big Law Social Hour was a great success thanks to our inaugural Big Law liaison, Katie Fillmore. Several CLEs took place at no cost to our members, including a presentation by State Bar of Texas president Steve Benesh and a panel in the Austin Bar Equity Summit. The Freshquires program continued for its 2nd year and hosted stellar monthly events, including a Law-di Gras ethics CLE with Judge Patrick Keel. (chairs Will Hailey, Alex Conant, Ben Evans) The 4th Annual Crawfish Boil fundraiser was a fantastic success with $17,000 raised for the AYL Foundation and the addition of a new cornhole tournament! (chairs David Woolbert, Will Hailey, Armin Salek) In partnership with the Travis County District Clerk’s office and Travis County Justice of the Peace Hon. Sylvia Holmes, AYLA premiered the publication of the video series “How to Pick Jurors for Your Pro Se Trial in Justice Courts and Municipal Courts.” (chair Jenna Malsbary) We promoted and implemented Law Day and mock trial programming for middle and high school students. (chairs Samantha McCoy, Armin Salek) Regular health and wellness

events with our peers kept us happy and healthy. (chairs Lena Proft, Roslyn Warner) We participated in the Austin Bar/AYLA’s Bench Bar conference. (chair Rachael Jones) While the bar year is winding down, we do still have a couple of programs coming up in June, including a service opportunity with Texas Free Legal Answers on June 6, a Trial 101 half-day CLE on June 27 and paddle boarding on Town Lake (date TBD). Thank you and congratulations to the entire AYLA board and all the committee members for making this a tremendously successful year and supporting me through a difficult personal season. Special thanks to Roslyn Warner for coordinating our publications in the Austin Lawyer and to executive director Debbie Kelly for keeping the ship afloat! I’m looking forward to slowing things down a bit this summer and seeing what great things AYLA will continue to do with Jenna at the helm next term. AL

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Freshquires Hosts Annual Judicial Wine Tasting Event AYLA’s Freshquires program hosted its annual Judicial Wine Tasting event on April 24, 2025. Members of the local judiciary, including Justice Karin Crump, Judge Elisabeth Earle, Judge Mark Lane, Judge Maya Guerra Gamble, Judge Alicia Key, and Judge Sherine Thomas, met with the Freshquires to share their wisdom and favorite wines. Be on the lookout for future Freshquires events, which are tailored for first to third year attorneys. AL

450th District Judge Maya Guerra Gamble attended AYLA’s Judicial Wine Tasting event.

Za Leissner, Alex Conant, and Aidan Henderson.

Young attorneys talk with Hays County 483rd District Court Judge Alicia Key on the Hilgers House veranda.

Young attorneys talk with 353rd District Court Judge Sherine Thomas.

UPCOMING EVENTS Young attorneys meet with U.S. District Judge Mark Lane and County Court at Law #7 Presiding Judge Elisabeth Earle in the Austin Bar’s Jim & Patty Arnold Conference Room at the AYLA Judicial Wine Tasting event.

AUSTINLAWYER | JUNE 2025

FRI, JUNE 27 Trial Law 101: Civil Trial Essentials 11 a.m. - 4 p.m. CFCF Building Sponsored by Thomas J. Henry

AUSTIN YOUNG LAWYERS ASSOCIATION

Austin Bar and AYLA Leadership Academy Picklepalooza Raises over $30,000 for CASA of Travis County

ach year, the Austin Bar and Austin Young Lawyers Association selects approximately twenty lawyers to participate in a Leadership Academy. The Leadership Academy includes monthly programming that fosters long-term participation in the Bar and culminates in a capstone class project. Young lawyers under the age of 40 are encouraged to apply. This year’s class project was a “Picklepalooza” event to benefit CASA of Travis County. On May 10, the Austin legal community gathered for a day of spirited competition and philanthropy to benefit this critical organization. The Picklepalooza event, held at Austin Pickle Ranch— Braker Lane, was a resounding success. The Leadership Academy Class of 20251 reached its goal of raising over $25,000 (after costs), more than any other class in the history of the Leadership Academy.

The family-friendly event featured both beginner and pro brackets, allowing players of all skill levels to participate and join the fun. In the beginner bracket, the semi-finalists were Marshall and Susanna Meringoli, who brought the whole family, and the championship title went to Eoin Tinney and Jorge Gonzalez. The pro bracket delivered fierce competition, with Mike Gershon and Jeff Edwards reaching the semi-finals, and Conor Byrne and Jed Miracle emerging as the champions after a thrilling final match. Beyond the games, attendees (including their lively children) enjoyed authentic Mexican food, face painting, bracelet making, and raffle prizes—all while benefiting CASA of Travis County’s vital mission. CASA helps fill a gap in the legal system by appointing trained volunteers to advocate for children’s best interests as they go through the foster care legal system. The funds

raised by the Leadership Academy Class of 2025 will support fulfilling CASA’s volunteer recruitment and retention efforts for an entire year. To learn more about CASA’s amazing work, visit https://www.casatravis.org/. Picklepalooza was funded in large part thanks to the generous donations of our lead sponsors: Baker Botts, Graves Dougherty Hearon & Moody, and LOAR, who collectively donated $20,000. Inkind sponsors including Merci Studio, High Voltage Music & Merch, Bella + Canvas, and Rainmaker allowed event costs to stay around $5,000. There were several judicial sponsors and attendees, including Chief Justice Darlene Byrne, Justice Karin Crump, Judge Elisabeth Earle, Judge Nick Chu, and Judge Jeff Rose. And additional support came from the generosity of the following donors: Jackson Walker,

Melissa Lorber, Justice Karin Crump, Kennon Wooten, Amber Russell, Alex Conant.

Sanchez Firm, Weisbert Springer Storm Hatchitt, Pillsbury, Cofer & Connelly, Armbrust & Brown, Cain & Skarnulis, Butler Snow, Michael Roberts, The Law Office of Ilana R. Tanner, Maples Jones, O’Connell & Soifer, Law Offices of Joe Levine, Haynes & Boone, Hardie Alcozer, Germer, Frost Bank, Barnett & Garcia, Maitreya Tomlinson, Kendra Roloson, Jack Klug, and Liane Noble. The class is deeply grateful to all donors and supporters. The Leadership Academy Class of 2025 is honored to have had the opportunity to collaborate with generous donors, tournament participants, Austin Pickle Ranch, and the Austin Bar and AYLA to make this event a reality. Most of all, the class extends heartfelt thanks to CASA of Travis County, whose relentless commitment to advocating for families and children cannot be overstated. AL 1 The Class of 2025 includes: Daniela Peinado Welsh, Charles E. Maddox, Ryan P. Pitts, Natalia Tsokos, Varun C. Reddy, Toni Marie Rask, Owen C. Parmer, Daniel Smith, Tori Harrison, Allyssa B. Lee, Jean Phillips, Abigail Griffith, Abigail Ventress-Hyde, Tien Hunter, Emma Kate Frances Blackwood, DeVondolyn Arrington, Francesca Wool, Alexandra Leissner, Kimberly Hidrogo, Jun Hee (Matthew) Lee, Nisreen Mahesri, Maria Portella, Mary Margaret Roark, Hannah Caroselli, So Yoon, Arielle Kate Allen.

Toni Rask, (back) DeVondolyn Arrington, Daniela Peinado Walsh (front), Owen Parmer (back), Jean Phillips (front), Emma Blackwood, Wendy Morse, Mary Margaret Roark, Abby Griffith, Alyssa Lee (back), Tori Harrison (front), Alexandra Leissner, Tien Hunter, and Varun Reddy.

Toni Rask, Jean Phillips, Ryan Pitts, Allyssa Lee, DeVondolyn Arrington.

Jasleen Shokar, Mary Margaret Roark, Jean Phillips, Tori Harrison (front), Daniela Peinado Welsh (back), Allyssa Lee (front), DeVondolyn Arrington (back), Emma Blackwood (front), Abby Griffith (back), Tori Rask (back). JUNE 2025 | AUSTINLAWYER

FEDERAL CIVIL COURT UPDATE

Ari Cuenin is a partner at Stone Hilton, where he litigates complex government disputes. He has presented more than 30 arguments in state and federal courts, and has been involved in more than a dozen U.S. Supreme Court cases for the State of Texas.

The following are summaries of selected civil opinions issued by the Fifth Circuit in April 2025. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.

ARBITRATION: Fifth Circuit upheld an arbitration award, underscoring Court’s strict adherence to the statutory grounds for judicial review as the sole path to vacatur. In United States Trinity Energy Services, L.L.C. v. Southeast Directional Drilling, L.L.C., No.2410833, the Court considered a challenge to an arbitration award for Southeast Directional Drilling in a contract dispute related to a pipeline project. Judge Clement, joined by Judges Stewart and Willett, affirmed the confirmation of the award. The parties’ contract entitled Southeast to certain delay-related costs, provided that Southeast was not in default. Delays ensued. Trinity pursued arbitration, seeking a declaratory judgment disclaiming liability for Southeast’s costs. Southeast counterclaimed for reimbursement. The arbitration panel ruled in Southeast’s favor. Trinity moved to vacate the award under the Federal Arbitra14

AUSTINLAWYER | JUNE 2025

tion Act (FAA), 9 U.S.C. § 10(a)(4), asserting that the panel exceeded its authority by misconstruing the parties’ contract. Applying the FAA’a deferential standard of review, however, the Fifth Circuit upheld the award. So long as arbitrators plausibly construe the contract, courts may not overturn the resulting award, even for manifest errors in interpretation. The Court specifically rejected the argument that a “manifest disregard of the law” could serve as a basis to show that arbitrators “exceeded their powers” under Section 10(a)(4). Under the statutory limitations provided by Congress, judicial review is not available to rehash the merits of a contract dispute where the arbitrators acted within their delegated authority. Recognizing a “manifest disregard of the law” standard would eviscerate the limitations on vacatur in the FAA. The opinion thus underscores the Court’s strict adherence to the statutory grounds for judicial review as the sole path to vacatur under the FAA. Parties may disagree with arbitration awards grounded in a plausible interpretation of the parties’ contract. But the Fifth Circuit will not allow them to seek vacatur on that basis by reframing disagreement with arbitrators’ interpretation as a “manifest disregard of the law.” FMLA SUMMARY JUDGMENT: Fifth Circuit affirmed in part and reversed in part a grant of summary judgment in former city employee FMLA retaliation suit, finding triable fact issues as to the employee’s disability claims. In Way v. City of Missouri City, No. 24-20144 (5th Cir. 2025), the Fifth Circuit affirmed in part and reversed in part a grant of summary judgment in a disability and FMLA retaliation case brought by a former city employee. The employee alleged that after disclosing anxiety and fibroids and taking approved FMLA leave, the city failed to accommodate her disabilities and ultimately terminated her in retaliation for protected conduct. In relevant part, Judge Smith, joined by Judges Higginson and Douglas, revived the employee’s

anxiety-related disability-discrimination claim. The employee had raised triable fact issues that her anxiety substantially limited her major life activities, that the city knew about her anxiety, and that the city failed reasonably to accommodate it. The employee had sufficiently shown that her anxiety affected her ability to think, focus, sleep, and eat, with attendant physical symptoms. Her emails with management about “developing anxiety,” coupled with a supervisor’s sarcastic inquiry into her “emotional distress” at a tearful in-person meeting, could have communicated that she was suffering from anxiety and had asked for help. And the employee had provided evidence showing that, although she asked for accommodations in the form of written timelines and expectations, her supervisor never provided the requested information. The case was remanded for further proceedings on the surviving disability-discrimination claim and the FMLA retaliation claim. EN BANC QUALIFIED IMMUNITY: Fifth Circuit affirmed dismissal of a retaliatory arrest as a result of use of unofficial police sources to report the news, finding it was not a known violation of the First Amendment at the time of the arrest. The Fifth Circuit issued an en banc ruling in Villarreal v. City of Laredo, No. 20-40359 (5th Cir. 2025). On remand from the Supreme Court, the en banc Court affirmed the dismissal of a retalia-

tory-arrest claim on qualified-immunity grounds. The underlying dispute involved journalist Priscilla Villarreal’s First Amendment retaliation claim against Laredo officials. Villarreal had alleged that she was arrested in retaliation for using unofficial police sources to report the news. Officials prosecuted Villarreal for doing so under a rarely enforced provision of Texas law. The Fifth Circuit previously sided with the officials based on the existence of probable cause for the arrest, notwithstanding a 2019 Supreme Court decision, Nieves v. Bartlett, which held that the mere existence of probable cause did not automatically bar a claim for retaliation based on First Amendment activity. On remand, the en banc Court held that, at the time of Villarreal’s 2017 arrest, the law was not clearly established that arresting Villarreal violated the First Amendment. Reichle v. Howards, a 2012 Supreme Court decision, governed at the time of Villareal’s arrest. Reichle had precluded challenges to retaliatory arrests supported by probable cause. Because Nieves post-dated Villareal’s arrest, no reasonable official would have understood Villarreal’s arrest to be unlawful. Judge Oldham concurred but wrote separately about the conceptual gap between the constitutional right at issue and Section 1983’s conditions for a remedy. Judge Higginson dissented, urging remand for full adversarial proceedings. AL

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THIRD COURT OF APPEALS CIVIL UPDATE pany creating a conflict of interest with their chosen attorney. The court granted mandamus relief. HABEAS: Court grants habeas relief for failing to admonish party of the right to counsel.

Laurie Ratliff is a former staff attorney for the Third Court of Appeals. She is board-certified in civil appellate law by the Texas Board of Legal Specialization and owner of Laurie Ratliff LLC.

The following are summaries of selected civil opinions issued by the Third Court of Appeals during April 2025. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of May 6, 2025.

MANDAMUS: Court grants mandamus relief, vacating an order disqualifying an attorney. In re Bradfield Heiser, No. 0325-00158-CV (Tex. App.—Austin April 18, 2025, orig. proceeding). Loeffler sued Heiser to recover commissions related to work performed for their joint ventures. Heiser’s attorney answered, asserting both Heiser’s and the JVs’ claims. Loeffler moved to disqualify Heiser’s attorney contending he violated the rule against dual representation. Heiser’s attorney nonsuited the JVs’ claims and asserted the same claims by Heiser derivatively on the JVs’ behalf. The trial court granted disqualification. The court of appeals observed that the rule against dual representation does not bar an attorney from representing a shareholder’s individual claims and derivative claims on the company’s behalf. In such lawsuits, both sides claim to be aligned with the company. Because both sides purport to sue on behalf of the company, individual shareholders are not opposing parties to the com-

In re Andrews, No. 03-25-00163CV (Tex. App.—Austin April 9, 2025, orig. proceeding) (mem. op.). The trial court found Andrews in contempt for violations of a child-custody order and ordered confinement in jail for six months but suspended commitment. At a hearing on a motion to revoke the suspended commitment Andrews was unrepresented. The court revoked the suspension of commitment and ordered Andrews into custody. The court of appeals noted that a commitment order is void if it deprives relator of liberty without due process of law. Because a possible outcome of the hearing was Andrews’s incarceration, she was entitled to be admonished of the right to counsel under Family Code §157.163(b). The trial court admonished Andrews of her right not to incriminate herself, but did not advise her of the right to counsel. Accordingly, the court held Andrews was entitled to unconditional release and granted habeas relief. FAMILY LAW: Court reverses modification order that leaves mother’s visitation to discretion of father and children. Stone v. Stone, No. 03-23-00801CV (Tex. App.—Austin April 18, 2025, no pet. h.) (mem. op.). In this modification proceeding, the trial court gave father the right to designate the primary residence and included a “teenager provision” that ordered mother’s possession to be determined by agreement of father and the children. The order stated it was unenforceable by contempt. The court of appeals observed that orders that deviate from the standard possession order by limiting possession may not exceed those terms that are required to protect the child’s best interest. Further, such orders must specify the times and conditions of possession. The teenager

provision provided no scheduled visitation for mother unless father and the children agreed. No evidence supported the severe restriction on mother’s possession and no authority supports granting children complete discretion over a parent’s possession. The court reversed in part and remanded. PARENTAL TERMINATION: Court reverses failure to grant agreed request to extend dismissal date.

were complying with their service plans but needed additional time to complete them. Prior orders showed the trial court intended to return the children to parents upon completion of the service plans. Accordingly, the trial court was required to find extraordinary circumstances. Further, all interested parties agreed the extension was in the children’s best interest. The trial court abused its discretion in denying the extension. The court reversed and remanded. AL

B.C. v. Tex. Dep’t of Fam. & Prot. Servs., No. 03-24-00661-CV (Tex. App.—Austin April 11, 2025, no pet. h.) (mem. op.). Although all parties supported Department’s request to extend the automatic dismissal date, the trial court denied the extension and terminated parents’ parental rights. The court of appeals noted that Family Code § 263.401(b) permits a court to retain a termination case if there are extraordinary circumstances and continuing the case is in the children’s best interest. Both parents

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THIRD COURT OF APPEALS CRIMINAL UPDATE

Zak Hall is a staff attorney for the Third Court of Appeals. The summaries that follow represent the views of the author alone and do not reflect the views of the court or any of the individual justices on the court.

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from December 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of May 6, 2025.

> DEFINITION OF “ARREST”: community-supervision revocation. Evidence was sufficient to prove that probationer who “self-surrendered” to authorities failed to report his arrest within 48 hours. Caballero v. State, 706 S.W.3d 562 (Tex. App.—Austin 2024, no pet.). Caballero pleaded guilty to the offense of criminal mischief and was placed on deferred-adjudication community supervision. The conditions of community supervision included that Caballero “[c]ommit no offense against the laws of this state or any state or the United States or any other country” and “shall notify the Community Supervision Officer (“the Officer”) in charge of the case within 48 hours of being arrested or charged with a criminal offense.” The State later filed a motion to adjudicate guilt, alleging that Caballero violated the conditions of his community supervision by committing a new offense in Travis County and by failing to report an arrest or charge 16

AUSTINLAWYER | JUNE 2025

against him within 48 hours. At the hearing on the motion to adjudicate, the State presented evidence that Caballero was charged with the offense of assault family violence, that an arrest warrant was issued for him, that he self-surrendered on the warrant, and that he did not notify his community-supervision officer within 48 hours of his surrender. At the conclusion of the hearing, the trial court found that the State had failed to prove by a preponderance of the evidence that Caballero had committed a new offense but had proved that Caballero failed to report an arrest to his Community Supervision Officer. The trial court adjudicated Caballero guilty of the underlying offense and sentenced him to 30 days’ incarceration. On appeal, Caballero argued that the State failed to present sufficient evidence that he was arrested. According to Caballero, his performing a “walk-through” at the county courthouse to secure bond on his outstanding arrest warrant did not constitute an arrest. The appellate court disagreed. It explained that an arrest is completed whenever a person’s liberty of movement is restricted or restrained and that this can occur through physical contact or force or by “submission to authority.” The court cited to cases holding that when a defendant with an active arrest warrant surrenders himself to authorities, that constitutes an arrest. Thus, the evidence was sufficient to prove that Caballero was arrested and failed to report that arrest to his community-supervision officer within 48 hours. The court concluded in the alternative that there was sufficient evidence to show that appellant failed to report a “charge” against him within 48 hours. The court explained, “Regardless of the reasons given by the trial court for revoking community supervision, if evidence supports the court’s decision it will not be disturbed on appeal.” TAMPERING WITH PHYSICAL EVIDENCE: possession and concealment. Evidence was sufficient to prove that defendant possessed and concealed marijuana.

Ramirez-Torres v. State, No. 0323-00138-CR (Tex. App.—Austin Dec. 12, 2024, no pet.) (mem. op., not designated for publication). A police officer responding to a report of marijuana use approached Ramirez-Torres, who was sitting near a river, and saw “a green leafy substance” that “smelled like marijuana.” The officer asked Ramirez-Torres what he was doing, and Ramirez-Torres said he was “rolling a joint.” When Ramirez-Torres saw that he was talking to a police officer, he threw the substance “in the direction of the nearby river.” The officer never found the marijuana, and Ramirez-Torres was charged with and convicted of tampering with physical evidence. On appeal, Ramirez-Torres argued that the evidence was insufficient “because the evidence showed he either moved the marijuana into plain sight or never possessed it in the first place.” The court rejected both contentions. Regarding possession, the court explained that a jury is enti-

tled to rely on an officer’s lay opinion that he smelled or saw marijuana as evidence of possession. Here, the officer’s opinion “as to the identity of the substance he smelled and saw was rationally based on his firsthand sensory experience, probative to possession, and consistent with” other evidence that Ramirez-Torres possessed the marijuana, including his statement that he was “rolling a joint.” Regarding concealment, Ramirez-Torres argued that his moving of the evidence did not alter or conceal it because it should have been in plain sight of the officer. However, when viewed in the light most favorable to the verdict, the evidence showed that Ramirez-Torres dispersed the evidence into an environment that either camouflaged it in rocks and grass or absorbed it into the river. The court concluded, “The marijuana was not moved into plain view, quite the opposite.” AL

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TEXAS SUPREME COURT UPDATE The following is a summary of selected opinions issued by the Texas Supreme Court in May 2025. This summary is prepared by court staff as a courtesy. It is not a substitute for the actual opinion. The summary is an overview; please review the entire opinion.

> Ferchichi v. Whataburger Rests. LLC and Haven at Thorpe Lane, PLLC v. Pate, ____ S.W.3d _____, 2025 WL _____ (Tex. May 9, 2025) [23-0568, 23-0993] These cases, consolidated for oral argument, address the scope of the term “legal action” in the Texas Citizens Participation Act. In Ferchichi, Ferchichi filed a discovery-related motion to compel and for sanctions after Whataburger allegedly failed to disclose an investigative video for Ferchichi prior to mediation. In Haven, Haven filed a discovery-related motion to compel and for sanctions, arguing that Pate, a nonparty Haven served with a subpoena duces tecum, failed

to fully comply with the subpoena. Pursuant to the TCPA, Whataburger and Pate filed motions to dismiss these motions. Both trial courts denied the motions. Both courts of appeals reversed, holding that the TCPA applied to the sanctions motion. The courts concluded that because the motions sought additional relief in the form of monetary sanctions, they fell within the TCPA’s definition of “legal actions”: “a lawsuit, cause of action, petition, complaint, cross-claim, or counterclaim or any other judicial pleading or filing that requests legal, declaratory, or equitable relief.” The Supreme Court reversed. Whataburger and Pate argued that the sanctions motions were legal actions to which the TCPA applied, relying on the catch-all provision in the Act’s definition of “legal action.” The Court applied the doctrine of ejusdem generis to limit that catch-all provision. It concluded that the judicial filings specifically listed in the definition serve the function of commencing or materially amending a proceeding on a substantive legal

claim. So, the catch-all is limited to pleadings or filings that do the same. Further supporting that conclusion, the TCPA excludes from the definition of “legal action” “a procedural action taken or motion made in an action that does not amend or add a claim for legal, equitable, or declaratory relief.” Ferchichi’s and Haven’s discovery-related motions to compel and for sanctions did not commence or materially amend a proceeding on a substantive legal claim and thus are not “legal action[s]” under the TCPA. Accord-

ingly, the TCPA is inapplicable, and the courts of appeals erred in holding that Whataburger’s and Pate’s TCPA motions should have been granted. The Court remanded the cases to the respective trial courts for further proceedings. AL

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JUNE 2025 | AUSTINLAWYER

LOCAL JURY TRIAL VERDICTS

April 2025 District & County Court Jury Trial Verdicts BY VELVA PRICE, TRAVIS COUNTY DISTRICT CLERK

CIVIL/FAMILY

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today from either the App Store or the Google Play Store.

Samer Chaban v. Kathy Mobarra, Arman Eshraghi Cause No.: C-1-CV-24-000300 Judge: Todd Wong, Court-at-Law Judge Dates: April 22, 2025 Attorneys: Plaintiff: Michael Navarre, Law Office of Thomas J. Henry Defendants: Brian McGiverin, Austin Community Law Center (Austin) Case Summary: The defendants appealed the eviction judgment entered on Jan. 8, 2024. A unanimous jury found that the plaintiff was entitled to possession of the home as of Nov. 30, 2023. Reasonable and necessary legal fees awarded as follows: Representation in justice of the peace court

and county court at law - $65,000; court of appeals - $15,000; petition for review with the Supreme Court of Texas - $0; merits briefing stage with the Supreme Court of Texas - $2,500; representation through oral argument and the completion of proceedings with Supreme Court of Texas - $5,000. Michael Coda v. Paul List and Temperature Pro Austin Cause No.: D-1-GN-23-001795 Judge: Catherine Mauzy, 419th Civil District Court Dates: April 22 - 24, 2025 Attorneys: Plaintiff: Joseph Barrientos, Thomas J. Henry Injury Attorneys (San Antonio) Defendants: Andrew Neal/Tabor Dorsey, Skelton & Woody, PLLC (Austin)

Case Summary: The plaintiff claims injury because of a vehicular accident in Oct. 2021. A jury of 10 found Michael Coda and Paul List each 50 percent negligent. Jury awarded: Past medical care expenses - $17,765; past physical pain and mental anguish - $7,500; future physical pain and mental anguish - $2,500; future physical pain and mental anguish - $2,500. In The Matter of The Marriage of Erika Marie Soto v. Jorge Adrian Soto and In the Interest of O.S., a Child Cause No: D-1-FM-23-008164 Judge: Daniella Deseta Lyttle, 261st Civil District Court Dates: April 22-28, 2025 Attorneys: Petitioner: Slave Talavera/Valeria Lozano-Muncy, Slav Law PC

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(Austin) Respondent: Marshall Sales/ John Hennan, Hennan/Culp PLLC (Austin) Case Summary: Petitioner filed for divorce, requesting a disproportionate share of the parties’ estate due to various reasons, including fault in the breakup of the marriage. Respondent filed a counter-petition. A jury of 10 named Erika Soto as the joint managing conservator with exclusive right to designate the primary residence of the child with a geographic restriction of Travis County. CRIMINAL

efendant: Gilbert Martinez D (Austin) Case Summary: Defendant was indicted on two counts of sexual assault and attempt to commit sexual assault in October 2022. The defendant was found guilty on all counts. His confinement of 10 years was suspended, and the jury ordered him to serve eight years of probation. State of Texas v. Juventino Lopez-Dolores Cause No: D-1-DC-25-904008 Judge: Mike Denton Dates: April 21-25, 2025 Attorneys:

tate of Texas: Tamara MarS shall, Asst. District Attorney Defendant: Brian Burns, (Conroe) and Christopher Warren, Cowboy Law Group, PLLC (Woodlands) Case Summary: Defendant was indicted for continuous sexual abuse of a child, aggravated sexual assault of a child, and indecency with a child. A mistrial was declared after an Allen charge. Case reset for jury trial on May 28, 2025. State of Texas v. Jerris Harris Cause No: D-1-DC-20-900078 Judge: P. David Wahlberg

Dates: April 21-24, 2025 Attorneys: State of Texas: TJ Harris, Asst. District Attorney Defendant: Jessica Shaye Freud/Michael Watson (Austin) Case Summary: Defendant was indicted for aggravated sexual assault on or about Aug. 18, 2018. The jury found the defendant guilty of aggravated sexual assault but did not find that the defendant used or exhibited a deadly weapon. The court sentenced the defendant to 25 years in TDCJ. AL

State of Texas v. Javonte Davis Cause No: D-1-DC-23-302250; 302260 Judge: Karen Sage, 299th Criminal District Court Dates: April 7-9, 2025 Attorneys: State of Texas: Katherine West, Assistant District Attorney Defendant: Raymond M. Espersen (Austin) Case Summary: Defendant was indicted for an aggravated assault with a deadly weapon that occurred in July 2023. The jury found the defendant guilty and confined to 14 years in TDCJ prison. State of Texas v. Adam Ray Brown Cause No: D-1-DC-24-202066 Judge: Selena Alvarenga, 460th Criminal District Court Dates: April 7-17, 2025 Attorneys: State of Texas: Jacob Salinas, Asst. District Attorney Defendant: Charles Baird (Austin) Case Summary: Defendant was indicted for a murder that occurred on or about March 23, 2024. The defendant was found guilty and sentenced to eight years in TDCJ by the jury. State Of Texas v. Omar Cortes-Castillo Cause No: D-1-DC-24-904076 Judge: Brad Urrutia, 450th Criminal District Court Dates: April 14-16, 2025 Attorneys: State of Texas: Kathyrn Moynahan Hall, Assistant District Attorney JUNE 2025 | AUSTINLAWYER

MURDERPRINTS: What to Expect When a Loved One is Murdered – Part 2 BY STEPHANIE HOLAN, HOLAN LAW FIRM

This is the second installment of “Murderprints: What to Expect When a Loved One is Murdered.” The first installment ended with Stephanie Holan’s grandfather, Robert Isaacks, missing and a body, bound in duct tape and wrapped in a tarp, found off I-10 past Ozona. Police have identified Freda Michelle Thomas, a woman seen travelling with Isaacks, as a person of interest.

n November 22, 2023, we received word from the medical examiner’s office that the body found off of I-10 was indeed my grandfather’s. Whenever I have heard tragic news, I automatically think about how I would feel. In this moment I realized that what I thought I would feel if a family member was murdered was nothing close to the actual feeling. There are no stages of grief with a murder. There is no acceptance, no bargaining, no denial. It just is. The police then released a second press release. It was identical to the first, except that they added a thumbnail picture of the woman in purple Lennon glasses and a beanie cap. This enraged me. If you are going to put out a picture of a person wanted in connection with murder, it should be a picture that would enable people to recognize the suspect. Working in the criminal court system has exposed me to the reality of the justice system. Real-life cases do not have a police officer or team that works on one case 22

AUSTINLAWYER | JUNE 2025

until it is solved. In my grandfather’s case, the thumbnail release was the only thing they shared to identify her. My grandfather was 88 years old. I suppose the police did not find it worth their time since he was already elderly. Dealing with Family I am the only attorney in the family. On either side. Ever. This means that your family members will not believe you know what you are talking about. They defer to the authorities, no matter how much you try to persuade them that it is not like TV. The police do not have the time or manpower to be that diligent. Since my family disagreed, I undertook catching my grandfather’s killer on my own. I started scouring the internet. I searched every social media account Freda Michelle Thomas had. I pulled all the pictures of her. I cross-referenced and found her in tagged photos and downloaded those, as well. I pulled every criminal court record I could find. I went to the mattresses. I began posting pictures of Freda Michelle Thomas over the years. I wrote about how her drug addiction had changed her appearance. I had pictures of her arm tattoos analyzed and found out it read, “We are all made of Stars.” I asked people to check on their elderly family members, and I continually warned people not to approach her if they did find her. She is dangerous. On December 20, 2023, my grandfather’s Jeep was recovered in Las Vegas. That is a 1,246-mile trip from Bandera. They did not find Freda Michelle Thomas. At this point, I was contacted by the media in Las Vegas and appeared on their nightly news, making a plea to the public to help find his

murderer. I then appeared on Inside Edition, asking people across the U.S. to help. I received multiple messages reporting sightings, but none resulted in arrest. In March of 2024, two non-profits, Search & Support San Antonio and Solve the Case, reached out and offered their assistance. They shared the photos and information regarding Freda Michelle Thomas on their platforms. These organizations ran stories and shared pictures and podcasts I appeared on to discuss the hunt for this woman. On April 1, 2024, I received a call telling me that the U.S. Marshals had found Freda Michelle Thomas in Mexico and arrested her. Several hours later, they informed me the woman they’d arrested was not, in fact, Freda Michelle Thomas. This was the worst April Fool’s Day of my life. I again appeared on the news, pleading for the public to find this woman. On May 20, 2024, I got the call telling me that they had arrested her in Okmulgee, Oklahoma. Over the next few days, Freda Michelle Thomas was transported back to Texas and is currently jailed in Bandera County awaiting

trial. I learned she was caught because of my working with Solve the Case. This website shared my information and posts and received two separate call-ins reporting that she was in Oklahoma. Since being jailed, I have received multiple calls that Freda Michelle Thomas wrote a letter to the judge and wanted me to have a copy because it “explained things.” I never asked for it and have never seen what it says. I also received a phone call telling me that Freda Michelle Thomas added me to her approved visitors list and wanted me to come so I could hear her side of the story. I have not, and will not, go see this woman. Is this a happy resolution? In this context, it is the best resolution, but still very painful and tragic. Thousands of murders go unsolved each year and the perpetrators are in the wind. What was the factor that made this one of the ‘good’ cases? Vigilance. Constant vigilance. I refused to let my grandfather’s murder go unresolved. I kept it in the public eye and reminded people of what happened to my grandfather. I pushed content asking for help finding his murderer daily. AL

Threads of Justice: Weaving Unity in a Diverse Nation BY SONIA JOSEPH, ROUND ROCK HIGH SCHOOL

Sonia Joseph is a student at Round Rock High School. She won first place in the State Bar of Texas’ Editorial Contest for Law Day 2025 with the following essay.

t the heart of our Constitution lies a profound promise—that justice, steadfast and impartial, is the great equalizer among our diverse country. The rule of law is more than just a mere collection of statutes or bureaucratic mandates; it is the living heart of our nation, a binding force that supersedes our differences and molds our diversity into a shared identity. Just as a master weaver interlaces threads of varying hues into a tapestry of beauty, the law entwines our distinct cultures, beliefs, and experiences into the resilient fabric of America. Our nation was born from an ideal—a vision of liberty and

equality that demanded every citizen be treated with dignity. In the turbulent years following our founding, this vision was challenged by divisions and injustices. Yet, it was the rule of law that provided the steady framework within which progress could be achieved. Landmark decisions, such as Brown v. Board of Education, shattered these unfair concepts and reasserted that no person should be denied equal opportunity on the basis of race. These milestones are not mere historical footnotes; they are vivid reminders that the law, when truly upheld, can dismantle barriers and heal old wounds. In moments of strife and discord, the rule of law offers more than legal remedies—it inspires hope and fosters reconciliation. In our everyday lives, from neighborhood disputes to national debates,

The Track to Unity and Justice BY GARGI SINGH, ROUND ROCK HIGH SCHOOL Gargi Singh is a student at Round Rock High School. She won third place in the State Bar of Texas’ Law Day 2025 Photography Contest with her submission, “The Track to Unity and Justice.”

lthough there is no specific requirement for an explanation of the picture, I feel it is important to share the meaning behind it to understand the symbolism captured in my photograph. A racetrack is a powerful symbol of the rule of law. It provides structure, direction, and fairness for all who run on it. Just like the lanes on the track, laws create clear paths that guide us forward, ensuring that everyone, no matter where they start, has an equal opportunity to reach their goals. As a student, I see this every day. On the track, the runners may be in different lanes, but they all follow the same rules and strive toward the same finish line. Similarly, citizens of our country move forward together under the rule of law. Without these guiding lines, there would be chaos. Our Constitution provides the track toward achieving order, fairness, and a shared sense of purpose. Just as the track unites athletes in competition, the rule of law unites us as a nation, ensuring that no matter our differences, we all have the opportunity to run toward a better future together. AL

AUSTINLAWYER | JUNE 2025

the principles of due process and equal protection ensure that every voice is heard and every grievance addressed within a framework of fairness. This process of adjudication and redress not only mends societal fractures but also reinforces the belief that justice is attainable for all. Moreover, the Constitution and its enduring amendments serve as touchstones for a common set of values—freedom, equality, and respect for human dignity. These ideals, enshrined in our legal system, transcend the myriad differences that might otherwise divide us. They remind us that our collective strength lies in our unity, a unity that is continuously renewed with every court ruling, every legislative reform, and every act of civic courage. The rule of law thus becomes the bridge that carries us over the

chasms of misunderstanding and prejudice, uniting us as citizens of one great nation. As we reflect on our past and look forward to a future of shared promise, we must recognize that our diversity is not a weakness, but a strength to be celebrated. The rule of law stands as both shield and compass—protecting our rights while guiding us toward a more just and inclusive society. In its steadfast commitment to fairness, it instills in us a deep pride in our Constitution and a resolute belief in the power of unity. By cherishing and upholding this covenant, we not only honor our history but also pave the way for generations to come—a future where our differences serve as the threads that weave an even stronger, more vibrant tapestry of national unity. AL

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JUNE 2025 | AUSTINLAWYER

Armin Salek Elected TYLA President-Elect

rmin Salek has been elected president-elect of the Texas Young Lawyers Association

(TYLA). He will serve as TYLA president from June 2026 to June 2027. Salek received 52.6 percent of the 4,053 votes cast. Salek is a prominent member of both the Austin Bar and AYLA. In addition to serving on the Austin Young Lawyers Association Board of Directors as an at-large director, Salek has also co-chaired the Austin Bar’s Law-Related Education Committee since 2022 and the Austin Young Lawyers Association Community Service Committee since 2024. The Law-Related Education Committee plans and implements various educational programs aimed at schoolaged children, including support for the Akins Early College High School law pathway, which Salek previously led. The Law-Related Education Committee also organizes the Austin Bar’s Law Day contests. Submissions to this program are then submitted to the State Bar of Texas for its statewide Law Day contests. (See page 24 to see the Austin Bar’s winning entries for Law Day 2025.) Since 2022, Salek has also served on the State Bar’s Law-Focused Education Committee and on the TYLA Executive Committee as a board member and treasurer. Salek pursued this campaign to bring a sense of urgency to addressing the justice gap. As he highlighted frequently across the state, an individual in Texas would need to make less than $19,562.50 to qualify for legal aid. Even if they qualified, they would only have a one-in-five chance of receiving the legal support they need. Salek has seen the impact of these gaps in support when he attempts to connect his students and their families to legal support. Too often, they cannot afford paid counsel, do not qualify for legal aid or cannot access legal support if they do, and even self-help pam26

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YJA fellows in front of the Littlefield Fountain on the UT campus.

A YJA cohort in County Court at Law #9 Judge Kim Williams’ courtroom.

phlets are difficult to navigate. Salek hopes to open the floor to difficult conversations about the legal profession’s shortcomings in serving all Texans, and to bring a sense of urgency to addressing

this justice gap. Consistent with this mission, Salek’s plans for TYLA include a focus on partnering with legal service organizations to deliver pro bono services to Texans strug-

gling with the legal system. Salek is a 2016 graduate of the University of Houston Law Center. While there, Salek volunteered as a law instructor in Houston ISD. Unfortunately, the

high school students’ description of lawyers involved firms they could not afford, legal aid they did not qualify for, and language barriers between their parents and effective counsel. Motivated by this experience, Salek returned to Austin and launched the first high school legal aid clinic, allowing him to both teach and provide free legal support. For that work, he was named the Austin ISD High School Teacher of the Year and the Texas Outstanding Young Lawyer of the Year. That early program was the Akins Future Lawyers of America, later known as Legal Eagles. In 2019, State Rep. Donna Howard passed a resolution recognizing the Akins Future Lawyers of America as a leading program in legal education and the first high school legal aid program in the country. This program allowed students to gain experience with real legal clients, performing intake and preparing legal documents. Legal advice provided to the clients came from Salek, but program participants took part in the process and worked under his license. In 2020, Salek received the Rather Prize, a $10,000 cash prize given to a student, teacher, or administrator in Texas who provides the best idea to improve Texas education, for Legal Eagles. The Rather Prize initiative was developed in 2016 by Rice University student Martin Rather and his grandfather, journalist Dan Rather. Shortly after this, Salek attended Harvard University to earn his Master of Education Policy and Management. When he returned to Austin, he relaunched his

student legal-training program, which is now known as Youth Justice Alliance, a 501(c)(3) nonprofit organization that seeks to democratize the law. Common obstacles college students face when considering law school are: Unpaid internships “Most college students cannot afford unpaid internships,” YJA’s website reads. “They are working to pay for tuition, rent, food, clothes, and more. Unpaid means inaccessible.” Lack of mentors “Most college students cannot afford unpaid internships. They are working to pay for tuition, rent, food, clothes, and more. Unpaid means inaccessible.” Lack of legal knowledge “Confidence is critical, especially for students who may doubt if they belong in law school,” YJA’s website reads. “Without proper training, that doubt is difficult to overcome.” Pricey LSAT courses “Even before the cost of the actual exam, many students give up on law school because of the hefty price tag of LSAT courses, which average around $1,200!” YJA addresses these obstacles by providing program participants with four years of paid legal experience, from high school graduation to law school matriculation. YJA fellowships take place during the summer. In Summer 1, YJA fellows participate in the YJA Summer Insti-

Armin Salek (far left) with YJA fellows.

tute, where they earn $500 during a weeklong residential legal training featuring guest lecturers and recreational programming. In Summer 2, YJA fellows participate in judicial internships, earning up to $18 an hour for up to 50 hours observing criminal, civil, and juvenile court proceedings. In Summer 3, YJA fellows take part in internships at legal service nonprofits, where they earn up to $20 an hour for 80 hours. In Summer 4, YJA fellows receive $1,500 stipends to cover the cost of their LSAT courses or to cover living expenses during exam preparation. YJA has received grants from the likes of the Austin Bar Foundation, Education Leaders of Color’s Boulder Fund, and the Roddenberry Foundation. His work with YJA has been featured in the American Bar Association Journal, and in 2025 he gave a presentation on evolving legal leadership at South by Southwest. Since its establishment in 2022, YJA has provided paid fellowships to 74 aspiring lawyers across four

states, more than 30 schools, dozens of school districts, and with countless passions for creating a more just legal system. Unfortunately, far more overqualified applicants were turned away by the Youth Justice Alliance due to their financial limits. If you, someone you know, or an organization is interested in helping the Youth Justice Alliance say yes to aspiring lawyers looking to do good in the world, please contact Armin Salek at armin@youthjusticealliance. org for more information. In addition to serving on the TYLA and AYLA boards of directors, Salek has served on the Houston Young Lawyers Association DEI Committee and the American Bar Association Commission on Youth at Risk. He also co-chairs the Barbara Jordan Inn of Court’s community service program, and previously represented Texas in the American Bar Association Young Lawyers Division assembly. From everyone at the Austin Bar and AYLA, congratulations, Armin! AL

JUNE 2025 | AUSTINLAWYER

Eighteenth Annual Color of Justice Program

he eighteenth annual Color of Justice program was held on April 1, 2025, at the University of Texas School of Law. The event was sponsored by the National Association of Women Judges (NAWJ), in partnership with the Travis County Women Lawyers Association (TCWLA). The event was attended by students from Navarro High School, Bertha Sadler Means Young Women’s Leadership Academy, and Lively Middle School, who heard from attorneys and judges and learned about the importance of the legal profession in our society. After a warm welcome by Justice Gisela Triana, Third Court of Appeals, on behalf of NAWJ, the event featured a game of Legal Jeopardy, moderated by Kim Hidrogo, Assistant Travis County Attorney, and Katherine Wyatt, Attorney, Skelton & Woody. It was followed by two panel discussions with speakers sharing their individual experiences and backgrounds while discussing the importance of personal commitment and perseverance in their roles as lawyers and judges in our community. The first panel was moderated by Beth Payán, Assistant Travis County Attorney, and featured the following lawyers: Alejandra Salas, Associate, McGinnis Lochridge; Destinee Williams, Assistant Travis County District Attorney; Rudy Metayer, Pflugerville Councilmember and Of Counsel, Graves Dougherty Hearon & Moody; and Chris Mugica, Partner, Jackson Walker. The second panel was moderated by Justice Gisela Triana, and featured the following judges: Judge Selena Alvarenga, 460th Criminal District Court, Judge Sandra Avila Ramirez, 98th Civi District Court, Judge Eric Sheppard, Travis County Court at Law #2, and Raúl González, Justice of the Peace, Precinct #4. After the program, the lawyers and judges were joined by UT Law students in sharing lunch with the young students and in answering their questions one on one. 28

AUSTINLAWYER | JUNE 2025

(L-R): Beth Payán, Destinee Williams,Chris Mugica, Rudy Metayer, Alejandra Salas.

RIGHT (L-R): Beth Payán, Justice Gisela Triana, Judge Selena Alvarenga, Judge Raúl Arturo González, Judge Sandra Avila Ramirez, Judge Eric Shepperd, and Destinee Williams.

Every year NAWJ awards a $1,000 Access to Justice Scholarship to a student who has demonstrated a commitment to public interest law. Justice Triana presented Carolina Quiroga, a third-year law

student at the University of Texas, with the scholarship based on Quiroga’s demonstrated and passionate commitment to public interest law. Thank you to the sponsors: NAWJ, TCWLA, William Wayne

Justice Center for Public Interest Law, Jackson Walker, McGinnis Lochridge, Graves Dougherty Hearon & Moody, and to H.E.B. and Pinthouse Pizza for sponsoring the luncheon. AL

Meet the Austin Black Lawyers 2025 Andrea Pair Bryant Legacy Luncheon Honorees

udge Texanna Davis, Sedora Jefferson, and Deborah Thomas were honored at the 2025 Austin Black Lawyers Association Foundation (ABLAF) Andrea Pair Bryant Legacy Luncheon.

Judge Texanna Davis Texanna Davis has served as an associate judge for more than 15 years and is now the senior associate judge. She uses her extensive knowledge and a profound commitment to the field of juvenile law to ensure that the youth before her receive justice. Her distinguished career in law spans more than 30 years, including 15 years as a former assistant district attorney, where she played a pivotal role in many significant juvenile cases and honed her expertise in juvenile law. Judge Davis graduated from Thurgood Marshall School of Law in Houston, where she earned her Juris Doctorate. She is board-certified in Juvenile Law and has served as an advisory member for the Texas Board of Legal Specialization’s Juvenile Law section. She has also served as a board member for the Travis County Credit Union for more than 15 years, where she provides invaluable insights and leadership. Judge Davis was born and raised in Austin and grew up in the historic Clarksville neighborhood. Sedora Jefferson Sedora Jefferson was introduced by the Hon. Lora Livingston, retired Travis County district judge. Jefferson just retired from the Texas Association of School Boards (TASB), where she served as associate executive director and chief corporate counsel from August 2003 to January 2025. Prior to joining TASB, Jefferson held similar executive-level legal counsel positions with state and local government, including the City of Austin and the Texas Attorney General’s Office. Starting out in litiga-

tion at the Texas Attorney General’s Office, she defended governmental officials and agencies in employment and civil rights cases, as well as represented financial agencies of the state in enforcing insurance, banking, and securities laws. Jefferson has a bachelor’s degree from Temple University and a Doctor of Jurisprudence from the University of California - Los Angeles School of Law. She has been practicing law in Texas since 1986. Jefferson is a lifetime member of the Austin Black Lawyers Association and Jack and Jill of America (Austin Chapter). She is president of the Austin-Travis County Duplicate Bridge Club, an affiliate of the American Bridge Association, participated in her TASB’s adopt-a-school program serving as a tutor and pen pal for more than 20 years, and was elected to the CommUnityCare Board of Directors in 2023. Jefferson maintains an active lifestyle through pilates, walking, and reading books with the same book club for almost 35 years. She is also the proud mother of Paige and spouse to Carl Searles. Deborah Thomas Deborah Thomas was introduced by Karen Kennard, co-managing shareholder of Greenberg Traurig’s Austin office. Thomas is an experienced attorney with more than three decades of legal experience, specializing in municipal law. Since July 2024, Thomas has served as the interim city attorney for the City of Austin, where she leads a team of 115 attorneys, paralegals, and administrative professionals, providing counsel to elected city officials and city management on a wide range of complex issues impacting the city, including civil rights, environmental policies, and land development. Prior to her current role, Thomas held leadership roles in the City of Austin Law Department for the past 17 years, first serving as division chief over the Land Use and

(L-R): Ayeola Williams, Travis County District Clerk Velva Price, Deborah Thomas, Sedora Jefferson, Judge Yvonne Williams, and Judge Lora Livingston (ret).

Real Estate Division and, for the last 10 years, as deputy city attorney. Earlier in her career, Thomas served as a hearings officer with the Texas Water Commission (now the Texas Commission on Environmental Quality), presiding over regulatory hearings related to water quality, hazardous waste, and utility rates. Thomas is a graduate of the University of Houston Law Center. She also earned a Master of Public Health degree from the University of Texas School of Public Health and a Bachelor of Science degree in health planning and administration from the Pennsylvania State University. Thomas’ legal career and public health background underscores a lifelong commitment to public service. She is married to Eric Thomas, and they will soon celebrate their 33rd wedding anniversary. They have two children, Nia and Omari. Violinist Shawn LeSure graced the event with soothing music while Judge Eric Shepperd emceed. President of the Foundation Ayeola Williams welcomed the attendees, Rev. Joseph C. Parker, Jr., gave the invocation, and Vice President of the Austin Black Lawyers Association, Arthur Bryan, II, gave

closing comments. The Hon. Velva Price chaired the luncheon, which was held at Chateau Bellevue. All funds raised went to the Virgil C. Lott and Heman Marion Sweatt Scholarships. Austin Black Lawyers Foundation appreciates the sponsors who helped make the luncheon a success and ensure that the scholarships will continue: Platinum: The Carlson Law Firm Gold: Graves Dougherty Hearon & Moody, Scott Douglass & McConnico, Judge Linda VonQuintus Silver: Gary Cobb, Sylvia Hardman-Dingle, Brian Jammer, Lloyd Gosselink Rochelle & Townsen, Richards Rodriguez & Skeith Bronze: Austin Bar Association, Beveridge & Diamond, Judge Maya Guerra Gamble, Judge Bianca Garcia, Judge Sylvia Holmes, Justice Chari Kelly, Hon. Velva Price, Gabrielle C. Smith, Judge Jan Soifer, Judge Todd Wong The Legacy Luncheon is named after Andrea Pair Bryant, one of the founders of the Austin Black Lawyers Association, who was always a “woman with a mission” and an iconic figure who held a deep passion for the law, the arts, and volunteerism. AL JUNE 2025 | AUSTINLAWYER

Volunteer Legal Services of Central Texas: Simplifying Pro Bono Work for Lawyers and Expanding Access to Justice for Those in Need

ounded in 1981 by members of the Austin Bar, Volunteer Legal Services was built on the fundamental belief that poverty should not be a barrier to justice. The prohibitive cost of legal services often leaves individuals unable to access professional assistance for critical civil matters, such as divorces, child custody disputes, landlord-tenant issues, domestic violence situations, and more. To address this need, VLS mobilizes attorney volunteers to provide representation for those who would otherwise be unable to afford a lawyer. Today, VLS impacts thousands of lives each year through a range of initiatives, including in-person & over the phone legal advice clinics, collaborative part-

nerships with law firms and nonprofits, and direct representation of individual clients. While many attorneys recognize the importance of pro bono work, their dedication to it can often be overshadowed by the pressing demands of daily life. Finding the right pro bono opportunity that aligns with their professional responsibilities, personal schedules, and individual interests can be a time-consuming challenge. Additionally, choosing among various types of pro bono work or navigating unfamiliar areas of law may feel daunting. Volunteer Legal Services of Central Texas (VLS) understands these challenges and has introduced initiatives designed to make pro bono work more accessible, straightforward,

and manageable for attorneys and in turn the thousands of Central Texans in need. Currently, our in-person clinics are in the greatest need of consistent volunteers. Clients visit one of our five clinic locations throughout Central Texas to ensure accessibility for those in need. These locations include the St. John location of the Austin Public Library in Northeast Austin, the Ruiz location of the Austin Public Library in South Austin near ACC Riverside, the San Marcos Public Library, the Elroy location of the Del Valle Public Library, and the Emmaus Catholic Church in Lakeway. VLS attorney volunteers arrive a little before 6 PM with a laptop, ready to provide 3-4 legal advice consultations.

They receive applicant information via SharePoint, pre-screened by our VLS staff to ensure eligibility for our services. These files contain information gathered during the prescreening process, including applications and interview forms outlining the legal issues the clients may be facing. During a shift, an attorney volunteer’s primary task is gathering information about the issue and offering legal advice to each client, while VLS staff manage the logistics. Our clinics are designed to make volunteering straightforward for attorneys while ensuring clients receive accessible legal help. Many attorneys are unfamiliar with the legal issues affecting applicants, and that is okay. VLS provides attorneys with resources from

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interview forms to staff attorneys to interpreters that allow them to do their best by providing all the information possible within the 30-minute advice session. VLS also maintains malpractice insurance that covers attorneys at all of the legal advice clinics. After the 30-minute advice session, attorneys complete an interview form for further review by our staff. This document helps determine if additional advice is needed, if the client qualifies for direct representation, or if other resources are necessary. Marc Vockell, one of our dedicated in-person volunteers, understands the common concerns about practicing unfamiliar areas of law. However, he assures us that this is not a significant issue, as clients are primarily

seeking help. As Marc says, “there’s something scary about volunteering and practicing an area of law that

you don’t do every day,” but from his experience, “that’s not anything at all to worry about, because the people who are coming to the clin-

ics just really want any help they can get. So, as a lawyer in any area of law, you’re going to be able to help a lot.” Marc often takes a moment between clients to conduct light online research, ensuring he is well-prepared. While it may seem daunting, Marc and the entire VLS team guarantee that any lawyer can handle it. Over the years, we have discovered that legal advice clinics have become a team-building exercise. Many of Austin’s top law firms participate by sending their available attorneys to provide advice for the evening. This is an excellent way to involve more talented attorneys, boost morale within the firm, and support pro bono work in the community. Firms like Baker Botts, Thompson Salinas Londergan, and Friday

Milner Lambert Turner regularly send their attorneys to our clinics, making pro bono work even more accessible. We cannot speak of VLS clinics without recognizing the clinic location that has been operating the longest. In 2015, Sr. Judge Orlinda Naranjo and local attorney Matt Garcia recognized a need for civil legal services for individuals in need in the Lakeway area, providing a location where these individuals did not have to travel across town to receive VLS services. The Lakeway clinic exemplifies the dedication of volunteers who believe in the VLS mission. Volunteers like Tracy East and Tony Rodriguez are what Matt Garcia calls “the heart of the clinic,” and the Lakeway location wouldn’t be possible without them. There is a need for committed attorney and non-attorney volunteers at all of our clinic locations. If you are interested, there is a space for you to make a difference. Please contact our Director of Pro Bono Services Hollie Toups at htoups@vlsoct.org to get more information, sign up to volunteer, or get your firm involved. AL

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JUNE 2025 | AUSTINLAWYER

Emergency Cessations and Succession Planning: Be Safe And Preserve Value BY DEAN SCHAFFER, STATE BAR OF TEXAS

Dean Schaffer administers the State Bar of Texas’ succession planning program and assists the State Bar of Texas Law Practice Management Committee. He joined the State Bar of Texas staff in 2017 after 29 years in general litigation, trials, appeals, and outside general counseling. His work on the Cessation of Practice Pilot Program earned a State Bar of Texas Presidential Citation.

mergency cessations create hardship. A lawyer unexpectedly dies or becomes incapacitated and there is no succession plan. The lawyer’s family is in crisis, and the clients have lost their champion. Succession planning protects against chaos and preserves value in the practice. Historically, the State Bar of Texas handled emergency cessations ad hoc through the regional offices of the Office of Chief Disciplinary Counsel (CDC). By 2017, CDC experienced growing demand to address these situations. The Supreme Court of Texas’ Grievance Oversight Committee (GOC) addressed the problem in its 2018 Biennial Report, stating: “During its regional office interviews, the GOC first learned of an increase in CDC’s time and resources being spent on attorney ‘assumption’ or ‘cessation of practice’ cases…[P]art of the increase … could correlate to the in aging attorneys still in practice, and the prevalence of mental health issues affecting lawyers…CDC has reported that these kinds of cases are a rapidly growing part of its 32

AUSTINLAWYER | JUNE 2025

workload and often require an extensive use of CDC Resources.”1 The Office of Chief Disciplinary Counsel adapted by centralizing calls to CDC Special Projects. A pilot program was formed and calls poured in from lawyers’ families and staff, clients, colleagues, courts, opposing counsel, landlords, and others. The calls were not just heard, they were felt. Scenarios include the shock impact of lawyer suicides, repercussions of sudden deaths, personal crises, disappearances, injury, infirmity, and dementia. It was soon apparent this was not going away. CDC Special Projects needed a method. The pilot took a lesson from the Federal Emergency Management Agency (FEMA) and adopted a cycle for managing emergencies. The cycle envisions four phases: mitigation, preparation, response, recovery. Through this lens, starting the cycle in response phase loses the benefit of mitigation and preparation. The adverse event has already happened. The first cessation assigned to CDC Special Projects was a death case. The lawyer missed court appearances and a settlement conference. A local court issued a well check order. The lawyer was found alone, having died of a drug overdose. In this tragedy, the pilot observed that a lawyer could die, leaving practice at end but not at rest. The initial estimate was that the practice left 30 active matters pending across three counties. In the first phase of the pilot, CDC Special Projects fielded calls on 464 practices. Patterns emerged and the response phase evolved. Most contacts involve deceased attorneys, for whom the grievance system does not apply. As a result, the pilot migrated from CDC to the State Bar of Texas Law Practice Resources Division.

Cessation of Practice Is Regulated Cessation of practice is regulated at Part 13 of the Texas Rules of Disciplinary Procedure (TRDP). The rules apply to any situation in which the attorney has: • died • disappeared • resigned • become inactive • been disbarred or suspended, or • become physically, mentally, or emotionally disabled and cannot provide legal services necessary to protect the interests of clients.2 To summarize, here are the mechanics of TRDP Part 13: Rule 13.01. Notice of Attorney’s Cessation of Practice: Send written notice to affected persons that the attorney no longer practices. Rule 13.02. Assumption of Jurisdiction: In extraordinary circumstances, any interested person can request that a court assume jurisdiction over a lawyer’s practice. In which case, no lawyer is handling matters with client consent and clients are at risk of harm.

Rule 13.03. Hearing and Order on Application to Assume Jurisdiction: The court may appoint Texas-licensed attorneys to be custodians of the practice. The custodians are protected from liability, except for intentional misconduct or gross negligence. Rule 13.04. Voluntary Appointment of Custodian Attorney for Cessation of Practice: Lawyers can now appoint their own custodian attorneys, conferring the same liability protection as court-appointed custodians. Rule 13.05. Termination of Custodianship: This new rule governs when and how to end a custodianship. Importantly, Rule 13.05 recognizes that cessation may prove temporary and allows the lawyer to resume practice if competent and qualified. Guidance Developed Through the Pilot Program In all, the pilot fielded calls on more than 1,500 law practices. Guidance developed along the way: The practical objectives upon cessation:

• Access client files. • Notify affected persons that the lawyer no longer practices. • Client direction on where the client wants the file to go. • Return of client property, including client files, unearned fees, and items held in trust or escrow. To lawyers’ families and staff: • Empathy first, perceive the loss. • Emphasize that cessation of practice is regulated. • Find out who has the most knowledge of the practice. • In death cases, the State Bar of Texas Membership Department will need a death certificate or obituary to change a • to deceased. lawyer’s status • The Texas Bar Journal provides a service to publish a memorial. To custodian attorneys: • Custodian attorneys wind down the practice. • Custodians are not the new lawyers for the clients. • Custodian liability protection is written into the rules. • Best handled at the local level. • Recruit a team. To courts and counsel of record: • To courts, on proof of cessation, please prepare case lists and reassign court appointments. • To opposing counsel, be mindful of ethics rules on communications; alert the court and request a status conference. To clients: • The typical priority is to secure new counsel. It may take longer to locate the cli-

ent file. Money issues tend to take the longest to sort out. • Make use of certified lawyer referral services; if nothing else, get a 30-minute consultation. • Consider legal service programs, such as legal aid, volunteer legal services, and employee benefits programs for lawyer assistance. • Study self-help materials at texaslawhelp.org. • Evaluate whether to apply for a grant from the State Bar of Texas Client Security Fund. To local bar leaders: • Local bars are integral to success in handling emergency cessations. • Urge members to contact a colleague they know and trust and ask if the lawyer is willing to close the practice, if needed. The designation can be mutual. • Lawyers can designate custodians at texasbar.com/succession. An automatic email exchange confirms whether the designee accepts the designation. • Assemble local teams of prospective custodians to be trained and available when needed for appointment by local courts. Cessations Drivers With the response phase stabilized, the pilot program transitioned to recovery phase. This is the reach for the new equilibrium. It concludes with deliberating the crucial question: What did we learn? What did we do well? How can we do better next time? The pilot learned that four key

drivers put practice at risk. The first driver is personal crisis, sudden death or incapacity. Such is life, and lawyers are not immune. The pilot fielded calls on deaths, disabilities, and diseases; cancer, Covid-19, heart attack, and stroke; falls; motor vehicle accidents; and all too many lawyer suicides. The second driver is mental illness and substance use disorders. The Texas Lawyers’ Assistance Program reports that 11% of lawyers have had suicidal thoughts at some point in their career; 19% demonstrate symptoms of anxiety; 28% struggle with some level of depression; and 32% of lawyers aged 30 or younger have a drinking problem.3 Driver three is the graying of the profession. The body of the bar has grown. From 2013 to 2024, seniors joined the over-65 demographic at a rate of almost 1,000 lawyers per year. In 2023, lawyers aged 76 and older outnumbered lawyers aged 30 and under. It happened again in 2024. Driver four is the risk of market disruption. The discipline of law practice is changing. In the ascendant are artificial intelligence (AI), legal operations or legal ops, legal project management, and the advent of alternative legal service providers. As law practice transforms, cessations can be expected to be part of the fallout. On a gentler note, new systems and processes should also emerge to improve the justice system. For example, a new role may appear for locum tenens counsel. These would be temporary stand-in lawyers to mitigate the fallout of temporary cessations.

The LPM Program and Succession Planning Resources Succession planning promotes seamless representation of clients, while at the same time preserving value in the practice. The Law Practice Management Program created the Succession Planning Toolkit to help. The toolkit provides in-depth treatment of the fundamentals: 1. Designate a custodian attorney. 2. Implement best practices for file management and password access. 3. Plan for and realize value from the practice. 4. Understand cessation of practice procedure. The toolkit is a free resource at texasbarpractice.com. It includes template clauses for fee agreements to document consent to file retention policies; practice tips for transition planning and how to realize value from the practice; template pleadings for custodianship and forms for notice and correspondence; guidelines for final disposition of client files and IOLTA accounts; and more. As lawyers brave the new legal landscape, beware that sudden interruption of practice can happen to anyone for a variety of reasons. Succession planning shields against adverse outcomes and protects you, your fscamily, and your clients. AL ENDNOTES

1 Biennial Report of the Supreme Court of Texas’ Grievance Oversight Committee (June 1, 2018), https// www.txgoc.com/reports. 2 Tex. Rules Disciplinary P.R. 13.01 – 13.02. 3 See https://www.tlaphelps.org/.

JUNE 2025 | AUSTINLAWYER

ENTRE NOUS

Is Neutral Normal? BY CLAUDE DUCLOUX, LAW OFFICES OF CLAUDE E. DUCLOUX

s I begin my 49th year of this marvelous profession, I have never been more concerned about the future of the Rule of Law. And that’s a shame, because at this point, I thought I’d simply be playing the piano for a living again and watching reruns of “Cheers.” But my nagging concerns will not give me a rest. No matter what your personal or political ideology is, you must concede this is a time of unprecedented upheaval in the United States. Shattering norms are daily events. Decorum, respect, and empathy are historical artifacts now in a society which all too often prioritizes bullies over statesmen, and demands allegiance over insight, and fiction over fact. By any standard, the Rule of Law is hanging by a thread. Most importantly, very smart people who have been entrusted as guardians (aka “guardrails”) of our checkand-balance institutions have widely failed us. The Rule of Law is our solemn promise that we will heed the judges, obey the rules, and if the rules are not good enough, we will make better rules, but we will always follow rules. The founders envisioned the Judiciary to be the ultimate referees of disputes. Every game needs a truly fair referee. But the referees’ roles are

AUSTINLAWYER | JUNE 2025

meaningless if (a) they don’t do their job, or (b) no one listens to them. And that’s the frightening position we’re in now. Admittedly, subverting the democratic process and institutions has time-tested techniques: Canon I. You never admit you’re wrong. Everyone else is. Canon II: There is no solution other than your solution, failing which your country will collapse. Canon III: Anyone who disagrees or refutes your rendition of facts should be attacked, rebuked and punished. And finally, Canon IV: People will believe ANYTHING if you repeat it enough. The Rule of Law is the antithesis to deception. In an American trial, facts don’t exist by conjure and threat. Facts require evidence, not collaborators. So, despite the failure in court to prove insupportable claims used to erode our democratic processes, those same myths persist by repetition. But the Rule of Law consistently impedes their ends. Yet the weakening of critical democratic institutions continues to grow. Undermining the Rule of Law occurs when the judges are attacked with disinformation, when civil liberties are suppressed, news sources blocked, and ideologues are moved into inside positions. Political scientists like Steven Levitsky and Daniel Ziblatt use the term “capturing the referees”

with respect to appointing ideologues as Judges. Winning from inside. And if we lawyers don’t like this, we must, as a profession, raise our voices. The legal profession has enormous influence on American society and commonwealth. The Preamble to our own Texas Rules of Conduct prescribes the many roles we have: to educate, to advise, to cultivate knowledge, in philanthropy, and to be a “special kind of citizen” with a mandate to improve society. We are commanded to make society thrive under our sacred pact to follow rules. Is there any wonder why people who regularly flaunt the Rule of Law would want to silence us? And that silencing is not only a danger. It is

a reality. And that brings me to the point of this essay. Our own State Bar of Texas has been cautioned not to countenance “political speech.” “Absolute neutrality” will be required, nay, demanded of our Bar. And that’s where the absurdity really comes in. An active and vibrant legal profession cannot be “neutral.” Every important element of the practice of law touches or concerns politics. After all, lawyers take a leading role in commenting, designing and proposing better laws. Even discussing these roles involves ideology and debate. Thus, the State Bar’s role cannot be to cover the ears of its members lest they hear speech at their gatherings that may touch or

concern politics. During my 48 years as a lawyer in many roles, I have served on dozens of projects. For a time decades ago, I served on a nationwide ABA committee investigating the backgrounds of various Federal Judge nominees. These committees have been operating since 1952, when Eisenhower requested their assistance. I was overwhelmingly impressed by the diligence, the seriousness and the reporting of those committees. That is exactly why, during the Trump I, when these committees regularly rated nominees as “Unqualified” (some couldn’t even cite the rules of evidence), the vicious attacks on the ABA began, accusing it as being a left-leaning communist plot. Nothing could be further from the truth, of course, as thousands of lawyers (of every ideology) participate and collaborate in the ABA to discuss and improve every possible area of law, and the collected wisdom of these analyses is a national treasure. But the attacks continue to intensify. Thus, refusing to allow or entertain opinions or information considered “political” is another ruse to control and defuse the influence of lawyers. Simply put: Neutral is not normal in our profession. Our job is to listen, investigate, research, consider all opinions, guide our clients and our communities and country to be better. That can never happen when we are ordered to be “neutral.” In “Neutral” we go nowhere. We don’t help anyone. We let our country and our citizens down. I will not be ashamed of myself by abdicating my duty as a “special citizen” just because someone doesn’t want to consider another voice. As Oliver Wendell Holmes remarked in 1919 in his support of free speech, that “the ultimate good desired [by the public] is better reached by free trade in ideas.” And which profession may best be equipped with the means to debate, guide, promote, and evaluate? I, for one, think that’s our job. We are not neutral. We are a powerful force to be reckoned with and to make sure this experiment in democracy survives. Please…keep that faith. AL

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